FEDERAL NEGARIT GAZETA OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 6th Year No. 49 Addis Ababa – 24th Sept. 1999
COUNCIL OF MINISTERS REGULATION NO. 67/1999 COUNCIL OF MINISTERS REGULATIONS TO ESTABLISH AN EMERGENCY FOOD SECURITY RESERVE ADMINISTRATION
These Regulations are issued by the Council of Ministers pursuant to Article 5 of the Definitions of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and Article 6(3) of the Disaster Prevention and Preparedness Commission Establishment Proclamation No.10/1995.
1. Short Title
This Regulations may be cited as the “Emergency Food Security Reserve Administration Establishment Council of Ministers Regulations No. 67/2000”.
In these Regulations:
1. “Commission” or “Commissioner” means Disaster prevention and Preparedness Commission or Disaster Prevention and Preparedness Commissioner, respectively;
2. “Emergency Food Shortage” means crop failure or mass death of livestock and the occurrence of widespread acute food shortage, that cannot be overcome through the normal food supply procedures and that leads to extensive famine and dislocation of the community caused by drought, flood, earthquake and land slide, crop pests or crop diseases or man-made disasters like war, as he case may be;
3. “Slow-onset-disasters” means disasters caused by drought, crop pests, and diseases, etc. which can be forecasted earlier and give adequate time for preparedness;
4. “Fast-onset-disasters” means disasters caused by flood, earthquake, land sliding, etc. which do not give adequate time for preparedness;
5. “Non-Food Relief items” means search and rescue equipment, shelter material, feeding and house-hold utensil, water storage equipment, relief workers supplies and other logistical items that enable to prevent and mitigate damages caused by fast-onset-disasters;
6. “Reserve” means Emergency Good and Non-Food Relief Items Reserve to be maintained to meet emergency food shortages and to prevent and mitigate damages caused by fast-onset or slow-onset-disasters.
THE EMERGENCY RESERVE
3. Objective of the Reserve
The Reserve shall have the following objectives:
1. The objectives of the Emergency Food Reserve is to provide adequate capacity to prevent disasters at the occurrence of slow and fast-onset-disasters, through loan provision, to the Commission and Organizations engaged in relief activities until additional relief food can be mobilized through other mechanisms; and
2. The objective of the Non-Food Relief Items Reserve is to provide adequate capacity to prevent disasters at the occurrence of fast-onset-disasters, through loan provision or provision of returnable basis, to the Commission and Organizations engaged in relief activities until additional non-food relief items can be mobilized through other mechanisms.
4. Source of the Reserve
The source of the Reserve shall be:
1. From Government support for the buildup of the Reserve; and
2. From donations.
5. Reserve Type and Size
1. The major types of food to be held in the Reserve shall be wheat, maize, sorghum and others as deemed necessary with the size of the Reserve to be decided by the Government.
2. The types of non-food relief items to be held in the Reserve shall be shelter materials, feeding kits and household utensils, water storage equipment, search and rescue equipments, relief workers suppliers, and other similar materials. The quantity of the items to be held from each type shall be decided by the Commission upon a study.
6. Ownership of the Reserve
Ownership of the Reserve is vested in the Federal Government.
ESTABLISHMENT OF THE EMERGENCY FOOD SECURITY RESERVE ADMINISTRATION
1. Emergency Food Security Reserve Administration (hereinafter referred to as the “Administration”) hereby established under these Regulations.
2. The Administration shall be accountable to the Commission.
8. Head Office
The Administration shall have its head office in Addis Ababa and may establish ware houses and branch warehouse Administration offices in strategic locations which are found to be appropriate for Reserve holding.
9. Powers and Duties of the Administration
The Administration shall have the following powers and duties:
1. Administer the Reserve;
2. Obtain and receive the necessary food and non-food relief items for the Reserve from donations, purchase from domestic or external sources when deemed necessary;
3. Store the food and non-food relief items obtained through donations or purchases;
4. Release food from the reserve on loan to meet emergency food shortage as per the directives to be issued by the Emergency Food Security Reserve Board;
5. Hold the necessary pesticides and chemicals required to prevent the food Reserve from pest attack, rotate grain stocks which stay in storage for a long period of time, and organize laboratory facilities on the food Reserve;
6. Undertake quality control activities on the food which enters into the Reserve and released from the Reserve and prevent food and non-food relief items which do not meet their quality standards from entering into the Reserve;
7. Avail non-food relief items for use, from the Reserve, in the form of loan or returnable basis as per the directive to be issued by the Emergency Food Security Reserve Board;
8. Construct and rent warehouses and storage facilities;
9. Own property, enter into contracts, sue and be sued in its own name; and
10. Perform other related activities to meet the objectives of the Administration.
10. Organization of the Administration
The Administration shall have:
1. An Emergency Food Security Reserve Board (hereinafter referred to as the “Board”);
2. An Emergency Food Security Reserve Technical Committee (hereinafter referred to as the “Technical Committee”);
3. A Manager to be appointed by the Government upon the recommendation of the Commissioner; and
4. The necessary organizational structure and manpower.
11. Members of the Board
The Board shall be chaired by the Commissioner and shall have members to be designed by the Government from appropriate Government Institutions.
12. Powers and Duties of the Board
The Board shall have the following powers and duties:
1. Generate and recommend policy ideas related to the Reserve for approval of the Government, and follow-up their implementation upon approval;
2. Decide on issues related to the build-up and safe maintenance of the Reserve;
3. Decide the provision of food and non-food relief items from the Reserve on loan or returnable basis;
4. Assure that the food and non-food relief items provided on loan or returnable basis from time to time are returned back timely;
5. Decide the minimum level of stock that should be available in the Reserve at any time from the stock maintained by the Administration;
6. Decide the release of food and non-food relief items on loan or returnable basis from the minimum level of stock that should be available all the time in the Reserve when it is found necessary; and
7. Issue directives related to the above mentioned subjects.
13. Meetings of the Board
1. The Board shall have the following powers and duties:
2. The Board’s regular meetings shall be called by the chairman of the Board, while urgent and extraordinary meetings may be convened at the request of the Board chairman or two or more members of the Board.
3. There shall be a quorum where more than half of the members are present at a meeting of the Board.
4. Decisions of the Board shall be made by a majority vote and in case of a tie, the chairman shall have a casting vote.
5. The Board may draw up its own rules of procedure.
14. Members of the Technical Committee
The Technical Committee shall be chaired by the Manager of the Administration and shall have members to be designated by the Board from appropriate government Agencies, foreign donor organizations, and Non-Governmental Organizations.
15. Powers and Duties of the Technical Committee
The Technical Committee shall have the following powers and duties:
1. Review food loan request, submitted to the administration, to meet emergency food shortages and forward its recommendations to the decision of the Board through the Administration;
2. Advise the Administration on ways of building up of the Reserve;
3. Advise the Administration on the quantity of food to be given on loan from the Reserve, on ways of timely recovery of food provided on loan, and rotating food stocks which stay in storage for a long period of time;
4. Decide the provision of food from the Reserve on loan to meet emergency food shortage as per the directive to be issued by the Board;
5. Decide the provision of non-food relief items from the reserve on loan or returnable basis to withstand fast-onset-disasters as per the directive to be issued by the Board;
6. Advise the Administration on issues related to the management, handling, and usage of the non-food relief items;
7. Forward recommendations to the decision of the Board on the type, size, stock mix, and standards of non-food relief items Reserve, through the Administration;
8. Study and forward recommendations to the decision of the Board to establish and improve procedures for the release/usage, and replenishment of non-food relief items released from the Reserve for use, through the Administration;
9. Provide advise to the Administration on other technical issues on its own initiative or when requested by the Administration.
16. Meetings of the Technical Committee
1. The Technical Committee shall be convened at the call of the chairman.
2. Extraordinary meeting may be convened at the call of the Manager or upon the request of more than half of the Technical Committee members.
3. There shall be a quorum where more than half of the members are present at a meeting of the Technical Committee.
4. Decisions of the Technical Committee shall be made by a majority vote, and in case of a tie, the chairman shall have a casting vote.
17. Powers and duties of the Manager
The Manager shall have the following powers and duties:
1. The Manager shall be the Chief executive of the Administration and shall, subject to the general directives of the Board, direct and administer the activities of the Administration.
2. Without limiting the generality stated under sub Article (1) of this Article, the Manager shall:
a) Exercise the powers and duties of the Administration specified in Article 9 of these Regulations;
b) Organize the administration, employ and administer employees of the Administration in accordance with the rules and regulations of the Federal Civil Service;
c) Prepare the annual budget and work programme/plan of the Administration three months before the beginning of each budget year and submit, to the Government through the Commission upon the approval of the Board;
d) Effect expenditure in accordance with the approved budget and work plan of the Administration;
e) Select officials directly responsible to him and forward them for appointment to the Board;
f) Based on the directive to be issued by the Board, provide food on loan and non-food relief items on loan or returnable basis from the Reserve;
g) Upon the advice of the technical Committee, execute the maintenance of the grain quantity and mix that should be stored in each storage location;
h) Follow-up that the food and non-food relief items provided on loan or returnable basis from the Reserve are returnable on time; and
i) Represent the Administration in all its dealing with third parties; and
j) May delegated part of his powers and duties to the officials and employees of the Administration to the extent necessary for the efficient management of the Administration.
18. Source of Budget
The Administration’s budget shall be drawn from the following sources;
1. Annual budget allocated by the government; and
2. From other sources;
19. Books of Accounts and Auditing
1. The Administration shall keep complete and accurate books of accounts with supporting documents.
2. The Administration’s books of accounts and financial documents as well as the Reserve shall be audited at least once in a year by the Auditor General or by an auditor designated by him.
20. Inapplicable Regulations and Directives
No Regulations and Directives inconsistent with these Regulations shall have effect with respect to matter provided for in these Regulations.
21. Effective Date
These Regulations shall enter into force on the date of its publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 6th day of September, 2000.
PRIME MINISTERS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA