COUNCIL REGULATION (EEC) N°  3797/85
of 20 December 1985
laying down detailed rules concerning quantitative restrictions on  imports into Portugal from third countries of certain agricultural products subject to the system  of transition by stages
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard  to the Act of Accession of Spain and Portugal, hereinafter referred to as 'Act' and  in particular Article 258 (3) thereof,
Having regard to the proposal from the Commission,
Whereas Article 280 of the Act stipulates that Portugal may maintain, until 31 December 1995,  quantitative restrictions on imports from third countries of the products referred to in Annex XXVI  to the Act; whereas the Council must determine detailed rules for the application of such  quantitative restrictions;
Whereas Portugal may maintain, until the end of the stage, quantitative restrictions on imports  from the Community as constituted on 31 December 1985 for the same products;
Whereas the quantitative restrictions must not have the effect that the Community products are  treated less favourable than products from third countries;
Whereas this Regulation is intended to apply to third countries as a whole, and without prejudice  to the protocols to be concluded with the preferential third countries in accordance with Article  366 of the Act or to the transitional measures referred to in Article 367 thereof; whereas it  should nevertheless be specified that the quantities or values of the quantitative restrictions  fixed in compliance with these Articles will be included in those fixed for third countries as a  whole pursuant to this Regulation;
Whereas pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal the institutions  of the Community may adopt before accession the measures referred to in Article 258 of the Act,
1. The quantitative restrictions on  imports into Portugal from third countries of the products referred to in Annex XXVI of the Act  shall consist of annual quotas made available without discrimination to economic operators.
2. The original quota for 1986 for each product, expressed, as appropriate, in volume or, in  exceptional cases, in ECU, shall be fixed:
- either at a percentage of annual average Portuguese production in the three years preceding  accession for which statistics are available; the percentage for each product being fixed in Annex  I to this Regulation,
- or at the average of Portuguese imports in the three years preceding accession for which  statistics are available, where the latter criterion yields the higher volume or amount.
However, in respect of the products referred to in Annex II to this Regulation,
- the first indent of the first subparagraph shall not apply;
- where the effect of the second indent of the first subparagraph would be the establishment of an  original quota of zero, this quota shall be at least 10 % of the original quota fixed for the same  products from the Community as constituted on 31 December 1985.
3. The minimum rate of increase in the quotas shall be fixed, in accordance with the procedure laid  down in Article 3 (1), at least in respect of each year of the second stage.
The minimum rate of increase may vary, in particular according to product.
The minimum rate of increase shall be fixed taking into account:
- the patterns of trade,
- the state of bilateral or multilateral negotiations.
4. For the period 1 March to 31 December 1986, the quota applicable shall be the same as the  original quota minus one sixth thereof.
However, where quantitative restrictions do not apply throughout a calendar year, special  provisions for the possible reduction of the original quota shall be adopted in accordance with the  procedure laid down in Article 3 (1).
5. With regard to the preferential countries, where the protocols referred to in Article 366 of the  Act or, failing these, autonomous measures adopted pursuant to Article 367 thereof, make provision  for quantitative restrictions, thequantities or the values resulting from the application of the  abovementioned provisions shall be fixed before the quantities or values are fixed for the other  third countries, in accordance with paragraph 2.
1. A quota fixed for a product from third countries may not exceed the quota fixed for  the same products from the Community as constituted on 31 December 1985.
2. Where the Portuguese Republic authorizes imports of a product from third countries in  quantities, expressed in volume or in value, exceeding that fixed in the quota, the quota  applicable to the import of that product from the Community must be increased by a quantity  matching at least the amount by which the quota fixed for imports from third countries is  exceeded.
1. Detailed rules for application of this Regulation shall be adopted in accordance with  the procedure laid down in Article 26 of Regulation (EEC) N° 2727/75 of the Council of 29 October  1975 on the common organization of the market in cereals (1), or, as appropriate, in the  corresponding articles of the other regulations on the common organization of agricultural  markets.
The detailed rules of application relating to:
- live swine, falling under subheading 01.03 A I of the Common Customs Tariff shall be adopted  according to the procedure laid down in Article 24 of Regulation (EEC) N° 2759/75 of the Council of  29 October 1975 on the common organization of the market in pigmeat (2), the Management Committee  set up by that Regulation being competent;
- eggs, falling under subheading 04.05 A II of the Common Customs Tariff shall be adopted in  accordance with the procedure laid down in Article 17 of Regulation (EEC) N° 2771/75 of the Council  of 29 October 1975 on the common organization of the market in eggs (3), the Management Committee  set up by that Regulation being competent.
They shall include:
(a) for each product, the establishment of the original quota,
(b) the reports to be made by Portugal to the Commission.
2. The detailed rules of application referred to in paragraph 1 may include staggering of the  imports over the year.
This Regulation shall enter into force on 1 March 1986, subject to the entry into force  of the Treaty concerning the Accession of Spain and Portugal.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.