31970R1094

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 ;

1 . Member States shall take the necessary Having regard to Council Regulation ( EEC) No measures, in accordance with national provisions 805/68 1 of 27 June 1968 on the common organisation imposed by law, regulation or administrative action, of the market in beef and veal, as last amended by to recover the sums paid where the undertakings Regulation (EEC) No 2463/692 ; 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 the Member State . Articles 11 and 12 ( 1 ) of that Regulation must be 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 Fund . responsibility for the possible financial consequences resulting from failure to fulfil these undertakings ;

Article2¶

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

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