CELEX: 11985I/PRO/22
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 22 ON THE EXCHANGE OF INFORMATION WITH THE PORTUGUESE REPUBLIC IN THE FIELD OF NUCLEAR ENERGY

462                                     Official Journal of the European Communities                                15 . 11.85
                                                           Protocol 21
                                     on the economic and industrial development of Portugal
THE HIGH CONTRACTING PARTIES,                                       to align the standard of living in Portugal with that of
                                                                    the other European nations and to eliminate underem­
                                                                    ployment while progressively evening out regional dif­
Desiring to settle certain special problems of concern              ferences in levels of development ;
to Portugal and,
                                                                     Recognize it to be in their common interest that the
                                                                    objectives of this policy be attained ;
HAVING AGREED THE FOLLOWING PROVISIONS,
                                                                     Agree to recommend to this end that the Community
Recall that the fundamental objectives of the European              institutions use all the means and procedures laid
Economic Community include the steady improvement                   down by the EEC Treaty, particularly by making ade­
of the living standards and working conditions of the               quate use of the Community resources intended for the
peoples of the Member States and the harmonious                     realization of the Community's abovementioned objec­
development of their economies by reducing the differ­              tives ;
ences existing between the various regions and the
backwardness of the less-favoured regions :                          Recognize in particular that, in the application of Arti­
                                                                     cles 92 and 93 of the EEC Treaty, it will be necessary to
Take note of the fact that the Portuguese Government                 take into account the objectives of economic expansion
has embarked upon the implementation of a policy of                 and the raising of the standard of living of the popula­
industrialization and economic development designed                 tion .
                                                           Protocol 22
                  on the exchange of information with the Portuguese Republic in the field of nuclear energy
                           Article I                                — atomic physics (effective measuring of cross sec­
                                                                          tions, pipeline techniques),
1 . From the date of accession , such information as                 — extractive metallurgy of uranium.
has been communicated to Member States, persons and
undertakings in accordance with Article 13 of the Eura­                                       Article 2
tom Treaty, shall be placed at the disposal of the
Portuguese Republic which shall give it limited distri­
bution within its territory under the conditions laid               1 . In those sectors in which the Portuguese Republic
down in that Article .                                              places information at the disposal of the Community,
                                                                    the competent authorities shall grant upon request
                                                                    licences on commercial terms to Member States, per­
2. From the date of accession , the Portuguese                      sons and undertakings of the Community where they
Republic shall place at the disposal of the European                possess exclusive rights to patents filed in Member
Atomic Energy Community information obtained in                     States of the Community and in so far as they have no
the nuclear field in Portugal which is given limited dis­           obligation or commitment in respect of third parties to
tribution, in so far as strictly commercial applications            grant or offer to grant an exclusive or partially exclus­
are not involved . The commission shall communicate
                                                                    ive licence to the rights in these patents .
this information to Community undertakings under the
conditions laid down in paragraph 1 .                               2. Where an exclusive or partially exclusive licence
                                                                    has been granted, the Portuguese Republic shall
3.   This information shall mainly concern :                        encourage and facilitate the granting of sub-licences on
— reactor dynamics,                                                 commercial terms to Member States, persons and
                                                                    undertakings of the Community by the holders of such
— radiation protection ,                                            licences .
— application of nuclear measuring techniques (in the
     industrial, agricultural, archeological and geologi­           Such exclusive or partially exclusive licences shall be
     cal fields),                                                   granted on a normal commercial basis .