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II . RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

1 . Council Directive 77/780/EEC of 12 December 1977 ( OJ No L 322 , 17 . 12 . 1977 , p . 30 ) , as amended by the 1979 Act of Accession ( OJ No L 291 , 19 . 11 . 1979 , p . 17 )

( a ) Until 31 December 1992 , the new Member States may continue to apply the criterion of economic need referred to in Article 3 ( 3 ) ( b ) , in accordance with the provisions laid down by the Directive concerned , due regard being paid to the rule of non-discrimination .

( b ) During a period expiring on 31 December 1992 , the Kingdom of Spain shall progressively implement the measures necessary to conform to Article 3 and 4 of the Directive concerned , under the conditions defined below :

- The present arrangements , under which authorization on the basis of economic need is given in respect of one subsidiary plus two other places of business or one branch plus two other places of business shall be retained .

- Credit institutions having their principal place of business in another Member State and having at least one subsidiary or branch , set up in Spain before accession or the setting up of which will be authorized after accession , irrespective of the date of such authorization , shall be authorized to set up :

- as from 1 January 1990 , one additional branch ,

- as from 1 January 1991 , two additional branches ,

- as from 1 January 1992 , two additional branches ,

- as from 1 January 1993 , as many branches as they wish , on the same footing as the Spanish credit institutions , due regard being paid to the rule of non-discrimination .

- The percentage of the resources taken up by the credit institutions referred to above , on the domestic Spanish market outside banking circles , as compared with the assets achieved on the same market , shall be laid down as follows :

- as from accession , 40 % ,

- as from 1 January 1988 , 50 % ,

- as from 1 January 1989 , 60 %

- as from 1 January 1990 , 70 %

- as from 1 January 1991 , 80 % ,

- as from 1 January 1992 , 90 % ,

- as from 1 January 1993 , 100 % , to the exclusion of all discrimination between Spanish credit institutions and the subsidiaries or branches in Spain of credit institutions having their principal place of business in another Member State .

- Throughout the period of the temporary derogations referred to above , the general or special facilities which result from Spanish legislative provisions or agreements existing before accession between Spain and one or more of the other Member States will be maintained and applied on a non-discriminatory basis with regard to all the other Member States . The treatment which Spain will grant to credit institutions of third countries may not be more favourable than that applicable to credit institutions of the other Member States .

( c ) During a period expiring on 31 December 1992 , the Portuguese Republic shall progressively implement the measures necessary for it to conform to Articles 3 and 4 of the Directive concerned , under the following conditions :

- Credit institutions having their principal place of business in another Member State and having at least one subsidiary or branch set up in Portugal before accession , or the setting up of which will be authorized after accession , irrespective of the date of such authorization , shall be authorized to set up :

- as from 1 January 1988 , one additional branch ,

- as from 1 January 1990 , two additional branches ,

- as from 1 January 1993 , as many branches as they wish , on the same footing as Portuguese credit institutions , due regard being paid to the rule of non-discrimination .

- The percentage of the resources taken by the credit institutions referred to above on the domestic Portuguese market outside banking circles , as compared with the assets achieved on the same market , shall be laid down as follows :

- as from accession , 40 % ,

- as from 1 January 1990 , 70 %

- as from 1 January 1991 , 80 %

- as from 1 January 1993 , 100 % , to the exclusion of all discrimination between Portuguese credit institutions and the subsidiaries and branches in Portugal of credit institutions having their principal place of business in another Member State .

( d ) With a view to the application in Portugal of Article 2 ( 4 ) ( a ) of the Directive concerned , the " Caixas de Crédito Agricola Mutuo " may be exempted from the conditions laid down in the said Article to the extent that they are affiliated on a permanent basis , and at the latest by 1 January 1993 , to a central body which controls them and that before that date the Portuguese authorities have introduced into their national law the amendments necessary to enable the central body to meet the characteristics set out in Article 2 ( 4 ) ( a ) .

( e ) For the purposes of applying Article 2 ( 6 ) of the Directive concerned , the Portuguese Republic may , within six months of accession , give notification of those credit institutions which may qualify for a temporary derogation from the application of the said Directive . The period of that temporary derogation may not extend beyond 1 January 1993 .

2 . Council Directive 78/473/EEC of 30 May 1978 ( OJ No L 151 , 7 . 6 . 1978 , p . 25 ) .

( a ) The Kingdom of Spain may reserve , for insurers established in Spain , for a period expiring on 31 December 1991 and for risks situated on its territory , a share of the co-insurance contracts referred to by the Directive concerned , up to the following percentages , which are on a downward sliding scale , and according to the following timetable :

- until 31 December 1988 , 100 % ,

- as from 1 January 1989 , 75 % ,

- as from 1 January 1990 , 40 % ,

- as from 1 January 1991 , 20 % .

( b ) Throughout the period of the temporary derogations referred to above , the general or special facilities which result from Spanish legislative provisions or Conventions existing before accession between Spain and one or more other Member States will be maintained and applied on a non-discriminatory basis with regard to all the other Member States . The treatment which Spain will grant to insurers of third countries may not be more favourable than that applicable to insurers of the other Member States .

3 . Council Directive 78/686/EEC of 25 July 1978 ( OJ No L 233 , 24 . 8 . 1978 , p . 1 ) .

Until such time as the training of dental practitioners in Spain under the conditions laid down pursuant to Directive 78/687/EEC is completed and until 31 December 1990 at the latest , freedom of establishment and freedom to provide services shall be deferred for qualified dental practitioners from the other Member States in Spain and for qualified Spanish doctors practising dentistry in the other Member States .

During the temporary derogation provided for above , general or special facilities concerning the right of estabilishment and the freedom to provide services which would exist pursuant to Spanish provisions or Conventions governing relations between the Kingdom of Spain and any other Member State will be maintained and applied on a non-discriminatory basis with regard to all other Member States .