CELEX: 51978PC0489
Language: en
Date: 1978-11-22
Title: draft statement by the Community Delegation at the first meeting of the Conference at deputy level (Brussels, 1 December 1978) on the procedure for and organisation of the accession negotiations with Portugal (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 489
Vol. 1978/0181
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)489 final
                                            Brussels , 22 November 1978
                ; draft statement "by the Community Delegation ^
             at the first meeting of the Conference at deputy
          level (Brussels , 1 December 1978) on the procedure for
      and organisation of the accession negotiations with Portugal
                (Submitted by the Commission to the Council )
  COM(78 ) 489 final
 ---pagebreak---                               EXPLAMTOHY MSMOnAHDUM
 1. At the opening meeting at ministerial level of the negotiations
on Portugal 's accession held in Luxembourg on 17 October it was
decided to assign the task of agreeing on the procedure for and
organization of the negotiations to the deputies .
2.  On 19 October the Chairman of the Permanent Representatives
Committee informed the Committee of his intention to hold the first
meeting at deputy level on 1 December 1978#    With a view to preparing
this meeting , the Commission was aslced to propose to the Council a
draft Community statement on questions of procedure and organisation
in connection with the negotiations as it did for the negotiations
with Greece .
3.  This paper has been prepared in response to this request .   It was
drawn up on the basis of the provisions already a,dopted for the
negotiations with Greece , which in turn were directly modelled on the
"UK precedent ".  However , the timetable of meetings at ministerial
and deputy level has been made slightly more flexible .
 ---pagebreak---                         ACCESSION NEGOTIATIONS WITH PORTUGAL
           Draft statement "by the Community Delegation at "the first
           meeting of the Conference at deputy level (Brussels t
           1 December 1978 )
                  Item          of the provisional Agenda
                  = Procedure for and organization of the negotiations
1.       In accordance with the "brief given to us at the opening meeting at
ministerial level of the negotiations between the European Communities
and Portugal in Luxembourg on 17 October 1973 , it is our task today to
agree on procedures for our work .        In his address on 17 October ,
Mr Correia Gago stated that the experience gained by the Community
during the earlier enlargement and the guidelines being followed in
the current negotiations could broadly speaking be considered and
accepted by Portugal®        The Community welcomes the Portuguese declaration ,
which has accelerated the preparation of the decisions we are called upon
to take today.
Because of existing precedents it will be possible to agree rapidly on
what after all are minor matters such as :
     ( i ) the Presidency , the venue and frequency of the meetings at both
           ministerial and deputy level ;
   ( ii ) the setting up of working parties ;
( iii ) organizational measures such as the setting up of a Secretariat ,
           the operating expenses of the Conference and the preparation of
           working papers for the meetings .
A working paper covering these various points which was drawn up on the
basis of the precedents referred to above , has been forwarded to you
 ( see Annex i ).     If it meets with your approval , it will be taken over
in full in the draft summary of the conclusions of our meeting .
 ---pagebreak---  2•  As regards the timetable for the negotiations , we can certainly
 make a quick start to discussions in some sectors because , as
 Mr Correia Gago stressed on 17 October , the work done in preparing the
 Opinion on Portugal 's application and the information already gathered
represent a considerable time-saving.
In his statement , Mr Correia Gago also set out the broad lineB of
Portugal 's initial position on certain aspects of the negotiations ,
such as the customs union , commercial policy , agriculture , free
movement of persons , services and capital , taxation and the system of
own resources#
The Community has taken note of these declarations and will make its
position known on each of the points covered as the negotiations proceed#
The views expressed by the Portuguese Delegation will make it easier to
organize the work schedule now that Portugal 's position on the various
aspects of the negotiations is now better understood.
The subjects raised by Mr Correia Gago cover by and large the main
chapter headings , of which a list is included in the working papers for
this meeting ( see Annex II ). However , this list of chapter headings
for the negotiations is not to be considered final or exhaustive , for
it will have to be adapted as the negotiations go on and further fields
may have to be added .
Following Mr Von DohnanyL's suggestion of 17 October last at the ministerial
meeting opening the negotiations , we can treat the chapters on the customs
 ---pagebreak--- union and external relations as priority subjects .  Work on them
could "begin at our next meeting .
I propose furthermore that we ask the Commission to "begin work straight
away with your Delegation on examining Community secondary legislation.
This work could be started on the "basis of the three objectives set out
by Mr Von Dohnanyi ;  gathering comprehensive information, determining
the technical adaptations and , where necessary , identifying the
substantive problems to be dealt with in the negotiations . .
The Commission will also examine with you the most suitable method of
concerting action and undertaking possible support measures which , as
you know , do not come within the scope of the negotiations .
3.  The Community thinks that the dates and agendas of the meetings
could be decided upon each time through contacts between Portugal and
the Presidency .
The Community will therefore contact the Portuguese Delegation through
the Presidency as soon as possible to fix the provisional agenda for
our next meeting.
The Portuguese Delegation is free of course to present documents at any
time which set out its position on the various subjects of the
negotiations .
 ---pagebreak---                                                                  ANNEX I
                          WORKING PAPER
Procedure for the negotiations
 (a) Presidency
In accordance with the practice at "bilateral negotiations "between two
delegations , each led "by a Chairman , the question of electing a
President of the Conference does not arise#
The practical work involved in chairing meetings will "be performed "by
the leader of the Community Delegation in his capacity as leader of
the host delegation.
(h) Frequency of meetings at ministerial level and deputy level – setting
     up of working parties
It is planned that there should "be at least three meetings a year at
ministerial level and two meetings at deputy level each quarter , on
the understanding that the frequency of meetings could "be changed if
this were felt necessary.
The negotiations will remain centralized at ministerial and deputy
level .      The setting up of working parties should not "be envisaged
except to meet specific requirements of the negotiations .    Any such
working parties will operate under the authority of the deputies , on
the "basis of explicit terms of reference and in the framework of a
given timetable .
 ---pagebreak--- ( c ) Venue of the meetings
Meetings will "be held in Brussels , "but m April , June and Ootober
ministerial meetings will be held in Luxembourg.
( d) Organi zation
( 1 ) Secretariat
Conference Secretariat services will be provided , under the authority
of the Secretary-General of the Council of the Communities or his
representative , by a team consisting of offioials of the General
Secretariat of the Council and officials appointed by the Portuguese
Delegation#
( 2 ) Operating expenses of the Conference
Each Party will bear its own travel and subsistence expenses and also
the salaries of its own staff who are placed at the disposal of the
Secretariat •
The operating expensesof the Conference ( rents , office furniture and
supplies , telecommunications , interpreting , translating , auxiliary
staff recruited for the Conference , etc .) will be met by advances made
by the Council of the Communities .
These expenses will be entered in the budget of the Council under a
special budget appropriation.
The Secretary-General of the Council will submit to the Conference an
annual financial management report on the operating expenses .     These
expenses will be divided among the participants in accordance with
procedures to be established by common agreement .
 ---pagebreak--- ( 3) Preparation of working papers
Without prejudice to other , speoial documents which the Secretariat
might he asked to draw up , the following provisions were adopted on
the understanding that th^y could , if neoessary , be modified in the light
of experience#
   ( i ) Ministerial meetings
         Preparation , after each meeting , of a summary of conclusions ,
         to "be finalized by the deputies on the basis of a draft produced
         by the Secretariat and submitted to the next ministerial meeting
         for formal approval ;
         The verbatim account of the ministerial meetings , as recorded on
         tape , will be filed in the archives of the Secretariat , where it
         can be consulted in the event of a dispute over the interpretation
         of a decision.
  (ii ) Me£tings_at d^ut^level^
         Preparation after each meeting of a summary of conclusions ;
         Preparation of reports for submission to ministerial meetings , on
         the basis of drafts produced by the Conference Secretariat .
( iii ) Working Parties
         Preparation of reports for the deputies on the basis of drafts
         produced by the Conference Secretariat .
 ---pagebreak---                                                           AMEX II
                      LIST OF CHAPTER HEADINGS
 1   Customs union/Free movement of goods
 2   Ext errai relations
 3   Agriculture and. fisheries
 4   Free movement of workers and social policy
 5   Right of establishment and free movement of services
 6,  Regional policy and state aids
 7   Movement of capital and economic policy
 8,  Financial and "budgetary provisions
 9.  Institutions
10 , Transitional measures
11 , Other