Regulation 1981/1468 - Mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1981/1468
Original proposal	COM(1973)538
CELEX number i	31981R1468

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Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters

Official Journal L 144 , 02/06/1981 P. 0001 - 0005

Finnish special edition: Chapter 2 Volume 3 P. 0082

Spanish special edition: Chapter 02 Volume 8 P. 0250

Swedish special edition: Chapter 2 Volume 3 P. 0082

Portuguese special edition Chapter 02 Volume 8 P. 0250

COUNCIL REGULATION (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 235 thereof,

Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 3509/80 (2), and in particular Article 8 (3) thereof,

Having regard to the proposal from the Commission (3),

Having regard to the opinion of the European Parliament (4),

Whereas the proper functioning of the customs union and the common agricultural policy requires close cooperation between the administrative authorities responsible in the Member States for the implementation of the provisions adopted in these two fields ; whereas it also requires appropriate cooperation between the national authorities and the Commission, which is responsible for ensuring that the provisions of the Treaty and the measures taken pursuant thereto are applied;

Whereas it is therefore appropriate to lay down rules according to which the administrative authorities of the Member States must mutually provide each other with assistance and cooperate with the Commission so as to ensure the proper application of the law on customs or agricultural matters, in particular by the prevention and detection of infringements of such law and detection of any activity which is or seems to be contrary thereto ; whereas these rules must not be applied in so far as they overlap with Council Regulation (EEC) No 283/72 of 7 February 1972 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organization of an information system in this field (5), or with Council Regulation (EEC) No 359/79 of 5 February 1979 on direct cooperation between the bodies designated by Member States to verify compliance with Community and national provisions in the wine sector (6);

Whereas, in the absence of Community rules on the subject, Member States concluded in 1967 a Convention on mutual assistance between their respective customs authorities ; whereas the practical arrangements made for the implementation of that Convention should not be significantly modified by the introduction of the Community rules which have now become necessary in this field ; whereas these Community rules should therefore be drawn up as far as possible on the basis of the provisions of that Convention ; so as to allow full use to be made of the machinery devised for its implementation;

Whereas the introduction of Community provisions on mutual assistance between the administrative authorities of the Member States and on cooperation between the latter and the Commission so as to ensure the proper application of the law on customs or agricultural matters is without prejudice to application of the 1967 Convention in those areas which continue to come within the exclusive competence of the Member States ; whereas, moreover, these Community provisions shall have no effect on the implementation in the Member States of the rules relating to judicial cooperation...

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