Proposal for a Council Regulation (EC) on a programme to supply agricultural products to the Russian Federation
C 408/12 EN Official Journal of the European Communities 29. 12. 98 II (Preparatory Acts) COMMISSION Proposal for a Council Regulation (EC) on a programme to supply agricultural products to the Russian Federation (98/C 408/08) COM(1998) 725 final - 98/0343(CNS) (Submitted by the Commission on 10 December 1998) 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 Parliament, regard to the opinion of the European Whereas the Commission 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; the Whereas already mobilised to deal with this situation and the Union must also assume its responsibilities; international community is Whereas requirements to ensure that the operation is properly carried out should be laid down and provision made for supply to be staggered; whereas particulars of the actual organisation of including product destination, must be set out in a memorandum to be concluded between the Community and Russia; whereas under the memorandum the Russian authorities must 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; the operation, the Commission should be authorised Whereas to negotiate 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 diffiÜ culties encountered, if the requirements set are no longer being met; for monitoring, Whereas the Commission is calling on outside technical and assistance evaluation of the proper conduct of the operation, including on the territory of the Russian Federation; whereas, for reasons of urgency, the Commission may in restricted procedures or private contracts, use particular for monitoring and control; auditing, control the diversity of taking account of Whereas agricultural products should therefore be made available to Russia in order to improve its food supply local position, situations and without compromising the trend to a free market in food; whereas moreover as an exceptional measure it is intervention products that 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, despite all the precautions which have been involves and will be taken, the operation inherent risks; inevitably 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; this operation will help Whereas the precarious situation of the Russian population and at the same time help to regularise the agricultural markets; improve to Whereas imperative that products reach their destination as soon as possible; in view of the need is it 29. 12. 98 EN Official Journal of the European Communities C 408/13 whereas supply should begin immediately and its cost be met by the Guarantee Section of the European AgriÜ cultural Guidance and Guarantee Fund, priate processing in the Community, shall be determined by public tendering procedure or, for reasons of urgency or routing difficulty, by restricted tendering procedure. HAS ADOPTED THIS REGULATION: Article 1 1. Ú 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 interÜ vention or if not so available will be mobilised on the Community market. 2. Ú The products shall be supplied to the neediest regions as identified by joint agreement between the Community and Russia. 3. Ú Supply shall be staggered as determined in consulÜ tation with the Russian authorities. 4. Ú The terms of the operation shall be the subject of a memorandum between the Community and Russia negotiated and concluded by the Commission. They shall include, on the responsibility of the Russian authorities, sale of the products supplied on local markets at prices whereby the regional market will not be disturbed and also the principle of exclusive allocation of the net receipts of sales to social measures. Exceptionally the products supplied may be distributed free to the neediest people of the regions concerned. The memorandum shall also cover assistance and coopÜ eration by the Russian authorities in any monitoring, auditing, control and evaluation activities to be carried out within Russian territory, in particular by the Court of Auditors or by outside bodies delegated by the Commission for the purpose. Article 2 1. Ú The products shall be supplied unprocessed or after processing in the Community. foodstuffs 2. Ú The measures may also available or which may be obtained on the market by payment with products coming from intervention stocks and belonging to the same group of products. relate to 3. Ú Supply costs, to ports or frontier points, unloading excluded, and where approÜ including transport 4. Ú Export refunds on agricultural products shall not be granted on products supplied under this Regulation. Article 3 The maximum quantities for free supply shall be: - 1 000 000 tonnes of common wheat of breadmaking quality, - 500 000 tonnes of rye of breadmaking quality, - 50 000 tonnes of milled rice, - 100 000 tonnes of pig carcases, - 150 000 tonnes of beef carcases, - 50 000 tonnes of skimmed milk powder. Article 4 1. Ú The Commission shall be responsible for execution of the operation under the terms of this Regulation. The Commission shall defer execution of one or more instalments of the operation or suspend it if it is not ensured that the operation is being carried out satisfacÜ torily, in particular if the provisions of the memorandum referred to in Article 1(4) are not being respected. It shall take all necessary action to ensure that supply is effected at the stage planned. The Commission shall, by means of open or restricted invitations to tender or private contracts, as provided for in the Financial Regulation, call on outside technical assistance and evaluation of the proper conduct of the operation, including on Russian territory. for monitoring, auditing, control 2. Ú Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 or, as appropriate, the corresponding articles of the other regulations on the common organisation of markets. C 408/14 EN Official Journal of the European Communities 29. 12. 98 Article 5 The book value of agricultural products from interÜ vention shall be determined in accordance with the procedure laid down in Article 13 of Council Regulation (EEC) No 729/70Ø(˛). Article 6 Action under this Regulation shall be covered by Article 3 of Regulation (EEC) No 729/70, including the costs (˛) OJ L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ L 125, 8. 6. 1995, p. 1). arising from the application of the last subparagraph of Article 4(1) of this Regulation. Article 7 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding directly applicable in all Member States. in its entirety and Proposal for a Council Regulation (EC) regarding the implementation of measures to intensify the ECÜTurkey customs union (98/C 408/09) COM(1998) 600 final - 98/0299(CNS) (Submitted by the Commission on 22 October 1998) THE COUNCIL OF THE EUROPEAN UNION, Whereas the Cardiff European Council pointed out that the European strategy would require financial support; Having regard to the Treaty establishing the European Community and in particular Article 235 thereof, Having regard to the proposal from the Commission, Having Parliament, regard to the Opinion of the European Whereas the Luxembourg European Council on 12 and 13 December 1997 confirmed that Turkey was eligible to accede to the European Union; Whereas on 4 March 1998 the Commission presented to the Council a communication entitled the European strategy for Turkey: the Commission’s initial operational proposals to prepare Turkey for accession; Whereas the Cardiff European Council on 15 and 16 June 1998 welcomed the Commission’s communication as a platform for developing relations between the European Union and Turkey on a sound and evoÜ lutionary basis; Whereas the Commission was requested by the Cardiff European Council to table any proposals which would be required to implement the European strategy; Whereas, since the ECÜTurkey customs union came into force on 31 December 1995, Turkey has been pushing ahead with economic reform; Whereas the provisions of this Regulation are based on respect for democratic principles, the rule of law, human rights and fundamental freedoms and respect for interÜ national the European Community and its Member States; law, which underpin the policies of Whereas the Community attaches great importance to the process on which Turkey has embarked to improve its democratic practices, promote respect for fundaÜ mental human rights and more closely involve civil society in its development; financial reference amount within Whereas a the meaning of point 2 of the Declaration of the European Parliament, the Council and the Commission of 6 March 1995 has been included in this Regulation for the period 1999Ü2001, although it does not affect the competence of the budgetary authority as defined by the Treaty;