31970R0728
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 Article 1 period, which expired on 31 December 1969 ; whereas 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 shall extend from 1 July to 31 December 1969.' from Member States to the expenditure of the 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 O J 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.
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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
Arrangements for 1970 1 . Article 9 (2) of Regulation No 17/64/EEC shall 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 States, calculated according to the following scale: 'in paragraph 2'.
Belgium 8-25
Germany 31-70 Article 4 France 28-00 Article 10 (5 ) of Regulation No 17/ 64/EEC shall be 21-50 Italy 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
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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 words ' of paragraph 4 (a ), 5 (a), 5a ( a) or 5b ( a)' Article 10 (5 ) of Regulation 17/64/EEC shall be 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 Article 14 . applications provided for in Article 9 (2b ) : 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.
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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