INTERNATIONAL PROJECT : FOOD SECURITY AND MARKET In partnership with the University of Washington and the University of Macerata Under the direction of Mrs DEL CONT Claire BARRAU Jil MORIN Kharis OLONAMUNGU MIHIGO Loëzic SERPETTE Master 2 Droit du Marché 2016 - 2017

General presentation of our Master degree : Market law Common courses : competition law, European consumer law, market law... Competition and consumption law specialization Restrictives practices States aids Procedural competition law International market law … Food law specialization European food law Product law (labeling) CAP (Common Agricultural Policy) Competition rules and agricultural market …

PERSONAL PRESENTATION Academic background : Bachelor Master Work experience Internship Professional project

WORK METHOD Individual and general research Brainstorming General orientation and problematic choice: Content decision Sources : legal documents, manuals, reports, doctrinal Difficulties : Triage of informations Delimited of the subject Lack of sources

JUSTIFICATION OF OUR PROBLEMATIC CHOICE Degree specialization Documentary researches European and international market law studies A lot of informations, programs, actions from European Union

THE TWO MAINS THEMATICS TITLE 1 : The action by European Union in the field of food law → Intra community policy and international policy TITLE 2 : International action on food aid → Link between international trade and food aid

WHAT IS THE ROLE AND THE IMPACT OF EU POLICY ON SAFETY FOOD ?

CONTENT TITLE 1: THE ACTION BY EUROPEAN UNION IN THE FIELD OF FOOD LAW CHAPITRE 1 : Food security in the European Union I- FEAD (Fund for European Aid to the Most Deprived) II- Application by the Members States CHAPITRE 2 : EU contribution to world food security I- Development cooperation policy II- Food aid TITLE 2 : INTERNATIONAL ACTION ON FOOD AID CHAPITRE 1 : International policy I- International trade and food aid II- Action in United Nation in food aid CHAPITRE 2 : The challenges of tomorrow I- Potential prospect of improving II- Improvements within the European Union

TITLE 1 : THE ACTION BY EUROPEAN UNION IN THE FIELD OF FOOD AID

Chapter 1 : Food security in the European Union

Understanding of the European Food Aid System FEAD PEAD Establishment of FEAD in 2014 FEAD contributes to the objective of the Europe 2020 strategy € 3.8 billion program for the period 2014-2020 It is helping 18 million people Foodstuffs are given free of charge It’s financed at 15% by the States themselves, while the remaining 85% will be financed by the Community level Established in 1987 at EU level Goals : Provide assistance to the most deprived persons Reduce intervention stocks resulting from the CAP Decrease in agricultural stocks The European Commission grants an envelope to the States to allow the direct purchase of foodstuffs. Crisis: the opposition from some of Member States CJEU in 2011 : Distortion of the program the questioning of food aid

France has chosen to devote this envelope exclusively to food aid Member States must submit to the Commission an Operational Program (OP) I and / or an OP II 499 million euros were reserved for France for the period 2014-2020. This amount is supplemented, to contribution of 15% by national credits France has chosen to devote this envelope exclusively to food aid EU food aid represents 28% of the total volume of food distributed on the national territory by the partner organizations Partnership with : the French Red Cross the French Federation of Food Banks the Restaurants du cœur the Secours populaire

Chapter 2 : UE contribution to world food security

Development & cooperation Development and humanitarian aid policies : low-incomes and least developed countries Development & cooperation Humanitarian aid Aim : eradicate poverty €6 billion/ year (+ €45 billon from Members States) Link : UN’s 8 Millennium Development Goals Major place : eradicating extreme poverty and hunger European Development Fund The European Commission’s Humanitarian Aid and Civil Protection department (ECHO) 40% food and nutrition

TITLE 2 : INTERNATIONAL ACTION ON FOOD AID

Chapter 1 : International policy

Trade and food aid International trade law regulates competition from distortion Three general principle: art 9 and 10 (Agreement on Agriculture) aid not linked directly nor indirectly to exports transactions respects FAO principles aid should be in form of grants or in favorable terms

Concepts of food aids Humanitarian food aid Tool for market regulation principle; dissociation of aid from the management of agricultural surplus triangular transaction No direct aid transfer depends on the real need of beneficiaries Tool for market regulation aid directly linked on production surplus objective: to reduce stocks and limit price pressure direct aid transfer and export credit

Disagreement in the WTO Intellectual property rights Little litigation USA and EU (reduce exports credit; reduce export subsidies Nigeria and Japan Limits long and expensive process at DSB no interest for some countries MOs and risk of contamination dependance of the beneficiary countries Preferential agreement EU and ACP: triangular transaction strategies : food security policies, funds for research in agriculture

International agreement in matter UN action in food aid International agreements Resolution of general assembly: 3348 (XXIX) FAO principles on disposal of surplus code of conduct for donors consultative subcommittee on surplus disposal (CSSD) London agreement: food aid convention (1999) depend on real need of receiver not limited on cereal triangular transaction International grains agreements frame for international cooperation special transaction (art 5.2) favorables conditions art 6

Chapter 2 : The challenges of tomorrow

At the international level What are the challenges? The facts : the increase in ocean volume + the increasing urbanisation result in the amount of land available which is reduced. At the same time the world’s population is constantly increasing → We will have to feed 9 billion persons from now to 2050 But is this achievable ? The answer is Yes! We have to make better use of our resources because: there are untapped cultivable land (in Central Africa and South America); intensive farming has its limitations; we waste a lot of foodstuffs The international proposed solutions: The United Nations Millennium Declaration in 2000 : 8 Millennium Development Goals must be achieved for the year 2015. 2016: Sustainable Development Program for 2030 → 17 goals to achieve, including reduce extreme poverty and hunger in the world. How to do that ? The concrete proposal for sustainable farming It’s a production system environmentally friendly The FAO called for a better coordination between forestry and agriculture because the forest has a crucial role to play in sustainable agriculture

At the European Union level To effectively coordinate policy instruments The European Commission should accentuate cooperation with actors and partners of food safety. For instance : to assist in the implementation of the rural development policy in the member of the EU in the context of the common agricultural policy (CAP). Plus, the EU has to make effective use of current policies, for example policies against food waste. It is necessary to : draw up a clear plan of action for the years to come by giving a precise definition of food waste; harmonize the different types of policies; identify legals barriers of food donation and encourage this initiative To reinforce the differents strategies to improve the development of sustainable agriculture. For example, to inform small farmers in a targeted manner to make progress to accentuate the fight against malnutrition considering all other factors that influence on it like poverty, low incomes, access to education, to drinking water, to care… The actions to undertake specifically inside the EU: to facilitate the free trade in all the members of the EU to provide an information on food products and on animal welfare for consumers → we must be able to trace the source of foodstuffs

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