31970R1386

48 Official Journal of the European Communities

No L 155/2 Official Journal of the European Communities 25.7.70

REGULATION (EEC) No 1 386/70 OF THE COUNCIL

of 13 July 1970

amending Regulation (EEC) No 1975/69 introducing a system of premiums for slaughtering cows and for withholding milk and milk products from the market

THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community, and in particular Article 43 The following shall be substituted for Article 5 of Regu­ thereof; lation (EEC) No 1975/69 :

'Article 5 Having regard to Council Regulation (EEC) No 805 1 . Farmers having more than 10 dairy cows may, 68 1 of 27 June 1968 on the common organization of the on application, receive a premium for withholding market in beef and veal, as amended by Regulations milk and milk products from the market, under the (EEC) No 2463/692 and (EEC) No 1253/703, and in conditions laid down below. particular Article 2 thereof; 2. Any successor to the farm may assume the un­ dertakings of his predecessor. In this case the latter Having regard to the proposal from the Commission; shall keep the instalments already paid and the bal­ ance of the premiums shall be paid to his successor.' Having regard to the Opinion of the European Parlia­ ment; Article 2

The following provisions shall be substituted for Article Whereas Article 5 of Council Regulation (EEC) No 9 (d) and (e) of Regulation (EEC) No 1975/69 : 1975/694 of 6 October 1969 introducing a system of premiums for slaughtering cows and for withholding '(d) detailed rules for verifying the fulfilment of un­ milk and milk products from the market provides for a dertakings and for payment of the premium, premium to be granted, under certain conditions, for (e) cases offorce majeure which permit cancellation withholding milk and milk products from the market; or suspension of the undertakings of the party whereas' experience has shown that certain conditions concerned, and governing the granting of that premium need to be re­ defined. particularly in cases where the farm is not man­ (f) other detailed rules for the application of the aged by the person claiming the premium during the preceding Articles.' whole of the period over which the premium is paid and Article 3 where, owing to circumstances which are beyond the control of the claimant, the latter is unable to fulfil his On application by the party concerned, the provisions of undertakings ; this Regulation shall be applied to the premiums granted before the date, of entry into force of this Regulation.

Whereas it seems fair to allow those who have already A rticle 4 been granted premiums to benefit, on application, from the provisions laid down in this Regulation , This Regulation shall enter into force on 1 August 1970.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels , 13 July 1970.

For the Council 1 OJ No L 148, 28.6.1968, p. 24. 2 OJ No L 312, 12.12.1969, p. 3 . The President 3 OJ No L 143 , 1.7.1970, p. 1 . 4 OJ No L 252, 8.10.1969, p. 1 . J.ERTL