CELEX: 51983PC0083
Language: en
Date: 1983-02-24
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) laying down implementing rules on food aid management (presented by the Commission to the Council)

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COM (83) 083
Vol. 1983/0028
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(83) 83 f i n a l
                                                              Brussels, 24th February 1983
                        P R O P O S A L FOR A C O U N C I L R E G U L A T I O N (EEC)
            l a y i n g d o w n i m p l e m e n t i n g r u l e s on f o o d a id m a n a g e m e n t
                   ( p r e s e n t e d by the C o m m i s s i o n to the C o u n c i l )
COM(83) 83 f i n a l
 ---pagebreak---                              Explanatory memorandum
Article 4 of Council Regulation (EEC) No 3331/82 of 3 December 1982 on
food-aid policy and food—aid management stipulates that the Council,
acting by a qualified majority on a proposal from the Commission and
after obtaining the. opinion of the European Parliament, shall:
—   decide on the total quantities of each product on an annual or
    multiannual basis,
—   determine the countries and organizations to which food aid may
    be supplied on an annual or multiannual basis,
—    define the basic products to be supplied as'aid, taking into
     account the available stocks of the products in question,
—    determine the derived products to be supplied as food aid,
—    lay down general criteria for the transport of food aid beyond
     the fob stage.
 These various points constitute the general framework within which
 actual decisions for the allocation and management of food aid must
 be taken.
 A feature of this framework should be a certain degree of stability in
 order to permit effective management and enable the Pood Aid Committee
  (the establishment of which is provided for in Article 7 of
 Regulation (EEC) No 3331/82) to exercise to the full its role as a
 consultative body.
 For these reasons, the Commission is of the opinion that it is
 necessary to fix general rules for the implementation of the provisions
  of Regulation (EEC) No 3331/82 which will remain applicable from one
 year to the next.    Such an approach will make it possible to avoid
  returning to the Community authorities unnecessarily and will restrict
  the need for new decisions in this field to those cases
 ---pagebreak---                                   -  2 -
where new decisions are justified by changes in food supply conditions or in
the economic or political situation.
On this basis, the Commission proposes to adopt a fairly wide-ranging list of
countries that are potential food aid recipients.    The inclusion of a given
country on the list will be completely without prejudice to any actual decision
on whether or not to implement an operation for that country under a given
food aid programme.   Any such operation can be decided on by the Commission
only in the light of the food aid allocation criteria adopted and after
consultation of the Pood Aid Committee.
The list includes the countries covered by EEC food aid operations in the past,
which could therefore be considered as potential beneficiaries under future
operations.
This same principle lies behind the list of specialized organizations selected
as potential beneficiaries of EEC food aid operations: it is made up of the
organizations which have already received such aid in the past.
The great diversity and the large number of non-governmental organizations
makes it difficult to draw up an official list of NGOs constituting potential
beneficiaries of food aid operations.    In this particular area, the Commission
prefers to establish the general conditions which such organizations must fulfil
in order to be eligible for EEC food aid operations: apart from the requirements
regarding the location of their registered office and their statutes, emphasis
is laid on their capacity to assume responsibility for food aid operations.     The
list of UGOs accredited under the proposed procedure will be published in the OJ.
With regard to the conditions of supply, general criteria are laid down which
the Commission will take into account for the payment of transport costs beyond
the fob stage.   These criteria are based on the characteristics of the recipients
 (whether or not the operation involves a least-developed or landlocked country
or a specialized organization) and on the nature of the operation in question
 (need for urgent action or greater effectiveness).   In this same spirit,
provision is made for the possibility of meeting distribution costs.     In addition
 ---pagebreak--- to the conditions of supply, it is also necessary to fix the general
rules for the purchase of the products, specifying that the
operation of the tendering machinery must he safeguarded and
determining under what conditions the products may he purchased in
a developing country (urgency or non-availahility on the Community
market).
The list of basic products and derived products which can he used
in food aid operations mainly comprises the products covered hy
previous E E C food aid programmes.
It may he necessary, however, in order to make greater allowance
for the dietary habits of the recipient population, to include in
EEC food aid operations products which are not on the list.    Some
flexibility therefore seems essential in this matter.    The
Commission should he in a position to undertake such operations on
an ad hoc basis and after consulting the Pood Aid Committee.
As regards the total quantities of each product to he supplied on
an annual or multi-annual basis, the Commission proposes that the
Council decide on the quantities corresponding to the funds
available under the 1983 budget.    Those quantities include in
particular the commitments which the EEC has entered into under the
international agreements it has concluded.
This Communication does not deal with the problem of the breakdown
between the Community and the Member States on the one hand and
among the Member States themselves on the other of the operations
provided for under the Pood Aid Convention.    It is stipulated in
Article 4 of Council Regulation (EEC) No 3331/82 that the Council
will decide on this question on a basis of unanimity.    The
Commission has forwarded to the Council a separate communication
 (CCM ...     ) on this subject.
 ---pagebreak--- The draft regulation annexed hereto therefore covers only the subjects
dealt with above.   It constitutes the translation into legal terms of
the principles put forward and is intended to serve as the legal basis
for the implementation of food aid operations.
The Commission proposes that the Council approve this implementing
regulation (Annex  ).
 ---pagebreak---                                                    - 5 -
                                               Proposal for
                              COUNCIL REGULATION (EEC)
                       l a ying d o w n i m p l e m e n t i n g r u l e s on f ood
                                          ai d m a n a g e m e n t
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3331/82 of 3 December 1982
on food-aid policy and food-aid management and amending Regulation
                           A
(EEC) N o 2750/75 » and in particular t h e f i r s t , f o u r t h ,                fifth,    sixth
a nd s e v e n t h i n d e n t s of A r t i c l e 4(1) an d A r t i c l e 4(2) t h e r e o f ,
                                                                               2
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament^,
 OJ No L 352, 14 .12 .1982 , page 1.
 OJ No C
 OJ No C
 ---pagebreak---                                                   -   6 -
Whereas in order to implement Council Regulation (EEC) No 3331/82
it is necessary to determine the countries and organisations to which
food-aid may he supplied on an annual or multiannual basis; whereas
the Community can help alleviate the serious food supply difficulties
facing certain developing countries by providing                              f ood-ai d e i t h e r
d i r e c t l y to the governments o f t hos e c o u n t r i e s or through the i n t e r ­
mediary o f s p e c i a l i s e d o r g a n i s a t i o n s ;
Whereas a list of countries and organizations eligible for such
operations should be drawn up; whereas the countries listed in
Annexe I can meet the c o n d i t i o n s                 for t he - gr ant of f o o d - a i d , as s p e c i f i e d
in Article 2 of the Regulation referred to above; whereas entrusting
food aid operations to the specialised organizations listed in the
Annexe II wi l l           a l s o enabl e the Community to implement such o p e r a t i o n s ;
Whereasf with the same aim in view, arrangements should be established
empowering the Commission to accredit the non—governmental organizations
CMGOs) requi red to carry out the Community's f ood- ai d o p e r a t i o n s ; whereas
the MGOs in q ue s t i on must meet c e r t a i n c o ndi t i o ns guarant eei ng the
s u c c e s s f u l e xe c u t i on o f f o o d - a i d o p e r a t i o n s ;
Whereas general criteria should be established for the transport of
food aid beyond the fob stage, taking into account the financial and
geographical situation of the countries concerned and the channels and
intermediaries via which the aid will be transported;                                  whereas account
should also be taken to this end of the need to ensure greater
effectiveness of the food-aid operations concerned;
Whereas in order to ensure that the objectives of food aid operations
are attained, it is also necessary to stipulate that the aid is
granted on condition that the recipients undertake to comply with the
supply terms laid down by the Commission;
 ---pagebreak---                                   - 7 -
Whereas the procedures for procuring, transporting and delivering the
products should also he established;
Whereas the basic and derived products eligible for food-aid operations
should be determined in the light of the available stocks of the products
in question and of the food requirements and dietary habits of the
recipient countries;   whereas the products listed in Annex III provide
the means of covering a wide range of the food requirements and dietary
habits of the recipients;   whereas it is also necessary to determine the
procedure for procuring products outside the Community;
Whereas the total quantities of each product to be supplied under the
annual and multiannual food-aid programmes and operations should be
determined in accordance with the budgetary resources available and
in compliance with the Community’s international commitments;
Whereas the Commission must be able to take all the measures neeessary
for the proper execution of food-aid programmes and operations; whereas
the Member btates must provide the Commission with all necessary
 assistance to this end and, in particular, with the necessary information,
 HAS ADOPTED THIS REGULATION
 ---pagebreak--- Title I:    Recipients
                                 ARTICLE 1
1.   The countries and organizations to which food aid may be supplied
on an annual or multiannual basis, excluding emergency food-aid
operations, shall be as follows:
(a)    the countries listed in Annex I;
(b)    the specialized organizations listed in Annex II;
(c)    the non-governmental organizations (NGOs) meeting the conditions
       laid down in Article 2 and accredited by the Commission.
2.   A list of accredited NGOs shall be drawn up by the Commission and
published in the Official Journal of the European Communities.
                                 ARTICLE 2
1.   In order to be accredited by the Commission, NGOs must:
 (a)   have their headquarters in a Member State of the Community;
 (b)   have a statute that is characteristic of an NGO;
 (c)   show that they have the capacity to carry out food-aid operations
       successfully;
 (d)   have undertaken to comply with the conditions of supply laid down
       by the Commission pursuant to Article 6 of Regulation (EEC)
       No 3331/82.
 2.   In exceptional circumstances the Commission may, in accordance
 with the procedure set out in Article 8 of Regulation (EEC) No 3331/82,
 accredit an NGO which does not meet the condition specified in
 paragraph 1(a).
 ---pagebreak---                                                         _ 9 -
Title H i         Conditions of supply
                                                      ARTICLE 3
Where the Com mission considers that the Community should meet transport
 c o s t s f o r f o o d a i d b e y o n d t h e f o b s t a g e , it s h a l l t a k e a c c o u n t o f t h e
 following general criteria                  :
— whether the recipient country is included in the list of least-developed
     countries;
— whether the recipient country is a land-locked country;
 — whether the aid is intended for specialized organizations listed in
     Annex II or NGOs accredited by the Commission;
 — the need to procure the product on the market of a developing country;
 — the need to provide the aid by means of an emergency operation;
 — the need t o make a g i v e n f o o d a i d o p e r a t i o n m o r e e f f e c t i v e -
                                                       ARTICLE 4
  Distribution costs may be met b y t h e C o m m u n i t y w h e r e n e c e s s a r y f o r t h e
   proper exe c u t i o n of the food aid ope ratio ns concerned.
 ---pagebreak---                                            ARTICLE 5
1.    The Commission shall inform the recipients of the conditions
governing the supply of food aid as referred to in P o i n t                             (c) o f t h e
firstp a ra g ra D h  of Ar t i c l e 6 of R e g u l a t i o n ( E E C ) N° 3 3 3 1 / 8 2 .
2.    Food aid shall be granted to the recipients only where they
undertake to comply with the conditions of supply notified to them by
the Commission.
                                           ARTICLE 6
1.    Except in the case of emergency food-aid operations or where
products have to be purchased in a developing country because they
are unavailable on the Community market, o f f e r s s h a l l b e c a l l e d
f o r w i t h i n the C o m m u n i t y :
- for the procurement of the product on the Community market and,
    where appropriate, for its purchase and possible manufacture on
    that market;
- for the transportation and delivery of the product procured.
2.    Where, however, a food aid operation relates only to relatively
small amounts, the provisions of paragraph 3 may also apply.
3.    For emergency food-aid operations or where products rtmst be
purchased in a developing country because they are unavailable on the
Community market, the Commission may conclude the necessary private
contracts or delegate the Member States and, where appropriate, an
axithorized agent to conclude such contracts on terms laid down by
the Commission.
 ---pagebreak--- Titlelll:         Products
                                            ARTICLE 7
1.   The basic and derived products which may be supplied under annual
     or multiannual food— aid                    operations are listed in Annex III.
 2.  However,        in o r d e r t o t a k e a c c o u n t o f t h e s p e c i f i c f o o d r e q u i r e m e n t s
     or d i e t a r y habits of the recipient countries, food-aid o p e r a t i o n s may
     i n v o l v e p r o d u c t s o t h e r t h a n t h o s e l i s t e d in A n n e x I I I .
 3.  The Commission shall take decisions on the o p e r a t i o n s                             r e f e r r e d to
      in p a r a g r a p h 2 in a c c o r d a n c e w i t h t h e p r o c e d u r e d e s c r i b e d in
     A r t i c l e 8 of R e g u l a t i o n     (EEC) No 3 3 3 1 / 8 2 .
                                             ARTICLE 8
 1.   The Commission shall lay down rules for the procurement of products
      which must be purchased in a developing country because they are
      unavailable on the Community market.
      In order to establish that they are unavailable, the Commission
      shall have regard to the availability of stocks of the products in
      question in the Community and the Community market's needs as regards
       such products.
  2.   However, milk products supplied as food aid may be manufactured and
       purchased only in the Community.
  3.   The Commission shall establish the rules referred to in paragraph 1
       in accordance with the procedure described in Article 8 of
       Regulation (EEC) No 3331/82.
                                           ARTICLE 9
  The Commission shall establish the technical coefficients and equivalence
  criteria referred to in Article 3 of Regulation (EEC) No 3331/82.
 ---pagebreak--- T i t l e IV T o t a l q u a n t i t i e s
                                               A r t i c l e 10
1. I n a c c o r d a n c e w i t h t h e          budgetary resources available and subject
       t o p o s s i b l e a d j u s t m e n t s d u r i n g t h e y e a r , in 1 9 8 3 t h e f o l l o w i n g
       q u a n t i t i e s shall be made a v a i l a b l e to certain d e v e l o p i n g c o u n t r i e s
       and cer tain o r g a n i s a t i o n s under the annual and m u l t i a n n u a l                         food
       aid p r o g ramm es :
- f o r c e r e a l s , a q u a n t i t y o f 1 0 4 3 3 6 9 t;
- f o r m i l k p o w d e r , a q u a n t i t y o f 1 5 0 0 0 0 t;
- f o r b u t t e r , a q u a n t i t y o f 4 6 0 0 0 t o r i ts e q u i v a l e n t in b u t t e r o i l ;
- f o r s o j a , a q u a n t i t y o f 10 0 0 0 t;
- f o r v e g e t a b l e o i l , a q u a n t i t y o f 6 1 5 0 t.
2. C o n c e r n i n g      other products                   t h e a l l o c a t i o n w i l l b e d e t e r m i n e d in
a c c o r d a n c e w i t h t h e p r o c e d u r e d e s c r i b e d in A r t i c l e 8 o f R e g u l a t i o n        (EEC)
N° 3 3 3 1 / 8 2
 ---pagebreak---                                  -13 -
 Title V : Final provisions
                              ARTICLE 11
 1·  The Commission shall take all necessary measures to ensure the proper
 execution of food-aid. programmes and operations.
 2.  The Member States shall provide the Commission with all the assistance
 necessary to this end and shall in particular provide it with all the
 information needed for the proper execution of food—aid programmes and
 operations.
                              ARTICLE 12
The European Parliament shall be kept informed of the management of food
aid by being notified of the decisions referred to in Articles 1, 2 and ^
to 10 of this Regulation upon their adoption.
                              ARTICLE 13
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Lone at Brussels
                                             For the Council
 ---pagebreak---                                    - 14 -
                                                             Annex I
        List of countries eligible for annual and multiannual food, aid operati ons
       Africa
 1.1   Sahel
                                          1«5   H°rn_of Africa^/lndian Ocean
       Cape Verde                               Djibouti
       Chad
                                                Ethiopia
       Gambia
                                                Somalia
      Mali
      Mauritania
      Niger                               1.6   Indian Ocean
      Senegal
      Upper Volta
                                               Comoros
                                               Madagascar
1.2   West_Africa                              Maldives
                                               Mauritius
      Benin                                    Seychelles
      Ghana
      Guinea
      Guinea-Bissau                     1.7    Southern Africa
      Liberia
      Sierra Leone                             Angola
      Togo                                     Botswana
                                               Lesotho
                                               Mozambique
      Central Africa                           Swaziland
                                               Zambia
      Cameroon                                 Zimbabwe
      Central African Republic
      Congo
      Equatorial Guinea                Mediterranean - Middle East
     Sao Tome
     Zaire
                                              Egypt
     East_Africa
                                              Jordan
                                              Lebanon
     Burundi
                                              Morocco
     Kenya
                                              Syria
     Rwanda
                                              Tunisia
     Sudan
                                              Yemen AR
     Tanzania
                                              Yemen PDR
     Uganda
 ---pagebreak--- Latin and Central America  -  Caribbean
Antigua and Barbuda
Bolivia
Colombia
Costa Rica
Dominica
Dominican Republic
El Salvador
Grenada
Guyana
Honduras
Jamaica
Nicaragua
Peru
Saint Lucia
Saint Vincent and the Grenadines
Asia
Bangladesh
Burma
Cambodia
China
India
Indonesia
Lao PDR
Nepal
Pakistan
 Philippines
 Sri Lanka
 Thailand
 ---pagebreak---                                   -  16 -
                                                          Annex II
List of specialized organizations eligible for annual and multiannual
food aid operations
IGRG     Int e m a t ional Committee of the Red Gross
LiiCG     League of Hed Cro    js   Societies
UNHCR     Office of the UN High Gommissioner for Refugees
UNICEF    United Nations Children's Fund
UNRWA     United Nations Relief and Works Agency for Palestine Refugees
          in the Near East
PAM       World Food Programme
 ---pagebreak---                                           - 17 -                                                    A n n e x III
                        List of basic and der ived products
                          e l i g i b l e for food aid op e r a t i o n s
    CCT h e a d i n g
        number                                             De s c r i p t ion
        03.02         F i s h , d r i e d , s a l t e d o r in b r i n e ; s m o k e d f i s h ; w h e t h e r
                      or not cooked b e f o r e or during the smo king pro c e s s
        04.02         M i l k a n d c r e a m , in      po w d e r or gra n u l e s
        A II
        04.03         Butter
        07.05         Dri ed leg umino us v e g e t a b l e s , w he ther or not ski nned
            B         or split (other tha n for sowing)
C h a p t e r 10
      (10.01          C e r e a Is
          to
        10.07)
        11.01         Cereal flours
        11.02         Cereal groats and cereal meal other worked cereal grains
                      exc ept rice falling wi t h i n heading No 10.06; germ of
                      cereals, whole, rolled, flaked or ground.
        11.04         Flour of the d r i e d Leguminous v e g e t a b l e s fal ling wi t h i n
            A         hea d i n g No 07.05
        15.07         O l i v e Oil
            A
        15.07          Fixed v eg etabl e oils, fluid or solid, crude, ref ined or
        D II          purified other than olive oil, China-wood and ortica oils;
                      m y r t i l e wax and J a p a n wax, c a s t o r oil and o t h e r oils for
                      t e c h n i c a l or ind ustri al uses oth er tha n the m a n u f a c t u r e
                      of f o o d s t u f f s for h u m a n c o n s u m p t i o n .
         17.01         B e e t s u g a r a n d c a n e s u g a r , in s o l i d f o r m
         A + B