Legal provisions of COM(1976)25 -

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dossier COM(1976)25 - .
document COM(1976)25 EN
date February 20, 1978

Contents

Article 1

1. This Regulation shall apply to any security, deposit or guarantee furnished pursuant to provisions adopted under the common agricultural policy (hereinafter referred to as ‘security’).

2. However, this Regulation shall not apply to any security furnished

(a)in connection with the issue of export or import licences with or without advance fixing of amounts;

(b)under a tendering procedure for the sole purpose of ensuring the submission by tenderers of genuine tenders;

(c)in order to guarantee payment of a duty constituting part of the Communities' own resources as defined in Decision 70/243/ECSC, EEC, Euratom (4), where the amount of such duty has already been determined pursuant to Article 2 (1) of Regulation (EEC, Euratom, ECSC) No 2891/77 (5) and made available to the Commission.

Article 2

1. Any security referred to in Article 1 which is forfeited shall be used in its entirety by the paying authorities or bodies in the Member States to reduce EAGGF expenditure.

2. However, any security which is forfeited in respect of food-aid operations shall be used by the paying authorities or bodies in the Member States to reduce the food-aid expenditure concerned.

Article 3

1. Any security referred to in Article 2 (1) shall be deducted:

(a)from the refunds concerned if the completed or proposed operation in respect of which the security was furnished concerns trade with third countries;

(b)from the intervention expenditure concerned in all other cases.

2. If the expenditure chargeable to the EAGGF is supported by accounts, such accounts shall be credited with any security referred to in Article 2 (1).

Article 4

Article 14 of Council Regulation (EEC) No 2306/70 of 10 November 1970 on the financing of intervention expenditure in respect of the internal market in milk and milk products (6) and Article 3 (1) of Council Regulation (EEC) No 786/69 of 22 April 1969 on the financing of intervention expenditure in respect of the internal market in oils and fats (7) are hereby repealed.

Article 5

Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.

Article 6

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply to any security forfeited from 1 January 1978.

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