ddrg/super_eurlex huggingface dataset:
462 OfficialJournaloftheEuropeanCommunities 15.11.85
Protocol21
ontheeconomicandindustrialdevelopmentofPortugal
THEHIGHCONTRACTING PARTIES,
Desiringtosettlecertainspecialproblemsofconcern
toPortugaland,toalignthestandardoflivinginPortugalwiththatof
theotherEuropeannationsandtoeliminateunderem­
ploymentwhileprogressivelyeveningoutregionaldif­
ferencesinlevelsofdevelopment ;
Recognizeittobeintheircommoninterestthatthe
objectivesofthispolicybeattained;
AgreetorecommendtothisendthattheCommunity
institutionsuseallthemeansandprocedureslaid
downbytheEECTreaty,particularlybymakingade­
quateuseoftheCommunityresourcesintendedforthe
realizationoftheCommunity'sabovementioned objec­
tives;
Recognizeinparticularthat,intheapplicationofArti­
cles92and93oftheEECTreaty,itwillbenecessaryto
takeintoaccounttheobjectivesofeconomicexpansion
andtheraisingofthestandardoflivingofthepopula­
tion.HAVINGAGREEDTHEFOLLOWING PROVISIONS ,
RecallthatthefundamentalobjectivesoftheEuropean
EconomicCommunityincludethesteadyimprovement
ofthelivingstandardsandworkingconditionsofthe
peoplesoftheMemberStatesandtheharmonious
developmentoftheireconomiesbyreducingthediffer­
encesexistingbetweenthevariousregionsandthe
backwardnessoftheless-favouredregions:
TakenoteofthefactthatthePortugueseGovernment
hasembarkedupontheimplementation ofapolicyof
industrialization andeconomicdevelopmentdesigned
Protocol22
ontheexchangeofinformationwiththePortugueseRepublicinthefieldofnuclearenergy
ArticleI
1.Fromthedateofaccession,suchinformationas
hasbeencommunicated toMemberStates,personsand
undertakingsinaccordancewithArticle13oftheEura­
tomTreaty,shallbeplacedatthedisposalofthe
PortugueseRepublicwhichshallgiveitlimiteddistri­
butionwithinitsterritoryundertheconditionslaid
downinthatArticle.
2.Fromthedateofaccession,thePortuguese
RepublicshallplaceatthedisposaloftheEuropean
AtomicEnergyCommunityinformationobtainedin
thenuclearfieldinPortugalwhichisgivenlimiteddis­
tribution,insofarasstrictlycommercialapplications
arenotinvolved.Thecommission shallcommunicate
thisinformationtoCommunityundertakingsunderthe
conditionslaiddowninparagraph 1.
3.Thisinformationshallmainlyconcern:
—reactordynamics,
—radiationprotection,
—applicationofnuclearmeasuringtechniques(inthe
industrial,agricultural,archeologicalandgeologi­
calfields),—atomicphysics(effectivemeasuringofcrosssec­
tions,pipelinetechniques),
—extractivemetallurgyofuranium.
Article2
1.InthosesectorsinwhichthePortugueseRepublic
placesinformationatthedisposaloftheCommunity ,
thecompetentauthoritiesshallgrantuponrequest
licencesoncommercialtermstoMemberStates,per­
sonsandundertakingsoftheCommunitywherethey
possessexclusiverightstopatentsfiledinMember
StatesoftheCommunityandinsofarastheyhaveno
obligationorcommitmentinrespectofthirdpartiesto
grantoroffertograntanexclusiveorpartiallyexclus­
ivelicencetotherightsinthesepatents.
2.Whereanexclusiveorpartiallyexclusivelicence
hasbeengranted,thePortugueseRepublicshall
encourageandfacilitatethegrantingofsub-licenceson
commercialtermstoMemberStates,personsand
undertakingsoftheCommunitybytheholdersofsuch
licences.
Suchexclusiveorpartiallyexclusivelicencesshallbe
grantedonanormalcommercialbasis.
11985I049

DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 49



Official Journal L 302 , 15/11/1985 P. 0033
++++

Article 356

1 . The guide prices applicable to Atlantic sardines in Portugal , on the one hand , and in the Community as at present constituted , on the other , shall be the subject of a move towards alignment in accordance with paragraph 2 , the first move towards alignment taking place on 1 March 1986 .

2 . The guide prices applicable in Portugal , on the one hand , and in the Community as at present constituted , on the other , shall be the subject of alignment , in 10 annual stages , towards the level of the guide price for Mediterranean sardines , on the basis of 1984 prices , successively by a tenth , a ninth , an eighth , a seventh , a sixth , a fifth , a quarter , a third and half of the difference between these guide prices applicable before each move towards alignment ; the prices resulting from this calculation shall be modulated proportionately on the basis of any adjustment to the guide price for the next fishing year ; the common price shall be applied from the date of the tenth move towards alignment .
++++

Declaration by the European Economic Community

on the application of the Community loan mechanism in favour of Portugal

Within the framework of the Community loan mechanism designed to support balances of payments of Member States ( in accordance with the provisions of Council Regulation ( EEC ) No 682/81 of 16 March 1981 as amended by Council Regulation ( EEC ) No 1131/85 of 30 April 1985 ) a sum of 1 000 million ECU will be granted to the Portuguese Republic in the form of a loan over the years 1986 to 1991 . For the annual division of this total amount , a special effort will be made in 1986 and in 1991 .
11985I/AFI/DCL/14

DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, FINAL ACT, JOINT DECLARATION CONCERNING FISHERIES RELATIONS WITH THIRD COUNTRIES



Official Journal L 302 , 15/11/1985 P. 0483
++++

Joint declaration

on the elimination of monopolies existing in the new Member States in the sphere of agriculture

1 . Subject to the provisions as to derogation provided for under the Act of Accession , the new Member States shall take all adequate measures with a view to abolishing national monopolies concerning the production and marketing of agricultural products :

- on 1 March 1986 , as far as the Kingdom of Spain is concerned ,

- on 1 March 1986 , for products subject to classic transition , and at the beginning of the second stage for products subject to transition in stages , as far as the Portuguese Republic is concerned .

2 . However , as far as alcohol is concerned , the new Member States shall adjust their national monopoly in accordance with Articles 48 and 208 of the Act of Accession and with the case law of the Court of Justice .
++++

Article 95

1 . Community aid for the production of olive oil shall apply in Spain as from 1 March 1986 . This aid shall be fixed for the first time and shall be aligned , for the period during which the transitional measures are applied , on the level of aid granted in the Community as at present constituted , the provisions of Article 79 being applied mutatis mutandis .

Community aid for the consumption of olive oil shall be introduced in Spain , from 1 January 1991 , following a timetable to be determined , to the extent necessary to reach the common level by the end of the period during which transitional measures are applied .

2 . Aid for colza , rape and sunflower seeds , for soya beans and for linseed , produced in Spain , shall be :

- introduced in Spain as from the beginning of the first marketing year following accession , and

- increased thereafter , during the period of application of the control mechanism referred to in Article 94 ( 1 ) ,

on the basis of the move towards alignment , as the case may be , of the target price or the guide price applicable in Spain on the level of the common price .

On expiry of the period referred to in the foregoing subparagraph , the aid granted in Spain shall be equal to the difference between the target price or the guide price applicable in that Member State and the price on the world market , with this difference being reduced by the incidence of the customs duties applied by the Kingdom of Spain on the import of products from third countries .

3 . Aid for the seeds and beans referred to in paragraph 2 , produced in Spain and processed in the Community as at present constituted , and the aid for the same seeds and beans produced in the Community as at present constituted and processed in Spain , shall be adjusted to take account of the respective difference between the level of the prices of these seeds and beans and that of seeds and beans imported from third countries .

4 . Furthermore , when the aid for colza , rape and sunflower seeds is calculated , account shall be taken of any differential amount which may be applicable .
++++

Article 306

1 . The guide price referred to in Article 4 of Regulation ( EEC ) No 1117/78 on the common organization of the market in dried fodder , applicable in Portugal on 1 March 1986 , shall be fixed on the basis of the variations which exist between the prices of competitive products in rotation cropping in Portugal and in the Community as at present constituted over a reference period to be determined .

Article 238 shall apply to the guide price calculated in accordance with the first subparagraph . However , the guide price to be applied in Portugal may not exceed the common guide price .

2 . The supplementary aid applicable to Portugal shall be adjusted by an amount equal to :

- the difference which exists , where this arises , between the guide price in Portugal and the common guide price , multiplied by the percentage referred to in Article 5 ( 2 ) of Regulation ( EEC ) No 1117/78 , and

- the incidence of customs duties applicable in Portugal on the import of the said products from third countries .

3 . Article 246 shall apply to the flat-rate aid referred to in Article 3 of Regulation ( EEC ) No 1117/78 .
++++

Article 371

1 . The Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources , hereinafter referred to as " the Decision of 21 April 1970 " , shall be applied in accordance with Articles 372 to 375 .

2 . Any reference to the Decision of 21 April 1970 made in the Articles of this Chapter shall be understood as referring to the Council Decision of 7 May 1985 on the Communities' system of own resources , as from the entry into force of that Decision .
++++

Article 331

1 . The Portuguese Republic shall progressively adjust , during the first stage , the monopoly held by EPAC for importing and marketing rice in Portugal , so as to ensure that , on expiry of the first stage , no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States .

2 . Article 320 shall apply mutatis mutandis to rice imports into Portugal .
++++

Article 16

Article 14 of the Treaty establishing a single Council and a single Commission of the European Communities is amended as follows :

1 . The first subparagraph is replaced by the following :

" The President and the six Vice-Presidents of the Commission shall be appointed from among its members for a term of two years in accordance with the same procedure as that laid down for the appointment of members of the Commission . Their appointments may be renewed .

2 . The following subparagraph is added :

" The Council , acting unanimously , may amend the provisions concerning Vice-Presidents . "
DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, FINAL ACT, DECLARATION BY THE PORTUGUESE REPUBLIC ON MONETARY QUESTIONS



Official Journal L 302 , 15/11/1985 P. 0496



++++ Declaration by the Portuguese Republic on monetary questions In order that the movement of the real rate of the Portuguese escudo , particularly in relation to the ECU and to the currencies of the other Member States , may be followed on foreign exchange markets , the Portuguese Republic will , before accession to the Community , take the necessary measures to ensure that the foreign exchange market in Lisbon operates in a comparable fashion to that in the present Member States of the Community .
++++

( f ) Sheepmeat and goatmeat

Council Regulation ( EEC ) No 1837/80 of 27 June 1980 ( OJ No L 183 , 16 . 7 . 1980 , p . 1 ) , as last amended by Regulation ( EEC ) No 871/84 of 31 March 1984 ( OJ No L 90 , 1 . 4 . 1984 , p . 35 ) .

The following is added to Article 3 ( 5 ) :

" - region 7 : Spain , Portugal . "
11985I403

DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 403



Official Journal L 302 , 15/11/1985 P. 0138
++++

Article 284

1 . As from the second stage , Community rules relating to the products referred to in Article 259 shall apply in full subject to Articles 239 , 240 , 241 , 242 ( 1 ) , 249 to 253 , 255 , 256 , 268 , 279 , 285 to 288 and to the specific provisions applicable to certain products , referred to in Section V .

2 . However , the compensatory amount established in accordance with the rules of Article 240 shall , where appropriate , be corrected by the amount of national aid which the Portuguese Republic is authorized to maintain pursuant to Article 286 .
11985I314

DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 314



Official Journal L 302 , 15/11/1985 P. 0118
++++

Joint declaration

on the inclusion of the peseta and the escudo in ECU

Taking into account the current definition of the ECU and subject to any revision thereof which might appear necessary , in due course , on the basis of the experience acquired in the development of the role of the ECU , the Community and the new Member States note that all the Member States have the right for their currency to be included in the ECU , under a Community procedure .

The decisions to include the peseta and the escudo must take into account the necessity of ensuring a stable development of the functions and uses of the ECU ; either of these decisions could be made at the request of the new Member State concerned , after consultation with the Monetary Committee , on the occasion of the first five-year review of the weighting of the currencies within the ECU .
++++

Protocol 4

Mechanism for additional responsibilities within the framework of fisheries agreements concluded by the Community with third countries

1 . A specific system is hereby established for the execution of operations carried out as a complement to fishing activities undertaken by vessels flying the flag of a Member State of the Community in waters falling under the sovereignty or within the jurisdiction of a third country within the framework of responsibilities created under fisheries agreements concluded by the Community with the third countries in question .

2 . Operations considered likely to occur by way of addition to fishing activities subject to the conditions and within the limits stipulated in points 3 and 4 relate to :

- processing , in the territory of the third country concerned , of fishery products caught by vessels flying the flag of a Member State of the Community in the waters of that third country in the course of fishing activities carried out by virtue of a fisheries agreement , with a view to those products being put on the Community market under tariff headings falling within Chapter 03 of the Common Customs Tariff ,

- loading or transhipment aboard a vessel flying the flag of a Member State of the Community occurring within the framework of activities provided for under such a fisheries agreement , of fishery products falling within Chaper 03 of the Common Customs Tariff with a view to their transport and any processing for the purpose of being put on the Community market .

3 . The import into the Community of products having been the subject of the operations referred to in paragraph 2 shall be carried out subject to suspension , in part or in whole , of the Common Customs Tariff duties or subject to a special system of charges , under the conditions and within the limits of additionality fixed annually in relation to the volume of fishing possibilities deriving from the agreements in question and from their accompanying detailed rules .

4 . The Council , acting by a qualified majority on a proposal from the Commission , shall , before 1 March 1986 , adopt the general rules of application of this system and in particular the criteria for fixing and apportioning the quantities concerned .

Such adjustments to this system as may prove necessary in the light of experience acquired , shall be adopted in accordance with the same procedure .

The detailed implementing rules of this system and the quantities concerned shall be adopted in accordance with the procedure of Article 33 of Regulation ( EEC ) No 3796/81 .
++++

Article 12

The following is substituted for Article 28 of the ECSC Treaty :

" Article 28

When the Council is consulted by the High Authority , it shall consider the matter without necessarily taking a vote . The minutes of its proceedings shall be forwarded to the High Authority .

Wherever this Treaty requires that the assent of the Council be given , that assent shall be considered to have been given if the proposal submitted by the High Authority receives the approval :

- of an absolute majority of the representatives of the Member States , including the votes of the representatives of two Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community , or

- in the event of an equal division of votes and if the High Authority maintains its proposal after a second discussion , of the representatives of three Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community .

Wherever this Treaty requires a unanimous decision or unanimous assent , such decision or assent shall have been duly given if all the members of the Council vote in favour . However , for the purposes of applying Articles 21 , 32 , 32a , 78e and 78h of this Treaty , and Article 16 , the third paragraph of Article 20 , the fifth paragraph of Article 28 and Article 44 of the Protocol on the Statute of the Court of Justice , abstention by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity .

Decisions of the Council , other than those for which a qualified majority or unanimity is required , shall be taken by a vote of the majority of its members ; this majority shall be considered to be attained if it represents an absolute majority of the representatives of the Member States , including the votes of the representatives of two Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community . However , for the purpose of applying Articles 78 , 78b and 78e of this Treaty which require a qualified majority , the votes of the members of the Council are weighted as follows :

Belgium : 5

Denmark : 3

Germany : 10

Greece : 5

Spain : 8

France : 10

Ireland : 3

Italy : 10

Luxembourg : 2

Netherlands : 5

Portugal : 5

United Kingdom : 10

For their adoption , acts shall require at least 54 votes in favour , cast by not less than eight members .

Where a vote is taken , any member of the Council may act on behalf of not more than one other member .

The Council shall deal with the Member States through its President .

The acts of the Council shall be published in such a manner as it may decide . "
++++

Joint declaration

on access to the Portuguese oil market

The Portuguese authorities may make access to the Portuguese oil market by undertakings from Member States subject to those undertakings satisfying objective and non-discriminatory criteria aimed at upholding the legitimate interest of the Portuguese State with regard to the national availability of supply of petroleum products . These criteria , which must be limited to what is necessary for the purposes of the abovementioned aim , concern :

- the undertakings having at their disposal adequate financial and technical means ( e.g . storage ) ,

- the drawing up and observance of three-year plans providing for the cover of the majority of their supplies by medium-term contracts which may be concluded either with Portuguese refineries or refineries of other Member States .
++++

Article 74

1 . The compensatory amounts granted shall be financed by the Community from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund .

2 . Expenditure to be made by the Kingdom of Spain with regard to intervention on its internal market and to the granting of refunds or subsidies for exports to third countries and the other Member States shall remain national until 31 December 1989 for products falling under Regulation ( EEC ) No 1035/72 on the common organization of the market in fruit and vegetables .

However , the Community shall participate in financing intervention operations carried out by the Kingdom of Spain during the verification of convergence phase applicable to those products under the conditions set out in Article 133 .

As from the second phase , expenditure on intervention in the Spanish domestic market and on the granting of refunds for exports to third countries shall be financed by the Community under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund .
++++

Article 13

The following is substituted for the fourth paragraph of Article 95 of the ECSC Treaty :

" These amendments shall be proposed jointly by the High Authority and the Council , acting by a ten-twelfths majority of its members , and shall be submitted to the Court for its opinion . In considering them , the Court shall have full power to assess all points of fact and of law . If , as a result of such consideration , it finds the proposals compatible with the provisions of the preceding paragraph , they shall be forwarded to the Assembly and shall enter into force if approved by a majority of three-quarters of the votes cast and two-thirds of the members of the Assembly . "
DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 218



Official Journal L 302 , 15/11/1985 P. 0088



++++ Article 218 In so far as certain provisions of Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families , may not be dissociated from those of Regulation ( EEC ) No 1612/68 whose application is deferred pursuant to Article 216 , the Portuguese Republic and the other Member States may derogate from those provisions , to the extent necessary for the application of the provisions for derogation which are laid down in Article 216 in connection with the said Regulation .
++++

VII . ENERGY

1 . Commission Decision No 73/287/ECSC of 25 July 1973 ( OJ No L 259 , 15 . 9 . 1973 , p . 36 ) , as amended by :

- Commission Decision No 2963/76/ECSC of 1 December 1976 ( OJ No L 338 , 7 . 12 . 1976 , p . 19 , and L 346 , 26 . 12 . 1976 , p . 26 ) ,

- Commission Decision No 751/77/ECSC of 12 April 1977 ( OJ No L 91 , 13 . 4 . 1977 , p . 7 ) ,

- Commission Decision No 1613/77/ECSC of 15 July 1977 ( OJ No L 180 , 20 . 7 . 1977 , p . 8 ) ,

- Commission Decision No 3058/79/ECSC of 19 December 1979 ( OJ No L 344 , 31 . 12 . 1979 , p . 1 ) ,

- Commission Decision No 896/82/ECSC of 20 April 1982 ( OJ No L 106 , 21 . 4 . 1982 , p . 5 ) ,

- Commission Decision No 759/84/ECSC of 23 March 1984 ( OJ No L 80 , 24 . 3 . 1984 , p . 14 ) .

Article 7 relating to the special fund for Community financing sales aids must , if necessary , be adapted to take into account participation of the new Member States .

2 . Commission Decision No 2514/76/ECSC of 30 September 1976 ( OJ No L 292 , 23 . 10 . 1976 , p . 1 ) .

The Annexes must be supplemented by the introduction of further comparable forms for notifications to be made by the new Member States .