L 349/12 Official Journal of the European Communities 24.12.98 COUNCIL REGULATION (EC) No 2802/98 of 17 December 1998 on a programme to supply agricultural products to the Russian Federation THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment ('), Whereas the Community has agricultural products in stock as a result of intervention measures; Whereas there are already considerable gaps in the supply of certain agricultural products to the Russian market, which are likely to become worse in the coming months; Whereas the international community is already mo- bilised to deal with this situation and the Community must also assume its responsibilities; Whereas agricultural products should therefore be made available to the Russian Federation (hereinafter ‘Russia’) in order to improve its food supply position, taking account of the diversity of local situations and without compromising the trend to a free market in food; whereas moreover as an exceptional measure intervention prod- ucts should be sent in the first place to Russia either as they are or after processing; whereas it should finally also be possible to mobilise agricultural products on the Community market where no intervention stocks are available; Whereas this operation will help to improve the precar- ious situation of the Russian population and at the same time help to regularise the agricultural markets; Whereas requirements to ensure that the operation is properly carried out should be laid down and provision made for the supply to be staggered; whereas particulars of the actual organisation of the operation, including product destination, are to be set out in a memorandum to be concluded between the Community and Russia; whereas under the memorandum the Russian authorities are to be responsible for selling the products on local markets at prices that do not disturb them and for using the net receipts for social measures; (") Opinion delivered on 16 December 1998 (not yet published in the Official Journal). Whereas the Commission should be authorised to nego- tiate and conclude this agreement; whereas to help achieve the ends of the operation the Commission should be authorised to take all necessary action, including deferral or suspension of supply according to the diffi- culties encountered, if the requirements set are no longer being met; Whereas the Commission is calling on outside technical assistance for monitoring, auditing, control and evaluation of the proper conduct of the operation, including on the territory of the Russian Federation; whereas, for reasons of urgency, the Commission may use restricted procedures or private contracts, in particular for monitoring and control; Whereas, despite all the precautions which have been and will be taken, the operation inevitably involves inherent risks; Whereas rules applying to the execution of the operation should be adopted by the Commission through the procedures in force for common agricultural policy purposes; Whereas in view of the need it is imperative that products reach their destination as soon as possible; whereas supply should begin immediately and its cost should be met by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, HAS ADOPTED THIS REGULATION: Article 1 1. Under the terms of this Regulation free supply shall be made to Russia of agricultural products as referred to in Article 3 that are either available following intervention or if not so available will be mobilised on the Community market. 2. The products shall be supplied to the neediest regions as identified by joint agreement between the Community and Russia. 3. Supply shall be staggered as determined in consulta- tion with the Russian authorities.