CELEX: 31970R0728
Language: en
Date: 1970-04-21 00:00:00
Title: Regulation (EEC) No 728/70 of the Council of 21 April 1970 on additional provisions for the financing of the common agricultural policy

214                                  Official Journal of the European Communities
28.4.70                              Official Journal of the European Communities                            No L 94/9
                                 REGULATION (EEC) No 728/70 OF THE COUNCIL
                                                     of 21 April 1970
                      on additional provisions for the financing of the common agricultural policy
THE COUNCIL OF THE EUROPEAN COMMUNITIES, .                       Whereas, in order that from 1970 there may be
                                                                 transition to an accounting period that will coincide
Having regard to the Treaty establishing the                     with the budget year, provision should be made for a
European Economic Community, and in particular                   special accounting period for the second half of 1969,.
Articles 43 , 200 (3 ) and 209 thereof;                          the budgetary consequences of which, in particular
                                                                 those concerning credits available for the Guidance
                                                                 Section, must be specified;
Having regard to the proposal from the Commission;
                                                                 Whereas the provisions at present force do not lay
Having regard to the Opinion of the European                     down all the detailed rules concerning the financing
Parliament1 ;                                                    of the expenditure for the second half of 1969 ;
Having regard to the Opinion of the Economic and                 Whereas, because of delays in the decisions on
Social Committee2 ;                                              granting aid from the European Agricultural
                                                                 Guidance and Guarantee Fund, provision should be
Whereas the definitive arrangements provided for in              made for a supplementary interim payment for the
Article 2 (2) of Regulation No 253 on the financing of           1967/68 and 1968/69 accounting periods ;
the common agricultural policy will be applicable
from the entry into force of the Decision of 21 April
19704 on the replacement of financial contributions              HAS ADOPTED THIS REGULATION :
from Member States by the Communities' own
resources ;                                                                                  TITLE I
Whereas application of most of the provisions which                      Arrangements for the second half of 1969
have governed the financing of the common
agricultural policy was limited to the transitional
period, which expired on 31 December 1969 ; whereas                                         Article 1
the continuity of that financing should be ensured by
extending the period of application of those                     Article 4 ( 1 ) of the Financial Regulation5 on the
provisions until the definitive arrangements are                 European Agricultural Guidance and Guarantee Fund
applied and by adapting them so as to facilitate the             shall     be     supplemented        by the  following
transition to these arrangements ;                               subparagraph :
Whereas the scale for the financial contributions                     'The "second half of 1969" accounting period
from Member States to the expenditure of the                          shall extend from 1 July to 31 December 1969.'
European Agricultural Guidance and Guarantee Fund
must be adapted, account being taken of the                                                 Article 2
provisions applied during the transitional period and
of those concerning the Communities ' own resources ;
                                                                  1 . For the 'second half of 1969' accounting
                                                                 period, the following shall be taken into
                                                                  consideration for calculation of the financial
1 OJ No C 2, 8.1.1970, p . 25 .                                  contributions from Member States and the aid
2 OJ No C 12, 30.1.1970, p. 9.
3 OJ No 30, 20.4.1962, p. 991/62.
4 OJ No L 94, 28.4.1970, p. 19.                                      OJ No 34, 27.2.1964, p. 599/64.
 ---pagebreak---                                          Official Journal of the European Communities                                      215
   granted from the Guarantee Section of the European                   (a) before 31 July 1970, on an interim payment
   Agricultural Guidance and Guarantee Fund:                                 for aid from the Fund equal to 75% of the
                                                                             expenditure which can be taken into
  — expenditure by Member States and receipts within                         consideration for that period ;
        the meaning of Article 11 ( 1 ) and (2) of Council
        Regulation No 130/66/EEC1 of 26 July 1966 on                     (b) before 1 October 1971 , on aid from the Fund,
        the financing of the common agricultural policy;                     after consulting the Fund Committee.'
. — expenditure to be effected and receipts to be
      , collected for operations carried out before 1                                        Article 5
        January 1970, irrespective of the date of payment
        or collection .
                                                                    Article 5 (2) of Regulation No 25 shall be supplemen­
                                                                    ted by the following subparagraph :
  2.       betailed rules for the application of paragraph 1
  shall be adopted, where necessary, according to the                   'For the "second half of 1969" accounting period,
  procedure laid down in Article 26 of Council                          the contribution from the Fund to expenditure
  Regulation No 17/64/EEC2 of 5 February 1964 on                        eligible for aid under Article 3 ( 1 ) (d), determined
  the conditions for granting aid from the European                     in accordance with the first subparagraph, may
   Agricultural Guidance and Guarantee Fund.                            not exceed an amount of 142-5 million units of
                                                                         account.'
                              Article 3                                                     TITLE II
   1 . Article 9 (2) of Regulation No 17/64/EEC shall                                Arrangements for 1970
  be supplemented by the following:
                                                                                            Article 6
        '2a.      For the "second half of 1969 " accounting
        period Member States shall submit to the                    Article 4 ( 1 ) of the Financial Regulation on the
        Commission :                                                European Agricultural Guidance and Guarantee Fund
                                                                    shall be supplemented by the following
         (a) before 1 June 1970, an application for an              subparagraph:
              interim payment in respect of expenditure
              incurred during that accounting period and                'The 1970 accounting period shall coincide with
              eligible for aid from the Guarantee Section of            the calendar year.'
              the Fund;
        (b) before 1 December 1970, an application for                                      Article 7
             reimbursement of the expenditure incurred
              during that accounting period and eligible for
              aid from the Guarantee Section of the Fund.'          The expenditure of the Guarantee and the Guidance
                                                                    Sections of the European Agricultural Guidance and
                                                                    Guarantee Fund for the 1970 accounting period shall
  2.       In paragraphs 3 and 3a of that Article the words
                                                                    be covered by financial contributions from Member
  'and in paragraph 2a' shall be added after the words
  'in paragraph 2'.
                                                                    States, calculated according to the following scale:
                                                                                 Belgium                      8-25
                                                                                 Germany                    31-70
                              Article 4
                                                                                 France                     28-00
  Article 10 (5 ) of Regulation No 17/64/EEC shall be                            Italy                      21-50
  supplemented by the following:
                                                                                 Luxembourg                   0-20
        '5a. For the "second half of 1969 " accounting                           Netherlands                10-35
       period the Commission shall decide, on the basis
        of the applications provided for in Article 9 (2a) :
                                                                                            Article 8
                                                                    1 . For the 1970 accounting period, expenditure by
  1 OJ No 165, 21.9.1966, p. 2965/66.                               Member States for operations carried out between 1
  2 OJ No 34, 27.2.1964, p. 586/64.                                 January and 31 December 1970 shall for purposes of
 ---pagebreak--- 216                                    Official Journal of the European Communities
aid from the Guarantee Section of the European                    before 31 December 1969 in view of the decisions on
Agricultural Guidance and Guarantee Fund be taken                 interim payments provided for in Article 10 (4) ( a)
into consideration irrespective of the date of                    and (5 ) ( a) of Regulation No 17/64/EEC, the
payment.                                                          Commission shall decide, before 15 October ll970
                                                                  and after consulting the Committee for the European
2. Detailed rules for the application of paragraph 1              Agricultural Guidance and Guarantee Fund, on an
shall be adopted, where necessary, according to the               additional interim payment calculated in such a way
procedure laid down in Article 26 of Regulation No                that the interim payments for expenditure which can
17/64/EEC .                                                       be taken into consideration by the Guarantee Section
                                                                  of the European Agricultural Guidance and
                                                                  Guarantee        Fund for  the   1967/68   and   1968 /69
                           Article 9                              accounting periods reach a total of 90% .
                                                                                                                      «
Article 9 (2) of Regulation No 17/64/EEC shall be                                         Article 12
supplemented by the following :
     '2b .     For the 1970 accounting period Member              The first subparagraph of Article 4 ( 1 ) of the
     States shall submit to the Commission :                      Financial Regulation on the European Agricultural
                                                                  Guidance and Guarantee Fund shall be supplemented
     ( a) before 1 October 1970, an application for an            by the following :
           interim payment in respect of expenditure
           eligible for aid from the Guarantee Section of              'For the "second half of 1969 " and the 1970
           the Fund for the first half of the year ;                   accounting periods :
     (b) before 1 April 1971 , an application for an                   — the credits in respect of expenditure eligible
           interim payment in respect of expenditure                        for aid under the Guarantee Section shall be
           eligible for aid from the Guarantee Section of                   entered in the budget for the 1970 financial
           the Fund for the second half of the year ;                       year ;
     (c) before 1 August 1971, an application for                      — the credits for the. Guidance Section shall be
           reimbursement of expenditure eligible for aid                    entered in the budget for the 1971 financial
           from the Guarantee Section of the Fund for                       vear .'
           the whole of the accounting period.'
                                                                                         Article 13
                           Article 10
                                                                  In Article 10 ( 6) of Regulation No 17/64/EEC the
Article 10 (5 ) of Regulation 17/64/EEC shall be                   words 'of paragraph 4 (a), 5 (a), 5a ( a) or 5b ( a)'
supplemented by the following:                                     shall be substituted for the words 'of paragraph 4 ( a)
                                                                   or 5 ( a ).'
     '5b . For the 1970 accounting period the
     Commission shall decide, on the basis of the
   . applications provided for in Article 9 (2b) :                                       Article 14
                                                                                                     o
     (a) before 15 December 1970 and 30 June 1971 ,               Articles 3 to 8 of Regulation No 25 , Regulations No
           on an interim payment of aid from the Fund              17/64/EEC and No . 130/66/EEC, the Financial
           equal to 75% of the expenditure which can               Regulation on the European Agricultural Guidance
           be taken into consideration for the first half
                                                                   and Guarantee Fund and the provisions adopted for
           and the second half respectively of that                their application shall continue to apply to the
            accounting period ;                                    financing of the common agricultural policy for the
      (b) before 30 June 1972, on aid from the Fund,               last accounting period covered by this Regulation
            after consulting the Fund Committee.'                  and for the preceding accounting periods .
                                                                                           Article IS
                           TITLE III
                                                                   1 . If the Decision of 21 April 1970 on the
                      General provisions                           replacement of financial contributions from Member
                                                                   States by the Communities' own resources has not
                           Article 1 1                             entered into force by 1 January 1971 , the scale laid
                                                                   down in Article 7 shall remain in force and all the •
 On the basis of applications from Member States for               provisions referred to in Article 14 shall continue to
 interim payments, submitted to the Commission                      apply until the entry into force of the Decision.
 ---pagebreak---                                    Official Journal of the European Communities                                217
2. In that event the Council acting by a qualified                                 Article 16
majority on a proposal from the Commission and
taking the provisions of Articles 6, 8, 9, 10 and 12 as
a basis, shall decide on the procedure for financing
the common agricultural policy which shall apply              This Regulation shall enter into force on the third
until the entry into force of the Decision referred to        day following its publication in the Official Journal
in paragraph 1 .                                              of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 21 April 1970.
                                                                                  For the Council
                                                                                   The President
                                                                                    P. HARMEL