{
  "url": "https://openlegislation.uk/eu-decision-2020-2026/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2020-2026/introduction.json",
  "legislation": "eudn/2020/2026",
  "legislation_title": "Council Decision (EU) 2020/2026 of 4 December 2020 on the position to be taken on behalf of the European Union within the General Council of the World Trade Organization as regards the adoption of a decision exempting certain purchases of foodstuffs from application of export prohibitions or restrictions",
  "legislation_url": "https://openlegislation.uk/eu-decision-2020-2026",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision (EU) 2020/2026\nof 4 December 2020\non the position to be taken on behalf of the European Union within the General Council of the World Trade Organization as regards the adoption of a decision exempting certain purchases of foodstuffs from application of export prohibitions or restrictions\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,\nHaving regard to the proposal from the European Commission,\nWhereas:\n(1)\nThe Marrakesh Agreement establishing the World Trade Organization of 1994 (the ‘WTO Agreement’) was concluded by the Union by means of Council Decision 94/800/EC on 22 December 1994 and entered into force on 1 January 1995.\n(2)\nPursuant to paragraph 1 of Article IV of the WTO Agreement, the Ministerial Conference of the WTO has the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member.\n(3)\nPursuant to paragraph 2 of Article IV of the WTO Agreement, the functions of the Ministerial Conference are to be conducted by the General Council of the WTO in the intervals between meetings of the Ministerial Conference.\n(4)\nPursuant to paragraph 1 of Article IX of the WTO Agreement, the WTO continues, where possible, the practice of decision-making by consensus.\n(5)\nThe General Council of the WTO, at its meeting in December 2020, or at a subsequent meeting in 2021, may be requested to consider and adopt a proposal aimed at exempting foodstuffs purchased for non-commercial humanitarian purposes by the United Nations (UN) World Food Programme from export prohibitions and restrictions.\n(6)\nParagraph 2(a) of Article XI of the General Agreement on Tariffs and Trade 1947 (GATT 1947) permits WTO Members to apply export prohibitions or restrictions temporarily, under specific circumstances, to prevent or relieve critical shortages of foodstuffs or other products essential to them. Article 12 of the WTO Agreement on Agriculture, which belongs to the GATT 1994, specifies additional conditions to be observed by WTO Members in such cases. During the COVID-19 pandemic, WTO Members have resorted to such restrictive measures, which can also affect foodstuffs purchased for non-commercial humanitarian purposes.\n(7)\nHumanitarian purchases by the UN World Food Programme should be exempted from export prohibitions and restrictions in view of the critical need for humanitarian support provided by the UN World Food Programme, which has become even more crucial during the COVID-19 pandemic.\n(8)\nIt is appropriate to establish the position to be taken on behalf of the Union at the relevant future meeting of the General Council of the WTO as regards the adoption of a decision on a proposal aimed at exempting foodstuffs purchased for non-commercial humanitarian purposes by the UN World Food Programme from export prohibitions and restrictions, as such a decision would be binding on the Union,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2020/2026/introduction",
    "retrieved_at": "2026-11-01T15:12:03.227828+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}