Explanatory Memorandum to COM(2009)132 - EC position within the International Grains Council with respect to the extension of the Grains Trade Convention 1995

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1. The Grains Trade Convention 1995 (hereinafter: the “Convention”) was concluded by the Community by Council Decision 96/88/EC i until 30 June 1998 and, since then, it has been regularly extended. The Convention was last extended by decision of the International Grains Council in June 2007 and remains into force until 30 June 2009.

2. A further extension of the Convention by up to two years is in the interest of the Community.

3. The extension of the Convention entails the prolongation of the Community contribution to the administrative budget of the International Grains Agreement, which covers both the Convention and the Food Aid Convention 1999. That contribution is budgeted under item 05 06 01 of the Community budget (International agricultural agreements).

4. The purpose of this proposal is to seek the Council’s authorisation to the Commission to vote, on behalf of the Community, in favour of the extension of the Grains Trade Convention up to 30 June 2011 within the International Grains Council.

1. 2009/0045 (ACC)

Proposal for a

COUNCIL DECISION

establishing the position to be adopted, on behalf of the Community, within the International Grains Council with respect to the extension of the Grains Trade Convention 1995

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the second subparagraph of Article 300 i thereof,

Having regard to the proposal from the Commission,

Whereas:

The Grains Trade Convention 1995 was concluded by the Community by Council Decision 96/88/EC i and was regularly extended for further periods of two-year. This Convention was extended last time by decision of the International Grains Council in June 2007 and remains into force until 30 June 2009. A further extension is in the interest of the Community. The Commission, which represents the Community in the Grains Trade Convention, should therefore be authorised to vote in favour of such extension,

HAS DECIDED AS FOLLOWS:

Sole Article

The European Community's position within the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention 1995 for a further period of up to two years.

The Commission is hereby authorised to express this position within the International Grains Council.

Done at Brussels,

For the Council

The President

LEGISLATIVE FINANCIAL STATEMENT

Policy area: Agricultural and Rural Development Activity: International aspects of Agricultural and Rural Development policy area

TITLE OF ACTION: EXTENSION OF THE GRAINS TRADE CONVENTION

1. BUDGET LINE + HEADING:

Heading 4 – The EU as a global partner

05 06 01: International agricultural agreements

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): EUR million 0.775

2.2. Period of application: 1.7.2009 to 30.06.2011

2.3. Overall multi-annual estimate on expenditure (EUR million)

Total

Commitments 0. 0. 0.

Payments 0. 0. 0.

2.4. Compatibility with the financial programming and the financial perspective

X Proposal compatible with the existing financial programming

2.5. Financial impact on revenue

X No financial implications (involves technical aspects regarding implementation of a measure).

3. BUDGET CHARACTERISTICS

Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective

Comp Diff NO NO NO 4 The EU as a global partner

4. LEGAL BASIS

Article 133 in conjunction with Article 300 i of the Treaty.

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

Because of its economic importance, especially in the agricultural sector, the EC must be represented in international agricultural agreements, which represent an important means for following global developments and defending Community interests for the products concerned.

The payment of EC membership contributions to the International Grains Council (ICG) enables the objectives of the international agreements to be attained. The IGC which is responsible for administering the Agreement relating to the Grains Trade Convention 1995 and Food Aid Convention 1999, promotes the objectives of the Agreements, including international cooperation, exchange of statistical information, forecasting market trends, etc. and for the Food Aid Convention the guarantee that developing countries are ensured a minimum amount of food aid by the European Union. It is therefore in the interests of the EC to be a part of these Agreements.

The membership contributions are determined on an annual basis and are due for as long as the EC is a member of the Agreements.

It is clear that if the EC had to carry out on its own the same actions as are carried out by the IGC, the total cost of these would be much greater than the cost of the membership contributions.

5.2. Actions envisaged and arrangements for budget intervention

The EC pays membership dues on an annual basis for the International Grains Council.

The dues are paid for as long as the EC remains a signatory of the Agreements.

The European Commission participates fully in the activities of the IGC and takes full advantage of the benefits of membership.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B

Commitments (to the 3rd decimal place): EUR 0.775 million for the period of two years: 0.375 for 2009/2010 and 0.400 for 2010/2011.

6.2. Calculation

The expenditure involved in the application of the two conventions is covered by annual contributions from all members of the Grains convention.

Each contribution is fixed in proportion to the number of votes attributed to the member concerned and proportionally to its importance in the international market.

There are a total of 2000 votes in the Convention, of which the European Union is estimated to hold 386 in 2009/10 and 2010/2011. The estimated cost per vote for 2009/2010 is €837 resulting in a Community contribution of EUR 0.323 million. For 2010/2011 and taking into consideration the adjustment of the price per vote, the cost is estimated at EUR 0.346 million. These amounts were increased by a 15% safety margin (exchange rates, unexpected changes in the organisation, etc.). We estimated an exchange rate of EUR 1.25 = GBP 1 for the calculations.

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

Types of post Staff to be assigned to management of the action using existing resources Total Description of tasks deriving from the action

Number of permanent posts Number of temporary posts

Permanent officials or temporary staff A B C 0.2 0.1 – – – – 0.2 0.1 – Preparation for attendance at and follow up from meetings of the IGC

Other human resources – – –

Total 0. – 0.

7.2. Overall financial impact of human resources

Type of human resources Amount EUR Method of calculation

Officials Temporary staff 36 0.3 x 122

Other human resources

Total 36

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

The Commission services will participate fully in the Administrative Committees and Council of IGC; these are the bodies responsible for determining budgetary contributions.

Reports on these meetings and of the decisions taken in the course of these meetings are published and are freely available to members.

9. ANTI-FRAUD MEASURES

The execution and the control of EC contributions are checked in conformity of the rules foreseen by the IGC Agreement.

Specific modalities of audit and control are laid down in the legal basis of this international organisation.

The accounts of this organisation are certified by an independent external auditor. This certification is submitted to the competent body of the IGC in view of its approval and subsequent publication.