ddrg/super_eurlex huggingface dataset:
++++

Article 187

The amount of duties recorded under own resources accruing from value added tax shall be due in its entirety from 1 January 1986 .

That amount shall be calculated and checked as if the Canary Islands and Ceuta and Melilla were included in the territorial field of application of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax : uniform basis of assessment .

The Community shall refund to the Kingdom of Spain , as an item of expenditure under the general budget of the European Communities , during the month following its availability to the Commission , a proportion of the amount of payments under own resources accruing from value added tax in accordance with the following procedure :

- 87 % in 1986 ,

- 70 % in 1987 ,

- 55 % in 1988 ,

- 40 % in 1989 ,

- 25 % in 1990 ,

- 5 % in 1991 .

The percentage of this graduated refund shall not apply to the amount corresponding to the share to be borne by Spain in financing the deduction provided for in Article 3 ( 3 ) ( b ) and ( c ) of the Council Decision of 7 May 1985 on the Communities' system of own resources , in favour of the United Kingdom .
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Article 139

1 . The Kingdom of Spain shall from 1 March 1986 eliminate the application of all quantitative restrictions or all measures having equivalent effect on exports of products referred to in Article 131 to the Community as at present constituted .

2 . However , during the first phase , the Kingdom of Spain may maintain the sectoral trade adjustments that it applies to exports whilst adapting them during that phase so as to make them compatible with the requirements of freedom of movement at the end of that phase .
11985I299

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 299



Official Journal L 302 , 15/11/1985 P. 0114
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Article 247

1 . Without prejudice to Article 246 , the Portuguese Republic shall be authorized to maintain national aids , the abolition of which would not fail to have serious consequences for both producer and consumer prices . However , such aids can only be maintained on a transitional and , in principal , degressive basis , until not later than the end of the period of application of the transitional measures .

2 . The Council , acting in accordance with Article 258 , shall adopt the necessary measures for the implementation of the provisions of this Article . These measures shall include , in particular , the list and the exact wording of the aids referred to in paragraph 1 , the amount of the aids , the timetable of their abolition , any degressivity scale and the detailed rules necessary to ensure the proper functioning of the common agricultural policy ; these detailed rules must , in addition , ensure equal access to the Portuguese market .

3 . Should the need arise , a derogation may be made , during the period of application of the transitional measures , from the degressivity scale referred to in paragraph 2 .
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Article 48

1 . Without prejudice to paragraphs 2 and 3 of this Article , the Kingdom of Spain shall , from 1 January 1986 , progressively adjust State monopolies of a commercial character within the meaning of Article 37 ( 1 ) of EEC Treaty , bearing in mind , where appropriate , Article 90 ( 2 ) of the EEC Treaty , so as to ensure that by 31 December 1991 at the latest no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States .

The present Member States shall have equivalent obligations in relation to the Kingdom of Spain .

The Commission shall make recommendations as to the manner in which and the timetable according to which the adjustment must be carried out , it being understood that the manner and timetable must be the same for the Kingdom of Spain and the present Member States .

2 . The Kingdom of Spain shall , from 1 January 1986 , abolish all exclusive export rights .

3 . With regard to products indicated in the list appearing in Annex V , the exclusive import rights shall be abolished not later than 31 December 1991 . The abolition of these exclusive rights shall be made by progressively opening , from 1 January 1986 , import quotas for products from the present Member States . Quota volumes for 1986 are indicated in the said list .

The Kingdom of Spain shall increase the quota volumes in the manner set out in the annex referred to in the first subparagraph .

The increases expressed in percentage terms shall be added to each quota and the next increase calculated on the basis of the total thus obtained .

The quotas referred to in the first subparagraph shall be opened for all operators without restriction and goods imported under these quotas may not be subject in Spain to exclusive marketing rights at the wholesale level ; as regards retail sales of certain goods imported under quotas , the marketing of such goods to consumers will have to be on a non-discriminatory basis .

4 . The adjustment of the monopoly of products indicated in the list appearing in Annex VI may not necessarily affect the functioning of the Spanish petroleum monopoly with regard to third countries . This monopoly may continue to determine the origin and the conditions of acquisition of a share of crude oil imports , from third countries , necessary to ensure availability of supply on the Spanish market , whilst complying with the provisions of the EEC Treaty , and in particular those relating to free movement contained in Articles 30 and 37 of that Treaty .
11985I193

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 193



Official Journal L 302 , 15/11/1985 P. 0082
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Joint declaration

on imports from third countries of products subject to the STM

To the extent that the deterioration of the Community market or that of one of its regions is also due to imports from third countries , measures shall only be taken with respect to those imports within the framework and under the conditions of mechanisms already provided for by the common organizations of the market and in compliance with the provisions referring to the international commitments of the Community .
11985I399

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 399



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

ANNEX XVI

List provided for in Article 177 ( 5 ) of the Act of Accession

( a ) LIST OF BASIC QUOTAS FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS ON IMPORT INTO SPAIN WITH REGARD TO ALL THIRD COUNTRIES UNTIL 31 DECEMBER 1989

CCT heading No * Description * Global quotas for the countries to which Regulation ( EEC ) No 288/82 applies ( 1986 ) * Global quotas for the State-trading countries referred to in Regulation ( EEC ) No 3420/83 ( 1986 ) *

ex 58.01 * Carpets , carpeting and rugs , knotted ( made up or not ) , other than hand-made * 60 tonnes * 3 tonnes *

58.02 * Other carpets , carpeting , rugs , mats and matting , and " Kelem " , " Schumacks " and " Karamanie " rugs and the like ( made up or not ) : * 21 tonnes * 30 tonnes *

* A . Carpets , carpeting , rugs , mats and matting * * *

84.41 * Sewing machines ; furniture specially designed for sewing machines ; sewing machine needles ; * 522 units * 10 units *

* A . Sewing machines ; furniture specially designed for sewing machines : * * *

* I . Sewing machines ( lock-stitch only ) , with heads of a weight not exceeding 16 kg without motor or 17 kg including the motor ; sewing machine heads ( lock-stitch only ) , of a weight not exceeding 16 kg without motor or 17 kg including the motor : * * *

* a ) Sewing machines having a value ( not including frames , tables or furniture ) of more than 65 ECU each * * *

* b ) Other * * *

85.15 * Radiotelegraphic and radiotelephonic transmission and reception apparatus ; radio-broadcasting and television transmission and reception apparatus ( including receivers incorporating sound recorders or reproducers ) and television cameras ; radio navigational aid apparatus , radar apparatus and radio remote control apparatus ; * 2 706 units * 3 units *

* A . Radiotelegraphic and radiotelephonic transmission and reception apparatus ; radio-broadcasting and television transmission and reception apparatus ( including receivers incorporating sound recorders or reproducers ) and television cameras : * * *

* III . Receivers , whether or not incorporating sound recorders or reproducers : * * *

* b ) Other : * * *

* ex 2 . Other : * * *

* - Colour television receivers , the diagonal

measurement of which is : * * *

* - 42 cm or less * * *

* - from more than 42 cm up to and including 52 cm * * *

* - more than 52 cm * * *

87.01 * Tractors ( other than those falling within heading No 87.07 ) , whether or not fitted with power take-offs , winches or pulleys : * 13 units * 448 units *

* A . Agricultural walking tractors , with either a spark ignition or a compression ignition engine * * *

* ex B . Agricultural tractors ( excluding walking tractors ) and forestry tractors , wheeled : * * *

* - With an engine of a cylinder capacity of 4 000 cm3 or less * *
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Article 134

1 . In order to realize the general objectives , the Commission shall , during the interim period and in close cooperation with the Spanish authorities , draw up an action programme .

2 . Thereafter the Commission shall closely follow the development of the situation in Spain in the light of :

- progress made in the realization of the objectives fixed ,

- results obtained by the implementation of horizontal or specific structural measures .

3 . The Commission shall express its opinion on that development in reports that it shall forward to the Council :

- at the end of the interim period with a view to establishing a record of the development that occurred before the date of accession ,

- in good time before the end of the fourth year following accession ,

- at any other time it may deem it useful or necessary .

4 . Taking special account of the Council's discussions on the reports referred to in paragraph 3 , the Commission may , if necessary , make recommendations to the Kingdom of Spain with regard to measures that should be undertaken in order to achieve the objectives in question .
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Article 367

If the protocols referred to in Article 366 ( 1 ) are not , for reasons outside the control of the Community or the Portuguese Republic , concluded by 1 January 1986 , the Community shall take the necessary measures to deal with this situation on accession .

In any case , most favoured-nation treatment shall be applied as from 1 January 1986 by the Portuguese Republic to the countries listed in Article 368 .
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Article 244

1 . In trade between Portugal and the other Member States and between Portugal and third countries the system applicable in the Community as at present constituted in respect of customs duties and charges having equivalent effect and quantitative restrictions and measures having equivalent effect shall apply in Portugal from 1 March 1986 , subject to any provision to the contrary in this Chapter in respect of products covered , on the date of accession by the common organization of markets .

2 . In respect of products not covered , on 1 March 1986 , by the common organization of markets , the abolition of charges having equivalent effect to customs duties and of quantitative restrictions and measures having equivalent effect shall take place on that date , unless they form an integral part of a national market organization in Portugal or in another Member State on the date of accession .

This provision shall apply only until the common organization of the market for these products is implemented and not later than 31 December 1995 and to the extent strictly necessary to ensure the maintenance of the national organization .

3 . The Portuguese Republic shall apply the Common Customs Tariff nomenclature as from 1 March 1986 .

To the extent that no difficulties arise in the application of the Community rules and , in particular , in the functioning of the common organization of markets and of the transitional mechanisms provided for in this Chapter , the Council , acting by a qualified majority on a proposal from the Commission , may authorize the Portuguese Republic to include within this nomenclature such existing national subdivisions as would be indispensable for carrying out the progressive moves towards alignment with the Common Customs Tariff or the elimination of the duties in the Community under the conditions laid down in this Act .
11985I262

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 262



Official Journal L 302 , 15/11/1985 P. 0102
EN Official Journal of the European Union L 302/3

COMMISSION OPINION

of 31 May 1985

on the applications for accession to the European Communities by the Kingdom of Spain and the Portuguese Republic

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 98 thereof,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 237 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 205 thereof,

Whereas the Kingdom of Spain and the Portuguese Republic have applied to become members of those Communities;

Whereas, in its opinions of 19 May and 20 November 1978, the Commission has already had an opportunity of expressing its views on certain essential aspects of the problems arising in connection with these applications;

Whereas the terms for the admission of these States and the adjustments to the Treaties necessitated by their accession have been negotiated in conferences between the Communities and the applicant States; whereas the uniqueness of Community representation was ensured with due regard for the institutional dialogue provided for by the Treaties;

Whereas, on the completion of those negotiations, it is apparent that the provisions so agreed are fair and proper; whereas, this being so, the Community's enlargement, while preserving its internal cohesion and dynamism, will enable it to take a fuller part in the development of international relations;

Whereas, in joining the Communities, the applicant States accept, without reserve, the Treaties and their political objectives, all decisions taken since their entry into force and the options taken in respect of the development and strengthening of the Communities;

Whereas it is an essential feature of the legal order introduced by the Treaties establishing the Communities that certain of their provisions and certain acts adopted by the institutions of the Communities are directly applicable, that Community law takes precedence over any national provisions which might conflict with it, and that procedures exist for ensuring the uniform interpretation of Community law; whereas accession to the Communities implies recognition of the binding nature of these rules, observance of which is indispensable to guarantee the effectiveness and unity of Community law;

Whereas the principles of pluralist democracy and respect for human rights form part of the common heritage of the peoples of the States brought together in the European Communities and constitute therefore essential elements of membership of the said Communities;

Whereas enlargement of the Communities through the accession of the Kingdom of Spain and the Portuguese Republic will help to strengthen safeguards for peace and freedom in Europe,

HEREBY DELIVERS A FAVOURABLE OPINION:

on the accession to the European Communities of the Kingdom of Spain and the Portuguese Republic.

This opinion is addressed to the Council.
11985IN23R(01)

CORRIGENDUM TO: - 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, ANNEX XXIII: LIST PROVIDED FOR IN ARTICLE 269 ( 2 ) OF THE ACT OF ACCESSION



Official Journal L 116 , 04/05/1988 P. 0027
TREATY AMENDING, WITH REGARD TO GREENLAND, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES, ARTICLE 2



Official Journal L 029 , 01/02/1985 P. 0003



Article 2 Denmark shall be added to the Member States specified in the first sentence of the first paragraph of Article 131 of the Treaty establishing the European Economic Community.
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ARTICLE 3

1 . THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES , HENCEFORTH DESIGNATED AS REFERRED TO HEREAFTER , SHALL EXERCISE THEIR POWERS AND JURISDICTION UNDER THE CONDITIONS AND FOR THE PURPOSES PROVIDED FOR BY THE TREATIES ESTABLISHING THE COMMUNITIES AND BY THE SUBSEQUENT TREATIES AND ACTS MODIFYING OR SUPPLEMENTING THEM AND BY THE PROVISIONS OF TITLE II .

2 . THE INSTITUTIONS AND BODIES RESPONSIBLE FOR EUROPEAN POLITICAL CO-OPERATION SHALL EXERCISE THEIR POWERS AND JURISDICTION UNDER THE CONDITIONS AND FOR THE PURPOSES LAID DOWN IN TITLE III AND IN THE DOCUMENTS REFERRED TO IN THE THIRD PARAGRAPH OF ARTICLE 1 .
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ARTICLE 21

THE EEC TREATY SHALL BE SUPPLEMENTED BY THE FOLLOWING PROVISIONS :

" ARTICLE 118A

1 . MEMBER STATES SHALL PAY PARTICULAR ATTENTION TO ENCOURAGING IMPROVEMENTS , ESPECIALLY IN THE WORKING ENVIRONMENT , AS REGARDS THE HEALTH AND SAFETY OF WORKERS , AND SHALL SET AS THEIR OBJECTIVE THE HARMONIZATION OF CONDITION IN THIS AREA , WHILE MAINTAINING THE IMPROVEMENTS MADE .

2 . IN ORDER TO HELP ACHIEVE THE OBJECTIVE LAID DOWN IN THE FIRST PARAGRAPH , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , IN CO-OPERATION WITH THE EUROPEAN PARLIAMENT AND AFTER CONSULTING THE ECONOMIC AND SOCIAL COMMITTEE , SHALL ADOPT , BY MEANS OF DIRECTIVES , MINIMUM REQUIREMENTS FOR GRADUAL IMPLEMENTATION , HAVING REGARD TO THE CONDITIONS AND TECHNICAL RULES OBTAINING IN EACH OF THE MEMBER STATES .

SUCH DIRECTIVES SHALL AVOID IMPOSING ADMINISTRATIVE , FINANCIAL AND LEGAL CONSTRAINTS IN A WAY WHICH WOULD HOLD BACK THE CREATION AND DEVELOPMENT OF SMALL AND MEDIUM-SIZED UNTERTAKINGS .

3 . THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL NOT PREVENT ANY MEMBER STATE FROM MAINTAINING OR INTRODUCING MORE STRINGENT MEASURES FOR THE PROTECTION OF WORKING CONDITIONS COMPATIBLE WITH THIS TREATY . " .
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ARTICLE 18

THE EEC TREATY SHALL BE SUPPLEMENTED BY THE FOLLOWING PROVISIONS :

" ARTICLE 100A

1 . BY WAY OF DEROGATION FROM ARTICLE 100 AND SAVE WHERE OTHERWISE PROVIDED IN THIS TREATY , THE FOLLOWING PROVISIONS SHALL APPLY FOR THE ACHIEVEMENT OF THE OBJECTIVES SET OUT IN ARTICLE 8A . THE COUNCIL SHALL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION IN CO-OPERATION WITH THE EUROPEAN PARLIAMENT AND AFTER CONSULTING THE ECONOMIC AND SOCIAL COMMITTEE , ADOPT THE MEASURES FOR THE APPROXIMATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES WHICH HAVE AS THEIR OBJECT THE ESTABLISHMENT AND FUNCTIONING OF THE INTERNAL MARKET .

2 . PARAGRAPH 1 SHALL NOT APPLY TO FISCAL PROVISIONS , TO THOSE RELATING TO THE FREE MOVEMENT OF PERSONS NOR TO THOSE RELATING TO THE RIGHTS AND INTERESTS OF EMPLOYED PERSONS .

3 . THE COMMISSION , IN ITS PROPOSALS ENVISAGED IN PARAGRAPH 1 CONCERNING HEALTH , SAFETY , ENVIRONMENTAL PROTECTION AND CONSUMER PROTECTION , WILL TAKE AS A BASE A HIGH LEVEL OF PROTECTION .

4 . IF , AFTER THE ADOPTION OF A HARMONIZATION MEASURE BY THE COUNCIL ACTING BY A QUALIFIED MAJORITY , A MEMBER STATE DEEMS IT NECESSARY TO APPLY NATIONAL PROVISIONS ON GROUNDS OF MAJOR NEEDS REFERRED TO IN ARTICLE 36 , OR RELATING TO PROTECTION OF THE ENVIRONMENT OR THE WORKING ENVIRONMENT , IT SHALL NOTIFY THE COMMISSION OF THESE PROVISIONS .

THE COMMISSION SHALL CONFIRM THE PROVISIONS INVOLVED AFTER HAVING VERIFIED THAT THEY ARE NOT A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES .

BY WAY OF DEROGATION FROM THE PROCEDURE LAID DOWN IN ARTICLES 169 AND 170 , THE COMMISSION OR ANY MEMBER STATE MAY BRING THE MATTER DIRECTLY BEFORE THE COURT OF JUSTICE IF IT CONSIDERS THAT ANOTHER MEMBER STATE IS MAKING IMPROPER USE OF THE POWERS PROVIDED FOR IN THIS ARTICLE .

5 . THE HARMONIZATION MEASURES REFERRED TO ABOVE SHALL , IN APPROPRIATE CASES , INCLUDE A SAFEGUARD CLAUSE AUTHORIZING THE MEMBER STATES TO TAKE , FOR ONE OR MORE OF THE NON-ECONOMIC REASONS REFERRED TO IN ARTICLE 36 , PROVISIONAL MEASURES SUBJECT TO A COMMUNITY CONTROL PROCEDURE . " .
SINGLE EUROPEAN ACT, TITLE IV: GENERAL AND FINAL PROVISIONS, ARTICLE 31



Official Journal L 169 , 29/06/1987 P. 0014



++++ ARTICLE 31 THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY CONCERNING THE POWERS OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES AND THE EXERCISE OF THOSE POWERS SHALL APPLY ONLY TO THE PROVISIONS OF TITLE II AND TO ARTICLE 32 ; THEY SHALL APPLY TO THOSE PROVISIONS UNDER THE SAME CONDITIONS AS FOR THE PROVISIONS OF THE SAID TREATIES .
++++

ARTICLE 33

1 . THIS ACT WILL BE RATIFIED BY THE HIGH CONTRACTING PARTIES IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL REQUIREMENTS . THE INSTRUMENTS OF RATIFICATION WILL BE DEPOSITED WITH THE GOVERNMENT OF THE ITALIAN REPUBLIC .

2 . THIS ACT WILL ENTER INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH THE INSTRUMENT OF RATIFICATION IS DEPOSITED OF THE LAST SIGNATORY STATE TO FULFIL THAT FORMALITY .
SINGLE EUROPEAN ACT, FINAL ACT, DECLARATION ON ARTICLE 100 A OF THE EEC TREATY



Official Journal L 169 , 29/06/1987 P. 0024



++++ DECLARATION ON ARTICLE 100A OF THE EEC TREATY IN ITS PROPOSALS PURSUANT TO ARTICLE 100A ( 1 ) THE COMMISSION SHALL GIVE PRECEDENCE TO THE USE OF THE INSTRUMENT OF A DIRECTIVE IF HARMONIZATION INVOLVES THE AMENDMENT OF LEGISLATIVE PROVISIONS IN ONE OR MORE MEMBER STATES .
Treaty on European Union - Title I: Common provisions - Article E



Official Journal C 191 , 29/07/1992 P. 0004



Article E The European Parliament, the Council, the Commission and the Court of Justice shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.
Article F

1. The Union shall respect the national identities of its Member States, whose systems of government are founded on the principles of democracy.

2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

3. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.