CELEX: 31970R1094
Language: en
Date: 1970-06-08 00:00:00
Title: Regulation (EEC) No 1094/70 of the Council of 8 June 1970 adopting general rules for the application of Articles 11 and 12 (1) of Regulation (EEC) No 1975/69 introducing a system of premiums for slaughtering cows and for withholding milk and milk products from the market

358                                 Official Journal of the European Communities
  12.6.70                             Official Journal of the European Communities                             No 128/3
                                 REGULATION (EEC) No 1094/70 OF THE COUNCIL
                                                      of 8 June 1970
                adopting general rules for the application of Articles 11 and 12 ( 1 ) of Regulation (EEC)
                No 1975/69 introducing a system of premiums for slaughtering cows and for with­
                                     holding milk and milk products from the market
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       HAS ADOPTED THIS REGULATION :
  Having regard to the Treaty establishing the                                           Article 1
  European Economic Community, and in particular
  Article 43 thereof;
  Having regard to Council Regulation ( EEC) No                  1 . Member States shall take the necessary
  805/68 1 of 27 June 1968 on the common organisation            measures, in accordance with national provisions
 of the market in beef and veal, as last amended by              imposed by law, regulation or administrative action,
 Regulation (EEC) No 2463/692 ;                                  to recover the sums paid where the undertakings
                                                                 referred to in Articles 2 ( a) and 6 of Regulation
                                                                  ( EEC) No 1975/69 have not been fulfilled .
 Having regard to Council Regulation (EEC) No
  1975 /693 of 6 October 1969 introducing a system of            Member States shall inform the Commission of the
 premiums for slaughtering cows and for withholding              measures taken to that end and in particular of the
 milk and milk products from the market, and in                  state of administrative and judicial proceedings.
 particular Article 13 (3 ) thereof;
                                                                 2.    Where the full amount of the sums referred to
 Having regard to the proposal from the Commission ;             in paragraph 1 of this Article is not recovered, the
                                                                 financial consequences shall be borne in equal parts
 Having regard to the Opinion of the European                    by the Community and the Member State concerned,
 Parliament4 ;                                                   except those financial consequences which result
                                                                 from irregularities or negligence attributable to the
 Whereas under Article 13 (3 ) of Regulation ( EEC)              authorities or agencies of the Member State, and
 No 1975 /69 general rules for the application of                which shall then become the total responsibility of
Articles 11 and 12 ( 1 ) of that Regulation must be              the Member State .
 adopted ;
                                                                 3.    Sums recovered in pursuance of the provisions
Whereas Article 11 of Regulation (EEC) No 1975/69                of Article 11 of Regulation (EEC) No 1975/69 shall
provides for the recovery of the premium paid where              be paid back to the national offices or agencies which
the undertakings referred to in Article 2 ( a) and in            paid them out, one half being credited by them
Article 6 of that Regulation have not been fulfilled,            against the contributions of the Guidance Section of
and whereas it is necessary to determine                         the European Agricultural Guidance and Guarantee
responsibility for the possible financial consequences           Fund .
resulting from failure to fulfil these undertakings ;
                                                                                        Article 2
1  OJ  No  L 148, 28.6.1968, p . 24.
2  OJ  No  L 312, 12.12.1969, p. 3.                              1.    Requests for reimbursement as provided for in
3  OJ  No  L 252, 8.11.1969, p. 1 .                             Article 12 of Regulation (EEC) No 1975/69 shall
4  OJ  No  C 40, 3.4.1970, p. 4.                                 cover all the expenditure incurred during a calendar
 ---pagebreak---                                  Official Journal of the European Communities                                 359
year by a Member State and shall be presented to the                              Article 3
Commission before 30 June of the following year.
2.    The Commission shall act on these requests in         This Regulation shall enter into force on the third
consultation with the Fund Committee before the end         day following its publication in the Official Journal
of the current year.                                        of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 8 June 1970.
                                                                                 For the Council
                                                                                  The President
                                                                                   Ch . HÉGER