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30.11.2012 Official
Journal
of
the
European
Union
L
330/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 13 November 2012
on the conclusion, on behalf of the European Union, of the Food Assistance Convention
(2012/738/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Article 2
Having regard to the Treaty on the Functioning of the European
The Commission shall decide on the annual commitment to be
Union, and in particular Article 214(4) in conjunction with
made on behalf of the Union in accordance with Article 5 of
Article 218(6)(a), thereof,
the Convention and shall inform the Secretariat of the
Committee thereof.
Having regard to the proposal from the European Commission,
Article 3
Having regard to the consent of the European Parliament,
The Commission shall provide annual reports and participate in
Whereas:
information sharing on behalf of the Union in accordance with
Article 6 of the Convention.
(1) The Union is a Party to the Food Aid Convention
1999 ( 1 ) (‘FAC 1999’), which expires on 1 July 2012.
Article 4
(2) In
accordance
with
Council
Decision
2012/511/EU
( 2 ),
The President of the Council shall designate the person(s)
the Food Assistance Convention (‘the Convention’) was
empowered to proceed, on behalf of the Union, to the
signed on 23 July 2012, subject to its conclusion.
deposit of the instrument of approval provided for in Article 12
of the Convention, in order to express the consent of the Union
(3)
It is in the interest of the Union to be a Party to the
to be bound by the Convention ( 3 ).
Convention as the latter would help to achieve the
humanitarian aid objectives referred to in Article 214(1)
Article 5
of the Treaty on the Functioning of the European Union.
This Decision shall enter into force on the day of its adoption.
(4) The
Convention
should
be
approved,
HAS ADOPTED THIS DECISION:
Done at Brussels, 13 November 2012.
Article 1
The Food Assistance Convention (‘the Convention’) is hereby
For the Council
approved on behalf of the Union.
The President
The text of the Convention is attached to this Decision.
V. SHIARLY
( 3 ) The date of entry into force of the Convention will be published in
( 1 ) OJ L 222, 24.8.1999, p. 40.
the Official Journal of the European Union by the General Secretariat of
( 2 ) OJ L 256, 22.9.2012, p. 3.
the Council.

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L 330/2
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Official Journal of the European Union
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FOOD ASSISTANCE CONVENTION
PREAMBLE
THE PARTIES TO THIS CONVENTION,
CONFIRMING their continued commitment to the still valid objectives of the Food Aid Convention 1999, to contribute
to world food security, and to improve the ability of the international community to respond to emergency food
situations and other food needs of developing countries;
SEEKING to improve the effectiveness, efficiency, and quality of food assistance in preserving the lives and alleviating the
suffering of the most vulnerable populations, especially in emergency situations, by strengthening international cooperation
and coordination, in particular among the Parties and stakeholders;
RECOGNISING that vulnerable populations have particular food and nutritional needs;
AFFIRMING that States have the primary responsibility for their own national food security, and therefore for the
progressive realisation of the right to adequate food as set out in the Food and Agriculture Organisation (FAO)
voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national
food security adopted by the FAO Council in November 2004;
ENCOURAGING governments of food insecure countries to develop and implement country-owned strategies that
address the root causes of food insecurity through long-term measures, and that ensure proper linkages between
relief, recovery and development activities;
REFERRING to international humanitarian law and the fundamental humanitarian principles of humanity, impartiality,
neutrality and independence;
REFERRING to the principles and good practice of humanitarian donorship, endorsed in Stockholm on 17 June 2003;
RECOGNISING that the Parties have their own policies related to providing food assistance in emergency and non-
emergency situations;
CONSIDERING the World Food Summit Plan of Action adopted in Rome in 1996, as well as the Five Rome Principles
for Sustainable Global Food Security identified in the Declaration of the World Summit on Food Security of 2009, in
particular the commitment to achieve food security in all countries and the ongoing effort to reduce poverty and eradicate
hunger that was reaffirmed by the United Nations General Assembly in the United Nations Millennium Declaration;
CONSIDERING the commitments made by donor and recipient countries to improve development aid effectiveness by
applying the principles of the Organisation for Economic Cooperation and Development’s (OECD) Paris Declaration on
Aid Effectiveness adopted in 2005;
DETERMINED to act in accordance with their World Trade Organisation (WTO) obligations, in particular any WTO
disciplines on food aid,
HAVE AGREED AS FOLLOWS:
Article 1
Parties to provide food assistance that improves access to,
and consumption of, adequate, safe and nutritious food;
Objectives
The objectives of this Convention are to save lives, reduce
hunger, improve food security, and improve the nutritional
status of the most vulnerable populations by:
(b) ensuring that food assistance provided to the most
(a) addressing the food and nutritional needs of the most
vulnerable populations is appropriate, timely, effective, effi
vulnerable populations through commitments made by the
cient, and based on needs and shared principles; and

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(c) facilitating information-sharing, cooperation, and coor
(ii) actively seek to cooperate, coordinate and share
dination, and providing a forum for discussion in order to
information to improve the effectiveness and efficiency
improve the effective, efficient, and coherent use of the
of food assistance programmes, and the coherence
Parties’ resources to respond to needs.
between food assistance and related policy areas and
instruments;
Article 2
Principles of food assistance
(iii) purchase food and other components of food
The Parties, in providing and delivering food assistance to the
assistance locally or regionally, whenever possible and
most vulnerable populations, should always adhere to the
appropriate;
following principles:
(a) General principles of food assistance:
(iv) increasingly provide untied cash-based food assistance,
whenever possible and based on needs;
(i) provide food assistance only when it is the most
effective and appropriate means of addressing the
food or nutrition needs of the most vulnerable popu
(v) only monetise food aid where there is an identified
lations;
need to do so, and to improve the food security of
vulnerable populations; base monetisation on trans
parent and objective market analysis and avoid
commercial displacement;
(ii) provide food assistance, taking into account the long-
term rehabilitation and development objectives of the
recipient countries, while supporting the broader goal
of achieving food security, whenever appropriate;
(vi) ensure food assistance is not used to promote the
market development objectives of the Parties;
(iii) provide food assistance in a manner that protects
livelihoods and strengthens the self-reliance and
resilience of vulnerable populations, and local commu
(vii) avoid re-exportation of food aid to the maximum
nities, and that prevents, prepares for, mitigates and
extent possible except to prevent or respond to an
responds to food security crises;
emergency situation; only re-export food aid in a
manner that avoids commercial displacement;
(iv) provide food assistance in such a way as to avoid
dependency and minimise direct and indirect negative
impacts on beneficiaries and others;
(viii) acknowledge, where appropriate, that relevant auth
orities or relevant stakeholders have the primary role
and responsibility for the organisation, coordination
and implementation of food assistance operations;
(v) provide food assistance in a way that does not adversely
affect local production, market conditions, marketing
structures and commercial trade or the price of
essential goods for vulnerable populations;
(c) Principles on the provision of food assistance:
(vi) provide food aid in fully grant form, whenever possible;
(i) target food assistance according to the food and
nutrition needs of the most vulnerable populations;
(b) Principles of food assistance effectiveness:
(i) in order to increase the amount available to spend on
(ii) involve beneficiaries in the assessment of their needs and
food assistance for vulnerable populations and to
in the design, implementation, monitoring and
promote efficiency, minimise associated costs as
evaluation of food assistance, as well as other relevant
much as possible;
stakeholders, where appropriate;

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(iii) provide food assistance that meets applicable safety and
4. Eligible
activities
for
the
fulfilment
of
a
Party’s
minimum
quality standards, and that respects cultural and local
annual commitment in accordance with Article 5 shall be
dietary habits and the nutritional needs of the benefici
consistent with Article 1, and shall include at least the
aries;
following activities:
(iv) uphold the dignity of beneficiaries of food assistance;
(a) the provision and distribution of eligible products;
(d) Principles of food assistance accountability:
(b) the provision of cash and vouchers; and
(i) take specific and appropriate measures to strengthen the
(c) nutritional interventions.
accountability and transparency of food assistance
policies, programmes, and operations;
These eligible activities are further elaborated in the Rules of
Procedure and Implementation.
(ii) monitor, evaluate, and communicate, on a regular and
transparent basis, the outcomes and the impact of food
assistance activities in order to further develop best
practices and maximise their effectiveness.
5. Associated
costs
eligible
for
the
fulfilment
of
a
Party’s
minimum annual commitment according to Article 5 shall be
consistent with Article 1, and shall be limited to costs directly
linked to the provision of eligible activities, as further elaborated
Article 3
in the Rules of Procedure and Implementation.
Relationship with WTO Agreements
Nothing in this Convention shall derogate from any existing or
future WTO obligations applicable between Parties. In case of
Article 5
conflict between such obligations and this Convention, the
former shall prevail. Nothing in this Convention will prejudice
Commitment
the positions that a Party may adopt in any negotiations in the
1. To
meet
the
objectives
of
this
Convention,
each
Party
WTO.
agrees to make an annual commitment of food assistance, set
in accordance with its laws and regulations. Each Party’s
commitment is referred to as its ‘minimum annual commit
ment’.
Article 4
Eligible country, eligible vulnerable populations, eligible
products, eligible activities, and associated costs
2. The
minimum
annual
commitment
shall
be
expressed
in
1. ‘Eligible
country’
means
any
country
on
the
OECD’s terms of value or quantity as further elaborated in the Rules of
Development Assistance Committee (DAC) list of Official Devel
Procedure and Implementation. A Party may choose to express
opment Assistance Recipients, or any other country identified in
either a minimum value or a minimum quantity, or a
the Rules of Procedure and Implementation.
combination of both for its commitment.
2. ‘Eligible
vulnerable
populations’
means
vulnerable
popu
3. Minimum
annual
commitments
in
terms
of
value
can
be
lations in any eligible country.
expressed in the currency chosen by the Party. Minimum annual
commitments in terms of quantity can be expressed in tonnes
of grain equivalent or other units of measure provided under
the Rules of Procedure and Implementation.
3. ‘Eligible products’ means products for human
consumption that comply with relevant national policies and
legislation of the country of operation, including, as appro
priate, applicable international food safety and quality
4. Each
Party
shall
notify
the
Secretariat
of
its
initial
standards as well as products that contribute to meeting food
minimum annual commitment as soon as possible and no
needs and protecting livelihoods in emergency and early
later than six months following the entry into force of this
recovery situations. The list of eligible products is provided in
Convention, or within three months of its accession to this
the Rules of Procedure and Implementation.
Convention.

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5. Each
Party
shall
notify
the
Secretariat
of
any
change
to
its 13. Each
Party
shall
make
every
effort
to
meet
its
minimum
minimum annual commitment for subsequent years no later
annual commitment. If a Party is unable to meet its minimum
than the fifteenth day of December of the year preceding the
annual commitment for a particular year, it shall describe the
change.
circumstances of its failure to do so in its annual report for that
year. The unfulfilled amount shall be added to the Party’s
minimum annual commitment for the following year unless
the Committee established under Article 7 decides otherwise,
or unless extraordinary circumstances justify not doing so.
6. The
Secretariat
shall
communicate
the
updated
minimum
annual commitments to all of the Parties as soon as possible
and no later than the first day of January of each year.
14. If
a
Party’s
contribution
exceeds
its
minimum
annual
commitment, the amount of the excess, but not more than
7. Contributions made to meet minimum annual
five per cent of its minimum annual commitment, may be
commitments should be made in fully grant form whenever
counted as part of the Party’s contribution for the following
possible. With respect to food assistance counted towards a
year.
Party’s commitment, not less than 80 per cent provided to
eligible countries and eligible vulnerable populations, as
further elaborated in the Rules of Procedure and Implemen
tation, shall be in fully grant form. To the extent possible, the
Parties shall seek progressively to exceed this percentage.
Contributions that are not made in fully grant form should
Article 6
be accounted for in each Party’s annual report.
Annual reporting and information sharing
1. Within 90 days after the end of the calendar year, each
Party shall provide an annual report, in accordance with the
Rules of Procedure and Implementation, to the Secretariat,
8. The Parties shall undertake to conduct all food assistance
detailing how it met its minimum annual commitment under
transactions under this Convention in such a way as to avoid
this Convention.
harmful interference with normal patterns of production and
international commercial trade.
2. This
annual
report
shall
contain
a
narrative
component
9. The
Parties
shall
ensure
that
the
provision
of
food that may include information on how the Party’s food assistance
assistance is not tied directly or indirectly, formally or infor
policies, programmes and operations contribute to the
mally, explicitly or implicitly, to commercial exports of agri
objectives and principles of this Convention.
cultural products or other goods and services to recipient coun
tries.
3. The
Parties
should,
on
an
ongoing
basis,
exchange
10. To
meet
its
minimum
annual
commitment,
whether information on their food assistance policies and programmes
expressed in value or quantity, a Party shall make contributions
and the results of their evaluations of these policies and
that are consistent with this Convention and that consist of
programmes.
funding for eligible products and activities, and associated
costs, as set forth in Article 4, and as further elaborated in
the Rules of Procedure and Implementation.
Article 7
11. Contributions
provided
to
meet
the
minimum
annual
Food Assistance Committee
commitment under this Convention may only be directed at
1. A Food Assistance Committee (the ‘Committee’),
eligible countries or eligible vulnerable populations, as set
consisting of all of the Parties to this Convention, is hereby
forth in Article 4 and as further elaborated in the Rules of
established.
Procedure and Implementation.
12. The
Parties’
contributions
may
be
provided
bilaterally, 2. The
Committee
shall
make
the
decisions
at
its
formal
through intergovernmental or other international organisations,
sessions and perform the functions that are required to carry
or through other food assistance partners, but not through
out the provisions of this Convention in accordance with the
other Parties.
principles and objectives of the Convention.

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3. The Committee shall adopt rules governing its (d) to submit the draft agenda to the Committee for adoption
proceedings; it may also adopt rules elaborating further the
at the beginning of each formal session or informal
provisions of this Convention to ensure that they are properly
meeting;
implemented. Document FAC(11/12)1, 25 April 2012, of the
Food Aid Committee of the Food Aid Convention 1999, shall
serve as the initial Rules of Procedure and Implementation for
this Convention. The Committee may subsequently decide to
(e) to direct discussions and ensure that the procedures
modify those Rules of Procedure and Implementation.
specified in the Rules of Procedure and Implementation
are observed;
4. The
Committee
shall
make
decisions
by
consensus,
meaning that no Party formally opposes the proposed
(f) to invite the Parties to speak;
decision of the Committee on a matter under discussion at a
formal session. Formal opposition may occur either at the
formal session or within 30 days after the circulation of the
(g) to rule on points of order in accordance with the relevant
minutes of a formal session recording the proposed decisions
Rules of Procedure and Implementation; and
concerned.
(h) to ask questions and announce decisions.
5. For
each
year,
the
Secretariat
shall
prepare
a
summary
report for the Committee, to be drafted, adopted and published,
in accordance with the Rules of Procedure and Implementation.
3. If the Chairperson is absent from all or part of a formal
session or an informal meeting, or is temporarily unable to fill
the office of Chairperson, the Vice-Chairperson shall act as
6. The
Committee
should
provide
a
forum
for
discussion Chairperson. In the absence of the Chairperson and the Vice-
among the Parties with respect to food assistance matters,
Chairperson, the Committee shall appoint a temporary Chair
such as the need to mobilise appropriate and timely resource
person.
commitments to address the food and nutritional needs,
especially in specific emergency and crisis situations. It should
facilitate information-sharing with and dissemination to other
4. If, for any reason, the Chairperson is unable to continue
stakeholders, and should consult with and receive information
to fill the office of Chairperson, the Vice-Chairperson shall
from them to support its discussions.
become Chairperson until the end of the year.
7. Each
Party
shall
designate
a
representative
to
receive
Article 9
notices and other communications from the Secretariat.
Formal sessions and informal meetings
1. The
Committee
shall
hold
formal
sessions
and
informal
meetings according to the Rules of Procedure and Implemen
Article 8
tation.
Chairperson and Vice-Chairperson of the Committee
1. At
the
last
formal
session
held
in
each
year,
the
Committee shall decide on a Chairperson and a Vice-Chair
2. The
Committee
shall
hold
at
least
one
formal
session
a
person for the following year.
year.
2. The
Chairperson
shall
have
the
following
duties:
3. The
Committee
shall
hold
additional
formal
sessions
and
informal meetings at the request of the Chairperson or at the
request of at least three of the Parties.
(a) to approve the draft agenda for each formal session or
informal meeting;
4. The
Committee
may
invite
observers
and
relevant
stake
holders who wish to discuss particular food assistance related
matters to attend its formal sessions or informal meetings in
accordance with the Rules of Procedure and Implementation.
(b) to preside at formal sessions or informal meetings;
5. The
Committee
shall
meet
at
a
location
determined
in
(c) to open and close each formal session or informal meeting;
accordance with the Rules of Procedure and Implementation.

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6. The agenda for formal sessions and informal meetings
Headquarters in New York from 11 June 2012 until
shall be developed in accordance with the Rules of Procedure
31 December 2012. This Convention shall be subject to ratifi
and Implementation.
cation, acceptance or approval by each Signatory. Instruments
of ratification, acceptance or approval shall be deposited with
the Depositary.
7. The
minutes
of
a
formal
session,
which
shall
include
any
proposed decisions of the Committee, shall be circulated within
30 days after the formal session.
Article 13
Accession
1. Any
State
listed
in
Article
12
that
has
not
signed
this
Convention by the end of the signature period, or the
Article 10
European Union if it has not signed by that time, may accede
to it at any time after that period. Instruments of accession shall
Secretariat
be deposited with the Depositary.
1. The
Committee
shall
designate
a
Secretariat
and
request
its
services, in accordance with the Rules of Procedure and Imple
mentation. The Committee shall request of the International
Grains Council (IGC) that its Secretariat act as the initial Secre
tariat of the Committee.
2. Once this Convention has entered into force in
accordance with Article 15, it shall be open for accession by
any State other than those referred to in Article 12 or by a
separate customs territory possessing full autonomy in the
conduct of its external commercial relations that is deemed
2. The Secretariat shall perform the duties that are set out in
eligible by a decision of the Committee. Instruments of
this Convention and the Rules of Procedure and Implemen
accession shall be deposited with the Depositary.
tation, perform any administrative duties, including the
processing and distribution of documents and reports, and
carry out other functions identified by the Committee.
Article 14
Notification of provisional application
Article 11
Any State referred to in Article 12, or the European Union, that
intends to ratify, accept, or approve this Convention or accede
Resolution of disputes
thereto, or any State or separate customs territory deemed
The Committee shall seek to resolve any dispute among the
eligible under Article 13(2) for accession by a decision of the
Parties concerning the interpretation or implementation of
Committee but has not yet deposited its instrument, may at any
this Convention or the Rules of Procedure and Implementation,
time deposit a notification of provisional application of this
including any claim of failure to perform the obligations set out
Convention with the Depositary. The Convention shall apply
in this Convention.
provisionally for that State, separate customs territory, or the
European Union from the date of deposit of its notification.
Article 12
Article 15
Signature and ratification, acceptance, or approval
Entry into force
This Convention shall be open for signature by Argentina,
Australia, the Republic of Austria, the Kingdom of Belgium,
1. This
Convention
shall
enter
into
force
on
1
January
2013
the Republic of Bulgaria, Canada, the Republic of Croatia, the
if by 30 November 2012 five Signatories have deposited
Republic of Cyprus, the Czech Republic, the Kingdom of
instruments of ratification, acceptance, or approval.
Denmark, the European Union, the Republic of Estonia, the
Republic of Finland, the French Republic, the Federal Republic
of Germany, the Hellenic Republic, Hungary, Ireland, the Italian
Republic, Japan, the Republic of Latvia, the Republic of
Lithuania, the Grand Duchy of Luxembourg, the Republic of
2. If
this
Convention
does
not
enter
into
force
in
accordance
Malta, the Kingdom of the Netherlands, the Kingdom of
with paragraph 1, the Signatories to this Convention that have
Norway, the Republic of Poland, the Portuguese Republic,
deposited instruments of ratification, acceptance, or approval
Romania, the Slovak Republic, the Republic of Slovenia, the
and States or the European Union that have deposited
Kingdom of Spain, the Kingdom of Sweden, the Swiss Confed
instruments of accession pursuant to Article 13(1) may decide
eration, the United Kingdom of Great Britain and Northern
by unanimous consent that it shall enter into force among
Ireland, and the United States of America, at United Nations
themselves.

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3. For any State or separate customs territory, or the
Article 17
European Union, that ratifies, accepts, approves, or accedes to
the Convention after the Convention enters into force, this
Withdrawal and termination
Convention shall enter into force on the date of the deposit
1. Any
Party
may
withdraw
from
this
Convention
at
the
end
of its instrument of ratification, approval, acceptance, or
of any year by giving written notice of withdrawal to the
accession.
Depositary and the Committee at least 90 days prior to the
end of that year. That Party shall not be released from its
minimum annual commitment or reporting obligations
incurred under this Convention, while it was a Party, that
Article 16
have not been discharged by the end of that year.
Assessment and amendment procedure
2. At
any
time
after
the
entry
into
force
of
this
Convention,
1. At
any
time
after
the
entry
into
force
of
this
Convention, a Party may propose the termination of this Convention. Such a
a Party may propose an assessment of the relevance of this
proposal shall be communicated in writing to the Secretariat
Convention or propose amendments to it. Any proposed
and shall be circulated by it to all of the Parties at least six
amendments shall be circulated by the Secretariat to all of the
months in advance of its consideration by the Committee.
Parties at least six months in advance and discussed at the next
formal session of the Committee following the end of the notice
period.
Article 18
Depositary
1. The Secretary-General of the United Nations is designated
2. Proposals
for
amendment
to
this
Convention
shall
be as the Depositary of this Convention.
adopted by decision of the Committee. The Secretariat shall
communicate to all of the Parties, and to the Depositary, any
proposals for amendment adopted by the Committee. The
2. The
Depositary
shall
receive
notice
of
any
signature,
rati
Depositary shall circulate any adopted amendment to all Parties.
fication, acceptance, approval, notification of provisional appli
cation of, and accession to, this Convention, and notify all
Parties and Signatories of these notices.
3. Notification of acceptance of an amendment shall be sent
Article 19
to the Depositary. An adopted amendment shall enter into force
for those Parties having sent that notification, 90 days after the
Authentic texts
date on which the Depositary has received such notifications
The originals of this Convention, of which the English and
from not less than four fifths of the number of Parties to this
French texts are equally authentic, shall be deposited with the
Convention on the date of adoption of the proposed
Secretary-General of the United Nations.
amendment by the Committee. Such an amendment shall
enter into force for any other Party 90 days after that Party
deposits its notification with the Depositary. The Committee
may decide that a different threshold be used for the number
IN WITNESS THEREOF the undersigned, being duly authorised,
of notifications required to trigger the entry into force of a
have signed this Convention.
specific amendment. The Secretariat shall communicate such a
decision to all Parties and the Depositary.
Done at London, 25 April 2012.

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