CELEX: 11985I/PRO/18
Language: en
Date: 1985-06-12 00:00:00
Title: DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, PROTOCOL 18 ON THE ARRANGEMENTS FOR THE IMPORT INTO PORTUGAL OF MOTOR VEHICLES COMING FROM OTHER MEMBER STATES

456                                      Official Journal of the European Communities                                       15 . 11.85
          lowing year up to 8,75 % of the quantities concerned               — categories 33 and 90, between each other,
          for the actual year of application. An additional                  — within heading No 59.04, between sisal and synthetic
          carry-over may be authorized by the Commission at                       textile fibres, except for Italy and Denmark, for
          the request of the Portuguese authorities.                              which the transfer may be 100 %.
                                                                             These transfers shall be made on the basis of the follow­
(b) Between categories :                                                     ing equivalents :
     transfers from one category to another up to 10 % of the
     level of the category to which the said transfer is made.                 Category              Piece/kg          Grams/piece
     This provision shall apply to the following operations :
                                                                                   4                   6,48                 154
     — categories 2 and 3 between each other, excepting
          Benelux, for which the transfer may be 100 %,                            5                   4,53                221
     — categories 2 or 3 to 9, 19, 20, 39,                                         6                    1,76                568
     — categories 4, 5, 7, 8, between each other,                                  7                   5,55                 180
     — categories 6 and 8, between each other, only for the                        8                   4,60                 217
          United Kingdom,
                                                               ANNEX E
                                         by the Community as at present constituted and Portugal
                For the application of the provisions of Annex B, it is understood that goods of Portuguese origin can­
               not be considered as originating in the Community within the meaning of Regulation (EEC) No 802/68.
                                                              Protocol 18
                 on the arrangements for the import into Portugal of motor vehicles coming from other Member
                                                                States
                             Article 1                                               Timetable                    Annual quota
The arrangements defined in the following Articles                      1 January 1986                             440 units
shall apply to the assembly and import of motor vehi­                   1 January 1985                             550 units
cles, regardless of engine type, for the carriage of per­
sons and goods.
                                                                        Within that quota, no make of vehicle may be allotted
                                                                        more than one-quarter of the volume fixed.
                             Article 2
                                                                        Each make shall have the right to be allotted a mini­
 1 . As from 1 January 1986, the Portuguese Republic                    mum quota of 20 units .
shall open the annual import quotas given in Annex A
for motor vehicles imported ready-assembled, hereinaf­
                                                                                                    Article 3
ter referred to as 'CBU', originating in other Member
States, of a gross weight less than 3 500 kg.
                                                                        As from 1 January 1986, the Portuguese Republic shall
2. The list given in Annex A may be amended by the                      open annual import quotas for CBU motor vehicles ori­
Council acting by a qualified majority on a proposal                    ginating in other Member States of a gross weight grea­
from the Commission.                                                    ter than 3 500 kg, as shown below :
3. As from 1 January 1986, the Portuguese Republic                                   Timetable                    Annual quota
shall open an annual import quota for CBU motor
vehicles originating in other Member States, of a gross                  1 January 1986                            660 units
weight less than 3 500 kg, other than those referred to in               1 January 1987                            770 units
the list in Annex A, as shown below :
 ---pagebreak---  15 . 11 . 85                           Official Journal of the European Communities                                         457
                            Article 4                                   tas per make shall be conditional on the export of
                                                                        motor vehicles or vehicle components on the basis of
 1 . As from 1 January 1986, for vehicles imported in                  the value added in Portugal of such exports.
the non-assembled state, hereinafter referred to as
'CKD', of a gross weight less than 2 000 kg for the car­
riage of persons, the Portuguese Republic shall open                                                    Article 5
one quota per Community make at the beginning of *"
each year, by reference to the basic quotas allotted in
 1985 and given in Annex B.                                             1 . For exporters which have already used all their
                                                                        basic quotas pursuant to Article 4, additional CKD
                                                                        quotas shall be granted during the year on the basis of
2. The quotas per Community make shall be updated                       the value added in Portugal of motor vehicles or motor
annually. To that end, a corrective factor shall be
                                                                        vehicle components exported.
applied to them, in order to compensate for the
increase in price in Portugal and the trend of produc­
tion prices of CKD motor vehicles.                                      Additional quotas shall be allotted on the basis of the
                                                                        coefficients given in Annex C.
The sum of all the quotas per make (Community and
non-Community) shall be fixed, in constant prices in                    2. The Council, acting on a proposal from the Com­
escudos, at the equivalent of 41 500 motor vehicles for                 mission by a qualified majority, may subsequently, if
1986 and 44 000 motor vehicles for 1987 .                               necessary, fix a ceiling on each make equal to a percen­
                                                                        tage of the sum of the basic quotas allotted to all the
                                                                        makes .
3 . The annual quotas per make and all data relevant
to them shall be communicated to the Commission by
1 5 February each year.
                                                                                                        Article 6
4. The use of the quotas per make allotted as basic
quotas shall be free up to a maximum of 90 % in 1986                   The quotas fixed in Articles 4 and 5 may be used for
and 93 % in 1987. The use of the remainder of the quo                   the import of either CKD or CBU motor vehicles.
                                                             ANNEX A
                                           List of import quotas referred to in Article 2 ( 1 )
                                                                                          1 January 1986      I January 1987
              Alfa Romeo                                                                        700                800
              Audi (Auto-Union)                                                                 700                800
              BMW (Bayerische Motoren-Werke)                                                    700                800
              British Leyland (ex-BMC)                                                          700                800
              British Leyland (ex-Leyland)                                                      700                800
              Jaguar/ Daimler                                                                   700                800
              Talbot (France)                                                                   700                800
              Talbot ( United Kingdom)                                                          700                800
              Citroen                                                                           700                800
              Daimler-Benz                                                                      700                800
              Fiat                                                                              700                800
              Ford (Germany)                                                                    700                800
              Ford ( United Kingdom )                                                           700                800
              General Motors (Germany)                                                          700                800
              General Motors ( United Kingdom )                                                 700                800
              Peugeot                                                                           700   .            800
              Renault                                                                           700                800
              VW (Volkswagen)                                                                   700                800
              Volvo ( Netherlands)                                                              700                800
              Lancia ( Italy)                                                                   700                800
              Autobianchi ( Italy)                                                              700                800
              Volvo ( Belgium)                                                                  700                800
              Nuova Innocenti ( Italy)                                                          700                800
              Porsche (Germany)                                                                 700                800
              Seat                                                                              700                800
 ---pagebreak--- 458                                     Official Journal of the European Communities                                      5.  1.85
                                                              ANNEX B
                                  Basic quotas per make allotted in 1985 referred to in Article 4 (1)
                                                                                             (Esc 1000)
                                  Fiat                                                 2 362 057
                                  Renault                                              1 879 085
                                  Peugeot                                              1 614 092
                                  BLMC                                                 1 600822
                                  Citroen                                              1 480 199
                                  Ford                                                 1 331 611
                                  General Motors                                       1 151 434
                                  Talbot                                                 551 350
                                  VW                                                     505 305
                                  BMW                                                    320 773
                                  Mercedes                                               139 308
                                  Alfa Romeo                                              49 328
                                  Audi                                                    39 706
                                                              ANNEX C
                                     Weighting of the export coefficients referred to in Article 5(1)
             I
                                                                                                1986        1987
               CKD                                                                             0,6         0,5
               CBU and vehicle bodies                                                          0,5          0,45
               Semi-finished components                                                        0,4         0,35
               Finished components :
               — Engines                                                                       0,8         0,7
               — Gearboxes                                                                     0,8          0,7
               — Other mechanical components                                                   0,7          0,6
               — Electrical components                                                         0,6          0,5
               — Other components                                                              0,55         0,5
                                                             Protocol 19
                                                       on Portuguese patents
1 . The Portuguese Republic undertakes, upon acces­                     authorities ; this cooperation shall also cover the prob­
sion, to adjust its patent law so as to make it compati­                lems of transition of current Portuguese law towards
ble with the principles of the free movement of goods                   new law.
and with the level of protection of industrial property
attained in the Community. In particular, the                           2. The Portuguese Republic shall introduce, in its
Portuguese Republic shall repeal, on accession, the                     national legislation, a provision on shifting the burden
provisions of Article 8 of Decree No 27/84 of 18 Janu­                  of proof corresponding to Article 75 of the Luxem­
ary 1984, under which the holder of a patent granted in                 bourg Convention of 15 December 1975 on the Com­
Portugal must, in order to enjoy the exclusive rights                   munity patent.
conferred by that patent, manufacture on Portuguese
territory the patented product or the product obtained                  This provision shall apply upon accession with regard
by using a patented process.                                            to new process patents filed as from the date of acces­
                                                                        sion .
To that end, close cooperation shall be instituted                       For patents filed prior to that date, this provision shall
between the Commission services and the Portuguese                       apply not later than 1 January 1992.