No C 86/14 Official Journal of the European Communities 4.4.85 
Proposal for a Council Regulation on the application of the Agreement in the form of an 
exchange of letters between the European Economic Community and the Portuguese Republic 
concerning the implementation of specific financial aid for improving agricultural and fisheries 
structures in Portugal 
COM(85) 42 final 
(Submitted by the Commission to the Council on 26 February 1985) 
(85/C 86/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 209 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Court of Auditors, 
Whereas the European Economic Community and the 
Portuguese Republic have concluded an Agreement in 
the form of an exchange of letters concerning the 
implementation of specific financial aid for improving 
agricultural and fisheries structures in Portugal (*), 
hereinafter referred to as the 'Agreement'; 
Whereas this Agreement fixes the total amount of 
specific financial aid for improving agricultural and 
fisheries structures in Portugal at 50 million ECU, in the 
form of a grant; 
Whereas it is necessary to lay down implementing and 
administrative rules which, while based on those 
established in respect of the Agreements and Protocols 
concluded by the Community with certain 
Mediterranean countries, take account of the specific 
objectives of the aid in question; 
Whereas the rules for the administration of the aid 
should be established, the procedure for examining and 
approving the projects, programmes or schemes provided 
for in the Agreement should be determined, and the 
detailed rules for supervising the use of the aid should be 
defined; 
Whereas a Committee of representatives of the Member 
States should be set up under the auspices of the 
Commission for the administration of the operations to 
be financed, 
HAS ADOPTED THIS REGULATION: 
Article 1 
In implementing the specific financial aid to Portugal, 
the Commission shall ensure that the general guidelines 
and objectives of the Agreement are applied. 
0) OJ No L 333, 21. 12. 1984, p. 8. Article 2 
The appropriations for the financing of the projects, 
programmes or schemes provided for in the Agreement 
shall be administered by the Commission, in accordance 
with the Financial Regulation applicable to the general 
budget of the European Communities. 
Article 3 
However, the Commission shall adopt detailed 
administrative rules, having particular regard to the 
appointment of financial implementing bodies, and 
conditions guaranteeing equal competition, to the extent 
to which such rules are necessary for the purpose of 
implementing the Agreement. 
Article 4 
The implementation of the aid shall be discussed periodi­
cally by representatives of the Member States and the 
Commission. These discussions shall cover in particular 
the information obtained by the Commission from 
Portugal on the financing sought and on the operations 
which the Commission intends to submit for opinions in 
accordance with Article 6. 
Article 5 
1. A committee, hereinafter referred to as the 'Article 
5 Committee', consisting of representatives of the 
Member States, shall be set up under the auspices of the 
Commission. 
The Article 5 Committee shall be chaired by a rep­
resentative of the Commission; its secretarial services 
shall be provided by the Commission. j 
2. The Committee shall adopt its own rules of 
procedure. 
3. Within the Article 5 Committee, the votes of the 
Member States shall be weighted in accordance with 
Article 148 (2) of the EEC Treaty. 
The Article 5 Committee shall act by a majority of 45 
votes. 
Article 6 
1. The Article 5 Committee shall give its opinion on 
draft financing decisions for cooperation projects or 
programmes and technical assistance schemes in Portugal 
submitted to it by the Commission. 
4.4.85 Official Journal of the European Communities No C 86/15 
2. The draft financing decisions for projects, 
programmes or schemes shall explain their relevance in 
the context of Portugal's preparation for accession and 
shall assess the effectiveness of each project, programme 
or scheme by setting the effects it is expected to produce 
against the resources to be invested in it. 
3. The assessment by the Article 5 Committee shall 
relate inter alia to the conformity of the projects, 
programmes or schemes with the aid objectives laid 
down in the Agreement. 
Article 7 
The draft financing decisions referred to in Article 6, 
together with the opinion of the Article 5 Committee, 
shall be submitted to the Commission for a decision. 
The Commission shall adopt decisions which shall apply 
immediately. However, if the measures are not in 
accordance with the opinion of the Committee, they 
shall forthwith be communicated by the Commission to 
the Council. In that event, the Commission shall defer application of the decisions which it has adopted for not 
more than two months from the date of such communi­
cation. The Council, acting by a qualified majority, may 
take a different decision within two months. 
Article 8 
1. The Commission shall ascertain, in close collab­
oration with the relevant authorities in Portugal, how 
projects financed with Community aid are used by the 
recipients and to what extent the objectives of the aid 
have been attained. 
2. The Commission shall inform the Council and the 
European Parliament, at their request and at least once a 
year, of the results of the investigation provided for in 
paragraph 1. 
Article 9 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities.