OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 6 Year No. 49 ADDIS ABABA - 6 September , 2000 CONTENTS Council of Ministers Regulations No. 67/2000 Emergency Food Security Reserve Administration Establishment Council of Ministers Regulations Page 1392 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 Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Disaster Prevention and Preparedness Commission Establish ment Proclamation No. 10/1995 . PART ONE General 1. Short Title These Regulations may be cited as the “ Emergency Food Security Reserve Administration Establishment Council of Ministers Regulations No. 67/2000 . ” ' 2. Definitions In these Regulations : 1 ) “ Commission ” or “ Commissioner ” means Disaster Prevention and Preparedness Commission or Disas ter Prevention and Preparedness Commissioner , respectively ; Unit Price The African Law Archive 2 ) “ Emergency Food Shortage ” means crop failure or mass death of livestock and the occurrence of widespread acute food shortage , that can not 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 the 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 Food 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 . PART TWO The Emergency Reserve 3. Objective of the Reserve The Reserve shall have the following objectives : 1 ) The objective 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 Or ganizations engaged in relief activities until ad ditional 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 on 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 build up 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 utencils , water storage equipment , search and rescue equipment , relief workers supplies , and other similar materials . The quantity of the items to be held from each type shall be decided by the Commission upon a study . The African Law Archive 6. Ownership of the Reserve Ownership of the Reserve is vested in the Federal Government . PART THREE Establishment of the Emergency Food Security Reserve Administration Establishment 1 ) Emergency Food Security Reserve Administration ( hereinafter referred to as the “ Administration ” ) is hereby established under these Regulations . 2 ) The Administration shall be accountable to the Commission . 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 . 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 , pur chase from domestic or external sources when deemed necessary ; 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 ; own property , enter into contracts , sue and be sued in its own name ; and 10 ) perform other related activities to meet the objec tives of the Administration . The Administration shall have : 1 ) An Emergency Food Security Reserve Board ( hereinafter referred to as the “ ' Board ' ' ) ; an Emergency Food Security Reserve Technical Committee ( hereinafter referred to as the “ Tech nical Committee ' ' ) ; 3 ) a Manager to be appointed by the Government upon the recommendation of the Commissioner ; 4 ) the necessary organizational structure and man power . The African Law Archive Members of the Board The Board shall be chaired by the Commissioner and shall have members to be designated by the Govern ment from appropriate Goverment institutions . 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 ; 7 ) issue directives related to the above mentioned subjects . 13. Meetings of the Board 1 ) The Board shall have at least one regular meeting every three months ; provided , however , that the Board may convene urgent meetings at any time . 2 ) The Board's regular meetings shall be called by the chairman of the Board , while urgent and extraor dinary 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 govern ment 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 requests , submitted to the admin sitration , to meet emergency food shortages and forward its recommendations to the decision of the oard 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 ; The African Law Archive 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 Ad ministration ; 8 ) study and forward recommendations to the de cision of the Board to establish and improve procedures for the release / usage , and replenish ment of non - food relief items released from the Reserve for use , through the Administration ; 9 ) proivde " advise to the Administration on other technical issues on its own initiative or when requested by the Administ tion . 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 Ad ministration 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 pro gramme / 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 ; The African Law Archive 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 returned on time ; and represent the Administration in all its dealings with third parties ; and ( 1 ) may delegate part of his powers and duties to the officials and employees of the Administration to the extent necessary for the efficient management of the Adminis tration . 18. Sources 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 : Books of accounts and Auditing 1 ) The administration shall keep complete and ac books accounts with supporting documents . 2 ) The Administration's books of accounts and finan cial 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 . PART FOUR Miscellaneous Provisions 20. Inapplicable Regulations and Directives No Regulations and Directives inconsistent with these Regulations shall have effect with respect to matters provided for in these Regulations 21. Effective Date These Regulations shall come into force on the date of Done at Addis Ababa , this 6th day of September , 2000 . PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive