Protocol to the Third ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities
Date: 1987-05-15
Institutions: African, Caribbean and Pacific Group of States, European Economic Community
Subjects: European convention, Portugal, Spain, protocol to an agreement













EUR-Lex - 21987A0630(01) - EN






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21987A0630(01)

Protocol to the Third ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities  


Official Journal L 172 , 30/06/1987 P. 0003 





PROTOCOLto the Third  ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portuguese Republic  to the European CommunitiesHIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, whose States are Contracting Parties to the Treaty establishing the European Coal and Steel  Community and the Treaty establishing the European Economic Community, andTHE COUNCIL AND THE  COMMISSION OF THE EUROPEAN COMMUNITIES, of the one part, andTHE HEADS OF THE ACP STATES, whose States are hereinafter referred to as 'ACP States', of the other part, HAVING REGARD to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984, and in particular  Article 284 thereof, WHEREAS the Kingdom of Spain and the Portuguese Republic acceded to the European Communities on1  January 1986, WHEREAS the requisite adjustments should therefore be made to the Convention and whereas the  transitional measures to be applied to trade between the new acceding States and ACP States should  be fixed, WHEREAS it is agreed that the scope of these measures shall be confined to the period of validity  of the Convention, including those transitional measures which may be adopted upon expiry of that  Convention, HAVE DECIDED to conclude this Protocol and to this end have designated as their Plenipotentiaries: HIS MAJESTY THE KING OF THE BELGIANS: HER MAJESTY THE QUEEN OF DENMARK: THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: THE PRESIDENT OF THE HELLENIC REPUBLIC: HIS MAJESTY THE KING OF SPAIN: THE PRESIDENT OF THE FRENCH REPUBLIC: THE PRESIDENT OF IRELAND: THE PRESIDENT OF THE ITALIAN REPUBLIC: HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG: HER MAJESTY THE QUEEN OF THE NETHERLANDS: THE PRESIDENT OF THE PORTUGUESE REPUBLIC: HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: THE COUNCIL AND THE COMMISSION OF THE EUROPEAN COMMUNITIES: THE HEADS OF THE ACP STATES: WHO, having exchanged their full powers, found in good and due form, HAVE AGREED AS FOLLOWS: Article 1The Kingdom of Spain and the Portuguese Republic shall become  Contracting Parties to the Convention and to the Declarations annexed to the Final Act signed at  Lomé on 8 December 1984. TITLE IADJUSTMENTSArticle 2The texts of the Convention, including the Annexes and Protocols  which form an integral part thereof, as well as the Declarations annexed to the Final Act, drawn up  in Portuguese and Spanish, shall be authentic in the same conditions as the original texts. Article 31.  The minimum quantity indicated in the second subparagraph of Article 2 (a) of  Protocol 5 on Rum shall be increased to 172 000 hectolitres of pure alcohol. 2.  The quotas and ceilings mentioned in point 8 of Annex XIII to the Final Act shall be increased  to the following levels for the products indicated below: >TABLE>Article 41.  Subject to the special provisions of paragraph 2, the customs  duties applicable to imports into the Community of the products listed below originating in the ACP  States shall, within the limit of the ceilings indicated, be reduced as follows: >TABLE>2.  Duties shall be gradually dismantled, as indicated in paragraph 1, over the  same periods and in accordance with the same timetables as those laid down in the Act of Accession  of Spain and Portugal for like products imported from those countries into the Community as  constituted on 31 December 1985. During this dismantling period and where customs duties applied to imports into the Community, as  constituted on 31 December 1985, of products from Spain and Portugal are different for the two  countries, the higher customs duty of the two shall be applied to products originating in the ACP  States. Article 5The following products shall be subject, on import into the Community, to the  following customs duties: >TABLE>TITLE IITRANSITIONAL MEASURESCHAPTER IPROVISIONS APPLICABLE TO THE KINGDOM  OF SPAINSection  IGeneral arrangementsArticle 61.  The Kingdom of Spain shall apply to imports  of products originating in the ACP States, other than those listed in Annex I, the same customs  duties as it applies tolike products from the Community as constituted on31 December 1985. 2.  The Kingdom of Spain shall gradually dismantle customs duties on imports originating in the ACP  States in accordance with the following timetable: - on 1 March 1986 each duty shall be reduced to 90 % of the basic duty; - on 1 January 1987 each duty shall be reduced to 77,5 % of the basic duty; - on 1 January 1988 each duty shall be reduced to 62,5 % of the basic duty; - on 1 January 1989 each duty shall be reduced to 47,5 % of the basic duty; - on 1 January 1990 each duty shall be reduced to 35 % of the basic duty; - on 1 January 1991 each duty shall be reduced to 22,5 % of the basic duty; - on 1 January 1992 each duty shall be reduced to 10 % of the basic duty; - the final 10 % reduction shall be made on 1 January 1993. 3.  For the purposes of applying the duties calculated in accordance with paragraph 2 they shall be  rounded down to one decimal place, by deleting the second decimal place. Article 71.  The basic duty for each product to which the successive reductions provided for in  Article 6 (2) shall be applied shall be the duty actually applied by the Kingdom of Spain vis-à-vis  the Community on 1 January 1985. 2.  By way of derogation from paragraph 1:in the case of products listed in Annex I, the basic duty  shall be the duty applied by the Kingdom of Spain vis-à-vis the ACP States on 1 January 1985;in the  case of the following products the basic duties shall be those indicated: >TABLE>Article 8Should the Kingdom of Spain suspend customs duties on imports from the  Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged under the  timetable laid down, it shall also suspend or reduce by the same percentage the customs duties  applying to like products originating in the ACP States, other than products listed in Annex I. Article 91.  The Kingdom of Spain shall apply quantitative import restrictions: - until 31 December 1988 for the products listed inAnnex II, - until 31 December 1989 for the products listed inAnnex III. Until 31 December 1989 the Kingdom of Spain may also apply quantitative import restrictions to  products listed in Annex IV, provided it applies similar measures vis-à-vis non-preferential third  countries. 2.  The restrictions referred to in paragraph 1 shall take the form of global quotas open to all  ACP States. 3.  The initial quotas are indicated in Annex II, Annex III or Annex IV, as appropriate. The quotas listed in Annexes II and IV and quotas 1 to 5 and 10 to 14 in Annex III shall be  gradually increased at the beginning of each year by 25 % in the case of value quotas and 20 % in  the case of volume quotas. Each successive increase shall be added to the quota and the following  increase calculated on the basis of the total thus obtained. Quotas 6 to 9 in Annex III shall be increased by: - 13 % on 1 January 1986, - 18 % on 1 January 1987, - 20 % on 1 January 1988, - 20 % on 1 January 1989. 4.  Where it is found that Spanish imports of a product listed in Annex II, Annex III or Annex IV  have been less than 90 % of the quota level in two consecutive years, imports of that product  originating in the ACP States shall be liberalized at the beginning of the year following the two  years in question provided the product concerned is at that time liberalized vis-à-vis the  Community as constituted on31 December 1985. Should the Kingdom of Spain liberalize imports from the Community as constituted on 31 December  1985 of a product listed in Annex II or Annex III, or increase a quota applicable to the Community  as constituted on 31 December 1985 by more than the minimum percentage indicated in paragraph 3, it  shall also liberalize imports of that product from the ACP States, or increase the global quota  proportionately. 5.  The Kingdom of Spain shall administer the quotas referred to in paragraph 2 in accordance with  the same rules and administrative practices it applies to imports of products originating in the  Community as constituted on 31 December 1985. Article 10For products covered by Regulation (EEC) N° 3033/80 and originating in the ACP States,  the Kingdom of Spain: - as from 1 March 1986, shall dismantle the customs duty constituting the fixed component of the  charge in accordance with the timetable indicated in Article 6 (2), starting from the basic duty  indicated in Annex V, - in respect of the variable component of the charge, shall immediately apply the preferential  rates provided for in the Convention. Section IIProducts listed in Annex II to the Treaty establishing the European Economic  CommunityArticle 111.  For products listed in Annex II to the Treaty establishing the European  Economic Community, subject to the special provisions laid down below, the Kingdom of Spain shall  apply a duty which reduces the difference between the basic duty and the preferential duty in  accordance with the following timetable: - on 1 March 1986 the difference shall be reduced to 87,5 % of the initial difference, - on 1 January 1987 the difference shall be reduced to 75,0 % of the initial difference, - on 1 January 1988 the difference shall be reduced to 62,5 % of the initial difference, - on 1 January 1989 the difference shall be reduced to 50,0 % of the initial difference, - on 1 January 1990 the difference shall be reduced to 37,5 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 25,0 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 12,5 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1993. However, the following products originating in the ACP States may be imported into Spain duty-free  with immediate effect: ALL:L172UMBE02.94FF: 8UEN;   SETUP: 01;   Bediener: JUTT;   MC: F;   Pr.: C; Kunde: 39355 Montan L 172 England      >TABLE>29. 6. 89Official Journal of the  European Communities2.  For products falling within Regulation (EEC)N° 805/68, customs duty shall  be gradually aligned on preferential rates in eight steps of 12,5 % at the start of each of the  eight marketing years following the accession of the Kingdom of Spain to the European Communities. 3.  The Kingdom of Spain shall postpone implementation of the preferential arrangements for olive  oil, oil seeds and oleaginous fruit falling within Regulation 136/66/EEC, and for products derived therefrom, until 31 December 1990. As from 1 January 1991, the Kingdom of Spain shall apply to these products a duty which reduces the  difference between the duty actually applied on 31 December 1990 and the preferential duty in  accordance with the following timetable: - on 1 January 1991 the difference shall be reduced to 83,3 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 66,6 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 49,9 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 33,2 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 16,5 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1996. 4.  The Kingdom of Spain shall postpone implementation of the preferential arrangements for fruit  and vegetables falling within Regulation (EEC) N° 1035/72 until31 December 1989. As from 1 January 1990, the Kingdom of Spain shall apply to these products a duty which reduces the  difference between the duty actually applied on 31 December 1989 and the preferential duty in  accordance with the following timetable: - on 1 January 1990 the difference shall be reduced to 85,7 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 71,4 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 57,1 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 42,8 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 28,5 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 14,2 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1996. 5.  The Kingdom of Spain shall apply to fishery products falling within heading N° or subheading  03.01, 03.02, 03.03, 05.15 A, 16.04, 16.05 and 23.01 B of the Common Customs Tariff a duty which reduces the  difference between the basic duty and the preferential duty in accordance with the timetable laid  down in paragraph 1. However, for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs  Tariff, the Kingdom of Spain shall apply a duty which reduces the difference between the basic duty  and the preferential duty in accordance with the following timetable: - on 1 March 1986 the difference shall be reduced to 90,9 % of the initial difference, - on 1 January 1987 the difference shall be reduced to 81,8 % of the initial difference, - on 1 January 1988 the difference shall be reduced to 72,7 % of the initial difference, - on 1 January 1989 the difference shall be reduced to 63,6 % of the initial difference, - on 1 January 1990 the difference shall be reduced to 54,5 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 45,4 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 36,3 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 27,2 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 18,1 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 9,0 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1996. 6.  For the purposes of paragraphs 1 and 5, the basic duty shall be that defined in Article 7 (1).  However, the basic duty for domestic rabbits falling within subheading 01.06 A of the Common  Customs Tariff shall be 6,5 %. Article 12The Kingdom of Spain shall apply with immediate effect the non-tariff benefits, and in  particular the levy reductions, accorded by the Community to products originating in the ACP  States. Article 131.  The Kingdom of Spain may apply quantitative restrictions to imports of products  originating in the ACP States: (a)  until 31 December 1989 in respect of the products listed in Annex VI; (b)  until 31 December 1995 in respect of the products listed in Annex VII; (c)  in respect of products subject under Article 81 of the Act of Accession to the supplementary  mechanism applicable to imports into Spain from the Community as constituted on 31 December 1985,  other than products falling within Regulation (EEC) N° 1035/72. 2.  Until 31 December 1990 the Kingdom of Spain shall apply quantitative restrictions to imports of  products originating in the ACP States and referred to: - in Article 1 (2) (a) of Regulation 136/66/EEC other than soya beans falling within subheading ex  12.01 B of the Common Customs Tariff, - in Article 1 (2) (b) of Regulation N° 136/66/EEC other than products falling within subheadings  15.17 B II and 23.04 B of the Common Customs Tariff. 3.  Until 31 December 1992 the Kingdom of Spain may retain quantitative restrictions on imports of  products listed in Annex VIII originating in the ACP States. 4.  The restrictions laid down in paragraphs 1 and 3 shall take the form of global quotas open to  all third countries. Should, however, use of these quotas by other third countries prevent the ACP  States from benefiting from them, the Community may, at the reasoned request of the latter, provide  for special quotas within the global quotas. Article 141.  In the case of products originating in the ACP States which are not subject on 1  March 1986 to a common organization of the market, the provisions of Articles 130 (1) and 131 (1)  of the Convention concerning the elimination of charges having equivalent effect to customs duties  and the abolition of quantitative restrictions and measures having equivalent effect shall not  apply to such charges, restrictions or measures where they form an integral part of a national  organization of the market in Spain at the time of accession. These provisions shall apply only until a common organization of the market is established for such  products or until 31 December 1995, whichever is the earlier, and only in so far as is strictly  necessary to ensure the functioning of the national organization. 2.  By way of derogation from paragraph 1, the Kingdom of Spain may retain quantitative  restrictions on imports ofbananas originating in the ACP States and falling within subheading  08.01 B of the Common Customs Tariff until a common organization of the market is established for  such products. Section IIICanary Islands and Ceuta and MelillaArticle 151.  Without prejudice to the following  provisions, the arrangements for trade between the Canary Islands and Ceuta and Melilla on the one  hand and the ACP States on the other shall be the same as those for trade between the Community and  the ACP States, provided the ACP States accord products originating in the Canary Islands and Ceuta  and Melilla the same treatment they accord those from the Community. 2.  Customs duties existing in the Canary Islands and Ceuta and Melilla with regard to products  other than those listed in Annex II to the Treaty establishing the European Economic Community and  the charge known as 'arbitrio insular - tarifa general' existing in the Canary Islands shall be  dismantled in respect of products originating in the ACP States and in accordance with the  timetable and arrangements indicated in Articles 6, 7 and 8. 3.  Customs duties existing in the Canary Islands and Ceuta and Melilla with regard to products  listed in Annex II to the Treaty establishing the European Economic Community and originating in  the ACP States shall be aligned progressively on the preferential duties applied by the Community  in respect of such products, subject to the proviso that those territories may accord more  favourable treatment to such products than the Community does. In no case shall duties be dismantled at a faster rate or otherwise than is laid down in Articles  6, 7 and 8. 4.  The charge known as 'arbitrio insular - tarifa especial' in the Canary Islands shall be  abolished with immediate effect in respect of products originating in the ACP States. However, the said charge may be retained in respect of imports of the products listed in Annex IX  at 90 % of the rate therein indicated, provided the lower rate is applied uniformly to all imports  of the products in question originating in all the ACP States. The charge shall be abolished when  it is abolished vis-à-vis the Community. The said charge may at no time be higher than the Spanish customs tariff as amended with a view to  the phasing-in of the Common Customs Tariff. Section IVProducts falling within the Treaty establishing the European Coal and Steel  CommunityArticle 161.  The Kingdom of Spain shall apply to products falling within the Treaty  establishing the European Coal and Steel Community and originating in the ACP States the same  customs duties as it applies to like products from the Community as constituted on 31 December  1985. 2.  The Kingdom of Spain shall gradually dismantle customs duties on imports of the products  mentioned in paragraph 1 and originating in the ACP States in accordance with the timetable laid  down in Article 6 (2) starting from the basic duty as defined in Article 7 (1). CHAPTER IIPROVISIONS APPLICABLE TO THE PORTUGUESE REPUBLICSection IGeneral arrangementsArticle  171.  The Portuguese Republic shall abolish customs duties on imports of products originating in  the ACP States with immediate effect. 2.  By way of derogation from paragraph 1, the Portuguese Republic shall gradually dismantle  customsduties on imports originating in the ACP States of the products listed in Annex X in  accordance with the following timetable: - on 1 March 1986 each duty shall be reduced to 90 % of the basic duty, - on 1 January 1987 each duty shall be reduced to 80 % of the basic duty, - on 1 January 1988 each duty shall be reduced to 65 % of the basic duty, - on 1 January 1989 each duty shall be reduced to 50 % of the basic duty, - on 1 January 1990 each duty shall be reduced to 40 % of the basic duty, - on 1 January 1991 each duty shall be reduced to 30 % of the basic duty, - the final two 15 % reductions shall be made on 1 January 1992 and 1 January 1993. 3.  For the purpose of applying the duties calculated in accordance with paragraph 2 they shall be  rounded down to one decimal place, by deleting the second decimal place. Article 181.  The basic duty for each product to which the successive reductions provided for in  Article 17 (2) shall be applied shall be the duty actually applied by the Portuguese Republic  vis-à-vis the ACP States on 1 January 1985. 2.  By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties  on the products listed below starting from the duties which had actually applied vis-à-vis the  Community on 1 January 1985: >TABLE>29. 6. 89Official Journal of the European Communities3.  By way of derogation  from paragraph 1, the Portuguese Republic shall dismantle customs duties on the products listed in  Annex XI starting from the basic duties indicated in that Annex for each product, provided the said  duties are higher than the duties actually applied by the Portuguese Republic vis-à-vis the ACP  States on 1 January 1985. Article 19Should the Portuguese Republic suspend customs duties on imports from the Community as  constituted on 31 December 1985 or reduce them more rapidly than envisaged in the timetable laid  down, it shall also suspend or reduce by the same percentage the customs duties applying to like  products originating in the ACP States, other than products listed in Annex X Section B. Article 201.  Charges having equivalent effect to customs duties applied by the Portuguese  Republic to imports originating in the ACP States shall be abolished. 2.  The following charges applied by the Portuguese Republic to trade with the ACP States shall be  gradually dismantled in accordance with the timetable indicated: (a)  the 0,4 % ad valorem charge applied: - to goods imported temporarily, - to reimported goods (other than containers), - to goods imported under inward processing arrangements allowing drawback of duties paid on the  import goods following export of the products obtained, shall be: - reduced to 0,2 % on 1 January 1987 and- abolished on 1 January 1988; (b)  the 0,9 % ad valorem charge applied to goods imported for home use shall be: - reduced to 0,6 % on 1 January 1989, - reduced to 0,3 % on 1 January 1990, and- abolished on 1 January 1991. Article 211.  The Portuguese Republic shall, with immediate effect, abolish customs duties of a  fiscal nature or the fiscal component of customs duties existing at that date on imports from the  ACP States. 2.  In the case of the products listed in Annex XII, the customs duties of a fiscal nature or  fiscal component of customs duties applied by the Portuguese Republic shall be eliminated in  accordance with the timetable laid down in Article 17 (2). 3.  Should the Portuguese Republic exercise the option open to it under Article 196 (3) of the Act  of Accession of replacing a customs duty of a fiscal nature or fiscal component of such a duty by  an internal charge, such component as is not covered by that charge shall represent the basic duty  to which the successive reductions shall be applied. That component shall be dismantled in trade  with the ACP States in accordance with the timetable laid down in Article 17 (2). Article 22Until 31 December 1987 the Portuguese Republic shall retain quantitative restrictions  on imports from the ACP States of motor vehicles subject to the special arrangements agreed between  the Community and the Portuguese Republic in accordance with Protocol 18 to the Act of Accession. Article 23For the products covered by Regulation (EEC) N° 3033/80 and originating in the ACP  States, the Portuguese Republic: - shall gradually dismantle the customs duty constituting the fixed component of the charge in  accordance with the timetable indicated in Article 17 (2), starting from the basic duty indicated  in Annex XIII, - in respect of the variable component of the charge, shall apply the preferential rates provided  for in the Convention as from the date in the first year of the second stage of the transitional  arrangements on which the second-stage rules come into force in respect of the commodities whose  marketing year starts the latest. Section IIProducts listed in Annex II to the Treaty establishing the European Economic  CommunityArticle 241.  For products listed in Annex II to the Treaty establishing the European  Economic Community, starting on 1 March 1986 and subject to the special provisions laid down below,  the Portuguese Republic shall apply a duty which reduces the difference between the basic duty and  the preferential duty in accordance with the following timetable: - on 1 March 1986 the difference shall be reduced to 90,9 % of the initial difference, - on 1 January 1987 the difference shall be reduced to 81,8 % of the initial difference, - on 1 January 1988 the difference shall be reduced to 72,7 % of the initial difference, - on 1 January 1989 the difference shall be reduced to 63,6 % of the initial difference, - on 1 January 1990 the difference shall be reduced to 54,5 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 45,4 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 36,3 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 27,2 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 18,1 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 9,0 % of the initial difference. The Portuguese Republic shall apply the preferential rates in full as from 1 January 1996. 2.  For the products listed in Annex XIV, the Portuguese Republic shall apply a duty which reduces  the difference between the basic duty and the preferential duty in accordance with the following  timetable: - on 1 March 1986 the difference shall be reduced to 87,5 % of the initial difference, - on 1 January 1987 the difference shall be reduced to 75,0 % of the initial difference, - on 1 January 1988 the difference shall be reduced to 62,5 % of the initial difference, - on 1 January 1989 the difference shall be reduced to 50,0 % of the initial difference, - on 1 January 1990 the difference shall be reduced to 37,5 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 25,0 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 12,5 % of the initial difference. The Portuguese Republic shall apply the preferential rates in full as from 1 January 1993. 3.  The following products originating in the ACP States may be imported into Portugal duty-free  with immediate effect: >TABLE>29. 6. 89Official Journal of the European Communities4.  The Portuguese Republic  shall postpone implementation of the preferential arrangements for olive oil, oil seeds and  oleaginous fruits falling within Regulation N° 136/66/EEC, and for products derived therefrom,  until 31 December 1990. From 1 January 1991 the Portuguese Republic shall apply a duty which reduces the difference between  the duty actually in force on 31 December 1990 and the preferential duty in accordance with the  following timetable: - on 1 January 1991 the difference shall be reduced to 83,3 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 66,6 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 49,9 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 33,2 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 16,5 % of the initial difference. The Portuguese Republic shall apply preferential rates in full as from 1 January 1996. 5.  The Portuguese Republic shall postpone implementation of the preferential arrangements for  products covered by the following Regulations until the beginning of the second stage as defined in  Article 260 of the Act of Accession: - Regulation (EEC) N° 804/68 on the common organization of the market in milk and milk products, - Regulation (EEC) N° 805/68 on the common organization of the market in beef and veal, - Regulation (EEC) N° 1035/72 on the common organization of the market in fruit and vegetables, - Regulation (EEC) N° 2727/75 on the common organization of the market in cereals, - Regulation (EEC) N° 2759/75 on the common organization of the market in pigmeat, - Regulation (EEC) N° 2771/75 on the common organization of the market in eggs, - Regulation (EEC) N° 2777/75 on the common organization of the market in poultrymeat, - Regulation (EEC) N° 1418/76 on the common organization of the market in rice, - Regulation (EEC) N° 822/87 on the common organization of the market in wine. Glucose and lactose falling within Regulation (EEC)N° 2730/75 and ovalbumin falling within  Regulation (EEC)N° 2783/75 shall be subject to the transitional arrangements applying to the  corresponding agricultural products. From the beginning of the second stage the Portuguese Republic shall apply a duty which reduces the  difference between the duty actually applied at the end of the first stage and the preferential  duty in accordance with the following timetable: ii(i)  where the second stage lasts for five years: - on 1 January 1991 the difference shall be reduced to 83,3 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 66,6 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 49,9 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 33,2 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 16,5 % of the initial difference; I(ii)  where the second stage lasts for seven years: - on 1 January 1989 the difference shall be reduced to 87,5 % of the initial difference, - on 1 January 1990 the difference shall be reduced to 75 % of the initial difference, - on 1 January 1991 the difference shall be reduced to 62,5 % of the initial difference, - on 1 January 1992 the difference shall be reduced to 50 % of the initial difference, - on 1 January 1993 the difference shall be reduced to 37,5 % of the initial difference, - on 1 January 1994 the difference shall be reduced to 25 % of the initial difference, - on 1 January 1995 the difference shall be reduced to 12,5 % of the initial difference; (iii)  The Portuguese Republic shall apply the preferential rates in full as from 1 January 1996. 6.  The Portuguese Republic shall apply to fishery products falling within heading Nos or  subheadings 03.01, 03.02, 03.03, 05.15 A, 16.04, 16.05 und 23.01 B of the Common Customs Tariff, a  duty which reduces the difference between the basic duty and the preferential duty in accordance  with the timetable laid down in paragraph 2. However, for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs  Tariff, starting on 1 March 1986 the Portuguese Republic shall apply a duty which reduces the  difference between the basic duty and the preferential duty in accordance with the timetable laid  down in paragraph 1. 7.  For the purposes of paragraphs 1 and 6 the basic duty shall be that defined in Article 18 (1). Article 251.  For the products originating in the ACP States the Portuguese Republic shall apply  with immediate effect the arrangements resulting from the Convention as regards non-tariff benefits  and more specifically levy reductions. 2.  By way of derogation from paragraph 1, the Portuguese Republic shall postpone application of  the above arrangements in respect of the products referred to in Article 24 (5) until the start of  the second stage as defined in Article 260 of the Act of Accession. Article 261.  Until 31 December 1992 the Portuguese Republic may apply quantitative restrictions  to imports of the products listed in Annex XV originating in the ACP States. 2.  Until 31 December 1995, the Portuguese Republic may retain quantitative restrictions for  imports of the products listed in Annex XVI and originating in the ACP States. 3.  Until 31 December 1990 the Portuguese Republic shall apply quantitative restrictions to imports  originating in the ACP States of oil seeds, oleaginous fruits, flour from which the oil has not  been extracted and all vegetable oils other than olive oil. 4.  Until 31 December 1992 the Portuguese Republic may retain quantitative restrictions for the  products listed in Annex XVII and originating in the ACP States. 5.  The restrictions laid down in paragraphs 1, 2 and 4 shall take the form of global quotas open  to all third countries. Should, however, use of these quotas by other third countries prevent the  ACP States from benefiting from them, the Community may, at the reasoned request of the latter,  provide for special quotas within the global quotas. Article 27In the case of products originating in the ACP States which are not subject on 1 March  1986 to a common organization of the market, the provisions of Articles 130 (1) and 131 (1) of the  Convention concerning the elimination of charges having equivalent effect to customs duties and the  abolition of quantitative restrictions and measures having equivalent effect shall not apply to  such charges, restrictions or measures where they form an integral part of a national organization  of the market in Portugal at the time of accession. These provisions shall apply only until a common organization of the market is established for such  products or until 31 December 1995, whichever is the earlier, and only insofar as is strictly  necessary to ensure the functioning of the national organization. Section IIIProducts falling within the Treaty establishing the European Coal and Steel  CommunityArticle 281.  The Portuguese Republic shall, with immediate effect, abolish customs  duties on imports originating in the ACP States of products falling within the European Coal and  Steel Community. 2.  By way of derogation from paragraph 1, the Portuguese Republic shall gradually dismantle  customs duties on imports of the following products in accordance with the timetable set out in  Article 17 (2): >TABLE>29. 6. 89Official Journal of the European CommunitiesArticle 291.  The basic  duty for each product, to which the successive reductions provided for in Article 28 (2) shall be  applied, will be the duty actually applied by the Portuguese Republic vis-à-vis the ACP States on 1  January 1985. 2.  By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties  on products falling within subheading ex 73.13 B IV ex d) of theCommon Customs Tariff starting  from a basic duty of 20 %, provided the said duties are higher than the duties referred to in  paragraph 1. Article 30Fiscal duties and charges having equivalent effect to customs duties applied by the  Portuguese Republic to imports of the products listed in Article 28 (1) and originating in the ACP  States shall be abolished in accordance with the provisions of Article 20. TITLE IIIGENERAL AND FINAL PROVISIONSArticle 31The Customs Cooperation Committee specified in  Article 28 of Protocol 1 to the Convention maymake such adjustments to the rules of origin as are  necessitated by the accession of the Kingdom of Spain and the Portuguese Republic to the European  Communities. Article 32The Annexes to this Protocol shall form an integral part thereof. This Protocol shall  form an integral part of the Convention. Article 33This Protocol shall be approved by the Contracting Parties in accordance with their own  procedures. It shall come into force on the first day of the second month following notification of  the completion of the procedures by the Contracting Parties. Article 34This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, French,  German, Greek, Italian, Portuguese and Spanish languages, each of those texts being equally  authentic. ALL:L172UMBE2D.98FF: 8UEN;   SETUP: 01;   Bediener: JUTT;   MC: F;   Pr.: C; Kunde:                                  ANNEX I List provided for in Article 6 (1) >TABLE> ANNEX II List provided for in Article 9 (1), second indent >TABLE> ANNEX III List provided for in Article 9 (1), second indent >TABLE> ANNEX IV List provided for in Article 9 (2), second indent >TABLE> ANNEXE V List provided for in Article 10 >TABLE> ANNEX VI List provided for in Article 13 (1) (a) >TABLE> ANNEX VII List provided for in Article 13 (1) (b) >TABLE> ANNEX IX List provided for in Article 15 (4) >TABLE> ANNEX X  List provided for in Article 17 (2)  A. Sensitive products vis-à-vis the  Community, as presently constituted >TABLE>B. Products considered sensitive vis-a-vis  ACP States >TABLE> ANNEX XI List provided for in Article 18 (3) >TABLE> ANNEX XII List provided for in Article 21 (2) >TABLE> ANNEX XIII List provided for in Article 23 >TABLE> ANNEX XIV List provided for in Article 24 (2) >TABLE> ANNEX XV List provided for in Article 26 (1) >TABLE> ANNEX XVI List provided for in Article 26 (2) >TABLE> ANNEX XVII List provided for in Article 26 (4) >TABLE> ANNEX XVIII  JOINT DECLARATION  on the transitional measures applicable to imports into  Spain and Portugal of products originating in the ACP States   The Contracting Parties agree that  the transitional measures applicable to imports into Spain and Portugal of products originating in  the ACP States as fixed by the Protocol to the Third ACP-EEC Convention consequent on the Accession  of the Kingdom of Spain and the Portuguese Republic to the European Communities will, during the  periods laid down by that Protocol, also apply within the framework of any Convention that may  replace this Convention. ANNEX XIX  COMMUNITY DECLARATION on rice and sugar   The Community agrees to continue  with the ACP States, under the appropriate provisions of the Convention and in particular Article  130 (2) (c), the examination of requests made by the ACP States as regards rice and sugar. EWG:L172UMBE29.95FF: 8UEN;   SETUP: 01;   Hoehe: 258 mm;   24 Zeilen;   959 Zeichen; Bediener:  UTE0   Pr.: C; Kunde: 39355 Montan L 172 England