No C 71/8 Official Journal of the European Communities 26. 3. 86 
with at least one hectare of UAA in mainland Portugal 
and to farmers with at least 0,5 ha of UAA in the auton­
omous regions of Madeira and the Azores. 
Article 6 
Aid granted by Portugal under this Regulation shall be 
eligible under Article 26 of Regulation (EEC) No 
797/85, on the terms laid down therein. Article 7 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from 1 January 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1408/71 on the 
application of social security schemes to employed persons, to self-employed persons and to 
members of their families moving within the Community and Regulation (EEC) No 574/72 
laying down the procedure for implementing Regulation (EEC) No 1408/71 
COM(86) 125 final 
(Submitted by the Commission to the Council on 4 March 1986) 
(86/C 71/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 51 and 
235 thereof, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Articles 27 and 396 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas Council Regulations (EEC) No 1408/71 (') 
and (EEC) No 574/72 (2) are subject to the technical 
adaptations set out in Chapter VIII (1) and (2) of Annex 
I to the Act of Accession; 
Whereas on 13 June 1985 the Council adopted Regu­
lation (EEC) No 1660/85 (3) amending Regulations 
(EEC) No 1408/71 and (EEC) No 574/72, and Regu­
lation (EEC) No 1661/85 (4), which lays down the 
technical adaptations to the Community rules on social 
security for migrant workers with regard to Greenland; 
whereas further technical adaptations must therefore be 
made to Regulations (EEC) No 1408/71 and (EEC) No 
574/72; 
Whereas pursuant to Article 27 of the Act of Accession, 
other adjustments necessitated by accession should be 
made to Regulations (EEC) No 1408/71 and (EEC) No 
(') OJNoL 149, 5. 7. 1971, p. 2. 
(2) OJNoL74, 27. 3. 1972, p. 1. 
O OJ No L 160, 20. 6. 1985, p. 1. 
(4) OJ No L 160, 20. 6. 1985, p. 7. 574/72, in particular in accordance with the guidelines 
set out in Annex II to that Act, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as 
follows : 
1. Article 95 is replaced by the following: 
Article 95 
Transitional provisions for self-employed persons 
1. No right shall be acquired under this Regulation 
in respect of a period prior to 1 July 1982 or to the 
date of its application in the territory of the Member 
State concerned. 
2. All insurance periods and, where appropriate, all 
periods of employment, of self-employment or of 
residence completed under the legislation of a 
Member State before 1 July 1982 or before the date 
of application of this Regulation in the territory of 
that Member State shall be taken into consideration 
for the determination of rights acquired under the 
provisions of this Regulation. 
3. Subject to the provisions of paragraph 1, a right 
shall be acquired under this Regulation even though it 
relates to a contingency which materialized prior to 1 
July 1982 or to the date of application of this Regu­
lation in the territory of the Member State concerned. 
4. Any benefit which has not been awarded or 
which has been suspended by reason of the nationality 
or place of residence of the person concerned shall, 
on the application of the person concerned, be 
26.3.86 Official Journal of the European Communities No C 71/9 
awarded or resumed with effect from 1 July 1982 or 
the date of application of this Regulation in the 
territory of the Member State concerned provided 
that the rights previously determined have not given 
rise to a lump-sum payment. 
5. The rights of a person to whom a pension was 
awarded prior to 1 July 1982 or to the date of 
application of this Regulation in the territory of the 
Member State concerned may, on the application of 
the person concerned, be reviewed, taking into 
account the provisions of this Regulation. This 
provision shall also apply to the other benefits 
referred to in Article 78. 
6. If an application referred to in paragraph 4 or 5 
is submitted within two years frpm 1 July 1982 or 
from the date of application of this Regulation in the 
territory of the Member State concerned, the rights 
acquired under this Regulation shall have effect from 
that date, and the provisions of the legislation of any 
Member State concerning the forfeiture or limitation 
of rights may not be invoked against the persons 
concerned. 
7. If an application referred to in paragraph 4 or 5 
is submitted after the expiry of the two-year period 
after 1 July 1982 or following the date of application 
of this Regulation in the territory of the Member 
State concerned, rights which have not been forfeited 
or are not barred by limitation shall have effect from 
the date on which the application was submitted, 
except where more favourable provisions of the 
legislation of any Member State apply.' 
2. In Annex III, Sections A and B are amended as 
follows: 
— in point 22, Germany—Spain, 'none' is replaced 
by 'Article 45 (2) of the Social Security 
Convention of 4 December 1973.' 
— in point 31, Spain—France, 'none' is replaced by 
'The exchange of letters of 28 November 1985 
concerning family benefits and the scale annexed 
thereto.' 
3. In Annex VII, point 7 is replaced by the following: 
'7. For the pension insurance scheme for self-
employed persons: where he is self-employed in 
Greece and gainfully employed in any other 
Member State.' 
Article 2 
Regulation (EEC) No 574/72 is hereby amended as 
follows: 
1. Article 118 is replaced by the following: 'Article 118 
Transitional provisions relating to pensions for 
employed persons 
1. Where the contingency arises before 1 October 
1972 or the date of application of this Regulation in 
the territory of the Member State concerned and the 
claim for pension has not yet been awarded before 
that date, such claim shall give rise to a double award, 
in as much as benefits must be granted, pursuant to 
such contingency, for a period prior to that date: 
(a) for the period prior to 1 October 1972 or to the 
date of application of this Regulation in the 
territory of the Member State concerned, in 
accordance with the provisions of Regulation No 
3 or of agreements in force between the Member 
States concerned; 
(b) for the period commencing on 1 October 1972 or 
on the date of its application in the territory of 
the Member State concerned, in accordance with 
the provisions of this Regulation. 
If, however, the amount calculated pursuant to the 
provisions referred to under (a) is greater than that 
calculated pursuant to the provisions referred to 
under (b), the person concerned shall continue to be 
entitled to the amount calculated pursuant to the 
provisions referred to under (a). 
2. A claim for invalidity, old age or survivors' 
benefits submitted to an institution of a Member State 
from 1 October 1972 or from the date of application 
of this Regulation in the territory of the Member 
State concerned shall automatically necessitate the 
reassessment of the benefits which have been awarded 
for the same contingency prior to that date by the 
institution or institutions of one or more of the other 
Member States, in accordance with the provisions of 
the Regulation.' 
2. Article 119 is replaced by the following: 
Article 119 
Transitional provisions relating to pensions for self-
employed persons 
1. Where the contingency arises before 1 July 1982 
or the date of application of this Regulation in the 
territory of the Member State concerned and the 
claim for pension has not yet been awarded before 
that date, such claim shall give rise to a double award, 
in as much as benefits must be granted, pursuant to 
such contingency, for a period prior to that date: 
(a) for the period prior to 1 July 1982 or to the date 
of application of this Regulation in the territory 
of the Member State concerned, in accordance 
with the provisions of this Regulation or of 
agreements in force between the Member States 
concerned before that date; 
NoC71/10 Official Journal of the European Communities 26.3.86 
(b) for the period commencing on 1 July 1982 or on 
the date of application of this Regulation in the 
territory of the Member State concerned, in 
accordance with the provisions of this Regulation. 
If, however, the amount calculated pursuant to the 
provisions referred to under (a) is greater than that 
calculated pursuant to the provisions referred to 
under (b), the person concerned shall continue to be 
entitled to the amount calculated pursuant to the 
provisions referred to under (a). 
2. A claim for invalidity, old age or survivors' 
benefits submitted to the institution of a Member 
State from 1 July 1982 or from the date of application 
of this Regulation in the territory of the Member 
State concerned shall automatically necessitate the 
reassessment of the benefits that have already been 
awarded for the same contingency prior to that date 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 167 (3) thereof, 
Having regard to the proposal from the Commission, 
Whereas on 2 November 1984 the Government of the 
Kingdom of Spain signed a sea fisheries agreement with 
the Government of the People's Republic of Angola for a 
period of one year; whereas that agreement continues to 
apply for further periods of six months unless notice of 
its denunciation has been given at least three months 
before the end of each such period; 
Whereas Article 167 (2) of the Act of Accession lays 
down that the provisions of fisheries agreements 
concluded by the Kingdom of Spain with third countries 
before accession to the European Economic Community 
shall not be affected during the period when the 
provisions of such agreements are provisionally main­
tained; 
Whereas the Kingdom of Spain, before its accession to 
the European Economic Community, renewed the 
agreement with the People's Republic of Angola for the 
period to 2 May 1986; by the institution or institutions of one or more of the 
other Member States, in accordance with the 
provisions of the Regulation; such reassessment may 
not give rise to any reduction in the amount of benefit 
awarded.' 
3. In Annex 1, section B, Denmark, point 4 is deleted. 
Article 3 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from 1 January 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Whereas under Article 167 (3) of the Act of Accession 
the Council is to adopt, before the expiry of the fisheries 
agreements concluded by the Kingdom of Spain with 
third countries, provisions appropriate for the 
continuation of fishing activities resulting therefrom, 
including the possibility of prolongation; 
Whereas, pending conclusion of a fisheries agreement 
between the European Economic Communities and the 
Government of the People's Republic of Angola, it is in 
the interests of the Community to authorize the 
Kingdom of Spain to renew for a further six months the 
sea fisheries agreement with the People's Republic of 
Angola, in order to avoid fishing by the Community 
vessels concerned being interrupted, 
HAS ADOPTED THIS DECISION: 
Article 1 
The Kingdom of Spain is authorized to extend, for the 
period 2 May to 2 November 1986, the fisheries 
agreement concluded on 2 November 1984 with the 
People's Republic of Angola. 
Article 2 
This Decision is addressed to the Kingdom of Spain. Proposal for a Council Decision authorizing the extension, for the period 2 May to 2 November 
1986, of the sea fisheries agreement between the Government of the Kingdom of Spain and the 
Government of the People's Republic of Angola 
COM(86) 98 final 
(Submitted by the Commission to the Council on 11 March 1986) 
(86/C 71/07)