CELEX: 51986PC0084
Language: en
Date: 1986-02-24
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN CERTAIN CONDITIONS REGARDING THE APPLICATION IN PORTUGAL OF REGULATION ( EEC ) NO 797/85 ON IMPROVING THE EFFICIENCY OF AGRICULTURAL STRUCTURES

26.3.86                                       Official Journal of the European Communities                                  No C 71/7
                                                                     II
                                                             (Preparatory Acts)
                                                        COMMISSION
                Proposal for a Council Regulation (EEC) laying down certain conditions regarding the
                application in Portugal of Regulation (EEC) No 797/85 on improving the efficiency of agri-
                                                            cultural structures
                                                             COM(86) 84 final
                                      (Submitted by the Commission to the Council on 4 March 1986)
                                                               (86/C 71/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 HAS ADOPTED THIS REGULATION:
                                                                                                     Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                          Portugal is hereby authorized to fix the reference income
thereof,                                                                  referred to in Article 2 (3) of Regulation (EEC) No
                                                                          797/85 at the level of the average gross wage of non-
                                                                          agricultural workers in the Community.
Having regard to the proposal from the Commission,
                                                                                                     Article 2
Having regard to the opinion of the European Par-                         The Commission may, in accordance with the procedure
liament,                                                                  laid down in Article 25 of Regulation (EEC) No 797/85,
                                                                          authorize Portugal to apply the provisions of Article
                                                                          6 (1) to (4) of that Regulation to groups of holdings
Whereas Protocol 24 to the Act of Accession provides                      even where only two-thirds of the members meet the
that, as from the date of accession and in accordance                     requirement laid down in Article 2 (1) (a) of that Regu-
with the objectives of the common agricultural policy,                    lation.
joint action must be embarked upon which comprises a
specific development programme adapted to the special                     The Commission shall at the same time lay down the
structural conditions and specific requirements of                        specific conditions for granting aid to such groups.
Portuguese agriculture;
                                                                                                     Article 3
Whereas such a programme must be accompanied by                           Portugal is hereby authorized to grant to holdings in the
effective application of the measures provided for in                     autonomous region of Madeira the aids referred to in
 Council Regulation (EEC) No 797/85 (') as amended by                     Articles 4 and 8 of Regulation (EEC) No 797/85 in the
 Regulation (EEC) No 3827/85 ( 2 );                                       case of pig-farming even where the condition laid down
                                                                          in Article 3 (4) of that Regulation with regard to fodder
                                                                          production is not met.
Whereas, however, some of the conditions laid down in
 that Regulation are not in keeping with the special
 structural conditions and specific requirements of                                                  Article 4
 Portuguese agriculture; whereas, accordingly, a number
                                                                          Portugal is hereby authorized to grant the premiums on
 of adjustments to, or derogations from, the Regulation
                                                                          the first installation referred to in Article 7 (1) of Regu-
 are called for, in particular as regards eligibility under
                                                                          lation (EEC) No 797/85 even where the holding on
 the various schemes and the improvements which the
                                                                          which the young farmer's installation takes place requires
 agricultural holdings will be expected to achieve,
                                                                           a volume of work equivalent to only V2 MWU or more.
                                                                                                     Article 5
 (') O J N o L 9 3 , 30. 3. 1985, p. 1.                                   The compensatory allowance referred to in Article 14 of
 O OJ No L 372, 31. 12. 1985, p. 1.                                        Regulation (EEC) No 797/85 may be granted to farmers
 ---pagebreak---  No C 71/8                                      Official Journal of the European Communities                                   26. 3. 86
 with at least one hectare of UAA in mainland Portugal                                                 Article 7
 and to farmers with at least 0,5 ha of UAA in the auton-
 omous regions of Madeira and the Azores.                                  This Regulation shall enter into force on the third day
                                                                           following its publication in the Official Journal of the
                                                                           European Communities.
                               Article 6
                                                                           It shall apply with effect from 1 January 1986.
 Aid granted by Portugal under this Regulation shall be
 eligible under Article 26 of Regulation (EEC) No                          This Regulation shall be binding in its entirety and
 797/85, on the terms laid down therein.                                   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,                                   574/72, in particular in accordance with the guidelines
                                                                           set out in Annex II to that Act,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 51 and                      HAS ADOPTED THIS REGULATION:
235 thereof,
                                                                                                      Article 1
Having regard to the Act of Accession of Spain and
Portugal, and in particular Articles 27 and 396 thereof,                   Regulation (EEC) No 1408/71 is hereby amended as
                                                                           follows :
Having regard to the proposal from the Commission,
                                                                           1. Article 95 is replaced by the following:
Having regard to the opinion of the European Par-                               Article 95
liament,
                                                                                  Transitional provisions for self-employed persons
Whereas Council Regulations (EEC) No 1408/71 (')                               1.     No right shall be acquired under this Regulation
and (EEC) No 574/72 (2) are subject to the technical                           in respect of a period prior to 1 July 1982 or to the
adaptations set out in Chapter VIII (1) and (2) of Annex                       date of its application in the territory of the Member
I to the Act of Accession;                                                     State concerned.
Whereas on 13 June 1985 the Council adopted Regu-                              2.     All insurance periods and, where appropriate, all
lation (EEC) No 1660/85 (3) amending Regulations                              periods of employment, of self-employment or of
(EEC) No 1408/71 and (EEC) No 574/72, and Regu-                               residence completed under the legislation of a
lation (EEC) No 1661/85 (4), which lays down the                               Member State before 1 July 1982 or before the date
technical adaptations to the Community rules on social                         of application of this Regulation in the territory of
security for migrant workers with regard to Greenland;                        that Member State shall be taken into consideration
whereas further technical adaptations must therefore be                       for the determination of rights acquired under the
made to Regulations (EEC) No 1408/71 and (EEC) No                             provisions of this Regulation.
574/72;
                                                                               3.     Subject to the provisions of paragraph 1, a right
                                                                              shall be acquired under this Regulation even though it
Whereas pursuant to Article 27 of the Act of Accession,                       relates to a contingency which materialized prior to 1
other adjustments necessitated by accession should be                         July 1982 or to the date of application of this Regu-
made to Regulations (EEC) No 1408/71 and (EEC) No
                                                                              lation in the territory of the Member State concerned.
(') O J N o L 149, 5. 7. 1971, p. 2.                                          4.     Any benefit which has not been awarded or
(2) O J N o L 7 4 , 27. 3. 1972, p. 1.                                        which has been suspended by reason of the nationality
O   OJ No L 160, 20. 6. 1985, p. 1.                                           or place of residence of the person concerned shall,
(4) OJ No L 160, 20. 6. 1985, p. 7.                                           on the application of the person concerned, be