A/HRC/9/23 page 18 in their import policies, to discriminate in favour of countries whose production of agrofuels complies with the guidelines, while excluding imports from other, non-compliant States. For reasons of legal certainty, a waiver may be sought from the General Council of the World Trade Organization, in order to ensure the compatibility of such a scheme with the non-discrimination principles of articles I, XI and XIII of the General Agreement on Tariffs and Trade. 33. As a second element of a new international consensus on agrofuels, a permanent forum should be established at the international level, in order to both ensure the impartial and objective monitoring of compliance with the guidelines and constitute a platform for the exchange of best practices in their implementation. Such a forum should have sufficient expertise in the human rights issues raised by the production of agrofuels. It should also have the resources to evaluate the potential impact of certain investment decisions on the prices of food commodities, both at the international and the national levels and thus to provide assessments guiding States in the implementation of the guidelines. 34. Consideration should also be given to the possibility of allocating quotas to countries for the production of agrofuels. Such an allocation should take into account the energy balance of each form of production and the impact on the price of agricultural commodities on international markets. But it should also include consideration of the risks of distorted development in producing countries, working in favour of crop-growers producing feed for fuel but at the same time threatening the access to land and water of other producers, particularly small-holders producing crops for domestic consumption, and inflating the prices of food on local markets. B. The obligation to protect the right to adequate food by controlling private actors 35. There exists an obligation of all States to protect the right to food effectively by regulating the activities of companies at all levels of the system of production and distribution of food, consistent with article 11 of the International Covenant on Economic, Social and Cultural Rights37 and with the FAO Right to food Guidelines.38 The Human Rights Council has requested private actors “to take fully into account the need to promote the effective realization of the right to food for all”.39 But, as noted by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises in his most recent report to the Council, the role of States in ensuring that they comply with their human rights obligations remains crucial.40 37 General comment No. 12, para. 19 (referring to the failure by States to regulate activities of individuals or groups so as to prevent them from violating the right to food of others as an instance of the violation of the right to food). 38 See para. 4.3. of the Guidelines. 39 See Human Rights Council Resolution 7/1, 27 March 2008, para. 13. 40 See A/HRC/8/5 (7 April 2008), paras. 27-50.