| 15.11.1985 | EN | Official Journal of the European Union | L 302/23 | The document is not available in one of the selected languages. Please choose another one from the drop-down list. |
| ACT | |
| concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties | |
| PART ONE | |
| PRINCIPLES | |
| Article 1 | |
| For the purposes of this Act: | |
| — | the expression ‘original Treaties’ means the Treaty establishing the European Coal and Steel Community, the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community, as supplemented or amended by treaties or other acts which entered into force before this accession; the expressions ‘ECSC Treaty’, ‘EEC Treaty’ and ‘Euratom Treaty’ mean the relevant original Treaties thus supplemented or amended, | |
| — | the expression ‘present Member States’ means the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland, | |
| — | the expression ‘the Community as at present constituted’ means the Community made up of the present Member States, | |
| — | the expression ‘the Community as enlarged’ means the Community as constituted after the 1972 accession or after the 1979 accession, as the case may be, | |
| — | the expression ‘new Member States’ means the Kingdom of Spain and the Portuguese Republic. | |
| Article 2 | |
| From the date of accession, the provisions of the original Treaties and the acts adopted by the institutions of the Communities before accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act. | |
| Article 3 | |
| 1. The new Member States accede by this Act to the decisions and agreements adopted by the representatives of the Governments of the Member States meeting in Council. They undertake to accede from the date of accession to all other agreements concluded by the present Member States relating to the functioning of the Communities or connected with the activities thereof. | |
| 2. The new Member States undertake to accede to the conventions provided for in Article 220 of the EEC Treaty and to those that are inseparable from the attainment of the objectives of that Treaty and thus linked to the Community legal order, and also to the protocols on the interpretation of those conventions by the Court of Justice, signed by the Member States of the Community as originally constituted or as enlarged and to this end they undertake to enter into negotiations with the present Member States in order to make the necessary adjustments thereto. | |
| 3. The new Member States are in the same situation as the present Member States in respect of declarations or resolutions of, or other positions taken up by, the Council and in respect of those concerning the European Communities adopted by common agreement of the Member States; they will accordingly observe the principles and guidelines deriving from those declarations, resolutions or other positions and will take such measures as may be necessary to ensure their implementation. | |
| Article 4 | |
| 1. The agreements or conventions entered into by any of the Communities with one or more third States, with an international organization or with a national of a third State, shall, under the conditions laid down in the original Treaties and in this Act, be binding on the new Member States. | |
| 2. The new Member States undertake to accede, under the conditions laid down in this Act, to the agreements or conventions concluded by the Member States of the Community as originally constituted or as enlarged and any of the Communities, acting jointly, and to the agreements concluded by those States which are related to those agreements or conventions. The Community and the present Member States shall assist the new Member States in this respect. | |
| 3. The new Member States accede by this Act and under the conditions laid down therein to the internal agreements concluded by the Member States of the Community as originally constituted or as enlarged for the purpose of implementing the agreements or conventions referred to in paragraph 2. | |
| 4. The new Member States shall take appropriate measures, where necessary, to adjust their position in relation to international organizations and to those international agreements to which one of the Communities or to which other Member States are also parties, to the rights and obligations arising from their accession to the Communities. | |
| Article 5 | |
| Article 234 of the EEC Treaty and Articles 105 and 106 of the Euratom Treaty shall apply for the new Member States to agreements or conventions concluded before their accession. | |
| Article 6 | |
| The provisions of this Act may not, unless otherwise provided herein, be suspended, amended or repealed other than by means of the procedure laid down in the original Treaties enabling those Treaties to be revised. | |
| Article 7 | |
| Acts adopted by the institutions of the Communities to which the transitional provisions laid down in this Act relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply. | |
| Article 8 | |
| Provisions of this Act the purpose or effect of which is to repeal or amend acts adopted by the institutions of the Communities, otherwise than as a transitional measure, shall have the same status in law as the provisions which they repeal or amend and shall be subject to the same rules as those provisions. | |
| Article 9 | |
| The application of the original Treaties and acts adopted by the institution shall, as a transitional measure, be subject to the derogations provided for in this Act. | |
| PART TWO | |
| ADJUSTMENTS TO THE TREATIES | |
| TITLE 1 | |
| PROVISIONS GOVERNING THE INSTITUTIONS | |
| CHAPTER 1 | |
| The Assembly | |
| Article 10 | |
| The following is substituted for Article 2 of the Act concerning the election of the representatives of the Assembly by direct universal suffrage, which is annexed to Decision 76/787/ECSC, EEC, Euratom: | |
| ‘Article 2 | |
| The number of representatives elected in each Member State is as follows: | |
| Belgium | 24 | |
| Denmark | 16 | |
| Germany | 81 | |
| Greece | 24 | |
| Spain | 60 | |
| France | 81 | |
| Ireland | 15 | |
| Italy | 81 | |
| Luxembourg | 6 | |
| Netherlands | 25 | |
| Portugal | 24 | |
| United Kingdom | 81 | |
| CHAPTER 2 | |
| The Council | |
| Article 11 | |
| The following is substituted for the second paragraph of Article 2 of the Treaty establishing a single Council and a single Commission of the European Communities: | |
| ‘The office of President shall be held in turn by each Member State in the Council for a term of six months, in the following order of Member States: | |
| — | for a first cycle of six years: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom, | |
| — | for the following cycle of six years: Denmark, Belgium, Greece, Germany, France, Spain, Italy, Ireland, Netherlands, Luxembourg, United Kingdom, Portugal.’ | |
| Article 12 | |
| The following is substituted for Article 28 of the ECSC Treaty: | |
| ‘Article 28 | |
| When the Council is consulted by the High Authority, it shall consider the matter without necessarily taking a vote. The minutes of its proceedings shall be forwarded to the High Authority. | |
| Wherever this Treaty requires that the assent of the Council be given, that assent shall be considered to have been given if the proposal submitted by the High Authority receives the approval: | |
| — | of an absolute majority of the representatives of the Member States, including the votes of the representatives of two Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community, or | |
| — | in the event of an equal division of votes and if the High Authority maintains its proposal after a second discussion, of the representatives of three Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community. | |
| Wherever this Treaty requires a unanimous decision or unanimous assent, such decision or assent shall have been duly given if all the members of the Council vote in favour. However, for the purposes of applying Articles 21, 32, 32a, 78e and 78h of this Treaty, and Article 16, the third paragraph of Article 20, the fifth paragraph of Article 28 and Article 44 of the Protocol on the Statute of the Court of Justice, abstention by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity. | |
| Decisions of the Council, other than those for which a qualified majority or unanimity is required, shall be taken by a vote of the majority of its members; this majority shall be considered to be attained if it represents an absolute majority of the representatives of the Member States, including the votes of the representatives of two Member States which each produce at least one-ninth of the total value of the coal and steel output of the Community. However, for the purpose of applying Articles 78, 78b and 78e of this Treaty which require a qualified majority, the votes of the members of the Council are weighted as follows: | |
| Belgium | 5 | |
| Denmark | 3 | |
| Germany | 10 | |
| Greece | 5 | |
| Spain | 8 | |
| France | 10 | |
| Ireland | 3 | |
| Italy | 10 | |
| Luxembourg | 2 | |
| Netherlands | 5 | |
| Portugal | 5 | |
| United Kingdom | 10 | |
| For their adoption, acts shall require at least 54 votes in favour, cast by not less than eight members. | |
| Where a vote is taken, any member of the Council may act on behalf of not more than one other member. | |
| The Council shall deal with the Member States through its President. | |
| The acts of the Council shall be published in such a manner as it may decide.’ | |
| Article 13 | |
| The following is substituted for the fourth paragraph of Article 95 of the ECSC Treaty: | |
| ‘These amendments shall be proposed jointly by the High Authority and the Council, acting by a ten-twelfths majority of its members, and shall be submitted to the Court for its opinion. In considering them, the Court shall have full power to assess all points of fact and of law. If, as a result of such consideration, it finds the proposals compatible with the provisions of the preceding paragraph, they shall be forwarded to the Assembly and shall enter into force if approved by a majority of three-quarters of the votes cast and two-thirds of the members of the Assembly.’ | |
| Article 14 | |
| The following is substituted for Article 148 (2) of the EEC Treaty and Article 118 (2) of the Euratom Treaty: | |
| ‘2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows: | |
| Belgium | 5 | |
| Denmark | 3 | |
| Germany | 10 | |
| Greece | 5 | |
| Spain | 8 | |
| France | 10 | |
| Ireland | 3 | |
| Italy | 10 | |
| Luxembourg | 2 | |
| Netherlands | 5 | |
| Portugal | 5 | |
| United Kingdom | 10 | |
| For their adoption, acts of the Council shall require at least: | |
| — | 54 votes in favour where this Treaty requires them to be adopted on a proposal from the Commission, | |
| — | 54 votes in favour, cast by at least eight members, in other cases.’ | |
| CHAPTER 3 | |
| The Commission | |
| Article 15 | |
| The following is substituted for the first subparagraph of Article 10 (1) of the Treaty establishing a single Council and a single Commission of the European Communities: | |
| ‘1. The Commission shall consist of 17 members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.’ | |
| Article 16 | |
| Article 14 of the Treaty establishing a single Council and a single Commission of the European Communities is amended as follows: | |
| 1. | The first subparagraph is replaced by the following: | "The President and the six Vice-Presidents of the Commission shall be appointed from among its members for a term of two years in accordance with the same procedure as that laid down for the appointment of members of the Commission. Their appointments may be renewed. | |
| 2. | The following subparagraph is added: | ‘The Council, acting unanimously, may amend the provisions concerning Vice-Presidents.’ | |
| CHAPTER 4 | |
| The Court of Justice | |
| Article 17 | |
| The following is substituted for the first paragraph of Article 32 of the ECSC Treaty, the first paragraph of Article 165 of the EEC Treaty and the first paragraph of Article 137 of the Euratom Treaty: | |
| ‘The Court of Justice shall consist of 13 Judges.’ | |
| Article 18 | |
| The following is substituted for the first paragraph of Article 32a of the ECSC Treaty, the first paragraph of Article 166 of the EEC Treaty and the first paragraph of Article 138 of the Euratom Treaty: | |
| ‘The Court of Justice shall be assisted by six Advocates-General.’ | |
| Article 19 | |
| The following is substituted for the second and third paragraphs of Article 32b of the ECSC Treaty, the second and third paragraphs of Article 167 of the EEC Treaty and the second and third paragraphs of Article 139 of the Euratom Treaty: | |
| ‘Every three years there shall be a partial replacement of the Judges. Seven and six Judges shall be replaced alternately. | |
| Every three years there shall be a partial replacement of the Advocates-General. Three Advocates-General shall be replaced on each occasion.’ | |
| CHAPTER 5 | |
| The Court of Auditors | |
| Article 20 | |
| The following is substituted for Article 78e (2) of the ECSC Treaty, Article 206 (2) of the EEC Treaty and Article 180 (2) of the Euratom Treaty: | |
| ‘2. The Court Auditors shall consist of 12 members.’ | |
| CHAPTER 6 | |
| The Economic and Social Committee | |
| Article 21 | |
| The following is substituted for the first paragraph of Article 194 of the EEC Treaty and the first paragraph of Article 166 of the Euratom Treaty: | |
| ‘The number of members of the Committee shall be as follows: | |
| Belgium | 12 | |
| Denmark | 9 | |
| Germany | 24 | |
| Greece | 12 | |
| Spain | 21 | |
| France | 24 | |
| Ireland | 9 | |
| Italy | 24 | |
| Luxembourg | 6 | |
| Netherlands | 12 | |
| Portugal | 12 | |
| United Kingdom | 24 | |
| CHAPTER 7 | |
| The ECSC Consultative Committee | |
| Article 22 | |
| The following is substituted for the first paragraph of Article 18 of the ECSC Treaty: | |
| ‘A Consultative Committee shall be attached to the High Authority. It shall consist of not less than 72 and not more than 96 members and shall comprise equal numbers of producers, of workers and of consumers and dealers.’ | |
| CHAPTER 8 | |
| The Scientific and Technical Committee | |
| Article 23 | |
| The following is substituted for the first subparagraph of Article 134 (2) of the Euratom Treaty: | |
| ‘2. The Committee shall consist of 33 members, appointed by the Council after consultation with the Commission.’ | |
| TITLE II | |
| OTHER ADJUSTMENTS | |
| Article 24 | |
| The following is substituted for Article 227 (1) of the EEC Treaty: | |
| ‘1. This Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.’ | |
| Article 25 | |
| 1. The Treaties and the acts of the institutions of the European Communities shall apply to the Canary Islands and to Ceuta and Melilla, subject to the derogations referred to in paragraphs 2 and 3 and to the other provisions of this Act. | |
| 2. The conditions under which the provisions of the EEC and ECSC Treaties concerning the free movement of goods, and the acts of the institutions of the Community concerning customs legislation and commercial policy, shall apply to the Canary Islands and to Ceuta and Melilla are set out in Protocol 2. | |
| 3. Without prejudice to the specific provisions of Article 155 the acts of the institutions of the European Communities concerning the common agricultural policy and the common fisheries policy shall not apply to the Canary Islands and to Ceuta and Melilla. | |
| The Council acting by a qualified majority on a proposal from the Commission shall determine the provisions of a socio-structural nature, which, in the sphere of agriculture, shall apply to the Canary Islands, whilst ensuring that these provisions are compatible with the general objectives of the common agricultural policy. | |
| 4. At the request of the Kingdom of Spain, the Council, acting unanimously on a proposal from the Commission and after consulting the Assembly, may: | |
| — | decide to include the Canary Islands and Ceuta and Melilla in the customs territory of the Community, | |
| — | define the appropriate measures aimed at extending to the Canary Islands and to Ceuta and Melilla the provisions of Community law in force. | |
| On a proposal from the Commission acting on its own initiative or at the request of a Member State, the Council, acting unanimously and after consulting the Assembly, may decide to make such adjustments to the arrangements applicable to the Canary Islands and to Ceuta and Melilla as may prove necessary. | |
| PART THREE | |
| ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS | |
| Article 26 | |
| The acts listed in Annex I to this Act shall be adapted as specified in that Annex. | |
| Article 27 | |
| The adaptations to the acts listed in Annex II to this Act made necessary by accession shall be drawn up in conformity with the guidelines set out in that Annex and in accordance with the procedure and under the conditions laid down in Article 396. | |
| PART FOUR | |
| TRANSITIONAL MEASURES | |
| TITLE I | |
| PROVISIONS GOVERNING THE INSTITUTIONS | |
| Article 28 | |
| 1. During the first two years following accession, each of the new Member States shall hold an election by direct universal suffrage of 60 representatives, to the Assembly, of the people of Spain and of 24 representatives, to the Assembly, of the people of Portugal, respectively, in accordance with the provisions of the Act of 20 September 1976 concerning the election of representatives of the Assembly by direct universal suffrage. | |
| The term of office of those representatives shall end at the same time as that of the representatives elected in the present Member States for the current five-year term. | |
| 2. From accession and for the period running until each of the elections referred to in paragraph 1, the representatives of the Assembly of the people of Spain and Portugal shall be appointed by the Parliaments of the new Member States within themselves in accordance with the procedure laid down by each of those States. | |
| Article 29 | |
| For the purposes of applying the second paragraph of Article 2 of the Treaty establishing a single Council and a single Commission of the European Communities, the new order for Member States fixed in Article 11 of this Act shall apply on the expiry of the periods of rotation remaining to run in accordance with the order of the Member States fixed in Article 2 above in its version in force before the accession. | |
| TITLE II | |
| TRANSITIONAL MEASURES CONCERNING SPAIN | |
| CHAPTER 1 | |
| Free movement of goods | |
| Section I | |
| Tariff provisions | |
| Article 30 | |
| 1. The basic duty to which the successive reductions provided for in Articles 31, 75 (1) and 173 (1) and (2) are to be applied shall, for each product, be the duty actually applied on 1 January 1985 to products originating in the Community as at present constituted and Spain within the context of their trade. | |
| 2. The basic duty used for the moves towards alignment on the Common Customs Tariff and the ECSC unified tariff provided for in Articles 37, 75 (2) and 173 (4) shall, for each product, be the duty actually applied by the Kingdom of Spain on 1 January 1985. | |
| 3. However, if after that date and before accession a tariff reduction is applied, such reduced duty shall be considered as a basic duty. | |
| 4. The Community as at present constituted and the Kingdom of Spain shall inform each other of their respective basic duties. | |
| 5. Notwithstanding paragraph 1, for the products appearing hereafter, the basic duties to which the Kingdom of Spain shall apply the successive reductions laid down in Article 31 shall be those indicated opposite each product. | |
| CCT heading No | Description | Basic duty | |
| 24.02 | Manufactured tobacco; tobacco extracts and essences: | | |
| A. Cigarettes | 50 % | |
| B. Cigars | 55 % | |
| C. Smoking tobacco | 46,8 % | |
| D. Chewing tobacco | 26 % | |
| E. Other, including agglomerated tobacco in the form of sheets or strip | 10,4 % | |
| 27.09 | Petroleum oils and oils obtained from bituminous minerals, crude | Free | |
| Article 31 | |
| 1. Customs duties on imports between the Community as at present constituted and the Kingdom of Spain shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 90,0 % of the basic duty, | |
| — | on 1 January 1987, each duty shall be reduced to 77,5 % of the basic duty, | |
| — | on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty, | |
| — | on 1 January 1989, each duty shall be reduced to 47,5 % of the basic duty, | |
| — | on 1 January 1990, each duty shall be reduced to 35,0 % of the basic duty, | |
| — | on 1 January 1991, each duty shall be reduced to 22,5 % of the basic duty, | |
| — | on 1 January 1992, each duty shall be reduced to 10,0 % of the basic duty, | |
| — | the last reduction of 10 % shall be made on 1 January 1993. | |
| 2. Nothwithstanding paragraph 1, duty-free entry shall apply from 1 March 1986 to: | |
| (a) | imports which benefit from the provisions relating to tax exemptions applicable to persons travelling from one Member State to another; | |
| (b) | imports of goods sent in small consignments, not of a commercial nature, which benefit from the provisions relating to tax exemptions applicable between Member States. | |
| 3. The rate of duty calculated in accordance with paragraph 1 shall be applied by rounding down to the first decimal place by deleting the second decimal. | |
| Article 32 | |
| In no case shall customs duties higher than those applied to third countries enjoying most-favourednation treatment be applied within the Community. | |
| In the event of the Common Customs Tariff duties being amended or suspended, or the Kingdom of Spain applying Article 40, the Council, acting by a qualified majority on a proposal from the Commission, may take the necessary measures for the maintenance of Community preference. | |
| In the event of ECSC unified tariff duties being amended or suspended, or the Kingdom of Spain applying Article 40, the Commission may take the necessary measures for the maintenance of Community preference. | |
| Article 33 | |
| The Kingdom of Spain may suspend in whole or in part the levying of duties on products imported from the Community as at present constituted. It shall inform the other Member States and the Commission thereof. | |
| The Council, acting by a qualified majority on a proposal from the Commission, may suspend in whole or in part the levying of duties on products imported from Spain. | |
| Article 34 | |
| Tariff quotas subject to reduced duty, resulting from Article 30, for the import into Spain of certain new passenger motor vehicles falling within subheading ex 87.02 A I b) of the Common Customs Tariff, shall be abolished upon accession in respect of vehicles imported from the Community as at present constituted. | |
| From 1 January 1986, the Kingdom of Spain shall open annual tariff quotas subject to reduced duty for the import of motor vehicles for the transport of persons, with either a spark ignition or a compression ignition engine, other than motor coaches and buses, falling within subheading ex 87.02 A I b) of the Common Customs Tariff, originating in the Community as at present constituted. The admission of such motor vehicles to those tariff quotas shall be governed by the provisions of Protocol 6. | |
| Article 35 | |
| Any charge having equivalent effect to a customs duty on imports in trade between the Community as at present constituted and Spain shall be abolished on 1 March 1986. | |
| No customs duty of a fiscal nature shall be applied from 1 March 1986. | |
| Article 36 | |
| Customs duties on exports and charges having equivalent effect in trade between the Community as at present constituted and Spain shall be abolished on 1 March 1986. | |
| Article 37 | |
| 1. For the purpose of the progressive introduction of the Common Customs Tariff and the ECSC unified tariff, the Kingdom of Spain shall amend its tariff applicable to third countries as follows: | |
| From 1 March 1986: | |
| (a) | in the case of tariff headings in respect of which the basic duties do not differ by more than 15 % in either direction from the duties in the Common Customs Tariff or the ECSC unified tariff, these latter duties shall be applied; | |
| (b) | in other cases, the Kingdom of Spain shall apply a duty reducing the difference between the basic duty and the duty in the Common Customs Tariff or the ECSC unified tariff in accordance with the following timetable: | — | on 1 March 1986, a reduction of 10 %, | — | on 1 January 1987, a reduction of 12,5 %, | — | on 1 January 1988, a reduction of 15 %, | — | on 1 January 1989, a reduction of 15 %, | — | on 1 January 1990, a reduction of 12,5 %, | — | on 1 January 1991, a reduction of 12,5 %, | — | on 1 January 1992, a reduction of 12,5 %. | |
| The Kingdom of Spain shall apply in full the Common Customs Tariff and the ECSC unified tariff from 1 January 1993. | |
| 2. Notwithstanding paragraph 1, for the products listed in the Annex to the Agreement on trade in civil aircraft concluded in the context of the 1973 to 1979 trade negotiations of the General Agreement on Tariffs and Trade, the Kingdom of Spain shall apply the Common Customs Tariff from 1 March 1986 in its entirety. | |
| Article 38 | |
| The autonomous duties entered in the Community Common Customs Tariff shall be the autonomous duties of the Community as at present constituted. The conventional duties of the EEC Common Customs Tariff and of the ECSC unified tariff shall be the conventional duties of the EEC and of the ECSC, as at present constituted, with the exception of the adjustments to be made to take into account the fact that the duties in force in the Spanish and Portuguese tariffs are, on the whole, higher than the duties in force in the tariffs of the EEC and ECSC as at present constituted. | |
| That adjustment which will be the subject of negotiation within the General Agreement on Tariffs and Trade, shall remain within the limits of the possibilities opened by Article XXIV of that Agreement. | |
| Article 39 | |
| 1. Where duties in the customs tariff of the Kingdom of Spain differ in nature from the corresponding duties in the Common Customs Tariff or the ECSC unified tariff, the progressive alignment of the former on the latter shall be effected by adding the components of the Spanish basic duty to those of the duty in the Common Customs Tariff or the ECSC unified tariff, the Spanish basic duty being reduced to zero progressively, in accordance with the timetable set out in Articles 37 and 75 (2), and the duty in the Common Customs Tariff or ECSC unified tariff increasing from zero to reach the full amount progressively in accordance with the same timetable. | |
| 2. From 1 March 1986, if certain duties in the Common Customs Tariff or the ECSC unified tariff are altered or suspended, the Kingdom of Spain shall simultaneously amend or suspend its tariff in the proportion resulting from the implementation of Article 37. | |
| 3. The Kingdom of Spain shall apply the Common Customs Tariff and ECSC unified tariff nomenclatures from 1 March 1986. | |
| The Kingdom of Spain may include within these nomenclatures national subdivisions existing at the time of accession which are indispensable in order that the progressive alignment of its customs duties on those in the Common Customs Tariff and the ECSC unified tariff be carried out under the conditions laid down in this Act. | |
| Where amendments are made to the nomenclature of the Common Customs Tariff or the ECSC unified tariff in respect of products referred to in this Act, the Council may, acting by a qualified majority on a proposal from the Commission, adapt the nomenclature of those products as indicated in this Act. | |
| 4. With a view to implementing paragraph 3 and to facilitating the progressive introduction of the Common Customs Tariff and the ECSC unified tariff by the Kingdom of Spain and the progressive abolition of customs duties between the Community as at present constituted and the Kingdom of Spain, the Commission shall determine, if necessary, the implementing provisions whereby the Kingdom of Spain alters its customs duties; those implementing provisions may not however entail any amendment to Articles 31 and 37. | |
| 5. The rate of duty calculated in accordance with Article 37 shall be applied by rounding up or down to the first decimal place. | |
| Rounding down shall be effected by deleting the second decimal where Spanish duties are being aligned on Common Customs Tariff or ECSC unified tariff duties which are less than the Spanish basic duties. In other cases rounding up shall be effected by applying the higher decimal. | |
| Article 40 | |
| In order to bring its tariff into line with the Common Customs Tariff and the ECSC unified tariff, the Kingdom of Spain shall remain free to alter its customs duties more rapidly than is provided for in Article 36. It shall inform the other Member States and the Commission thereof. | |
| Article 41 | |
| During the period of elimination of customs duties between the Community as at present constituted and the Kingdom of Spain and the period of alignment of the Spanish Customs Tariff duties on those of the Common Customs Tariff and of the ECSC unified tariff, the Kingdom of Spain shall enjoy the option of opening to third countries tariff quotas actually applied on 1 January 1985. | |
| If such quotas are opened, Article 37 shall apply during such time as these quotas remain open, to determine the duties applicable to products imported from third countries. The quantities or value subject to these duties shall be limited to the amounts actually imported under the same quotas opened on 1 January 1985. Products imported from the Community as at present constituted shall be subject to reduced duties in accordance with the provisions of Article 31, without limit as to quantify or value, whilst such quotas remain open. | |
| If such quotas are not opened, the Kingdom of Spain shall apply to products imported from the Community as at present constituted the duties applied in the case of such quotas being opened. The quantities or value subject to those duties shall be limited to the amounts actually imported from the Community as at present constituted under the same quotas opened on 1 January 1985. | |
| Section II | |
| Elimination of quantitative restrictions and measures having equivalent effect | |
| Article 42 | |
| Quantitative restrictions on imports and exports and any measures having equivalent effect shall be abolished on 1 January 1986 between the Community as at present constituted and the Kingdom of Spain. | |
| Article 43 | |
| 1. Notwithstanding Article 42, the Kingdom of Spain may retain quantitative restrictions on imports: | |
| — | until 31 December 1988 for products referred to in Annex III, | |
| — | until 31 December 1989 for products referred to in Annex IV. | |
| 2. The restrictions referred to in paragraph 1 shall take the form of quotas. | |
| 3. The quotas for 1986 are listed in Annexes III and IV respectively. | |
| The rate of progressive increase for quotas referred to in Annex III and for quotas 1 to 5 and 10 to 14 referred to in Annex IV shall be 25 % at the beginning of each year for quotas expressed in ECU, and 20 % at the beginning of each year for quotas expressed in terms of volume. Such increase shall be added to each quota and the next increase calculated on the basis of the total thus obtained. | |
| For the quotas 6 to 9 listed in Annex IV, the annual rate of progressive increase shall be as follows: | |
| — | first year: 13 %, | |
| — | second year: 18 %, | |
| — | third year: 20 %, | |
| — | fourth year: 20 %. | |
| 4. Where the Commission records by a Decision that imports into Spain of a product listed in Annexes III and IV have for two consecutive years been less than 90 % of the quota, imports of that product from the present Member States shall be liberalized as from the beginning of the year following those two years. | |
| 5. Protocol 7 shall define the principles which shall be applied by the Kingdom of Spain for the administration of the quotas laid down in paragraph 2 of this Article. | |
| Article 44 | |
| 1. Notwithstanding Article 42 the Kingdom of Spain may retain until 31 December 1989 a rate of national incorporation that shall not exceed 60 % for the parts and accessories used in the manufacture of motor vehicles for the transport of persons, with either a spark ignition or a compression ignition engine, other than motor coaches and buses, falling within subheading ex 87.02 A I b) of the Common Customs Tariff. | |
| 2. The rate of national incorporation provided for in paragraph 1 shall be the same for manufacturers who are nationals of the other Member States established in Spain and for all manufacturers from the Kingdom of Spain. The treatment accorded to the abovementioned manufacturers shall not be less favourable than that accorded to manufacturers from third countries. | |
| Article 45 | |
| 1. Notwithstanding Article 42, the Community may retain until 31 December 1988 quantitative restrictions on exports to Spain for the following products: | |
| CCT heading No | Description | |
| ex 26.03 | Copper ash and residues and alloys thereof | |
| ex 74.01 | Copper waste and scrap and alloys thereof | |
| 2. The restrictions referred to in paragraph 1 shall consist of annual quantitative quotas. | |
| 3. The quotas for 1986 shall be respectively 5 000 tonnes for copper ash and residues and alloys thereof falling within heading No ex 26.03 of the Common Customs Tariff and 14 000 tonnes for copper waste and scrap and alloys thereof falling within heading No ex 74.01 of the Common Customs Tariff. | |
| The rate of annual progressive increase for the initial quotas applicable as from the beginning of the second year shall be 10 % at the beginning of each year. Such increase shall be added to each quota and the next increase calculated on the basis of the total thus obtained. | |
| 4. Where exports from the Community of a product referred to in paragraph 1 have, for 1986 and 1987, been less than 90 % of the quota opened, the restrictions in question shall be abolished from 1 January 1988. | |
| 5. The arrangements applied by the Community with regard to Spain, as provided for in paragraphs 1 to 4, shall not be less favourable than those applied to third countries. | |
| Article 46 | |
| Notwithstanding Article 42 the present Member States may, until the end of the period referred to in Article 52, retain quantitative restrictions on exports of waste and scrap metal of iron or steel falling within heading No 73.03 of the Common Customs Tariff, which they applied to the Kingdom of Spain prior to the date of accession, insofar as these arrangements are not more restrictive than those applied to exports to third countries. | |
| Article 47 | |
| 1. Notwithstanding Article 42, the holder, or his beneficiary, of a patent for a chemical or pharmaceutical product or a product relating to plant health, filed in a Member State at a time when a product patent could not be obtained in Spain for that product may rely upon the rights granted by that patent in order to prevent the import and marketing of that product in the present Member State or States where that product enjoys patent protection even if that product was put on the market in Spain for the first time by him or with his consent. | |
| 2. This right may be invoked for the products referred to in paragraph 1 until the end of the third year after Spain has made these products patentable. | |
| Article 48 | |
| 1. Without prejudice to paragraphs 2 and 3 of this Article, the Kingdom of Spain shall, from 1 January 1986, progressively adjust State monopolies of a commercial character within the meaning of Article 37 (1) of EEC Treaty, bearing in mind, where appropriate, Article 90 (2) of the EEC Treaty, so as to ensure that by 31 December 1991 at the latest no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States. | |
| The present Member States shall have equivalent obligations in relation to the Kingdom of Spain. | |
| The Commission shall make recommendations as to the manner in which and the timetable according to which the adjustment must be carried out, it being understood that the manner and timetable must be the same for the Kingdom of Spain and the present Member States. | |
| 2. The Kingdom of Spain shall, from 1 January 1986, abolish all exclusive export rights. | |
| 3. With regard to products indicated in the list appearing in Annex V, the exclusive import rights shall be abolished not later than 31 December 1991. The abolition of these exclusive rights shall be made by progressively opening, from 1 January 1986, import quotas for products from the present Member States. Quota volumes for 1986 are indicated in the said list. | |
| The Kingdom of Spain shall increase the quota volumes in the manner set out in the annex referred to in the first subparagraph. | |
| The increases expressed in percentage terms shall be added to each quota and the next increase calculated on the basis of the total thus obtained. | |
| The quotas referred to in the first subparagraph shall be opened for all operators without restriction and goods imported under these quotas may not be subject in Spain to exclusive marketing rights at the wholesale level; as regards retail sales of certain goods imported under quotas, the marketing of such goods to consumers will have to be on a non-discriminatory basis. | |
| 4. The adjustment of the monopoly of products indicated in the list appearing in Annex VI may not necessarily affect the functioning of the Spanish petroleum monopoly with regard to third countries. This monopoly may continue to determine the origin and the conditions of acquisition of a share of crude oil imports, from third countries, necessary to ensure availability of supply on the Spanish market, whilst complying with the provisions of the EEC Treaty, and in particular those relating to free movement contained in Articles 30 and 37 of that Treaty. | |
| Article 49 | |
| Notwithstanding Article 42, the arrangements described in Protocol 9 shall be applied to trade in certain textile products between the Community as at present constituted and Spain. | |
| Section III | |
| Other provisions | |
| Article 50 | |
| 1. The Commission shall, with due regard for the provisions in force, in particular those relating to Community transit, determine the methods of administrative cooperation designed to ensure that goods, fulfilling the requisite conditions, benefit from the abolition of customs duties and charges having equivalent effect, and quantitative restrictions and measures having equivalent effect, laid down by this Act. | |
| 2. Until 28 February 1986 the provisons of the 1970 Agreement between the European Economic Community and Spain on customs arrangements shall continue to apply to trade between the Community as at present constituted and Spain. | |
| 3. The Commission shall lay down the provisions applicable from 1 March 1986 to trade within the Community in goods obtained in the Community in the manufacture of which have been incorporated: | |
| — | products on which the customs duties or charges having equivalent effect which were applicable to them in the Community as at present constituted or in Spain have not been levied, or which have benefited from a total or partial drawback of such duties or charges, | |
| — | agricultural products, which do not fulfil the required conditions to be released for free circulation in the Community as at present constituted or in Spain. | |
| In adopting these provisions, the Commission shall take into account the rules laid down in this Act for the elimination of customs duties between the Community as at present constituted and Spain, and for the progressive application by the Kingdom of Spain of the Common Customs Tariff and provisions concerning the common agricultural policy. | |
| Article 51 | |
| 1. Save as otherwise provided in this Act, the provisions in force with regard to customs legislation for trade with third countries shall apply under the same conditions to trade within the Community for such time as customs duties are levied in that trade. | |
| For the purpose of establishing the customs value in respect of trade within the Community, and trade with third countries, until: | |
| — | 31 December 1992 for industrial products, | |
| — | 31 December 1995 for agricultural products, | |
| the customs territory to be taken into consideration shall be that defined by the provisions existing in the Community and in the Kingdom of Spain on 31 December 1985. | |
| 2. The Kingdom of Spain shall apply the Common Customs Tariff and ECSC unified tariff nomenclatures in trade within the Community from 1 March 1986. | |
| The Kingdom of Spain may include within these nomenclatures national subdivisions existing at the time of accession which are indispensable in order that the progressive elimination of its customs duties within the Community be carried out under the conditions laid down in this Act. | |
| Article 52 | |
| During a period of three years from the date of accession, the Kingdom of Spain shall complete the restructuring of its iron and steel industry under the conditions defined in Protocol 10 annexed hereto. | |
| The period indicated above may be shortened and the detailed rules set out in the said Protocol may be amended by the Commission with the assent of the Council on the basis of: | |
| — | the state of progression of the Spanish restructuring plans, taking into account significant factors in the re-establishment of the viablility of the undertakings, | |
| — | iron and steel measures in force in the Community after the date of accession; in that case, the arrangements applicable after accession to Spanish deliveries to the Community as at present constituted should not lead to major differences in treatment between Spain and the other Member States. | |
| Article 53 | |
| 1. Where the compensatory amounts referred to in Article 72 are applied in trade between the Community as at present constituted and the Kingdom of Spain to one or more of the basic products considered as having been used in the manufacture of goods covered by Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, the following transitional measures shall be applied: | |
| — | A compensatory amount calculated on the basis of the compensatory amounts referred to in Article 72 and in accordance with the rules laid down by Regulation (EEC) No 3033/80 for calculating the variable component applicable to the goods covered by this Regulation shall be applied on importation of those goods into the Community as at present constituted from Spain. | |
| — | When the goods covered by Regulation (EEC) No 3033/80 are imported from third countries into Spain the variable component laid down by this Regulation shall be increased or reduced as the case may be by the compensatory amount referred to in the first indent. | |
| — | A compensatory amount determined on the basis of the compensatory amounts fixed for the basic products and in accordance with the rules applicable for the calculation of the refunds provided for in Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds, shall, for the goods covered by this Regulation, be applied on exportation of those goods from the Community as at present constituted into Spain. | |
| — | Where products covered by Regulation (EEC) No 3035/80 are exported from Spain to third countries they shall be subject to the compensatory amount referred to in the third indent. | |
| 2. The customs duty constituting the fixed component of the charge applicable, as from the date of accession, to imports into Spain of goods covered by Regulation (EEC) No 3033/80 shall be determined by deducting from the basic customs duty applied by the Kingdom of Spain to products originating in the Community as at present constituted a variable component equal to the variable component laid down in application of Regulation (EEC) No 3033/80, increased or reduced, as the case may be, by the compensatory amount referred to in the first and third indents of paragraph 1. | |
| For the products falling within the headings of the Common Customs Tariff mentioned in Annex VII, the fixed component shall be equal to the duties which appear in the said Annex. | |
| Spain may submit the products listed in Annex VII and the spirituous beverages falling within subheading 22.09 C of the Common Customs Tariff to Community surveillance for a seven-year transitional period for exclusively statistical purposes. Nevertheless imports of those products may not be delayed in any way as a result of this statistical surveillance being applied. | |
| 3. The customs duty constituting the fixed component of the charge applicable as from the date of accession to imports into Spain from third countries of the goods covered by Regulation (EEC) No 3033/80 shall be equal to the higher of the two amounts determined as follows: | |
| — | The amount obtained by deducting from the basic customs duty applied by the Kingdom of Spain to imports from third countries a variable component equal to the variable component fixed pursuant to Regulation (EEC) No 3033/80, increased or decreased, as the case may be, by the compensatory amount referred to in the first and third indents of paragraph 1. | |
| — | The amount obtained by adding together the fixed component applicable to imports into Spain from the Community as at present constituted and the fixed component of the Common Customs Tariff duty (or with regard to third countries benefiting from the Community generalized system of preferences, the fixed preferential component which the Community applies, where appropriate, to imports from those countries). | |
| 4. By way of derogation from Article 30, the customs duties applied by the Kingdom of Spain to imports from the Community and third countries shall be converted, as from the date of accession, into the type of duty and the units entered in the Common Customs Tariff. Conversion shall be made on the basis of the value of the goods imported into Spain during the last four three-month periods for which information is available or, in the absence of imports of the goods concerned into Spain, on the basis of the unit value of the same goods imported into the Community as at present constituted. | |
| 5. Every fixed component applied in trade between the Community as at present constituted and the Kingdom of Spain shall be eliminated in accordance with Article 31. | |
| Every fixed component applied by the Kingdom of Spain to imports from third countries shall be aligned on the fixed component of the Common Customs Tariff duty (or, where appropriate, on the fixed preferential component provided for in the Community generalized system of preferences), in accordance with Articles 37 and 40. | |
| 6. Where a reduction in the variable component of the Common Customs Tariff duty is granted to third countries benefiting from the Community generalized system of preferences, the Kingdom of Spain shall apply this variable preferential component as from the date of accession. | |
| Section IV | |
| Trade between the Kingdom of Spain and the Portuguese Republic | |
| Article 54 | |
| The Kingdom of Spain shall apply Articles 30 to 53 in its trade with the Portuguese Republic, subject to the conditions set out in Protocol 3. | |
| CHAPTER 2 | |
| Free movement of persons, services and capital | |
| Section I | |
| Workers | |
| Article 55 | |
| Article 48 of the EEC Treaty shall only apply, in relation to the freedom of movement of workers between Spain and the other Member States, subject to the transitional provisions laid down in Articles 56 to 59 of this Act. | |
| Article 56 | |
| 1. Articles 1 to 6 of Regulation (EEC) No 1612/68 on the freedom of movement of workers within the Community shall apply in Spain with regard to nationals of the other Member States and in the other Member States with regard to Spanish nationals, only as from 1 January 1993. | |
| The Kingdom of Spain and the other Member States may maintain in force until 31 December 1992, with regard to nationals of the other Member States and to Spanish nationals respectively, national provisions, or those resulting from bilateral arrangements, making prior authorization a requirement for immigration with a view to pursuing an activity as an employed person and/or taking up paid employment. | |
| However the Kingdom of Spain and the Grand Duchy of Luxembourg may maintain in force until 31 December 1995 the national provisions referred to in the preceding subparagraph with regard to Luxembourg nationals and Spanish nationals respectively. | |
| 2. As from 1 January 1991 the Council shall, after receiving a report from the Commission, examine the results of the application of the measures of derogation referred to in paragraph 1. | |
| On completion of this examination, the Council, acting unanimously on a proposal from the Commission may, on the basis of new data, adopt provisions intended to adjust the said measures. | |
| Article 57 | |
| 1. Article 11 of Regulation (EEC) No 1612/68 shall apply until 31 December 1990 in Spain with regard to nationals of the other Member States and in the other Member States with regard to Spanish nationals under the conditions indicated hereinafter: | |
| (a) | The members of workers' families referred to in Article 10 (1) (a) of the said Regulation, installed in accordance with regulations with the worker in the territory of a Member State at the date of signature of this Act, shall have the right, upon accession, to take up any paid employment throughout the territory of that Member State. | However, eligibility for the right referred to above may be limited to the members of Spanish workers' families, installed in another Member State at a previous date defined pursuant to special bilateral arrangements concluded before the date of signature of this Act, concerning the conditions for access to employment of members of the families of Spanish workers after accession. | |
| (b) | The members of workers' families, referred to in Article 10 (1) (a) of the said Regulation, installed in accordance with regulations with the worker in the territory of a Member State after the date of signature of this Act, shall have the right to take up any paid employment there if they have been resident there for at least three years. This period of residence shall be reduced to 18 months as from 1 January 1989. | This paragraph shall be without prejudice to more favourable national provisions or those resulting from bilateral arrangements. | |
| 2. The arrangements provided for in paragraph 1 shall also apply to members of the family of a self-employed person installed with him in a Member State. | |
| Article 58 | |
| In so far as certain provisions of Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families may not be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to Article 56, the Kingdom of Spain and the other Member States may derogate from those provisions to the extent necessary for the application of the provisions for derogation which are laid down in Article 56 in connection with the said Regulation. | |
| Article 59 | |
| The Kingdom of Spain and the other Member States shall take, with the assistance of the Commission, the necessary measures so that the application of the Commission Decision of 8 December 1972 on the uniform system established pursuant to Article 15 of Council Regulation (EEC) No 1612/68, known as ‘Sedoc’ and the Commission Decision of 14 December 1972 on the ‘Community plan’ for the collection and circulation of information provided for in Article 14 (3) of Regulation (EEC) No 1612/68 may be extended to Spain by 1 January 1993 at the latest. | |
| Article 60 | |
| 1. Until the entry into force of the uniform solution for all the Member States referred to in Article 99 of 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 until 31 December 1988 at the latest, Articles 73 (1) and (3), 74 (1) and 75 (1) of Regulation (EEC) No 1408/71, and Articles 86 and 88 of Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 shall not apply to Spanish workers who are employed in a Member State other than Spain, and the members of whose families are resident in Spain. | |
| Articles 73 (2), 74 (2), 75 (2) and 94 (9) of Regulation (EEC) No 1408/71, and Articles 87, 89, 98 and 120 of Regulation (EEC) No 574/72 shall apply by analogy to these workers. | |
| However, the foregoing is without prejudice to legislative provisions of a Member State whereby family benefits are to be payable in respect of members of the family, whatever their country of residence. | |
| 2. Notwithstanding Article 6 of Regulation (EEC) No 1408/71, the following provisions of Social Security Conventions shall continue to apply to Spanish workers during the period referred to in paragraph 1: | |
| (a) | Spain — Belgium | — | Article 20 (2) and (3) of the General Convention of 28 November 1956, | — | Articles 59, 60 and 61 of the Administrative Arrangement of 30 July 1969. | |
| (b) | Spain — Germany | Points 1 to 4 of Article 40 (1) of the Convention of 4 December 1973, as amended by Article 2 of the Modifying Arrangement of 17 December 1975. | |
| (c) | Spain — Italy | — | Articles 25 and 26 of the Convention of 30 October 1979, | — | Articles 31 and 32 of the Administrative Arrangement of 30 October 1979. | |
| (d) | Spain — Luxembourg | — | Article 29 of the Convention of 8 May 1969, as amended by Article 3 of the Second Supplementary Agreement of 29 March 1978, | — | Article 30 of the Administrative Arrangement of 25 May 1971. | |
| (e) | Spain — Netherlands | — | Article 37 (2) and (5) of the Convention of 5 February 1974, | — | Articles 46 and 47 of the Administrative Arrangement of 5 February 1974. | |
| (f) | Spain — Portugal | — | Articles 23 and 24 of the General Convention of 11 June 1969, | — | Articles 45 and 46 of the Administrative Arrangement of 22 May 1970. | |
| (g) | Spain — United Kingdom | — | Article 22 of the Convention of 13 September 1974, | — | Article 17 of the Agreement of 30 October 1974. | |
| Section II | |
| Capital movements | |
| Article 61 | |
| 1. The Kingdom of Spain may, under the conditions and within the time limits set out in Articles 62 to 66, postpone the liberalization of capital movements set out in Lists A and B of the First Council Directive of 11 May 1960 for the implementation of Article 67 of the Treaty and of the Second Council Directive of 18 December 1962 adding to and amending the First Directive for the implementation of Article 67 of the EEC Treaty. | |
| 2. Appropriate consultations shall take place in due course between the Spanish authorities and the Commission on procedures for applying measures of liberalization or relaxation the implementation of which may be postponed under the following provisions. | |
| Article 62 | |
| The Kingdom of Spain may postpone: | |
| (a) | until 31 December 1988, the liberalization of direct investments in the undertakings of the other Member States by persons resident in Spain, having as their object the acquisition and ownership of transferable securities, | |
| (b) | until 31 December 1990, the liberalization of direct investments in the undertakings of the other Member States by persons resident in Spain, having as their object the acquisition, possession or exploitation of immovable property. | |
| Article 63 | |
| The Kingdom of Spain may postpone, until 31 December 1990, the liberalization of real estate investments in the other Member States by persons resident in Spain, to the extent that these investments are not related to emigration in the context of the freedom of movement for workers or the right of establishment. | |
| Article 64 | |
| The Kingdom of Spain may postpone, until 31 December 1988, the liberalization of acquisition in the other Member States by persons resident in Spain of foreign securities dealt in on a stock exchange. | |
| However, the liberalization of the acquisition: | |
| — | of these securities by insurance companies, deposit banks, industrial banks up to 10 % of the increase of their own resources, | |
| — | of these securities by investment funds and companies dealing in personal property, under the conditions laid down by national provisions governing such funds and companies, | |
| — | of fixed income securities, issued by the European Communities and the European Investment Bank, | |
| shall take place on accession. | |
| Article 65 | |
| The Kingdom of Spain shall, circumstances permitting, carry out the liberalization of capital movements provided for in Articles 62, 63 and 64 before the expiry of the time limits provided for in those Articles. | |
| Article 66 | |
| For the purposes of applying the provisions of this section, the Commission may consult the Monetary Committee and submit appropriate proposals to the Council. | |
| CHAPTER 3 | |
| Agriculture | |
| Section I | |
| General provisions | |
| Article 67 | |
| 1. This Chapter concerns agricultural products with the exception of products falling within Regulation (EEC) No 3796/81 on the common organization of the market in fishery products. | |
| 2. Save as otherwise provided for in this Chapter, the rules laid down in this Act shall apply to the agricultural products referred to in paragraph 1. | |
| 3. Subject to the specific provisions of this Chapter laying down different dates or shorter time limits, the application of the transitional measures for the agricultural products referred to in paragraph 1 shall terminate at the end of 1995. | |
| Sub-section 1 | |
| Price compensation and moves towards price alignment | |
| Article 68 | |
| Before the first move towards price alignment referred to in Article 70, the prices to be applied in Spain shall be fixed, in accordance with the rules provided for in the common organization of the market in the sector in question, at a level corresponding to that of prices fixed in Spain under the previous national system, for a representative period to be determined for each product. | |
| If, for a given product, no definition of the Spanish price exists, the price to be applied in Spain shall be calculated on the basis of the prices actually recorded on Spanish markets during a representative period to be determined. | |
| However, in the absence of price data in respect of certain products on the Spanish market, the price to be applied in Spain shall be calculated on the basis of the prices obtaining in the Community as at present constituted of similar products or groups of similar products, or products with which they are in competition. | |
| Article 69 | |
| 1. In the event that, on accession, it is found that the variation between the price level for a product in Spain and the common price level is minimal, the common price may be applied in Spain for the product in question. | |
| 2. The variation referred to in paragraph 1 shall be considered as minimal where it is less than or equal to 3 % of the common price. | |
| Article 70 | |
| 1. If the application of Article 68 in Spain results in a price level different from that of the common prices, the prices in respect of which, in Section II, reference is made to this Article shall, subject to paragraph 4, be aligned with the common prices each year at the beginning of the marketing year in accordance with the provisions of paragraphs 2 and 3. | |
| 2. Where the price of a product in Spain is lower than the common price, the move towards alignment shall be made in seven stages, the price in Spain, at the time of the first six moves towards alignment, being increased successively, by a seventh, a sixth, a fifth, a quarter, a third and a half of the difference between the price level in that Member State and the common price level which are applicable before each move towards alignment; the price resulting from that calculation shall be increased or reduced proportionately to any rise or fall in the common price for the next marketing year; the common price shall be applied in Spain at the time of the seventh move towards alignment: | |
| 3. | (a) | Where the price of a product in Spain is higher than the common price, the price in that Member State shall be maintained at the level resulting from the application of Article 68, the moves towards alignment resulting from the development of common prices during the seven years following accession. | However, the price in Spain shall be adjusted to the extent necessary to avoid an increase in the variation between that price and the common price. | Moreover, if the Spanish prices, expressed in ECU, fixed under the previous national arrangements for the 1985/86 marketing year have led to an overrun in the variation existing for the 1984/85 marketing year between the Spanish prices and the common prices, the price in Spain resulting from the application of the two preceding subparagraphs shall be reduced by an amount to be determined, equivalent to part of the overrun, so that the overrun is totally absorbed over the first seven marketing years following accession. | Without prejudice to point (b), the common price shall be applied when the seventh move towards adjustment takes place. | (b) | Where the price of a product in Spain is significantly higher than the common price, the Council shall, at the end of the fourth year following accession, carry out an analysis of the development of moves towards price alignment, on the basis of an opinion from the Commission accompanied, where appropriate, by suitable proposals. | The Council, acting by a qualified majority on a proposal from the Commission and after consulting the Assembly, may, in particular, prolong the period for moves towards price alignment within the limits of the maximum duration of the period of application of the transitional measures and decide on other methods of accelerated moves towards price alignment. | |
| 4. In the interests of the smooth functioning of the process of integration, it may be decided that, notwithstanding paragraph 2, the price of one or more products in Spain shall, for one marketing year, vary from the prices resulting from the application of that paragraph. | |
| That variation may not exceed 10 % of the amount of the price move to be made. | |
| In that event, the price level for the following marketing year shall be that which would have resulted from applying paragraph 2 if the variation had not been decided upon. A further variation from that price level may, however, be decided upon for that marketing year under the conditions laid down in the first and second subparagraphs. | |
| The derogation laid down in the first subparagraph shall not apply to the last move towards alignment referred to in paragraph 2. | |
| Article 71 | |
| Where, on the date of accession or during the period of application of the transitional measures, the price on the world market for a certain product exceeds the common price, the common price may be applied in Spain for the product in question, unless the price applied in Spain is higher than the common price. | |
| Article 72 | |
| The differences in price levels in respect of which, in Section II, reference is made to this Article shall be compensated for as follows: | |
| 1. | For products in respect of which prices are fixed in accordance with Articles 68 and 70, the compensatory amounts applicable in trade between the Community as at present constituted and Spain, and between Spain and third countries, shall be equal to the difference between the prices fixed for Spain and the common prices. | However, the compensatory amount established in accordance with the rules referred to above shall, where appropriate, be corrected to take into account also the incidence of national aid that the Kingdom of Spain is authorized to maintain under Article 80. | |
| 2. | No compensatory amount shall, however, be fixed if the application of paragraph 1 results in a minimal amount. | |
| 3. | (a) | In trade between Spain and the Community as at present constituted, compensatory amounts shall be levied by the importing State or granted by the exporting State. | (b) | In trade between Spain and third countries, levies or other import charges applied under the common agricultural policy, and, save for express derogation, export refunds, shall be reduced or increased, as the case may be, by the compensatory amounts applicable in trade with the Community as at present constituted. | Customs duties may not, however, be reduced by the compensatory amount. | |
| 4. | For products in respect of which the duty in the Common Customs Tariff is bound under the General Agreement on Tariffs and Trade, the binding shall be taken into account. | |
| 5. | The compensatory amount levied or granted by a Member State in accordance with paragraph 1 may not exceed the total amount levied by that same Member State on imports from third countries, benefiting from the most-favoured-nation clause. | The Council, acting by a qualified majority on a proposal from the Commission, may derogate from this rule, in particular in order to avoid deflections of trade and distortions of competition. | |
| 6. | The Council, acting by a qualified majority on a proposal from the Commission, may derogate, in so far as is necessary for the proper functioning of the common agricultural policy, from the first subparagraph of Article 53 for products to which compensatory amounts apply. | |
| Article 73 | |
| If the world market price for a product is higher than the price used in calculating the import charge introduced under the common agricultural policy, less the compensatory amount deducted from the import charge in accordance with Article 72 or, if the refund on exports to third countries is less than the compensatory amount or, if no refund is applicable, appropriate measures may be taken with a view to ensuring the proper functioning of the common organization of the market. | |
| Article 74 | |
| 1. The compensatory amounts granted shall be financed by the Community from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| 2. Expenditure to be made by the Kingdom of Spain with regard to intervention on its internal market and to the granting of refunds or subsidies for exports to third countries and the other Member States shall remain national until 31 December 1989 for products falling under Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables. | |
| However, the Community shall participate in financing intervention operations carried out by the Kingdom of Spain during the verification of convergence phase applicable to those products under the conditions set out in Article 133. | |
| As from the second phase, expenditure on intervention in the Spanish domestic market and on the granting of refunds for exports to third countries shall be financed by the Community under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Sub-section 2 | |
| Free movement and customs union | |
| Article 75 | |
| The following provisions shall apply to products the importation of which from third countries into the Community as at present constituted is subject to customs duties: | |
| 1. | Without prejudice to paragraphs 4 and 5, customs duties on imports shall be progressively abolished between the Community as at present constituted and Spain in accordance with the following time-table: | — | on 1 March 1986, each duty shall be reduced to 87,5 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 75 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 50 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 37,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 25 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 12,5 % of the basic duty, | — | on 1 January 1993, every duty shall be abolished. | However: | (a) | for products falling within Regulation (EEC) No 1035/72, tariff dismantling shall take place over a transitional period of 10 years in accordance with the following procedure: | — | for products for which a reference price is fixed, the duties shall be progressively abolished in eleven annual instalments in accordance with the following timetable: | — | on 1 March 1986, 10 %, | — | on 1 January 1987, 10 %, | — | on 1 January 1988, 10 %, | — | on 1 January 1989, 10 %, | — | on 1 January 1990, 25 %, | — | on 1 January 1991, 15 %, | — | on 1 January 1992, 4 %, | — | on 1 January 1993, 4 %, | — | on 1 January 1994, 4 %, | — | on 1 January 1995, 4 %, | — | on 1 January 1996, 4 %, | — | for the other products, customs duties shall be progressively abolished in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished; | (b) | for products falling within Regulation (EEC) No 805/68 on the common organization of the market in beef and veal, customs duties on imports shall be progressively abolished in eight stages by 12,5 % at the beginning of each of the eight marketing years following accession; | (c) | for oil seeds and oleagineous fruit falling under subheading 12.01 B of the Common Customs Tariff and for products falling within heading No 12.02 and subheading 23.04 B thereof, import duties shall be progressively abolished between the Community as at present constituted and Spain in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished; | (d) | for the products referred to in Article 1 (2) (b) of Regulation No 136/66/EEC, with the exception of those falling within heading No 12.02 and subheading 23.04 B of the Common Customs Tariff, the Community as at present constituted and the Kingdom of Spain shall apply unchanged their respective basic duties and charges having equivalent effect during the period of application in Spain of certain control mechanisms referred to in Article 94. | On the expiry of that period, charges having an equivalent effect to customs duties shall be abolished in their entirety, and the customs duties shall be progressively abolished in accordance with the following timetable: | — | on 1 January 1991, each duty shall be reduced to 83,3 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 66,6 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 49,9 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 33,2 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 16,5 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished. | |
| 2. | Without prejudice to paragraphs 4 and 5, for the purposes of the implementation by the Kingdom of Spain of the Common Customs Tariff, the following provisions shall apply: | (a) | For the following products: | — | products falling within Regulation (EEC) No 805/68, | — | products falling within Regulation (EEC) No 1035/72 and for which, for the whole or part of the marketing year, a reference price is fixed, | — | products falling within Regulation (EEC) No 337/79 on the common organization of the market in wine and for which a reference price is fixed, | the Kingdom of Spain shall apply the Common Customs Tariff duties in their entirety from 1 March 1986. | (b) | For oil seeds and oleaginous fruit falling under subheading 12.01 B of the Common Customs Tariff and all the products falling under heading No 12.02 and subheading 23.04 B thereof, so that the Common Customs Tariff may be progressively introduced, the Kingdom of Spain shall amend its tariff applicable to third countries as follows: | (aa) | For the tariff headings for which the basic duties do not vary from the Common Customs Tariff duties by more than 15 % either above or below, these latter duties shall apply. | (bb) | In the other cases the Kingdom of Spain shall apply a duty reducing the variation between the basic duty and the Common Customs Tariff duty in accordance with the following timetable: | — | on 1 March 1986, the variation shall be reduced to 90,9 % of the initial variation, | — | on 1 January 1987, the variation shall be reduced to 81,8 % of the initial variation, | — | on 1 January 1988, the variation shall be reduced to 72,7 % of the initial variation, | — | on 1 January 1989, the variation shall be reduced to 63,6 % of the initial variation, | — | on 1 January 1990, the variation shall be reduced to 54,5 % of the initial variation, | — | on 1 January 1991, the variation shall be reduced to 45,4 % of the initial variation, | — | on 1 January 1992, the variation shall be reduced to 36,3 % of the initial variation, | — | on 1 January 1993, the variation shall be reduced to 27,2 % of the initial variation, | — | on 1 January 1994, the variation shall be reduced to 18,1 % of the initial variation, | — | on 1 January 1995, the variation shall be reduced to 9 % of the initial variation. | The Kingdom of Spain shall apply the Common Customs Tariff in its entirety from 1 January 1996. | (c) | For the products referred to in Article 1 (2) (b) of Regulation No 136/66/EEC, with the exception of those falling within heading No 12.02 and subheading 23.04 B of the Common Customs Tariff, the Kingdom of Spain shall apply unchanged its basic duties and charges having equivalent effect during the period of application in Spain of certain control mechanisms referred to in Article 94. | On the expiry of that period, the Kingdom of Spain shall abolish charges having an equivalent effect to customs duties in their entirety and shall amend its tariff applicable to third countries as follows: | (aa) | For the tariff headings from which the basic duties do not vary from the Common Customs Tariff duties by more than 15 % either above or below, these latter duties shall apply. | (bb) | In other cases the Kingdom of Spain shall reduce the variation between the basic duties and the Common Customs Tariff duties in accordance with the following timetable: | — | on 1 January 1991, the variation shall be reduced to 83,3 % of the initial variation, | — | on 1 January 1992, the variation shall be reduced to 66,6 % of the initial variation, | — | on 1 January 1993, the variation shall be reduced to 49,9 % of the initial variation, | — | on 1 January 1994, the variation shall be reduced to 33,2 % of the initial variation. | — | on 1 January 1995, the variation shall be reduced to 16,5 % of the initial variation. | The Kingdom of Spain shall apply the Common Customs Tariff in its entirety from 1 January 1996. | (d) | For the other products: | (aa) | The Common Customs Tariff duty shall be applied by the Kingdom of Spain in its entirety from 1 March 1986, if its basic duties are less than or equal to those of the Common Customs Tariff, with the exception of: | — | natural honey falling within heading No 04.06 of the Common Customs Tariff and unmanufactured tobacco and tobacco refuse falling within heading No 24.01 thereof, for which the Kingdom of Spain shall reduce the variation between the basic duty and the Common Customs Tariff duty in eight movements of 12,5 %, each movement taking place on 1 March 1986 and 1 January of the years 1987 to 1993, | — | cocoa beans, whole or broken, raw or roasted falling within heading No 18.01 of the Common Customs Tariff and coffee, unroasted and not freed of caffeine falling within subheading 09.01 A I a) thereof, for which the Kingdom of Spain shall reduce the variation between the basic duty and the Common Customs Tariff duty in accordance with the following timetable: | — | on 1 March 1986, the variation shall be reduced to 83,3 % of the initial variation, | — | on 1 January 1987, the variation shall be reduced to 66,6 % of the initial variation, | — | on 1 January 1988, the variation shall be reduced to 49,9 % of the initial variation, | — | on 1 January 1989, the variation shall be reduced to 33,2 % of the initial variation, | — | on 1 January 1990, the variation shall be reduced to 16,5 % of the initial variation. | From 1 January 1991 the Kingdom of Spain shall apply the Common Customs Tariff in its entirety. | (bb) | If Spanish basic duties are higher than the Common Customs Tariff duties, the Kingdom of Spain shall amend its tariff applicable to third countries as follows: | (i) | For the tariff headings for which the basic duties do not vary from the Common Customs Tariff duties by more than 15 % either above or below, these latter duties shall apply. | (ii) | In the other cases the Kingdom of Spain shall apply a duty reducing the variation between the basic duties and the Common Customs Tariff duties in eight equal instalments of 12,5 %, on the following dates: | — | 1 March 1986, | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | 1 January 1990, | — | 1 January 1991, | — | 1 January 1992. | The Kingdom of Spain shall apply the Common Customs Tariff in its entirety from 1 January 1993. | |
| 3. | Within the meaning of paragraphs 1 and 2, the basic duty shall be that defined in Article 30. | However: | — | for the products referred to in Annex VIII, the basic duty shall be that which appears opposite each product, | — | for oil seeds and oleaginous fruit falling within subheading 12.01 B of the Common Customs Tariff and for products falling within heading No 12.02 and subheading 23.04 B thereof, subject under the previous national arrangements to the levy on import into Spain of the so-called ‘regulatory’ or ‘variable compensatory’ duties, the basic duty shall be fixed at a level to be determined under the conditions laid down in Article 91, representative of the 1984/85 marketing year. | |
| 4. | For products subject to the common organization of markets, it may be decided, following the procedure laid down in Article 38 of Regulation No 136/66/EEC or, as the case may be, in the corresponding Articles of other Regulations setting up the common organization of agricultural markets, that: | (a) | Spain, at its request, shall: | — | abolish the customs duties referred to in paragraph 1 or move towards the alignment with customs duties applicable to products other than those referred to in paragraph 2 (a) at a more rapid rate than laid down there, | — | suspend in whole or in part the customs duties on products imported from the present Member States, | — | suspend in whole or in part the customs duties on products imported from third countries for products other than those referred to in paragraph 2 (a); | (b) | the Community as at present constituted shall: | — | abolish the customs duties referred to in paragraph 1 at a more rapid rate than laid down there, | — | suspend in whole or in part the customs duties on products imported from Spain. | For products which are not subject to the common organization of markets: | (a) | no decision is required for the Kingdom of Spain to apply the measures referred to in the first and second indents of point (a) of the first subparagraph; the Kingdom of Spain shall inform the other Member States and the Commission of the measures taken; | (b) | the Commission may suspend in whole or in part the customs duties applicable to products imported from Spain. | The customs duties resulting from an accelerated alignment or suspended customs duties may not be less than the customs duties on imports of the same products from other Member States. | |
| 5. | Should special difficulties arise on the market of products falling within subheadings 15.17 B II and 23.04 B of the Common Customs Tariff, the Kingdom of Spain may be authorized, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC to: | (a) | defer the reduction to be made, under point 1 (c), to import duties in the Community as at present constituted; | (b) | defer the reduction to be made, under point 2 (b), to the variation existing between its basic duties and the Common Customs Tariff duties; | (c) | increase, during such time as is strictly necessary to eliminate the difficulties encountered, the import duties referred to above in points (a) and (b). | |
| Article 76 | |
| 1. The system applicable in the Community as at present constituted in respect of customs duties and charges having equivalent effect and quantitative restrictions and measures having equivalent effect in trade between Spain and the other Member States and between Spain and third countries shall apply in Spain from 1 March 1986, subject to any provision to the contrary in this Chapter, in respect of products covered, on the date of accession, by the common organization of markets. | |
| 2. In respect of products not covered, on 1 March 1986, by the common organization of markets, the provisions of Title II of Part Four concerning the elimination of charges having equivalent effect to customs duties and the progressive abolition of quantitative restrictions and measures having equivalent effect shall not apply to those charges, restrictions and measures if they form part of a national market organization in Spain or in another Member State on the date of accession. | |
| This provision shall only apply until the common organization of the market for these products is implemented and not later than 31 December 1995 and to the extent strictly necessary to ensure the maintenance of the national organization. | |
| 3. The Kingdom of Spain shall apply the Common Customs Tariff nomenclature as from 1 March 1986. | |
| To the extent that no difficulties arise in the application of the Community rules and, in particular, in the functioning of the common organization of markets and of the transitional mechanisms provided for in this Chapter, the Council, acting by a qualified majority on a proposal from the Commission, may authorize the Kingdom of Spain to include within this nomenclature such existing national subdivisions as would be indispensable for carrying out the progressive moves towards alignment with the Common Customs Tariff or the elimination of the duties within the Community under the conditions laid down in this Act. | |
| Article 77 | |
| Without prejudice to Article 94, the Kingdom of Spain may, in accordance with detailed rules to be determined, maintain quantitative restrictions on the import from third countries: | |
| (a) | of the following products until 31 December 1989: | CCT heading No | Description | 07.01 | Vegetables, fresh or chilled: | B. | Cabbages, cauliflowers and Brussels sprouts: | I. | Cauliflowers | G. | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots: | ex II. | Carrots and turnips: | — | Carrots | ex H. | Onions, shallots and garlic: | — | Onions and garlic | M. | Tomatoes | 08.02 | Citrus fruit, fresh or dried: | A. | Oranges | B. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: | ex II. | Other: | — | Mandarins (including tangerines and satsumas) | C. | Lemons | 08.04 | Grapes, fresh or dried: | A. | Fresh: | I. | Table grapes | 08.06 | Apples, pears and quinces, fresh: | A. | Apples | B. | Pears | 08.07 | Stone fruit, fresh: | A. | Apricots | ex B. | Peaches, including nectarines: | — | Peaches | |
| (b) | of the products referred to in Article 1 of Regulation (EEC) No 2759/75 and of the following products until 31 December 1995: | CCT heading No | Description | 02.04 | Other meat and edible meat offals, fresh, chilled or frozen: | ex A. | Of domestic pigeons and domestic rabbits: | — | Meat of domestic rabbits | 11.01 | Cereal flours: | A. | Wheat or meslin flour | 11.02 | Cereal groats and cereal meal; other worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled but not further prepared), except rice falling within heading No 10.06; germ of cereals, whole, rolled, flaked or ground: | A. | Cereal groats and cereal meal | B. | Hulled grains (shelled or husked), whether or not sliced or kibbled | C. | Pearled grains | D. | Grains not otherwise worked than kibbled | ex E. | Rolled grains; flaked grains: | — | Rolled grains | G. | Germ of cereals, whole, rolled, flaked or ground | 11.08 | Starches; inulin: | A. | Starches: | III. | Wheat starch | 11.09 | Wheat gluten, whether or not dried | |
| (c) | of the products subject to the supplementary mechanism applicable to imports into Spain from the Community as at present constituted, referred to Article 81, other than those falling within Regulation (EEC) No 1035/72. | |
| Article 78 | |
| 1. The component for protection of the processing industry which is used in calculating the charge on imports from third countries of products covered by the common organization of the markets in cereals and rice shall be levied on imports from Spain into the Community as at present constituted. | |
| 2. For imports into Spain, the amount of that component shall be determined by separating out, from the protection applied on 1 January 1985, the component or components designed to ensure the protection of the processing industry; however, this amount may not exceed the level of the Community protection component fixed for that product. If specific difficulties of quantification do not allow the determination of the protection component applicable in Spain, that Member State shall immediately apply the Community protection component. | |
| Such components shall be levied on imports from other Member States; they shall replace, as regards the charge on imports from third countries, the Community protection component. | |
| 3. Article 75 shall apply to the component referred to in paragraphs 1 and 2, which shall be considered as the basic component. The reductions or alignments in question shall, however, be made in eight stages by 12,5 % at the beginning of the eight marketing years following accession fixed for the basic product concerned. | |
| Sub-section 3 | |
| Aid | |
| Article 79 | |
| 1. The provisions of this Article shall apply to aids, premiums or other similar amounts set up under the common agricultural policy in respect of which reference is made to this Article in Section II. | |
| 2. For the purposes of applying Community aid in Spain, the following provisions shall apply: | |
| (a) | The level of Community aid to be granted for a given product in Spain from 1 March 1986 shall be equal to an amount defined on the basis of aids granted by the Kingdom of Spain, during a representative period to be determined, under the previous national arrangements. | However, that amount may not exceed the amount of aid granted on 1 March 1986 to the Community as at present constituted. | If no similar aid was granted under the previous national arrangements, and subject to the following provisions, no aid shall be granted in Spain on 1 March 1986. | |
| (b) | At the start of the first marketing year, or in absence thereof, of the first period of application of the aid following accession: | — | either Community aid shall be introduced in Spain at a level representing one-seventh of the amount of Community aid applicable for the ensuing marketing year or period, | — | or the level of Community aid in Spain shall, where a difference exists, be aligned on the level of aid applicable in the Community as at present constituted for the ensuing marketing year or period by one-seventh of the difference existing between those two aids. | |
| (c) | At the start of the following marketing years or periods of application, the level of Community aid in Spain shall be aligned on the level of aid applicable in the Community as at present constituted for the ensuing marketing year or period successively by one-sixth, one-fifth, one-quarter, one-third and half the difference existing between those two aids. | |
| (d) | The level of Community aid shall be applied in its entirety in Spain at the start of the seventh marketing year or period of application of the aid following accession. | |
| Article 80 | |
| 1. Without prejudice to Article 79, the Kingdom of Spain shall be authorized to maintain national aids, the abolition of which would not fail to have serious consequences both for producer and consumer prices. However, such aids can only be maintained on a transitional and, in principle, degressive basis, until not later than the end of the period of application of the transitional measures. | |
| 2. The Council, acting under the conditions set out in Article 91, shall adopt the necessary measures for the implementation of the provisions of this Article. These measures shall include in particular the list and the exact wording of the aids referred to in paragraph 1, the amount of the aids, the timetable of their abolition, any degressivity scale and the detailed rules necessary to ensure the proper functioning of the common agricultural policy; these detailed rules must, in addition, ensure equal access to the Spanish market. | |
| 3. Should the need arise, a derogation may be made, during the period of application of the transitional measures, from the degressivity scale referred to in paragraph 2. | |
| Sub-section 4 | |
| Supplementary trade mechanism | |
| Article 81 | |
| 1. A supplementary mechanism applicable to trade between the Community as at present constituted and Spain shall be set up, hereinafter referred to as ‘the STM’. | |
| The STM shall apply from 1 March 1986 to 31 December 1995, with the exception of the products referred to in the first indent of paragraph 2 (a) and point (b) (cc) to which it shall apply from 1 January 1990 to 31 December 1995. | |
| 2. The following products shall be subject to the STM: | |
| (a) | With regard to imports into the Community as at present constituted: | — | products of the fruit and vegetable sector falling within Regulation (EEC) No 1035/72, | — | products of the wine sector falling within Regulation (EEC) No 337/79, | — | new potatoes falling within subheading 07.01 A II of the Common Customs Tariff. | |
| (b) | With regard to imports into Spain, the following products: | (aa) | Products of the wine sector falling within Regulation (EEC) No 337/79. | (bb) | CCT heading No | Description | 01.02 | Live animals of the bovine species: | A. | Domestic species: | ex II. | Other: | — | Excluding animals for bull fights | 02.01 | Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03 or 01.04, fresh, chilled or frozen: | A. | Meat: | II. | Of bovine animals | B. | Offals: | II. | Other: | b) | Of bovine animals | 02.06 | Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked: | C. | Other: | I. | Of bovine animals | 04.01 | Milk and cream, fresh, not concentrated or sweetened | 04.02 | Milk and cream, preserved, concentrated or sweetened: | A. | Not containing added sugar: | ex II. | Milk and cream, in powder or granules: | — | Intended for human consumption | B. | Containing added sugar: | I. | Milk and cream, in powder or granules: | a) | Special milk for infants, in hermetically sealed containers of a net capacity of 500 g or less and of a fat content, by weight, exceeding 10 % but not exceeding 27 % | ex b) | Other: | — | Intended for human consumption | 04.03 | Butter | 04.04 | Cheese and curd: | A. | Emmentaler, Gruyère, Sbrinz, Bergkäse, Appenzell, Vacherin fribourgeois and Tête de moine, not grated or powdered | B. | Glarus herb cheese (known as Schabziger), made from skimmed milk and mixed with finely-ground herbs | C. | Blue-veined cheese, not grated or powdered | D. | Processed cheese, not grated or powdered | E. | Other: | I. | Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter: | ex a) | Not exceeding 47 %: | — | Excluding curd | b) | Exceeding 47 % but not exceeding 72 %: | 1. | Cheddar | ex 2. | Other: | — | Excluding curd | c) | Exceeding 72 %: | ex. 1. | In immediate packings of a net capacity not exceeding 500 g: | — | Excluding curd | ex. 2. | Other: | — | Excluding curd | II. | Other: | a) | Grated or powdered | ex b) | Other: | — | Excluding curd | CCT heading No | Description | 07.01 | Vegetables, fresh or chilled: | B. | Cabbages, cauliflowers and Brussels sprouts: | I. | Cauliflowers | G. | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots: | ex II. | Carrots and turnips: | — | Carrots | ex H. | Onions, shallots and garlic: | — | Onions and garlic | M. | Tomatoes | 08.02 | Citrus fruit, fresh or dried: | A. | Oranges | B. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: | ex II. | Other: | — | Mandarins (including tangerines and satsumas) | C. | Lemons | 08.04 | Grapes, fresh or dried: | A. | Fresh: | I. | Table grapes | 08.06 | Apples, pears and quinces, fresh: | A. | Apples | B. | Pears | 08.07 | Stone fruit, fresh: | A. | Apricots | ex B. | Peaches, including nectarines: | — | Peaches | (dd) | CCT heading No | Description | 10.01 | Wheat and meslin (mixed wheat and rye): | B. | Other: | ex I. | Common wheat, and meslin: | — | Common wheat of breadmaking quality | |
| 3. In accordance with the procedures set out in Article 82 a decision may be made to withdraw from the list of products subject to the STM: | |
| (a) | Products from the wine sector, new potatoes and milk in powder or granules intended for human consumption at the start of the second year following accession and at the start of each of the following years. | |
| (b) | Fruit and vegetables, at the latest nine months before the expiry of the fourth year following accession and of the start of each of the following years. | |
| (c) | The other products referred to in paragraph 2 (b), as from the fifth year following accession and at the start of each following year. | With regard to those products, account will be taken in particular of the situation at the level of the production and marketing structure of the products in question. | |
| 4. A decision may be made, in accordance with the procedure laid down in Article 11 of Regulation (EEC) No 2358/71 on the common organization of the market in seeds, the Management Committee set up by that Regulation having competence in the matter, to submit to the STM, for the period 1 March 1986 to 31 December 1989, imports into Spain of certified seed potatoes of lesser quality falling within subheading ex 07.01 A I of the Common Customs Tariff. | |
| 5. Should especial difficulties be experienced a decision may be made, at the request of the Kingdom of Spain and in accordance with the procedure laid down in Article 82, to supplement the list of products subject to the STM on import into Spain with regard to those products falling within Regulation (EEC) No 1035/72 not referred to in paragraph 2 (b). | |
| 6. The Commission shall submit at the beginning of each year a report to the Council on the functioning of the STM during the previous year. | |
| Article 82 | |
| 1. An ad hoc Committee shall be established consisting of representatives of the Member States and presided over by a representative of the Commission. | |
| 2. Within the ad hoc Committee the votes of Member States shall be weighted in accordance with Article 148 (2) of the EEC Treaty. The chairman shall not vote. | |
| 3. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the ad hoc Committee, either on his own initiative or at the request of the representative of a Member State. | |
| 4. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit set by the chairman according to the urgency of the matter. An opinion shall be delivered by a majority of 54 votes. | |
| 5. The Commission shall adopt the measures and shall apply them immediately, where they are in accordance with the opinion of the Committee. If they are not in accordance with the opinion of the Committee or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall adopt the measures on a qualified majority. | |
| If, on the expiry of one month from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately, save in the case where the Council has decided by a simple majority against the said measures. | |
| Article 83 | |
| 1. At the start of each marketing year, a forward estimate shall be drawn up, following the procedure set out in Article 38 of Regulation No 136/66/EEC or, as the case may be, the corresponding Articles of the other Regulations on the common organization of agricultural markets, for each of the products subject to the STM. For new potatoes the estimate shall be drawn up in accordance with procedure set out in Article 33 of Regulation (EEC) No 1035/72, the Management Committee set up by that Regulation having competence in the matter. | |
| This estimate shall be drawn up on the basis of production and consumption estimates in Spain or in the Community as at present constituted; on the basis of this estimate, a forward timetable shall be drawn up for the marketing year in question in accordance with the same procedure on development in trade and on fixing an indicative import ceiling in the market in question. | |
| A specific estimate shall be drawn up for the period running from 1 March 1986 until the beginning of the 1986/87 marketing year for each of the products or groups of the products. | |
| 2. The successive fixing of indicative ceilings must reflect a certain steady progress in relation to traditional trade flows, so as to ensure a harmonious and gradual opening up of the market and the full realization of free movement within the Community on the expiry of the period of application of transitional measures. | |
| To that end, an annual rate of progress for the ceiling shall be determined in accordance with the procedure referred to in paragraph 1. Within the framework of the overall indicative ceiling, ceilings may be fixed corresponding to the different periods of the marketing year in question. | |
| Article 84 | |
| 1. Until 31 December 1989, when the timetable referred to in Article 83 is drawn up, a ‘guide’ quantity shall be determined, for imports into Spain: | |
| — | of the products referred to in Article 81 (2) (b) (bb), with the exception of those falling within heading ex 04.02 of the Common Customs Tariff, | |
| — | the products referred to in Article 81 (2) (b) (dd). | |
| 2. The ‘guide’ quantity applicable to 1986 and its progress for each of the following three years in relation to the previous year shall be: | |
| CCT heading No | Description | Guide quantity | Rate of progress | |
| 01.02 | Live animals of the bovine species: | A. | Domestic species: | ex II. | Other: | — | Excluding animals for bull fights | 20 000 tonnes | (of which: | — | live animals 12 000 head | — | fresh and chilled meat 2 000 tonnes) | 10 %, 12,5 %, 15 % | |
| 02.01 | Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03 or 01.04, fresh, chilled or frozen: | A. | Meat: | II. | Of bovine animals | B. | Offals: | II. | Other: | b) | Of bovine animals | |
| 02.06 | Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked: | C. | Other: | I. | Of bovine animals | |
| 04.01 | Milk and cream, fresh not concentrated or sweetened | 200 000 tonnes (of which 40 000 tonnes) for milk and cream in small packings) | 10 %, 12,5 %, 15 % | |
| 04.03 | Butter | 1 000 tonnes | 15 %, 15 %, 15 % | |
| 04.04 | Cheese and curd: | A. | Emmentaler, Gruyère, Sbrinz, Bergkäse, Appenzell, Vacherin fribourgeois and Tête do moine, not grated or powdered | B. | Glarus herb cheese (known as Schabziger), made from skimmed milk and mixed with finely-ground herbs | C. | Blue-veined cheese, not grated or powdered | D. | Processed cheese, not grated or powdered | E. | Other: | I. | Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter: | ex a) | Not exceeding 47 %: | — | Excluding curd | b) | Exceeding 47 % but not exceeding 72 %: | 1. | Cheddar | ex 2. | Other: | — | Excluding curd | c) | Exceeding 72 %: | ex 1. | In immediate packings of a net capacity not exceeding 500 g: | — | Excluding curd | ex 2. | Other: | — | Excluding curd | II. | Other: | a) | Grated or powdered | ex b) | Other: | — | Excluding curd | 14 000 tonnes | 15 %, 15 %, 15 % | |
| 10.01 | Wheat and meslin (mixed wheat and rye): | B. | Other: | ex I. | Common wheat and meslin: | — | Common wheat of breadmaking quality | 175 000 tonnes | 15 %, 15 %, 15 % | |
| A decision may be made, in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products or, as the case may, in the corresponding Articles of other common organizations of the market concerned, that the ‘guide’ quantities referred to above shall be expressed in compliance with the requirements of each common organization of the market taking into account the detailed rules for drawing up the forward estimate referred to in Article 83. | |
| 3. If necessary, a division of the ‘guide’ quantities referred to above between the various products shall be carried out, as the case may be, by following the procedure set out in paragraph 2. | |
| 4. During the period concerned, the ‘guide’ quantity may not be exceeded, unless it is so decided in accordance with, as the case may be, the procedure referred to in paragraph 2. | |
| When such a decision is taken, account shall in particular be taken, in the light of the forward estimate for the product in question, of the trends in the internal Spanish demand and of the development of market prices in Spain. | |
| Article 85 | |
| 1. Without prejudice to Article 84 (4), should the examination of developments in intra-Community trade show that a significant increase in imports has taken place or is forecast and if that situation should result in the indicative import ceiling for the product being reached or exceeded for the current marketing year or part thereof, the Commission, at the request of a Member State or on its own initiative, shall decide, in accordance with emergency procedures, on: | |
| — | the interim protective measures that are necessary and which shall apply until the entry into force of the definitive measures provided for in paragraph 3, | |
| — | convening the Management Committee of the sector concerned, with a view to examining appropriate measures. | |
| 2. Should the situation referred to in the preceding paragraph cause a serious disturbance on the market, a Member State may request the Commission to take the interim protective measures referred to in paragraph 1 immediately. To that end, the Commission shall take a decision within 24 hours of receiving the request. | |
| If the Commission does not take a decision within that period, the requesting Member State may take interim protective measures, which shall be immediately notified to the Commission. | |
| These measures shall remain applicable until such time as the Commission has acted on the request referred to in the first subparagraph. | |
| 3. Definitive measures shall be adopted as soon as possible in accordance with the procedure set out in Article 38 of Regulation No 136/66/EEC or, as the case may be, in the corresponding Articles of other Regulations on the common organization of agricultural markets. | |
| These measures may include: | |
| (a) | either, the revision of the indicative ceiling, if the market in question has not suffered significant disturbances following the development of imports; | |
| (b) | or, based on the seriousness of the situation, assessed in particular on the basis of the trend in market prices and the quantities forming the subject of trade, the limitation or suspension of imports on to the market of the Community as at present constituted or on to the Spanish market. | |
| The restrictive measures referred to in (b) may only be taken to the extent and for such time as is strictly necessary to put an end to the disturbance. With regard to the Community as at present constituted, those measures may be limited to imports intended for certain of its regions, provided that they include appropriate provisions to avoid deflections of trade. | |
| 4. The application of the STM may in no event lead to products coming from Spain or from the Community as at present constituted being treated in a less favourable manner than those coming from third countries benefiting from the most-favoured-nation clause, which are sold in the regions concerned. | |
| Sub-section 5 | |
| Other provisions | |
| Article 86 | |
| Any stock of products in free circulation in Spanish territory on 1 March 1986 which in quantity exceeds what may be considered representative of a normal carryover stock must be eliminated by and at the expense of the Kingdom of Spain under Community procedures to be specified and within time limits to be determined under the conditions provided for in Article 91. The concept of normal carry-over stock shall be defined for each product on the basis of criteria and objectives particular to each common organization of the market. | |
| Article 87 | |
| In fixing the level of the various amounts laid down within the common agricultural policy, except for the prices referred to in Article 68, account shall be taken of the compensatory amount applied or, in the absence thereof, of the difference in prices recorded or economically justified and, where appropriate, of the incidence of customs duties, except in the following circumstances: | |
| — | where there is no likelihood that trade will be disturbed, or | |
| — | where the smooth running of the common agricultural policy requires that this amount, difference or incidence be not taken into account or renders such taking into account undesirable. | |
| Article 88 | |
| 1. The Council, acting in accordance with the conditions provided for in Article 91, shall adopt the arrangements applicable by the Kingdom of Spain with regard to the Portuguese Republic. | |
| 2. The measures necessary in trade between the new Member States and the Community as at present constituted, for the implementation of the arrangements referred to in paragraph 1, shall be adopted, as the case may be, under the conditions laid down in Article 91 or following the procedure laid down in Article 89 (1). | |
| Article 89 | |
| 1. Except where otherwise provided for in specific cases, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the provisions necessary for implementing this Chapter. | |
| These provisions may in particular lay down adequate measures to avoid deflection of trade in trade between Spain and the other Member States. | |
| 2. The Council, acting unanimously on a proposal from the Commission and after consulting the Assembly, may make the adaptations to the provisions appearing in this Chapter which may prove to be necessary as a result of a modification in Community rules. | |
| Article 90 | |
| 1. If transitional measures are necessary to facilitate the passage from the existing arrangements in Spain to those resulting from the application of the common organization of the markets as provided for in this Chapter, particularly if for certain products the implementation of the new arrangements on the scheduled date meets with appreciable difficulties in the Community, such measures shall be adopted following the procedure provided for in Article 38 of Regulation No (EEC) 136/66 or, as the case may be, in the corresponding Articles of the other Regulations on the common organization of agricultural markets. Such measures may be taken during the period up to 31 December 1987, but their application may not extend beyond that date. | |
| 2. The Council may, acting unanimously on a proposal from the Commission and after consulting the Assembly, extend the period referred to in paragraph 1. | |
| Article 91 | |
| 1. The transitional measures concerning the application of the acts relating to the common agricultural policy and not specified in this Act of Accession, including structures, which are rendered necessary by accession, shall be adopted before accession in accordance with the procedure provided for in paragraph 3 and shall enter into force at the earliest on the date of accession. | |
| 2. The transitional measures referred to in paragraph 1 shall be those mentioned in Articles 75 (3), 80, 86, 88, 126 and 144. | |
| 3. The Council, acting by a qualified majority on a proposal from the Commission, or the Commission, taking a decision in accordance with the procedure referred to in Article 90 (1), shall adopt the transitional measures referred to in paragraph 1 according to which of these two institutions adopted the original acts to which they refer. | |
| Section II | |
| Provisions relating to certain common organizations of markets | |
| Sub-section 1 | |
| Oils and fats | |
| Article 92 | |
| 1. For olive oil, the provisions of Articles 68 and 72 shall apply to the intervention price. | |
| 2. During the transitional period of 10 years, the price thus fixed for Spain shall be aligned on the level of the common price each year at the beginning of each marketing year in accordance with the following procedures: | |
| — | Until the entry into force of the adjustment of the ‘acquis communautaire’, the price in Spain shall be aligned each year by one-twentieth of the original variation between this price and the common price. | |
| — | As from the entry into force of the adjustment of the ‘acquis communautaire’, the price in Spain shall be corrected by the difference existing between the price in that Member State and the common price, as applicable before each move towards alignment, divided by the number of marketing years still to run until the end of the period of application of the transitional measures; the price resulting from this calculation shall be adapted in proportion to any change in the common price for the marketing year to come. | |
| 3. The Council, acting in accordance with the procedure provided for in Article 43 (2) of the EEC Treaty, shall establish that the condition required for the application of the second indent of paragraph 2 is fulfilled. The move towards alignment of the price shall be effected in accordance with the latter provision from the beginning of the marketing year following such establishment. | |
| 4. The compensatory amount resulting from application of Article 72 shall be adapted, should the need arise, on the basis of the difference between Community aid for consumption applicable in the Community as at present constituted and in Spain. | |
| Article 93 | |
| 1. For oil seeds, Article 68 shall apply to the target prices for colza, rape and sunflower seeds and to the guide price for soya beans. | |
| For linseed, the guide price applicable in Spain on 1 March 1986 shall be fixed on the basis of the variation existing between the prices of competitive products in rotation cropping in Spain and in the Community as at present constituted, over a reference period to be determined. However, the guide price to be applied in Spain may not be higher than the common price. | |
| 2. For the period during which the transitional measures are applied, the prices thus fixed for Spain shall be aligned on the level of the common prices each year at the beginning of the marketing year. The move towards alignment shall take place in 10 stages, the provisions of Article 70 being applied mutatis mutandis. | |
| 3. The intervention prices for colza, rape and sunflower seeds and the minimum price for soya beans, applicable in Spain, shall be derived respectively from the target price and the guide price, as referred to in the paragraphs 1 and 2, in accordance with the provisions of the common organization of the market concerned. | |
| 4. Until 31 December 1990, in trade in processed oil products falling within Regulation No 136/66/EEC, with the exception of processed olive oil products and with the exception of products falling within heading No 15.13 of the Common Customs Tariff, appropriate measures shall be adopted to take account of the difference in the prices of these oils in Spain and in the Community as at present constituted. | |
| Article 94 | |
| 1. The Kingdom of Spain shall apply, until 31 December 1990 and in accordance with detailed rules to be determined, a system for the control of: | |
| (a) | quantities of products referred to in: | — | point (a), excluding soya beans falling within subheading ex 12.01 B of the Common Customs Tariff, | — | point (b), excluding products falling within subheadings 15.17 B II and 23.04 B of the Common Customs Tariff, | of Article 1 (2) of Regulation No 136/66/EEC, on the Spanish domestic market, in order to maintain those quantities at a level established on the basis of average consumption reached in Spain during the years 1983 and 1984, that level being adjusted on the basis of foreseeable trends in supply requirements; | |
| (b) | the level of consumer prices for the oils referred to in (a) and for margarine, in such a way as to maintain — until 31 December 1990 — in principle the price level, expressed in ECU, reached during the 1984/85 marketing year. | |
| The control system referred to in (a) consists in the replacement on 1 March 1986 of the trade arrangements applied to imports in Spain by a system of quantitative restrictions on imports opened without discrimination between economic operators, both with regard to the Community as at present constituted and to third countries. | |
| 2. Until 31 December 1990, the import of soya beans into Spain shall be subject to an undertaking to export the oils obtained from their crushing and products beyond the quantity admitted on the Spanish market under paragraph 1 (a). | |
| 3. Should exceptional circumstances arise, the control system defined in this Article may be amended, for the products subject thereto, to the extent necessary to avoid imbalances on the markets for the various oils. | |
| These amendments shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC; | |
| Article 95 | |
| 1. Community aid for the production of olive oil shall apply in Spain as from 1 March 1986. This aid shall be fixed for the first time and shall be aligned, for the period during which the transitional measures are applied, on the level of aid granted in the Community as at present constituted, the provisions of Article 79 being applied mutatis mutandis. | |
| Community aid for the consumption of olive oil shall be introduced in Spain, from 1 January 1991, following a timetable to be determined, to the extent necessary to reach the common level by the end of the period during which transitional measures are applied. | |
| 2. Aid for colza, rape and sunflower seeds, for soya beans and for linseed, produced in Spain, shall be: | |
| — | introduced in Spain as from the beginning of the first marketing year following accession, and | |
| — | increased thereafter, during the period of application of the control mechanism referred to in Article 94 (1), | |
| on the basis of the move towards alignment, as the case may be, of the target price or the guide price applicable in Spain on the level of the common price. | |
| On expiry of the period referred to in the foregoing subparagraph, the aid granted in Spain shall be equal to the difference between the target price or the guide price applicable in that Member State and the price on the world market, with this difference being reduced by the incidence of the customs duties applied by the Kingdom of Spain on the import of products from third countries. | |
| 3. Aid for the seeds and beans referred to in paragraph 2, produced in Spain and processed in the Community as at present constituted, and the aid for the same seeds and beans produced in the Community as at present constituted and processed in Spain, shall be adjusted to take account of the respective difference between the level of the prices of these seeds and beans and that of seeds and beans imported from third countries. | |
| 4. Furthermore, when the aid for colza, rape and sunflower seeds is calculated, account shall be taken of any differential amount which may be applicable. | |
| Article 96 | |
| During the 1986/87 to 1994/95 marketing years, specific guarantee thresholds shall be fixed for colza and rape seeds and for sunflower seeds produced in Spain. | |
| These specific guarantee thresholds shall be determined on the basis of criteria actually comparable to those adopted for the fixing of guarantee thresholds in the Community as at present constituted, taking into consideration the highest level of production recorded during one of the following marketing years: 1982/83, 1983/84 and 1984/85. | |
| Where a specific guarantee threshold is exceeded, the co-responsibility penalties shall be applied according to procedures which are similar to those applied in the Community as at present constituted and with the same ceiling. | |
| Article 97 | |
| 1. Once the control system referred to in Article 94 has expired, the Kingdom of Spain shall apply the preferential, contractual or autonomous arrangements applied by the Community with regard to third countries in the olive oil sector, the oil seeds and oil fruits sector and in that of products derived therefrom. | |
| 2. From 1 January 1991, the Kingdom of Spain shall apply a duty reducing the variation between the rate of duty actually applied on 31 December 1990 and the preferential rate of duty in accordance with the following timetable: | |
| — | on 1 January 1991, the variation shall be reduced to 83,3 % of the initial variation, | |
| — | on 1 January 1992, the variation shall be reduced to 66,6 % of the initial variation, | |
| — | on 1 January 1993, the variation shall be reduced to 49,9 % of the initial variation, | |
| — | on 1 January 1994, the variation shall be reduced to 33,2 % of the initial variation, | |
| — | on 1 January 1995, the variation shall be reduced to 16,5 % of the initial variation. | |
| The Kingdom of Spain shall apply the preferential rates in their entirety from 1 January 1996. | |
| Sub-section 2 | |
| Milk and milk products | |
| Article 98 | |
| 1. Until the first move towards alignment of prices, the intervention prices for butter and for skimmed-milk powder to be applied in Spain shall be fixed at a level which corresponds to that of prices recorded in this Member State under the previous national arrangements for a representative period to be determined. | |
| Subsequently the difference which exists between these prices and the corresponding prices calculated according to the rules provided for in the common organization of the markets on the basis of the guaranteed price for milk applicable in Spain throughout the representative period referred to in the first subparagraph shall be progressively reduced so that it is equal to half the initial difference on the fourth move towards alignment and totally eliminated on the seventh such move. | |
| Article 70 shall apply mutatis mutandis; Article 72 shall also apply. | |
| However, the compensatory amount for skimmed milk and skimmed-milk powder intended as a feedingstuff for animals may be reduced in accordance with the procedure laid down in Article 30 of Regualtion (EEC) No 804/68. | |
| 2. The compensatory amount for milk products other than butter and skimmed-milk powder shall be fixed with the help of coefficients to be determined. | |
| Article 99 | |
| 1. Subject to the second subparagraph, the Kingdom of Spain may, until 31 December 1986, maintain national exclusive dealing concessions in favour of dairy plants as far as the marketing of pasteurized fresh milk produced in Spain is concerned. | |
| These exclusive dealing concessions may not impede the free marketing in Spain of pasteurized fresh milk imported from the present Member States. | |
| 2. The Kingdom of Spain shall inform the Commission, at the latest three months before the date of accession, of the measures taken pursuant to paragraph 1. | |
| Sub-section 3 | |
| Beef and veal | |
| Article 100 | |
| Article 68 shall apply to the guaranteed prices in Spain and to the intervention purchasing prices in the Community, as at present constituted, valid for comparable qualities determined on the basis of the Community grading scale for carcases of adult bovine animals. Articles 70 and 72 shall apply to the intervention purchasing price applicable in Spain. | |
| Article 101 | |
| The compensatory amount for the other products referred to in Article 1 (1) (a) of Regulation (EEC) No 805/68 shall be fixed with the help of coefficients to be determined. | |
| Article 102 | |
| Article 79 shall apply to the premium for maintaining suckler cows. | |
| Sub-section 4 | |
| Tobacco | |
| Article 103 | |
| 1. Article 68 and eventually Article 70 shall apply to the intervention price fixed for each variety or group of varieties. | |
| 2. The norm price corresponding to the intervention price referred to in paragraph 1 shall be fixed in Spain for the first harvest following accession at a level that shall reflect the relationship existing between the norm price and the intervention price, in accordance with the second subparagraph of Article 2 (2) of Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco. | |
| Sub-section 5 | |
| Flax and hemp | |
| Article 104 | |
| Article 79 shall apply to the aid for fibre flax and hemp. | |
| Sub-section 6 | |
| Hops | |
| Article 105 | |
| The aid to hop producers referred to in Article 12 of Regulation (EEC) No 1696/71 shall be applied in full in Spain as from the first harvest following accession. | |
| Sub-section 7 | |
| Seeds | |
| Article 106 | |
| Article 79 shall apply to the aid for the seeds referred to in Article 3 of Regulation (EEC) No 2358/71. | |
| Sub-section 8 | |
| Silkworms | |
| Article 107 | |
| Article 79 shall apply to aid for silkworms. | |
| Sub-section 9 | |
| Sugar and isoglucose | |
| Article 108 | |
| Articles 68, 70 and 72 shall apply to the intervention price for white sugar and to the basic price for beet. | |
| However, the compensatory amount shall be corrected, to the extent necessary for the smooth functioning of the common organization of the market, by the incidence of the compensation levy for storage costs. | |
| Article 109 | |
| For raw sugar and for products, other than fresh beet, in Article 1 (1) (b) and for products in Article 1 (1) (d) and (f) of Regulation (EEC) No 1785/81 on the common organization of the markets in sugar, compensatory amounts may be fixed to the extent necessary to avoid all risk of disturbance in trade between the Community as at present constituted and Spain. | |
| In that case, compensatory amounts shall be derived from the compensatory amount applicable to the basic product in question with the help of coefficients to be determined. | |
| Article 110 | |
| Until 31 December 1995 at the latest, the Kingdom of Spain shall be authorized to grant a national adjustment aid to producers of A and B beet as defined in Regulation (EEC) No 1785/81. The amount of this aid may not exceed 23,64 % of the basic price of beet fixed by the Community for the marketing year in question. | |
| Sub-section 10 | |
| Cereals | |
| Article 111 | |
| 1. In the cereals sector, Articles 68, 70 and 72 shall apply to the intervention prices. | |
| 2. With regard to the cereals for which an intervention price is not fixed, the compensatory amount applicable shall be derived from that applicable to barley, taking into consideration the relationship which exists between the threshold prices of the cereals concerned. | |
| 3. For the products referred to in Article 1 (c) of Regulation (EEC) No 2727/75 on the common organization of the market in cereals, the compensatory amount shall be derived from that applicable to the cereals to which they are related, with the help of coefficients to be determined. | |
| Article 112 | |
| The minimum specific weight of barley which may be accepted for intervention in Spain shall be fixed respectively: | |
| — | for the period 1 March 1986 until the end of the 1986/87 marketing year, at 60 kilograms per hectolitre, | |
| — | for the 1987/88 marketing year, at 61 kilograms per hectolitre, | |
| — | for the 1988/89 marketing year, at 62 kilograms per hectolitre. | |
| The reduction made to the intervention price for barley applicable in Spain shall be: | |
| — | 4 % for the period 1 March 1986 until the end of the 1986/87 marketing year, | |
| — | 3 % for the 1987/88 marketing year, | |
| — | 2 % for the 1988/89 marketing year. | |
| Article 113 | |
| Article 79 shall apply to the aid to durum wheat referred to in Article 10 of Regulation (EEC) No 2727/75. | |
| Sub-section 11 | |
| Pigmeat | |
| Article 114 | |
| 1. The compensatory amount applicable per kilogram of pig carcase shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one kilogram of pigmeat. However, during the first four marketing years following accession, this amount shall not be applied. | |
| 2. For the products other than pig carcases, referred to in Article 1 (1) of Regulation (EEC) No 2759/75 on the common organization of the market in pigmeat, the compensatory amount shall be derived from that referred to in paragraph 1, with the help of coefficients to be determined. | |
| 3. Until 31 December 1989, where there is a risk of too great an intervention being carried out in Spain under aid to private storage or, if need be, public purchases decided on pursuant to Article 20 of Regulation (EEC) No 2759/75, a decision may be made, in accordance with the procedure laid down in Article 24 of that Regulation, to take the necessary restrictive measures on imports of any provenance, in that Member State, in the pigmeat sector. | |
| Sub-section 12 | |
| Eggs | |
| Article 115 | |
| 1. The compensatory amount applicable per kilogram of eggs in shell shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one kilogram of eggs in shell. | |
| 2. The compensatory amount applicable per egg for hatching shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one egg for hatching. | |
| 3. For the products referred to in Article 1 (1) (b) of Regulation (EEC) No 2771/75 on the common organization of the market in eggs, the compensatory amount shall be derived from that for eggs in shell, with the help of coefficients to be determined. | |
| Sub-section 13 | |
| Poultry | |
| Article 116 | |
| 1. The compensatory amount applicable per kilogram of slaughtered poultry shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one kilogram of slaughtered poultry, differentiated on the basis of species. | |
| 2. The compensatory amount applicable per chick shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one chick. | |
| 3. For the products referred to in Article 1 (2) (d) of Regulation (EEC) No 2777/75 on the common organization of the market in poultrymeat, the compensatory amount shall be derived from the compensatory amount for slaughtered poultry, with the help of coefficients to be determined. | |
| Sub-section 14 | |
| Rice | |
| Article 117 | |
| 1. For rice, Articles 68, 70 and 72 shall apply to the intervention price of paddy rice. | |
| 2. The compensatory amount for husked rice shall be that applicable to paddy rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 3. For wholly milled rice, the compensatory amount shall be that applicable to husked rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 4. For semi-milled rice, the compensatory amount shall be that applicable to wholly milled rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 5. For the products referred to in Article 1 (1) (c) of Regulation (EEC) No 1418/76 on the common organization of the market in rice, the compensatory amount shall be that applicable to the products to which they are related, with the help of coefficients to be determined. | |
| 6. The compensatory amount for broken rice shall be fixed at a level that takes into account the difference existing between the supply price in Spain and the threshold price. | |
| Sub-section 15 | |
| Products processed from fruit and vegetables | |
| Article 118 | |
| For the products benefiting from the aid arrangements provided for in Article 3 of Regulation (EEC) No 516/77 on the common organization of the market in fruit and vegetable processed products, the following provisions shall apply in Spain: | |
| 1. | Until the first move towards alignment of the prices referred to in Article 70, the minimum price referred to in Article 3b of Regulation (EEC) No 516/77 shall be established on the basis: | — | of the price fixed in Spain under the previous national arrangements for the product intended for processing, or | — | in the absence of such a price, of the prices paid in Spain to producers for the product intended for processing, as recorded during a representative period to be determined. | |
| 2. | Where the minimum price referred to in paragraph 1 is: | — | lower than the common price, the price in Spain shall be modified at the beginning of each marketing year following accession, according to the procedures provided for in Article 70, | — | higher than the common price, the common price shall be adopted on accession for Spain. | |
| 3. | (a) | For processed tomato products for the first four marketing years following accession, the amount of Community aid granted in Spain shall be derived from the aid calculated for the Community as at present constituted, bearing in mind the difference of the minimum producer prices resulting from the application of paragraph 2, before this last mentioned aid is reduced possibly as a result of the guarantee threshold fixed for these products in the Community as at present constituted being exceeded. | Where the threshold in the Community as at present constituted is exceeded, if this proves necessary to ensure normal conditions for competition between Spanish industries and those of the Community, it shall be decided, in accordance with the procedure provided for in Article 20 of Regulation (EEC) No 516/77, that a compensatory amount, at the most equal to the difference between the aid fixed for Spain and that which would have been derived from the fixed Community aid, will be applied in accordance with Article 72 (3) (a) and levied by the Kingdom of Spain on exports to third countries. However, on the expiry of the arrangements referred to in Regulation (EEC) No 1320/85, no compensatory amount shall be levied where it is proved that the Spanish product did not benefit from Community aid granted in Spain. | In no case may the aid applicable in Spain exceed the amount of aid granted in the Community as at present constituted. | (b) | During the first four marketing years following accession, the grant of Community aid in Spain shall be limited, for each marketing year, to a quantity of processed products corresponding to a quantity of fresh tomatoes of: | — | 370 000 tonnes for the manufacture of tomato concentrate, | — | 209 000 tonnes for the manufacture of whole peeled tomatoes, | — | 88 000 tonnes for the manufacture of other tomato products. | At the end of this period, the quantities fixed above, adjusted on the basis of any alteration to Community thresholds made during that period, shall be taken into consideration for fixing Community thresholds. | |
| 4. | During the fifth and sixth marketing years following accession, for tomato based products, and for the other products during the six marketing years following accession, the amount of the Community aid granted in Spain shall be derived from the aid fixed for the Community as at present constituted, bearing in mind the difference of the minimum prices resulting from the application of paragraph 2. | However, for products other than tomato products, in cases where the processing costs recorded in Spain for a product during a representative period to be determined, under the previous national arrangements, are lower by at least 10 % than the processing costs obtaining in the Community as at present constituted, the aid granted in Spain for this product shall be derived bearing in mind also the difference in the processing costs recorded. The processing costs recorded in Spain shall be progressively aligned on the costs recorded in the Community as at present constituted, in accordance with the same rules as those referred to in Article 70 for the move towards alignment of prices. | |
| 5. | Community aid shall be applied in full in Spain as from the beginning of the seventh marketing year following accession. | |
| 6. | For peaches in syrup, for the first four marketing years following accession, the grant of Community aid in Spain shall be limited to a quantity of 80 000 tonnes of the finished product expressed in net weight. | |
| 7. | For the purposes of applying Article 1, the minimum price, the processing costs and the aid obtaining in the Community as at present constituted shall refer to the amounts obtaining in the Community as at present constituted, excluding Greece. | |
| Article 119 | |
| The minimum price and the financial compensation applicable in Spain, as provided for in Articles 2 and 3 of Regulation (EEC) No 2601/69 laying down special measures to encourage the processing of certain varieties of oranges and in Articles 1 and 2 of Regulation (EEC) No 1035/77 laying down special measures to encourage the marketing of processed lemon products, shall be fixed as follows: | |
| 1. | Until the first move towards the alignment of the prices referred to in Article 70, the minimum price applicable shall be established on the basis of the prices paid in Spain to producers of citrus fruits intended for processing, recorded over a representative period to be determined. The financial compensation shall be that of the Community as at present constituted less, where appropriate, the difference between on the one hand the common minimum price and on the other the minimum price applicable in Spain. | |
| 2. | For subsequent price fixing, the minimum price applicable in Spain shall be aligned on the common minimum price according to the provisions of Article 70. The financial compensation applicable in Spain at each stage of the move towards alignment shall be that of the Community as at present constituted less, where appropriate, the difference between on the one hand the common minimum price and on the other the minimum price applicable in Spain. | |
| 3. | However, where the minimum price resulting from the application of paragraph 1 or 2 is higher than the common minimum price, the latter price may be adopted definitively for Spain. | |
| 4. | For the first four marketing years following accession, the quantities eligible for aid for processing shall be limited to a quantity of processed products corresponding to a quantity of raw materials amounting to: | — | 30 000 tonnes for oranges of the ‘bianca comune’ variety, | — | 7 600 tonnes for blood oranges, | — | 26 000 tonnes for lemons. | |
| Sub-section 16 | |
| Dried fodder | |
| Article 120 | |
| 1. The guide price referred to in Article 4 of Regulation (EEC) No 1117/78 on the common organization of the market in dried fodder, applicable in Spain on 1 March 1986, shall be fixed on the basis of the variations which exist between the prices of competitive products in rotation cropping in Spain and in the Community as at present constituted over a reference period to be determined. | |
| Article 70 shall apply to the guide price calculated in accordance with the first subparagraph. However, the guide price to be applied in Spain may not exceed the common guide price. | |
| 2. The supplementary aid applicable in Spain shall be adjusted by an amount equal to: | |
| — | the difference which exists, where appropriate, between the guide price in Spain and the common guide price, multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, and | |
| — | the incidence of customs duties applicable in Spain on the import of the said products from third countries. | |
| 3. Article 79 shall apply to the flat-rate aid referred to in Article 3 of Regulation (EEC) No 1117/78. | |
| Sub-section 17 | |
| Peas, field beans and sweet lupins | |
| Article 121 | |
| 1. For peas, field beans and sweet lupins used in the manufacture of animal feed, Articles 68 and 70 shall apply to the activating threshold price. For peas and field beans not so used, the guide price applicable in Spain on 1 March 1986 shall be fixed on the basis of the variation which exists between the prices of competitive products in rotation cropping in Spain and in the Community as at present constituted over a reference period to be determined. | |
| Article 70 shall apply to the guide price for these products. However, the guide price to be applied in Spain may not be higher than the common guide price. | |
| 2. For products harvested in Spain and used in the manufacture of animal feed, falling within Regulation (EEC) No 1431/82 laying down special measures for peas, field beans and sweet lupins, the amount of the aid referred to in Article 3 (1) of that Regulation shall be reduced by the incidance of the difference which exists, where appropriate, between the threshold activating price applied in Spain and the common price. | |
| Without prejudice to the application of the first subparagraph, the amount of the aid concerned for a product processed in Spain shall be reduced by the incidence of the customs duties applied in Spain on the import of soya cake from third countries. | |
| The deductions referred to in the first and second subparagraphs shall be the result of the application of the percentages referred to in Article 3 (1) of Regulation (EEC) No 1431/82. | |
| 3. The amount of the aid referred to in Article 3 (2) of Regulation (EEC) No 1431/82 for peas and field beans harvested in Spain and used in human or animal consumption otherwise than as provided for in paragraph 1 of that Article, shall be reduced by an amount equal to the difference which exists, where one arises, between the guide price applied in Spain and the common guide price. | |
| Without prejudice to the application of the first subparagraph, the amount of the aid concerned for a product processed in Spain shall be reduced by the incidence of the customs duties applied in Spain on the import of these products from third countries. | |
| Sub-section 18 | |
| Wine | |
| Article 122 | |
| 1. Until the first move towards alignment of the prices referred to in Article 70: | |
| — | the guide price applicable in Spain for white table wine shall be fixed at a level in such a way that the relationship between the purchase price for table wine to be delivered for compulsory distillation in that Member State and the guide price is 50 %, | |
| — | the guide price applicable in Spain for red table wine shall be derived from the guide price for white table wine by applying the same relationship as that existing in the Community as at present constituted between the guide prices of table wines of types A I and R I, | |
| — | the purchase price for the table wines referred to in the first indent shall be fixed at the level of the regulatory compulsory distillation price applied in Spain under the previous national arrangements over a representative period to be determined, | |
| — | the guaranteed minimum price referred to in Article 3a of Regulation (EEC) No 337/79 shall be equal to 72 % of the guide price of each type of table wine, | |
| — | the price of wine which undergoes the distillation referred to in Article 12a of Regulation (EEC) No 337/79 shall be equal to: | — | 80 % of the guide price for white table wine, | — | 81,5 % of the guide price for red table wine. | |
| 2. Article 70 shall apply to the guide price for table wines. During the 1986/87 to 1990/91 wine growing years: | |
| — | the relationship between the guide price and the prices referred to in the third, fourth and fifth indents of paragraph 1 applicable in Spain shall be aligned in stages, by equal instalments, on the relationship which exists between these prices in the Community as at present constituted, | |
| — | without prejudice to the first indent of Article 41 (6) of Regulation (EEC) No 337/79, as concerns the relationship between the guide price and the price referred to in the third indent of paragraph 1, the level of the price corresponding to the 40 % referred to in the second indent of Article 41 (6) of Regulation (EEC) No 337/79 shall be attained in accordance with the rate referred to in the first indent of this paragraph. | |
| Article 123 | |
| 1. A mechanism for regulatory amounts shall be set up, on import into the Community as at present constituted, for the products referred to in paragraph 2 coming from Spain which are subject to reference price fixing under the common organization of the market. | |
| 2. This mechanism shall be governed by the following rules: | |
| (a) | For table wines, a regulatory amount equal to the difference between the guide prices in Spain and in the Community as at present constituted shall be levied. However, the level of this amount may be adapted according to the procedure provided for in Article 67 of Regulation (EEC) No 337/79 to take account of the situation of market prices as assessed according to the different categories of wines and on the basis of their quality. | |
| (b) | For wines with an appellation as to origin and for the other products likely to create disturbances on the market, a regulatory amount may be fixed according to the procedure provided for under (a). This regulatory amount shall be derived from that applicable to table wines according to procedures to be determined. | |
| 3. The regulatory amount shall be fixed at a level which ensures conditions under which treatment is no less favourable than those in force under the arrangements prior to accession. To this end, this amount shall be calculated in such a way that the amount obtained by increasing the guide price in Spain for the product concerned by the regulatory amount and by the customs duty applicable to it does not exceed the reference price in force the product during the wine growing year concerned. | |
| 4. Bearing in mind the special situation of the market in the various products referred to in paragraph 2, a decision may be taken according to the procedure provided for in Article 67 of Regulation (EEC) No 337/79, to fix a regulatory amount for the export of one or more of these products from the Community as at present constituted to Spain. | |
| The amount shall be fixed at a level ensuring a normal trade pattern between the Community as at present constituted and Spain, which does not create any disturbances on the Spanish market for the products concerned. | |
| 5. The regulatory amount granted shall be financed by the Community by means of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Article 124 | |
| For the purposes of applying, until the 1989/90 marketing year expires, the compulsory distillation referred to in Article 41 of Regulation (EEC) No 337/79, the amount of average production of table wines and of products upstream of the table wine intended for the wine making stage, obtained in the various production regions in Spain over the three consecutive reference years, shall be fixed at 27,5 million hectolitres. | |
| Article 125 | |
| 1. During the period 1 March 1986 to 31 December 1989, coupage of a wine suitable for yielding white table wine or of a white wine with a wine suitable for yielding a red table wine or with a red table wine shall be allowed in Spanish territory. The product of this coupage may circulate only in Spanish territory. | |
| 2. For the period referred to in paragraph 1, coupage, in the Community as at present constituted, of Spanish wines other than white table wines, with wines of the other Member States, shall be prohibited, save in exceptional cases to be determined. | |
| During this period the Spanish wines referred to above may form the subject of trade with the other Member States only on condition that they are made subject to provisions enabling their origin to be determined and their commercial movements to be followed. | |
| Article 126 | |
| 1. Until the end of 1995, table wines coming from areas under vines on 1 January 1985 in the regions of Asturias, Cantabria, Galicia, Guipúzcoa and Vizcaya, and for which the list is to be determined under the conditions laid down in Article 91, may have an actual alcoholic strength of not less than 7 % vol. | |
| For wines whose actual alcoholic strength is less than 9 % vol, an indication of that strength must appear on the labelling. | |
| 2. Table wines referred to in paragraph 1 may circulate only in Spanish territory. | |
| Article 127 | |
| Until 31 December 1990, table wines produced in Spain and released to the market of that Member State may have a total acidity content of not less than 3,5 grams per litre, expressed in tartaric acid. | |
| Article 128 | |
| Until the end of the 1992/93 marketing year, the amount, applicable in Spain, of aid for concentrated grape musts and rectified concentrated grape musts, referred to in Article 14 of Regulation (EEC) No 337/79, shall be fixed taking into account the difference in cost, for that Member State, between the enrichment obtained from the abovementioned products and the enrichment obtained from sucrose. | |
| Article 129 | |
| Until 31 December 1995, the use of the composite terms British Sherry, Irish Sherry and Cyprus Sherry shall be authorized on the domestic markets of the United Kingdom and Ireland. In 1995, the Council shall review these arrangements and decide under Article 43 of the Treaty establishing the EEC on any modifications to them on the basis of proposals from the Commission taking account of the interests of all concerned. | |
| Sub-section 19 | |
| Sheepmeat and goatmeat | |
| Article 130 | |
| In the sheepmeat sector, Article 68 shall be applicable to the basic price. | |
| Section III | |
| Fruit and vegetables | |
| Article 131 | |
| Fruit and Vegetables falling within Regulation (EEC) No 1035/72 shall be subject to specific transitional arrangements, which shall consist of two phases: | |
| — | the first phase, called the verification of convergence phase, shall begin on 1 March 1986 and end on 31 December 1989, | |
| — | the second phase shall begin on 1 January 1990 and end on 31 December 1995. | |
| The transition from the first to the second phase shall take place automatically. | |
| Sub-section 1 | |
| First phase | |
| A. Spanish domestic market | |
| Article 132 | |
| 1. During the first phase, the Kingdom of Spain shall be authorized to maintain, for the products referred to in Article 131, the rules in force under its previous national arrangements for the organization of its domestic agricultural market, under the conditions laid down in Articles 133 to 135. | |
| 2. As a consequence thereof, and by way of derogation from Article 394, the application in Spain of the Community rules on the organization of the internal market shall be postponed until the end of the first phase. | |
| Furthermore the application to the Community as at present constituted and to the Kingdom of Spain of amendments made to the Community rules under Article 396 shall be postponed until the end of the first phase. | |
| Article 133 | |
| 1. In order that the Spanish fruit and vegetables sector may be harmoniously and completely integrated into the framework of the common agricultural policy at the end of the first phase, the Kingdom of Spain shall progressively adjust the organization of its domestic market on the basis of the general objectives defined in paragraph 2. | |
| 2. The general objectives to be achieved shall be the following: | |
| — | the progressive application of quality standards to all the products concerned and strict application of the requirements arising therefrom, | |
| — | the development of producer groups within the meaning of Community rules, | |
| — | the setting up of a body and creation of a material and human infrastructure suitable for carrying out public intervention operations provided for under Community rules, | |
| — | the setting up of a network for the daily recording of prices on representative markets to be defined on the basis of the various products, | |
| — | the liberalization of trade with a view to introducing a system of free competition and of free access to the Spanish market and of adaptation of the ‘sectoral trade adjustments’ to exports in order to make them compatible with the requirements of freedom of movement. | |
| 3. In order to favour the realization of the general objectives: | |
| (a) | the Community rules in the socio-structural field, including those relating to producer organizations shall apply in Spain from accession; | |
| (b) | the Community shall participate in financing intervention operations carried out in Spain during the first phase by producer organizations for products complying with common quality standards. | However, the rate of this Community financial participation shall be limited for each product to the rate of production covered by producer organizations in Spain, which are recognized by the Commission as complying with Community rules both with regard to the terms of their constitution and the conditions of their operation. | The Commission shall record for each marketing year the rate of cover referred to in the previous subparagraph; to that end it shall carry out on-the-spot checks in cooperation with the Spanish authorities. | |
| Article 134 | |
| 1. In order to realize the general objectives, the Commission shall, during the interim period and in close cooperation with the Spanish authorities, draw up an action programme. | |
| 2. Thereafter the Commission shall closely follow the development of the situation in Spain in the light of: | |
| — | progress made in the realization of the objectives fixed, | |
| — | results obtained by the implementation of horizontal or specific structural measures. | |
| 3. The Commission shall express its opinion on that development in reports that it shall forward to the Council: | |
| — | at the end of the interim period with a view to establishing a record of the development that occurred before the date of accession, | |
| — | in good time before the end of the fourth year following accession, | |
| — | at any other time it may deem it useful or necessary. | |
| 4. Taking special account of the Council's discussions on the reports referred to in paragraph 3, the Commission may, if necessary, make recommendations to the Kingdom of Spain with regard to measures that should be undertaken in order to achieve the objectives in question. | |
| Article 135 | |
| During the first phase, the Kingdom of Spain shall apply the following disciplines: | |
| 1. | A price discipline: | (a) | The Kingdom of Spain shall fix, on accession, institutional prices for the products for which common prices exist in accordance with criteria that are as close as possible to those defined under the common organization of markets on the basis of a reference period to be determined at a level corresponding to economic realities. | (b) | Where these Spanish prices, expressed in ECU, are less than or equal to the common prices, the annual price increases may not, as a rule, exceed in value the increase in common prices. | In no event may the Spanish prices exceed the level of common prices. | (c) | Where the Spanish prices, expressed in ECU, are higher than the common prices, they may not be increased in relation to their previous level. Furthermore the Kingdom of Spain shall adjust its prices to the extent necessary to avoid an increase in the variation between its prices and the common prices. | (d) | The Kingdom of Spain may adjust its prices where market interventions reach an unjustified volume. In that case the adjusted price shall replace the original price for the application of the rules appearing in (b) and (c). | (e) | The Commission shall ensure the observance of the rules referred to above. Any overrun of the price level resulting from the application of these rules shall not be taken into consideration for the determination of the price level to be adopted as the starting level for moves towards price alignment during the second phase referred to in Article 148. | |
| 2. | An aid discipline: | Under this discipline, the Kingdom of Spain shall be authorized to maintain its national aid during the first phase. | However, during that period, the Kingdom of Spain shall ensure that a certain dismantling of national aids which do not comply with Community law takes place and that the Community aid plan is progressively introduced in the organization of its domestic market without the level of such aids exceeding the common level. | |
| 3. | A production discipline: | Under this discipline, the Kingdom of Spain shall apply the same production disciplines as those which are, where appropriate, applicable in the other Member States or in those Member States which find themselves in a comparable situation with regard to such a discipline. | |
| B. Arrangements applicable in trade between the Community as at present constituted and Spain | |
| Article 136 | |
| 1. Subject to Articles 75 and 137 to 139, the Kingdom of Spain shall be authorized to apply in its trade with the Community as at present constituted, during the first phase, for the products referred to in Article 131, the arrangements in force before its accession for that trade, both with regard to imports and exports. | |
| 2. During the first phase, and subject to Articles 75 (2) and 140, the Community as at present constituted shall apply, to the import of the products referred to in Article 131 coming from Spain, the arrangements which it applied to Spain before accession. | |
| 3. During the first phase, and subject to Article 141, the Community as at present constituted shall apply, to the export of the products referred to in Article 131 to Spain, the arrangements which it applies to exports to third countries. | |
| Article 137 | |
| 1. Subject to the provisions of paragraph 2, the Kingdom of Spain shall, from 1 March 1986, eliminate the application of all quantitative restrictions and all measures having equivalent effect and all charges having equivalent effect to customs duties on imports of products referred to in Article 131 coming from the Community as at present constituted. | |
| 2. Until 31 December 1989, the Kingdom of Spain may maintain quantitative restrictions on imports coming from the Community as at present constituted of the following products and for periods of application during the marketing year to be determined: | |
| CCT heading No | Description | |
| 07.01 | Vegetables, fresh or chilled: | B. | Cabbages, cauliflowers and Brussels sprouts: | I. | Cauliflowers | G. | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots: | ex II. | Carrots and turnips: | — | Carrots | ex H. | Onions, shallots and garlic: | — | Onions and garlic | M. | Tomatoes | |
| 08.02 | Citrus fruit, fresh or dried: | A. | Oranges | B. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: | ex II. | Other: | — | Mandarins (including tangerines and satsumas) | C. | Lemons | |
| 08.04 | Grapes, fresh or dried: | A. | Fresh: | I. | Table grapes | |
| 08.06 | Apples, pears and quinces, fresh: | A. | Apples | B. | Pears | |
| 08.07 | Stone fruit, fresh: | A. | Apricots | ex B. | Peaches, including nectarines: | — | Peaches | |
| 3. | (a) | The quantitative restrictions referred to in paragraph 2 shall consist of quotas opened without discrimination between economic operators. | (b) | The initial quota for each product expressed in volume terms shall be fixed for 1986: | — | either at 3 % of the average of Spanish production, over the past three years before accession for which statistics are available, | — | or at the average of Spanish imports made over the past three years before accession for which statistics are available, if this latter criterion results in a greater volume. | (c) | The minimum rate of progressive increase of the quotas shall be 10 % at the beginning of each year. | The increase shall be added to each quota and the following increase shall be calculated on the total figure obtained. | (d) | Where imports into Spain during two consecutive years are less than 90 % of the annual quota opened, the Kingdom of Spain shall abolish the quantitative restrictions in force. | (e) | For the period 1 March to 31 December 1986, the applicable quota shall be equal to the initial quota reduced by one-sixth. | |
| 4. Within the framework of the quantitative restrictions referred to in paragraph 2, imports into Spain of the following products shall be subject to the application of a timetable containing import quantities defined in relation to the quota fixed for each year: | |
| CCT heading No | Description | Quantity expressed as a percentage of the annual quota | |
| 08.06 | Apples, pears and quinces, fresh: | A. | Apples: | ex I. | Cider apples in bulk from 16 September to 15 December | — | From 16 September to 30 November | II. | Other: | ex a) | From 1 August to 31 December | — | From 1 September to 30 November | 15 % | |
| B. | Pears: | ex I. | Perry pears in bulk from 1 August to 31 December: | — | From 1 August to 16 December | II. | Other: | c) | From 16 to 31 July | ex d) | From 1 August to 31 December | — | From 1 August to 16 December | 25 % | |
| 08.07 | Stone fruits, fresh: | ex A. | Apricots: | — | From 1 May to 31 July | 25 % | |
| ex B. | Peaches, including nectarines: | — | Peaches from 15 June to 15 September | 25 % | |
| Article 138 | |
| During the first phase, the Kingdom of Spain shall not, in principle, grant for the products referred to in Article 131 exported to the present Member States, export aids or subsidies. | |
| However, where the grant of such aids or subsidies appears necessary, the amount thereof shall be limited to not more than the variation between institutional prices or, in the absence thereof, to the variation between prices recorded in Spain and in the Community as at present constituted and, where appropriate, to the amount of customs duty. | |
| Such aids or subsidies may not be fixed until the consultation procedure referred to in Article 142 has taken place. | |
| Article 139 | |
| 1. The Kingdom of Spain shall from 1 March 1986 eliminate the application of all quantitative restrictions or all measures having equivalent effect on exports of products referred to in Article 131 to the Community as at present constituted. | |
| 2. However, during the first phase, the Kingdom of Spain may maintain the sectoral trade adjustments that it applies to exports whilst adapting them during that phase so as to make them compatible with the requirements of freedom of movement at the end of that phase. | |
| Article 140 | |
| 1. Notwithstanding Article 136 (2), any countervailing charges on the import of products from Spain, resulting from the application of Regulation (EEC) No 1035/72 shall be reduced by: | |
| — | 2 % in the first year, | |
| — | 4 % in the second year, | |
| — | 6 % in the third year, | |
| — | 8 % in the fourth year, | |
| following the date of accession. | |
| 2. In trade between the Community as at present constituted and third countries, during the first phase, the prices of Spanish products shall not be used for the purpose of calculating reference prices. | |
| Article 141 | |
| 1. During the first phase, the Community as at present constituted shall not, in principle grant export refunds on exports of products referred to in Article 131 to Spain. | |
| However, where the granting of such refunds appears necessary the amount thereof shall be limited to not more than the variation between institutional prices or, in the absence thereof, to the variation between prices recorded in the Community as at present constituted and Spain and, where appropriate, to the amount of customs duty. | |
| Such refunds may not be fixed until the consultation procedure referred to in Article 142 has taken place. | |
| 2. The refunds referred to in this Article shall be financed by the Community under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Article 142 | |
| The implementation by the Kingdom of Spain of the aids or subsidies referred to in Article 138 or by the Community of the refunds referred to in Article 141 shall be subject to prior consultations which shall take place in accordance with the following procedure: | |
| 1. | Any proposal for fixing: | — | a subsidy for exports from Spain to the Community as at present constituted or to third countries, or | — | a refund for exports from the Community as at present constituted to Spain, | shall form the subject of an exchange of views within the framework of periodical meetings of the Management Committee set up by Regulation (EEC) No 1035/72. | |
| 2. | The Commission representative shall submit the proposal referred to in point 1 for examination; this examination shall concern itself in particular with the economic aspect of the exports envisaged and with the situation and the level of prices on the Spanish market, on that of the Community as at present constituted or on the world market. | |
| 3. | The Committee shall deliver an opinion on the proposal within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes. | The opinion shall be forthwith forwarded to the competent authority for fixing, namely the Kingdom of Spain or the Commission, as the case may be. | |
| C. Arrangements applicable in trade between Spain and third countries | |
| Article 143 | |
| For the products referred to in Article 131 and subject to the provisions referred to in Article 137, the Kingdom of Spain shall apply, from 1 March 1986, the Community rules on the arrangements applicable to importation into the Community of products imported from third countries. | |
| However, in respect of reference prices, the Kingdom of Spain shall apply to imports from third countries the arrangements applied to it by the Community — as at present constituted under Article 140 (1). | |
| Article 144 | |
| Until 31 December 1989, the Kingdom of Spain may maintain, in accordance with detailed rules to be determined following the procedure referred to in Article 91, quantitative restrictions on imports from third countries of the products referred to in Article 137 (2). | |
| Article 145 | |
| For the products referred to in Article 131, the Kingdom of Spain shall be authorized to postpone until the beginning of the second phase the progressive application, to imports, of preferences granted, unilaterally or by agreement, by the Community to certain third countries. | |
| Article 146 | |
| 1. For the products referred to in Article 131 and subject to the provisions referred to in paragraph 2, the Kingdom of Spain shall be authorized to maintain, during the first phase, for exports to third countries, the arrangements in force before its accession for such trade. | |
| 2. The amount of aids or subsidies granted, where appropriate, by the Kingdom of Spain for exports to third countries must be limited to the amount that is strictly necessary in order to ensure the disposal of the product in question on the market of destination. | |
| Such aid or subsidies may not be implemented until the procedure referred to in Article 142 has taken place. These consultations shall concern, in particular, the economic aspects of the envisaged exports, the prices adopted for their calculation and the situation of the markets of origin and of destination. | |
| Sub-section 2 | |
| Second phase | |
| Article 147 | |
| As from the second phase, Community rules relating to the products referred to in Article 131 shall apply in full in Spain subject to Articles 75, 81, 82, 83, 85 and 148 to 153. | |
| Article 148 | |
| 1. Until the first move towards alignment, without prejudice to Article 135 (1) (e), of the prices referred to in Article 149, the prices to be applied in Spain as from 1 January 1990 shall be fixed in accordance with the rules provided for in the common organization of the markets concerned at the level of the prices fixed in Spain at the end of the first phase. | |
| 2. Where, at the beginning of the second phase, it is noted that the variation between the price level for a product in Spain and that of the common price is minimal, the common price may be applied in Spain for the product concerned. | |
| Price variation shall be deemed to be minimal when it is lower than, or equal to, 3 % of the common price. | |
| Article 149 | |
| If application of the provisions of Article 148 (1) results, in Spain, in a price level which is different from that of the common prices, the prices applicable in Spain shall be aligned on the common prices as from the beginning of the 1990/91 marketing year in six stages and the provisions of Article 70 shall be applied mutatis mutandis. | |
| The common prices shall be applied in Spain when the sixth move towards alignment occurs. | |
| Article 150 | |
| Articles 76 (1), 80, 87 and 90 shall apply in Spain as from 1 January 1990. | |
| However, ‘31 December 1987’ in Article 90 shall be replaced by ‘31 December 1991’. | |
| Article 151 | |
| Where an aid is instituted in the context of the common agricultural policy during the first phase, it shall be introduced in Spain or the level of the similar aid existing in Spain shall be aligned on the common level in six stages applying, by analogy, the provisions of Article 79. | |
| Article 152 | |
| 1. During the second phase, a compensation mechanism shall be introduced on import into the Community as at present constituted for those fruit and vegetables coming from Spain for which a reference price is fixed with regard to third countries. | |
| 2. This mechanism shall be governed by the following rules: | |
| (a) | A comparison shall be made between an offer price of the Spanish product, as calculated under (b), and a Community offer price. This latter price shall be calculated annually: | — | on the basis of the arithmetic mean of the producer prices of each Member State of the Community as at present constituted, plus transport and packaging costs incurred by the products from the production regions to the representative consumption centres of the Community, | — | bearing in mind developments in the cost of production. | The above producer prices shall correspond to the average of the rates recorded during the three years which precede the date on which the Community offer price is fixed. | The Community offer price may not exceed the level of the reference price applied with regard to third countries. | |
| (b) | The Spanish offer price shall be calculated every marketing day, on the basis of the representative rates recorded or reduced to the importing-wholesale stage in the Community as at present constituted. The price for a product coming from Spain shall be equal to the lowest representative rate or to the average of the lowest representative rates recorded for at least 30 % of the quantities of the provenance concerned marketed on all the representative markets for which rates are available. This rate or these rates shall be reduced beforehand: | — | by the customs duties calculated in accordance with the provisions of (c), | — | by any correcting amount introduced in accordance with the provisions of (d). | |
| (c) | The customs duty to be deducted from the rates of the Spanish product shall be the Common Customs Tariff duty progressively reduced each year at the beginning of the marketing year by one-sixth of its amount. However, for 1990, the reduction shall be take place on 1 January. | |
| (d) | If the price of the Spanish product, calculated in accordance with the provisions of (b), is lower than the Community offer price referred to in (a), a correcting amount equal to the difference between these two prices shall be levied on import into the Community as at present constituted by the importing Member State. | |
| (e) | The correcting amount shall be levied until the assessment carried out shows that the price of the Spanish product is equal to, or higher than, the Community price referred to in (a). | |
| 3. Should the Spanish market be disturbed as a result of imports from the Community as at present constituted, appropriate measures which may make provision for the application of a compensatory amount in accordance with detailed rules to be determined, may be decided upon with regard to imports into Spain of those fruit and vegetables coming from the Community as at present constituted for which a reference price is fixed. | |
| Article 153 | |
| 1. The Kingdom of Spain shall apply progressively, to imports of the products referred to in Article 131 as from 1 January 1990, the preferences accorded, either autonomously or by agreement, by the Community to certain third countries. | |
| 2. To this end the Kingdom of Spain shall apply a duty reducing the variation between the rate of duty actually applied on 31 December 1989 and the preferential rate of duty according to the following rates: | |
| — | on 1 January 1990, the variation shall be reduced to 85,7 % of the original variation, | |
| — | on 1 January 1991, the variation shall be reduced to 71,4 % of the original variation, | |
| — | on 1 January 1992, the variation shall be reduced to 57,1 % of the original variation, | |
| — | on 1 January 1993, the variation shall be reduced to 42,8 % of the original variation, | |
| — | on 1 January 1994, the variation shall be reduced to 28,5 % of the original variation, | |
| — | on 1 January 1995, the variation shall be reduced to 14,2 % of the original variation. | |
| The Kingdom of Spain shall apply the preferential rates in their entirety from 1 January 1996. | |
| CHAPTER 4 | |
| Fisheries | |
| Section I | |
| General provisions | |
| Article 154 | |
| 1. Unless any provision of this Chapter states otherwise, the rules laid down by this Act shall apply to the fisheries sector. | |
| 2. Articles 89 (2) and 90 shall apply to fishery products. | |
| Article 155 | |
| 1. Subject to paragraph 2 and without prejudice to Protocol 2, the common fisheries policy shall not apply to the Canary Islands nor to Ceuta and Melilla. | |
| 2. The Council, acting by a qualified majority on a proposal from the Commission: | |
| (a) | shall determine the Community structural measures which may be adopted in favour of the territories referred to in paragraph 1; | |
| (b) | shall determine the procedures appropriate to take into consideration all or part of the interests of the territories referred to in paragraph 1 when it adopts decisions, case by case, with a view to the negotiations by the Community aimed at the resumption or conclusion of fisheries agreements with third countries and to the specific interests of these territories within international conventions concerning fisheries, to which the Community is a contracting party. | |
| 3. The Council, acting unanimously on a proposal from the Commission, shall determine, where appropriate, the possibilities and conditions of mutual access to respective fishing zones and to the resources thereof. | |
| Section II | |
| Access to waters and resources | |
| Article 156 | |
| For the purposes of their integration into the Community system for the conservation and management of fishery resources established by Regulation (EEC) No 170/83, access to the waters falling under the sovereignty or within the jurisdiction of the present Member States and covered by the International Council for the Exploration of the Sea (ICES) by vessels flying the flag of Spain and recorded and/or registered in a port situated in the territory to which the common fisheries policy applies shall be subject to the system defined in this section. | |
| Article 157 | |
| Only those vessels referred to in Articles 158, 159 and 160 may engage in fishing activities and may do so solely in the zones and under the conditions that are specified in those Articles. | |
| Article 158 | |
| 1. 300 vessels, specified together with their technical characteristics in the list of names in Annex IX, known as the ‘basic list’, may be authorized to fish in ICES divisions V b, VI, VII, VIII a, b, d, excluding, during the period from the date of accession to 31 December 1995, the zone situated to the south of latitude 56° 30′ N, to the east of longitude 12 °W and to the north of latitude 50° 30′ N. | |
| 2. Only 150 standard vessels, of which five may be allocated only for fishing for species other than demersal, taken from the basic list, shall be authorized to fish at the same time provided that they appear on a periodical list adopted by the Commission, up to the following limits: | |
| (a) | 23 in ICES divisions V b and VI, | |
| (b) | 70 in ICES division VII, | |
| (c) | 57 in ICES division VIII a, b, d. | |
| ‘Standard vessel’ means a vessel having a brake horsepower equal to 700 horsepower (bhp). The conversion rates for vessels having a different engine power shall be as follows: | |
| — | less than 300 hp: 0,57, | |
| — | equal to or more than 300 hp, but less than 400 hp: 0,76, | |
| — | equal to or more than 400 hp, but less than 500 hp: 0,85, | |
| — | equal to or more than 500 hp, but less than 600 hp: 0,90, | |
| — | equal to or more than 600 hp, but less than 700 hp: 0,96, | |
| — | equal to or more than 700 hp, but less than 800 hp: 1,00, | |
| — | equal to or more than 800 hp, but less than 1 000 hp: 1,07, | |
| — | equal to or more than 1 000 hp, but less than 1 200 hp: 1,11, | |
| — | more than 1 200 hp: 2,25, | |
| — | long liners other than those referred to in Article 160 (b): 1,00, | |
| — | long liners other than those referred to in Article 160 (b) and equipped with gear allowing the automatic baiting or mechanical lifting of long lines: 2,00. | |
| For the purposes of applying these conversion rates to vessels carrying out fishing operations known as ‘parejas’ and ‘trios’, the engine power of the participating vessels shall be added together. | |
| 3. Any adjustments to the basic list resulting from the laying up, occurring before accession, of a vessel for reasons of force majeure shall be adopted at the latest by 1 January 1986 according to the procedure of Article 14 of Regulation (EEC) No 170/83. These adjustments may not affect the number of vessels and their allocation between each of the categories, nor bring about an increase in overall tonnage or total power for each category. Further, vessels designated as replacements may be chosen only from among those listed in Annex X. | |
| Article 159 | |
| 1. The number of standard vessels referred to in Article 158 (2) may be increased on the basis of the development of overall fishing possibilities allocated to Spain for stocks subject to the total allowable catch system, hereinafter referred to as ‘TAC’, in accordance with the procedure laid down in Article 11 of Regulation (EEC) No 170/83. | |
| 2. As and when vessels referred to in the basic list are laid up and deleted from the basic list, they may be replaced by vessels of the same category having half the engine power of the vessels thus deleted from the basic list, until the basic list is established at such a level with respect to the allocated fish resources as to ensure normal exploitation. | |
| The conditions of replacement referred to in the first subparagraph shall only apply in so far as the capacity of the fleet of the Community as at present constituted is not increased in the Community waters of the Atlantic. | |
| Article 160 | |
| 1. The following forms of specialized fishing shall be authorized: | |
| Type of fishing | Zone | Total number of authorized vessels (basic list) | Number of vessels authorized to fish at the same time (periodical list) | Period of fishing authorization | |
| (a) Sardine boats (using Seine nets, less than 100 grt) | VIII a, b, d | 71 | 40 | 1 January to 28 February and 1 July to 31 December | |
| (b) Long liners less than 100 grt | VIII a | 25 | 10 | Year round | |
| (c) Fishing from vessels not exceeding 50 grt carried out exclusively with fishing rods | VIII a, b, d | — | — | Year round | |
| (d) Vessels fishing for anchovy as their main fishing activity | VIII a, b, d | — | 160 | 1 March to 30 June | |
| (e) Vessels fishing for anchovy for live bait | VIII a, b, d | — | 120 | 1 July to 31 October | |
| (f) Tuna fishing | All zones | — | Unlimited | Year round | |
| (g) Vessels fishing for Ray's bream | VII g, h, j, k | — | 25 | 1 October to 31 December | |
| 2. As from 1 January 1986, all the provisions concerning fishing activities referred to in paragraph 1 shall remain identical to those applicable immediately before entry into force of this Act. | |
| However, the fishing activities referred to in paragraph 1 (c) may be exercised in the ICES divisions concerned everywhere beyond the 12 nautical-mile limit calculated from the base lines. | |
| Article 161 | |
| 1. The TAC share, for species subject to TAC and quotas, to be allocated to Spain shall be fixed by species and by zone as follows: | |
| Species | ICES division | Spanish share | (%) | |
| (a) Hake | V b, VI, VII, VIII a, b | 30 | |
| (b) Monkfish | V b, VI | 3,846 | |
| VII | 3,672 | |
| VIII a, b, d | 15,233 | |
| VIII c, IX | 99,9 | |
| (c) Megrim | V b, VI | 11,363 | |
| VII | 30 | |
| VIII a, b, d | 55,334 | |
| (d) Norway lobster | V b, VI | 0,2 | |
| VII | 6 | |
| VIII a, b | 6 | |
| VIII c | 96 | |
| VIII d | 0 | |
| (e) Pollack | V b, VI | 0,2 | |
| VII | 0,2 | |
| VIII a, b | 17 | |
| VIII c | 90 | |
| VIII d | 0 | |
| (f) Anchovy | VIII | 90 | |
| 2. In addition to the TAC shares for hake referred to in paragraph 1 (a), an additional flat rate quantity of 4 500 tonnes shall be allocated annually for a period of three years as from 1 January 1986. | |
| Should the overall level of these TAC exceed 45 000 tonnes, this additional flat rate quantity shall be reduced so as to bring the overall quota allocated to Spain to a level not exceeding 18 000 tonnes. | |
| 3. The quantity to be allocated to Spain of species subject to TAC without apportionment of quotas shall be fixed on a flat rate basis as follows by species and by division: | |
| Species | ICES division | Spanish share | |
| (a) Blue whiting | V b, VI, VII, VIII a, b, d | 30 000 tonnes | |
| (b) Horse mackerel | V b, VI, VII, VIII a, b, d | 31 000 tonnes | |
| 4. The fishing possibilities laid down for Spain and the resulting quotas for the other Member States of the Community shall be fixed annually and for the first time before 1 January 1986, in accordance with Article 11 of Regulation (EEC) No 170/83. | |
| Article 162 | |
| Before 31 December 1992, the Commission shall submit to the Council a report concerning the situation and prospects with regard to fishing in the Community on the basis of the application of Articles 158 and 161. On the basis of that report, the adjustments to the arrangement provided for in Article 158, the first subparagraph of Article 159 (2) and in Article 161 (1), (2) and (3) which prove to be necessary, including those concerning access to zones other than those mentioned in Article 158 (1), shall be adopted before 31 December 1993 in accordance with the procedure laid down in Article 43 of the EEC Treaty and shall take effect on 1 January 1996. | |
| Article 163 | |
| 1. The Spanish authorities shall draw up basic lists for the fishing activities referred to in Article 160 (1) (a) and (b) and a list indicating the technical characteristics of each vessel for the other fishing activities referred to in Article 160 (1). | |
| They shall submit to the Commission drafts of the periodical lists referred to in Articles 158 (2) and 160 (1). | |
| 2. For the vessels referred to in Articles 158 and 160 (1) (g), the periodical lists shall cover a period of at least one month. | |
| For the other categories of vessels, fishing activity procedures shall be fixed in accordance with Article 160 (2) and pursuant to the procedure referred to in the second subparagraph of paragraph 3 of this Article. | |
| After having been checked, these lists shall be approved by the Commission which shall forward them to the Spanish authorities and to the supervisory authorities of the other Member States concerned. | |
| 3. Provisions aimed at ensuring that operators comply with the rules provided for in this Article, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| The technical procedures which prove necessary in order to ensure the application of Articles 156 to 162, and those contained in Annex XI, shall be adopted before 1 January 1986 according to the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| Article 164 | |
| 1. The number of vessels flying the flag of a present Member State authorized to fish in the waters of the Atlantic Ocean falling under the sovereignty or within the jurisdiction of the Kingdom of Spain and covered by the ICES shall be fixed each year: | |
| (a) | for the species subject to TAC and quotas, on the basis of the fishing possibilities allocated; | |
| (b) | for the species not subject to TAC and quotas, taking into account the relative stability and the necessity of ensuring the conservation of stocks. | |
| 2. The specialized fishing activities of vessels flying the flag of a present Member State in the waters referred to in paragraph 1 shall be carried out within the same quantitative limits and in accordance with the same access and control procedures as those specified for Spanish vessels authorized to carry out their fishing activities in the fishing zones of the present Member States, and in compliance with other provisions concerning the conservation of resources. | |
| 3. The general rules for implementing this Article, and in particular the annual fixing of the number of vessels, shall be adopted in accordance with the procedure laid down in Article 11 of Regulation (EEC) No 170/83 and for the first time before 1 January 1986. | |
| 4. The procedures for applying this Article shall be adopted before 1 January 1986 in accordance with the procedure of Article 14 of Regulation (EEC) No 170/83. | |
| Article 165 | |
| 1. For the purposes of their integration into the Community system for the conservation and management of fishery resources established by Regulation (EEC) No 170/83, access of vessels flying the flag of Portugal to waters falling under the sovereignty or within the jurisdiction of the Kingdom of Spain covered by the ICES and the Fishery Committee for the Eastern Central Atlantic (CECAF) shall be subject until 31 December 1995 to the regime referred to in paragraphs 2 to 8, without prejudice to the specific provisions referred to in Article 155. | |
| 2. The following activities may be carried out by the vessels referred to in paragraph 1 as their main activity: | |
| Species | Quantity (tonnes) | Zone | Authorized fishing gear | Period fishing authorization | Total number of authorized vessels (basic list) | Number of vessels authorized to fish at the same time (periodical list) | |
| Demersal species | 850 | | | | |
| — Hake | | ICES VIII + IX + CECAF (mainland coast) | Trawl | Year round | North of the Rio Mino frontier: 17 | East of the Rio Guadiana frontier: 4 | North of the Rio Mino frontier: 9 | East of the Rio Guadiana frontier: 2 | |
| — Others | | ICES VIII + IX + CECAF (mainland coast) | Trawl | Year round | |
| Pelagic species | 2 250 | | | | |
| — Horse mackerel | | ICES VIII + IX + CECAF (mainland coast) | Trawl | Year round | | | |
| — Large migrants other than tuna (sword fish, blue shark, Ray's bream) | | ICES VIII + IX + CECAF (mainland coast) | Surface long line | Year round | | 20 | |
| — Albacore tuna | | ICES VIII + IX + CECAF (mainland coast) | Troll line | From May to July | | To be decided | |
| 3. The use of gill nets shall be prohibited. | |
| 4. Each long liner may not cast more than two long lines per day: the maximum length of each of these long lines shall be fixed at 20 nautical miles; the distance between hooks may not be less than, 2,70 metres. | |
| 5. Fishing for crustaceans shall not be authorized. However, catches shall be permitted when fishing directed at hake and other demersal species takes place, up to limit of 10 % of the volume of catches of these species kept on board. | |
| 6. The number of vessels authorized to fish for Albacore tuna shall be decided upon before 1 March 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| 7. The detailed rules for applying this Article shall apply by analogy with those contained in Annex XI, before 1 January 1986, in accordance with the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| 8. The provisions aimed at ensuring that operators comply with the rules provided for in this Article, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| Article 166 | |
| The regime defined in Articles 156 to 164, including the adjustments which the Council will be able to adopt pursuant to Article 162, shall remain in force until the date of expiry of the period laid down in Article 8 (3) of Regulation (EEC) No 170/83. | |
| Section III | |
| External resources | |
| Article 167 | |
| 1. Upon accession, the administration of fisheries agreements concluded by the Kingdom of Spain with third countries shall be the responsibility of the Community. | |
| 2. The rights and obligations flowing from the agreements referred to in the first paragraph for the Kingdom of Spain shall not be affected during the period when the provisions of such agreements are provisionally maintained. | |
| 3. As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, the decisions appropriate for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council, acting by a qualified majority on a proposal from the Commission, including the possibility of prolonging certain agreements for periods not exceeding one year. | |
| Article 168 | |
| 1. Exemptions, suspensions or tariff quotas granted by the Kingdom of Spain for fishery products coming from joint ventures set up between natural or legal persons from Spain and from other countries shall be eliminated over a period of seven years as follows: | |
| Period during which quotas are open | Authorized zero duty global | (tonnes) | Reduction | (%) | |
| From 1 March to 31 December 1986 | 66 300 | | |
| From 1 January to 31 December 1987 | 62 985 | 5 | |
| From 1 January to 31 December 1988 | 56 355 | 10,5 | |
| From 1 January to 31 December 1989 | 46 410 | 17,6 | |
| From 1 January to 31 December 1990 | 34 808 | 24,9 | |
| From 1 January to 31 December 1991 | 23 206 | 33,3 | |
| From 1 January to 31 December 1992 | 11 603 | 50 | |
| As from 1 January 1993 | 0 | 100 | |
| 2. Within the global quantities authorized each year, the allocation of quotas by Common Customs Tariff heading or subheading shall be made proportionally in accordance with the allocation existing in 1983. | |
| 3. Products imported under this arrangement may not be considered as being in free circulation within the meaning of Article 10 of the EEC Treaty when they are re-exported to another Member State. | |
| 4. Only products from joint ventures and vessels operated by such ventures, the list of which is given in Annex XII, may benefit from the measures laid down in this Article. | |
| 5. The detailed implementing rules of this Article, and in particular the annual quota quantities by Common Customs Tariff heading or subheading shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Section IV | |
| Common organization of markets | |
| Article 169 | |
| 1. The guide prices applicable in Spain to Atlantic sardines and to anchovies and the guide prices applicable in the Community as at present constituted shall be subject to alignment in accordance with paragraphs 2 and 3, the first move towards alignment taking place on 1 March 1986. | |
| 2. With regard to Atlantic sardines, the guides prices applicable in Spain, on the one hand, and in the Community as at present constituted, on the other, shall be the subject of alignment, in 10 annual stages, towards the level of the guide price for Mediterranean sardines, on the basis of 1984 prices, successively by a tenth, a ninth, an eighth, a seventh, a sixth, a fifth, a quarter, a third, and half of the difference between these guideprices applicable before each move towards alignment; the price resulting from this calculation shall be modulated proportionately on the basis of any adjustment to the guide price for the future fishing year; the common price shall be applied from the date of the tenth move towards alignment. | |
| 3. With regard to anchovies, the guide prices that apply to Spain and to the other Member States respectively shall be the subject of alignment, in five annual stages, successively by a fifth, a quarter, a third and half the difference between these guide prices, this alignment being applied half to one and half to the other of these prices by increasing the lower price and reducing the higher price; the price resulting from this calculation shall be modulated proportionately on the basis of any adjustment to the guide price for the next fishing year; the common price shall be applied from the date of the fifth move towards alignment. | |
| Article 170 | |
| 1. During the period of moves towards price alignment referred to in Article 169, a monitoring system shall be introduced based on the reference prices applicable to: | |
| — | imports of Atlantic sardines into the Community as at present constituted from Spain, | |
| — | imports of anchovies into Spain from other Member States of the Community. | |
| 2. At each stage of price alignment, the reference prices referred to in paragraph 1 shall be fixed at the level of withdrawal prices applicable in Spain for anchovies and in the other Member States for Mediterranean sardines respectively. | |
| 3. Should the market be disturbed as a result of imports referred to in paragraph 1 being made at prices lower than the reference prices, analogous measures to those laid down in Article 21 of Regulation (EEC) No 3796/81 may be taken in accordance with the procedure of Article 33 of the said Regulation. | |
| 4. The detailed implementing rules of this Article shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Article 171 | |
| 1. As from accession a system of compensatory indemnities shall be set up for sardine producers of the Community as at present constituted in relation to the special system for the move towards alignment of the prices applicable to this species pursuant to Article 169 (2). | |
| 2. Before the end of the period of the move towards price alignment, the Council, acting by a qualified majority on a proposal from the Commission, shall decide if, and where appropriate, how far, the system referred to in this Article should be extended. | |
| 3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt, before 31 December 1985, the procedure for applying this Article. | |
| Article 172 | |
| During the period of the move towards alignment of prices, the conversion factors applicable in 1984 to sardines, provided for in Article 12 (1) of Regulation (EEC) No 3796/81, shall not be amended. | |
| Section V | |
| Arrangements applicable to trade | |
| Article 173 | |
| 1. By way of derogation from Article 31, customs duties on the import of fisheries products falling within heading Nos 03.01, 03.02, 03.03, 16.04 and 16.05 and subheadings 0.15 A and 23.01 B of the Common Customs Tariff between the Community as at present constituted and Spain shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 87,5 % of the basic duty, | |
| — | on 1 January 1987, each duty shall be reduced to 75,0 % of the basic duty, | |
| — | on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty, | |
| — | on 1 January 1989, each duty shall be reduced to 50,0 % of the basic duty, | |
| — | on 1 January 1990, each duty shall be reduced to 37,5 % of the basic duty, | |
| — | on 1 January 1991, each duty shall be reduced to 25,0 % of the basic duty, | |
| — | on 1 January 1992, each duty be reduced to 12,5 % of the basic duty, | |
| — | the last reduction of 12,5 % shall be made on 1 January 1993. | |
| 2. By way of derogation from paragraph 1, customs duties on the import of sardine preparations and preserved sardines falling within subheading 16.04 D of the Common Customs Tariff between Spain and the other Member States of the Community shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | |
| — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | |
| — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | |
| — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | |
| — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | |
| — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | |
| — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | |
| — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | |
| — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | |
| — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | |
| — | the last reduction of 9 % shall be made on 1 January 1996. | |
| 3. The Kingdom of Spain shall, on accession, eliminate all countervailing charges on imports into Spain of the products referred to in paragraph 1 coming from the other Member States of the Community. | |
| 4. By way of derogation from Article 37, the Kingdom of Spain, for the fisheries products referred to in paragraph 1, shall modify its tariff applicable to third countries by reducing the variation between the basic duties and the Common Customs Tariff duties according to the following timetable: | |
| — | As from 1 March 1986, the Kingdom of Spain shall apply a duty reducing, by 12,5 %, the variation between the basic duty and that of the Common Customs Tariff. | |
| — | As from 1 January 1987: | (a) | for the tariff headings for which the basic duties do not vary by more than 15 %, above or below, from the Common Customs Tariff duties the latter duties shall be applied: | (b) | in the remaining cases, the Kingdom of Spain shall apply a duty reducing the variation between the basic duties and the Common Customs Tariff duties in seven equal instalments of 12,5 % on the following dates: | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | 1 January 1990, | — | 1 January 1991, | — | 1 January 1992. | |
| The Kingdom of Spain shall apply the Common Customs Tariff in full as from 1 January 1993. | |
| Article 174 | |
| 1. Until 31 December 1992, imports into Spain of products appearing in Annex XIII from other Member States shall be subject to a supplementary trade mechanism defined in this Article. | |
| 2. Furthermore, until 31 December 1990, imports into Spain of preserved sardines falling within subheading 16.04 D of the Common Customs Tariff from Portugal shall be subject to the mechanism referred to in paragraph 1. | |
| 3. A forward supply estimate for Spain shall be established for each product concerned before the beginning of each year on the basis of imports made over the three preceding years. This estimate shall show not only imports from the other Member States but also those from third countries. The intra-Community share in this estimate shall be increased each year by a progressive factor of 15 %. | |
| 4. Beyond the threshold of the intra-Community share, measures limiting or suspending imports may be taken. | |
| 5. Beyond the threshold fixed for the overall supply estimate, the Kingdom of Spain may take interim protective measures that are immediately applicable. Such measures shall be notified without delay to the Commission which may suspend their application in the month following that notification. | |
| 6. The detailed implementing rules shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Article 175 | |
| 1. Quantitative restrictions applicable in the Community as at present constituted to products from Spain, under the conditions of Article 19 (4) of Regulation (EEC) No 3796/81, shall be progressively abolished and eliminated on 1 January 1993 as concerns preserved tuna fish and on 1 January 1996 as concerns preserved sardines. | |
| 2. The detailed implementing rules of paragraph 1 shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Article 176 | |
| 1. Until 31 December 1992, the Kingdom of Spain may maintain, with regard to third countries, quantitative restrictions for the products appearing in Annex XIV within the limits and according to the procedures defined by the Council acting by a qualified majority on a proposal from the Commission. | |
| 2. The Community mechanism for reference prices shall apply to each product once the quantitative restrictions relating thereto have been abolished. | |
| CHAPTER 5 | |
| External relations | |
| Section I | |
| Common commercial policy | |
| Article 177 | |
| 1. The Kingdom of Spain shall retain with regard to third countries quantitative restrictions on imports of products not yet liberalized with regard to the Community as at present constituted. It shall not grant to third countries any other advantage in relation to the Community as at present constituted with respect to the quotas fixed for those products. | |
| These quantitative restrictions shall remain in force for at least such time as quantitative restrictions obtain for the same products with regard to the Community as at present constituted. | |
| 2. The Kingdom of Spain shall retain, with regard to the State-trading countries referred to by Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83, quantitative restrictions on imports for products not yet liberalized with regard to countries to which Regulation (EEC) No 288/82 applies. It shall not grant the State-trading countries any other advantage in relation to the countries to which Regulation (EEC) No 288/82 applies with regard to the quotas fixed for those products. | |
| These quantitative restrictions shall remain in force for at least such time as quantitative restrictions obtain for the same products with regard to the countries referred to in Regulation (EEC) No 288/82. | |
| Any amendments to the import arrangements in Spain for products which are not liberalized by the Community with regard to State-trading countries must be made in accordance with the rules and procedures laid down in Regulation (EEC) No 3420/83, and without prejudice to the first subparagraph. | |
| The Kingdom of Spain is not however required to reintroduce with regard to State-trading countries quantitative restrictions on imports for products liberalized with regard to those countries and which are still subject to quantitative restrictions with regard to member countries of the General Agreement on Tariffs and Trade. | |
| 3. Until 31 December 1991 the Kingdom of Spain may retain, without prejudice to paragraphs 1 and 2, quantitative restrictions on imports in the form of quotas for the products and amounts listed in Annex XV as temporary derogations from the common liberalization lists for imports contained in Regulations (EEC) No 288/82, (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3419/83, as amended by Regulation (EEC) No 453/84, provided that, as far as the countries which are members of the General Agreement on Tariffs and Trade are concerned, these restrictions have been notified, before accession, in the context of that Agreement. | |
| Imports of those products shall be subject in their entirety to the common liberalization lists in force on 1 January 1992. The quotas shall be progressively increased until that date, in accordance with paragraph 4. | |
| 4. The minimum rate of progressive increase of quotas referred to in paragraph 3 shall be 17 % at the beginning of each year for quotas expressed in ECU and 12 % at the beginning of each year for quotas expressed in terms of volume. The increase shall be added to each quota and the following increase calculated on the total figure obtained. | |
| Without prejudice to paragraphes 1 and 2, where imports made in the course of two consecutive years are less than 90 % of the annual quotas opened in accordance with paragraph 3, the Kingdom of Spain shall abolish the quantitative restrictions in force. | |
| 5. The Kingdom of Spain shall retain quantitative restrictions on imports in the form of quotas with respect to all third countries for the products listed in Annex XVI which are not liberalized by the Community with regard to third countries and for which it retains quantitative restrictions on imports with regard to the Community as at present constituted, in respect of the amounts and at least until the dates laid down in that Annex. | |
| Any amendments to the import arrangements in Spain for products referred to in the first subparagraph shall be made in accordance with the rules and procedures laid down by Regulation (EEC) No 288/82 and (EEC) No 3420/83 and without prejudice to paragraphs 1 and 2. | |
| 6. In order to comply with the obligations which devolve upon the Community under the General Agreement on Tariffs and Trade with regard to State-trading countries that are members of that Agreement, the Kingdom of Spain shall, where appropriate and in so far as is necessary, extend to the said countries the liberalizing measures it must take with regard to the other third country members of the Agreement, whilst taking into account agreed transitional measures. | |
| Article 178 | |
| 1. From 1 March 1986, the Kingdom of Spain shall progressively apply the generalized preference system for products other than those listed in Annex II to the EEC Treaty starting from the basic duties referred to in Article 30 (1). However, as regards the products listed in Annex XVII, the Kingdom of Spain shall progressively align itself by 31 December 1992 on the rates of the generalized preference system starting from the basic duties referred to in Article 30 (2). The timetable of these alignments shall be the same as that referred to in Article 37. | |
| 2. | (a) | As far as the products listed in Annex II to the Treaty are concerned, the preferential rates provided for or calculated shall be applied progressively to the duties actually levied by the Kingdom of Spain with regard to third countries, following the general procedures referred to under (b) or the special procedures referred to in Articles 97 and 153. | (b) | The Kingdom of Spain shall apply, as from 1 March 1986, a duty which reduces the variation between the rate of the basic duty and the rate of the preferential duty in accordance with the following timetable: | — | on 1 March 1986, the variation shall be reduced to 90,9 % of the original variation, | — | on 1 January 1987, the variation shall be reduced to 81,8 % of the original variation, | — | on 1 January 1988, the variation shall be reduced to 72,7 % of the original variation, | — | on 1 January 1989, the variation shall be reduced to 63,6 % of the original variation, | — | on 1 January 1990, the variation shall be reduced to 54,5 % of the original variation, | — | on 1 January 1991, the variation shall be reduced to 45,4 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 36,3 % of the original variation, | — | on 1 January 1993, the variation shall be reduced to 27,2 % of the original variation, | — | on 1 January 1994, the variation shall be reduced to 18,1 % of the original variation, | — | on 1 January 1995, the variation shall be reduced to 9,0 % of the original variation. | The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1996. | (c) | By way of derogation from point (b), for fisheries products falling within heading Nos 03.01, 03.02, 03.03, 16.04 and 16.05 and subheadings 05.15 A and 23.01 B of the Common Customs Tariff, the Kingdom of Spain shall apply, as from 1 March 1986, a duty reducing the variation between the rate of the basic duty and the rate of the preferential duty according to the following system: | — | on 1 March 1986, the variation shall be reduced to 87,5 % of the original variation, | — | on 1 January 1987, the variation shall be reduced to 75,0 % of the original variation, | — | on 1 January 1988, the variation shall be reduced to 62,5 % of the original variation, | — | on 1 January 1989, the variation shall be reduced to 50,0 % of the original variation, | — | on 1 January 1990, the variation shall be reduced to 37,5 % of the original variation, | — | on 1 January 1991, the variation shall be reduced to 25,0 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 12,5 % of the original variation. | The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1993. | |
| Section II | |
| Agreements of the Communities with certain third countries | |
| Article 179 | |
| 1. As from 1 January 1986, the Kingdom of Spain shall apply the provisions of the agreements referred to in Article 181. | |
| The transitional measures and any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those agreements. | |
| 2. These transitional measures, shall be designed to ensure, on their expiry, the application by the Community of a common system for its relations with each co-contracting third country as well as the identity of the rights and obligations of the Member States. | |
| 3. These transitional measures applicable to the countries listed in Article 181 shall not, in any field, result in the Kingdom of Spain granting from more favourable treatment than will apply to the Community as at present constituted. | |
| In particular, all products subject to transitional measures in respect of quantitative restrictions applicable to the Community as at present constituted shall be subject to such measures vis-à-vis all the countries listed in Article 181, and for an identical period of time. | |
| 4. These transitional measures applicable to the countries listed in Article 181 shall not result in the Kingdom of Spain giving less favourable treatment to those countries than to other third countries. In particular, transitional measures in respect of quantitative restrictions cannot be envisaged for the countries listed in Article 181 in respect of products which will be free of such restrictions when imported into Spain from other third countries. | |
| Article 180 | |
| 1. If the protocols referred to in Article 179 (1) are not concluded by 1 January 1986, the Community shall take the necessary measures to deal with this situation on accession. | |
| In any case, most-favoured-nation treatment shall be applied as from 1 January 1986 by the Kingdom of Spain to the countries listed in Article 181. | |
| 2. With regard to the measures referred to in paragraph 1 the following arrangements shall apply: | |
| (i) | Should the abovementioned protocols not be concluded by the date of accession, for reasons outside the control of the Community or the Kingdom of Spain, the measures to be taken by the Community shall in any event provide for the application by the Kingdom of Spain, from the date of accession, of most-favoured-nation treatment to the preferential co-contracting countries or those associated with the Community and shall also take into account the arrangements that the third countries in question will apply to the Kingdom of Spain on that date. | |
| (ii) | Should the abovementioned protocols not be concluded by the date of accession, for reasons other than those referred to in point (i), the Community, in order to adopt the measures referred to in paragraph 1, shall take as its basis the transitional measures and the adjustments agreed within the Conference and shall take into account, where appropriate, the result arrived at in negotiations with the third countries concerned. | |
| Article 181 | |
| 1. Articles 179 and 180 shall apply to: | |
| — | the Agreements concluded with Algeria, Austria, Cyprus, Egypt, Finland, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Norway, Sweden, Switzerland, Syria, Tunisia, Turkey and Yugoslavia, and to other Agreements concluded with third countries and concerning exclusively trade in the products of Annex II of the EEC Treaty, | |
| — | the new Agreement between the Community and the African, Caribbean and Pacific countries, signed on 8 December 1984. | |
| 2. The arrangements resulting from the Second ACP-EEC Convention and the Agreement on products within the province of the European Coal and Steel Community, signed on 31 October 1979, shall not apply in relations between the Kingdom of Spain and the African, Caribbean and Pacific States. | |
| Article 182 | |
| The Kingdom of Spain shall denounce, with effect from 1 January 1986, the Agreement signed on 26 June 1979 with the countries of the European Free Trade Association. | |
| Section III | |
| Textiles | |
| Article 183 | |
| 1. As from 1 January 1986, the Kingdom of Spain shall apply the arrangement of 20 December 1973 regarding international trade in textiles as well as the bilateral agreements concluded by the Community under that arrangement, or with other third countries. Protocol of adjustment of those agreements shall be negotiated by the Community with third countries, that are parties to the agreements, in order to provide for voluntary restraint on exports to Spain in the case of products and origins for which there are limitations on exports to the Community. | |
| 2. Should these protocols not have been concluded by 1 January 1986, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community. | |
| CHAPTER 6 | |
| Financial provisions | |
| Article 184 | |
| 1. The Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources, hereinafter referred to as ‘the Decision of 21 April 1970’, shall be applied in accordance with the Articles 185 to 188. | |
| 2. Any reference to the Decision of 21 April 1970 made in the Articles of this Chapter shall be understood as referring to the Council Decision of 7 May 1985 on the Communities' system of own resources, as from the entry into force of that Decision. | |
| Article 185 | |
| The revenue designated as ‘agricultural levies’ referred to in the first paragraph of Article 2 (a) of the Decision of 21 April 1970 shall also include the revenue from any amount recorded on import in trade between Spain and the other Member States and between Spain and third countries under Articles 67 to 153, 50 (3) and 53. | |
| However, that revenue shall include only from 1 January 1990 the compensatory charges recorded for the fruit and vegetables falling within Regulation (EEC) No 1035/72 imported into Spain. | |
| That revenue shall not include any amounts levied on imports into the Canary Islands or Ceuta and Melilla. | |
| Article 186 | |
| The revenue designated as ‘customs duties’ referred to in the first paragraph of Article 2 (b) of the Decision of 21 April 1970 shall include, until 31 December 1992, customs duties calculated as if the Kingdom of Spain applied, from accession, in trade with third countries, the rates resulting from the Common Customs Tariff and the reduced rates resulting from any tariff preference applied by the Community. For the customs duties relating to oil seeds and oleaginous fruits and products derived therefrom falling within Regulation No 136/66/EEC and to the fruit and vegetables falling within Regulation (EEC) No 1035/72, the same rule shall apply until 31 December 1995. | |
| However, that revenue shall include only from 1 January 1990 the customs duties thus calculated for fruit and vegetables falling within Regulation (EEC) No 1035/72 imported into Spain. | |
| Where the provisions adopted by the Commission under Article 50 (3) of this Act are applied, and by way of derogation from the first subparagraph, the customs duties shall correspond to the amount calculated in accordance with the rate of the compensatory levy fixed by those provisions for third country products incorporated in the manufacture. | |
| That revenue shall not include any amounts levied on imports into the Canary Islands or Ceuta and Melilla. | |
| The Kingdom of Spain shall make a monthly calculation of these customs duties on the basis of customs declarations of a single month. The calculation thus obtained for the customs duties on the basis of recordings during the month in question shall be made available to the Commission under the conditions defined in Regulation (EEC, Euratom, ECSC) No 2891/77. | |
| From 1 January 1993, the total amount of the customs duties recorded shall be due in its entirety. However, with regard to the fruit and vegetables falling within Regulation (EEC) No 1035/72 and to oil seeds and oleaginous fruit and products derived therefrom falling within Regulation No 136/66/EEC, the total amount of those duties shall be due in its entirety from 1 January 1996. | |
| Article 187 | |
| The amount of duties recorded under own resources accruing from value added tax shall be due in its entirety from 1 January 1986. | |
| That amount shall be calculated and checked as if the Canary Islands and Ceuta and Melilla were included in the territorial field of application of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment. | |
| The Community shall refund to the Kingdom of Spain, as an item of expenditure under the general budget of the European Communities, during the month following its availability to the Commission, a proportion of the amount of payments under own resources accruing from value added tax in accordance with the following procedure: | |
| — | 87 % in 1986, | |
| — | 70 % in 1987, | |
| — | 55 % in 1988, | |
| — | 40 % in 1989, | |
| — | 25 % in 1990, | |
| — | 5 % in 1991. | |
| The percentage of this graduated refund shall not apply to the amount corresponding to the share to be borne by Spain in financing the deduction provided for in Article 3 (3) (b) and (c) of the Council Decision of 7 May 1985 on the Communities' system of own resources, in favour of the United Kingdom. | |
| Article 188 | |
| In order to prevent the Kingdom of Spain from bearing the cost of reimbursement of advances granted to the Community by its Member States before 1 January 1986, the Kingdom of Spain shall benefit from financial compensation in respect of that reimbursement. | |
| TITLE III | |
| TRANSITIONAL MEASURES CONCERNING PORTUGAL | |
| CHAPTER 1 | |
| Free movement of goods | |
| Section I | |
| Tariff provisions | |
| Article 189 | |
| 1. The basic duty to which the successive reductions provided for in Articles 190, 243 (1) and 360 (1), (2) and (3) are to be applied shall, for each product, be the duty actually applied on 1 January 1985 to products originating in the Community as at present constituted and Portugal within the context of their trade. | |
| 2. The basic duty used for the moves towards alignment on the Common Customs Tariff and the ECSC unified tariff provided for in Articles 197, 243 (2) and 360 (4) shall, for each product, be the duty actually applied by the Portuguese Republic on 1 January 1985. | |
| 3. However, if after that date and before accession a tariff reduction is applied, such reduced duty shall be considered as a basic duty. | |
| 4. The Portuguese Republic shall take the necessary measures to ensure that, upon accession, its maximum customs tariff and the occasional suspensions of its customs duties are abolished. | |
| The customs duties of the maximum tariff and the customs duties of the occasional suspensions are not the basic duties referred to in paragraphs 1 and 2. Where such duties are actually supplied, the basic duties are the minimum customs tariff duties, or, where applicable, conventional duties. | |
| 5. The Community as at present constituted and the Portuguese Republic shall inform each other of their respective basic duties. | |
| 6. Notwithstanding paragraph 1, for the products appearing in Protocol 15, the basic duties shall be those set out in the said Protocol opposite each product. | |
| Article 190 | |
| 1. Customs duties on imports between the Community as at present constituted and the Portuguese Republic shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 90 % of the basic duty, | |
| — | on 1 January 1987, each duty shall be reduced to 80 % of the basic duty, | |
| — | on 1 January 1988, each duty shall be reduced to 65 % of the basic duty, | |
| — | on 1 January 1989, each duty shall be reduced to 50 % of the basic duty, | |
| — | on 1 January 1990, each duty shall be reduced to 40 % of the basic duty, | |
| — | on 1 January 1991, each duty shall be reduced to 30 % of the basic duty, | |
| — | the two other reductions of 15 % each shall be made on 1 January 1992 and 1 January 1993. | |
| 2. Notwithstanding paragraph 1, duty-free entry shall apply from 1 March 1986 to: | |
| (a) | imports which benefit from the provisions relating to tax exemptions applicable to persons travelling from one Member State to another; | |
| (b) | imports of goods sent in small consignments, not of a commercial nature, which benefit from the provisions relating to tax exemptions applicable between Member States. | |
| 3. The rate of duty calculated in accordance with paragraph 1 shall be applied by rounding down to the first decimal place by deleting the second decimal. | |
| Article 191 | |
| In no case shall customs duties higher than those applied to third countries enjoying most-favourednation treatment be applied within the Community. | |
| In the event of the Common Customs Tariff duties being amended or suspended, or the Portuguese Republic applying Article 201, or of the coexistence in Portugal of specific duties vis-à-vis the Community as at present constituted and ad valorem duties with regard to third countries for the same tariff heading or subheading, the Council, acting by a qualified majority on a proposal from the Commission, may take the necessary measures for the maintenance of Community preference. | |
| In the event of the ECSC unified tariff duties being amended or suspended, or the Portuguese Republic applying Article 201, or of the coexistence in Portugal of specific duties vis-à-vis the Community as at present constituted and ad valorem duties with regard to third countries for the same tariff heading or subheading, the Commission may take the necessary measures for the maintenance of Community preference. | |
| Article 192 | |
| The Portuguese Republic may suspend in whole or in part the levying of duties on products imported from the Community as at present constituted. It shall inform the other Member States and the Commission thereof. | |
| The Council, acting by a qualified majority on a proposal from the Commission, may suspend in whole or in part the levying of duties on products imported from Portugal. | |
| Article 193 | |
| Any charge having equivalent effect to a customs duty on imports in trade between the Community as at present constituted and Portugal shall be abolished on 1 March 1986. | |
| Article 194 | |
| The following charges applied by Portugal in trade with the Community as at present constituted shall be progressively abolished in accordance with the following timetable: | |
| (a) | The ad valorem charge of 0,4 % applied to: | — | goods imported temporarily, | — | goods reimported (excluding containers), | — | goods imported under the inward processing arrangements characterized by the rebate of duties levied on the import of goods used after export of the products obtained (‘drawback’), | shall be: | — | reduced to 0,2 % on 1 January 1987, and | — | abolished on 1 January 1988. | |
| (b) | The ad valorem charge of 0,9 % applied to goods imported for home use shall be: | — | reduced to 0,6 % on 1 January 1989, | — | reduced to 0,3 % on 1 January 1990, and | — | abolished on 1 January 1991. | |
| Article 195 | |
| Customs duties on exports and charges having equivalent effect in trade between the Community as at present constituted and Portugal shall be abolished on 1 March 1986. | |
| Article 196 | |
| 1. The Portuguese Republic shall eliminate from 1 March 1986 customs duties of a fiscal nature or the fiscal component of customs duties existing on that date on imports from the Community as at present constituted. | |
| 2. For the following products customs duties of a fiscal nature or the fiscal component of the customs duties applied by the Portuguese Republic shall be eliminated in accordance with the timetable laid down in Article 190. | |
| CCT heading No | Description | Customs duties | |
| Fiscal component | Protective component | |
| 17.04 | Sugar confectionery, not containing cocoa: | A. | Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances | 5 Esc/kg | 12 Esc/kg | |
| 21.03 | Mustard flour and prepared mustard: | | | |
| A. Mustard flour, in immediate packings | 13 % | 22 % | |
| B. Prepared mustard | 13 % | 22 % | |
| 22.08 | Ethyl alcohol or neutral spirits, undenatured, of an alcoholic strength of 80 % vol or higher; denatured spirits (including ethyl alcohol and neutral spirits) of any strength: | B. | Ethyl alcohol or neutral spirits, undenatured, of an alcoholic strength of 80 % vol or higher, in containers holding: | | | |
| — Two litres or less | 280 Esc per hl of pure alcohol | 2 190 Esc per hl of pure alcohol | |
| — More than two litres | 214 Esc per hl of pure alcohol | 2 256 Esc per hl of pure alcohol | |
| 24.02 | Manufactured tobacco; tobacco extracts and essences: | | | |
| A. Cigarettes | 180 Esc/kg | Free | |
| ex B. Cigars: | — | With outer-wrapper leaf in tobacco | 200 Esc/kg | Free | |
| ex C. Smoking tobacco: | — | Shredded tobacco | 170 Esc/kg | Free | |
| ex D. Chewing tobacco and snuff: | — | Shredded tobacco | 170 Esc/kg | Free | |
| ex E. Other, including agglomerated tobacco in the form of sheets or strip: | — | Shredded tobacco | 170 Esc/kg | Free | |
| 3. The Portuguese Republic shall retain the option of replacing any customs duty of a fiscal nature or the fiscal component of such a duty by an internal charge conforming to the provisions of Article 95 of the EEC Treaty. | |
| If the Portuguese Republic exercises this option, any component that may not be covered by the internal charge shall represent the basic duty provided for in Article 189. This component shall be abolished in trade with the Community and shall be aligned on the Common Customs Tariff and the ECSC unified tariff in accordance with the timetable set out in Articles 190 and 197. | |
| Article 197 | |
| 1. For the purpose of the progressive introduction of the Common Customs Tariff and the ECSC unified tariff, the Portuguese Republic shall amend its tariff applicable to third countries as follows: | |
| — | From 1 March 1986, the Portuguese Republic shall apply a duty reducing by 10 % the difference between the basic duty and the duty in the Common Customs Tariff or the ECSC unified tariff. | |
| — | From 1 January 1987: | (a) | in the case of tariff headings in respect of which the basic duties do not differ by more than 15 % in either direction from the duties in the Common Customs Tariff or the ECSC unified tariff, these latter duties shall be applied; | (b) | in other cases, the Portuguese Republic shall apply a duty reducing the difference between the basic duty and the duty in the Common Customs Tariff or the ECSC unified tariff in accordance with the following timetable: | — | on 1 January 1987, a reduction of 10 %, | — | on 1 January 1988, a reduction of 15 %, | — | on 1 January 1989, a reduction of 15 %, | — | on 1 January 1990, a reduction of 10 %, | — | on 1 January 1991, a reduction of 10 %, | — | on 1 January 1992, a reduction of 15 %. | |
| The Portuguese Republic shall apply the Common Customs Tariff and the ECSC unified tariff as from 1 January 1993 in their entirety. | |
| 2. Notwithstanding paragraph 1, for the products listed in the Annex to the Agreement on trade in civil aircraft concluded in the context of the 1973 to 1979 trade negotiations of the General Agreement on Tariffs and Trade, the Portuguese Republic shall apply the Common Customs Tariff from 1 March 1986 in its entirety. | |
| Article 198 | |
| The autonomous duties entered in the Community Common Customs Tariff shall be autonomous duties of the Community as at present constituted. The conventional duties of the EEC Common Customs Tariff and of the ECSC unified tariff shall be the conventional duties of the EEC and of the ECSC, as at present constituted, with the exception of the adjustments to be made to take into account the fact that the duties in force in the Spanish and Portuguese tariffs are, on the whole, higher than the duties in force in the tariffs of the EEC and ECSC as at present constituted. | |
| That adjustment which will be the subject of negotiation within the General Agreement on Tariffs and Trade, shall remain within the limits of the possibilities opened by Article XXIV of that Agreement. | |
| Article 199 | |
| 1. Where duties in the customs tariff of the Portuguese Republic differ in nature from the corresponding duties in the Common Customs Tariff or the ECSC unified tariff, the progressive alignment of the former on the latter shall be effected by adding the components of the Portuguese basic duty to those of the Common Customs Tariff or the ECSC unified tariff, the Portuguese basic duty being reduced to zero progressively, in accordance with the timetable set out in Articles 197 and 243 (2) and the duty in the Common Customs Tariff or ECSC unified tariff increasing from zero to reach the full amount progressively in accordance with the same timetable. | |
| 2. From 1 March 1986, if certain duties in the Common Customs Tariff or the ECSC unified tariff are altered or suspended, the Portuguese Republic shall simultaneously amend or suspend its tariff in the proportion resulting from the implementation of Article 197. | |
| 3. The Portuguese Republic shall apply the Common Customs Tariff and ECSC unified tariff nomenclatures from 1 March 1986. | |
| The Portuguese Republic may include within these nomenclatures national subdivisions existing at the time of accession which are indispensable in order that the progressive alignment of its customs duties with those in the Common Customs Tariff and the ECSC unified tariff be carried out under the conditions laid down in this Act. | |
| Where amendments are made to the nomenclature of the Common Customs Tariff or the ECSC unified tariff in respect of products referred to in this Act, the Council may, acting by a qualified majority on a proposal from the Commission, adapt the nomenclature of those products as indicated in this Act. | |
| 4. With a view to implementing paragraph 3 and to facilitating the progressive introduction of the Common Customs Tariff and the ECSC unified tariff by the Portuguese Republic and the progressive abolition of customs duties between the Community as at present constituted and the Portuguese Republic, the Commission shall determine, if necessary, the implementing provisions whereby the Portuguese Republic alters its customs duties; those implementing provisions may not however entail any amendment to Articles 189 and 197. | |
| 5. The rate of duty calculated in accordance with Article 197 shall be applied by rounding up or down to the first decimal place. | |
| Rounding down shall be effected by deleting the second decimal where Portuguese duties are being aligned on Common Customs Tariff or ECSC unified tariff duties which are less than the Portuguese basic duties. In other cases rounding up shall be effected by applying the higher decimal. | |
| Article 200 | |
| 1. For the products contained in the list appearing in Annex XVIII, the basic duties adopted for alignment on the Common Customs Tariff and the ECSC unified tariff shall be the duties resulting from the application by the Portuguese Republic, on 1 January 1985, of tariff exemptions (total suspensions) and tariff reductions (partial suspensions). | |
| 2. From 1 March 1986, the Portuguese Republic shall apply a duty reducing the difference between the basic duties referred to in paragraph 1 and the duties in the Common Customs Tariff or the ECSC unified tariff in accordance with the timetable set out in Article 197. | |
| 3. The Portuguese Republic may waive tariff abolition or adopt the Common Customs Tariff rate of duty more rapidly. | |
| 4. Upon accession, no remaining customs duty shall continue to be applied by the Portuguese Republic to the products in question imported from the Community as at present constituted and no customs duty on these products shall be reintroduced with regard to the Community. | |
| 5. Upon accession, the Portuguese Republic shall apply without discrimination the exemptions and tariff reductions that are progressively aligned on the Common Customs Tariff and on the ECSC unified tariff. | |
| Article 201 | |
| In order to bring its tariff into line with the Common Customs Tariff and the ECSC unified tariff, the Portuguese Republic shall remain free to alter its customs duties more rapidly than is provided for in Article 197. It shall inform the other Member States and the Commission thereof. | |
| Section II | |
| Elimination of quantitative restrictions and measures having equivalent effect | |
| Article 202 | |
| Quantitative restrictions on imports and exports and any measures having equivalent effect shall, from 1 January 1986, be abolished between the Community as at present constituted and the Portuguese Republic. | |
| Article 203 | |
| Notwithstanding Article 202, the present Member States and the Portuguese Republic may retain restrictions on exports of waste and scrap metal of iron or steel falling within heading No 73.03 of the Common Customs Tariff in their mutual trade. | |
| These arrangements may be retained until 31 December 1988 with regard to exports from the Member States of the Community as at present constituted to Portugal and until 31 December 1990 with regard to exports from Portugal to the present Member States, provided that these arrangements are not more restrictive than those applied to exports to third countries. | |
| Article 204 | |
| 1. Notwithstanding Article 202, the Portuguese Republic may, until 31 December 1988, continue to require on imports or exports, exclusively for statistical purposes, the prior registration of products other than those covered by Annex II of the EEC Treaty and those covered by the ECSC Treaty. | |
| 2. The registration note shall be issued automatically within a period of five working days from the submission of the request. Should it not be issued within this period, the goods in question may be freely imported or exported. | |
| 3. The requirement of any prior recording by the importer or exporter shall be abolished upon accession. | |
| Article 205 | |
| Notwithstanding Article 202, the Portuguese Republic shall abolish the discriminatory variation existing between the rate of reimbursement by the Social Security institutions for pharmaceutical products produced in Portugal and the rate of reimbursement for pharmaceutical products imported from the present Member States in three annual stages of equal size occurring on the following dates: | |
| — | 1 January 1987, | |
| — | 1 January 1988, | |
| — | 1 January 1989. | |
| Article 206 | |
| Notwithstanding Article 202, trade in certain textile products between Portugal and the other Member States of the Community shall be subject to the arrangements described in Protocol 17. | |
| Article 207 | |
| Notwithstanding Article 202, the Portuguese Republic shall be authorized to retain until 31 December 1987 the quantitative restrictions on imports from the other Member States of motor vehicles referred to in Protocol 18 and within the limits of the import quota system described in that Protocol. | |
| Article 208 | |
| 1. Without prejudice to paragraph 2 of this Article, the Portuguese Republic shall, from 1 January 1986, progressively adjust State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty so as to ensure that by 1 January 1993 no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States. | |
| The present Member States shall have equivalent obligations in relation to the Portuguese Republic. | |
| The Commission shall make recommendations as to the manner in which and the timetable according to which the adjustment provided for in the first paragraph must be carried out, it being understood that the manner and timetable must be the same for the Portuguese Republic and the present Member States. | |
| 2. With regard to motor spirit, kerosene, gas oils and fuel oils falling within subheadings 27.10 A III, 27.10 B III, 27.10 C I and 27.10 C II of the Common Customs Tariff, the adjustment of the exclusive marketing right shall begin from the date of accession. The existing Portuguese marketing quotas allocated to current beneficiary companies other than the public undertaking Petrogal shall be abolished on 1 January 1986. The total liberalization of the markets for these products shall be completed on 31 December 1992. | |
| The Commission shall make its recommendations for adjustment concerning the execution of this liberalization by taking as the starting reference point the lowest annual market share per product held by the public undertaking Petrogal during the period 1 January 1981 to 31 December 1985. | |
| Upon accession the Portuguese Republic shall open for each product concerned a quota equal to the total marketing quotas held before that date by undertakings other than Petrogal. This quota shall be progressively increased by the quantities liberalized following the Commission's recommendations. | |
| Article 209 | |
| 1. Notwithstanding Article 202, the holder, or his beneficiary, of a patent for a chemical or pharmaceutical product or a product relating to plant health, filed in a Member State at a time when a product patent could not be obtained in Portugal for that product may rely upon the rights granted by that patent in order to prevent the import and marketing of that product in the Member State or States where that product enjoys patent protection even if that product was put on the market in Portugal for the first time by him or with his consent. | |
| 2. This right may be invoked for the products referred to in paragraph 1 until the end of the third year after Portugal has made these products patentable. | |
| Section III | |
| Other provisions | |
| Article 210 | |
| 1. The Commission shall, with due regard for the provisions in force, in particular those relating to Community transit, determine the methods of administrative cooperation designed to ensure that goods fulfilling the requisite conditions benefit, from 1 March 1986, from the abolition of customs duties and charges having equivalent effect and quantitative restrictions and measures having equivalent effect, laid down by this Act. | |
| 2. Until 28 February 1986, the provisions of the 1972 Agreement between the European Economic Community and the Portuguese Republic and subsequent Protocols, relating to customs arrangements, shall continue to apply to trade between the Community as at present constituted and Portugal. | |
| 3. The Commission shall lay down the provisions applicable from 1 March 1986 to trade within the Community, in goods obtained in the Community in the manufacture of which have been incorporated: | |
| — | products on which the customs duties or charges having equivalent effect which were applicable to them in the Community as at present constituted or in Portugal have not been levied, or which have benefited from a total or partial drawback of such duties or charges, | |
| — | agricultural products which do not fulfil the required conditions to be released for free circulation in the Community as at present constituted or in Portugal. | |
| In adopting these provisions, the Commission shall take into account the rules laid down in this Act for the elimination of customs duties between the Community as at present constituted and Portugal, and for the progressive application by the Portuguese Republic of the Common Customs Tariff and provisions concerning the common agricultural policy. | |
| Article 211 | |
| 1. Save as otherwise provided in this Act, the provisions in force with regard to customs legislation for trade with third countries shall apply under the same conditions to trade within the Community, for such time as customs duties are levied in that trade. | |
| For the purpose of establishing the customs value in respect of trade within the Community, and trade with third countries, until: | |
| — | 31 December 1992 for industrial products, and | |
| — | 31 December 1995 for agricultural products, | |
| the customs territory to be taken into consideration shall be that defined by the provisions existing in the Community and in the Portuguese Republic on 31 December 1985. | |
| 2. The Portuguese Republic shall apply the Common Custom Tariff and ECSC unified tariff nomenclatures in trade within the Community from 1 March 1986. | |
| The Portuguese Republic may include within these nomenclatures national subdivisions existing at the time of accession which are indispensable in order that the progressive elimination of its customs duties whithin the Community be carried out under the conditions laid down in this Act. | |
| Article 212 | |
| During a period of five years from the date of accession, the Portuguese Republic shall complete the restructuring of its iron and steel industry under the conditions defined in Protocol 20. | |
| The period indicated above may be shortened and the detailed rules set out in the said Protocol may be amended by the Commission with the assent of the Council on the basis of: | |
| — | the state of progression of the Portuguese restructuring plan, taking into account significant factors in the reestablishment of the viability of the undertaking, | |
| — | iron and steel measures in force in the Community after the date of accession; in that case, the arrangements applicable after accession to Portuguese deliveries to the Community as at present constituted should not lead to major differences in treatment between Portugal and the other Member States. | |
| Article 213 | |
| 1. Where the compensatory amounts referred to in Article 240 or the compensatory mechanism referred to in Article 270 are applied in trade between the Community as at present constituted and the Portuguese Republic to one or more of the basic products considered as having been used in the manufacture of goods covered by Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, the following transitional measures shall be applied: | |
| — | A compensatory amount calculated on the basis of the compensatory amounts referred to in Article 240 or of the compensatory mechanism referred to in Article 270 and in accordance with the rules laid down by Regulation (EEC) No 3033/80 for calculating the variable component applicable to the goods covered by this Regulation shall be applied on importation of those goods into the Community as at present constituted from Portugal. | |
| — | When the goods covered by Regulation (EEC) No 3033/80 are imported from third countries into Portugal the variable component laid down by this Regulation shall be increased or reduced as the case may be by the compensatory amount referred to in the first indent. | |
| — | A compensatory amount determined on the basis of the compensatory amounts referred to in Article 240 or of the compensatory mechanism referred to in Article 270 fixed for the basic products and in accordance with the rules applicable for the calculation of the refunds provided for in Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds shall, for the goods covered by this Regulation, be applied on exportation of those goods from the Community as at present constituted into Portugal. | |
| — | Where products covered by Regulation (EEC) No 3035/80 are exported from the Portuguese Republic to third countries, they shall be subject to the compensatory amount referred to in the third indent. | |
| 2. The customs duty constituting the fixed component of the charge applicable, as from the date of accession, to imports into Portugal from the Community as at present constituted of goods covered by Regulation (EEC) No 3033/80 shall be determined by deducting from the basic customs duty applied by the Portuguese Republic to products originating in the Community as at present constituted a variable component equal to the variable component laid down in application of Regulation (EEC) No 3033/80, increased or reduced, as the case may be, by the compensatory amount referred to in the first and third indents of paragraph 1. | |
| However, in cases where, for the products mentioned in Annes XIX, the customs duty constituting the fixed component of the charge, calculated in accordance with the foregoing subparagraph, is lower than the duties listed in the said Annex, the latter duties shall apply. | |
| 3. The customs duty constituting the fixed component of the charge applicable as from the date of accession to imports into Portugal from third countries of the goods covered by Regulation (EEC) No 3033/80 shall be equal to the higher of the two amounts determined as follows: | |
| — | The amount obtained by deducting from the basic customs duty applied by the Portuguese Republic to imports from third countries a variable component equal to the variable component fixed in application of Regulation (EEC) No 3033/80, increased or decreased, as the case may be, by the compensatory amount referred to in the first and third indents of paragraph 1. | |
| — | The amount obtained by adding together the fixed component applicable to imports into Portugal from the Community as at present constituted and the fixed component of the Common Customs Tariff duty (or with regard to third countries benefiting from the Community generalized system of preferences, the fixed preferential component which the Community applies, where appropriate, to imports from those countries). | |
| 4. By way of derogation from Article 189, the customs duties applied by the Portuguese Republic to imports from the Community and third countries shall be converted, as from the date of accession, into the type of duty and the units entered in the Common Customs Tariff. Conversion shall be made on the basis of the value of the goods imported to Portugal during the last four three-month periods for which information is available or, in the absence of imports of the goods concerned into Portugal, on the basis of the unit value of the same goods imported into the Community as at present constituted. | |
| 5. Every fixed component applied in trade between the Community as at present constituted and the Portuguese Republic shall be eliminated in accordance with Article 190. | |
| Every fixed component applied by the Portuguese Republic to imports from third countries shall be aligned on the fixed component of the Common Customs Tariff duty (or, where appropriate, on the fixed preferential component provided for in the Community generalized system of preferences), in accordance with Article 197 and 201. | |
| 6. Where a reduction in the variable component of the Common Customs Tariff duty is granted to third countries benefiting from the Community generalized system of preferences, the Portuguese Republic shall apply this variable preferential component as from the date on which, during the first year of the second stage of the transitional arrangements, the rules of the second stage begin to be applied to the basic products whose marketing year starts the last. | |
| Section IV | |
| Trade between the Portuguese Republic and the Kingdom of Spain | |
| Article 214 | |
| The Portuguese Republic shall apply Articles 189 to 213 in its trade with the Kingdom of Spain, subject to the conditions set out in Protocol 3. | |
| CHAPTER 2 | |
| Free movement of persons, services and capital | |
| Section I | |
| Workers | |
| Article 215 | |
| Article 48 of the EEC Treaty shall only apply, in relation to the freedom of movement of workers between Portugal and the other Member States, subject to the traditional provisions laid down in Articles 216 to 219 of this Act. | |
| Article 216 | |
| 1. Articles 1 to 6 of Regulation (EEC) No 1612/68 on the freedom of movement of workers within the Community shall apply in Portugal with regard to nationals of the other Member States and in the other Member States with regard to Portuguese nationals only as from 1 January 1993. | |
| The Portuguese Republic and the other Member States may maintain in force until 31 December 1992, with regard to nationals of the other Member States and to Portuguese nationals respectively, national provisions or those resulting from bilateral arrangements making prior authorization a requirement for immigration with a view to pursuing an activity as an employed person and/or taking up paid employment. | |
| However, the Portuguese Republic and the Grand Duchy of Luxembourg may maintain in force until 31 December 1995 the national provisions referred to in the preceding subparagraph in force on the date of signing of this Act with regard to Luxembourg nationals and Portuguese nationals respectively. | |
| 2. As from 1 January 1991 the Council shall, after receiving a report from the Commission, examine the results of the application of the measures of derogation referred to in paragraph 1. | |
| On completion of this examination, the Council, acting unanimously on a proposal from the Commision may, on the basis of new data, adopt provisions intended to adjust the said measures. | |
| Article 217 | |
| 1. Article 11 of Regulation (EEC) No 1612/68 shall apply until 31 December 1990 in Portugal with regard to nationals of the other Member States and in the other Member States with regard to Portuguese nationals under the conditions indicated hereinafter: | |
| (a) | The members of workers' families referred to in Article 10 (1) (a) of the said Regulation, installed in accordance with regulations with the worker in the territory of a Member State at the date of signature of this Act, shall have the right, upon accession, to take up any paid employment throughout the territory of that Member State. | |
| (b) | The members of workers' families, referred to in Article 10 (1) (a) of the said Regulation, installed in accordance with regulations with the worker in the territory of a Member State after the date of signature of this Act, shall have the right to take up any paid employment there if they have been resident there for at least three years. This period of residence shall be reduced to 18 months as from 1 January 1989. | |
| This paragraph shall be without prejudice to more favourable national provisions, or those resulting from bilateral arrangements. | |
| 2. The arrangements provided for in paragraph 1 shall also apply to members of the family of a self-employed person installed with him in a Member State. | |
| Article 218 | |
| In so far as certain provisions of Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, may not be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to Article 216, the Portuguese Republic and the other Member States may derogate from those provisions, to the extent necessary for the application of the provisions for derogation which are laid down in Article 216 in connection with the said Regulation. | |
| Article 219 | |
| The Portuguese Republic and the other Member States shall take, with the assistance of the Commission, the necessary measures so that the application of the Commission Decision of 8 December 1972 on the uniform system established pursuant to Article 15 of Council Regulation (EEC) No 1612/68, known as ‘Sedoc’ and the Commission Decision of 14 December 1972 on the ‘Community plan’ for the collection and circulation of information provided for in Article 14 (3) of Council Regulation (EEC) No 1612/68 may be extended to Portugal by 1 January 1993 at the latest. | |
| Article 220 | |
| 1. Until the entry into force of the uniform solution for all the Member States referred to in Article 99 of 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 until 31 December 1988 at the latest, Articles 73 (1) and (3), 74 (1) and 75 (1) of Regulation (EEC) No 1408/71 and Articles 86 and 88 of Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 shall not apply to Portuguese workers who are employed in a Member State other than Portugal and the members of those families are resident in Portugal. | |
| Articles 73 (2), 74 (2), 75 (2) and 94 (9) of Regulation (EEC) No 1408/71, and Articles 87, 89, 98 and 120 of Regulation (EEC) No 574/72 shall apply by analogy to these workers. | |
| However, the foregoing is without prejudice to legislative provisions of a Member State whereby family benefits are to be payable in respect of members of the family, whatever their country of residence. | |
| 2. Notwithstanding Article 6 of Regulation (EEC) No 1408/71, the following provisions of Social Security Conventions shall continue to apply to Portuguese workers during the period referred to in paragraph 1: | |
| (a) | Portugal — Belgium | — | Article 28 (2) of the General Convention of 14 September 1970. | — | Articles 57, 58 and 59 of the Administrative Arrangement of 14 September 1970. | |
| (b) | Portugal — Germany | — | Article 27 (1), (2) and (3) of the Convention of 6 November 1964, as amended by Article 1 of the Modifying Arrangement of 30 September 1974. | |
| (c) | Portugal — Spain | — | Articles 23 and 24 of the General Convention of 11 June 1969. | — | Articles 45 and 46 of the Administrative Arrangement of 22 May 1970. | |
| (d) | Portugal — Luxembourg | — | Article 23 of the Convention of 12 February 1965, as amended by Article 13 of the Second Additional Agreement of 20 May 1977. | — | Article 15 of the Second Additional Agreement of 21 May 1979 concerning the General Administrative Arrangement of 20 October 1966. | |
| (e) | Portugal — Netherlands | — | Article 33 (2) of the Convention of 19 July 1979. | — | Articles 36 and 37 of the Administrative Arrangement of 9 May 1980. | |
| Section II | |
| Right of establishment, services, capital movements and invisible transactions | |
| Article 221 | |
| The Portuguese Republic may maintain restrictions on the right of establishment and of the freedom to provide services: | |
| — | until 31 december 1988, for activities falling within the travel and tourist agencies sector, | |
| — | until 31 December 1990, for activities falling within the cinema sector. | |
| Article 222 | |
| 1. Until 31 December 1989, the Portuguese Republic may maintain a system of advance authorization for direct investments, within the meaning of the First Council Directive of 11 May 1960 for the implementation of Article 67 of the EEC Treaty, as amended and added to by Second Council Directive 63/21/EEC of 18 December 1962 and by the 1972 Act of Accession, carried out in Portugal by nationals of other Member States and connected with the exercise of the right of establishment and the freedom to provide services and whose overall value exceeds the following amounts: | |
| — | during 1986: 1,5 million ECU, | |
| — | during 1987: 1,8 million ECU, | |
| — | during 1988: 2,1 million ECU, | |
| — | during 1989: 2,4 million ECU. | |
| 2. The provisions of paragraph 1 shall not apply to direct investments concerning the credit institutions sector. | |
| 3. For every investment project subject to advance authorization pursuant to paragraph 1, the Portuguese authorities must take a decision at the latest two months after the application has been made. If no decision is taken within this time limit, the proposed investment shall be deemed to be authorized. | |
| 4. The investors covered by paragraph 1 may not be treated differently from one another nor be granted less favourable treatment than that granted to nationals of third countries. | |
| Article 223 | |
| 1. The Portuguese Republic may, under the conditions and within the time limits set out in Articles 224 to 229, postpone the liberalization of capital movements set out in Lists A and B of the First Council Directive of 11 May 1960 for the implementation of Article 67 of the EEC Treaty and of the Second Council Directive of 18 December 1962 adding to and amending the First Directive for the implementation of Article 67 of the EEC Treaty. | |
| 2. Appropriate consultations shall take place in due course between the Portuguese authorities and the Commission on procedures for applying measures of liberalization or relaxation, the implementation of which may be postponed under the following provisions. | |
| Article 224 | |
| The Portuguese Republic may postpone until 31 December 1992 the liberalization of direct investments in the other Member States made by persons resident in Portugal. | |
| Article 225 | |
| 1. The Portuguese Republic may postpone until 31 December 1990 the liberalization of transfers relating to purchases, made in Portugal by residents of the other Member States, or buildings constructed and intended for residential accommodation, as well as of land already used as agricultural land or classed as agricultural land under Portuguese legislation on the date of accession. | |
| 2. The temporary derogation referred to in paragraph 1 shall not apply: | |
| — | to residents of the other Member States who fall within the category of those emigrating as part of the free movement of employed or self-employed workers, | |
| — | to the purchases referred to in paragraph 1 which are connected with the exercise of the right of establishment by self-employed workers who are residents of the other Member States and who emigrate to Portugal. | |
| Article 226 | |
| 1. The Portuguese Republic may maintain, until 31 December 1990 and under the conditions defined in paragraph 2, restrictions on the transfer of the proceeds of the liquidation of real estate investments made in Portugal by persons resident in the other Member States. | |
| 2. | (a) | Transfers of the proceeds relating to a liquidation shall be liberalized respectively: | — | from 1 January 1986, up to an amount of 100 000 ECU, | — | from 1 January 1987, up to an amount of 120 000 ECU, | — | from 1 January 1988, up to an amount of 140 000 ECU, | — | from 1 January 1989, up to an amount of 160 000 ECU, | — | from 1 January 1990, up to an amount of 180 000 ECU. | (b) | In the case of a liquidation which exceeds the amount defined under (a), the transfer of the balance shall be liberalized by five equal annual instalments, the first instalment at the time when transfer of the proceeds of liquidation is applied for and the other four in the four following years. | |
| 3. Throughout the period of application of this transitional measure, any special or general facilities concerning the free transfer of the proceeds of the liquidation of the real estate investments defined in paragraph 1 which may exist pursuant to Portuguese provisions or agreements governing the relations between the Portuguese Republic and any of the other Member States or third countries shall be maintained and applied on a non-discriminatory basis to all the other Member States. | |
| Article 227 | |
| The Portuguese Republic may postpone, until 31 December 1992, the liberalization of transfers relating to real estate investment in another Member State: | |
| — | by persons resident in Portugal who do not fall within the category of those emigrating in the context of the free movement of employed and self-employed workers; | |
| — | by self-employed workers who are residents of Portugal and who emigrate, to the extent that the investments in question are not concerned with their establishment. | |
| Article 228 | |
| 1. The Portuguese Republic may, until 31 December 1990 and under the conditions defined in paragraph 2, maintain restrictions on the transactions listed in Section X under B, C, D, E, F and H of List A annexed to the Directives referred to in Article 223 and carried out towards the other Member States. | |
| 2. On 1 January 1986, transfers shall be liberalized up to an amount of 25 000 ECU for the transactions under C, D and F, and 10 000 ECU for the transactions under B, E and H. Each of these amounts shall be fixed respectively: | |
| — | from 1 January 1987, at 30 000 and 12 000 ECU, | |
| — | from 1 January 1988, at 35 000 and 14 000 ECU, | |
| — | from 1 January 1989, at 40 000 and 16 000 ECU, | |
| — | from 1 January 1990, at 45 000 and 18 000 ECU. | |
| Article 229 | |
| The Portuguese Republic may postpone, until 31 December 1990, the liberalization of the transactions appearing in List B (IV B (1) and (3)) annexed to the Directives referred to in Article 223 and carried out by residents of Portugal. | |
| However, transactions in securities issued by the European Communities and the European Investment Bank, carried out by persons resident in Portugal, shall be the subject of progressive liberalization over this period as follows: | |
| — | from 1 January 1986, the liberalization ceiling for the subscription of the securities shall be fixed at 15 million ECU, | |
| — | from 1 January 1987, this ceiling shall be fixed at 18 million ECU, | |
| — | from 1 January 1988, this ceiling shall be fixed at 21 million ECU, | |
| — | from 1 January 1989, this ceiling shall be fixed at 24 million ECU, | |
| — | from 1 January 1990, this ceiling shall be fixed at 27 million ECU. | |
| Article 230 | |
| 1. The Portuguese Republic may, until 31 December 1990 and under the conditions set out in paragraph 2, maintain restrictions on transfers relating to tourism. | |
| 2. The annual tourist allowance per person may not be less than respectively: | |
| — | 500 ECU for 1986, | |
| — | 600 ECU for 1987, | |
| — | 700 ECU for 1988, | |
| — | 800 ECU for 1989, | |
| — | 900 ECU for 1990. | |
| Article 231 | |
| The Portuguese Republic shall, circumstances permitting, carry out the liberalization of capital movements and invisible transactions referred to in Articles 224 to 230 before expiry of the time limits laid down in those Articles. | |
| Article 232 | |
| For the purpose of applying Articles 223 to 231, the Commission may consult the Monetary Committee and submit appropriate proposals to the Council. | |
| CHAPTER 3 | |
| Agriculture | |
| Section I | |
| General provisions | |
| Article 233 | |
| 1. This Chapter concerns agricultural products with the exception of products falling within Regulation (EEC) No 3796/81 on the common organization of the market in fishery products. | |
| 2. Save as otherwise provided for in this Chapter, the rules laid down in this Act shall apply to the agricultural products referred to in paragraph 1. | |
| 3. Subject to the specific provisions of this Chapter laying down different dates or different time limits, the application of the transitional measures for the agricultural products referred to in paragraph 1 shall terminate at the end of 1995. | |
| Article 234 | |
| 1. The application of Community rules to products covered by this Chapter shall be carried out in accordance with a ‘classic’ transition or a transition by ‘stages’, the general rules of which are defined in Sections II and III respectively and the specific detailed rules of which, depending on product sector in Sections IV and V. | |
| 2. Unless otherwise provided for in specific cases, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the provisions necessary to implement the provisions of this Chapter. | |
| These provisions may in particular comprise adequate measures to avoid deflections of trade in the trade between Portugal and the other Member States. | |
| 3. The Council, acting unanimously on a proposal from the Commission after consulting the European Parliament, may make the adjustment to the provisions appearing in this Chapter which may prove to be necessary as a result of an amendment to Community rules. | |
| Section II | |
| Classic transition | |
| Sub-section 1 | |
| Scope | |
| Article 235 | |
| All the agricultural products referred to in Article 233, with the exception of those referred to in Article 259, shall be subject to the provisions of this Section. | |
| Sub-section 2 | |
| Price compensation and moves towards price alignment | |
| Article 236 | |
| Before the first move towards price alignment referred to in Article 238, the prices to be applied in Portugal shall be fixed, in accordance with the rules provided for in the common organization of the market in the sector in question, at a level corresponding to that of prices fixed in Portugal under the previous national system, for a representative period to be determined for each product. | |
| However, should application of the foregoing subparagraph lead to Portuguese prices being fixed at a level higher that that of the common prices, the level to be adopted for fixing Portuguese prices shall be that corresponding to the prices fixed in Portugal, under the previous national arrangements, for the 1985/86 marketing year, converted by means of the conversion rate into ECU which obtained at the beginning of the marketing year of the product concerned. | |
| If, for a given product, there is no definition of the Portuguese price, the price to be applied in Portugal shall be fixed on the basis of the prices actually recorded on Portuguese markets over a representative period to be determined. | |
| However, in the absence of price data in respect of certain products on the Portuguese market, the price to be applied in Portugal shall be calculated on the basis of the prices obtaining in the Community as at present constituted of similar products or groups of similar products, or products with which they are in competition. | |
| Article 237 | |
| 1. Should it be found, on accession, that the variation between the price level for a product in Portugal and the common price level is minimal, the common price may be applied in Portugal for the product in question. | |
| 2. The variation referred to in paragraph 1 shall be considered as minimal where it is less than, or equal to, 3 % of the common price. | |
| Article 238 | |
| 1. If the application of the provisions of Article 236 in Portugal results in a price level different from that of the common prices, the prices in respect of which, in Section IV, reference is made to this Article shall, subject to paragraph 4, be aligned on the common prices each year at the beginning of the marketing year in accordance with paragraphs 2 and 3. | |
| 2. Where the price of a product in Portugal is lower than the common price, the move towards alignment shall be made in seven stages, the price in Portugal, at the time of the first six moves towards alignment, being increased successively, by a seventh, a sixth, a fifth, a quarter, a third and a half of the difference between the price level in that Member State and the common price level which is applicable before each move towards alignment; the price resulting from that calculation shall be increased or reduced proportionately to any rise or fall in the common price for the next marketing year; the common price shall be applied in Portugal at the time of the seventh move towards alignment. | |
| 3. | (a) | Where the price of a product in Portugal is higher than the common price, the price in that Member State shall be maintained at the level resulting from the application of Article 236, the moves towards alignment resulting from the development of common prices during the seven years following accession. | However, the price in Portugal shall be adjusted to the extent necessary to avoid an increase in the variation between that price and the common price. | Furthermore, if the Portuguese prices, expressed in ECU, fixed under the previous national arrangements for the 1985/86 marketing year, lead to the variation existing for the 1984/85 marketing year between the Portuguese prices and the common prices being exceeded, the price in Portugal resulting from the application of the two preceding subparagraphs shall be reduced by an amount to be determined which is equivalent to a part of the excess, in such a way that the excess is absorbed in full at the latest at the beginning of the fifth marketing year following accession. | Without prejudice to point (b), the common price shall be applied in Portugal at the time of the seventh move towards alignment. | (b) | At the end of the fifth year from the date of accession, the Council shall carry out an analysis of the development of moves towards price alignment. To that end, the Commission shall forward to the Council, within the framework of the reports referred to in Article 264 (2) (c), an opinion together with, where appropriate, adequate proposals. | If this analysis shows: | — | that the variation between Portuguese prices and common prices, while being too great to be absorbed over the period still to run for price alignment under paragraph 2, can, nevertheless, seemingly be made up within a limited timespan, the period for price alignment initially laid down may be extended; in that case, prices shall be maintained at their previous level in accordance with the rule set out in (a) above, | — | that the variation between Portuguese prices and common prices is too great to be made up solely by extending the period for price alignment initially laid down, it may be decided that, in addition to that extension, alignment shall be made by a progressive reduction in Portuguese prices, expressed in real terms, accompanied, if necessary, by indirect, temporary and degressive aid in order to alleviate the degressive effect of those prices. The burden of financing such aid shall fall upon the Portuguese budget. | The Council, acting by a qualified majority and on a proposal from the Commission after consulting the Assembly, shall adopt the measures referred to in the subparagraph. | |
| 4. In the interests of the smooth functioning of the process of integration, it may be decided that, notwithstanding paragraph 2, the price of one or more products in Portugal shall for one marketing year vary from the prices resulting from the application of that paragraph. | |
| The variation may not exceed 10 % of the amount of the price move to be made. | |
| In that event, the price level for the following marketing year shall be that which would have resulted from applying paragraph 2 if the variation had not been decided upon. A further variation from that price level may, however, be decided upon for that marketing year in accordance with the conditions in the first and second subparagraphs. | |
| The derogation laid down in the first subparagraph shall not apply to the last move towards alignment referred to in paragraph 2. | |
| Article 239 | |
| Where, on the date of accession or during the period of application of the transitional measures, the price on the world market for a certain product exceeds the common price, the common price may be applied in Portugal for the product in question except where the price applied in Portugal is higher than the common price. | |
| Article 240 | |
| The differences in price levels in respect of which, in Section IV, reference is made to this Article shall be compensated for as follows: | |
| 1. | For products in respect of which prices are fixed in accordance with Articles 236 and 238, the compensatory amounts applicable in trade between the Community as at present constituted and Portugal, and between Portugal and third countries, shall be equal to the difference between the prices fixed for Portugal and the common prices. | However, the compensatory amount established pursuant to the rules referred to above shall, should the need arise, be corrected by the incidence of national aids which the Portuguese Republic is authorized to maintain by virtue of Articles 247 and 248. | |
| 2. | No compensatory amount shall be fixed if the application of paragraph 1 results in a minimal amount. | |
| 3. | (a) | In trade between Portugal and the Community as at present constituted, compensatory amounts shall be levied by the importing State or granted by the exporting State. | (b) | In trade between Portugal and third countries, levies or other import charges applied under the common agricultural policy, and, save for express derogation, export refunds, shall be reduced or increased, as the case may be, by the compensatory amounts applicable in trade with the Community as at present constituted. | Customs duties may not, however, be reduced by the compensatory amount. | |
| 4. | For products in respect of which the duty in the Common Customs Tariff is bound under the General Agreement on Tariffs and Trade, the binding shall be taken into account. | |
| 5. | The compensatory amount levied or granted by a Member State in accordance with paragraph 1 may not exceed the total amount levied by that same Member State on imports from third countries, benefiting from the most-favoured-nation clause. | The Council, acting by a qualified majority on a proposal from the Commission, may derogate from this rule, in particular in order to avoid deflections of trade and distortions of competition. | |
| 6. | The Council, acting by a qualified majority on a proposal from the Commission, may derogate, in so far as is necessary for the proper functioning of the common agricultural policy, from the first subparagraph of Article 211 (1) for products to which compensatory amounts apply. | |
| Article 241 | |
| If the world market price for a product is higher than the price used in calculating the import charge introduced under the common agricultural policy, less the compensatory amount deducted from the import charge in accordance with Article 240, or if the refund on exports to third countries is less than the compensatory amount, or if no refund is applicable, appropriate measures may be taken with a view to ensuring the proper functioning of the common organization of the market. | |
| Article 242 | |
| 1. The compensatory amounts granted shall be financed by the Community from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| 2. Expenditure to be made by the Portuguese Republic with regard to intervention on its internal market and to the granting of refunds or subsidies for exports to third countries and other Member States shall remain national until the end of the first stage for the products referred to in Article 259. | |
| From the second stage, this expenditure on intervention on the Portuguese internal market and on the granting of export refunds to third countries shall be financed by the Community from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Sub-section 3 | |
| Free movement and customs union | |
| Article 243 | |
| The following provisions shall apply to products the importation of which from third countries into the Community as at present constituted is subject to customs duties: | |
| 1. | (a) | Without prejudice to point 4, customs duties on imports into the Community as at present constituted for products from Portugal shall be progressively abolished in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 85,7 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 71,4 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 57,1 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 42,8 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 28,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 14,2 % of the basic duty, | — | on 1 January 1992, every duty shall be abolished. | However: | — | for orchids, anthuriums, strelitzias and proteaceae falling within subheading ex 06.03 A of the Common Customs Tariff, | — | for tomato preparations or preserves falling within subheading 20.02 C of the Common Customs Tariff, | the Community as at present constituted shall reduce its basic duties in five successive instalments of 20 % on the following dates: | — | 1 March 1986, | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | 1 January 1990. | (b) | Without prejudice to point 4, customs duties on imports into Portugal for products from the Community as at present constituted shall be progressively abolished in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 87,5 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 75 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 50 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 37,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 25 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 12,5 % of the basic duty, | — | on 1 January 1993, every duty shall be abolished. | (c) | Without prejudice to point 4, and by derogation from the foregoing (a) and (b), for oil seeds and oleaginous fruit and products derived therefrom falling under Regulation No 136/66/EEC — except for vegetable oils, other than olive oil, intended for human consumption — customs duties on import shall be progressively abolished between the Community as at present constituted and Portugal in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished. | (d) | Without prejudice to point 4, for vegetable oils, other than olive oil, intended for human consumption, the Community as at present constituted and the Portuguese Republic shall apply without change their respective basic duties during the period of application to Portugal of certain control mechanisms referred to in Article 292. On expiry of that period, the basic duties shall be progressively abolished in accordance with the following timetable: | — | on 1 January 1991, each duty shall be reduced to 83,3 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 66,6 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 49,9 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 33,2 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 16,5 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished. | |
| 2. | For the purposes of introducing the Common Customs Tariff, the Portuguese Republic shall apply in full Common Customs Tariff duties as from 1 March 1986, except for: | (a) | Without prejudice to point 4, products referred to in Annex XX and products for which Portuguese basic duties are higher than those of the Common Customs Tariff, for which, for the purpose of the progressive introduction of the Common Customs Tariff, the Portuguese Republic shall amend its tariff applicable to third countries as follows: | (aa) | For the tariff positions for which the basic duties do not vary by more than 15 % from the Common Customs Tariff duties, these latter duties shall apply. | (bb) | In the other cases, the Portuguese Republic shall apply a duty reducing the variation between the basic duties and the Common Customs Tariff duties in eight equal instalments of 12,5 % on the following dates: | — | 1 March 1986, | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | 1 January 1990, | — | 1 January 1991, | — | 1 January 1992. | The Portuguese Republic shall apply the Common Customs Tariff in its entirety from 1 January 1993. | (b) | Without prejudice to point 4, oil seeds and oleaginous fruit and products derived therefrom falling under Regulation No 136/66/EEC — except for vegetable oils, other than olive oil, intended for human consumption — for which, so that the Common Customs Tariff may be progressively introduced, the Portuguese Republic shall amend its tariff applicable to third countries as follows: | (aa) | For the tariff headings for which the basic duties do not vary by more than 15 % from the Common Customs Tariff duties, these latter duties shall apply. | (bb) | In the other cases, the Portuguese Republic shall apply a duty reducing the variation between the basic duty and the Common Customs Tariff duty in accordance with the following timetable: | — | on 1 March 1986, the variation shall be reduced to 90,9 % of the initial variation, | — | on 1 January 1987, the variation shall be reduced to 81,8 % of the initial variation, | — | on 1 January 1988, the variation shall be reduced to 72,7 % of the initial variation, | — | on 1 January 1989, the variation shall be reduced to 63,6 % of the initial variation, | — | on 1 January 1990, the variation shall be reduced to 54,5 % of the initial variation, | — | on 1 January 1991, the variation shall be reduced to 45,4 % of the initial variation, | — | on 1 January 1992, the variation shall be reduced to 36,3 % of the initial variation, | — | on 1 January 1993, the variation shall be reduced to 27,2 % of the initial variation, | — | on 1 January 1994, the variation shall be reduced to 18,1 % of the initial variation, | — | on 1 January 1995, the variation shall be reduced to 9 % of the initial variation. | The Portuguese Republic shall apply the Common Customs Tariff in its entirety from 1 January 1996. | (c) | Without prejudice to point 4, for vegetable oils, other than olive oil, intended for human consumption, the Portuguese Republic shall apply unchanged its basic duties throughout the period of application in Portugal of certain control mechanisms referred to in Article 292. | On the expiry of that period, the Portuguese Republic shall amend its tariff applicable to third countries as follows: | (aa) | For the tariff headings for which the basic duties do not vary by more than 15 % from the Common Customs Tariff duties, the latter duties shall apply. | (bb) | In the remaining cases, the Portuguese Republic shall reduce the variation between the basic duties and the Common Customs Tariff duties according to the following timetable: | — | on 1 January 1991, the variation shall be reduced to 83,3 % of the initial variation, | — | on 1 January 1992, the variation shall be reduced to 66,6 % of the initial variation, | — | on 1 January 1993, the variation shall be reduced to 49,9 % of the initial variation, | — | on 1 January 1994, the variation shall be reduced to 33,2 % of the initial variation, | — | on 1 January 1995, the variation shall be reduced to 16,5 % of the initial variation. | The Portuguese Republic shall apply the Common Customs Tariff in its entirety from 1 January 1996. | |
| 3. | Within the meaning of points 1 and 2, the basic duty shall be that defined in Article 189. | |
| 4. | For products subject to the common organization of markets, it may be decided, following the procedure laid down in Article 38 of Regulation No 136/66/EEC or, as the case may be, in the corresponding Articles of other Regulations setting up the common organization of agricultural markets, that: | (a) | the Portuguese Republic, at its request, shall: | — | abolish the customs duties referred to in point 1 (b), (c) and (d) or move towards the alignment referred to in point 2 (a), (b) and (c) at a more rapid rate than laid down therein, | — | suspend in whole or in part the customs duties referred to in point 1 (b), (c) and (d) applicable to products imported from the present Member States, | — | suspend in whole or in part the customs duties on products imported from third countries as referred to in point 2 (a), (b) and (c): | (b) | the Community as at present constituted shall: | — | abolish the customs duties referred to in point 1 (a), (c) and (d) at a more rapid rate than laid down therein, | — | suspend in whole or in part the customs duties referred to in point 1 (a), (c) and (d) applicable to products imported from Portugal. | For products which are not subject to the common organization of markets: | (a) | no decision is required for the Portuguese Republic to apply the measures referred to in the first and second indents of point (a) of the first subparagraph; the Portuguese Republic shall inform the other Member States and the Commission of the measures taken; | (b) | the Commission may suspend in whole or in part the customs duties applicable to products imported from Portugal. | The customs duties resulting from an accelereated alignment or the suspended customs duties may not be less than the customs duties on imports of the same products from other Member States. | |
| Article 244 | |
| 1. In trade between Portugal and the other Member States and between Portugal and third countries the system applicable in the Community as at present constituted in respect of customs duties and charges having equivalent effect and quantitative restrictions and measures having equivalent effect shall apply in Portugal from 1 March 1986, subject to any provision to the contrary in this Chapter in respect of products covered, on the date of accession by the common organization of markets. | |
| 2. In respect of products not covered, on 1 March 1986, by the common organization of markets, the abolition of charges having equivalent effect to customs duties and of quantitative restrictions and measures having equivalent effect shall take place on that date, unless they form an integral part of a national market organization in Portugal or in another Member State on the date of accession. | |
| This provision shall apply only until the common organization of the market for these products is implemented and not later than 31 December 1995 and to the extent strictly necessary to ensure the maintenance of the national organization. | |
| 3. The Portuguese Republic shall apply the Common Customs Tariff nomenclature as from 1 March 1986. | |
| To the extent that no difficulties arise in the application of the Community rules and, in particular, in the functioning of the common organization of markets and of the transitional mechanisms provided for in this Chapter, the Council, acting by a qualified majority on a proposal from the Commission, may authorize the Portuguese Republic to include within this nomenclature such existing national subdivisions as would be indispensable for carrying out the progressive moves towards alignment with the Common Customs Tariff or the elimination of the duties in the Community under the conditions laid down in this Act. | |
| Article 245 | |
| 1. Until 31 December 1992, the Portuguese Republic may apply quantitative restrictions to the import from third countries of products referred to in Annex XXI. | |
| 2. | (a) | The quantitative restrictions referred to in paragraph 1 shall consist of annual quotas opened without discrimination between economic operators. | (b) | The initial quota in 1986 for each product, expressed, as the case may be, in ECU, shall be fixed: | — | either at 3 % of the average of Portuguese annual production over the last three years before accession for which statistics are available, | — | or at the average of Portuguese imports realized over the last three years before accession for which statistics are available, if this latter criterion were to lead to a higher volume or amount. | |
| 3. The minimum rate of progressive increase of the quotas shall be 20 % at the beginning of each year with respect to the quotas expressed in terms of value, and 15 % at the beginning of each year with respect to the quotas expressed in terms of volume. | |
| The increase shall be added to each quota and the subsequent increase shall be calculated on the basis of the total figure obtained. | |
| 4. Where imports made to Portugal over two consecutive years are less than 90 % of the annual quota opened, the quantitative restrictions in force in Portugal shall be abolished. | |
| 5. For the period 1 March to 31 December 1986 the applicable quota shall be equal to the initial quota reduced by one-sixth. | |
| Sub-section 4 | |
| Aid | |
| Article 246 | |
| 1. The provisions of this Article shall apply to aid, premiums or other similar amounts set up under the common agricultural policy in respect of which reference is made to this Article in Section IV. | |
| 2. For the purposes of applying Community aid in Portugal, the following provisions shall apply: | |
| (a) | The level of Community aid to be granted for a given product in Portugal from 1 March 1986 shall be equal to an amount defined on the basis of aids granted by the Portuguese Republic, during a representative period to be determined, under the previous national arrangements. However, that amount may not exceed the amount of aid granted on 1 March 1986 to the Community as at present constituted. If no similar aid was granted under the previous national arrangements, and subject to the following provisions, no aid shall be granted in Portugal on 1 March 1986. | |
| (b) | At the start of the first marketing year or, in the absence thereof, during the first period of application of the aid following accession: | — | either Community aid shall be introduced in Portugal at a level representing one-seventh of the amount of Community aid applicable for the ensuing marketing year or period, | — | or the level of Community aid in Portugal shall, where a difference exists, be aligned on the level of aid applicable in the Community as at present constituted for the ensuing marketing year or period by one-seventh of the difference existing between those two aids. | |
| (c) | At the start of the following marketing years or periods of application, the level of Community aid in Portugal shall be aligned on the level of aid applicable in the Community as at present constituted for the ensuing marketing year or period successively by one-sixth, one-fifth, one-quarter, one-third and half the difference existing between those two aids. | |
| (d) | The level of Community aid shall be applied in its entirety in Portugal at the start of the seventh marketing year or period of application of the aid following accession. | |
| Article 247 | |
| 1. Without prejudice to Article 246, the Portuguese Republic shall be authorized to maintain national aids, the abolition of which would not fail to have serious consequences for both producer and consumer prices. However, such aids can only be maintained on a transitional and, in principal, degressive basis, until not later than the end of the period of application of the transitional measures. | |
| 2. The Council, acting in accordance with Article 258, shall adopt the necessary measures for the implementation of the provisions of this Article. These measures shall include, in particular, the list and the exact wording of the aids referred to in paragraph 1, the amount of the aids, the timetable of their abolition, any degressivity scale and the detailed rules necessary to ensure the proper functioning of the common agricultural policy; these detailed rules must, in addition, ensure equal access to the Portuguese market. | |
| 3. Should the need arise, a derogation may be made, during the period of application of the transitional measures, from the degressivity scale referred to in paragraph 2. | |
| Article 248 | |
| 1. In exceptional and duly substantiated cases, the Portuguese Republic shall be authorized to reintroduce, chargeable to its budget, temporary production aids, provided that such aids were granted under the previous national arrangements and that abolition thereof before accession proves to have had serious consequences on production. | |
| 2. The national aids referred to in paragraph 1 may only be re-introduced on a temporary and, in principle, degressive basis until the end of the period of application of the transitional measures at the latest. | |
| The Council, acting by a qualified majority on a proposal from the Commission shall adopt, where necessary, the necessary measures which should contain the same detailed rules and elements as those referred to in Article 247 (2). | |
| Sub-section 15 | |
| Supplementary trade mechanism | |
| Article 249 | |
| 1. A supplementary mechanism applicable to trade between the Community as at present constituted and Portugal shall be set up, hereinafter referred to as ‘the STM’ (supplementary trade mechanism). | |
| The STM shall apply from 1 March 1986 to 31 December 1995. | |
| 2. Products appearing on the list in Annex XXII shall be subject to the STM. | |
| The list referred to in Annex XXII may be supplemented, in accordance with the procedure laid down in Article 250, during the first three years following accession. | |
| 3. The Commission shall submit at the beginning of each year a report to the Council on the functioning of the STM during the previous year. | |
| Article 250 | |
| 1. An ad hoc Committee shall be established consisting of representatives of the Member States and chaired by a representative of the Commission. | |
| 2. Within the ad hoc Committee the votes of Member States shall be weighted in accordance with Article 148 (2) of the EEC Treaty. The chairman shall not vote. | |
| 3. Where the procedure laid down in this Article is referred to, the chairman shall forthwith refer the matter to the Committee, either on his own initiative or at the request of a Member State. | |
| 4. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on those measures within a time limit set by the chairman according to the urgency of the issues submitted to him for examination. The Committee shall take a decision by a majority of 54 votes. | |
| 5. The Commission shall adopt measures and shall apply them immediately where they are in accordance with the opinion of the Committee. If they are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall adopt the measures on a qualified majority. | |
| If, on the expiry of one month from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately, save in the case where the Council has decided by a simple majority against the said measures. | |
| Article 251 | |
| 1. As a general rule, at the start of each marketing year, a forward estimate shall be drawn up, in accordance with the procedure set out in Article 38 of Regulation No 136/66/EEC or, as the case my be, in the corresponding Articles of the other Regulations on the common organization of agricultural markets, for each of the products or groups of products subject to the STM. | |
| This estimate shall be drawn up on the basis of production and consumption estimates in Portugal or in the Community as at present constituted; on the basis of this estimate, a forward timetable shall be drawn up for the marketing year in question in accordance with the same procedure on development in trade and on fixing a target import ceiling in the market in question. | |
| For the period 1 March 1986 until the beginning of the 1986/87 marketing year, for each of the products or groups of products, a specific estimate shall be drawn up. | |
| 2. The successive fixings of target ceilings must reflect a certain progress in relation to traditional trade flows, so as to ensure a harmonious and gradual opening up of the market and the full realization of free movement within the Community on the expiry of the period of application of transitional measures. | |
| To that end, an annual rate of progress for the ceiling shall be determined in accordance with the procedure referred to in paragraph 1. Within the framework of the overall target ceiling, ceilings may be fixed corresponding to the different periods of the marketing year in question. | |
| Article 252 | |
| 1. Should the examination of developments in intra-Community trade show that a significant increase in imports has taken place or is forecast and if that situation should result in the target import ceiling for the product being reached or exceeded for the current marketing year or part thereof, the Commission, at the request of a Member State or on its own initiative, shall decide, in accordance with emergency procedures, on: | |
| — | the interim protective measures that are necessary and which shall apply until the entry into force of the definitive measures provided for in paragraph 3, | |
| — | convening the Management Committee of the sector concerned, with a view to examining appropriate measures. | |
| 2. Should the situation referred to in paragraph 1 cause a serious disturbance on the market, a Member State may request the Commission to take the interim protective measures referred to in paragraph 1 immediately. To that end the Commission shall take a decision within 24 hours of receiving the request. | |
| Should the Commission not take a decision within that period, the requesting Member State may take interim protective measures, which shall be immediately notified to the Commission. | |
| These measures shall remain applicable until such time as the Commission has acted on the request referred to in the first subparagraph. | |
| 3. Definitive measures shall be adopted as soon as possible following the procedure set out in Article 38 of Regulation No 136/66/EEC or, as the case may be, in the corresponding Articles of other Regulations on the common organization of agricultural markets. | |
| These measures may include, in particular: | |
| (a) | the revision of the target ceiling, if the market in question has not suffered significant disturbances following the development of imports; | |
| (b) | based on the seriousness of the situation, assessed in particular on the basis of the trend in market prices and in the quantities which form the subject of trade, the limitation or suspension of imports on to the market of the Community as at present constituted or on to the Portuguese market. | |
| The restrictive measures referred to in (b) may be taken only to the extent, and for such time as is strictly necessary, to put an end to the disturbance. With regard to the Community as at present constituted, those measures may be limited to imports intended for certain of its regions, provided that they include appropriate provisions to avoid deflections of trade. | |
| 4. The application of the STM may in no event lead to products coming from Portugal or from the Community as at present constituted being treated in a less favourable manner than those coming from third countries benefiting from the most-favoured-nation clause, which are sold in the regions concerned. | |
| Sub-section 6 | |
| Other provisions | |
| Article 253 | |
| In order to improve the structural situation in Portugal the following measures shall apply: | |
| (a) | the implementation, from the interim period, of definite preparatory measures for adopting and applying the ‘acquis communautaire’ particularly in the field of production, processing and marketing structures and in that of producers' associations; | |
| (b) | the application in Portugal, from the date of accession, of Community rules in the socio-structural field including those relating to producers' associations; | |
| (c) | the extension, to the advantage of Portugal, within the framework of the rules referred to in (b), of the most favourable specific provisions existing at that date, in horizontal Community rules, to the least-favoured areas of the Community as at present constituted; | |
| (d) | in addition, the implementation of additional structural measures in favour of Portugal in the form of a specific programme for the development of Portuguese agriculture. | |
| The Council, acting under the conditions laid down in Article 258, shall adopt, if necessary, the measures or the detailed rules of such measures referred to in the first paragraph. | |
| Article 254 | |
| Any stock of products in free circulation in Portuguese territory on 1 March 1986 which in quantity exceeds what may be considered representative of a normal carry-over stock must be eliminated by and at the expense of the Portuguese Republic under Community procedures to be specified, and within the time limits to be determined, under the conditions provided for in Article 258. The concept of normal carry-over stock shall be defined for each product on the basis of the criteria and objectives particular to each common organization of the markets. | |
| Article 255 | |
| In fixing the level of the various amounts laid down within the common agricultural policy, except for the prices referred to in Article 236, account shall be taken of the compensatory amount applied or, in the absence thereof, of the difference in prices recorded or economically justified and, where appropriate, of the incidence of customs duties, except in the following circumstances: | |
| — | where there is no likelihood that trade will be disturbed, or | |
| — | where the smooth running, of the common agricultural policy requires that this amount, difference or incidence be not taken into account or renders such taking into account undesirable. | |
| Article 256 | |
| 1. The Council, acting in accordance with the conditions provided for in Article 258, shall adopt the arrangements applicable by the Portuguese Republic with regard to the Kingdom of Spain. | |
| 2. The measures made necessary in trade between the new Member States and the Community as at present constituted, for the implementation of the arrangements referred to in paragraph 1, shall be adopted, as the case may be, under the conditions laid down in Article 258 or following the procedure laid down in Article 234 (2). | |
| Article 257 | |
| 1. If transitional measures are necessary to facilitate the passage from the existing arrangements in Portugal to those resulting from the application of the common organization of the markets as provided for in this Title, particularly if for certain products the implementation of the new arrangements on the scheduled date meets with appreciable difficulties in the Community, such measures shall be adopted following the procedure provided for in Article 38 of Regulation No 136/66/EEC or, as the case may be, in the corresponding Articles of the other Regulations on the common organization of agricultural markets. Such measures may be taken during the period up to 31 December 1987, but their application may not extend beyond that date. | |
| 2. The Council may, acting unanimously on a proposal from the Commission and after consulting the Assembly, extend the period referred to in paragraph 1. | |
| Article 258 | |
| 1. The transitional measures relating to the application of acts concerning the common agricultural policy and not specified in this Act, including the field of structures, which are rendered necessary by the accession shall be adopted before accession in accordance with the procedure laid down in paragraph 3 and shall enter into force on the date of accession at the earliest. | |
| 2. The transitional measures referred to in paragraph 1 shall be those indicated in Articles 247, 253, 254, 256, 263 (2) and 280. | |
| 3. The Council, acting by a qualified majority on a proposal from the Commission, or the Commission, deciding in accordance with the procedure referred to in Article 257 (1), shall adopt the transitional measures referred to in paragraph 1 of this Article depending on which of those institutions adopted the initial acts, affected by those measures. | |
| Section III | |
| Transition by stages | |
| Sub-section 1 | |
| Scope | |
| Article 259 | |
| 1. Products falling within the following acts shall be subject to a transition by stages: | |
| — | Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products, | |
| — | Regulation (EEC) No 805/68 on the common organization of the market in beef and veal, | |
| — | Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables, | |
| — | Regulation (EEC) No 2727/75 on the common organization of the market in cereals, | |
| — | Regulation (EEC) No 2759/75 on the common organization of the market in pigmeat, | |
| — | Regulation (EEC) No 2771/75 on the common organization of the market in eggs, | |
| — | Regulation (EEC) No 2777/75 on the common organization of the market in poultrymeat, | |
| — | Regulation (EEC) No 1418/76 on the common organization of the market in rice, | |
| — | Regulation (EEC) No 337/79 on the common organization of the market in wine. | |
| 2. Glucose and lactose falling under Regulation (EEC) No 2730/75 and ovalbumin and lactalbumin falling under Regulation (EEC) No 2783/75 shall be subject to the same transitional arrangements as those applicable to the corresponding agricultural products. | |
| Article 260 | |
| 1. The transition by stages shall consist of two periods of five years: | |
| — | the first stage shall begin on 1 March 1986 and end on 31 December 1990, | |
| — | the second stage shall begin on 1 January 1991 and end on 31 December 1995. | |
| The transition from the first to the second stage shall take place automatically. | |
| 2. Notwithstanding paragraph 1, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the Assembly, may reduce the length of the first stage to a period of three years expiring on 31 December 1988. In that case the second stage shall begin on 1 January 1989 and end on 31 December 1995. | |
| Sub-section 2 | |
| First stage | |
| A. Portuguese domestic market | |
| Article 261 | |
| 1. During the first stage, the Portuguese Republic shall be authorized to maintain, for the products referred to in Article 259, the rules in force under its previous national arrangements for the organization of its domestic agricultural market, under the conditions laid down in Articles 262 to 265 and subject to the special provisions of the section concerning certain products. | |
| 2. As a consequence thereof, and by way of derogation from Article 394, the application to Portugal of the Community rules on the organization of the internal market shall be postponed until the end of the first stage. | |
| Furthermore, and unless provision is made otherwise in specific cases, the application to the Community as at present constituted and to Portugal of amendments made to the Community rules under Article 396 shall be postponed until the end of the first stage. | |
| Article 262 | |
| In order that Portuguese agriculture may be harmoniously integrated into the framework of the common agricultural policy at the end of the first stage, the Portugese Republic shall progressively adjust the organization of its market on the basis of a certain number of general objectives supplemented by variable specific objectives according to the sectors concerned. | |
| Article 263 | |
| 1. The general objectives referred to in Article 262 consist in achieving: | |
| — | an appreciable improvement in the conditions of production, processing and marketing of agricultural products in Portugal, | |
| — | an overall improvement in the structural situation of the Portuguese agricultural sector. | |
| 2. In order to further the achievement of the general objectives, the following measures shall apply for the products referred to in Article 259: | |
| (a) | the implementation, from the interim period, of concrete preparatory measures for adopting and applying the ‘acquis communautaire’ particularly in the field of production, processing and marketing structures and in that of producers' organizations; | |
| (b) | the application in Portugal, from the date of accession, of Community rules in the socio-structural field, including those relating to producers' organizations; | |
| (c) | the extension, to the advantage of Portugal, within the framework of the rules referred to under (b), of the most favourable specific provisions existing at that date, in horizontal Community rules, to the least-favoured areas of the Community as at present constituted; | |
| (d) | in addition, the implementation of structural measures in favour of Portugal in the form of a specific programme for the development of Portuguese agriculture. | |
| The Council, acting under the conditions laid down in Article 258, shall adopt, if necessary, the measures or the detailed rules of such measures referred to in the first paragraph. | |
| Article 264 | |
| 1. The specific objectives referred to in Article 262 appear, according to the product sector concerned, in Section V. | |
| 2. | (a) | For the purposes of achieving the specific objectives, the Commission shall draw up during the interim period, in close cooperation with the Portuguese authorities, an action programme. | (b) | Thereafter the Commission shall follow closely the development of the situation in Portugal in the light of: | — | progress made towards achievement of the set objectives, | — | results obtained through the implementation of horizontal specific structural measures. | (c) | The Commission shall express its opinion on this development in reports which it shall forward to the Council: | — | at the end of the interim period with a view to establishing a record of the developments that occurred before the date of accession, | — | in good time before the end of the third year following accession, | — | at any other time it may deem it useful or necessary. | (d) | Taking into account, in particular, Council discussions on the reports referred to in (c), the Commission may formulate, if necessary, recommendations to the Portuguese Republic with regard to measures which should be taken with a view to achieving the objectives in question. | |
| Article 265 | |
| During the first stage the Portuguese Republic shall apply the following disciplines: | |
| 1. | A price discipline: | (a) | Where Portuguese prices, expressed in ECU, are less than or equal to the common prices: | — | without prejudice to price harmonization in the milk and milk products sector referred to in Article 309 (d), annual increases in prices may not exceed, in value, the increase in common prices, | — | however: | (aa) | in the event that Portuguese prices are lower than the common prices and where, in accordance with the aid discipline referred to in (c), the abolition of certain aids — either granted directly to products at primary production level, or granted to the means of production — leads to a reduction in income for Portuguese producers, an increase supplementary to that referred to in the first indent, limited to the impact, on the producers' income, of the abolished aids, may be applied; | (bb) | with regard to products falling within heading No 22.05 of the Common Customs Tariff, for which institutional prices are fixed, the annual increase in Portuguese prices may reach, without exceeding it, the level of the instalment resulting from a price alignment made over 10 years. | In no event may Portuguese prices exceed the level of common prices. | For the purposes of applying the price discipline defined in this paragraph (a), the level of Portuguese prices to be taken into account in the first marketing year following accession shall be the level of Portuguese prices fixed for the 1985/86 marketing year, converted into ECU at the rate valid at the start of that marketing year for the products in question. | (b) | Should the length of the first stage not be reduced in accordance with Article 260 (2), and where Portuguese prices are less than common prices, the Portuguese Republic shall, during the fifth year of the first stage, at the start of the marketing year of the product in question, make a price alignment move towards the level of common prices applicable for the same year, following detailed rules to be determined. | To that end, the Portuguese prices to be aligned shall be the prices expressed in ECU, at the level reached on 31 December 1989, in accordance with the rules of the price discipline referred to in paragraph (a). | (c) | Where the level reached by Portuguese prices for the 1985/86 marketing year, expressed in ECU by means of the conversion rate which was valid at the start of the marketing year of the product concerned, is higher than the level of the common prices, the level of the Portuguese prices may not be increased in relation to its previous level. | Furthermore, if the Portuguese prices, expressed in ECU, fixed under the previous national arrangements for the 1985/86 marketing year, lead to the variation existing for the 1984/85 marketing year between the Portuguese prices and the common prices being exceeded, the Portuguese Republic shall fix its prices for subsequent marketing years in such a way that this variation is totally absorbed during the first seven marketing years following accession. | Furthermore, Portugal shall adjust its prices to the extent necessary to avoid an increase in the variation between its prices and the common prices. | (d) | The Commission shall ensure the observance of the rules referred to above. Any price movement overrun which may arise therefrom shall not be taken into consideration when determining the price level to be adopted as the starting level for moves towards price alignment during the second phase referred to in Article 285. | |
| 2. | An aid discipline: | Under this discipline, and without prejudice to Article 248, the Portuguese Republic shall be authorized to maintain its national aid during the first stage. | However, during that period, the Portuguese Republic shall ensure that a certain dismantling of national aid, which does not comply with Community law, takes place and that the Community aid plan is progressively introduced in the organization of its domestic market without the level of that aid exceeding the common level. | |
| 3. | A production discipline: | Under this discipline the Portuguese Republic shall take the necessary measures to avoid a situation whereby, in sectors for which Community regulations establish production discipline rules: | — | any production increases occurring in its territory during the first stage lead to a worsening of the overall Community production situation, | — | the adoption of the ‘acquis communautaire’ from the start of the second phase is made more difficult. | |
| Article 266 | |
| 1. Before the end of the first stage at the latest: | |
| — | the Commission shall, if necessary, forward a report to the Council, together with proposals, on the development of the situation in one or several sectors referred to in Article 259 in relation to the objectives set for the duration of the first stage, | |
| — | the Council, acting unanimously on proposals from the Commission and after consulting the Assembly, shall decide on any necessary adjustments to the transition procedure within the maximum period of ten years laid down for the application of the transitional measures, and for such period of time as is strictly necessary in order to ensure the functioning of the common organization of the markets. | |
| 2. Paragraph 1 shall not affect the automatic nature of the transition from the first to the second stage provided for in Article 260 (1) and may not lead to an amendment of Articles 371 to 375. | |
| B. Arrangements applicable in trade between the Community as at present constituted and Portugal | |
| Article 267 | |
| Subject to Articles 268 to 276 and Section V, the Portuguese Republic shall be authorized to apply in its trade with the Community as at present constituted, during the first stage and for the products referred to in Article 259, the arrangements in force before its accession for that trade, both with regard to imports and exports. | |
| Article 268 | |
| 1. Subject to paragraph 2, the Portuguese Republic shall eliminate, from 1 March 1986, any levy of customs duties and of charges having equivalent effect on the import of products from the Community as at present constituted. | |
| 2. For the products referred to in Article 259, for which imports from third countries into the Community as at present constituted are subject to the application of customs duties, the following provisions shall apply with a view to a progressive abolition of those duties over the first and second stages: | |
| (a) | Customs duties applicable to imports into the Community as at present constituted of products from Portugal shall be abolished in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 88,9 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 77,8 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 66,7 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 55,6 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 44,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 33,4 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 22,3 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 11,2 % of the basic duty, | — | on 1 January 1994, every duty shall be abolished. | However: | — | for quality liqueur wines produced in specified regions, falling within heading No 22.05 of the Common Customs Tariff, the Community as at present constituted shall reduce its basic duties in three instalments in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 66,7 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 33,4 % of the basic duty, | — | on 1 January 1988, every duty shall be abolished, | — | for ‘vinhos verdes’ and Dão wines falling within heading No 22.05 of the Common Customs Tariff, the Community as at present constituted shall reduce its basic duties in four equal successive instalments of 25 % on the following dates: | — | 1 March 1986, | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | for other wines treated in the same way as quality wines psr, falling within heading No 22.05 of the Common Customs Tariff, the Community as at present constituted shall reduce its basic duties in six instalments in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 83,3 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 66,6 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 49,9 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 33,2 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 16,5 % of the basic duty, | — | on 1 January 1991, every duty shall be abolished. | |
| (b) | Customs duties applicable to imports into Portugal of products referred to in Article 259 from the Community as at present constituted shall be progressively abolished in accordance with the following timetable: | — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | — | on 1 January 1996, every duty shall be abolished. | However: | — | where, during the first stage, for one of the products referred to in Annex XXIII, a ceiling is placed on the duty resulting from the application of the preceding subparagraph in accordance with Article 191 at the level of duty applicable on import into Portugal from a third country benefiting from the most-favoured nation clause, and | — | where the situation persists at the beginning of the second stage, | the progressive abolition of the residual duty shall take place during the second stage starting from the level of duty actually applied at the beginning of the second stage in accordance with a timetable to be determined. | |
| 3. Within the meaning of paragraphs 1 and 2, the basic duty shall be that defined in Article 189. | |
| However: | |
| — | for the application of paragraph 2 (b), and with the exception of the basic duty applicable to products referred to in Annex XXIII, the basic duty may not exceed the level of the Common Customs Tariff duty, | |
| — | for quality liqueur wines produced in specified regions for ‘vinhos verdes’ and Dão wines, the basic duties shall be those actually applied under the tariff quotas of the previous arrangements. The tariff quotas applied under these previous arrangements shall be abolished from 1 March 1986. | |
| 4. The provisions of Article 243 (4) shall apply mutatis mutandis during the period of abolition of the customs duties referred to in paragraph 2. However, where Article 243 (4) makes provision, with regard to the Portuguese Republic, for a decision following the procedure described in the first subparagraph of that paragraph, the Portuguese Republic may act without that procedure; in that case it shall inform the other Member States and the Commission of the measures taken. | |
| Unless this Article or Article 243 (4) provide otherwise, Articles 189 to 195 shall also apply. | |
| Article 269 | |
| 1. Subject to paragraph 2, the Portuguese Republic shall, from 1 March 1986, eliminate the application of all quantitative restrictions and all measures having equivalent effect on imports of products referred to in Article 259 coming from the Community as at present constituted. | |
| 2. | (a) | Until the end of the first stage, the Portuguese Republic may maintain quantitative restrictions on imports coming from the Community as at present constituted of the products referred to in Annex XXIII. | (b) | The quantitative restrictions referred to in (a) shall consist of annual quotas opened without discrimination between economic operators. | The initial quota in 1986 for each product, expressed as the case may be in terms of volume or in ECU, shall be fixed: | — | either at 3 % of the average of Portuguese annual production during the last three years before accession for which statistics are available, | — | or at the average of Portuguese imports made over the last three years before accession for which statistics are available, where this criterion results in a greater volume or amount. | (c) | The minimum rate of progressive increase of the quotas shall be 15 % at the beginning of each year with respect to the quotas expressed in terms of value, and 10 % at the beginning of each year with respect to the quotas expressed in terms of volume. | The increase shall be added to each quota and the following increase shall be calculated on the basis of the total figure obtained. | (d) | Where imports into Portugal during two consecutive years are less than 90 % of the annual quota opened, Portugal shall abolish the quantitative restrictions in force. | (e) | For the period running from 1 March to 31 December 1986 the applicable quota shall be equal to the initial quota reduced by one-sixth. | |
| Article 270 | |
| 1. During the first stage, the Portuguese Republic shall apply to the import of products referred to in Article 259 from the Community as at present constituted a system of price equalization or, of specific protection, such as that laid down by Community rules for imports from third countries. This system must be based on criteria identical to those adopted by Community rules to determine the parameters of price equalization or of the level of specific protection. | |
| 2. For those of the products referred to in Article 259 which are not subject to restrictions in trade between Portugal and the present Member States or between Portugal and third countries under Articles 269 and 280 respectively, the Portuguese Republic may apply until 31 December 1988 a system of statistical information prior to import. However, this system, which includes the issue of a national import document, must provide for the automatic issue of that document within a time limit of four working days from the date of lodging the request; should the document not be delivered within the set time limit, the import may take place without let or hindrance. | |
| Within the framework of the report referred to in the second indent of Article 264 (2) (c), the Commission shall, where appropriate, submit proposals to the Council regarding the retention of that system during the remaining period of the first stage for products for which such retention proves necessary. | |
| 3. The Portuguese Republic shall communicate to the Commission, at the latest three months before the date of accession, the detailed rules of the systems referred to in paragraphs 1 and 2. | |
| After having examined it, the Commission shall forward this communication to the other Member States. | |
| Article 271 | |
| During the first stage, the Portuguese Republic may grant, for the products referred to in Article 259 exported to the present Member States, export aids or subsidies. | |
| However, the amount of any such aids or subsidies shall be limited to not more than the variation between prices recorded in Portugal and in the Community as at present constituted and, where appropriate, to the amount of customs duty. | |
| Such aids or subsidies may not be fixed until the consultation procedure referred to in Article 276 has taken place. | |
| Article 272 | |
| 1. During the first stage and subject to the provisions of Articles 268 (2) (a) and 316, the Community as at present constituted shall apply to the import of products referred to in Article 259 from Portugal the arrangements that it applied to Portugal before accession. | |
| 2. However, for products subject to a Community system of import levies, account shall be taken, when levies applicable to products imported from Portugal are fixed, of any price alignment that may have taken place and, where appropriate, the amount of national aid granted in Portugal. | |
| 3. In trade between the Community as at present constituted and third countries, during the first stage, statistics relating to the Portuguese market shall not be adopted for the purposes of calculating the common prices which serve to determine the amounts levied on imports. | |
| Article 273 | |
| 1. During the first stage, the fixed component intended to ensure the protection of the processing industry which forms part of the calculation of the charge on imports from third countries of products falling under the common organization of the markets in the cereals and rice sectors shall be levied on the import into Portugal of products coming from the present Member States. | |
| 2. Notwithstanding paragraph 1, the protection component to be levied during the first stage on the import into Portugal of the products referred to in Annex XXIV shall be fixed opposite each entry. | |
| Article 274 | |
| 1. Without prejudice to the application of the general protective clause referred to in Article 379, the Portuguese Republic shall be authorized to adopt protective measures against the import of products referred to in Article 259 coming from the present Member States under the conditions and on the basis of criteria comparable to those existing under the framework of each common organization of markets for the application of protective measures with regard to third countries. | |
| 2. The Portuguese Republic shall, without delay, notify the Commission of these measures so as to allow it to make, where appropriate, remarks as to the justification, the nature or the duration of the protective measures decided upon. | |
| The procedure shall be without prejudice to the applicability of the means of redress provided under the EEC Treaty. | |
| 3. No protective measure may be adopted if, at least, the same measure is not, at the same time, applicable to imports into Portugal of the same products from third countries. | |
| Article 275 | |
| 1. During the first stage the Community as at present constituted shall apply to the export of products referred to in Article 259 to Portugal the arrangements that it applies to exports with regard to third countries. | |
| 2. However, the amount of any applicable refund shall be limited to not more than the variation between prices recorded in the Community as at present constituted and Portugal and, where appropriate, to the amount of customs duty. | |
| Such refunds may not be fixed until the consultation procedure referred to in Article 276 has taken place. | |
| 3. The refunds referred to in this Article shall be financed by the Community under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Article 276 | |
| The implementation by the Portuguese Republic of the aids or subsidies referred to in Article 271 or by the Community of the refunds referred to in Article 275 shall be subject to prior consultations which shall take place in accordance with the following procedure: | |
| 1. | Any proposal for fixing: | — | a subsidy for exports from Portugal to the Community as at present constituted or to third countries, or | — | a refund for exports from the Community as at present constituted to Portugal | shall form the subject of an exchange of views within the framework of periodical meetings of the Management Committee set up by the common organization of the market within which the product in question falls. | |
| 2. | The Commission representative shall submit the proposal referred to in point 1 for examination; this examination shall concern itself in particular with the economic aspects of the envisaged exports and with the situation and the level of prices on the Portuguese market, on that of the Community as at present constituted and on the world market. | |
| 3. | The Committee shall deliver an opinion on the proposal within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes. | The opinion shall be forthwith forwarded to the authority competent for fixing, namely the Portuguese Republic or the Commission, as the case may be. | |
| 4. | In the event of a negative opinion the competent authority: | — | may not apply a fixing measure which does not comply with the opinion until after the expiry of a period of 10 working days calculated from the date on which the Committee delivered its opinion. | — | shall immediately communicate the fixing measure to the Council, which may discuss it and recommend the competent authority to amend its fixing proposal or decision. | |
| C. Arrangements applicable in trade between Portugal and third countries | |
| Article 277 | |
| 1. For the products referred to in Article 259 and, subject to Articles 278 to 282, the Portuguese Republic shall apply, from 1 March 1986, the Community rules on the arrangements applicable to importation into the Community of products imported from third countries, as defined in Article 272 (3). | |
| 2. However, the levies applicable on import shall, where appropriate, be increased by the variation which exists between the prices applicable in Portugal and the common prices. | |
| Article 278 | |
| 1. The Portuguese Republic shall apply the Common Customs Tariff duties in their entirety from 1 March 1986 for the products referred to in Article 259 with the exception of products appearing in Annex XXV to which the Common Customs Tariff shall be applied at the beginning of the second stage at the latest. | |
| 2. Point 4 of Article 243 shall apply mutatis mutandis during the first stage to products appearing in Annex XXV. | |
| Unless this Article or point 4 of Article 243 provides otherwise, Articles 197 to 201 shall also apply. | |
| Article 279 | |
| The components intended to ensure the protection of the processing industry referred to in Article 273 and appearing in Annex XXIV shall replace, during the first stage, with regard to the charge levied by Portugal on imports from third countries, the Community protection component. | |
| Article 280 | |
| Until 31 December 1995 the Portuguese Republic may maintain, in accordance with detailed rules to be determined by the Council acting under the conditions laid down in Article 258, quantitative restrictions on imports from third countries of the products referred to in Annex XXVI. | |
| Article 281 | |
| Articles 270 (2) and 274 shall apply mutatis mutandis to trade between Portugal and third countries. | |
| Article 282 | |
| The Portuguese Republic shall be authorized to postpone until the beginning of the second stage the progressive application to imports of preferences granted, unilaterally or by agreement, by the Community to certain third countries. | |
| Article 283 | |
| 1. For the products referred to in Article 259, and subject to paragraph 2 of this Article, the Portuguese Republic shall be authorized to maintain, during the first stage, for exports to third countries, the arrangements in force before its accession for such trade. | |
| 2. The amount of aid or subsidies granted, where appropriate, by the Portuguese Republic for exports to third countries must be limited to the amount that is strictly necessary in order to ensure the disposal of the product in question on the market of destination. | |
| Such aid or subsidies may not be implemented until the procedure referred to in Article 276 has taken place. These consultations shall concern, in particular, the economic aspects of the envisaged exports, the prices adopted for their calculation and the situation of the markets of origin and of destination. | |
| Sub-section 3 | |
| Second stage | |
| Article 284 | |
| 1. As from the second stage, Community rules relating to the products referred to in Article 259 shall apply in full subject to Articles 239, 240, 241, 242 (1), 249 to 253, 255, 256, 268, 279, 285 to 288 and to the specific provisions applicable to certain products, referred to in Section V. | |
| 2. However, the compensatory amount established in accordance with the rules of Article 240 shall, where appropriate, be corrected by the amount of national aid which the Portuguese Republic is authorized to maintain pursuant to Article 286. | |
| Article 285 | |
| 1. | (a) | Where, in accordance with Article 260 (1), the second stage is of five years' duration, the prices to be applied in Portugal shall be fixed, until the first of the moves towards alignment referred to in paragraph 2 of this Article, at the same level as that resulting from application of Article 265 (1). | (b) | Where, in accordance with Article 260 (2), the second stage is of seven years' duration, the prices to be applied in Portugal shall be, until the first of the moves towards alignment referred to in paragraph 2 of this Article, the prices, expressed in ECU, fixed in accordance with the rules provided for under the common organization of the markets in the sector concerned, at the level reached on 31 December 1988 in accordance with the rules for prices discipline set out in point 1 of Article 265. | |
| 2. If application of paragraph 1 results in Portugal in a price level which is different from that of the common prices, the prices for which reference is made in Section V to this Article shall, subject to paragraph 6, be aligned on the common prices, each year at the beginning of the marketing year pursuant to paragraphs 3 and 4. | |
| 3. Where, for a given product, the price in Portugal is lower than the common price, the move towards alignment shall be carried out: | |
| — | in five years, when the second stage is of five years' duration; in this case, the price in Portugal shall be increased during the four first moves to alignment successively by one-fifth, one-quarter, one-third and by one-half of the difference between the level of the Portuguese price and the level of the common prices which are applicable before each move to alignment, | |
| — | in seven years, when the second stage is of seven years' duration; in this case, the price in Portugal shall be increased during the first six moves to alignment successively by one-seventh, one-sixth, one-fifth, one-quarter, one-third and by one-half of the difference between the level of the Portuguese price and the level of the common prices which are applicable before each move to alignment. | |
| The price resulting from the calculation carried out under one of the foregoing two indents shall be increased or decreased in proportion to the increase or decrease, if any, in the common price for the marketing year to come. | |
| The common price shall be applied in Portugal in 1995 at the beginning of the marketing year for the product concerned. | |
| 4. | (a) | Where, for a given product, the price in Portugal is higher than the common price, the price in that Member State shall be maintained at the level referred to in paragraph 1, with the move to alignment resulting from the development in common prices, as the case may be, over the five or seven years respectively of the second stage. | However, the price in Portugal shall be adjusted to the extent necessary to avoid any increase in the variation between this price and the common price. | Without prejudice to paragraph (b), the common price shall be applied in Portugal in 1995, at the beginning of the marketing year for the product concerned. | (b) | Before the end of the eighth year following the date of accession, the Council shall carry out an analysis of the development in the moves to price alignment. To this end, the Commission shall forward to the Council, within the framework of the reports referred to in Article 264 (2) (c), an opinion accompanied, where appropriate, by adequate proposals. | If this analysis shows: | — | that the variation between the Portuguese prices and the common prices, while being too great to be absorbed over the period still to be run for the move to the alignment of prices pursuant to paragraph 2, nevertheless appears capable of being made up within a limited period of time, the period of the move towards alignment of prices, as originally envisaged, may be extended; in this case, the prices shall be maintained at their previous level in accordance with the rule provided for in paragraph (a), | — | that the variation between the Portuguese prices and the common prices is too great to be made up solely by extending the period of the move towards alignment of prices, as originally envisaged, a decision may be taken that, in addition to this extension, the move towards alignment will take place by a progressive lowering of the Portuguese prices, expressed in real terms, accompanied, if necessary, by indirect, temporary and degressive aid in order to mitigate the effect of the phased price reduction. Such aid shall be financed by the Portuguese budget. | The Council, acting on a qualified majority on a proposal from the Commission and after consulting the Assembly, shall adopt the measures referred to in the previous subparagraph. | |
| 5. When, at the beginning of the second stage, it is noted that the variation between the level of the price for a product in Portugal and that of the common price does not exceed 3 % of the common price, the common price may be applied to Portugal for the product concerned. | |
| 6. In the interests of the harmonious operation of integration, it may be decided that, by way of derogation from paragraph 3, the price of one or more products for Portugal shall vary, for one marketing year, as compared with the prices resulting from application of this paragraph. | |
| Such variation may not exceed 10 % of the amount of the price movement to be carried out. | |
| In this case the price level for the following marketing year shall be that which would have resulted from application of paragraph 3 had variation not been decided upon. However, for this marketing year, a new variation may be decided upon as compared with this level, under the conditions provided for in the first and second subparagraphs. | |
| The derogation provided for in the first subparagraph shall not apply to the last move to alignment referred to in paragraph 3. | |
| Article 286 | |
| 1. From the beginning of the second stage the following provisions shall be applicable in Portugal: | |
| — | Article 244 (1), subject to Articles 268, 280 and 285 and to specific provisions applicable to certain products referred to in Section V, | |
| — | Article 247, with Council decisions being adopted according to the procedure referred to in Article 234 (2), | |
| — | Article 248, | |
| — | Article 254, with the date 1 March 1986 being replaced by that on which the second stage begins, | |
| — | Article 257, with the date 31 December 1987 being replaced by that of 31 December of the second year of the second stage. | |
| 2. The STM referred to in Article 249 shall apply under the conditions laid down in Articles 250 to 252 from the beginning of the second stage until 31 December 1995. The list of products to be submitted to the STM shall be drawn up before the end of the first stage. This list may be added to, in accordance with the procedure laid down in Article 250, during the first two years of the second stage. | |
| At the beginning of each year, the Commission shall submit a report to the Council on the operation of the STM during the previous year. | |
| 3. The fixed components intended to ensure the protection of the processing industry referred to in Article 273 (1) and (2) shall be progressively abolished from the beginning of the second stage in accordance with the following timetable: | |
| — | on 1 January 1991, each fixed component shall be reduced to 83,3 % of the basic fixed component, | |
| — | on 1 January 1992, each fixed component shall be reduced to 66,6 % of the basic fixed component, | |
| — | on 1 January 1993, each fixed component shall be reduced to 49,9 % of the basic fixed component, | |
| — | on 1 January 1994, each fixed component shall be reduced to 33,2 % of the basic fixed component, | |
| — | on 1 January 1995, each fixed component shall be reduced to 16,5 % of the basic fixed component, | |
| — | on 1 January 1996, every fixed component shall be abolished, | |
| Article 287 | |
| 1. By way of derogation from Articles 240 (3) (b) and 284, in trade between Portugal and third countries, levies or other import charges applied under the common agricultural policy shall not be reduced by compensatory amounts applicable in trade with the Community as at present constituted. | |
| 2. From the beginning of the second stage, the variation between the fixed components intended to ensure the protection of the processing industry referred to in Article 279 and those which form part of the calculation of the charge on imports from third countries shall be reduced in accordance with the same timetable as that given in Article 286 (3). | |
| From 1 January 1996 the Portuguese Republic shall apply the fixed component intended to ensure the protection of the processing industry which forms part of the calculation of the charge on imports from third countries of products covered by the common organization of the markets in the cereals and rice sectors. | |
| Article 288 | |
| Aid, premiums or other similar amounts instituted under the common agricultural policy for which reference is made to this Article in Section V shall be applied to Portugal according to the following provisions: | |
| (a) | The level of Community aid to be granted for a given product to Portugal at the beginning of the second stage shall be equal to the amount of the aid granted at the end of the first stage. | If no similar aid was granted during the first stage, and subject to the following provisions, no aid shall be granted to Portugal at the beginning of the second stage. | |
| (b) | At the beginning of the first marketing year or, failing this, of the first period of application of aid following the beginning of the second stage, the following conditions shall apply: | (aa) | either Community aid shall be introduced in Portugal at a level which represents: | — | a fifth of the amount of Community aid applicable for the coming marketing year or period when the second stage is of five years' duration, | — | a seventh of the amount of Community aid applicable for the coming marketing year or period when the second stage is of seven years' duration; | (bb) | or, Community aid for Portugal shall be, where there is a difference, aligned on the level of the aid applicable in the Community as at present constituted for the coming marketing year or period: | — | by one-fifth of the difference which exists between these two types of aid when the second stage is of five years' duration, | — | by one-seventh of the difference which exists between these two types of aid when the second stage is of seven years' duration. | |
| (c) | At the beginning of the following marketing years or periods of application, the level of Community aid to Portugal shall be aligned on the level of the aid applicable in the Community as at present constituted, for the coming marketing year or period, successively: | — | by one-quarter, one-third and by half the difference which exists between these two types of aid when the second stage is of five years' duration, | — | by one sixth, one-fifth, one-quarter, one-third and by half the difference which exists between these two types of aid when the second stage is of seven years' duration. | |
| (d) | The level of Community aid shall be applied in full to Portugal in 1995 at the beginning of the marketing year or period during which aid is applied. | |
| Article 289 | |
| 1. The Portuguese Republic shall apply progressively to imports, as from the beginning of the second stage, the preferences accorded, either autonomously or by agreement, by the Community to certain third countries. | |
| 2. To this end, the Portuguese Republic shall apply a duty reducing the variation between the rate of duty actually applied at the end of the first stage and the preferential rate of duty according to the following timetable: | |
| (a) | When the second stage is of five years' duration: | — | on 1 January 1991, the variation shall be reduced to 83,3 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 66,6 % of the original variation, | — | on 1 January 1993, the variation shall be reduced to 49,9 % of the original variation, | — | on 1 January 1994, the variation shall be reduced to 33,2 % of the original variation, | — | on 1 January 1995, the variation shall be reduced to 16,5 % of the original variation. | |
| (b) | When the second stage is of seven years' duration: | — | on 1 January 1989, the variation shall be reduced to 87,5 % of the original variation, | — | on 1 January 1990, the variation shall be reduced to 75 % of the original variation, | — | on 1 January 1991, the variation shall be reduced to 62,5 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 50 % of the original variation, | — | on 1 January 1993, the variation shall be reduced to 37,5 % of the original variation, | — | on 1 January 1994, the variation shall be reduced to 25 % of the original variation, | — | on 1 January 1995, the variation shall be reduced to 12,5 % of the original variation. | |
| (c) | The Portuguese Republic shall apply the preferential rates in full on 1 January 1996. | |
| Section IV | |
| Provisions relating to certain common organizations of markets subject to classic transition | |
| Sub-section 1 | |
| Oils and fats | |
| Article 290 | |
| 1. For olive oil, Articles 236 and 240 shall apply to the intervention price. | |
| 2. During the transitional period of 10 years, the price thus fixed for Portugal shall be aligned on the level of the common price each year at the beginning of each marketing year in accordance with the following procedures: | |
| — | Until the entry into force of the adjustment of the ‘acquis communautaire’, the price in Portugal shall be aligned each year by one-twentieth of the original variation between this price and the common price. | |
| — | As from the entry into force of the adjustment of the ‘acquis communautaire’, the price in Portugal shall be corrected by the difference between the price in this Member State and the common price, as applicable before each move towards alignment, divided by the number of marketing years still to run until the end of the period of application of the transitional measures; the price resulting from this calculation shall be adapted in proportion to any change in the common price for the marketing year to come. | |
| 3. The Council, acting in accordance with the procedure provided for in Article 43 (2) of the Treaty establishing the European Economic Community, shall note that the condition required for the application of the second indent of paragraph 2 of this Article is fulfilled. The move towards alignment of the price shall be effected in accordance with the said provision, as from the beginning of the marketing year following this finding. | |
| 4. The compensatory amount resulting from application of Article 240 shall be adapted, should the need arise, on the basis of the difference between Community aid for consumption applicable in the Community as at present constituted and in Portugal. | |
| Article 291 | |
| 1. Article 236 shall apply to the target price for sunflower seeds. | |
| For colza and rape seeds, for soya beans and linseed, the target or guide price applicable in Portugal on 1 March 1986 shall be fixed on the basis of the variation existing between the prices of competitive products in rotation cropping in Portugal and in the Community as at present constituted, over a reference period to be determined. However, the target or guide price to be applied to Portugal may not be higher than the common price. | |
| 2. For the period during which the transitional measures are applied, the prices thus fixed for Portugal shall be aligned on the level of the common prices each year at the beginning of the marketing year. The move towards alignment shall take place in 10 stages, Article 238 being applied mutatis mutandis. | |
| 3. The intervention prices of colza, rape and sunflower seeds and the minimum price of soya beans, applicable in Portugal, shall be derived respectively from the target price and the guide price, as referred to in paragraphs 1 and 2, in accordance with the provisions of the common organization of the market concerned. | |
| 4. Until 31 December 1990, in trade in processed vegetable oil products intended for human consumption, with the exception of olive oil products, appropriate measures shall be adopted to take account of the differences in the prices of these oils in Portugal and in the Community as at present constituted. | |
| Article 292 | |
| 1. The Portuguese Republic shall apply, until 31 December 1990 and according to procedures to be determined, a mechanism for the control of: | |
| (a) | the quantities of oil seeds and oil fruits, as well as of flour from which the oil has not been extracted and of all vegetable oils, with the exception of olive oil, intended for human consumption on the Portuguese domestic market, in order to avoid any worsening of the conditions for competition between the various vegetable oils. The volume of the quantities placed on the Portuguese market for consumption shall be established on the basis of consumption in Portugal and the level of this consumption will be assessed within the framework of a report drawn up for each marketing year according to the procedure provided for in Article 38 of Regulation No 136/66/EEC on the basis of: | — | Portuguese consumption recorded over the period 1980 to 1983, | — | the foreseeable trend in demand. | Following the same procedure, this report may be updated during the marketing year; | |
| (b) | the level of consumer prices for the vegetable oils referred to in paragraph (a), in such a way as to maintain — until 31 December 1990 — in principle the price level, expressed in ECU, reached during the 1984/85 marketing year. | The control mechanism referred to in paragraph (a) shall include the replacement, on 1 March 1986, of the trade arrangements applied on imports into Portugal by a system of quantitative import restrictions opened without discrimination between economic operators, both with regard to the Community as at present constituted and with regard to third countries. | |
| 2. In exceptional circumstances, the control mechanism defined in this Article may be modified, for those products subjected to it, as far as necessary to avoid imbalances in the markets for the different oils. | |
| These modifications shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC. | |
| Article 293 | |
| 1. Community aid for the production of olive oil shall be instituted in Portugal at the beginning of the first marketing year following accession and shall be aligned, during the period of application of the transitional measures, on the level of the aid granted in the Community as at present constituted. Article 246 shall apply mutatis mutandis. | |
| Community aid for the consumption of olive oil shall be instituted in Portugal as from 1 January 1991, according to a timetable to be determined, to the extent necessary to reach a common level at the end of the period of application of the transitional measures. | |
| 2. Aid for colza, rape and sunflower seeds, for soya beans and for linseed, produced in Portugal, shall be: | |
| — | introduced in Portugal as from the beginning of the first marketing year following accession, and | |
| — | increased thereafter, during the period of application of the control mechanism referred to in Article 292 (1), | |
| on the basis of the move towards alignment, as the case may be, of the target price or the guide price applicable in Portugal, on the level of the common price. | |
| On expiry of the period referred to in the foregoing subparagraph, the aid granted to Portugal shall be equal to the difference that exists between the target price or the guide price applicable in that Member State and the price on the world market, with this difference being reduced by the incidence of the customs duty applied by Portugal on imports of products from third countries. | |
| 3. Aid for the seeds and beans referred to in paragraph 2 produced in Portugal and processed in the Community as at present constituted, and the aid for the same seeds and beans produced in the Community as at present constituted and processed in Portugal, shall be adjusted to take account of the difference between the level of the prices of these seeds and beans and that of seeds and beans imported from third countries. | |
| 4. Furthermore, when the aid for colza, rape and sunflower seeds is calculated, account shall be taken of any differential amount which may be applicable. | |
| Article 294 | |
| During the 1986/87 to 1994/95 marketing years, specific guarantee thresholds shall be fixed for colza and rape seeds and for sunflower seeds produced in Portugal. | |
| For the 1986/87 marketing year these thresholds shall be fixed at: | |
| — | 1 000 tonnes for colza and rape seeds, | |
| — | 48 000 tonnes for sunflower seeds. | |
| For the following marketing years these specific guarantee thresholds shall be determined according to criteria comparable to those adopted for fixing the guarantee thresholds in the Community as at present constituted. | |
| When a specific guarantee threshold is exceeded, the co-responsibility penalties shall be applied according to procedures which are similar to those applied in the Community as at present constituted and with the same ceiling. | |
| Article 295 | |
| 1. The Portuguese Republic shall postpone, until the control mechanism referred to in Article 292 expires, the application of preferential arrangements, be they contractual or autonomous, applied by the Community with regard to third countries in the olive oil sector, the oil seeds and oil fruits sector and in that of products derived therefrom. | |
| 2. As from 1 January 1991, the Portuguese Republic shall apply a duty reducing the variation between the rate of duty actually applied on 31 December 1990 and the rate of preferential duty according to the following timetable: | |
| — | on 1 January 1991, the variation shall be reduced to 83,3 % of the original variation, | |
| — | on 1 January 1992, the variation shall be reduced to 66,6 % of the original variation, | |
| — | on 1 January 1993, the variation shall be reduced to 49,9 % of the original variation, | |
| — | on 1 January 1994, the variation shall be reduced to 33,2 % of the original variation, | |
| — | on 1 January 1995, the variation shall be reduced to 16,5 % of the original variation. | |
| The Portuguese Republic shall apply the preferential rates in full from 1 January 1996. | |
| Sub-section 2 | |
| Tobacco | |
| Article 296 | |
| Article 236 and, where appropriate, Article 238 shall apply to the intervention price fixed for each variety or group of varieties. | |
| Article 297 | |
| The norm price corresponding to the intervention price referred to in Article 296 shall be fixed in Portugal for the first harvest following accession at a level that shall reflect the relationship existing between the norm price and the intervention price, in accordance with the second subparagraph of Article 2 (2), of Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco. | |
| Sub-section 3 | |
| Flax and hemp | |
| Article 298 | |
| Article 246 shall apply to aid for fibre flax and hemp. | |
| Sub-section 4 | |
| Hops | |
| Article 299 | |
| The aid to hop producers referred to in Article 12 of Regulation (EEC) No 1696/71 shall be applied in full in Portugal as from the first harvest following accession. | |
| Sub-section 5 | |
| Seeds | |
| Article 300 | |
| Article 246 shall apply to the aid for the seeds referred to in Article 3 of Regulation (EEC) No 2358/71. | |
| Sub-section 6 | |
| Silkworms | |
| Article 301 | |
| Article 246 shall apply to aid for silkworms. | |
| Sub-section 7 | |
| Sugar and isoglucose | |
| Article 302 | |
| 1. Articles 236, 238 and 240 shall apply to the intervention price for white sugar and to the basic price for beet. | |
| However, the accession compensatory amount shall be corrected, to the extent necessary for the smooth running of the common organization of the markets, by the incidence of the compensatory levy for storage costs. | |
| 2. For raw sugar and for products other than fresh beet, appearing in Article 1 (b), and for the products appearing in Article 1 (1) (d) and (f) of Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector, compensatory amounts may be fixed to the extent necessary to avoid all risk of disturbance in trade between the Community as at present constituted and Portugal. | |
| In this case, the compensatory amounts shall be derived from the compensatory amount applicable to the primary product in question, with the help of coefficients to be determined. | |
| Article 303 | |
| During the period of seven years following accession, the levy on raw cane sugar originating in the Ivory Coast, Malawi, Zimbabwe and Swaziland, which is imported into Portugal up to a maximum quantity annually of 75 000 tonnes expressed as white sugar, shall be equal to the amount of the levy on raw sugar calculated in accordance with the rules of the common organization of the markets, reduced by the difference between the threshold price and the intervention price for raw sugar. | |
| For the period 1 March to 1 July 1986 and for the period 1 July to 31 December 1992, the maximum annual quantity referred to above shall be reduced in proportion to the length of those periods. | |
| Where, during the above periods: | |
| (a) | the Community forward estimate for raw sugar for a given marketing year or part thereof shows that the availability of raw sugar is insufficient to ensure adequate supply of Portuguese refineries, or | |
| (b) | exceptional and unforeseeable circumstances justify it during the marketing year or part thereof, | |
| the Portuguese Republic may be authorized, according to the procedure provided for in Article 41 of Regulation (EEC) No 1785/81, to import from third countries under the marketing year or part thereof concerned, the quantities which it is estimated are lacking, under the same conditions regarding the reduced levy as those provided for in respect of the quantity referred to in the first paragraph. | |
| Sub-section 8 | |
| Processed fruit and vegetables | |
| Article 304 | |
| For the products benefiting from the aid arrangements provided for in Article 3 of Regulation (EEC) No 516/77 on the common organization of the markets in fruit and vegetable processed products, the following provisions shall apply to Portugal: | |
| 1. | Until the first move towards alignment of the prices referred to in Article 238, the minimum price referred to in Article 3b of Regulation (EEC) No 516/77 shall be established on the basis: | — | of the price fixed in Portugal under the preceding national arrangements for the product intended for processing, or | — | in the absence of such a price, of the prices paid in Portugal to producers for the product intended for processing, as recorded during a representative period to be determined. | |
| 2. | Where the minimum price referred to in paragraph 1 is: | — | lower than the common price, the price in Portugal shall be modified at the beginning of each marketing year following accession, according to the procedures provided for in Article 238, | — | higher than the common price, the common price shall be adopted on accession for Portugal. | |
| 3. | (a) | For processed tomato products, for the first five marketing years following accession or, where Article 260 (2) is applied during the first three marketing years following accession, the amount of Community aid granted to Portugal shall be derived from the aid calculated for the Community as at present constituted, bearing in mind the difference of the minimum producer prices resulting from the application of point 2 of this Article, before this last-mentioned aid is reduced, possibly as a result of the guarantee threshold fixed for these products in the Community as at present constituted being exceeded. | Where the threshold in the Community as at present constituted is exceeded, if this proves necessary to ensure normal conditions for competition between Portuguese industries and those of the Community, it shall be decided, in accordance with the procedure provided for in Article 20 of Regulation (EEC) No 516/77, that a compensatory amount, at the most equal to the difference between the aid fixed for Portugal and that which would have been derived from the Community aid fixed, will be applied in accordance with Article 240 (3) (a) and levied by the Portuguese Republic on exports to third countries. | However, on expiry of the arrangements under Regulation (EEC) No 1320/85, no compensatory amount shall be levied where it is proved that the Portuguese product has not benefited from Community aid granted to Portugal. | In no case may the aid applicable to Portugal exceed the amount of aid granted in the Community as at present constituted. | (b) | During the period referred to in (a), the grant of Community aid to Portugal shall be limited, for each marketing year, to a quantity of processed products corresponding to a quantity of fresh tomatoes of: | — | 685 000 tonnes for the manufacture of tomato concentrate, | — | 9 600 tonnes for the manufacture of whole peeled tomatoes, | — | 137 tonnes for other tomato products. | At the end of that period, the quantities fixed above, adjusted to accommodate any changes made to Community thresholds during the same period, shall be taken into consideration when fixing Community thresholds. | |
| 4. | For tomato products on expiry of the period referred to in point 3 (a) and for the other products during the six marketing years following accession, the amount of the Community aid granted to Portugal shall be derived from the aid fixed for the Community as at present constituted, bearing in mind the difference of the minimum prices resulting from the application of point 2. | |
| 5. | Community aid shall be applied in full in Portugal as from the beginning of the seventh marketing year following accession. | |
| 6. | For the purposes of applying this Article, the minimum price and the aid obtaining in the Community as at present constituted shall refer to the amounts obtaining in the Community as at present constituted excluding Greece. | |
| Article 305 | |
| The minimum price and the financial compensation applicable in Portugal, as provided for in Articles 2 and 3 of Regulation (EEC) No 2601/69 laying down special measures to encourage the processing of certain varieties of oranges and in Articles 1 and 2 of Regulation (EEC) No 1035/77 laying down special measures to encourage the marketing of processed lemon products, shall be fixed as follows: | |
| 1. | Until the first move towards the alignment of the prices referred to in Article 238, the minimum price applicable shall be established on the basis of the prices paid in Portugal to producers of citrus fruits intended for processing, recorded over a representative period to be determined. The financial compensation shall be that of the Community as at present constituted less, where appropriate, the difference which exists between, on the one hand, the common minimum price and, on the other, the minimum price applicable in Portugal. | |
| 2. | For subsequent price fixing, the minimum price applicable in Portugal shall be aligned on the common minimum price in accordance with the provisions of Article 238. The financial compensation applicable in Portugal at each stage of the move towards alignment shall be that of the Community as at present constituted less, where appropriate, the difference between, on the one hand, the common minimum price and, on the other, the minimum price applicable in Portugal. | |
| 3. | However, where the minimum price resulting from the application of point 1 or 2 is higher than the common minimum price, the latter price may be adopted definitively for Portugal. | |
| Sub-section 9 | |
| Dried fodder | |
| Article 306 | |
| 1. The guide price referred to in Article 4 of Regulation (EEC) No 1117/78 on the common organization of the market in dried fodder, applicable in Portugal on 1 March 1986, shall be fixed on the basis of the variations which exist between the prices of competitive products in rotation cropping in Portugal and in the Community as at present constituted over a reference period to be determined. | |
| Article 238 shall apply to the guide price calculated in accordance with the first subparagraph. However, the guide price to be applied in Portugal may not exceed the common guide price. | |
| 2. The supplementary aid applicable to Portugal shall be adjusted by an amount equal to: | |
| — | the difference which exists, where this arises, between the guide price in Portugal and the common guide price, multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, and | |
| — | the incidence of customs duties applicable in Portugal on the import of the said products from third countries. | |
| 3. Article 246 shall apply to the flat-rate aid referred to in Article 3 of Regulation (EEC) No 1117/78. | |
| Sub-section 10 | |
| Peas, field beans and sweet lupins | |
| Article 307 | |
| 1. The activating threshold price of peas, field beans and sweet lupins used in the manufacture of animal feed, and the guide price of other peas and field beans, applicable in Portugal on 1 March 1986, shall be fixed on the basis of the variation which exists between the prices of competitive products in rotation cropping in Portugal and in the Community as at present constituted over a reference period to be determined. | |
| Article 238 shall apply to the activating threshold price or to the guide price for products. However, the activating threshold price or the guide price to be applied in Portugal may not exceed the common price. | |
| 2. For products harvested in Portugal and used in the manufacture of feed, falling within Regulation (EEC) No 1431/82 laying down special measures for peas, field beans and sweet lupins, the amount of the aid referred to in Article 3 (1) of that Regulation shall be reduced by the amount of the difference which exists, where this arises, between the activating threshold price in Portugal and the common price. | |
| Without prejudice to the application of the first subparagraph, the amount of the aid concerned for a product processed in Portugal shall be reduced by the incidence of the customs duties applied in Portugal on import of soya cake coming from third countries. | |
| The deductions referred to in the first and second subparagraphs shall result from application of the percentages referred to in Article 3 (1) of Regulation (EEC) No 1431/82. | |
| 3. The amount of the aid referred to in Article 3 (2) of Regulation (EEC) No 1431/82 for peas and field beans harvested in Portugal and used in human and animal consumption for a purpose other than that provided for in paragraph 1 of that Article shall be reduced by an amount equal to the difference which exists, where this arises, between the guide price applied in Portugal and the common guide price. | |
| Without prejudice to the application of the first subparagraph, the amount of the aid concerned for a product processed in Portugal shall be reduced by the incidence of the customs duties applied in Portugal on import of these products from third countries. | |
| Sub-section 11 | |
| Sheepmeat and goatmeat | |
| Article 308 | |
| In the sheepmeat sector, Article 236 shall apply to the basic price. | |
| Section V | |
| Provisions relating to certain common organizations of markets subject to transition by stages | |
| Sub-section 1 | |
| Milk and milk products | |
| A. First stage | |
| Article 309 | |
| The specific objectives referred to in Article 264 and to be attained by the Protuguese Republic during the first stage in the milk and milk products sector shall be the following: | |
| (a) | abolition of the Junta Nacional dos Produtos Pecuários (JNPP) as a State body at the end of the first stage and the progressive liberalization of internal trade, imports and exports with a view to setting up an arrangement for free competition and free access to the Portuguese market; | |
| (b) | creation of an intervention agency and the formation of a material and human infrastructure to facilitate intervention operations; | |
| (c) | modification of the existing prices structure so as to enable their free formation on the market and modification of the relation as to value between the fat part and the protein part of milk used in Portugal to align it on the relation retained in the Community; | |
| (d) | harmonization of domestic prices for milk, butter and dried milk obtaining in mainland Portugal with those obtaining in the Azores; | |
| (e) | elimination, as far as possible, of national aid which is incompatible with Community law, and the progressive introduction of the scheme for Community aid; | |
| (f) | abolition of the exclusiveness of milk collection zones and of the exclusiveness of pasteurization; | |
| (g) | creation of an information service for agricultural markets with a view to the recording of price levels and an appropriate formation of administrative departments, these being essential for the smooth running of the common organization of the markets in the sector concerned; | |
| (h) | implementation of measures intended to promote the modernization of production, processing and marketing structures. | |
| B. Second stage | |
| Article 310 | |
| 1. Until the first move towards alignment, the intervention prices for butter and skimmed-milk powder, applicable in Portugal, shall be calculated according to the rules provided for and on the basis of the data taken into consideration in the common organization of the markets. | |
| Articles 285 (2) to (6) and 287 shall apply to the intervention prices thus calculated. | |
| Should the intervention prices applicable in the mainland part of Portugal and the intervention prices applicable in the Azores not be equalized at the end of the first stage, the move towards alignment of these prices with the common prices shall take place according to procedures to be determined. | |
| 2. For the products referred to in paragraph 1, the compensatory amounts applicable in trade between the Community as at present constituted and Portugal and between Portugal and third countries shall be equal to the difference between the common prices and the prices fixed in Portugal as corrected, where appropriate, to take account of the market prices recorded in this Member State. | |
| Articles 240 (2) to (6), 241, 242 and 255 shall be applicable. | |
| Article 311 | |
| The compensatory amount for dairy products other than butter and skimmed-milk powder shall be fixed with the help of coefficients to be determined. | |
| Sub-section 2 | |
| Beef and veal | |
| A. First stage | |
| Article 312 | |
| The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the beef and veal sector, shall be as follows: | |
| (a) | elimination of the JNPP as a State body at the end of the first stage, and the liberalization of imports and exports and the progressive liberalization of domestic trade with a view to introducing a system of free competition and of free access to the Portuguese market; | |
| (b) | creation of an intervention body and formation of a material and human infrastructure to facilitate intervention operations and the appropriate training of the administrative departments, which are indispensable to the smooth functioning of the common organization of the markets in the sector in question; | |
| (c) | free formation of prices on representative markets to be established; | |
| (d) | creation of an information service on agricultural markets in order to record prices and the introduction of the Community grading scale for carcases with a view to quotation comparability; | |
| (e) | implementation of measures intended to promote the modernization of production, processing and marketing structures aiming at increasing the productivity of stock farming and better profitability for the sector; | |
| (f) | trade liberalization on the zootechnical level. | |
| B. Second stage | |
| Article 313 | |
| 1. In the beef and veal sector, Articles 240, 285 and 287 shall apply to the intervention purchasing prices in Portugal and in the Community as at present constituted, valid for comparable qualities determined on the basis of the Community grading scale for carcases of adult bovine animals. | |
| 2. Articles 241, 242 and 255 shall also apply in this sector. | |
| 3. The compensatory amount for the other products referred to in Article 1 (1) (a) of Regulation (EEC) No 805/68 shall be fixed with the help of coefficients to be determined. | |
| Article 314 | |
| Article 288 shall apply to the suckler cow herd maintenance premium. | |
| Sub-section 3 | |
| Fruit and vegetables | |
| A. First stage | |
| Article 315 | |
| 1. The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the fruit and vegetable sector, shall be as follows: | |
| (a) | elimination of the Junta Nacional das Frutas (JNF) as a State body at the end of the first stage; | |
| (b) | development of producer organizations within the meaning of the Community rules; | |
| (c) | progressive and generalized application of common quality standards; | |
| (d) | setting up an intervention body and creating a material and human infrastructure to facilitate intervention operations; | |
| (e) | free formation of prices and their daily recording on representative markets to be defined on the basis of the different products; | |
| (f) | creation of an information service on agricultural markets in order to record rates daily and the appropriate training of the administrative departments, which are indispensable to the smooth functioning of the common organization of the markets. | |
| 2. In order to encourage producers or their organizations to market products in accordance with quality standards, the Portuguese Republic shall participate during the first stage, by means of appropriate aid, in the cost of packaging and presentation of such products. | |
| Article 316 | |
| Notwithstanding Article 272 (1), the reference price applied by the Community as at present constituted with regard to Portugal shall be fixed in accordance with the provisions of Regulation (EEC) No 1035/72 in force on 31 December 1985. | |
| Any countervailing charges on the import of products from Portugal resulting from the application of Regulation (EEC) No 1035/72 shall be reduced by: | |
| — | 2 % in the first year, | |
| — | 4 % in the second year, | |
| — | 6 % in the third year, | |
| — | where appropriate, 8 % in the fourth and fifth years, | |
| following the date of accession. | |
| B. Second stage | |
| Article 317 | |
| In the fruit and vegetable sector, Article 285 shall apply to the basic price. | |
| Article 255 shall also apply in this sector. | |
| Article 318 | |
| During the second stage, a compensation mechanism shall be introduced for imports into the Community as at present constituted of those fruit and vegetables coming from Portugal for which a reference price is fixed with regard to third countries. | |
| 1. | This mechanism shall be governed by the following rules: | (a) | A comparison shall be made between an offer price of the Portuguese product, calculated in accordance with (b), and a Community offer price. This latter price shall be calculated annually: | — | on the basis of the arithmetic mean of the producer prices of each Member State of the Community as at present constituted, plus transport and packaging costs incurred by the products from the production regions to the representative consumption centres of the Community, | — | bearing in mind developments in the costs of production. | The above producer prices shall correspond to the average of the rates recorded during the three years which precede the date on which the Community offer price is fixed. | The Community offer price may not exceed the level of the reference price applied with regard to third countries. | (b) | The Portuguese offer price shall be calculated every marketing day, on the basis of the representative rates recorded or reduced to the importing-wholesale stage in the Community as at present constituted. The price for a product coming from Portugal shall be equal to the lowest representative rate or to the average of the lowest representative rates recorded for at least 30 % of the quantities of the provenance concerned marketed on all the representative markets for which rates are available. This rate or these rates shall be reduced beforehand: | — | by the customs duties calculated in accordance with (c), | — | by any correcting amount introduced in accordance with (d). | (c) | The customs duty to be deducted from the rates of the Portuguese product shall be the Common Customs Tariff duty progressively reduced each year at the beginning of the marketing year: | — | by one-fifth of its amount where the second stage lasts five years, | — | by one-seventh of its amount where the second stage lasts seven years. | However, the first reduction shall occur at the beginning of the second stage. | (d) | If the price of the Portuguese product, calculated in accordance with (b), is lower than the Community offer price referred to in (a), a corrective amount equal to the difference between these two prices shall be levied on import into the Community as at present constituted by the importing Member State. | (e) | The corrective amount shall be levied until the information ascertained shows that the price of the Portuguese product is equal to, or higher than, the Community price referred to in (a). | |
| 2. | Should the Portuguese market be disturbed as a result of imports from the Community as at present constituted, appropriate measures, which may inter alia make provision for a corrective amount to be applied according to procedures to be determined, may be decided upon with regard to imports into Portugal of those fruit and vegetables coming from the Community as at present constituted for which a reference price is fixed. | |
| Sub-section 4 | |
| Cereals | |
| A. First stage | |
| Article 319 | |
| The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the cereals sector, shall be as follows: | |
| (a) | dismantling of the marketing monopoly held by the Empresa Pública de Abastecimento de Cereais (EPAC) at the end of the first stage at the latest and the progressive liberalization of domestic trade with a view to introducing a system of free competition to the Portuguese market; | |
| (b) | progressive elimination of the import monopoly held by EPAC over a period of four years; | |
| (c) | setting up an intervention body and creating a material and human infrastructure to facilitate intervention operations; | |
| (d) | free price formation; | |
| (e) | creation of an information service on agricultural markets in order to record prices and the appropriate training of the administrative services indispensable to the smooth functioning of the common organization of markets. | |
| Article 320 | |
| 1. The Portuguese Republic shall progressively adjust, during the first four years following accession, the monopoly held by EPAC for importing and marketing cereals in Portugal so as to ensure that, on expiry of the fourth year, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. | |
| 2. To that end, the Portuguese Republic shall adapt its rules referred to in Article 261 and may, notwithstanding Article 277, apply to imports a system organized as follows: | |
| (a) | Imports of cereals into Portugal shall be carried out as a percentage of the annual quantities imported during the preceding year at the following percentages by EPAC and by private operators respectively: | Year | EPAC | Private operators | 1986 | 80 % | 20 % | 1987 | 60 % | 40 % | 1988 | 40 % | 60 % | 1989 | 20 % | 80 % | 1990 | — | 100 % | |
| (b) | The imports referred to in (a) to be carried out by private operators shall be awarded by open tender without discrimination between economic operators. | Within the framework of these invitations to tender, tenders relating to products of Community origin shall be corrected by: | — | the difference between the Community market prices and the world market price, and | — | an amount corresponding to a flat-rate preference equal to 5 ECU per tonne. | |
| (c) | If imports of products of Community origin do not represent, per year, a minimum quantity of 15 % of the total quantity of cereals imported during that year, EPAC shall buy during the following year, in the Community as at present constituted, the quantity lacking in relation to the 15 % quantity referred to above. That quantity shall then be added to the obligatory purchase of 15 % for the new year. | An intermediate estimate shall be drawn up at the end of the 1988/89 marketing year; if it appears, on the basis of this estimate, that the obligatory purchase for 1989 is unlikely to be made, the necessary measures may be adopted in order to ensure compliance with that obligation. | |
| B. Second stage | |
| Article 321 | |
| In the cereals sector, Articles 240, 285 and 287 shall apply to the intervention prices. | |
| Articles 241, 242 and 255 shall also apply in this sector. | |
| Article 322 | |
| 1. With regard to the cereals for which no intervention price is fixed, the compensatory amount applicable shall be derived from that applicable to barley, taking into consideration the relationship which exists between the threshold prices of the cereals concerned. | |
| 2. For the products referred to in Article 1 (c) of Regulation (EEC) No 2727/75 on the common organization of the market in cereals, the compensatory amount shall be derived from that applicable to the cereals to which they are related, with the help of coefficients to be determined. | |
| Article 323 | |
| Article 288 shall apply to the aid for durum wheat referred to in Article 10 of Regulation (EEC) No 2727/75. | |
| Sub-section 5 | |
| Pigmeat | |
| A. First stage | |
| Article 324 | |
| The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the pigmeat sector, shall be as follows: | |
| (a) | elimination of the JNPP as a State body at the end of the first stage, and the progressive liberalization of domestic trade, imports and exports with a view to ensuring a system of free competition and free access to the Portuguese market; | |
| (b) | creation of an intervention body and formation of a material and human infrastructure facilitating intervention operations, adapted to the new conditions of the Portuguese market; | |
| (c) | free formation of prices on representative markets to be established; | |
| (d) | creation of an information service on agricultural markets in order to record prices and the appropriate training of the administrative departments, which are indispensable to the smooth functioning of the common organization of markets; | |
| (e) | implementation of measures intended to promote the modernization of production, processing and marketing structures aiming at better profitablility for the sector; | |
| (f) | pursuit and intensification of the campaign against African swine fever and in particular the development of closed circuit production units. | |
| B. Second stage | |
| Article 325 | |
| 1. In the pigmeat sector, the compensatory amount shall be calculated on the basis of the compensatory amounts applicable for feed-grain. To that end, the compensatory amount applicable per kilogram of pig carcase shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production in the Community of a kilogram of pigmeat. | |
| However, should this amount not be representative, the provisions of Articles 240, 285 and 287 shall apply to the price of that product in Portugal and in the Community as at present constituted. | |
| 2. Articles 241, 242 and 255 shall also apply in this sector. | |
| 3. For the products other than pig carcases referred to in Article 1 (1) of Regulation (EEC) No 2759/75, the compensatory amount shall be derived from that applied in accordance with paragraphs 1 or 2, with the help of coefficients to be determined. | |
| Sub-section 6 | |
| Eggs | |
| A. First stage | |
| Article 326 | |
| The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the egg sector, shall be as follows: | |
| (a) | elimination of the JNPP as a State body at the end of the first stage, liberalization of imports and exports with a view to introducing a system of free competition and free access to the Portuguese market and the progressive liberalization of the domestic market; | |
| (b) | free price formation; | |
| (c) | creation of an information service on agricultural markets in order to record prices; | |
| (d) | implementation of measures intended to promote the modernization of production and processing structures. | |
| B. Second stage | |
| Article 327 | |
| 1. The provisions of Articles 240, 241, 242 and 255 shall apply to the egg sector subject to the following paragraphs. | |
| 2. The compensatory amount applicable per kilogram of eggs in shell shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production, in the Community, of one kilogram of eggs in shell. | |
| 3. The compensatory amount applicable per egg for hatching shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production, in the Community, of one egg for hatching. | |
| 4. For the products referred to in Article 1 (1) (b) of Regulation (EEC) No 2771/75 on the common organization of the market in eggs, the compensatory amount shall be derived from that for eggs in shell, with the help of coefficients to be determined. | |
| Sub-section 7 | |
| Poultrymeat | |
| A. First stage | |
| Article 328 | |
| The specific objectives referred to in Article 264 to be achieved by the Portuguese Republic during the first stage in the poultrymeat sector shall be the same as those indicated for eggs in Article 326. | |
| B. Second stage | |
| Article 329 | |
| 1. Articles 240, 241, 242 and 255 shall apply in the poultrymeat sector subject to the following paragraphs. | |
| 2. The compensatory amount applicable per kilogram of slaughtered poultry shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production, in the Community, of one kilogram of slaughtered poultry, differentiated on the basis of species. | |
| 3. The compensatory amount applicable to a chick shall be calculated on the basis of the compensatory amounts applicable to the quantity of feed-grain necessary for the production, in the Community, of one chick. | |
| 4. For the products referred to in Article 1 (2) (d) of Regulation (EEC) No 2777/75 on the common organization of the market in poultrymeat, the compensatory amount shall be derived from that applicable to slaughtered poultry, with the help of coefficients to be determined; | |
| Sub-section 8 | |
| Rice | |
| A. First stage | |
| Article 330 | |
| The specific objectives referred to in Article 264, to be achieved by the Portuguese Republic during the first stage in the rice sector shall be the same as those indicated for cereals in Article 319. | |
| Article 331 | |
| 1. The Portuguese Republic shall progressively adjust, during the first stage, the monopoly held by EPAC for importing and marketing rice in Portugal, so as to ensure that, on expiry of the first stage, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. | |
| 2. Article 320 shall apply mutatis mutandis to rice imports into Portugal. | |
| B. Second stage | |
| Article 332 | |
| 1. For rice, Articles 240, 285 and 287 shall apply to the intervention price for paddy rice. | |
| Articles 241, 242 and 255 shall also apply in this sector. | |
| 2. The compensatory amount for husked rice shall be that applicable to paddy rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 3. For wholly milled rice, the compensatory amount shall be that applicable to husked rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 4. For semi-milled rice, the compensatory amount shall be that applicable to wholly milled rice, converted by means of the conversion rate referred to in Article 1 of Regulation No 467/67/EEC. | |
| 5. For the products referred to in Article 1 (1) (c) of Regulation (EEC) No 1418/76 on the common organization of the markets in rice, the compensatory amount shall be derived from that applicable to the products to which they are related, with the help of coefficients to be determined. | |
| 6. The compensatory amount for broken rice shall be fixed at a level that takes into account the difference existing between the supply price in Portugal and the threshold price. | |
| Sub-section 9 | |
| Wine | |
| A. First stage | |
| Article 333 | |
| The specific objectives referred to in Article 264 to be attained by the Portuguese Republic during the first stage in the wine sector shall be the following: | |
| (a) | the abolition of the Junta Nacional do Vinho (JNV) as a State body at the end of the first stage, and the adaptation of the other public bodies in the wine sector, during the first stage, and the liberalization of domestic trade, imports and exports and the transfer of State controlled activities with regard to storage and distillation, to producers and producer associations; | |
| (b) | the progressive introduction of the arrangements for, and the control of, planting, similar to the Community arrangements and control, enabling efficient vine-planting rules to be established; | |
| (c) | the realization of a project for ampelography (the classification of vine varieties) and for synonymy (equivalence between names of varieties of vines in Portugal on the one hand and equivalence between Portuguese names and names used in the Community as at present constituted on the other), to take place before the introduction of a system of statistical surveys on areas under vines within the meaning of Community rules and the realization of specific work on the viticultural land register; | |
| (d) | the creation or transfer of distillation centres in sufficient numbers and of sufficient capacity to enable wine deliveries to be accomplished; | |
| (e) | the creation of an information service for agricultural markets entailing in particular the ascertainment of prices and a regular statistical analysis; | |
| (f) | the training of the administrative departments indispensable to the smooth running of the common organization of the market in wine; | |
| (g) | the progressive adaptation of the Portuguese price system to the Community price system; | |
| (h) | the prohibition of irrigation of wine grape vineyards and all new planting in irrigated areas; | |
| (i) | the implementation, in the context of the planting rules, of a plan to restructure and convert Portuguese vineyards in line with the objectives of the common policy on wine. | |
| Article 334 | |
| The Portuguese Republic shall take all adequate measures in order to avoid all extension, during the first stage, of the area of vineyards producing wine having a natural alcoholic strength equal to 7 % vol or less. | |
| Article 335 | |
| By derogation from the Community rules on the maximum sulphur dioxide content of wines, the Portuguese Republic shall be authorized to apply, during the first stage, to wines produced in its territory, the limits applied under the previous national arrangements. | |
| However, the Portuguese Republic shall adopt adequate measures to ensure that, during this first stage, the sulphur dioxide content is lowered progressively down to the Community levels so that these levels are respected in full as from the beginning of the second stage. | |
| Article 336 | |
| During the first stage, the Portuguese Republic shall establish, on the basis of the ampelographical and synonymical study referred to in Article 333, a classification of wine varieties for Portuguese vineyards in accordance with Article 31 of Regulation (EEC) No 337/79 and the implementing provisions of the latter Article. | |
| B. Second stage | |
| Article 337 | |
| In the wine sector, Articles 285 and 287 shall apply to the guide price of table wines. | |
| Article 338 | |
| 1. A mechanism of regulatory amounts shall be set up for imports into the Community as at present constituted of the products referred to in paragraph 2, coming from Portugal, for which reference prices are fixed in the context of the common organization of markets. | |
| 2. This mechanism shall be governed by the following rules: | |
| (a) | For table wines, a regulatory amount equal to the difference which exists between the guide prices in Portugal and in the Community as at present constituted shall be levied. However, the level of this amount may be adjusted, according to the procedure provided for in Article 67 of Regulation (EEC) No 337/79, to take account of the situation of market prices assessed in accordance with the different wine categories and on the basis of their quality. | |
| (b) | For certain wines of designated origin and for other products likely to create disturbances on the market, a regulatory amount may be fixed according to the procedure provided for under (a). This regulatory amount shall be derived from that applicable to table wines according to procedures to be determined. | |
| 3. A ceiling level shall be fixed for the regulatory amount ensuring conditions of treatment not less favourable than those in force under the arrangements prior to accession. To that end, this amount shall be calculated so that the amount obtained by increasing the guide price applicable in Portugal for the product in question by the regulatory amount and the customs duties which are applicable to it shall not exceed the reference price in force for that product during the wine-growing year in question. | |
| 4. In view of the special situation of the market in the different products referred to in paragraph 2, it may be decided, in accordance with the procedure provided for in Article 67 of Regulation (EEC) No 337/79, to fix a regulatory amount for exports of one or more of those products from the Community as at present constituted to Portugal. | |
| This amount shall be fixed at a level such as will ensure a normal pattern of trade between the Community as at present constituted and Portugal, that will not cause disturbances on the Portuguese market for the products in question. | |
| 5. The regulatory amount granted shall be financed by the Community by means of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. | |
| Article 339 | |
| Article 288 shall apply to aid for the use of grape must and concentrated grape must in making grape juice. | |
| Article 340 | |
| 1. During the second stage, the Portuguese Republic shall embark upon the elimination of the cultivation of vineyards planted with varieties temporarily authorized according to the classification established in accordance with Article 333. | |
| 2. During the second stage, the Portuguese Republic shall embark upon the elimination of the cultivation of vineyards planted with direct producer hybrids which are not included in the classification according to the provisions of Regulation (EEC) No 3800/81. | |
| Until the end of the second stage, these hybrids shall be deemed to be temporarily authorized vine varieties. | |
| 3. By way of derogation from Article 49 of Regulation (EEC) No 337/79, grapes of varieties temporarily authorized under paragraphs 1 and 2 may, until the end of the second stage, be used for making the products referred to in that Article. | |
| Article 341 | |
| Until the end of 1995, wines produced in the ‘vinho verde’ region, having an alcoholic content of less than 8,5 % vol, may circulate in bulk only in their production region. | |
| For these wines, an indication of the actual alcoholic strength must appear on the label. | |
| Section VI | |
| Other provisions | |
| Sub-section 1 | |
| Veterinary measures | |
| Article 342 | |
| With regard to the trade in fresh poultrymeat within its territory, the Portuguese Republic shall be authorized to postpone, until 31 December 1988 at the latest, the application of Directive No 71/118/EEC concerning health problems with regard to trade in fresh poultrymeat. | |
| Article 343 | |
| The Portuguese Republic shall be authorized to maintain, until 31 December 1990 at the latest, import restrictions for pure-bred breeding animals of the bovine species, where the breeds concerned do not appear on the list of breeds authorized in Portugal. | |
| Sub-section 2 | |
| Measures on seed and plant legislation | |
| Article 344 | |
| 1. The Portuguese Republic shall be authorized to postpone the application in its territory of the following Directives, in accordance with the following timetable: | |
| (a) | until 31 December 1988 at the latest, as far as the following Directives are concerned: | — | 66/401/EEC on the marketing of fodder plant seed, for the species Lolium multiflorum lam., Lolium perenne L. and Vicia sativa L.; | — | 66/402/EEC on the marketing of cereal seed, for the species Hordeum vulgare L., Oryza sativa L., Triticum aestivum L., emend. Fiori and Pool. Triticum durum desf. and Zea maïs L.; | — | 70/457/EEC on the common catalogue of varieties of species of agricultural seedlings, for the species referred to in the foregoing indents; | |
| (b) | until 31 December 1990 at the latest, as far as the following Directives are concerned: | — | 66/400/EEC on the marketing of beet seed, | — | 66/401/EEC, for the species other than those referred to in the first indent of (a), | — | 66/402/EEC, for the species other than those referred to in the second indent of (a), | — | 66/403/EEC on the marketing of seed potatoes, | — | 66/404/EEC on the marketing of forest reproductive material, | — | 68/193/EEC on the marketing of the material for the vegetative propagation of the vine, | — | 69/208/EEC on the marketing of seed of oil and fibre plants, | — | 70/457/EEC, for the species other than those referred to in the third indent of (a), | — | 70/458/EEC on the marketing of vegetable seed, | — | 71/161/EEC on external quality standards for forest reproductive material marketed within the Community. | |
| 2. The Portuguese Republic: | |
| (a) | shall take all the necessary measures to conform progressively, and at the latest on the expiry of the periods referred to in paragraph 1, with the provisions of the Directives mentioned in that paragraph; | |
| (b) | may limit, before expiry of the periods referred to in paragraph 1, either totally or in part, the marketing of seeds or seedlings to the varieties admitted for marketing in its territory. As far as the species referred to by Directives 70/457/EEC and 70/458/EEC are concerned, the varieties admitted for marketing in its territory as from 1 March 1986 shall be those appearing on the list notified in the Conference. | Throughout the periods granted to the Portuguese Republic for it to conform to the two abovementioned Directives, that Member State shall extend the list each year in such a way as to ensure that the Portuguese market is progressively opened to the other varieties entered in the common catalogues; | |
| (c) | shall export to the territory of the present Member States only those seeds and seedlings which conform with Community provisions; | |
| (d) | shall subject seeds and seedlings imported from third countries: | — | to Community conditions established on the basis of equivalence, and | — | as far as variety is concerned, at least to the same marketing restrictions as those applied to the varieties entered in the common catalogues. | |
| 3. Throughout the duration of the derogations referred to in paragraph 1, the progressive liberalization of trade in seeds and seedlings of certain species between Portugal and the Community as at present constituted may be decided upon according to the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry. This liberalization shall concern in the first instance seeds which are the subject, before accession, of a Community decision on equivalance. This liberalization shall concern other species once it appears that the conditions necessary for such liberalization have been met. | |
| Sub-section 3 | |
| Measures relating to plant health | |
| Article 345 | |
| The Portuguese Republic shall be authorized to postpone until 31 December 1990, at the latest, the application of Directive 69/465/EEC on control of potato cyst eelworm. | |
| CHAPTER 4 | |
| Fisheries | |
| Section I | |
| General provisions | |
| Article 346 | |
| 1. Unless any provision of this Chapter states otherwise, the rules laid down by this Act shall apply to the fisheries sector. | |
| 2. Articles 234 (3), 253 (c) and 257 shall apply to fishery products. | |
| Section II | |
| Access to waters and resources | |
| Article 347 | |
| For the purposes of their integration into the Community system for the conservation and management of fishery resources established by Regulation (EEC) No 170/83, access to the waters falling under the sovereignty or within the jurisdiction of the present Member States and covered by the International Council for the Exploration of the Seas (ICES) by vessels flying the flag of Portugal shall be subject to the system defined in this Section. | |
| Article 348 | |
| Only those vessels referred to in Article 349 may fish and may do so solely in the zones and under the conditions that are specified in that Article. | |
| Article 349 | |
| 1. Fishing by Portuguese vessels shall be restricted to ICES divisions V b, VI, VII, VIII a, b and d, excluding, during the period from the date of accession to 31 December 1995, the zone situated to the south of latitude 56° 30′N, to the east of longitude 12°W and to the north of latitude 50° 30′N, and within the limits and under the conditions defined in paragraphs 2, 3 and 4. | |
| 2. Fishing possibilities limited to catches of blue whiting and horse mackerel, the corresponding number of vessels and their procedures for access and control shall be fixed annually in accordance with Article 11 of Regulation (EEC) No 170/83, and for the first time before 1 January 1986. | |
| 3. In addition, fishing possibilities for species which are not subject to the total allowable catch system, hereinafter called ‘the TAC’, and the corresponding number of vessels may be determined in accordance with Article 11 of Regulation (EEC) No 170/83 on the basis of the existing situation of Portuguese fishing activities in the waters of the Community as at present constituted, throughout the period immediately preceding accession, and of the need to ensure the conservation of stocks as well as taking into account limits imposed on fishing by vessels of the present Member States in Portuguese waters for similar species. | |
| 4. The conditions for the exercice of specialized fisheries activity shall conform with those provided for fishing of the same species, in Article 160. | |
| 5. Provisions aimed at ensuring that operators comply with the rules provided for in this Article, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| The technical procedures which correspond to those referred to in the second subparagraph of Article 163 (3) shall be adopted before 1 January 1986 in accordance with the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| 6. The detailed rules for applying this Article shall be adopted before 1 January 1986, in accordance with the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| Article 350 | |
| Before 31 December 1992, the Commission shall present to the Council a report concerning the situation and prospects with regard to fishing in the Community on the basis of the application of Articles 349 and 351. On the basis of this report, the adjustments to the arrangements provided for in Articles 349 and 351 which prove to be necessary, including those relating to access to zones other than those mentioned in Article 349 (1), shall be adopted before 31 December 1993 in accordance with the procedure laid down in Article 43 of the EEC Treaty and shall take effect on 1 January 1996. | |
| Article 351 | |
| 1. Only vessels flying the flag of a present Member State, covered by this Article, may exercise their fishing activities in waters falling under the sovereignty or within the jurisdiction of the Portuguese Republic and only in the zones and under the conditions defined in accordance with the following paragraphs. | |
| 2. The number of vessels authorized to fish for pelagic species not subject to TAC and quotas other than highly migratory species, in ICES divisions IX, X and in CECAF, shall be fixed each year in accordance with Article 11 of Regulation (EEC) No 170/83 on the basis of the existing situation of fishing activities in the Community as at present constituted, in Portuguese waters, for the period immediately preceding accession and of the need to ensure stock conservation, taking account moreover of the restrictions placed on fishing by Portuguese vessels in waters of the Community as at present constituted for similar species and for the first time before 1 January 1986. | |
| The conditions for exercising specialized fishing activities shall conform to those provided for fishing of the same species in Article 160. | |
| 3. Until 31 December 1995, in ICES division X and the CECAF zone, without prejudice to paragraph 4 and on the basis of fishing practices by the present Member States during the years preceding accession, fishing for Albacore tuna shall be authorized only for a period not exceeding eight weeks, occurring between 1 May and 31 August of the year concerned, by vessels with lines not exceeding 26 metres between the perpendiculars, using exclusively troll lines. The list of authorized vessels shall be notified to the Commission by the Member States concerned at the latest on the 30th day preceding the opening of the fishing period. | |
| 4. For tropical tuna, fishing shall be limited until 31 December 1995 for ICES division X to the south of 36° 30'N and for the CECAF zone to the south of 31° N and to the north of this parallel to the west of 17°30'W. | |
| 5. The provisions aimed at ensuring that operators comply with the rules provided for in this Article, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| The technical procedures corresponding to those referred to in the second subparagraph of Article 163 (3) shall be adopted before 1 January 1986 according to the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| 6. The detailed rules for applying this Article shall be adopted before 1 January 1986 in accordance with the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| Article 352 | |
| 1. For the purpose of their integration into the Community system for the conservation and management of fishery resources established by Regulation (EEC) No 170/83, access of vessels flying the flag of Spain and listed and/or registered in a port situated in the territory to which the common fisheries policy applies to the waters falling under the sovereignty or within the jurisdiction of Portugal covered by ICES and CECAF, shall, until 31 December 1995, be subject to the system defined in paragraphs 2 to 9. | |
| 2. The following activities may be carried out by the vessels referred to in paragraph 1 as their main fishing activity: | |
| Species | Quantity (tonnes) | Zone | Authorized fishing gear | Period of fishing authorization | Total number of authorized vessels (basic list) | Number of vessels authorized to fish at the same time (periodical list) | |
| Demersal species | 850 | | | | |
| — Hake | | ICES IX + CECAF (mainland coast) | Trawl | Year round | North of the Peniche parallel (Cabo Carvoeiro): 17 | South of the Peniche parallel (Cabo Carvoeiro): 4 | North of the Peniche parallel (Cabo Carvoeiro): 9 | South of the Peniche parallel (Cabo Carvoeiro): 2 | |
| — Others | | ICES IX + CECAF (mainland coast) | Trawl | Year round | |
| Pelagic species | 2 250 | | | | |
| — Horse mackerel | | ICES IX + CECAF (mainland coast) | Trawl | Year round | | | |
| — Large migrants other than tuna (sword fish, blue shark, Ray's bream) | | ICES IX + CECAF (mainland coast) | Surface long line | Year round | | North of the Peniche parallel (Cabo Carvoeiro): 75 | South of the Peniche parallel (Cabo Carvoeiro): 15 | |
| — Albacore tuna | | ICES IX + CECAF (mainland coast) | Troll line | From May to July | | To be decided | |
| 3. The use of gill nets shall be prohibited. | |
| 4. Each long liner may not cast more than two long lines per day: the maximum length of each of these long lines shall be fixed at 20 nautical miles; the distance between hooks may not be less than 2,70 metres. | |
| 5. Fishing for crustaceans shall not be authorized. However, catches shall be permitted when fishing directed at hake and other demersal species is carried out up to a limit of 10 % of the volume of catches of these species held on board. | |
| 6. The number of vessels authorized to fish for Albacore tuna shall be decided upon before 1 March 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| 7. The possibilities and conditions of access to the waters falling under the sovereignty and within the jurisdiction of Portugal in ICES division X and in the CECAF zone shall be adopted according to the procedure laid down in Article 155 (3). | |
| 8. The technical procedures for applying this Article shall be adopted, by analogy with those contained in Annex XI, before 1 January 1986 in accordance with the procedure provided for in Article 14 of Regulation (EEC) No 170/83. | |
| 9. The provisions aimed at ensuring that operators comply with the rules provided for in this Article, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period, shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation (EEC) No 170/83. | |
| Article 353 | |
| The arrangements defined in Articles 347 and 350, including the adjustments which the Council will be able to adopt pursuant to Article 350, shall remain in force until the date of expiry of the period laid down in Article 8 (3) of Regulation (EEC) No 170/83. | |
| Section III | |
| External resources | |
| Article 354 | |
| 1. Upon accession, the administration of fisheries agreements concluded by the Portuguese Republic with third countries shall be responsibility of the Community. | |
| 2. The rights and obligations flowing from the agreements referred to in the first paragraph for the Portuguese Republic shall not be affected during the period for which the provisions of such agreements are provisionally maintained. | |
| 3. As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, the decisions appropriate for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council, acting by a qualified majority on a proposal from the Commission, including the possibility of prolonging certain agreements for periods not exceeding one year. | |
| Article 355 | |
| 1. Exemptions, suspensions or tariff quotas granted by the Portuguese Republic for fresh fishery products originating in Morocco and coming from joint fisheries ventures set up between natural or legal persons from Portugal and Morocco, when they are landed directly in Portugal, shall be eliminated on 31 December 1992 at the latest. | |
| 2. Products imported under these arrangements may not be considered as being in free circulation within the meaning of Article 10 of the EEC Treaty when they are re-exported to another Member State. | |
| 3. Only the products referred to in paragraph 1 from joint Portuguese-Moroccan ventures and vessels operated by such ventures, a list of which is given in Annex XXVII, may benefit from the measures laid down in this Article. | |
| The vessels concerned may in no event be replaced in the case of sale, disappearance or scrapping. | |
| 4. The detailed rules for the implementation of this Article shall be adopted in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81. | |
| Section IV | |
| Common organization of markets | |
| Article 356 | |
| 1. The guide prices applicable to Atlantic sardines in Portugal, on the one hand, and in the Community as at present constituted, on the other, shall be the subject of a move towards alignment in accordance with paragraph 2, the first move towards alignment taking place on 1 March 1986. | |
| 2. The guide prices applicable in Portugal, on the one hand, and in the Community as at present constituted, on the other, shall be the subject of alignment, in 10 annual stages, towards the level of the guide price for Mediterranean sardines, on the basis of 1984 prices, successively by a tenth, a ninth, an eighth, a seventh, a sixth, a fifth, a quarter, a third and half of the difference between these guide prices applicable before each move towards alignment; the prices resulting from this calculation shall be modulated proportionately on the basis of any adjustment to the guide price for the next fishing year; the common price shall be applied from the date of the tenth move towards alignment. | |
| Article 357 | |
| 1. During the period of moves towards price alignment referred to in Article 356, a monitoring system shall be introduced based on the reference prices applicable to imports of Atlantic sardines into the Community, as at present constituted, from Portugal. | |
| 2. At each stage of price alignment, the reference prices referred to in paragraph 1 shall be fixed at the level of withdrawal prices applicable in the other Member States for Mediterranean sardines. | |
| 3. Should the market be disturbed as a result of imports referred to in paragraph 1 being made at prices lower than the reference prices, analogous measures to those laid down in Article 21 of Regulation (EEC) No 3796/81 may be taken in accordance with the procedure laid down in Article 33 of the said Regulation. | |
| 4. The detailed implementing rules of this Article shall be adopted in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81. | |
| Article 358 | |
| 1. Upon accession, a compensatory indemnity system shall be introduced for sardine producers of the Community, as at present constituted, in relation with the specific price alignment system applicable to that species under Article 356. | |
| 2. Before the end of the period of price alignment, the Council, acting by a qualified majority on a proposal from the Commission, shall decide if and, where appropriate, to what extent the system referred to in this Article shall be prolonged. | |
| 3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt, before 31 December 1985, the detailed rules for implementing this Article. | |
| Article 359 | |
| During the period of price alignment, the conversion factors applicable in 1984 to sardines, provided for in Article 12 (1) of Regulation (EEC) No 3796/81, shall not be amended. | |
| Section V | |
| Regime applicable to trade | |
| Article 360 | |
| 1. By way of derogation from Article 190, customs duties applicable to fishery products falling within heading Nos 03.01, 03.02, 03.03, 16.04 and 16.05 and subheadings 05.15 A and 23.01 B of the Common Customs Tariff shall be progressively abolished in accordance with the following timetable: | |
| (a) | With regard to products imported into the other Member States of the Community from Portugal: | — | on 1 March 1986, each duty shall be reduced to 85,7 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 71,4 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 57,1 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 42,8 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 28,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 14,2 % of the basic duty, | — | the last reduction of 14,2 % shall be made on 1 January 1992. | |
| (b) | With regard to products imported into Portugal from the other Member States of the Community: | — | on 1 March 1986, each duty shall be reduced to 87,5 % of the basic duty, | — | on 1 January 1987, each duty shall be reduced to 75 % of the basic duty, | — | on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty, | — | on 1 January 1989, each duty shall be reduced to 50 % of the basic duty, | — | on 1 January 1990, each duty shall be reduced to 37,5 % of the basic duty, | — | on 1 January 1991, each duty shall be reduced to 25 % of the basic duty, | — | on 1 January 1992, each duty shall be reduced to 12,5 % of the basic duty, | — | the last reduction of 12,5 % shall be made on 1 January 1993. | |
| 2. Notwithstanding paragraph 1, customs duties on imports applicable to prepared or preserved sardines, falling within subheading 16.04 D of the Common Customs Tariff, between Portugal and the other Member States of the Community, shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 90,9 % of the basic duty, | |
| — | on 1 January 1987, each duty shall be reduced to 81,8 % of the basic duty, | |
| — | on 1 January 1988, each duty shall be reduced to 72,7 % of the basic duty, | |
| — | on 1 January 1989, each duty shall be reduced to 63,6 % of the basic duty, | |
| — | on 1 January 1990, each duty shall be reduced to 54,5 % of the basic duty, | |
| — | on 1 January 1991, each duty shall be reduced to 45,4 % of the basic duty, | |
| — | on 1 January 1992, each duty shall be reduced to 36,3 % of the basic duty, | |
| — | on 1 January 1993, each duty shall be reduced to 27,2 % of the basic duty, | |
| — | on 1 January 1994, each duty shall be reduced to 18,1 % of the basic duty, | |
| — | on 1 January 1995, each duty shall be reduced to 9 % of the basic duty, | the last reduction of 9 % shall be made on 1 January 1996. | |
| 3. Notwithstanding paragraph 1, customs duties on imports in the Member States of the Community from Portugal for fresh, chilled or frozen sardines falling within subheading 03.01 B I d) of the Common Customs Tariff and prepared or preserved tuna and anchovies falling within subheadings 16.04 E and 16.04 ex F of the Common Customs Tariff, shall be progressively abolished in accordance with the following timetable: | |
| — | on 1 March 1986, each duty shall be reduced to 87,5 % of the basic duty, | |
| — | on 1 January 1987 each duty shall be reduced to 75 % of the basic duty, | |
| — | on 1 January 1988 each duty shall be reduced to 62,5 % of the basic duty, | |
| — | on 1 January 1989 each duty shall be reduced to 50 % of the basic duty, | |
| — | on 1 January 1990 each duty shall be reduced to 37,5 % of the basic duty, | |
| — | on 1 January 1991 each duty shall be reduced to 25 % of the basic duty, | |
| — | on 1 January 1992 each duty shall be reduced to 12,5 % of the basic duty, | |
| — | the last reduction of 12,5 % shall be made on 1 January 1993. | |
| 4. Notwithstanding Article 197, the Portuguese Republic shall, for the fishery products referred to in paragraph 1, alter its tariff applicable to third countries by reducing the variation between the basic duties and the Common Customs Tariff duties in accordance with the following detailed rules: | |
| — | From 1 March 1986, the Portuguese Republic shall apply a duty reducing by 12,5 % the variation between the basic duty and that of the Common Customs Tariff. | |
| — | From 1 January 1987: | (a) | for tariff headings for which the basic duties do not vary by more than 15 % either above or below the Common Customs Tariff duties, these latter duties shall apply; | (b) | in the other cases, the Portuguese Republic shall apply a duty reducing the variation between the basic duties and the Common Customs Tariff duties in seven equal instalments of 12,5 % on the following dates: | — | 1 January 1987, | — | 1 January 1988, | — | 1 January 1989, | — | 1 January 1990, | — | 1 January 1991, | — | 1 January 1992. | The Portuguese Republic shall apply the Common Customs Tariff in its entirety from 1 January 1993. | |
| Article 361 | |
| 1. Until 31 December 1992, imports into Portugal of products appearing in Annex XXVIII (a) from other Member States shall be subject to a supplementary trade mechanism defined in this Article. | |
| 2. Furthermore, until 31 December 1990, imports into Portugal of the products appearing in Annex XXVIII (b) from Spain shall be subject to the mechanism referred to in paragraph 1. | |
| 3. A forward supply estimate for Portugal shall be established for each product concerned before the beginning of each year on the basis of imports made over the three preceding years. This estimate shall show not only imports from the other Member States but also those from third countries. The intra-Community share in this estimate shall be increased each year by a progressive factor of 15 %. | |
| 4. Beyond the threshold of the intra-Community share, measures limiting or suspending imports may be taken. | |
| 5. Beyond the threshold fixed for the overall supply estimate the Portuguese Republic may take interim protective measures that are immediately applicable, such measures shall be notified without delay to the Commission which may suspend their application in the month following that notification. | |
| 6. The detailed implementing rules shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Article 362 | |
| During the period of progressive elimination of customs duties between the Community as at present constituted and Portugal, the following products coming from Portugal may be imported annually into the Community, as at present constituted, with the Common Customs Tariff duties being entirely suspended up to the limits indicated hereafter: | |
| CCT heading No | Description | Quantities (tonnes) | |
| 16.04 | Prepared or preserved fish, including caviar and caviar substitutes: | | |
| D. Sardines | 5 000 | |
| E. Tunny | 1 000 | |
| ex F. Bonito (Sarda spp.), mackerel and anchovies: | — | Mackerel | 1 000 | |
| Article 363 | |
| 1. Until 31 December 1992, the Portuguese Republic may maintain with regard to third countries the quantitative restrictions for the product appearing in Annex XXIX, within the limits and the procedures defined by the Council acting by a qualified majority on a proposal from the Commission. | |
| 2. The Community reference price mechanism shall apply to each product once the quantitative restrictions referring thereto are abolished. | |
| CHAPTER 5 | |
| External relations | |
| Section I | |
| Common commercial policy | |
| Article 364 | |
| 1. The Portuguese Republic shall retain, with regard to third countries, quantitative restrictions on imports of products not yet liberalized with regard to the Community as at present constituted. It shall not grant to third countries any other advantage in relation to the Community as at present constituted with respect to the quotas fixed for those products. | |
| These quantitative restrictions shall remain in force for at least such time as quantitative restrictions obtain for the same products with regard to the Community as at present constituted. | |
| 2. The Portuguese Republic shall retain, with regard to the State-trading countries referred to in Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83, quantitative restrictions on imports for products not yet liberalized with regard to countries to which Regulation (EEC) No 288/82 applies. It shall not grant the State-trading countries any other advantage in relation to the countries to which Regulation (EEC) No 288/82 applies with regard to the quotas fixed for those products. | |
| These quantitative restrictions shall remain in force for at least such time as quantitative restrictions obtain for the same products with regard to the countries referred to in Regulation (EEC) No 288/82. | |
| Any amendments to the import arrangements in Portugal for products which are not liberalized by the Community, with regard to State-trading countries, must be made in accordance with the rules and procedures laid down in Regulation (EEC) No 3420/83, and without prejudice to the first subparagraph. | |
| The Portuguese Republic is not, however, required to reintroduce, with regard to State-trading countries, quantitative restrictions on imports for products liberalized with regard to those countries and which are still subject to quantitative restrictions with regard to member countries of the General Agreement on Tariffs and Trade. | |
| 3. Until 31 December 1992, the Portuguese Republic may retain, without prejudice to paragraphs 1 and 2, quantiative restrictions on imports in the form of quotas for the products and amounts listed in Annex XXX as temporary derogations from the common liberalization lists for imports contained in Regulations (EEC) No 288/82, (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3419/83, as amended by Regulation (EEC) No 453/84, provided that, as far as the countries which are members of the General Agreement on Tariffs and Trade are concerned, these restrictions have been notified, before accession, in the context of that Agreement. | |
| Imports of those products shall be subject in their entirety to the common liberalization lists in force on 1 January 1993. The quotas shall be progressively increased until that date, in accordance with paragraph 4. | |
| 4. The minimum rate of progressive increase of quotas referred to in paragraph 3 shall be 25 % at the beginning of each year for quotas expressed in ECU and 20 % at the beginning of each year for quotas expressed in terms of volume. The increase shall be added to each quota and the following increase calculated on the total figure obtained. | |
| Without prejudice to paragraphs 1 and 2, if, while the transitional measures are being applied, imports made in the course of two consecutive years are less than 90 % of the annual quotas opened in accordance with paragraph 3, the Portuguese Republic shall abolish the quantitative restrictions in force. | |
| 5. The Portuguese Republic shall retain quantitative restrictions on imports in the form of quotas with respect to all third countries for the products listed in Protocol 23 which are not liberalized by the Community with regard to third countries and for which it retains quantitative restrictions on imports with regard to the Community as at present constituted, in respect of the amounts and at least until the dates laid down in that Protocol. | |
| Any amendment to the import arrangements in Portugal for products referred to in the first subparagraph shall be made in accordance with the rules and procedures laid down by Regulations (EEC) No 288/82 and (EEC) No 3420/83 and without prejudice to paragraphs 1 and 2. | |
| 6. In order to comply with the obligations which devolve upon the Community under the General Agreement on Tariffs and Trade with regard to State-trading countries that are members of that Agreement, the Portuguese Republic shall, where appropriate and in so far as is necessary, extend to the said countries the liberalizing measures it must take with regard to the other third country members of the Agreement, while taking into account agreed transitional measures. | |
| Article 365 | |
| 1. From 1 March 1986, the Portuguese Republic shall apply the generalized preference system for products other than those listed in Annex II to the EEC Treaty. However, as regards the products listed in Annex XXXI, the Portuguese Republic shall progressively align itself by 31 December 1992 on the rates of the generalized preference system starting from the basic duties referred to in Article 189 (2). The timetable of these alignments shall be the same as that referred to in Article 197. | |
| 2. | (a) | As far as the products listed in Annex II to the Treaty are concerned, the preferential rates provided for or calculated shall be applied progressively to the duties actually levied by the Portuguese Republic with regard to third countries, following the general procedures referred to under (b) or the special procedures referred to in Articles 289 and 295. | (b) | The Portuguese Republic shall apply, as from 1 March 1986, a duty which reduces the variation between the rate of the basic duty and the rate of the preferential duty in accordance with the following timetable: | — | on 1 March 1986, the variation shall be reduced to 90,9 % of the original variation, | — | on 1 January 1987, the variation shall be reduced to 81,8 % of the original variation, | — | on 1 January 1988, the variation shall be reduced to 72,7 % of the original variation, | — | on 1 January 1989, the variation shall be reduced to 63,6 % of the original variation, | — | on 1 January 1990, the variation shall be reduced to 54,5 % of the original variation, | — | on 1 January 1991, the variation shall be reduced to 45,4 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 36,3 % of the original variation, | — | on 1 January 1993, the variation shall be reduced to 27,2 % of the original variation, | — | on 1 January 1994, the variation shall be reduced to 18,1 % of the original variation, | — | on 1 January 1995, the variation shall be reduced to 9,0 % of the original variation. | The Portuguese Republic shall apply the preferential rates in full as from 1 January 1996. | (c) | By way of derogation from point (b), for fisheries products falling within heading Nos 03.01, 03.02, 03.03, 16.04 and 16.05 and subheadings 05.15 A and 23.01 B of the Common Customs Tariff, the Portuguese Republic shall apply, as from 1 March 1986, a duty reducing the variation between the rate of the basic duty and the rate of the preferential duty according to the following system: | — | on 1 March 1986, the variation shall be reduced to 87,5 % of the original variation, | — | on 1 January 1987, the variation shall be reduced to 75,0 % of the original variation, | — | on 1 January 1988, the variation shall be reduced to 62,5 % of the original variation, | — | on 1 January 1989, the variation shall be reduced to 50,0 % of the original variation, | — | on 1 January 1990, the variation shall be reduced to 37,5 % of the original variation, | — | on 1 January 1991, the variation shall be reduced to 25,0 % of the original variation, | — | on 1 January 1992, the variation shall be reduced to 12,5 % of the original variation. | The Portuguese Republic shall apply the preferential rates in full as from 1 January 1993. | |
| Section II | |
| Agreements of the Communities with certain third countries | |
| Article 366 | |
| 1. As from 1 January 1986, the Portuguese Republic shall apply the provisions of the agreements referred to in Article 368. | |
| The transitional measures and any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those agreements. | |
| 2. These transitional measures shall be designed to ensure, after their expiry, the application by the Community of a single system for its relations with the co-contracting third countries as well as the identity of the rights and obligations of the Member States. | |
| 3. These transitional measures applicable to the countries listed in Article 368 shall not, in any field, result in the Portuguese Republic granting them more favourable treatment than will apply to the Community as at present constituted. | |
| In particular, all products subject to transitional measures in respect of quantitative restrictions applicable to the Community as at present constituted shall be subject to such measures vis-à-vis all the countries listed in Article 368, and for an identical period of time subject to any specific derogations. | |
| 4. These transitional measures applicable to the countries listed in Article 368 shall not result in the Portuguese Republic giving less favourable treatment to those countries than to other third countries. In particular, transitional measures in respect of quantitative restrictions cannot be envisaged for the countries listed in Article 368 in respect of products which will be free of such restrictions when imported into Portugal from other third countries. | |
| Article 367 | |
| If the protocols referred to in Article 366 (1) are not, for reasons outside the control of the Community or the Portuguese Republic, concluded by 1 January 1986, the Community shall take the necessary measures to deal with this situation on accession. | |
| In any case, most favoured-nation treatment shall be applied as from 1 January 1986 by the Portuguese Republic to the countries listed in Article 368. | |
| Article 368 | |
| 1. Articles 366 and 367 shall apply to: | |
| — | the Agreements concluded with Algeria, Austria, Cyprus, Egypt, Finland, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Norway, Sweden, Switzerland, Syria, Tunisia, Turkey and Yugoslavia, and to other Agreements concluded with third countries and concerning exclusively trade in the products of Annex II of the EEC Treaty. | |
| — | the new Agreement between the Community and the African, Caribbean and Pacific countries, signed on 8 December 1984. | |
| 2. The agreements resulting from the Second ACP-EEC Convention and the Agreement on products within the province of the European Coal and Steel Community, signed on 31 October 1979, shall not apply in relations between the Portuguese Republic and the African, Caribbean and Pacific States. | |
| Article 369 | |
| The Portuguese Republic shall withdraw, with effect from 1 January 1986, from the Convention establishing the European Free Trade Association signed on 4 January 1960. | |
| Section III | |
| Textiles | |
| Article 370 | |
| 1. As from 1 January 1986, the Portuguese Republic shall apply the Arrangement of 20 December 1973 regarding International Trade in Textiles as well as the bilateral agreements concluded by the Community under that Arrangement, or with other third countries. Protocols of adjustment of these agreements shall be negotiated by the Community with third countries, that are parties to the agreements, in order to provide for voluntary restraint on exports to Portugal in the case of products and origins for which there are limitations on exports to the Community. | |
| 2. Should these protocols not have been concluded by 1 January 1986, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community. | |
| CHAPTER 6 | |
| Financial provisions | |
| Article 371 | |
| 1. The Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources, hereinafter referred to as ‘the Decision of 21 April 1970’, shall be applied in accordance with Articles 372 to 375. | |
| 2. Any reference to the Decision of 21 April 1970 made in the Articles of this Chapter shall be understood as referring to the Council Decision of 7 May 1985 on the Communities' system of own resources, as from the entry into force of that Decision. | |
| Article 372 | |
| The revenue designated as ‘agricultural levies’ referred to in the first paragraph of Article 2 (a), of the Decision of 21 April 1970 shall also include the revenue from any amount recorded on import in trade between Portugal and the other Member States and between Portugal and third countries under Articles 233 to 345, 210 (3) and 213. | |
| However, that revenue shall include only from the beginning of the second stage the levies and other amounts referred to in the preceding paragraph, recorded for products subject to transitional arrangements by stages under Articles 309 to 341. | |
| Notwithstanding the provisions of the preceding paragraph, the Council, acting unanimously on a proposal from the Commission, may decide before the end of the first stage to refund to Portugal, within the limits and in accordance with procedures to be defined and for a period not exceeding two years, revenue from ‘accession’ compensatory amounts applied by Portugal to imports of cereals from the other Member States. | |
| Article 373 | |
| The revenue designated as ‘customs duties’ referred to in the first paragraph of Article 2 (b) of the Decision of 21 April 1970 shall include, until 31 December 1992, customs duties calculated as if the Portuguese Republic applied, from accession, in trade with third countries the rates resulting from the Common Customs Tariff and the reduced rates resulting from any tariff preference applied by the Community. For the customs duties relating to oilseeds and oleaginous fruits and products derived therefrom, falling within Regulation No 136/66/EEC, and for the agricultural products subject to transitional arrangements by stages under Articles 309 to 341, the same rule shall apply until 31 December 1995. | |
| However, this revenue shall not include, during the first stage, the customs duties imposed on agricultural products imported into Portugal and subject to the transitional arrangements by stages under Articles 309 to 341. | |
| Where the provisions adopted by the Commission under Article 210 (3) of this Act are applied, and by way of derogation from the first subparagraph, the customs duties shall correspond to the amount calculated in accordance with the rate of the compensatory levy fixed by those provisions for third-country products incorporated in the manufacture. | |
| The Portuguese Republic shall make a monthly calculation of these customs duties on the basis of customs declarations of a single month. The calculation thus obtained for the customs duties on the basis of recordings during the month in question shall be made available to the Commission under the conditions defined in Regulation (EEC, Euratom, ECSC) No 2891/77. | |
| As from 1 January 1993, the total amount of the customs duties recorded shall be due in its entirety. However, with regard to the products referred to in Articles 309 to 341 subject to transitional arrangements by stages, and with regard to oilseeds and oleaginous fruit and products derived therefrom, falling within Regulation 136/66/EEC, the total amount of those duties shall be due in its entirety from 1 January 1996. | |
| Article 374 | |
| The amount of duties established under own resources accruing from value added tax or from financial contributions based upon the gross national product pursuant to Article 4 (1) to (5) of the Decision of 21 April 1970 shall be due in its entirety as from 1 January 1986. | |
| The derogation referred to in point 15 of Article 15 of Sixth Council Directive 77/388/EEC shall not affect the amount of duties due under the first paragraph. | |
| The Community shall refund to the Portuguese Republic, as an item of expenditure under the general budget of the European Communities, during the month following its availability to the Commission, a proportion of the amount of payments under own resources accruing from value added tax or from financial contributions based on the gross national product in accordance with the following procedure: | |
| — | 87 % in 1986, | |
| — | 70 % in 1987, | |
| — | 55 % in 1988, | |
| — | 40 % in 1989, | |
| — | 25 % in 1990, | |
| — | 5 % in 1991. | |
| The percentage of this graduated refund shall not apply to the amount corresponding to the share borne by Portugal in financing the deduction provided for in Article 3 (3) (b), (c) and (d) of the Council Decision of 7 May 1985 on the Communities' system of own resources, in favour of the United Kingdom. | |
| Article 375 | |
| In order to prevent the Portuguese Republic from bearing the cost of reimbursement of advances granted to the Community by its Member States before 1 January 1986, the Portuguese Republic shall benefit from financial compensation in respect of that reimbursement. | |
| CHAPTER 7 | |
| Other provisions | |
| Article 376 | |
| Notwithstanding Article 60 of the ECSC Treaty and its implementing provisions, Portuguese steel undertakings may apply, in the autonomous regions of the Azores and Madeira, until 31 December 1992, a cif port of destination price equal to a basing price in force on the mainland territory of the Portuguese Republic. | |
| Article 377 | |
| The Portuguese Republic may, until 31 December 1992, derogate from the provisions of Article 95 of the EEC Treaty with regard to excise duties on manufactured tobacco produced in the autonomous regions of the Azores and Madeira, under the conditions defined in Annex XXXII for the application of Council Directive 72/464/EEC of 19 December 1972. | |
| TITLE IV | |
| OTHER PROVISIONS | |
| Article 378 | |
| 1. The Acts listed in Annex XXXII to this Act shall apply in respect of the new Member States under the conditions laid down in that Annex. | |
| 2. At the duly substantiated request of the Kingdom of Spain or the Portuguese Republic, the Council, acting unanimously on a proposal from the Commission, may, before 1 January 1986, take measures consisting of temporary derogations from acts of the institutions of the Communities adopted between 1 January 1985 and the date of signature of this Act. | |
| Article 379 | |
| 1. If, before 31 December 1992, the difficulties arise which are serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area, a new Member State may apply for authorization to take protective measures in order to rectify the situation and adjust the sector concerned to the economy of the common market. | |
| In the same circumstances, any present Member State may apply for authorization to take protective measures with regard to one or both of the new Member States. | |
| This provision shall apply until 31 December 1995 for products or sectors in respect of which this Act allows transitional derogations of equivalent duration. | |
| 2. On application by the State concerned, the Commission shall, by emergency procedures, determine the protective measures which it considers necessary specifying the circumstances and the manner in which they are to be put into effect. | |
| In the event of serious economic difficulties and at the express request of the Member State concerned, the Commission shall act within five working days of the receipt of the request, accompanied by the relevant background information. The measures thus decided on shall be applicable forthwith. | |
| In the agricultural and fisheries sector, without prejudice to the provisions of Chapter 3 of Titles II and III, where trade between the Community as at present constituted and one or other new Member State or between them causes or threatens to cause serious disturbances on the market of a Member State, the Commission shall act upon a request by the Member State concerned for the application of such protective measures as it considers necessary within 24 hours of receiving such request. The measures thus decided on shall be applicable forthwith and shall take account of the interests of all parties concerned and, in particular, transport problems. | |
| 3. The measures authorized under paragraph 2 may involve derogations from the rules of the EEC Treaty and the ECSC Treaty, and of this Act to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in paragraph 1. Priority shall be given to such measures as will least disturb the functioning of the common market. | |
| 4. If difficulties rise which are serious and liable to persist in the employment market of the Grand Duchy of Luxembourg, that State may apply for authorization, in accordance with the procedure set out in the first and second subparagraphs of paragraph 2 and under the conditions defined in paragraph 3, to apply provisionally until 31 December 1995 protective measures within the framework of national provisions governing change in employment, with regard to workers who are nationals of a new Member State allowed to immigrate to the Grand Duchy after the date of that authorization with a view to taking up employment there. | |
| Article 380 | |
| 1. If, before the expiry of the period of application of the transitional measures laid down under this Act for each case, the Commission, on application by a Member State or by any other interested party and in accordance with rules of procedure to be adopted upon accession by the Council acting by a qualified majority on a proposal from the Commission, finds that dumping is being practised between the Community as at present constituted and the new Member States or between the new Member States, it shall address recommendations to the person or persons with whom such practices originate for the purpose of putting an end to them. | |
| Should the practices continue, the Commission shall authorize the injured Member State or States to take protective measures, the conditions and details of which the Commission shall determine. | |
| 2. For the application of this Article to the products listed in Annex II to the EEC Treaty, the Commission shall evaluate all relevant factors, in particular the level of prices at which these products are imported into the market in question from elsewhere, account being taken of the provisions of the EEC Treaty relating to agriculture and in particular Article 39. | |
| 3. The measures adopted before accession under Regulation (EEC) No 2176/84 and Decision 2177/84/ECSC) with regard to the new Member States, and those adopted before accession under the anti-dumping legislation of the new Member States with regard to the Community as at present constituted, shall remain provisionally in force and shall be re-examined by the Commission which shall decide whether to amend or repeal them. Such amendment or repeal shall be implemented by the Commission or the national authorities concerned, as the case may be. Proceedings instituted before accession in Spain, Portugal or in the Community as at present constituted shall be pursued in accordance with the provisions of paragraph 1. | |
| PART FIVE | |
| PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT | |
| TITLE I | |
| SETTING UP OF THE INSTITUTIONS | |
| Article 381 | |
| The Assembly shall meet no later than one month after the accession. It shall make such adaptations to its rules of procedure as are rendered necessary by that accession. | |
| Article 382 | |
| The Council shall make such adaptations to its rules of procedure as are rendered necessary by accession. | |
| Article 383 | |
| 1. Upon accession, the Commission shall be enlarged by the appointment of three supplementary members and the designation of a sixth vice-president from among the members of the enlarged Commission. The term of office of the members appointed shall expire at the same time as that of the members holding office on the date of accession. | |
| The term of office of the sixth vice-president appointed shall expire on the same date as that of the five other vice-presidents. | |
| 2. Before 31 December 1986, the Council shall examine for the first time whether the fourth subparagraph of Article 14 of the Treaty establishing a single Council and a single Commission of the European Communities should be applied. | |
| 3. The Commission shall make those changes to its rules of procedure which are rendered necessary as a result of accession. | |
| Article 384 | |
| 1. Upon accession, two judges shall be appointed to the Court of Justice. | |
| 2. The term of office of one of the judges appointed in accordance with paragraph 1 shall expire on 6 October 1988. That judge shall be chosen by lot. The term of office of the other judge shall expire on 6 October 1991. | |
| 3. Upon accession, a sixth advocate-general shall be appointed. His term of office shall expire on 6 October 1988. | |
| 4. The Court shall make such adaptations to its rules of procedure as are rendered necessary by the accession. The rules of procedure as adapted shall require the unanimous approval of the Council. | |
| 5. In order to try cases pending before the Court on 1 January 1986 in respect of which oral proceedings have started before that date, the full Court or the Chambers shall be composed as before the accession and shall apply the rules of procedure in force on 31 December 1985. | |
| Article 385 | |
| Upon accession, the Court of Auditors shall be enlarged by the appointment of two additional members. The term of office of the members so appointed shall expire on 17 October 1987. | |
| Article 386 | |
| Upon accession, the Economic and Social Committee shall be enlarged by the appointment of 33 members representing the various categories of economic and social activity in the new Member States. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession. | |
| Article 387 | |
| Upon accession, the Consultative Committee of the European Coal and Steel Community shall be enlarged by the appointment of additional members. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession. | |
| Article 388 | |
| Upon accession, the Scientific and Technical Committee shall be enlarged by the appointment of five additional members. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession. | |
| Article 389 | |
| Upon accession, the Monetary Committee shall be enlarged by the appointment of members representing the new Member States. Their terms of office shall expire at the same time as those of the members in office at the time of accession. | |
| Article 390 | |
| Adaptations to the rules of the Committees established by the original Treaties and to their rules of procedure, necessitated by the accession, shall be made as soon as possible after accession. | |
| Article 391 | |
| 1. The terms of office of the new members of the Committees listed in Annex XXXIII shall expire at the same time as those of the members in office at the time of accession. | |
| 2. Upon accession, the membership of the Committees listed in Annex XXXIV shall be completely renewed. | |
| TITLE II | |
| APPLICABILITY OF THE ACTS OF THE INSTITUTIONS | |
| Article 392 | |
| Upon accession, the new Member States shall be considered as being addressees of and as having received notification of Directives and Decisions within the meaning of Article 189 of the EEC Treaty and of Article 161 of the Euratom Treaty, and of recommendations and decisions within the meaning of Article 14 of the ECSC Treaty, provided that those directives, recommendations and decisions have been notified to all the present Member States. | |
| Article 393 | |
| The application in each of the new Member States of the acts listed in Annex XXXV to this Act shall be postponed until the dates specified in that list. | |
| Article 394 | |
| 1. The following shall be postponed until 1 March 1986: | |
| (a) | the application to the new Member States of the Community rules introduced for the production of and trade in agricultural products and for the trade in certain goods resulting from the processing of agricultural products subject to special arrangements; and | |
| (b) | the application to the Community as at present constituted of amendments made to those rules by this Act, including those resulting from Article 396. | |
| 2. Paragraph 1 shall not apply to the adjustments to the acts of the Community institutions falling within the common agricultural policy which will be effected, in accordance with Article 396, with a view to determining the number of votes which shall express, on accession, the qualified majority within the framework of the procedure of Management Committees or other similar Committees set up in the sphere of agriculture. | |
| 3. The arrangements applicable to trade between a new Member State on the one hand, and the Community as at present constituted, the other new Member State or third countries, on the other hand shall, until 28 February 1986, be those that applied before accession. | |
| Article 395 | |
| The new Member States shall put into effect the measures necessary for them to comply, from the date of accession, with the provisions of Directives and Decisions within the meaning of Article 189 of the EEC Treaty and of Article 161 of the Euratom Treaty, and with recommendations and decisions within the meaning of Article 14 of the ECSC Treaty, unless a time limit is provided for in the list of Annex XXXVI or in any other provisions of this Act. | |
| Article 396 | |
| 1. Adaptations to the acts of the institutions of the Communities not included in this Act or its Annexes, made by the institutions before accession, in accordance with the procedure set out in paragraph 2 to bring those acts into line with the provisions of this Act, in particular those of Part Four, shall enter into force as from the accession. | |
| 2. The Council, acting by a qualified majority on a proposal from the Commission, or the Commission, according to which of these two institutions adopted the original acts, shall to this end draw up the necessary texts. | |
| Article 397 | |
| The texts of the acts of the institutions of the Communities adopted before the accession and drawn up by the Council or the Commission in the Spanish and Portuguese language shall, from the date of accession, be authentic under the same conditions as the texts drawn up in the present seven languages. They shall be published in the Official Journal of the European Communities if the texts in the present languages were so published. | |
| Article 398 | |
| Agreements, Decisions and concerted practices in existence at the time of accession which come within the scope of Article 65 of the ECSC Treaty by reason of the accession must be notified to the Commission within three months of accession. Only Agreements and Decisions which have been notified shall remain provisionally in force until a Decision has been taken by the Commission. | |
| Article 399 | |
| Provisions laid down by law, regulation or administrative action designed to ensure the protection of the health of workers and the general public in the territory of the Member States against the dangers arising from ionizing radiations shall, in accordance with Article 33 of the Euratom Treaty, be communicated by those States to the Commission within three months of accession. | |
| TITLE III | |
| FINAL PROVISIONS | |
| Article 400 | |
| Annexes I to XXXVI and Protocols 1 to 25 attached to this Act, shall form an integral part thereof. | |
| Article 401 | |
| The Government of the French Republic shall remit a certified copy of the Treaty establishing the European Coal and Steel Community and the Treaties amending that Treaty to the Governments of the Kingdom of Spain and of the Portuguese Republic. | |
| Article 402 | |
| The Government of the Italian Republic shall remit to the Governments of the Kingdom of Spain and of the Portuguese Republic a certified copy of the Treaty establishing the European Economic Community, the Treaty establishing the European Atomic Energy Community and the Treaties amending or supplementing them, including the Treaties concerning the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and of the Hellenic Republic to the European Economic Community and the European Atomic Energy Community, in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages. | |
| The texts of those Treaties, drawn up in the Spanish and Portuguese languages, shall be annexed to this Act. Those texts shall be authentic under the same conditions as the texts of the Treaties referred to in the first paragraph, drawn up in the present languages. | |
| Article 403 | |
| A certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Communities shall be remitted to the Governments of the new Member States by the Secretary-General. | |
| (1) Including the share to be allocated to Portugal. | |
| ANNEX I | |
| List provided for in Article 26 of the Act of Accession | |
| I. CUSTOMS LEGISLATION | |
| 1. In the following Acts and in the Articles indicated, the number ‘forty-five’ is replaced by ‘fifty-four’: | |
| (a) Council Regulation (EEC) No 802/68 of 27 June 1968 (OJ No L 148, 28. 6. 1968, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 1318/71 of 21 June 1971 (OJ No L 139, 25. 6. 1971, p. 6), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 14 (2). | |
| (b) Council Regulation (EEC) No 222/77 of 13 December 1976 (OJ No L 38, 9. 2. 1977, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 983/79 of 14 May 1979 (OJ No L 123, 19. 5. 1979, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 3813/81 of 15 December 1981 (OJ No L 383, 31. 12. 1981, p. 28), | |
| — | Council Regulation (EEC) No 3617/82 of 17 December 1982 (OJ No L 382, 31. 12. 1982, p. 6): | |
| Article 57 (2). | |
| (c) Council Regulation (EEC) No 1224/80 of 28 May 1980 (OJ No L 134, 31. 5. 1980, p. 1), as amended by Council Regulation (EEC) No 3193/80 of 8 December 1980 (OJ No L 333, 11. 12. 1980, p. 1): | |
| Article 19 (2). | |
| (d) Council Regulation (EEC) No 636/82 of 16 March 1982 (OJ No L 76, 20. 3. 1982, p. 1): | |
| Article 12 (3) (a). | |
| (e) Council Regulation (EEC) No 918/83 of 28 March 1983 (OJ No L 105, 23. 4. 1983, p. 1): | |
| Article 143 (2). | |
| (f) Council Regulation (EEC) No 3/84 of 19 December 1983 (OJ No L 2, 4. 1. 1984, p. 1), as amended by Council Regulation (EEC) No 1568/84 of 4 June 1984 (OJ No L 151, 7. 6. 1984, p. 5): | |
| Article 15 (2). | |
| (g) Council Directive 69/73/EEC of 4 March 1969 (OJ No L 58, 8. 3. 1969, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 72/242/EEC of 27 June 1972 (OJ No L 151, 5. 7. 1972, p. 16), | |
| — | Council Directive 76/119/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 58), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/89/EEC of 7 February 1983 (OJ No L 59, 5. 3. 1983, p. 1), | |
| — | Council Directive 83/307/EEC of 13 June 1983 (OJ No L 162, 22. 6. 1983, p. 20), as corrected in OJ No L 272, 5. 10. 1983, p. 22, | |
| — | Commission Directive 84/444/EEC of 26 July 1984 (OJ No L 245, 14. 9. 1984, p. 28): | |
| Article 28 (2). | |
| (h) Council Directive 76/308/EEC of 15 March 1976 (OJ No L 73, 19. 3. 1976, p. 18), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 79/1071/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 10). | |
| Article 22 (2). | |
| (i) Council Directive 79/695/EEC of 24 July 1979 (OJ No L 205, 13. 8. 1979, p. 19), as amended by: | |
| — | Council Directive 81/465/EEC of 24 June 1981 (OJ No L 183, 4. 7. 1981, p. 34), | |
| — | Council Directive 81/853/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 1): | |
| Article 26 (2). | |
| 2. Commission Regulation (EEC) No 1062/69 of 6 June 1969 (OJ No L 141, 12. 6. 1969, p. 31), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In the Annex, the text of the ‘Certificate’ form is replaced by the following: | |
| 3. Commission Regulation (EEC) No 2552/69 of 17 December 1969 (OJ No L 320, 20. 12. 1969, p. 19), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Commission Regulation (EEC) No 768/73 of 26 February 1973 (OJ No L 77, 26. 3. 1973, p. 25), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Annex I, the text of the ‘Certificate of authenticity’ form is replaced by the following: | |
| BILAG I
ANHANG I
ΠΑΡΑΡΤΗΜΑ I
ANNEX I
ANEXO I
ANNEXE I
ALLEGATO I
BIJLAGE I
ANEXO I | |
| 4. Commission Regulation (EEC) No 3184/74 of 6 December 1974 (OJ No L 344, 23. 12. 1974, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), as corrected in OJ No L 346, 2. 12. 1981, p. 24. | |
| The following is added: | |
| — | to the second subparagraph of Article 29 (2): ‘
EXPEDIDO A POSTERIORI
’ and ‘
EMITIDO A POSTERIORI
’, | |
| — | to the first paragraph of Article 30: ‘
DUPLICADO
’and ‘
SEGUNDA VIA
’, | |
| — | to Article 36 (2): ‘
Procedimiento simplificado
’ and ‘
Procedimento simplificado
’. | |
| 5. Commission Regulation (EEC) No 1120/75 of 17 April 1975 (OJ No L 111, 30. 4. 1975, p. 19), as amended by: | |
| — | Commission Regulation (EEC) No 3277/75 of 15 December 1975 (OJ No L 325, 17. 12. 1975, p. 16), | |
| — | Commission Regulation (EEC) No 1379/76 of 16 June 1976 (OJ No L 156, 17. 6. 1976, p. 13), | |
| — | Commission Regulation (EEC) No 1216/77 of 7 June 1977 (OJ No L 140, 8. 6. 1977, p. 16), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 3391/83 of 28 November 1983 (OJ No L 336, 1. 12. 1983, p. 55). | |
| The following is added to Annex I: | |
| ‘ANEXO I | |
| 1. | Exportador | |
| 2. | Número | |
| 4. | Destinatario | |
| 5. | CERTIFICADO DE DENOMINACIÓN DE ORIGEN | |
| 6. | Medio de transporte | |
| 7. | VINO DE OPORTO | |
| 8. | Lugar de descarga | |
| 9. | Marcas y números, número y naturaleza de los bultos | |
| 10. | Peso bruto | |
| 11. | Litros | |
| 12. | Litros (en letras) | |
| 13. | Visado del organismo expedidor (ver traducción en el no 15) | |
| 14. | Visado de la aduana | |
| 15. | Se certifica que el vino descrito en este documento se ha producido en la región delimitada del Duero y se considera según las leyes portuguesas auténtico VINO DE OPORTO. | Este vino responde a la definición de vino generoso prevista en la nota complementaria 4 c) del capítulo 22 del Arancel Aduanero Común de la Comunidad Económica Europea. | |
| 16. | (1) Espacio reservado para otras indicaciones del país exportador.’ | |
| The following is added to Annex II: | |
| ‘ANEXO II | |
| 1. | Exportador | |
| 2. | Número | |
| 4. | Destinatario | |
| 5. | CERTIFICADO DE DENOMINACIÓN DE ORIGEN | |
| 6. | Medio de transporte | |
| 7. | VINO DE MADEIRA | |
| 8. | Lugar de descarga | |
| 9. | Marcas y números, número y naturaleza de los bultos | |
| 10. | Peso bruto | |
| 11. | Litros | |
| 12. | Litros (en letras) | |
| 13. | Visado del organismo expedidor (ver traducción en el no 15) | |
| 14. | Visado de la aduana | |
| 15. | Se certifica que el vino descrito en este documento se ha producido en la región delimitada de Madeira y se considera según las leyes portuguesas auténtico VINO DE MADEIRA. | Este vino responde a la definición de vino generoso prevista en la nota complementaria 4 c) del capítulo 22 del Arancel Aduanero Común de la Comunidad Económica Europea. | |
| 16. | (1) Espacio reservado para otras indicaciones del país exportador.’ | |
| The following is added to Annex III: | |
| ‘ANEXO III | |
| 1. | Exportador | |
| 2. | Número | |
| 4. | Destinatario | |
| 5. | CERTIFICADO DE DENOMINAÇÃO DE ORIGEM | |
| 6. | Meio de transporte | |
| 7. | VINHO DE XERÊS | |
| 8. | Lugar de descarga | |
| 9. | Marcas e números, quantidade e tipo das vasilhas | |
| 10. | Peso bruto | |
| 11. | Litros | |
| 12. | Litros (por extenso) | |
| 13. | Visto do organismo emissor (ver tradução no no 15) | |
| 14. | Visto da alfândega | |
| 15. | Certifica-se que o vinho descrito neste certificado foi produzido na região do Jerez (Xerês) e é considerado, nos termos da lei espanhola, como tendo direito à denominação de origem “JEREZ-XERÊS-SHERRY”. O álcool adicionado a este vinho é de origem vínica. | |
| 16. | (1) Espaço reservado para outras especificações do país exportador.’ | |
| The following is added to Annex IV: | |
| ‘ANEXO IV | |
| 1. | Exportador | |
| 2. | Número | |
| 4. | Destinatario | |
| 5. | CERTIFICADO DE DENOMINACIÓN DE ORIGEN | |
| 6. | Medio de transporte | |
| 7. | VINO MOSCATEL DE SETÚBAL | |
| 8. | Lugar de descarga | |
| 9. | Marcas y números, número y naturaleza de los bultos | |
| 10. | Peso bruto | |
| 11. | Litros | |
| 12. | Litros (en letras) | |
| 13. | Visado del organismo expedidor (ver traducción en el no 15) | |
| 14. | Visado de la aduana | |
| 15. | Se certifica que el vino descrito en este documento se ha producido en la región delimitada de Setúbal y se considera según las leyes portuguesas auténtico MOSCATEL DE SETÚBAL. | Este vino responde a la definición de vino generoso prevista en la nota complementaria 4 c) del capítulo 22 del Arancel Aduanero Común de la Comunidad Económica Europea. | |
| 16. | (1) Espacio reservado para otras indicaciones del país exportador.’ | |
| The following is added to Annex V: | |
| ‘
ANEXO V
ANEXO V | |
| 1. | ExportadorExportador | |
| 2. | NúmeroNúmero | |
| 4. | DestinatarioDestinatário | |
| 5. | CERTIFICADO DE DENOMINACIÓN DE ORIGENCERTIFICADO DE DENOMINAÇÃO DE ORIGEM | |
| 6. | Medio de transporteMeio de transporte | |
| 7. | VINO DE TOKAY (ASZU, SZAMORODNI)VINHO DE TOKAY (ASZU, SZAMORODNI) | |
| 8. | Lugar de descargaLugar de descarga | |
| 9. | Marcas y números, número y naturaleza de los bultosMarcas e números, quantidade e tipo das vasilhas | |
| 10. | Peso brutoPeso bruto | |
| 11. | LitrosLitros | |
| 12. | Litros (en letras)Litros (por extenso) | |
| 13. | Visado del organismo expedidor (ver traducción en el no 14)Visto do organismo emissor (ver tradução no no 14) | |
| 14. | Se certifica que el vino descrito en este documento se ha producido en la región delimitada de Tokay y se considera según las leyes húngaras auténtico VINO DE TOKAY (ASZU, SZAMORODNI). | Este vino responde a la definición de vino generoso prevista en la nota complementaria 4 c) del capítulo 22 del Arancel Aduanero Común de la Comunidad Económica Europea. | Certifica-se que o vinho descrito neste certificado foi produzido na região demarcada do vinho de Tokay e é considerado, nos termos da lei húngara, como autêntico VINHO DE TOKAY (ASZU, SZAMORODNI). | Este vinho corresponde à definição de vinho licoroso prevista na nota complementar 4 c) do capítulo 22 da Pauta Aduaneira Comum da Comunidade Económica Europeia. | |
| 15. | (1) Espacio reservado para otras indicaciones del país exportador. | (1) Espaço reservado a outras especificações do país exportador. | ’ | |
| 6. Commission Regulation (EEC) No 2945/76 of 26 November 1976 (OJ No L 335, 4. 12. 1976, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added: | |
| — | to the second paragraph of Article 3 (1) (b): | ‘— | “Mercancias admitidas con el beneficio del régimen devolución en aplicación del apartado 2, artículo 2 del Reglamento (CEE) no 754/76”, | — | “Mercadorias admitidas ao beneficio do regime de retorno por aplicação do no 2 do artigo 2o do Regulamento (CEE) no 754/76”.’ | |
| — | to Article 7 (2): | ‘— | “Sin concesión de restituciones u otras cantidades a la exportación”, | — | “Sem concessão de restituições ou outros montantes na exportação”.’ | |
| — | to Article 7 (3): | ‘— | “Restituciones y otras cantidades a la exportación reintegradas por … (cantidad)”, | — | “Restituições e otros montantes na exportação reembolsados para … (quantidade)”.’ | and | ‘— | “Título de pago de restituciones u otras cantidades a la exportación anulado por … (cantidad)”, | — | “Título de pagamento de restituções de direitos ou outros montantes na exportação anulado para … (quantidade)”.’ | |
| — | to the first paragraph of Article 13: | ‘
duplicado
’ and ‘
segunda via
’. | |
| 7. Council Regulation (EEC) No 222/77 of 13 December 1976 (OJ No L 38, 9. 2. 1977, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 983/79 of 14 May 1979 (OJ No L 123, 19. 5. 1979, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 3813/81 of 15 December 1981 (OJ No L 383, 31. 12. 1981, p. 28), | |
| — | Council Regulation (EEC) No 3617/82 of 17 December 1982 (OJ No L 382, 31. 12. 1982, p. 6). | |
| In the Annex at point I.1 of specimens I, II and III of the Community transit guarantee, ‘the Kingdom of Spain’ is added after ‘the Hellenic Republic’ and ‘the Portuguese Republic’ is added after ‘the Kingdom of the Netherlands’. | |
| 8. Commission Regulation (EEC) No 223/77 of 22 December 1976 (OJ No L 38, 9. 2. 1977, p. 20), as amended by: | |
| — | Commission Regulation (EEC) No 1601/77 of 11 July 1977 (OJ No L 182, 22. 7. 1977, p. 1), | |
| — | Commission Regulation (EEC) No 526/79 of 20 March 1979 (OJ No L 74, 24. 3. 1979, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 1964/79 of 6 September 1979 (OJ No L 227, 7. 9. 1979, p. 12), | |
| — | Commission Regulation (EEC) No 137/80 of 9 January 1980 (OJ No L 18, 24. 1. 1980, p. 13), | |
| — | Commission Regulation (EEC) No 902/80 of 14 April 1980 (OJ No L 97, 15. 4. 1980, p. 20), as corrected in OJ No L 254, 27. 9. 1980, p. 47, | |
| — | Commission Regulation (EEC) No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16), | |
| — | Commission Regulation (EEC) No 1664/81 of 23 June 1981 (OJ No L 166, 24. 6. 1981, p. 11), as corrected in OJ No L 243, 26. 8. 1981, p. 18, | |
| — | Commission Regulation (EEC) No 2105/81 of 16 July 1981 (OJ No L 207, 27. 7. 1981, p. 1), | |
| — | Commission Regulation (EEC) No 3220/81 of 11 November 1981 (OJ No L 324, 12. 12. 1981, p. 9), | |
| — | Commission Regulation (EEC) No 1499/82 of 11 June 1982 (OJ No L 161, 12. 6. 1982, p. 11), | |
| — | Commission Regulation (EEC) No 1482/83 of 8 June 1983 (OJ No L 151, 9. 6. 1983, p. 29), as corrected in OJ No L 285, 18. 10. 1983, p. 24. | |
| The following is added: | |
| — | to the second subparagraph of Article 13a (4): | |
| — | to the first subparagraph of Article 13a (5): | ‘— | (número) extractos expedidos — copias adjuntas, | — | (quantidade) extractos emitidos — cópias juntas,’ | |
| — | to the first subparagraph of Article 23 (1): | — | ‘
VALIDEZ LIMITADA; APLICATION ART. 23 AP. 1 PAR. 2 REGL. (CEE) 223/77, | — | VALIDADE LIMITADA; APLICAÇÃO DO SEGUNDO PARÁGRAFO DO No 1 DO ARTo 23o DO REG. (CEE) 223/77,’ | |
| — | to the first indent of Article 28: | ‘— | “Salida de la Comunidad sometida a restricciones”, | — | Saída da Comunidade sujeita a restrições".’ | |
| — | to the second indent of Article 28: | ‘— | “Salida de la Comunidad sujeta a pago de derechos”, | — | “Saída da Comunidade sujeita a pagamento de imposições”.’ | |
| — | to Articles 40 and 50 (g): | ‘
Aduana
Alfândega
’, | |
| — | to Article 7 (3): | ‘— | “Expedido a posteriori”, | — | “Emitido a posteriori”.’ | |
| — | to Annexes I and III, on the back of copy No 3 of the Community transit declaration T: | ‘Devolver a:’; | |
| — | to Annex VI, on the front of the original of control copy T No 5: | ‘Devolver a:’; | |
| — | to Annex VII: | ‘
AVISO DE PASO | AVISO DE PASSAGEM
’, | |
| — | to Annex VIII: | ‘RECIBO’, | |
| — | to box 7 in Annex IX: | ‘
ESPAÑA | PORTUGAL
’. | |
| 9. Commission Regulation (EEC) No 1535/77 of 4 July 1977 (OJ No L 171, 9. 7. 1977, p. 1), as amended by: | |
| — | Commission Regulation (EEC) No 2697/77 of 7 December 1977 (OJ No L 314, 8. 12. 1977, p. 21), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 3036/79 of 21 December 1979 (OJ No L 341, 31. 12. 1979, p. 32). | |
| The following is added to Article 9: | |
| — | to paragraph 2: | ‘— | DESTINO ESPECIAL’, | |
| — | to the second indent of the second subparagraph of paragraph 3: | ‘— | DESTINO ESPECIAL: REGLAMENTO (CEE) No 1535/77, | — | DESTINO ESPECIAL: REGULAMENTO (CEE) No 1535/77.’ | |
| — | to paragraph 6: | ‘— | MERCANCÍAS PUESTAS A DISPOSICIÓN DEL CESIONARIO EL … (2) | — | MERCADORIAS POSTAS À DISPOSIÇÃO DO CESSIONÁRIO EM … (2)’. | |
| 10. Commission Regulation (EEC) No 2695/77 of 7 December 1977 (OJ No L 314, 8. 12. 1977, p. 14), as amended by: | |
| — | Commission Regulation (EEC) No 2788/78 of 29 November 1978 (OJ No L 333, 30. 11. 1978, p. 25), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 3037/79 of 21 December 1979 (OJ No L 341, 31. 12. 1979, p. 42). | |
| The following is added to the third paragraph of Article 4: | |
| ‘—T/2 — destino especial’. | |
| 11. Commission Regulation (EEC) No 2826/77 of 5 December 1977 (OJ No L 333, 24. 12. 1977, p. 1), as amended by: | |
| — | Commission Regulation (EEC) No 607/78 of 29 March 1978 (OJ No L 83, 30. 3. 1978, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 1653/79 of 25 July 1979 (OJ No L 192, 31. 7. 1979, p. 32), | |
| — | Commission Regulation (EEC) No 1976/80 of 25 July 1980 (OJ No L 192, 26. 7. 1980, p. 23), | |
| — | Commission Regulation (EEC) No 2966/82 of 5 November 1982 (OJ No L 310, 6. 11. 1982, p. 11), | |
| — | Commission Regulation (EEC) No 3026/84 of 30 October 1984 (OJ No L 287, 31. 10. 1984, p. 7). | |
| The following is added to copy No 3 of the document appearing in the Annex: | |
| ‘Devolver a:’. | |
| 12. Commission Regulation (EEC) No 3034/79 of 20 December 1979 (OJ No L 341, 31. 12. 1979, p. 20), as amended by Commission Regulation (EEC) No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16). | |
| The following is added to point 13 of Article I: | |
| ‘
Certifico que las uvas reseñadas en este certificado son uvas frescas de mesa de la variedad «Emperador»(Vitis vinifera cv). | |
| Certifico que us uvas mencionadas no presente certificado são uvas de mesa, frescas, da variedade «Empereur»(Vitis vinifera cv).’ | |
| 13. Commission Regulation (EEC) No 3035/79 of 20 December 1979 (OJ No L 341, 31. 12. 1979, p. 26), as amended by: | |
| — | Commission Regulation (EEC) No 1466/80 of 9 June 1980 (OJ No L 146, 12. 6. 1980, p. 15), | |
| — | Commission Regulation (EEC) No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16), | |
| — | Commission Regulation (EEC) No 3344/80 of 22 December 1980 (OJ No L 351, 24. 12. 1980, p. 11), | |
| — | Commission Regulation (EEC) No 1541/81 of 5 June 1981 (OJ No L 151, 10. 6. 1981, p. 7), | |
| — | Commission Regulation (EEC) No 3355/81 of 23 November 1981 (OJ No L 339, 26. 11. 1981, p. 13), | |
| — | Commission Regulation (EEC) No 3187/82 of 25 November 1982 (OJ No L 338, 30. 11. 1982, p. 7), | |
| — | Commission Regulation (EEC) No 3390/83 of 29 November 1983 (OJ No L 336, 1. 12. 1983, p. 54), | |
| — | Commission Regulation (EEC) No 3454/84 of 5 December 1984 (OJ No L 319, 8. 12. 1984, p. 5). | |
| The following is added to point 12 of Annex I: | |
| ‘
Certifico que el tabaco reseñado en este certificado es tabaco «flue-cured» del tipo Virginia — tabaco «light air-cured» del tipo Burley (incluidos los híbridos de Burley) — tabaco «light air-cured» del tipo Maryland — tabaco «fire-cured» de acuerdo con el apartado 2 del artículo 1 del Reglamento (CEE) no 3035/79. | |
| Certifico que o tabaco mencionado no presente certificado é tabaco «flue-cured» do tipo Virginia — tabaco «light air-cured» do tipo Burley (incluindo o híbrido de Burley) — tabaco «light air-cured» do tipo Maryland — tabaco «fire-cured» nos termos do no 2 do artigo 1o do Regulamento (CEE) no 3035/79.’ | |
| 14. Commission Regulation (EEC) No 3039/79 of 21 December 1979 (OJ No L 341, 31. 12. 1979, p. 46), as amended by: | |
| — | Commission Regulation No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16), | |
| — | Commission Regulation (EEC) No 122/82 of 19 January 1982 (OJ No L 16, 22. 1. 1982, p. 10). | |
| The following is added to Annex I: | |
| ‘1. | Expedidor | |
| 2. | Número | |
| 4. | Destinatário | |
| 5. | CERTIFICADO DE QUALIDADE | |
| 6. | Porto de embarque | |
| 7. | NITRATO DO CHILE | |
| 8. | Navio | |
| 9. | Conhecimento | |
| 10. | Em sacos | Marcas | Números | Quantidade | A granel | |
| 11. | Quantidade (1) em números | |
| 12. | Quantidade (1) por extenso | |
| 13. | VISTO DO ORGANISMO EMISSOR | Carimbo | Assinatura | (ver a tradução no no 14) | |
| 14. | O «Servicio de Minas del Estado» certifica que o carregamento de nitrato descrito anteriormente é constituído por: | — | nitrato de sódio natural do Chile de um teor em azoto não superior, em peso, a 16,3 %, | — | nitrato de sódio potássico natural do Chile, consistindo numa mistura natural de nitrato do sódio e de nitrato de potássio (a proporção deste último elemento podendo atingir 44 %) de um teor global em azoto não superior, em peso, a 16,3 %, produzido no Chile e obtido por tratamento do mineral de nitrato em solução aquosa de lixívia, chamada «caliche», seguido de cristalização o fraccionada mediante arrefecimento e/ou evaporação ao sol. | |
| 15. Commission Regulation (EEC) No 37/80 of 9 January 1980 (OJ No L 6, 10. 1. 1980, p. 13), as amended by Commission Regulation (EEC) No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16). | |
| The following is added to the second paragraph of Article 2: | |
| ‘— | “Organización Internacional del Café — Certificado R de reexportacion no …”, | |
| — | “Organização Internacional do Café — Certificado R de reexportação no …”.’ | |
| 16. Commission Regulation (EEC) No 1496/80 of 11 June 1980 (OJ No L 154, 21. 6. 1980, p. 16), as amended by: | |
| — | Commission Regulation (EEC) No 3180/80 of 5 December 1980 (OJ No L 335, 12. 12. 1980, p. 64), | |
| — | Commission Regulation (EEC) No 3462/83 of 6 December 1983 (OJ No L 345, 8. 12. 1983, p. 14). | |
| The following is added to Article 2: | |
| ‘
280 000Ptas, 280 000 Esc.’ | |
| 17. Council Regulation (EEC) No 918/83 of 25 March 1983 (OJ No L 105, 23. 4. 1983, p. 1). | |
| Article 135 (b) is replaced by the following: | |
| ‘(b) | by Spain and France, until the entry into force of arrangements governing trade relations between the Community and Andorra, of the relief resulting from the Conventions of 13 July 1867 and 22 and 23 November 1867 respectively between those countries and Andorra.’ | |
| 18. Commission Regulation (EEC) No 2289/83 of 29 July 1983 (OJ No L 220, 11. 8. 1983, p. 15), | |
| The following is added to Article 3 (2): | |
| ‘— | “Objeto destinado a personas minusválidas, en franquicia de derechos de importación (Unesco). | Aplicación del parrafo segundo del apartado 2 del artículo 77 del Reglamento (CEE) no 918/83
”. | |
| — | “Objectos destinados a pessoas deficientes com franquia de direitos de importação (Unesco). | Applicação do segundo parágrafo do no 2 do artigo 77o do Regulamento (CEE) no 918/83
”.’ | |
| 19. Commission Regulation (EEC) No 2290/83 of 29 July 1983 (OJ No L 220, 11. 8. 1983, p. 20). | |
| The following is added to Article 3 (2): | |
| ‘— | “Objeto en franquicia de derechos de importación (Unesco). | Aplicación del apartado 2 del artículo 57 del Reglamento (CEE) no 918/83
”. | |
| — | “Objectos com franquia de direitos de importação (Unesco). | Aplicação do no 2 do artigo 57o do Regulamento (CEE) no 918/83
”.’ | |
| 20. Commission Regulation (EEC) No 1751/84 of 13 June 1984 (OJ No L 171, 29. 6. 1984, p. 1). | |
| The following is added to Article 17 (2): | |
| ‘— | Mercancías IT, | |
| — | Mercadorias IT.’ | |
| 21. Council Regulation (EEC) No 2151/84 of 23 July 1984 (OJ No L 197, 27. 7. 1984, p. 1), as amended by Council Regulation (EEC) No 319/85 of 6 February 1985 (OJ No L 34, 7. 2. 1984, p. 32). | |
| Article 1 (1) is replaced by the following: | |
| ‘1. The customs territory of the Community shall comprise the following: | |
| — | the territory of the Kingdom of Belgium, | |
| — | the territory of the Kingdom of Denmark, except for the Faroe Islands and Greenland, | |
| — | the German territories to which the Treaty establishing the European Economic Community applies, except for the Island of Heligoland and the territory of Büsingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation), | |
| — | the territory of the Kingdom of Spain except for the Canary islands, Ceuta and Melilla, | |
| — | the territory of the Hellenic Republic, | |
| — | the territory of the French Republic, except for the overseas territories, | |
| — | the territory of Ireland, | |
| — | the territory of the Italian Republic, except for the communes of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio, | |
| — | the territory of the Grand Duchy of Luxembourg, | |
| — | the territory of the Kingdom of the Netherlands in Europe, | |
| — | the territory of the Portuguese Republic, | |
| — | the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands and the Isle of Man.’ | |
| 22. Commission Regulation (EEC) No 2364/84 of 31 July 1984 (OJ No L 222, 20. 8. 1984, p. 1). | |
| In point 5 of Annex II, the second sentence is replaced by the following: | |
| ‘This number shall be preceded by the following letters depending on the Member State of departure: BE for Belgium, DK for Denmark, DE for Germany, ES for Spain, FR for France, GR for Greece, IE for Ireland, IT for Italy, LU for Luxembourg, N L for the Netherlands, PT for Portugal and UK for the United Kingdom.’ | |
| 23. Council Directive 68/312/EEC of 30 July 1968 (OJ No L 194, 6. 8. 1968, p. 13), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to the Annex: | |
| ‘9. | Spain | |
| Recintos de las Aduanas públicos y privados | (Ordenanzas de Aduanas, artículo 35; Orden Ministerial de 29. 7. 65 y Real Decreto 1192/79 de 4 de abril) | |
| 10. | Portugal | |
| Depósitos reais | (Reforma Aduaneira, artigos 116o a 125o) | |
| Depósitos de trânsito | (Reforma Aduaneira, artigos 134o a 139o) | |
| Depósitos de baldeação | (Reforma Aduaneira, artigos 134o a 139o) | |
| Depósitos das estações de caminho-de-ferro | (Reforma Aduaneira, artigos 140o e 142o) | |
| Depósitos das encomendas postais | (Reforma Aduaneira, artigos 140o e 142o) | |
| Depósitos da Casa da Moeda | (Reforma Aduaneira, artigos 140o e 142o) | |
| Depósitos TIR | (Reforma Aduaneira, artigos 140o e 142o) | |
| Depósitos aeroportuários | (Reforma Aduaneira, artigos 140o e 142o) | |
| Terminais de carga | (Portarias no 344/74, de 31 de Maio e 794/82 de 21 de Agosto)’. | |
| 24. Council Directive 69/74/EEC of 4 March 1969 (OJ No L 58, 8. 3. 1969, p. 7), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 76/634/EEC of 22 July 1976 (OJ No L 223, 16. 8. 1976, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to the Annex: | |
| "9. | Spain | |
| — | Depósitos de comercio | — | Depósitos flotantes de carbon y combustibles | Artículos 205, 206 a 213 y 247 a 256 de las Ordenanzas de Aduanas | |
| Depósitos intervenidos bajo control aduanero | Real Decreto 1192/1979 de 4 de abril | |
| 10. | Portugal | |
| Depósitos «alfandegados» | (Reforma Aduaneira, artigos 126o a 133o) | |
| Depósitos «afiançados» | (Reforma Aduaneira, artigos 126o a 133o) | |
| Depósitos do Arsenal da Marinha | (Reforma Aduaneira, artigos 140o a 142o) | |
| Depósitos de Aeronáutica Militar | (Reforma Aduaneira, artigos 140o a 142o) | |
| Depósitos gerais francos | (Reforma Aduaneira, artigos 143o a 150o) | |
| Depósitos francos | (Reforma Aduaneira, artigo 151o) | |
| Zonas francas | (Reforma Aduaneira, artigo 151o) | |
| 25. Council Directive 69/75/EEC of 4 March 1969 (OJ No L 58, 8. 3. 1969, p. 11), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 76/634/EEC of 22 July 1976 (OJ No L 223, 16. 8. 1976, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to the Annex: | |
| ‘9. Spain | |
| — | Zonas francas | (Real Decreto-Ley de 11 de junio de 1929 y artículos 225 a 246 de las Ordenanzas de Aduanas) | |
| — | Depósitos francos | (Real Decreto-Ley de 11 junio de 1929 y artículos 7, 205 y 214 a 224 de las Ordenanzas de Aduanas) | |
| 10. Portugal | |
| — | Zona Franca de Cabo Ruivo (Petrogal) | (Decreto no 29034 de 1. 10. 1938) | |
| — | Zona Franca de Matosinhos (Petrogal) | (Decreto no 436/72 de 6. 11. 1972) | |
| — | Zona Franca de Sines | (Decreto-Lei no 333/78 de 14. 11. 1978) | |
| — | Zona Franca na Região Autónoma da Madeira | (Decreto-Lei no 500/80 de 20. 10. 1980) | |
| — | Zona Franca na Ilha de Santa Maria na Regiâo Autónoma dos Açores | (Decreto-Lei no 34/82 de 4. 2. 1982)’. | |
| 26. Commission Directive 76/447/EEC of 4 May 1976 (OJ No L 121, 8. 5. 1976, p. 52), as amended by: | |
| — | Commission Directive 78/765/EEC of 7 September 1978 (OJ No L 257, 20. 9. 1978, p. 7), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added: | |
| — | to Article 6 (2): | ‘
DUPLICADO | SEGUNDA VIA
’, | |
| — | to note B.18 of the Annex: | ‘PT for Spanish pesetas, | EP for Portuguese escudos.’ | |
| 27. Council Decision 80/1186/EEC of 16 December 1980 (OJ No L 361, 31. 12. 1980, p. 1), as amended by: | |
| — | Council Decision 81/559/EEC of 13 July 1981 (OJ No L 203, 23. 7. 1981, p. 49), | |
| — | Council Decision 81/880/EEC of 26 October 1981 (OJ No L 326, 13. 11. 1981, p. 31), | |
| — | Council Decision 83/370/EEC of 25 July 1983 (OJ No L 204, 28. 7. 1983, p. 61), | |
| — | Council Decision 83/544/EEC of 4 November 1983 (OJ No L 309, 10. 11. 1983, p. 29), | |
| — | Council Decision 84/471/EEC of 3 October 1984 (OJ No L 266, 6. 10. 1984, p. 18). | |
| The following is added to Annex II: | |
| — | to the second subparagraph of Article 18 (2): | ‘
“
EXPEDIDO A POSTERIORI
” | “
EMITIDO A POSTERIORI
”
’, | |
| — | to Article 19: | ‘
“
DUPLICADO
”, | “
SEGUNDA VIA
”.’ | |
| 28. Commission Directive 84/318/EEC of 23 May 1984 (OJ No L 166, 26. 6. 1984, p. 19), as corrected in OJ No L 218, 15. 8. 1984, p. 26. | |
| The following is added: | |
| — | to Article 2 (1): | ‘— | Mercancias PA, | — | Mercadorias AA.’ | |
| — | to Article 2 (2): | ‘— | Politica comercial, | — | Politica comercial.’ | |
| — | to note B. 11 of the notes appearing on the back of information sheet INF 1: | ‘PT for Spanish pesetas, | EP for Portuguese escudos.’ | |
| II. RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES | |
| (a) Commercial activities, including those of intermediaries | |
| Council Directive 64/224/EEC of 25 February 1964 (OJ No 56, 4. 4. 1964, p. 869/64), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to the table appearing at the end of Article 3: | |
| | For self-employed persons | For employed persons | |
| ‘In Spain: | Agente commercial | Comisionista | Agente exclusivista | Asentador | Representante de Comercio | Viajante de Comercio | |
| In Portugal: | Agente comercial | Corretor | Commissario | Vendedor em leiloes | Caixeiro viajante | Caixeiro de praça | Representantes comerciais’ | |
| (b) Service undertakings | |
| 1. Council Directive 67/43/EEC of 12 January 1967 (OJ No 10, 19. 1. 1967, p. 140/67), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 2 (3): | |
| ‘In Spain: | |
| — | agentes de la propiedad inmobiliaria | |
| — | administradores de fincas urbanas | |
| — | agencias inmobiliarias y de alquiler | |
| — | promotoras inmobiliarias | |
| — | sociedades y empresas inmobiliarias | |
| — | expertos inmobiliarios | |
| In Portugal: | |
| — | agências imobiliárias | |
| — | sociedades imobiliárias | |
| — | administradores de imóveis | |
| — | peritos imobiliários | |
| — | loteadores’. | |
| 2. Council Directive 82/470/EEC of 29 June 1982 (OJ No L 213, 21. 7. 1982, p. 1). | |
| In Article 3, the following is inserted after the entries for Denmark: | |
| ‘Spain | |
| A. | Agente de transportes | Agente de servicios complementarios del transporte ferroviario | Consignatario de buques | Consignatario | Agente de aduanas | Transitario | |
| B. | Agente de viajes | |
| C. | Depositario | Almacenista | |
| D. | Pesador y medidor oficial | Pesador y medidor público’, | |
| and the following after the entries for the Netherlands: | |
| ‘Portugal | |
| A. | Transitario | Agente de navegaçao | Corretor de navios | |
| B. | Agente de viagens | Agente de transporte aéreo | |
| C. | Depositário | |
| D. | (none)’. | |
| (c) Banks and other financial establishments, insurance | |
| 1. First Council Directive 73/239/EEC of 24 July 1973 (OJ No L 228, 16. 8. 1973, p. 3), as amended by: | |
| — | Council Directive 76/580/EEC of 29 June 1976 (OJ No L 189, 13. 7. 1976, p. 13), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 84/641/EEC of 10 December 1984 (OJ No L 339, 27. 12. 1984, p. 21). | |
| (a) | The following is added to Article 4: | ‘(g) | In Spain | The following institutions: | 1. | Comisaría de Seguro Obligatorio de Viajeros, | 2. | Consorcio de Compensación de Seguros, | 3. | Fondo Nacional de Garantía de Riesgos de la Circulación.’ | |
| (b) | The following is added to Article 8 (1) (a): | ‘— | in the case of the Kingdom of Spain: | “sociedad anónima”, “sociedad mutua”, “sociedad cooperativa”, | — | in the case of the Portuguese Republic: | “sociedade anónima de responsibilidade limitada”, “mútua de seguros”.’ | |
| 2. Council Directive 77/92/EEC of 13 December 1976 (OJ No L 26, 31. 1. 1977, p. 14), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 2 (2): | |
| (a) | ‘— | in Spain: | — | Agentes libres de seguros, | — | Corredores de reaseguro; | — | in Portugal: | — | Corretor de seguros, | — | Corretor de resseguros.’ | |
| (b) | ‘— | in Spain: | — | Agentes afectos de seguros (representantes y no representantes); | — | in Portugal: | — | Agente de seguros.’ | |
| (c) | ‘— | in Spain: | — | Subagentes de seguros; | — | in Portugal: | — | Submediador.’ | |
| 3. First Council Directive 77/780/EEC of 12 December 1977 (OJ No L 322, 17. 12. 1977, p. 30), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 2 (2): | |
| ‘— | in Spain, the Instituto de Crédito Oficial, with the exception of its subsidiaries, | |
| — | in Portugal, Caixas Económicas existing on 1 January 1986 and which are not incorporated as limited companies.’ | |
| 4. First Council Directive 79/267/EEC of 5 March 1979 (OJ No L 63, 13. 3. 1979, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 8 (1) (a): | |
| ‘— | in the case of the Kingdom of Spain: | sociedad anónima, sociedad mutua, | |
| — | in the case of the Portuguese Republic: | sociedade anónima.’ | |
| 5. Council Directive 79/279/EEC of 5 March 1979 (OJ No L 66, 16. 3. 1979, p. 21), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 82/148/EEC of 3 March 1982 (OJ No L 62, 5. 3. 1982, p. 22). | |
| In Article 21 (1), ‘forty-five’is replaced by ‘fifty-four’. | |
| (d) Company law | |
| 1. First Council Directive 68/151/EEC of 9 March 1968 (OJ No L 65, 14. 3. 1968, p. 8), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| (a) | The following is added to Article 1: | ‘— | in Spain: | la sociedad anónima, la sociedad comanditaria por acciones, la sociedad de responsabilidad limitada; | — | in Portugal: | a sociedade anónima de responsabilidade limitada, a sociedade em comandita por acçoes, a sociedade por quotas de responsabilidade limitada.’ | |
| (b) | Article 2 (1) (f)is replaced by the following: | ‘(f) | The balance sheet and the profit and loss account for each financial year. The document containing the balance sheet must give details of the persons who are required by law to certify it. However, in respect of the Gesellschaft mit beschränkter Haftung, société de personnes à responsabilité limitée, personenvennootschap met beperkte aansprakelijkheid, société à responsabilité limitée, εταιρία περιορισμένης ευθύνης, società a responsabilità limitata and sociedade em comandita por acçoes under German, Belgian, French, Greek, Italian, Luxembourg or Portuguese law referred to in Article 1, the besloten naamloze vennootschap under Netherlands law, the private company under the law of Ireland and the private company under the law of Northern Ireland, the compulsory application of this provision shall be postponed until the date of implementation of a Directive concerning coordination of the contents of balance sheets and of profit and loss accounts and concerning exemption of such of those companies whose balance sheet total is less than that specified in the Directive from the obligation to make disclosure in full or in part of the said documents. The Council will adopt such a Directive within two years following adoption of the present Directive.’ | |
| 2. Second Council Directive 77/91/EEC of 13 December 1976 (OJ No L 26, 31. 1. 1977, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 1 (1): | |
| ‘— | in Spain: | la sociedad anónima; | |
| — | in Portugal: | a sociedade anónima de responsabilidade limitada.’ | |
| 3. Third Council Directive 78/885/EEC of 9 October 1978 (OJ No L 295, 20. 10. 1978, p. 36), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 1 (1): | |
| ‘— | in Spain: | la sociedad anónima; | |
| — | in Portugal: | a sociedade anónima de responsabilidade limitada.’ | |
| 4. Fourth Council Directive 78/660/EEC of 25 July 1978 (OJ No L 222, 14. 8. 1978, p. 11), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/349/EEC of 13 June 1983 (OJ No L 193, 18. 7. 1983, p. 1), | |
| — | Council Directive 84/569/EEC of 27 November 1984 (OJ No L 314, 4. 12. 1984, p. 28). | |
| The following is added to Article 1 (1): | |
| ‘— | in Spain: | la sociedad anónima, la sociedad comanditaria por acciones, la sociedad de responsabilidad limitada; | |
| — | in Portugal: | a sociedade anónima de responsabilidade limitada, a sociedade em comandita por acçoes, a sociedade por quotas de responsabilidade limitada.’ | |
| 5. Seventh Council Directive 83/349/EEC of 13 June 1983 (OJ No L 193, 18. 7. 1983, p. 1). | |
| The following is added to Article 4 (1): | |
| ’(k) | in Spain: | la sociedad anónima, la sociedad comanditaria por acciones, la sociedad de responsabilidad limitada; | |
| (l) | in Portugal: | a sociedade anónima de responsabilidade limitada, a sociedade em comandita por acçoes, a sociedade por quotas de responsabilidade limitada.’ | |
| (e) Public works contracts | |
| Council Directive 71/305/EEC of 26 July 1971 (OJ No L 185, 16. 8. 1971, p. 5), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 78/669/EEC of 2 August 1978 (OJ No L 225, 16. 8. 1978, p. 41), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| (a) | The following is added to Article 24: | ’In Spain: | | the “Registro mercantíl” and the “Registro industrial del Ministerio de Industria y Energía”; | In Portugal: | | the register of the “Commissão de inscrição e classificação dos empreiteiros de obras públicas e dos industriais da construção civil (CICEOPICC)”.’ | |
| (b) | The following is added to Annex I: | XII.
In Spain: | other corporate bodies subject to public rules for the award of contracts. | XIII.
In Portugal: | other corporate bodies governed by public law subject to a procedure for the award of public contracts pursuant to legal provisions.’ | |
| (f) Professional occupations | |
| 1. Council Directive 75/362/EEC of 16 June 1975 (OJ No L 167, 30. 6. 1975, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/1057/EEC of 14 December 1981 (OJ No L 385, 31. 12. 1981, p. 25), | |
| — | Council Directive 82/76/EEC of 26 January 1982 (OJ No L 43, 15. 2. 1982, p. 21). | |
| (a) | The following is added to Article 3: | ‘(k) | in Spain: | “Título de Licenciado en Medicina y Cirurgía” (university degree in medicine and surgery) awarded by the Ministry of Education and Science; | (l) | in Portugal: | “Carta de curso de licenciatura em medicina” (diploma confirming the completion of medical studies), awarded by a university, and the “Diploma comprovativo da conclusão do internato geral” (diploma confirming the completion of general internship), awarded by the competent authorities of the Ministry of Health.’ | |
| (b) | The following is added to Article 5 (2): | ‘in Spain: | “Título de Especialista” (professional qualification of specialist) awarded by the Ministry of Education and Science; | in Portugal: | “Grau de Assistente” (assistant grade), awarded by the competent authorities of the Ministry of Health, or “Título de Especialista” (professional qualification of specialist) awarded by the professional association for medical practitioners.’ | |
| (c) | The following entries are added to the indents indicated hereafter in Article 5 (3): | anaesthetics: | ‘Spain: anestesiología y reanimación | Portugal: anestesiologia’, | — | general surgery: | ‘Spain: cirugía general | Portugal: cirurgia geral’, | — | neurological surgery: | ‘Spain: neurocirugía | Portugal: neurocirurgia’, | — | obstetrics and gynaecology: | ‘Spain: obstetricia y ginecología | Portugal: ginecologia e obstetrícia’, | — | general (internal) medicine: | ‘Spain: medicina interna | Portugal: medicina interna’, | — | ophthalmology: | ‘Spain: oftalmología | Portugal: oftalmologia’, | — | oto-rhino-laryngology: | ‘Spain: otorrinolaringología | Portugal: otorrinolaringologia’, | — | paediatrics: | ‘Spain: pediatría y sus áreas específicas | Portugal: pediatria’, | — | respiratory medicine: | ‘Spain: neumología | Portugal: pneumologia’, | — | urology: | ‘Spain: urología | Portugal: urologia’, | — | orthopaedics: | ‘Spain: traumatoligía y cirugía ortopédica | Portugal: ortopedia’. | |
| (d) | The following entries are added to the indents indicated hereafter in Article 7 (2): | — | clinical biology: | ‘Spain: análisis clínicos | Portugal: patologia clinica’, | — | biological haematology: | ‘Spain: hematologia y hemoterapia | Portugal: hematologia clínica’, | — | microbiology — bacteriology: | ‘Spain: microbiología y parasitología’, | — | pathological anatomy: | ‘Spain: anatomía patológica | Portugal: anatomia patologica’, | — | biological chemistry: | ‘Spain: bioquímica clínica’, | — | immunology: | ‘Spain: immunología’, | — | plastic surgery: | ‘Spain: cirugía plástica y reparadora | Portugal: cirurgia plastica’, | — | thoracic surgery: | ‘Spain: cirugía torácica | Portugal: circurgia torácica’, | — | paediatric surgery: | ‘Spain: cirugía pediátrica | Portugal: cirurgia pediátrica’, | — | vascular surgery: | ‘Spain: angiología y cirugía vascular | Portugal: cirurgia vascular’, | — | cardiology: | ‘Spain: cardiología | Portugal: cardiologia’, | — | gastro-enterology: | ‘Spain: aparato digestivo | Portugal: gastro-enterologia’, | — | rheumatology: | ‘Spain: reumatología | Portugal: reumatologia’, | — | general haematology: | ‘Spain: hematologia y hemoterapia | Portugal: imunohemoterapia’, | — | endocrinology: | ‘Spain: endocrinología y nutricion | Portugal: endocrinologia-nutriçao’, | — | physiotherapy: | ‘Spain: rehabilitación | Portugal: fisiatria’, | — | stomatology: | ‘Spain: estomatología | Portugal: estomatologia’, | — | neurology: | ‘Spain: neurologia | Portugal: neurologia’, | — | psychiatry: | ‘Spain: psiquiatria | Portugal: psiquiatria’, | — | dermato-venereology: | ‘Spain: dermatologia médico-quirurgica y venereologia | Portugal: dermatovenereologia’, | — | radiology: | ‘Spain: electroradiologia | Portugal: radiologia’, | — | diagnostic radiology: | ‘Spain: radiodiagnostico | Portugal: radiodiagnostico’, | — | radiotherapy: | ‘Spain: oncologia radioterapica | Portugal: radioterapia’, | — | tropical medicine: | ‘Portugal: medicina tropical’, | — | child psychiatry: | ‘Portugal: pedopsiquiatria’, | — | geriatrics: | ‘Spain: geriatría’, | — | renal diseases: | ‘Spain: nefrología | Portugal: nefrologia’, | — | pharmacology: | ‘Spain: farmacología clínica’, | — | allergology: | ‘Spain: alergología | Portugal: imuno-alergologia’, | — | gastro-enterological surgery: | ‘Spain: cirugía del aparato digestivo’. | |
| 2. Council Directive 77/249/EEC of 22 March 1977 (OJ No L 78, 26. 3. 1977, p. 17), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 1 (2): | |
| ‘Spain:
Abogado, | |
| Portugal:
Advogado.’ | |
| 3. Council Directive 77/452/EEC of 27 June 1977 (OJ No L 176, 15. 7. 1977, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/1057/EEC of 14 December 1981 (OJ No L 385, 31. 12. 1981, p. 25). | |
| (a) | The following is added to Article 1 (2): | ‘in Spain: | “Enfermero/a diplomado/a;” | in Portugal: | “Enfermeiro”.’ | |
| (b) | The following is added to Article 3: | ‘(k) | in Spain: | “Título de Diplomado universitario en Enfermería” (university diploma in nursing) awarded by the Ministry for Education and Science. | (l) | in Portugal: | “Diploma do curso de enfermagem geral” (diploma in general nursing) awarded by State recognized educational establishments and registered by the competent authority.’ | |
| 4. Council Directive 78/686/EEC of 25 July 1978 (OJ No L 233, 24. 8. 1978, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/1057/EEC of 14 December 1981 (OJ No L 385, 31. 12. 1981, p. 25). | |
| (a) | The following is added to Article 1: | ‘— | in Spain: | Licenciado en Odontología, | — | in Portugal: | médico dentista.’ | |
| (b) | The following is added to Article 3: | ‘(k) | in Spain: | the diploma, the name of which will be notified by Spain to the Member States and to the Commission on accession. | (l) | in Portugal: | “carta de curso de licenciatura em medicina dentária” (diploma conferring official recognition of completion of studies in dentistry) awarded by an establishment of higher education.’ | |
| (c) | The following is inserted: | ‘Article 19a | From the date on which the Kingdom of Spain takes the measures necessary to comply with this Directive, Member States shall recognize, for the purposes of carrying out the activities referred to in Article 1 of this Directive, the diplomas, certificates and other evidence of formal qualifications in medicine awarded in Spain to persons who had begun their university medical training before accession, accompanied by a certificate issued by the competent Spanish authorities, certifying that these persons have effectively, lawfully and principally been engaged in Spain in the activities specified in Article 5 of Directive 78/687/EEC for at least three consecutive years during the five years prior to the issue of the certificate and that these persons are authorized to carry out the said activities under the same conditions as holders of the diploma, certificate or other evidence of formal qualifications referred to in Article 3 (k) of this Directive. | The requirement of three years' experience referred to in the first subparagraph shall be waived in the case of persons who have successfully completed at least three years of study which are certified by the competent authorities as being equivalent to the training referred to in Article 1 of Directive 78/687/EEC.’ | |
| 5. Council Directive 78/1026/EEC of 18 December 1978 (OJ No L 362, 23. 12. 1978, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/1057/EEC of 14 December 1981 (OJ No L 385, 31. 12. 1981, p. 25). | |
| The following is added to Article 3: | |
| ‘(k) | in Spain: | título de Licenciado en Veterinaria (University degree in veterinary medicine) awarded by the Ministry for Education and Science; | |
| (l) | in Portugal: | carta de curso de licenciatura em medicina veterinária (diploma conferring official recognition of completion of studies in veterinary medicine) awarded by a University.’ | |
| 6. Council Directive 80/154/EEC of 21 January 1980 (OJ No L 33, 11. 2. 1980, p. 1), as amended by Council Directive 80/1273/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 74). | |
| (a) | The following is added to Article 1: | ‘in Spain: | “matrona” or “asistente obstétrico”; | in Portugal: | “enfermeiro especialista em enfermagem de saúde materna e obstétrica”.’ | |
| (b) | The following is added to Article 3: | ‘(k) | in Spain: | the diploma of “asistencia obstétrica” awarded by the Ministero de Educación y Ciencia; | (l) | in Portugal: | the diploma of “enfermeiro especialista em enfermagem de saúde materna e obstétrica”.’ | |
| III. TRANSPORT | |
| 1. Council Regulation (EEC) No 1191/69 of 26 June 1969 (OJ No L 156, 28. 6. 1969, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 19 (1): | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 2. Council Regulation (EEC) No 1192/69 of 26 June 1969 (OJ No L 156, 28. 6. 1969, p. 8), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No 291, 19. 11. 1979, p. 17). | |
| In Article 3 (1): | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 3. Council Regulation (EEC) No 1108/70 of 4 June 1970 (OJ No L 130, 15. 6. 1970, p. 4), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 1384/79 of 25 June 1979 (OJ No L 167, 5. 7. 1979, p. 1), | |
| — | Council Regulation (EEC) No 3021/81 of 19 October 1981 (OJ No L 302, 23. 10. 1981, p. 8). | |
| Annex II is supplemented as follows: | |
| (a)—— | In point A.1 ‘RAIL — Main networks’, the following is inserted: | — | after the entries for the Hellenic Republic: | ‘Kingdom of Spain | — | Red Nacional de los Ferrocarriles Españoles (RENFE)’, | — | after the entries concerning the Kingdom of the Netherlands: | ‘Portuguese Republic | — | Caminhos-de-Ferro Portugueses, EP (CP)’. | |
| (b)—— | In point B ‘ROAD’, the following is inserted: | — | after the entries for the Hellenic Republic: | ‘Kingdom of Spain | 1. | Autopistas | 2. | Autovías | 3. | Carreteras estatales | 4. | Carreteras provinciales | 5. | Carreteras municipales’, | — | after the entries for the Kingdom of the Netherlands: | ‘Portuguese Republic | 1. | Auto-estradas | 2. | Estrades nacionais e regionais | 3. | Vias municipais | 4. | Vias florestais’. | |
| 4. Council Regulation (EEC) No 1463/70 of 20 July 1970 (OJ No L 164, 27. 7. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Regulation (EEC) No 1787/73 of 25 June 1973 (OJ No L 181, 4. 7. 1973, p. 1), | |
| — | Council Regulation (EEC) No 2828/77 of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 5), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 22 (4), ‘45’ is replaced by ‘54’. | |
| In point I.1 of Annex II, ‘9 for Spain’ is added to the words in brackets, inserted after the corresponding entry relating to Belgium, and ‘P for Portugal’ is added after the corresponding entry for Luxembourg. | |
| 5. Commission Regulation (EEC) No 281/71 of 9 February 1971 (OJ No L 33, 10. 2. 1971, p. 11), as amended by the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14). | |
| The following is added to the Annex: | |
| ‘Portuguese Republic | |
| — | Douro, a jusante da ponte D «Luis, da cidade do Porto» | |
| — | Tejo, a jusante do Carregado | |
| — | Sado, a jusante do esteiro da Marateca | |
| — | Guadiana, a jusante do Pomarao’. | |
| 6. Commission Regulation (EEC) No 2778/72 of 20 December 1972 (OJ No L 292, 29. 12. 1972, p. 22), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 1, the wording of footnote (1) is replaced by the following: | |
| ‘(1) Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland (IRL), Italy (I), Luxembourg (L), Netherlands (NL), Portugal (P), United Kingdom (GB).’ | |
| 7. Council Regulation (EEC) No 2830/77 of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 13), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 2: | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 8. Council Regulation (EEC) No 2183/78 of 19 September 1978 (OJ No L 258, 21. 9. 1978, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 2: | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 9. Council Directive 65/269/EEC of 13 May 1965 (OJ No 88, 24. 5. 1965, p. 1469/65), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 73/169/EEC of 25 June 1973 (OJ No L 181, 4. 7. 1973, p. 20), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/572/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 33). | |
| In the Annex, in each of the model authorizations, ‘seven’ is replaced by ‘nine’. | |
| 10. Council Directive 75/130/EEC of 17 February 1975 (OJ No L 48, 22. 2. 1975, p. 31), as amended by: | |
| — | Council Directive 79/5/EEC of 19 December 1978 (OJ No L 5, 9. 1. 1979, p. 33), | |
| — | Council Directive 82/3/EEC of 21 December 1981 (OJ No L 5, 9. 1. 1982, p. 12), | |
| — | Council Directive 82/603/EEC of 28 July 1982 (OJ No L 247, 23. 8. 1982, p. 6). | |
| In Article 8 (3), the following is inserted after the entry concerning the Netherlands: | |
| ‘— | Portugal: | (a) | Imposto de camionagem | (b) | Imposto de circulação’. | |
| 11. Council Decision 75/327/EEC of 20 May 1975 (OJ No L 152, 12. 6. 1975, p. 3), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 1 (1): | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 12. Commission Decision 77/527/EEC of 29 July 1977 (OJ No L 209, 17. 8. 1977, p. 29). | |
| In the Annex, the following is added to the Title: | |
| ‘ANEXO | |
| Lista de vías navegables marítimas de conformidad con el apartado 6 del artículo 3 de la Directiva 76/135/CEE | |
| ANEXO | |
| Lista das vías maritimas navegáveis nos termos do no 6 do artigo 3o Directiva 76/135/CEE’. | |
| 13. Council Directive 78/546/EEC of 12 June 1978 (OJ No L 168, 26. 6. 1978, p. 29), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Annex II, the following is inserted after the entries for Greece: | |
| ‘Spain | |
| | Andalucía | |
| | Aragón | |
| | Principado de Asturias | |
| | Comunidad Autónoma de las Islas Baleares | |
| | Canarias | |
| | Cantabria | |
| | Castilla-La Mancha | |
| | Castilla y León | |
| | Cataluña | |
| | Extremadura | |
| | Galicia | |
| | Comunidad de Madrid | |
| | Región de Murcia | |
| | Comunidad Foral de Navarra | |
| | País Vasco | |
| | La Rioja | |
| | Comunidad Valenciana | |
| | Ceuta | |
| | Melilla’, | |
| and after the entries for the Netherlands: | |
| ‘Portugal | |
| | Norte | |
| | Centro | |
| | Lisboa e vale do Tejo | |
| | Alentejo | |
| | Algarve | |
| | Açores | |
| | Madeira’. | |
| In Annex III: | |
| — | ‘Spain’ is added after ‘Greece’ and ‘Portugal’ after ‘the Netherlands’, | |
| — | ‘Spain’and ‘Portugal’ are deleted from the list of third countries. | |
| 14. Council Directive 80/1119/EEC of 17 November 1980 (OJ No L 339, 15. 12. 1980, p. 30). | |
| In Annex II, the following is inserted after the entries for Germany: | |
| ‘Spain | |
| | Andalucía | |
| | Aragón | |
| | Principado de Asturias | |
| | Comunidad Autónoma de las Islas Baleares | |
| | Canarias | |
| | Cantabria | |
| | Castilla-La Mancha | |
| | Castilla y León | |
| | Cataluña | |
| | Extremadura | |
| | Galicia | |
| | Comunidad de Madrid | |
| | Región de Murcia | |
| | Comunidad Foral de Navarra | |
| | País Vasco | |
| | La Rioja | |
| | Comunidad Valenciana | |
| | Ceuta | |
| | Melilla’, | |
| and after the entries for the Netherlands: | |
| ‘Portugal | |
| | Norte | |
| | Centro | |
| | Lisboa e vale do Tejo | |
| | Alentejo | |
| | Algarve | |
| | Açores | |
| | Madeira’. | |
| In Annex III, the list of countries is amended as follows: | |
| — | The first part is replaced by the following: | ‘I. | Countries of the European Community | 01. | Belgium | 02. | Denmark | 03. | Federal Republic of Germany | 04. | Greece | 05. | Spain | 06. | France | 07. | Ireland | 08. | Italy | 09. | Luxembourg | 10. | Netherlands | 11. | Portugal | 12. | United Kingdom’ | |
| — | Numbers 11 to 23 become 13 to 25. | |
| In Annex IV, tables 7 (a), 7 (b), 8 (a) and 8 (b) the heading ‘EUR-10’ is replaced by ‘EUR-12’. | |
| In Annex IV, tables 10 (a) and 10 (b), in the left-hand column, the heading ‘EUR-10’ is replaced by ‘EUR-12’.and the terms ‘Spain’ and ‘Portugal’ are added. | |
| 15. Council Directive 80/1177/EEC of 4 December 1980 (OJ No L 350, 23. 12. 1980, p. 23). | |
| The following is added to Article 1 (2) (a): | |
| ‘RENFE:Red Nacional de los Ferrocarriles Españoles, SpainCP:Caminhos-de-Ferro Portugueses, Portugal.’ | |
| In Annex II, the following is inserted after the entries for Greece: | |
| ‘Spain | |
| | Andalucía | |
| | Aragón | |
| | Principado de Asturias | |
| | Comunidad Autónoma de las Islas Baleares | |
| | Canarias | |
| | Cantabria | |
| | Castilla-La Mancha | |
| | Castilla y León | |
| | Cataluña | |
| | Extremadura | |
| | Galicia | |
| | Comunidad de Madrid | |
| | Región de Murcia | |
| | Comunidad Foral de Navarra | |
| | País Vasco | |
| | La Rioja | |
| | Comunidad Valenciana | |
| | Ceuta | |
| | Melilla’, | |
| and after the entries for the Netherlands: | |
| ‘Portugal | |
| | Norte | |
| | Centro | |
| | Lisboa e vale do Tejo | |
| | Alentejo | |
| | Algarve | |
| | Açores | |
| | Madeira’. | |
| Annex III is amended as follows: | |
| — | Part I is replaced by the following: | ‘I. | Countries of the European Community | 01. | Belgium | 02. | Denmark | 03. | Federal Republic of Germany | 04. | Greece | 05. | Spain | 06. | France | 07. | Ireland | 08. | Italy | 09. | Luxembourg | 10. | Netherlands | 11. | Portugal | 12. | United Kingdom’. | |
| — | In Part II, numbers 11 to 14 become 13 to 16 respectivelyand the present references ‘15 Spain’ and ‘16 Portugal’ are deleted. | |
| 16. First Council Directive 80/1263/EEC of 4 December 1980 (OJ No L 375, 31. 12. 1980, p. 1). | |
| In Annex I, the title of the specimen Community model licence is supplemented by ‘Permiso de Conducción’and ‘Carta de Condução’. | |
| 17. Council Decision 82/529/EEC of 19 July 1982 (OJ No L 234, 9. 8. 1982, p. 5). | |
| In Article 1 (1): | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| 18. Council Directive 83/416/EEC of 25 July 1983 (OJ No L 237, 26. 8. 1983, p. 19). | |
| In Annex A: | |
| ‘Spain | Palma de Mallorca | 1 | |
| Madrid/Barajas | 1 | |
| Málaga | 1 | |
| Las Palmas | 1 | |
| Tenerife/Sur | 2 | |
| Barcelona | 2 | |
| Ibiza | 2 | |
| Alicante | 2 | |
| Gerona | 2’ | |
| is added after the entries for Greece. | |
| 19. Council Decision 83/418/EEC of 25 July 1983 (OJ No L 237, 26. 8. 1983, p. 32). | |
| In Article 1 (1): | |
| ‘— | Red Nacional de los ferrocarriles espanoles (RENFE)’ | |
| is inserted after: | |
| ‘— | Οργανισμός Σιδηροδρόμων Ελλάδας ΑΕ (ΟΣΕ)’, | |
| and: | |
| ‘— | Caminhos-de-Ferro Portugueses, EP (CP)’ | |
| is inserted after: | |
| ‘— | Naamloze Vennootschap Nederlandse Spoorwegen (NS)’. | |
| IV. COMPETITION | |
| ECSC Acts | |
| 1. Commission Decision 72/443/ECSC of 22 December 1972 (OJ No L 297, 30. 12. 1972, p. 45), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 2: | |
| ‘Hulleras del Norte SA, Oviedo, | |
| Empresa Nacional Carbonífera del Sur, Madrid, | |
| Minero Siderúrgica de Ponferrada SA, León, | |
| Empresa Nacional de Electricidad SA, Puentes de García Rodríguez.’ | |
| The following is added to Article 3 (1): | |
| ‘(j) | In Spain: | — | the area comprising the provinces of Guipúzcoa, Vizcaya, Cantabria, Asturias, Lugo, La Coruña, Pontevedra, León and Palencia, | — | all other Spanish provinces; | |
| (k) | Portugal.’ | |
| 2. Commission Decision No 3073/73/ECSC of 31 October 1973 (OJ No L 314, 15. 11. 1973, p. 1). | |
| In Article 1, ‘and of the European territory of the Republic of Portugal’ is deleted. | |
| 3. Commission Decision No 2030/82/ECSC of 26 July 1982 (OJ No L 218, 27. 7. 1982, p. 13). | |
| The table in the Annex is amended and supplemented as follows: | |
| — | two columns numbered ‘12’ and ‘13’ respectively are added to the columns of breakdown by Community country, | |
| — | the numbering of columns 12, 13 and 14 is replaced by 14, 15 and 16 respectively, | |
| — | in the column headed ‘Total deliveries of substandard products and seconds’, the numbering is replaced by 01 (02 to 15), | |
| — | in footnote (3) ‘12: Spain, 13: Portugal’ is added, | |
| — | in footnote (4), ‘12’ is replaced by ‘14’and the reference ‘Portugal’ is deleted. | |
| 4. Commission Decision No 3483/82/ECSC of 17 December 1982 (OJ No L 370, 29. 12. 1982, p. 1), as amended by Commission Decision No 1826/83/ECSC of 1 July 1983 (OJ No L 180, 5. 7. 1983, p. 13). | |
| In the tables in Annexes I and II, the following columns are added: | |
| ‘Spain | Portugal | |
| 11 | 12’, | |
| and the number of the last column ‘Community Total’ is replaced in consequence by ‘13’. | |
| EEC Acts | |
| 5. Council Regulation No 17 of 6 February 1962 (OJ No 13, 21. 2. 1962, p. 204/62), as amended by: | |
| — | Council Regulation No 59 of 3 July 1962 (OJ No 58, 10. 7. 1962, p. 1655/62), | |
| — | Council Regulation No 118/63/EEC of 5 November 1963 (OJ No 162, 7. 11. 1963, p. 2696/63), | |
| — | Council Regulation No 2822/71 of 20 December 1971 (OJ No L 285, 29. 12. 1971, p. 49), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| Article 25 (5) is replaced by the following: | |
| ‘5. The provisions of paragraphs 1 to 4 above still apply in the same way in the case of the accession of the Hellenic Republic, the Kingdom of Spain and of the Portuguese Republic.’ | |
| 6. Commission Regulation No 27 of 3 May 1962 (OJ No L 35, 10. 5. 1962, p. 1118/62), as amended by | |
| — | Commission Regulation (EEC) No 1133/68 of 26 July 1968 (OJ No L 189, 1. 8. 1968, p. 1), | |
| — | Commission Regulation (EEC) No 1699/75 of 2 July 1975 (OJ No L 172, 3. 7. 1975, p. 11), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 2 (1), ‘eleven’ is replaced by ‘thirteen’. | |
| 7. Council Regulation No 19/65/EEC of 2 March 1965 (OJ No 36, 6. 3. 1965, p. 533/65), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The final subparagraph of Article 4 (1) is replaced by the following: | |
| ‘The provisions of the preceding subparagraph shall apply in the same way in the case of the accession of the Hellenic Republic, the Kingdom of Spain and of the Portuguese Republic.’ | |
| The following is added to Article 4 (2): | |
| ‘Paragraph 2 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of the Kingdom of Spain and of the Portuguese Republic and which must be notified before 1 July 1986, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified before that date.’ | |
| 8. Commission Regulation 67/67/EEC of 22 March 1967 (OJ No 57, 25. 3. 1967, p. 849/67), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Commission Regulation (EEC) No 2591/72 of 8 December 1972 (OJ No L 276, 9. 12. 1972, p. 15), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 3577/82 of 23 December 1982 (OJ No L 373, 31. 12. 1982, p. 58). | |
| The last sentence of Article 5 is replaced by the following: | |
| ‘This provision shall apply in the same way in the case of the accession of the Hellenic Republic, the Kingdom of Spain and of the Portuguese Republic.’ | |
| 9. Council Regulation (EEC) No 2821/71 of 20 December 1971 (OJ No L 285, 29. 12. 1971, p. 46), as amended by: | |
| — | Council Regulation (EEC) No 2743/72 of 19 December 1972 (OJ No L 291, 28. 12. 1972, p. 144), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The final subparagraph of Article 4 (1) is replaced by the following: | |
| ‘The provisions of the preceding subparagraph shall apply in the same way in the case of the accession of the Hellenic Republic, the Kingdom of Spain and of the Portuguese Republic.’ | |
| The following is added to Article 4 (2): | |
| ‘Paragraph 2 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of the Kingdom of Spain and of the Portuguese Republic and which must be notified before 1 July 1986, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified before that date.’ | |
| 10. Commission Regulation (EEC) No 1983/83 of 22 June 1983 (OJ No L 173, 30. 6. 1983, p. 1). | |
| The following is added to Article 7: | |
| ‘The provisions of the preceding paragraph shall apply in the same way to agreements which were in force on the date of accession of the Kingdom of Spain and of the Portuguese Republic and which, as a result of accession, fall within the scope of Article 85 (1) of the Treaty.’ | |
| 11. Commission Regulation (EEC) No 1984/83 of 22 June 1983 (OJ No L 173, 30. 6. 1983, p. 5). | |
| The following is added to Article 15: | |
| ‘4. The provisions of the preceding paragraphs shall apply in the same way to the agreements referred to respectively in those paragraphs, which were in force on the date of accession of the Kingdom of Spain and of the Portuguese Republic and which, as a result of accession, fall within the scope of Article 85 (1) of the Treaty.’ | |
| 12. Commission Regulation (EEC) No 2349/84 of 23 July 1984 (OJ No L 219, 16. 8. 1984, p. 15). | |
| The following is added to Article 8: | |
| ‘3. As regards agreements to which Article 85 of the Treaty applies as a result of the accession of the Kingdom of Spain and of the Portuguese Republic, Articles 6 and 7 shall apply except that the relevant dates shall be 1 January 1986 instead of 13 March 1962 and 1 July 1986 instead of 1 February 1963, 1 January 1967 and 1 April 1985. The amendment made to these agreements in accordance with Article 7 need not be notified to the Commission.’ | |
| 13. Commission Regulation (EEC) No 123/85 of 12 December 1984 (OJ No L 15, 18. 1. 1985, p. 16). | |
| The following is added to Article 9: | |
| ‘3. As regards agreements to which Article 85 of the Treaty applies as a result of the accession of the Kingdom of Spain and of the Portuguese Republic, Articles 7 and 8 shall apply except that the relevant dates shall be 1 January 1986 instead of 13 March 1962 and 1 July 1986 instead of 1 February 1963, 1 January 1967 and 1 October 1985. The amendment made to the agreements in accordance with Article 8 need not be notified to the Commission.’ | |
| 14. Commission Regulation (EEC) No 417/85 of 19 December 1984 (OJ No L 53, 22. 2. 1985, p. 1). | |
| The following Article is inserted: | |
| ‘Article 9a | |
| The prohibition in Article 85 (1) of the Treaty shall not apply to the specialization agreements which were in existence at the date of the accession of the Kingdom of Spain and of the Portuguese Republic and which, by reason of this accession, fall within the scope of Article 85 (1), if, before 1 July 1986, they are so amended that they comply with the conditions laid down in this Regulation.’ | |
| 15. Commission Regulation (EEC) No 418/85 of 19 December 1984 (OJ No L 53, 22. 2. 1985, p. 5). | |
| The following is added to Article 11: | |
| ‘6. As regards agreements to which Article 83 of the Treaty applies as a result of the accession of the Kingdom of Spain and of the Portuguese Republic, paragraphs 1 to 3 shall apply except that the relevant dates should be 1 January 1986 instead of 13 March 1962 and 1 July 1986 instead of 1 February 1963, 1 January 1967, 1 March 1985 and 1 September 1985. The amendment made to the agreements in accordance with the provisions of paragraph 3 need not be notified to the Commission.’ | |
| V. TAXATION | |
| 1. Council Directive 69/335/EEC of 17 July 1969 (OJ No L 249, 3. 10. 1969, p. 25), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 73/79/EEC of 9 April 1973 (OJ No L 103, 18. 4. 1973, p. 13), | |
| — | Council Directive 73/80/EEC of 9 April 1973 (OJ No L 103, 18. 4. 1973, p. 15), | |
| — | Council Directive 74/553/EEC of 7 November 1974 (OJ No L 303, 13. 11. 1974, p. 9), | |
| — | The 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 3 (1) (a): | |
| — | in the introductory paragraph, a reference to companies under ‘Spanish’ and ‘Portuguese’ law, | |
| — | in the first indent, ‘sociedad anonima’ and ‘sociedade anonima’, | |
| — | in the second indent, ‘sociedad comanditaria por acciones’ and ‘sociedade em comandita por acçoes’, | |
| — | in the third indent, ‘sociedad de responsabilidad limitada’and ‘sociedade por quotas’. | |
| 2. Sixth Council Directive 77/388/EEC of 17 May 1977 (OJ No L 145, 13. 6. 1977, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Eleventh Council Directive 80/368/EEC of 26 March 1980 (OJ No L 90, 3. 4. 1980, p. 41), | |
| — | Tenth Council Directive 84/386/EEC of 31 July 1984 (OJ No L 208, 3. 8. 1984, p. 58). | |
| The following is added to Article 3 (2): | |
| ‘— | Kingdom of Spain: | Canary Islands | Centa et Melilla.’ | |
| The following is added to Article 12: | |
| ‘6. The Portuguese Republic may apply to transactions carried out in the autonomous regions of the Azores and Madeira and to direct imports to those regions, reduced rates in comparison to those applying on the mainland.’ | |
| The following is added to Article 15: | |
| ‘15. The Portuguese Republic may treat sea and air transport between the islands making up the autonomous regions of the Azores and Madeira and between those regions and the mainland in the same way as international transport.’ | |
| 3. Council Directive 72/464/EEC of 19 December 1972 (OJ No L 303, 31. 12. 1972, p. 1), as amended by: | |
| — | Council Directive 74/318/EEC of 25 June 1974 (OJ No L 180, 30. 7. 1974, p. 30), | |
| — | Council Directive 75/786/EEC of 18 December 1975 (OJ No L 330, 24. 12. 1975, p. 51), | |
| — | Council Directive 76/911/EEC of 21 December 1976 (OJ No L 354, 24. 12. 1976, p. 33), | |
| — | Council Directive 77/805/EEC of 19 December 1977 (OJ No L 338, 28. 12. 1977, p. 22), | |
| — | Council Directive 80/369/EEC of 26 March 1980 (OJ No L 90, 3. 4. 1980, p. 42), | |
| — | Council Directive 80/1275/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 76), | |
| — | Council Directive 81/463/EEC of 24 June 1981 (OJ No L 183, 4. 7. 1981, p. 32), | |
| — | Council Directive 82/2/EEC of 21 December 1981 (OJ No L 5, 9. 1. 1982, p. 11), | |
| — | Council Directive 82/877/EEC of 21 December 1982 (OJ No L 369, 29. 12. 1982, p. 36), | |
| — | Council Directive 84/217/EEC of 10 April 1984 (OJ No L 104, 17. 4. 1984, p. 18). | |
| The following is added to Article 12 (1): | |
| ‘The Kingdom of Spain need not bring into force the provisions of this Directive to apply to the Canary Islands.’ | |
| 4. Second Council Directive 79/32/EEC of 18 December 1978 (OJ No L 10, 16. 1. 1979, p. 8), as amended by Council Directive 80/369/EEC of 26 March 1980 (OJ No L 90, 3. 4. 1980, p. 42). | |
| The following is added to Article 9 (2): | |
| ‘The Kingdom of Spain need not bring into force the provisions of this Directive to apply to the Canary Islands.’ | |
| 5. Council Directive 77/799/EEC of 19 December 1977 (OJ No L 336, 27. 12. 1977, p. 15), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 79/1070/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 8), | |
| The following is added to Article 1 (3): | |
| ‘in Spain: | Impuesto sobre la Renta de las Personas Físicas | Impuesto sobre Sociedades | Impuesto Extraordinario sobre el Patrimonio de las Personas Físicas | |
| in Portugal: | Contribuição predial | Imposto sobre a indústria agrícola | Contribuição industrial | Imposto de capitais | Imposto profissional | Imposto complementar | Imposto de mais-valias | Imposto sobre o rendimento do petróleo | Os adicionais devidos sobre os impostos precedentes’. | |
| The following is added to Article 1 (5): | |
| ‘in Spain: | El Ministro de Economía y Hacienda or an authorized representative | |
| in Portugal: | O Ministro das Finanças or an authorized representative’. | |
| 6. Eighth Council Directive 79/1072/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 11). | |
| Annex C is supplemented as follows: | |
| — | In point D, the following additions are made: | ‘— | Spain: … | — | Portugal: …’. | |
| — | In point I, to both tables there shall be added: | — | ‘… Pta | — | … Esc’. | |
| 7. Council Directive 83/182/EEC of 28 March 1983 (OJ No L 105, 23. 4. 1983, p. 59). | |
| The following is added to the Annex: | |
| ‘SPAIN | |
| — | Tributos Locales sobre circulación de vehículos automóviles (establecido en base a la Ley 41/1979,de 19 de noviembre, de Bases de Régimen Local y al Real Decreto 3250/1976, de 30 de diciembre) | |
| PORTUGAL | |
| — | Imposto sobre veículos (Decreto-Lei no 143/78, de 12 de Junho) | |
| — | Imposto de compensação (Decreto-Lei no 354-A/82, de 9 de Setembro)’. | |
| VI. ECONOMIC POLICY | |
| 1. Council Decision of 18 March 1958 (OJ No 17, 6. 10. 1958, p. 390/58), as amended by: | |
| — | Council Decision of 2 April 1962 (OJ No 32, 30. 4. 1962, p. 1064/62), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Decision 76/332/EEC of 25 March 1976 (OJ No L 84, 31. 3. 1976, p. 56), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 7, ‘twelve’ is replaced by ‘fourteen’. | |
| In the first paragraph of Article 10, ‘twelve’ is replaced by ‘fourteen’. | |
| 2. Council Decision 71/143/EEC of 22 March 1971 (OJ No L 73, 27. 3. 1971, p. 15), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Decision 75/785/EEC of 18 December 1975 (OJ No L 330, 24. 12. 1975, p. 50), | |
| — | Council Decision 78/49/EEC of 19 December 1977 (OJ No L 14, 18. 1. 1978, p. 14), | |
| — | Council Decision 78/1041/EEC of 21 December 1978 (OJ No L 379, 30. 12. 1978, p. 3), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Decision 80/1264/EEC of 15 December 1980 (OJ No L 375, 31. 12. 1980, p. 16), | |
| — | Council Decision 82/871/EEC of 17 December 1982 (OJ No L 368, 28. 12. 1982, p. 43), | |
| — | Council Decision 84/655/EEC of 10 December 1984 (OJ No L 341, 29. 12. 1984, p. 90). | |
| The Annex is replaced by the following: | |
| ‘ANNEX" | |
| | Million ECU | Percentage | |
| Belgium | 1 000 | 6,28 | |
| Denmark | 465 | 2,92 | |
| Germany | 3 105 | 19,50 | |
| Greece | 270 | 1,69 | |
| Spain | 1 295 | 8,13 | |
| France | 3 105 | 19,50 | |
| Ireland | 180 | 1,13 | |
| Italy | 2 070 | 13,00 | |
| Luxembourg | 35 | 0,22 | |
| Netherlands | 1 035 | 6,50 | |
| Portugal | 260 | 1,63 | |
| United Kingdom | 3 105 | 19,50 | |
| Total | 15 925 | 100 ’ | |
| VII. COMMERCIAL POLICY | |
| EEC Acts | |
| 1. Council Regulation (EEC) No 1023/70 of 25 May 1970 (OJ No L 124, 8. 6. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 11 (2), ‘forty-five’ is replaced by ‘fifty-four’. | |
| 2. Council Regulation (EEC) No 3588/82 of 23 December 1982 (OJ No L 374, 31. 12. 1982, p. 47), as amended by: | |
| — | Council Regulation (EEC) No 194/84 of 4 January 1984 (OJ No L 26, 30. 1. 1984, p. 1), | |
| — | Council Regulation (EEC) No 1475/84 of 24 May 1984 (OJ No L 143, 30. 5. 1984, p. 6). | |
| The second indent of Article 18 (3) of Annex V is replaced by the following: | |
| ‘— | two letters identifying the Member State of intended destination as follows: | BL | = | Benelux | DE | = | Federal Republic of Germany | DK | = | Denmark | ES | = | Spain | FR | = | France | GB | = | United Kingdom | GR | = | Greece | IE | = | Ireland | IT | = | Italy | PT | = | Portugal’. | |
| 3. Council Regulation (EEC) No 3589/82 of 23 December 1982 (OJ No L 374, 31. 12. 1982, p. 106), as amended by Council Regulation (EEC) No 3762/83 of 19 December 1983 (OJ No L 380, 31. 12. 1983, p. 1). | |
| The second indent of Article 18 (3) of Annex V is replaced by the following: | |
| ‘— | two letters identifying the Member State of intended destination as follows: | BL | = | Benelux | DE | = | Federal Republic of Germany | DK | = | Denmark | ES | = | Spain | FR | = | France | GB | = | United Kingdom | GR | = | Greece | IE | = | Ireland | IT | = | Italy | PT | = | Portugal’. | |
| 4. Council Regulation (EEC) No 2072/84 of 29 June 1984 (OJ No L 198, 27. 7. 1984, p. 1). | |
| The second indent of Article 18 (3) of Annex V is replaced by the following: | |
| ‘— | two letters identifying the Member State of intended destination as follows: | BL | = | Benelux | DE | = | Federal Republic of Germany | DK | = | Denmark | ES | = | Spain | FR | = | France | GB | = | United Kingdom | GR | = | Greece | IE | = | Ireland | IT | = | Italy | PT | = | Portugal’. | |
| 5. Council Directive 70/509/EEC of 27 October 1970 (OJ No L 254, 23. 11. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Annex A, the following is added to the footnote on the first page: | |
| ‘Spain | : | Compañía Espanõla de Seguro de Créditos a la Exportación (CESCE); | |
| Portugal | : | COSEC — Companhia de Seguro de Créditos, EP.’ | |
| 6. Council Directive 70/510/EEC of 27 october 1970 (OJ No L 254, 23. 11. 1970, p. 26), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Annex A, the following is added to the footnote on the first page: | |
| ‘Spain | : | Compañía Espanõla de Seguro de Créditos a la Exportación (CESCE); | |
| Portugal | : | COSEC — Companhia de Seguro de Créditos, EP’. | |
| 7. Council Decision 73/391/EEC of 3 December 1973 (OJ No L 346, 17. 12. 1973, p. 1), as amended by Council Decision 76/641/EEC of 27 July 1976 (OJ No L 223, 16. 8. 1976, p. 25). | |
| In Articles 3 (2) and 10 (2) of the Annex, ‘five’ is replaced by ‘six’. | |
| 8. Council Decision of 4 April 1978 on the application of certain guidelines in the field of officially supported export credits (not published), as extended by the Council Decisions of 16 November 1978, 12 June 1979, 10 December 1979, 28 May 1980, 8 December 1980, 3 March 1981, 20 July 1981, 16 November 1981, 28 July 1982, 16 May 1983, 9 August 1983 and 26 October 1983, as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | the Council Decisions of 27 June 1980, 16 November 1981, 28 July 1982, 21 February 1983, 26 October 1983 and 23 October 1984. | |
| In Annex D ‘List of participants’, ‘Spain’ and ‘Portugal’ are deleted from the list of third countries andincluded in the footnote listing the Member States of the Community. | |
| VIII. SOCIAL POLICY | |
| 1. Council Regulation (EEC) No 1408/71 of 14 June 1971, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6). | |
| Article 23 (1) is replaced by the following: | |
| ‘1. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on average earnings or on average contributions, shall determine such average earnings or contributions exclusively by reference to earnings or contributions completed under the said legislation.’ | |
| The following is added to Article 45: | |
| ‘7. Where the legislation of a Member State which makes the granting of benefits conditional upon an employed or self-employed person being subject to its legislation at the time when the risk materializes, lays down a requirement as to the length of insurance periods for entitlement to benefits, any employed or self-employed person who is no longer subject to that legislation shall, for the purposes of this Chapter, be deemed to be still so subject at the time when the risk materializes, if at that time he is subject to the legislation of another Member State or, failing this, can establish a claim to benefits under the legislation of another Member State. However, this latter condition shall be deemed to be satisfied in the case referred to in Article 48 (1).’ | |
| The following is added to Article 47 (1): | |
| ‘(e) | where, under the legislation of a Member State benefits are calculated on the basis of average contributions, the competent institution shall determine that average exclusively by reference to those periods of insurance completed under the legislation of the said State.’ | |
| In Article 82 (1), ‘60’ is replaced by ‘72’. | |
| Annex I is replaced by the following: | |
| ‘ANNEX I | |
| PERSONS COVERED BY THE REGULATION | |
| I. Employed persons and/or self-employed persons | |
| (Article 1 (a) (ii) and (iii) of the Regulation) | |
| A. BELGIUM | |
| Does not apply. | |
| B. DENMARK | |
| 1. | Any person who, from the fact of pursuing an activity as an employed person, is subject: | (a) | to the legislation on accidents at work and occupational diseases for the period prior to 1 September 1977; | (b) | to the legislation on supplementary pensions for employed persons (arbejdsmarkedets tillaegspension, ATP) for a period commencing on or after 1 September 1977, | shall be considered as an employed person within the meaning of Article 1 (a) (ii) of the Regulation. | |
| 2. | Any person who, pursuant to the law on daily cash benefits in the event of sickness or maternity, is entitled to such benefits on the basis of an earned income other than a wage or salary shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. | |
| C. GERMANY | |
| If the competent institution for granting family benefits in accordance with Chapter 7 of Title III of the Regulation is a German institution, then within the meaning of Article 1 (a) (ii) of the Regulation: | |
| (a) | “employed person” means any person compulsorily insured against unemployment or any person who, as a result of such insurance, obtains cash benefits under sickness insurance or comparable benefits; | |
| (b) | “self-employed person” means any person pursuing self-employment which is bound: | — | to join, or pay contributions in respect of, an old-age insurance within a scheme for self-employed persons, or | — | to join a scheme within the framework of compulsory pension insurance. | |
| D. SPAIN | |
| Does not apply. | |
| E. FRANCE | |
| Does not apply. | |
| F. GREECE | |
| 1. | Persons insured under the OGA scheme who pursue exclusively activities as employed persons or who are or have been subject to the legislation of another Member State and who consequently are or have been “employed persons” within the meaning of Article 1 (a) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the Regulation. | |
| 2. | For the purposes of granting the national family allowances, persons referred to in Article 1 (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (ii) of the Regulation. | |
| G. IRELAND | |
| 1. | Any person who is compulsorily or voluntarily insured pursuant to the provisions of Sections 5 and 37 of the Social Welfare (Consolidation) Act 1981 shall be considered an employed person within the meaning of Article 1 (a) (ii) of the Regulation. | |
| 2. | Any person who is pursuing a professional or trade activity without a contract of employment or who has retired from such activity shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. As regards sickness benefits in kind, the person concerned must also be entitled to such benefits under Section 45 or 46 of the Health Act 1970. | |
| H. ITALY | |
| Does not apply. | |
| I. LUXEMBOURG | |
| Does not apply. | |
| J. NETHERLANDS | |
| Any person pursuing an activity or occupation without a contract of employment shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. | |
| K. PORTUGAL | |
| Does not apply. | |
| L. UNITED KINGDOM | |
| Any person who is an “employed earner” or a “self-employed earner” within the meaning of the legislation of Great Britain or of the legislation of Northern Ireland shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. Any person in respect of whom contributions are payable as an “employed person” or a “self-employed person” in accordance with the legislation of Gibraltar shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. | |
| II. Members of the family | |
| (Second sentence of Article 1 (f) of the Regulation) | |
| A. BELGIUM | |
| Does not apply. | |
| B. DENMARK | |
| For the purpose of determining entitlement to benefits in kind pursuant to Articles 22 (1) (a) and 31 of the Regulation, “member of the family” means any person regarded as a member of the family under the law on the Public Health Service. | |
| C. GERMANY | |
| Does not apply. | |
| D. SPAIN | |
| Does not apply. | |
| E. FRANCE | |
| Does not apply. | |
| F. GREECE | |
| Does not apply. | |
| G. IRELAND | |
| For the purpose of determining entitlement to benefits in kind pursuant to Articles 22 (1) (a) and 31 of the Regulation, “member of the family” means any person regarded as a dependant of the employed or self-employed person for the purposes of the Health Acts 1947 to 1970. | |
| H. ITALY | |
| Does not apply. | |
| I. LUXEMBOURG | |
| Does not apply. | |
| J. NETHERLANDS | |
| Does not apply. | |
| K. PORTUGAL | |
| Does not apply. | |
| L. UNITED KINGDOM | |
| For the purpose of determining entitlement to benefits in kind pursuant to Articles 22 (1) (a) and 31 of the Regulation, “member of the family“ means: | |
| (a) | as regards the legislation of either Great Britain or Northern Ireland, any person regarded as a dependant within the meaning of the Social Security Act 1975 or, as the case may be, the Social Security (Northern Ireland) Act 1975; | |
| (b) | as regards the legislation of Gibraltar, any person regarded as a dependant within the meaning of the Group Practice Medical Scheme Ordinance 1973.’ | |
| Annex II is replaced by the following: | |
| ‘ANNEX II | |
| (Article 1 (j) and (u) of the Regulation) | |
| I. Special schemes for self-employed persons excluded from the scope of the Regulation pursuant to the fourth sub-paragraph of Article 1 (j) | |
| A. BELGIUM | |
| Does not apply. | |
| B. DENMARK | |
| Does not apply. | |
| C. GERMANY | |
| Insurance and welfare institutions (Versicherungs- und Versorgungswerke) for doctors, dentists, veterinary surgeons, dispensing chemists, barristers and counsel, patent agents (Patentanwälte), notaries public, auditors (Wirtschaftsprüfer), tax consultants and advisers (Steuerbevollmächtigte), sea pilots (Seelotsen) and architects, set up pursuant to legislation of the Länder, and other insurance and welfare institutions, in particular welfare funds (Fürsorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung). | |
| D. SPAIN | |
| 1. | Free welfare systems, which complement or supplement the social security systems, administered by institutions governed by the General Law on Social Security of 6 December 1941 and its Regulation of 26 May 1943: | (a) | either with regard to benefits which complement or supplement those of social security; | (b) | or with regard to mutual insurance associations for whose integration into the social security system there is no provision under point 7 of the sixth transitional provision of the General Law on Social Security of 30 May 1974, and which consequently are not substituted for the institutions of the compulsory social security system. | |
| 2. | Welfare system and/or with the character of social assistance or a charity, managed by institutions not subject to the General Law on Social Security or to the Law of 6 December 1941. | |
| E. FRANCE | |
| 1. | Self-employed persons outside the agricultural sphere: | (a) | the supplementary old-age insurance schemes and the invalidity and death insurance schemes for self-employed persons, such as are mentioned in Articles L 658, L 659, L 663-11, L 663-12, L 682 and L 683-1 of the Social Security Code; | (b) | the additional benefits referred to in Article 9 of Law No 66.509 of 12 July 1966. | |
| 2. | Self-employed persons in agriculture: | The types of insurance set out in Articles 1049 and 1234.19 of the Rural Code, concerning, on the one hand, sickness, maternity and old-age and, on the other, accidents at work and occupational diseases of self-employed persons in agriculture. | |
| F. GREECE | |
| Does not apply. | |
| G. IRELAND | |
| Does not apply. | |
| H. ITALY | |
| Does not apply. | |
| I. LUXEMBOURG | |
| Does not apply. | |
| J. NETHERLANDS | |
| Does not apply. | |
| K. PORTUGAL | |
| Does not apply. | |
| L. UNITED KINGDOM | |
| Does not apply. | |
| II. Special childbirth allowances excluded from the scope of the Regulation pursuant to Article 1 (u) | |
| A. BELGIUM | |
| Childbirth allowance. | |
| B. DENMARK | |
| None. | |
| C. GERMANY | |
| None. | |
| D. SPAIN | |
| None. | |
| E. FRANCE | |
| (a) | Prenatal allowances. | |
| (b) | Postnatal allowances. | |
| F. GREECE | |
| None. | |
| G. IRELAND | |
| None. | |
| H. ITALY | |
| None. | |
| I. LUXEMBOURG | |
| Childbirth allowances. | |
| J. NETHERLANDS | |
| None. | |
| K. PORTUGAL | |
| None. | |
| L. UNITED KINGDOM | |
| None.’ | |
| Annex III is replaced by the following: | |
| ‘ANNEX III | |
| (Articles 7 (2) (c) and 3 (3) of the Regulation) | |
| Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation — Provisions of social security conventions which do not apply to all persons to whom the Regulation applies | |
| GENERAL COMMENTS | |
| 1. In so far as the provisions contained in this Annex provide for references to the provisions of other conventions, those references shall be replaced by references to the corresponding provisions of this Regulation, unless the provisions of the conventions in question are themselves contained in this Annex. | |
| 2. The termination clause provided for in a social security convention, some of whose provisions are contained in this Annex, shall continue to apply as regards those provisions. | |
| A | |
| Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation | |
| (Article 7 (2) (c) of the Regulation) | |
| 1. BELGIUM — DENMARK | |
| No convention. | |
| 2. BELGIUM — GERMANY | |
| (a) | Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of 10 November 1960. | |
| (b) | Complementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, as in the Complementary Protocol of 10 November 1960 (payment of pensions for the period preceding the entry into force of the General Convention). | |
| 3. BELGIUM — SPAIN | |
| None. | |
| 4. BELGIUM — FRANCE | |
| (a) | Articles 13, 16 and 23 of the Complementary Agreement of 17 January 1948 to the General Convention of that date (workers in mines and similar undertakings). | |
| (b) | The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General Convention of 17 January 1948). | |
| (c) | The exchange of letters of 29 July 1953 on allowances to elderly employed persons. | |
| 5. BELGIUM — GREECE | |
| Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April 1958. | |
| 6. BELGIUM — IRELAND | |
| No convention. | |
| 7. BELGIUM — ITALY | |
| Article 29 of the Convention of 30 April 1948. | |
| 8. BELGIUM — LUXEMBOURG | |
| (a) | Articles 3, 4, 5, 6 and 7 of the Convention of 16 November 1959, as in the Convention of 12 February 1964 (frontier workers). | |
| (b) | The exchange of letters of 10 and 12 July 1968 concerning self-employed persons. | |
| 9. BELGIUM — NETHERLANDS | |
| None. | |
| 10. BELGIUM — PORTUGAL | |
| None. | |
| 11. BELGIUM — UNITED KINGDOM | |
| None. | |
| 12. DENMARK — GERMANY | |
| (a) | Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953. | |
| (b) | The Complementary Agreement of 14 August 1953 to the Convention mentioned above. | |
| 13. DENMARK — SPAIN | |
| No convention. | |
| 14. DENMARK — FRANCE | |
| None. | |
| 15. DENMARK — GREECE | |
| No convention. | |
| 16. DENMARK — IRELAND | |
| No convention. | |
| 17. DENMARK — ITALY | |
| No convention. | |
| 18. DENMARK — LUXEMBOURG | |
| No convention. | |
| 19. DENMARK — NETHERLANDS | |
| No convention. | |
| 20. DENMARK — PORTUGAL | |
| No convention. | |
| 21. DENMARK — UNITED KINGDOM | |
| None. | |
| 22. GERMANY — SPAIN | |
| None. | |
| 23. GERMANY — FRANCE | |
| (a) | Articles 11 (1), 16 (second paragraph) and 19 of the General Convention of 10 July 1950. | |
| (b) | Article 9 of Complementary Agreement No 1 of 10 July 1950 to the General Convention of the same date (workers in mines and similar undertakings). | |
| (c) | Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in added Section No 2 of 18 June 1955. | |
| (d) | Titles I and III of added Section No 2 of 18 June 1955. | |
| (e) | Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date. | |
| (f) | Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). | |
| 24. GERMANY — GREECE | |
| (a) | Article 5 (2) of the General Convention of 25 April 1961. | |
| (b) | Articles 8 (1), (2) (b) and (3), 9 to 11 and Chapters I and IV, in so far as they concern these Articles, of the Convention on unemployment insurance of 31 May 1961, together with the note in the minutes of 14 June 1980. | |
| 25. GERMANY — IRELAND | |
| No convention. | |
| 26. GERMANY — ITALY | |
| (a) | Articles 3 (2), 23 (2), 26 and 36 (3) of the Convention of 5 May 1953 (social insurance). | |
| (b) | The Complementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions for the period preceding the entry into force of the Convention. | |
| 27. GERMANY — LUXEMBOURG | |
| Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (Ausgleichsvertrag) (settlement of the dispute between Germany and Luxembourg). | |
| 28. GERMANY — NETHERLANDS | |
| (a) | Article 3 (2) of the Convention of 29 March 1951. | |
| (b) | Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). | |
| 29. GERMANY — PORTUGAL | |
| Article 5 (2) of the Convention of 6 November 1964. | |
| 30. GERMANY — UNITED KINGDOM | |
| (a) | Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social security of 20 April 1960. | |
| (b) | Articles 2 to 7 of the Final Protocol to the Convention on social security of 20 April 1960. | |
| (c) | Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960. | |
| 31. SPAIN — FRANCE | |
| None. | |
| 32. SPAIN — GREECE | |
| No convention. | |
| 33. SPAIN — IRELAND | |
| No convention. | |
| 34. SPAIN — ITALY | |
| Articles 5, 18 (1) (c) and 23 of the Convention on social security of 30 October 1979. | |
| 35. SPAIN — LUXEMBOURG | |
| (a) | Article 5 (2) of the Convention of 8 May 1969. | |
| (b) | Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of 8 May 1969 to self-employed persons. | |
| 36. SPAIN — NETHERLANDS | |
| Article 23 (2) of the Convention on social security of 5 February 1974. | |
| 37. SPAIN — PORTUGAL | |
| Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969. | |
| 38. SPAIN — UNITED KINGDOM | |
| None. | |
| 39. FRANCE — GREECE | |
| Articles 16 (fourth subparagraph) and 30 of the General Convention of 19 April 1958. | |
| 40. FRANCE — IRELAND | |
| No convention. | |
| 41. FRANCE — ITALY | |
| (a) | Articles 20 and 24 of the General Convention of 31 March 1948. | |
| (b) | The exchange of letters of 3 March 1956 (sickness benefits for seasonal workers employed in agriculture). | |
| 42. FRANCE — LUXEMBOURG | |
| Articles 11 and 14 of the Complementary Agreement of 12 November 1949 to the General Convention of the same date (workers in mines and similar undertakings). | |
| 43. FRANCE — NETHERLANDS | |
| Article 11 of the Complementary Agreement of 1 June 1954 to the General Convention of 7 January 1950 (workers in mines and similar undertakings). | |
| 44. FRANCE — PORTUGAL | |
| None. | |
| 45. FRANCE — UNITED KINGDOM | |
| The exchange of letters of 27 and 30 July 1970 concerning the position with regard to social security of United Kingdom teachers temporarily pursuing their profession in France by virtue of the Cultural Convention of 2 March 1948. | |
| 46. GREECE — IRELAND | |
| No convention. | |
| 47. GREECE — ITALY | |
| No convention. | |
| 48. GREECE — LUXEMBOURG | |
| No convention. | |
| 49. GREECE — NETHERLANDS | |
| Article 4 (2) of the General Convention of 13 September 1966. | |
| 50. GREECE — PORTUGAL | |
| No convention. | |
| 51. GREECE — UNITED KINGDOM | |
| No convention. | |
| 52. IRELAND — ITALY | |
| No convention. | |
| 53. IRELAND — LUXEMBOURG | |
| No convention. | |
| 54. IRELAND — NETHERLANDS | |
| No convention. | |
| 55. IRELAND — PORTUGAL | |
| No convention. | |
| 56. IRELAND — UNITED KINGDOM | |
| Article 8 of the Agreement of 14 September 1971 on social security. | |
| 57. ITALY — LUXEMBOURG | |
| Articles 18 (2) and 24 of the General Convention of 29 May 1951. | |
| 58. ITALY — NETHERLANDS | |
| Article 21 (2) of the General Convention of 28 October 1952. | |
| 59. ITALY — PORTUGAL | |
| No convention. | |
| 60. ITALY — UNITED KINGDOM | |
| None. | |
| 61. LUXEMBOURG — NETHERLANDS | |
| None. | |
| 62. LUXEMBOURG — PORTUGAL | |
| Article 3 (2) of the Convention of 12 February 1965. | |
| 63. LUXEMBOURG — UNITED KINGDOM | |
| None. | |
| 64. NETHERLANDS — PORTUGAL | |
| Articles 5 (2) and 31 of the Convention of 19 July 1979. | |
| 65. NETHERLANDS — UNITED KINGDOM | |
| None. | |
| 66. PORTUGAL — UNITED KINGDOM | |
| Article 2 (1) of the Protocol on medical treatment of 15 November 1978. | |
| B | |
| Provisions of Conventions which do not apply to all persons to whom the Regulation applies | |
| (Article 3 (3) of the Regulation | |
| 1. BELGIUM — DENMARK | |
| No convention. | |
| 2. BELGIUM — GERMANY | |
| (a) | Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of 10 November 1960. | |
| (b) | Complementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, as in the Complementary Protocol of 10 November 1960 (payment of pensions for the period preceding the entry into force of the General Convention). | |
| 3. BELGIUM — SPAIN | |
| None. | |
| 4. BELGIUM — FRANCE | |
| (a) | The exchange of letters of 29 July 1953 on allowances to elderly employed persons. | |
| (b) | The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General Convention of 17 January 1948). | |
| 5. BELGIUM — GREECE | |
| None. | |
| 6. BELGIUM — IRELAND | |
| None. | |
| 7. BELGIUM — ITALY | |
| None. | |
| 8. BELGIUM — LUXEMBOURG | |
| None. | |
| 9. BELGIUM — NETHERLANDS | |
| None. | |
| 10. BELGIUM PORTUGAL | |
| None. | |
| 11. BELGIUM — UNITED KINGDOM | |
| None. | |
| 12. DENMARK — GERMANY | |
| (a) | Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953. | |
| (b) | The Complementary Agreement of 14 August 1953 to the Convention mentioned above. | |
| 13. DENMARK — SPAIN | |
| No convention. | |
| 14. DENMARK — FRANCE | |
| None. | |
| 15. DENMARK — GREECE | |
| No convention. | |
| 16. DENMARK — IRELAND | |
| No convention. | |
| 17. DENMARK — ITALY | |
| No convention. | |
| 18. DENMARK — LUXEMBOURG | |
| No convention. | |
| 19. DENMARK — NETHERLANDS | |
| No convention. | |
| 20. DENMARK — PORTUGAL | |
| No convention. | |
| 21. DENMARK — UNITED KINGDOM | |
| None. | |
| 22. GERMANY — SPAIN | |
| None. | |
| 23. GERMANY — FRANCE | |
| (a) | Articles 16 (second paragraph) and 19 of the General Convention of 10 July 1950. | |
| (b) | Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in added Section No 2 of 18 June 1955. | |
| (c) | Titles I and III of added Section No 2 of 18 June 1955. | |
| (d) | Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date. | |
| (e) | Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). | |
| 24. GERMANY — GREECE | |
| None. | |
| 25. GERMANY — IRELAND | |
| No convention. | |
| 26. GERMANY — ITALY | |
| (a) | Articles 3 (2) and 26 of the Convention of 5 May 1953 (social insurance). | |
| (b) | The Complementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions for the period prior to the entry into force of the Convention). | |
| 27. GERMANY — LUXEMBOURG | |
| Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the dispute between Germany and Luxembourg). | |
| 28. GERMANY — NETHERLANDS | |
| (a) | Article 3 (2) of the Convention of 29 March 1951. | |
| (b) | Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). | |
| 29. GERMANY — PORTUGAL | |
| Article 5 (2) of the Convention of 6 November 1964. | |
| 30. GERMANY — UNITED KINGDOM | |
| (a) | Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social security of 20 April 1960. | |
| (b) | Articles 2 to 7 of the Final Protocol to the Convention on social security of 20 April 1960. | |
| (c) | Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960. | |
| 31. SPAIN — FRANCE | |
| None. | |
| 32. SPAIN — GREECE | |
| No convention. | |
| 33. SPAIN — IRELAND | |
| No convention. | |
| 34. SPAIN — ITALY | |
| Articles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30 October 1979 | |
| 35. SPAIN — LUXEMBOURG | |
| (a) | Article 5 (2) of the Convention of 8 May 1969. | |
| (b) | Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of 8 May 1969 to self-employed persons. | |
| 36. SPAIN — NETHERLANDS | |
| Article 23 (2) of the Convention on Social Security of 5 February 1974. | |
| 37. SPAIN — PORTUGAL | |
| Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969 | |
| 38. SPAIN — UNITED KINGDOM | |
| None. | |
| 39. FRANCE — GREECE | |
| None. | |
| 40. FRANCE — IRELAND | |
| No convention. | |
| 41. FRANCE — ITALY | |
| Articles 20 and 24 of the General Convention of 31 March 1948. | |
| 42. FRANCE — LUXEMBOURG | |
| None. | |
| 43. FRANCE — NETHERLANDS | |
| None. | |
| 44. FRANCE — PORTUGAL | |
| None. | |
| 45. FRANCE — UNITED KINGDOM | |
| The exchange of letters of 27 and 30 July 1970 concerning the position with regard to social security of United Kingdom teachers temporarily pursuing their profession in France by virtue of the Cultural Convention of 2 March 1948. | |
| 46. GREECE — IRELAND | |
| No convention. | |
| 47. GREECE — ITALY | |
| No convention. | |
| 48. GREECE — LUXEMBOURG | |
| No convention. | |
| 49. GREECE — NETHERLANDS | |
| None. | |
| 50. GREECE — PORTUGAL | |
| No convention. | |
| 51. GREECE — UNITED KINGDOM | |
| No convention. | |
| 52. IRELAND — ITALY | |
| No convention. | |
| 53. IRELAND — LUXEMBOURG | |
| No convention. | |
| 54. IRELAND — NETHERLANDS | |
| No convention. | |
| 55. IRELAND — PORTUGAL | |
| No convention. | |
| 56. IRELAND — UNITED KINGDOM | |
| None. | |
| 57. ITALY — LUXEMBOURG | |
| None. | |
| 58. ITALY — NETHERLANDS | |
| None. | |
| 59. ITALY — PORTUGAL | |
| No convention. | |
| 60. ITALY — UNITED KINGDOM | |
| None. | |
| 61. LUXEMBOURG — NETHERLANDS | |
| None. | |
| 62. LUXEMBOURG — PORTUGAL | |
| Article 3 (2) of the Convention of 12 February 1965. | |
| 63. LUXEMBOURG — UNITED KINGDOM | |
| None. | |
| 64. NETHERLANDS — PORTUGAL | |
| Article 5 (2) of the Convention of 19 July 1979. | |
| 65. NETHERLANDS — UNITED KINGDOM | |
| None. | |
| 66. PORTUGAL — UNITED KINGDOM | |
| Article 2 (1) of the Protocol on medical treatment of 15 November 1978.’ | |
| Annex IV is replaced by the following: | |
| ‘ANNEX IV | |
| (Article 37 (2) of the Regulation) | |
| Legislation referred to in Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of periods of insurance | |
| A. BELGIUM | |
| The legislation relating to the general invalidity scheme, to the special invalidity scheme for miners and to the special scheme for sailors in the Merchant Navy and the legislation concerning insurance against incapacity for work for self-employed persons. | |
| B. DENMARK | |
| None. | |
| C. GERMANY | |
| None. | |
| D. SPAIN | |
| Legislation relating to invalidity insurance under the general scheme and under the special schemes. | |
| E. FRANCE | |
| 1. | Employed persons | All legislation on invalidity insurance, except for the legislation concerning the invalidity insurance of the social security scheme for miners. | |
| 2. | Self-employed persons | The legislation on invalidity insurance for persons self-employed in agriculture. | |
| F. GREECE | |
| Legislation relating to the agricultural insurance scheme. | |
| G. IRELAND | |
| Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1981. | |
| H. ITALY | |
| None. | |
| I. LUXEMBOURG | |
| None. | |
| J. NETHERLANDS | |
| (a) | The law of 18 February 1966 on insurance against incapacity for work. | |
| (b) | The law of 11 December 1975 on general insurance against incapacity for work. | |
| K. PORTUGAL | |
| None. | |
| L. UNITED KINGDOM | |
| (a) | Great Britain | Section 15 of the Social Security Act 1975. | Sections 14 to 16 of the Social Security Pensions Act 1975. | |
| (b) | Northern Ireland | Section 15 of the Social Security (Northern Ireland) Act 1975. | Articles 16 to 18 of the Social Security Pensions (Northern Ireland) Order 1975.’ | |
| Annex VI is amended and supplemented as follows: | |
| ‘A. BELGIUM | |
| … (no change). | |
| B. DENMARK | |
| … (no change). | |
| C. GERMANY | |
| … (no change). | |
| D. SPAIN | |
| 1. | The condition either of carrying on the activity of an employed or of a self-employed person, or the condition of having previously been compulsorily insured against the same contingency under a scheme organized for the benefit of employed or self-employed persons of the same Member State, laid down in Article 1 (a) (iv) of the Regulation, may not be relied upon against persons who, in accordance with the provisions of Royal Decree No 2805/1979 of 7 December 1979, are affiliated voluntarily to the general social security scheme in their capacity as an official or employee serving an international intergovernmental organization. | |
| 2. | The provisions of Royal Decree No 2805/1979 of 7 December 1979 apply to nationals of the Member States and to refugees and stateless persons: | (a) | where they are resident in Spanish territory; or | (b) | where they are resident in the territory of another Member State and where they have been previously, at some time, compulsorily affiliated to the Spanish social security scheme; or | (c) | where they are resident in the territory of a third State and have paid contributions for at least 1 800 days to the Spanish social security scheme and where they are not insured either compulsorily or voluntarily by virtue of the legislation of another Member State. | |
| E. FRANCE | |
| … (no change). | |
| F. GREECE | |
| … (no change). | |
| G. IRELAND | |
| … (no change). | |
| H. ITALY | |
| … (no change). | |
| I. LUXEMBOURG | |
| … (no change). | |
| J. NETHERLANDS | |
| … (no change). | |
| K. PORTUGAL | |
| 1. | The non-contributory benefits introduced by Decree-Law No 160/80 of 27 May 1980 and Decree-Law No 464/80 of 13 October 1980 shall be granted under the conditions laid down for Portuguese nationals to nationals of the other Member States indicated in Article 2 of Regulation (EEC) No 1408/71, resident in Portugal. | |
| 2. | The same also applies to refugees and stateless persons. | |
| L. UNITED KINGDOM | |
| … (no change).’ | |
| Annex VII is replaced by the following: | |
| ‘ANNEX VII | |
| (Application of Article 14c (1) (b) of the Regulation) | |
| Instances in which a person shall be simultaneously subject to the legislation of two Member States | |
| 1. | |
| Where he is self-employed in Belgium and gainfully employed in any other Member State, except Luxembourg. For Luxembourg the exchange of letters of 10 and 12 July 1968 between Belgium and Luxembourg shall apply. | |
| 2. | |
| Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any other Member State. | |
| 3. | |
| For the agricultural accident insurance scheme and the old-age insurance scheme for farmers: where he is self-employed in farming in Germany and gainfully employed in any other Member State. | |
| 4. | |
| Where a person resident in Spain is self-employed in Spain and gainfully employed in any other Member State. | |
| 5. | |
| Where he is self-employed in France and gainfully employed in any other Member State, except Luxembourg. | |
| 6. | |
| Where he is self-employed in farming in France and gainfully employed in Luxembourg. | |
| 7. | |
| Where he is self-employed in Greece and gainfully employed in any other Member State. | |
| 8. | |
| Where he is self-employed in Italy and gainfully employed in any other Member State. | |
| 9. | |
| Where he is self-employed in Portugal and gainfully employed in any other Member State.’ | |
| 2. Council Regulation (EEC) No 574/72 of 21 March 1972 as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6). | |
| The following is added to Article 15 (3): | |
| ‘(c) | If the person concerned is an employed person who has been subject to a seven-day week: | (i) | one day shall be equivalent to six hours and vice-versa, | (ii) | seven days shall be equivalent to one week and vice-versa, | (iii) | thirty days shall be equivalent to one month and vice-versa, | (iv) | three months or 13 weeks or 90 days shall be equivalent to one-quarter and vice-versa, | (v) | for the conversion of weeks into months and vice-versa, the weeks and the months shall be converted into days, | (vi) | the application of the preceding rules shall not have the effect of producing, for the sum total of the periods of insurance completed during one calendar year, a total exceeding 360 days or 52 weeks or 12 months or four quarters. | Where the periods of insurance completed under the laws of a Member State are expressed in months, the days which correspond to a fraction of a month, in accordance with the conversion rules set out in this paragraph, are considered as an entire month.’ | |
| Article 85 (1)is replaced by the following: | |
| ‘1. In order to invoke the provisions of Article 72 of the Regulation, a person shall submit to the competent institution a certified statement specifying the period of insurance, employment or self-employment completed under the legislation to which he was last subject.’ | |
| Article 85 (3) is replaced by the following: | |
| ‘3. The provisions of paragraphs 1 and 2 shall apply by analogy if, in order to satisfy the conditions of the legislation of the competent State, it is necessary to take into account periods of insurance, employment or self-employment completed previously under the legislation of any other Member State.’ | |
| Article 120 (1) is replaced by the following: | |
| ‘1. The rights referred to in Article 94 (9) of the Regulation shall be those enjoyed by employed persons in respect of members of their families giving entitlement to family benefits, at the rate and within the limits applicable on the day preceding 1 October 1972, or on the day preceding the application of the Regulation in the territory of the Member State concerned, pursuant either to Article 41 or Annex D to Regulation No 3, or to Article 20 or Annex 1 to Council Regulation No 36/63/EEC of 2 April 1963 on social security for frontier workers (2) or to Conventions in force between the Member States in question. | |
| Annex 1 is replaced by the following: | |
| ‘ANNEX I | |
| COMPETENT AUTHORITIES | |
| (Article 1 (1) of the Regulation and Articles 4 (1) and 122 of the Implementing Regulation) | |
| A. BELGIUM: | Ministre des classes moyennes, BruxellesMinister van Middenstand, Brussel (Minister of Social Welfare, Brussels) | Ministre de la prévoyance sociale, BruxellesMinister van Sociale Voorzorg, Brussel (Minister for Small Firms and Traders, Brussels) | |
| B. DENMARK: | 1. | Socialministeren (Minister of Social Affairs), København | 2. | Arbejdsministeren (Minister of Labour), København | 3. | Indenrigsministeren (Minister of the Interior), København | 4. | Ministeren for Grønland (Minister for Greenland), København | |
| C. GERMANY: | Bundesminister für Arbeit und Sozialordnung (Federal Minister of Labour and Social Affairs), Bonn | |
| D. SPAIN: | Ministro de Trabajo y Seguridad Social (Minister of Labour and Social Security), Madrid | |
| E. FRANCE: | 1. | Ministre des affaires sociales et de la solidarité nationale (Minister of Social Affairs for National Solidarity), Paris | 2. | Ministre de l'agriculture (Minister of Agriculture), Paris | |
| F. GREECE: | 1. | Υπουργός Κοινωνικών Υπηρεσιών, Αξήνα (Minister of Social Affairs, Athens) | 2. | Υπουργός Εργασίας, Αξήνα (Minister of Labour, Athens) | 3. | Υπουργός Εμπορικής Ναυτιλίας, Πειραιάς (Minister of the Merchant Navy, Piraeus) | |
| G. IRELAND: | 1. | Minister for Social Welfare, Dublin | 2. | Minister for Health, Dublin | |
| H. ITALY: | — | In respect of pensions: | 1. | in general: Ministro del lavoro e della previdenza sociale (Minister of Labour and Social Welfare), Roma | 2. | for notaries: Ministro di grazia e giustizia (Minister of Justice), Roma | 3. | for customs officers: Ministro delle finanze (Minister of Finance), Roma | — | In respect of benefits in kind: | Ministro della sanità (Minister of Health), Roma | |
| I. LUXEMBOURG: | 1. | Ministre du travail et de la sécurité sociale (Minister of Labour and Social Security), Luxembourg | 2. | Ministre de la famille (Minister of Family Affairs), Luxembourg | |
| J. NETHERLANDS: | 1. | Minister van Sociale Zaken en Werkgelegenheid (Minister of Social Affairs and Employment), Den Haag | 2. | Minister van Welzijn, Volksgezondheid en Cultuur (Minister of Welfare, Health and Cultural Affairs), Rijswijk | |
| K. PORTUGAL: | 1. | Ministro do Travalho e Segurança Social, (Minister of Labour and Social Security), Lisboa | 2. | Ministro da Saúde, (Minister of Health), Lisboa | 3. | Secretário Regional dos Assuntos Sociais da Região Autónoma da Madeira (Regional Secretary of Social Affairs of the Autonomous Region of Madeira), Funchal | 4. | Secretário Regional dos Assuntos Sociais da Região Autónoma dos Açores (Regional Secretary of Social Affairs of the autonomous Region of the Azores), Angra do Heroísmo | |
| L. UNITED KINGDOM: | 1. | Secretary of State for Social Services, London | 2. | Secretary of State for Scotland, Edinburgh | 3. | Secretary of State for Wales, Cardiff | 4. | Department of Health and Social Services for Northern Ireland, Belfast | 5. | Director of the Department of Labour and Social Security, Gibraltar | 6. | Director of the Medical and Public Health Department, Gibraltar’. | |
| Annex 2 is supplemented as follows: | |
| (a)—— | In the heading ‘C. GERMANY,’ point 2 (a) (i): | — | the second indent is replaced by the following: | ‘ | — | if the person concerned is resident in Belgium or in Spain or is a Belgian or Spanish national, resident in the territory of a non-member State: | Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf’, | — | the following is added: | ‘ | — | if the person concerned is resident in Portugal or is a Portuguese national resident in the territory of a non-member State: | Landesversicherungsanstalt Unterfranken (Regional Insurance Office of Lower Franconia) Würzburg’. | |
| (b)—— | In the heading ‘C. GERMANY,’ point 2 (b) (i): | — | the second indent is replaced by the following: | ‘ | — | if the last contribution under the legislation of another Member State was paid into a Belgian or Spanish pension insurance institution: | Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf’, | — | the following is added: | ‘ | — | if the last contribution under the legislation of another Member State was paid into a Belgian or Spanish pension insurance institution: | Landesversicherungsanstalt Unterfranken (Regional Insurance Office of Lower Franconia), Würzburg’. | |
| (c) | After the heading ‘C. GERMANY,’ the following headingis inserted: | ‘D. SPAIN | 1. | All schemes, with the exception of the mariners' scheme: | (a) | for all contingencies with the exception of unemployment: | Direcciones Provinciales del Instituto Nacional de la Seguridad Social (ProvincialDirectorates of the National Institute of Social Security) | (b) for unemployment: | Direcciones Provinciales del Instituto Nacional de Empleo (Provincial Directorates of the National Institution of Employment) | 2. Mariners scheme: | Instituto Social de la Marina (Social Institute for Mariners), Madrid’. | |
| (d) | The headings ‘D. FRANCE’, ‘E. GREECE’, ‘F. IRELAND’, ‘G. ITALY’, ‘H. LUXEMBOURG’ and ‘I. NETHERLANDS’become respectively ‘E. FRANCE’, ‘F. GREECE’, ‘G. IRELAND’, ‘H. ITALY’, ‘I. LUXEMBOURG’ and ‘J. NETHERLANDS’. | |
| (e) | After the heading ‘J. NETHERLANDS’, the following heading is inserted: | ‘K. PORTUGAL | I. | Mainland | 1. Sickness, maternity and family benefits: | Centro Regional de Segurança Social (Regional Centre of Social Security) to which the person concerned is affiliated | 2. Invalidity, old age and death: | Centro Nacional de Pensôes (National Pensions Centre), Lisboa, and Centro Regional de Segurança Social (Regional centre of Social Security) to which the person concerned is affiliated | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation: | Centro de Emprego (Employment Centre) where the person concerned resides | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Centro Regional de Segurança Social (Regional Centre of Social Security) where the person concerned resides | 5. Benefits from a non-contributory social security scheme: | Centro Regional de Segurança Social (Regional Centre of Social Security) where the person concerned resides | II. | Autonomous region of Madeira | 1. Sickness, maternity and family benefits: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 2. (a) | Invalidity, old age and death: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | (b) | Invalidity, old age and death under the special social security scheme for agricultural workers: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation): | Direcção Regional de Emprego (Regional Directorate of Employment), Funchal | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 5. Benefits from a non-contributory social security scheme: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | III. | Autonomous region of the Azores | 1. Sickness, maternity and family benefits: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | 2. (a) | Invalidity, old age and death: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | (b) | Invalidity, old age and death under the special social security scheme for agricultural workers: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation): | Centro de Emprego (Employment Centre) where the person concerned resides | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Centro de Prestaçoes Pecuniarias da Segurança Social (Centre for cash benefits of the Social Security) to which the person concerned is affiliated. | 5. Benefits from a non-contributory social security scheme: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo’. | |
| (f) | The heading ‘J. UNITED KINGDOM’ becomes ‘L. UNITED KINGDOM’. | |
| Annex 3 is supplemented as follows: | |
| (a)—— | In the heading ‘C. GERMANY’, point 3 (a): | — | the text of (i) is replaced by the following: | ‘(i) | dealings with Belgium and Spain: | Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf’, | — | the following is added: | ‘(ix) dealings with Portugal: | Landesversicherungsanstalt Unterfranken (Regional Insurance Office for Lower Franconia), Würzburg’. | |
| (b) | After the heading ‘C. GERMANY’, the following headingis inserted: | ‘D. SPAIN | 1. | Benefits in kind: | (a) | all schemes with the exception of the mariners' scheme: | Direcciones Provinciales del Instituto Nacional de la Salud (Provincial Directorates of the National Institute of Health) | (b) mariners' scheme: | Instituto Social de la Marina (Mariners' Social Institute), Madrid | 2. | Cash benefits: | (a) | all schemes with the exception of the mariners' scheme and all contingencies with the exception of unemployment: | Direcciones Provinciales del Instituto Nacional de la Seguridad Social (Provincial Directorates of the National Institute of Social Security) | (b) | mariners' scheme, for all contingencies: | Instituto Social de la Marina (Mariners' Social Institute), Madrid | (c) | unemployment, with the exception of mariners: | Direcciones Provinciales del Instituto Nacional de Empleo (Provincial Directorates of the National Institute of Employment)’. | |
| (c) | The headings ‘D. FRANCE’, ‘E. GREECE’, ‘F. IRELAND’, ‘G. ITALY’, ‘H. LUXEMBOURG’ and ‘I. NETHERLANDS’become respectively ‘E. FRANCE’, ‘F. GREECE’, ‘G. IRELAND’, ‘H. ITALY’, ‘I. LUXEMBOURG’ and ‘J. NETHERLANDS’. | |
| (d) | After the heading ‘J. NETHERLANDS’, the following heading is inserted: | ‘K. PORTUGAL | I. | Mainland | 1. Sickness, maternity and family benefits (for sickness and maternity benefits in kind see also Annex 10): | Centro Regional de Segurança Social (Regional Centre of Social Security) of the place of residence or abode of the person concerned. | 2. Invalidity, old age and death: | Centro Nacional de Pensoes (National Pensions Centre), Lisboa, and Centro Regional de Segurança Social (Regional Centre of Social Security) where the person concerned resides | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on on the situation): | Centro de Emprego (Employment Centre) where the person concerned resides | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Centro Regional de Segurança Social (Regional Centre of Social Security) where the person concerned resides | 5. Benefits from a non-contributory social security scheme: | Centro Regional de Segurança Social (Regional Centre of Social Security) where the person concerned resides | II. | Autonomous region of Madeira | 1. Sickness, maternity and family benefits (for sickness and maternity benefits in kind, see also Annex 10): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 2. (a) | Invalidity, old age and death: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | (b) | Invalidity, old age and death under the special social security scheme for agricultural workers: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation): | Direcção Regional de Emprego (Regional Directorate of Employment), Funchal | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | 5. Benefits from a non-contributory social security scheme: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | III. | Autonomous region of the Azores | 1. Sickness, maternity and family benefits (for sickness and maternity benefits in kind, see also Annex 10): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroismo | 2. (a) | Invalidity, old age and death: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroismo | (b) | Invalidity, old age and death under the special social security scheme for agricultural workers: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroismo | 3. Accidents at work and occupational diseases: | Caixa Nacional de Seguros de Doenças Profissionais (National Insurance Fund for occupational diseases), Lisboa | 4. | Unemployment benefits: | (a) | Reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation): | Centro de Emprego (Employment Centre) where the person concerned resides | (b) | Grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment): | Centro de Prestaçoes Pecuniarias de Segurança Social (Centre for cash benefits of Social Security) where the person concerned resides | 5. Benefits from a non-contributory social security scheme: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo’. | |
| (e) | The heading ‘J. UNITED KINGDOM’ becomes ‘L. UNITED KINGDOM’. | |
| Annex 4 is supplemented as follows: | |
| (a)—— | In the heading ‘C. GERMANY’, point 3 (b: | — | the text of (i) is replaced by the following: | ‘(i) | dealings with Belgium and Spain: | Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf’, | — | the following is added: | ‘(ix) dealings with Portugal: | Landesversicherungsanstalt Unterfranken (Regional Insurance Office for Lower Franconia), Würzburg’. | |
| (b) | After the heading ‘C. GERMANY’, the following headingis inserted: | ‘D. SPAIN | Instituto Nacional de la Seguridad Social (National Institute of Social Security), Madrid’. | |
| (c) | The headings ‘D. FRANCE’, ‘E. GREECE’, ‘F. IRELAND’, ‘G. ITALY’, ‘H. LUXEMBOURG’ and ‘I. NETHERLANDS’become respectively ‘E. FRANCE’, ‘F. GREECE’, ‘G. IRELAND’, ‘H. ITALY’, ‘I. LUXEMBOURG’ and ‘J. NETHERLANDS’. | |
| (d) | After the heading ‘J. NETHERLANDS’, the following heading is inserted: | ‘K. PORTUGAL | With relation to all legislation, schemes and branches of social security referred to in Article 4 of the Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa’. | |
| (e) | The heading ‘J. UNITED KINGDOM’ becomes ‘L. UNITED KINGDOM’. | |
| Annex 5 is amended and supplemented as follows: | |
| ‘1. BELGIUM — DENMARK | |
| … (no change). | |
| 2. BELGIUM — GERMANY | |
| … (no change). | |
| 3. BELGIUM — SPAIN | |
| None. | |
| 4. BELGIUM — FRANCE | |
| … (no change). | |
| 5. BELGIUM — GREECE | |
| … (no change). | |
| 6. BELGIUM — IRELAND | |
| … (no change). | |
| 7. BELGIUM — ITALY | |
| … (no change). | |
| 8. BELGIUM — LUXEMBOURG | |
| … (no change). | |
| 9. BELGIUM — NETHERLANDS | |
| … (no change). | |
| 10. BELGIUM — PORTUGAL | |
| None. | |
| 11. BELGIUM — UNITED KINGDOM | |
| … (no change). | |
| 12. DENMARK — GERMANY | |
| … (no change). | |
| 13. DENMARK — SPAIN | |
| No convention. | |
| 14. DENMARK — FRANCE | |
| … (no change). | |
| 15. DENMARK — GREECE | |
| … (no change). | |
| 16. DENMARK — IRELAND | |
| … (no change). | |
| 17. DENMARK — ITALY | |
| … (no change). | |
| 18. DENMARK — LUXEMBOURG | |
| … (no change). | |
| 19. DENMARK — NETHERLANDS | |
| … (no change). | |
| 20. DENMARK — PORTUGAL | |
| Does not apply. | |
| 21. DENMARK — UNITED KINGDOM | |
| … (no change). | |
| 22. GERMANY — SPAIN | |
| None. | |
| 23. GERMANY — FRANCE | |
| … (no change). | |
| 24. GERMANY — GREECE | |
| … (no change). | |
| 25. GERMANY — IRELAND | |
| … (no change). | |
| 26. GERMANY — ITALY | |
| … (no change). | |
| 27. GERMANY — LUXEMBOURG | |
| … (no change). | |
| 28. GERMANY — NETHERLANDS | |
| … (no change). | |
| 29. GERMANY — PORTUGAL | |
| None. | |
| 30. GERMANY — UNITED KINGDOM | |
| … (no change). | |
| 31. SPAIN — FRANCE | |
| None. | |
| 32. SPAIN — GREECE | |
| Does not apply. | |
| 33. SPAIN — IRELAND | |
| Does not apply. | |
| 34. SPAIN — ITALY | |
| None. | |
| 35. SPAIN — LUXEMBOURG | |
| None. | |
| 36. SPAIN — NETHERLANDS | |
| None. | |
| 37. SPAIN — PORTUGAL | |
| Articles 42, 43 and 44 of the Administrative Arrangement of 22 May 1970. | |
| 38. SPAIN — UNITED KINGDOM | |
| None. | |
| 39. FRANCE — GREECE | |
| … (no change). | |
| 40. FRANCE — IRELAND | |
| … (no change). | |
| 41. FRANCE — ITALY | |
| … (no change). | |
| 42. FRANCE — LUXEMBOURG | |
| … (no change). | |
| 43. FRANCE — NETHERLANDS | |
| … (no change). | |
| 44. FRANCE — PORTUGAL | |
| None. | |
| 45. FRANCE — UNITED KINGDOM | |
| … (no change). | |
| 46. GREECE — IRELAND | |
| … (no change). | |
| 47. GREECE — ITALY | |
| … (no change). | |
| 48. GREECE — LUXEMBOURG | |
| … (no change). | |
| 49. GREECE — NETHERLANDS | |
| … (no change). | |
| 50. GREECE — PORTUGAL | |
| Does not apply. | |
| 51. GREECE — UNITED KINGDOM | |
| … (no change). | |
| 52. IRELAND — ITALY | |
| … (no change). | |
| 53. IRELAND — LUXEMBOURG | |
| … (no change). | |
| 54. IRELAND — NETHERLANDS | |
| … (no change). | |
| 55. IRELAND — PORTUGAL | |
| Does not apply. | |
| 56. IRELAND — UNITED KINGDOM | |
| … (no change). | |
| 57. ITALY — LUXEMBOURG | |
| … (no change). | |
| 58. ITALY — NETHERLANDS | |
| … (no change). | |
| 59. ITALY — PORTUGAL | |
| Does not apply. | |
| 60. ITALY — UNITED KINGDOM | |
| … (no change). | |
| 61. LUXEMBOURG — NETHERLANDS | |
| … (no change). | |
| 62. LUXEMBOURG — PORTUGAL | |
| None. | |
| 63. LUXEMBOURG — UNITED KINGDOM | |
| … (no change). | |
| 64. NETHERLANDS — PORTUGAL | |
| Articles 33 and 34 of the Administrative Arrangement of 9 May 1980. | |
| 65. NETHERLANDS — UNITED KINGDOM | |
| … (no change). | |
| 66. PORTUGAL — UNITED KINGDOM | |
| Articles 3 and 4 of the Annex to the Administrative Arrangement of 31 December 1981 for the application of the Protocol on medical treatment of 15 November 1978.’ | |
| Annex 6 is replaced by the following: | |
| ‘ANNEX 6 | |
| PROCEDURE FOR THE PAYMENT OF BENEFITS | |
| (Articles 4 (6), 53 (1) and 122 of the Implementing Regulation | |
| General observation | |
| Payments of arrears and other single payments shall in principle be made through the liaison bodies. Current and sundry payments shall be made in accordance with the procedure set out in this Annex. | |
| A. BELGIUM | |
| Direct payment. | |
| B. DENMARK | |
| Direct payment. | |
| C. GERMANY | |
| 1. | Pension insurance for manual workers (invalidity, old age, death): | |
| (a) | Dealings with Belgium, Denmark, Spain, France, Greece, Ireland, Luxembourg, Portugal and the United Kingdom: | Direct payment | |
| (b) Dealings with Italy: | Payment through the liaison bodies (joint implementation of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5), unless the beneficiary requests direct payments of the benefits | |
| (c) Dealings with the Netherlands: | Payment through the liaison bodies (joint implementation of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5) | |
| 2. | Pension insurance for clerical staff and miners (invalidity, old-age, death): | |
| (a) | Dealings with Belgium, Denmark, Spain, France, Greece, Ireland, Italy, Luxembourg, Portugal and the United Kingdom: | Direct payment | |
| (b) Dealings with the Netherlands: | Payment through the liaison bodies (joint implementation of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5) | |
| 3. Old-age insurance for farmers: | Direct payment | |
| 4. | Accident insurance: | |
| Dealings with all Member States: | Payment through the liaison bodies (joint implementation of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5) | |
| D. SPAIN | |
| Direct payment. | |
| E. FRANCE | |
| 1. All schemes with the exception of the mariners' scheme: | Direct payment | |
| 2. Mariners' scheme: | Payment by the paying authority of the Member States wherein the person entitled to benefits resides | |
| F. GREECE | |
| Pension insurance for employed persons (invalidity, old-age, death): | |
| (a) Dealings with France: | Payment through the liaison bodies | |
| (b) | Dealings with Belgium, Denmark, Federal Republic of Germany, Spain, Ireland, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom: | Direct payment | |
| G. IRELAND | |
| Direct payment. | |
| H. ITALY | |
| (a) | EMPLOYED PERSONS: | |
| 1. | Pensions for invalidity, old-age and survivors: | |
| (a) | Dealings with Belgium, Denmark, Spain, France, (excluding the French Miners' Funds), Greece, Ireland, Luxembourg, the Netherlands, Portugal and the United Kingdom: | Direct payment | |
| (b) | Dealings with the Federal Republic of Germany and the French Miners' Funds: | Payment through liaison bodies | |
| 2. Pensions for accidents at work and occupational diseases: | Direct payment | |
| (b) SELF-EMPLOYED PERSONS: | Direct payment | |
| I. LUXEMBOURG | |
| Direct payment. | |
| J. NETHERLANDS | |
| 1. Dealings with Belgium, Denmark, Spain, France, Greece, Ireland, Italy, Luxembourg, Portugal and the United Kingdom: | Direct payment | |
| 2. Dealings with the Federal Republic of Germany: | Payment through liaison bodies (implementation of the provisions set out in Annex 5) | |
| K. PORTUGAL | |
| Direct payment. | |
| L. UNITED KINGDOM | |
| Direct payment.’ | |
| Annex 7 is replaced by the following: | |
| ‘ANNEX 7 | |
| BANKS | |
| (Articles 4 (7), 55 (3) and 122 of the Implementing Regulation) | |
| A. BELGIUM: | None | |
| B. DENMARK: | Danmarks Nationalbank (National Bank of Denmark), København | |
| C. FEDERAL REPUBLIC OF GERMANY: | Deutsche Bundesbank (Federal Bank of Germany), Frankfurt am Main | |
| D. SPAIN: | Banco Exterior de España (External Bank of Spain), Madrid | |
| E. FRANCE: | Banque de France (Bank of France), Paris | |
| F. GREECE: | Τράπεζα της Ελλάδας, Αθήνα (Bank of Greece), Athens | |
| G. IRELAND: | Central Bank of Ireland, Dublin | |
| H. ITALY: | Banca Nazionale del Lavoro (National Labour Bank), Roma | |
| I. LUXEMBOURG: | Caisse d'épargne (Savings Bank), Luxembourg | |
| J. NETHERLANDS: | None | |
| K. PORTUGAL: | Banco de Portugal (Bank of Portugal), Lisboa | |
| L. UNITED KINGDOM: | Great Britain: | Bank of England, London | |
| Northern Ireland: | Northern Bank Limited, Belfast | |
| Gibraltar: | Barclays Bank, Gibraltar’. | |
| Annex 8 is replaced by the following: | |
| ‘ANNEX 8 | |
| GRANT OF FAMILY BENEFITS | |
| (Articles 4 (8), 10a (1) (d) and 122 of the Implementing Regulation) | |
| Article 10a (1) (d) of the Implementing Regulation shall apply: | |
| 1. | Employed and self-employed persons: | |
| (a) | with a reference period of one calendar month's duration in dealings: | — | between the Federal Republic of Germany and Spain | — | between the Federal Republic of Germany and France | — | between the Federal Republic of Germany and Greece | — | between the Federal Republic of Germany and Ireland | — | between the Federal Republic of Germany and Luxembourg | — | between the Federal Republic of Germany and Portugal | — | between the Federal Republic of Germany and the United Kingdom | — | between France and Luxembourg | — | between Portugal and Belgium | — | between Portugal and France | — | between Portugal and Ireland | — | between Portugal and Luxembourg | — | between Portugal and the United Kingdom | |
| (b) | with a reference period of three calendar months' duration in dealings: | — | between Denmark and the Federal Republic of Germany | — | between the Netherlands and Denmark, France, the Federal Republic of Germany, Luxembourg and Portugal | |
| 2. | Self-employed persons: | |
| With a reference period of three calendar months' duration in dealings: | — | between Belgium and the Netherlands’. | |
| Annex 9 is amended and supplemented as follows: | |
| ‘A. BELGIUM | |
| … (no change). | |
| B. DENMARK | |
| … (no change). | |
| C. GERMANY | |
| … (no change). | |
| D. SPAIN | |
| The annual average cost of benefits in kind is calculated by taking into consideration the general social security scheme. | |
| E. FRANCE | |
| … (no change). | |
| F. GREECE | |
| … (no change). | |
| G. IRELAND | |
| … (no change). | |
| H. ITALY | |
| … (no change). | |
| I. LUXEMBOURG | |
| … (no change). | |
| J. NETHERLANDS | |
| … (no change). | |
| K. PORTUGAL | |
| … (no change). | |
| The annual average cost of benefits in kind is calculated by taking into consideration the benefits provided by the official Health Services. | |
| L. UNITED KINGDOM | |
| … (no change).’ | |
| Annex 10 is amended and supplemented as follows: | |
| ‘A. BELGIUM | |
| … (no change). | |
| B. DENMARK | |
| … (no change). | |
| C. GERMANY | |
| … (no change). | |
| D. SPAIN | |
| 1. | For the purposes of applying Articles 6 (1), 13 (2) and (3), 14 (1), (2) and (3), 102 (2), 110 and 113 (2) of the Implementing Regulation: | Instituto Nacional de la Seguridad Social (National Institute of Social Security), Madrid | |
| 2. | For the purposes of applying Articles 11 (1), 11a and 12a, 38 (1), 70 (1), 80 (2), 81, 82 (2), 85 (2), 86 (2) of the Implementing Regulation: | |
| (a) | all schemes with the exception of the mariners' scheme: | Direcciones Provinciales del Instituto Nacional de la Seguridad Social (Provincial Directorates of the National Institute of Social Security) | |
| (b) mariners' scheme: | Instituto Social de la Marina (Mariners' Social Institute), Madrid | |
| E. FRANCE | |
| … (no change). | |
| F. GREECE | |
| … (no change). | |
| G. IRELAND | |
| … (no change). | |
| H. ITALY | |
| … (no change). | |
| I. LUXEMBOURG | |
| … (no change). | |
| J. NETHERLANDS | |
| … (no change). | |
| K. PORTUGAL | |
| I. | Mainland | |
| 1. | For the purposes of applying Article 17 of the Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 2. | For the purposes of applying Article 11 (1) and Article 11a of the Implementing Regulation: | Centro Regional de Segurança Social (Regional Centre of Social Security) with which the seconded worker is insured | |
| 3. | For the purposes of applying Article 12a of the Implementing Regulation: | Centro Regional de Segurança Social (Regional Centre of Social Security) of the place where the worker is resident or insured, whichever applies | |
| 4. | For the purposes of applying Article 13 (2) of Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions, Lisboa | |
| 5. | For the purposes of applying Article 14 (1) and (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 6. | For the purposes of applying Article 14 (3) of the Implementing Regulation: | Centro Regional de Segurança Social (Regional Centre of Social Security), Lisboa | |
| 7. | For the purposes of applying Articles 28 (1), 29 (2) and (5), 30 (1) and (3) and 31 (1) (second sentence) of the Implementing Regulation (with regard to the issuing of certificates): | Centro Nacional de Pensoes (National Pensions Centre), Lisboa | |
| 8. | For the purposes of applying Article 25 (2), 38 (1), 70 (1), 82 (2), and 86 (2) of the Implementing Regulation: | Administrative Authority of the place where the members of the family reside | |
| 9. | For the purposes of applying Article 17 (6) and (7), 18 (3), (4) and (6), 20, 21 (1), 22, 31 (1) (first sentence) and 34 (1) and (2) (first subparagraph) of the Implementing Regulation (concerning the institution of the place of residence or the institution of the place of abode, whichever applies): | Administracao Regional de Saude (Regional Health Administration) of the place of residence or of abode of the person concerned | |
| 10. | For the purposes of applying Articles 80 (2), 81 and 85 (2) of the Implementing Regulation: | Centro Regional de Segurança Social (Regional Centre of Social Security) with which the person concerned was previously last insured | |
| 11. | For the purposes of applying Article 102 (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| II. | Autonomous region of Madeira | |
| 1. | For the purposes of applying Article 17 of the Regulation: | Secretário Regional dos Assuntos Sociais (Regional Secretary of Social Affairs), Funchal | |
| 2. | For the purposes of applying Articles 11 (1) and 11a of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | |
| 3. | For the purposes of applying Article 12a of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | |
| 4. | For the purposes of applying Article 13 (2) and (3) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 5. | For the purposes of applying Article 14 (1) and (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 6. | For the purposes of applying Article 14 (3) of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | |
| 7. | For the purposes of applying Articles 28 (1), 29 (2) and (5), 30 (1) and (3) and 31 (1) (second sentence) of the Implementing Regulation (with regard to the issuing of certificates): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | |
| 8. | For the purposes of applying Articles 25 (2), 38 (1), 70 (1), 82 (2) and 86 (2) of the Implementing Regulation: | Administrative Authority of the place where the members of the family reside | |
| 9. | For the purposes of applying Articles 17 (6) and (7), 18 (3), (4) and (6), 20, 21 (1), 22, 31 (1) (first sentence) and 34 (1) and (2) (first subparagraph) of the Implementing Regulation (concerning the institution of the place of residence or the institution of the place of abode, whichever applies): | Direcção Regional de Saúde Pública (Regional Directorate of Public Health), Funchal | |
| 10. | For the purposes of applying Articles 80 (2), 81, 85 (2) of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal | |
| 11. | For the purposes of applying Article 102 (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| III. | Autonomous region of the Azores | |
| 1. | For the purposes of applying Article 17 of the Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | |
| 2. | For the purposes of applying Articles 11 (1) and 11a of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | |
| 3. | For the purposes of applying Article 12a of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | |
| 4. | For the purposes of applying Article 13 (2) and (3) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 5. | For the purposes of applying Article 14 (1) and (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| 6. | For the purposes of applying Article 14 (3) of the Implementing Regulation: | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | |
| 7. | For the purposes of applying Articles 28 (1), 29 (2) and (5), 30 (1) and (3) and 31 (1) (second sentence) of the Implementing Regulation (with regard to the issuing of certificates): | Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do Heroísmo | |
| 8. | For the purposes of applying Articles 25 (2), 38 (1), 70 (1), 82 (2) and 86 (2) of the Implementing Regulation: | Administrative Authority of the place where the members of the family reside | |
| 9. | For the purposes of applying Articles 17 (6) and (7), 18 (3), (4) and (6), 20, 21 (1), 22, 31 (1), (first sentence) and 34 (1) and (2) (first subparagraph) of the Implementing Regulation (concerning the institution of the place of residence or the institution of the place of abode, whichever applies): | Direcção Regional de Saúde (Regional Health Directorate) Angra do Heroísmo | |
| 10. | For the purposes of applying Articles 80 (2), 81 and 85 (2) of the Implementing Regulation: | (Regional Directorate of Social Security), Angra do Heroísmo | |
| 11. | For the purposes of applying Article 102 (2) of the Implementing Regulation: | Departamento de Relações Internacionais e Convenções de Segurança Social (Department of International Relations and Social Security Conventions), Lisboa | |
| L. UNITED KINGDOM | |
| … (no change).’ | |
| Annex 11 is replaced by the following: | |
| ‘ANNEX II | |
| SCHEMES REFERRED TO IN ARTICLE 35 (2) OF THE REGULATION | |
| (Article 4 (11) of the Implementing Regulation | |
| A. BELGIUM | |
| Scheme extending insurance for medical treatment (benefits in kind) to self-employed persons. | |
| B. DENMARK | |
| None. | |
| C. GERMANY | |
| None. | |
| D. SPAIN | |
| None. | |
| E. FRANCE | |
| The sickness and maternity scheme for self-employed persons not engaged in agricultural occupations set up under the amended law of 12 July 1966. | |
| F. GREECE | |
| 1. | Insurance Fund for Craftsmen and Small Traders (TEBE). | |
| 2. | Traders' Insurance Fund. | |
| 3. | Sickness Insurance Fund for Lawyers: | (a) | Provident Fund of Athens; | (b) | Provident Fund of Piraeus; | (c) | Provident Fund of Salonika; | (d) | Health Fund for Provincial Lawyers (TYDE). | |
| 4. | Medical Personnel's Insurance and Pension Fund. | |
| G. IRELAND | |
| None. | |
| H. ITALY | |
| None. | |
| I. LUXEMBOURG | |
| None. | |
| J. NETHERLANDS | |
| None. | |
| K. PORTUGAL | |
| None. | |
| L. UNITED KINGDOM | |
| None’. | |
| 3. Council Regulation (EEC) No 337/75 of 10 February 1975 (OJ No L 39, 13. 2. 1975, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 4 (1), ‘33’ is replaced by ‘39’ and in points (a), (b) and (c) of the same paragraph, ‘ten’ is replaced by ‘twelve’. | |
| 4. Council Regulation (EEC) No 1365/75 of 26 May 1975 (OJ No L 139, 30. 5. 1975, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 6 (1), ‘33’ is replaced by ‘39’ and in points (a), (b) and (c) of the same paragraph, ‘ten’ is replaced by ‘twelve’. | |
| 5. Council Regulation (EEC) No 2950/83 of 17 October 1983 (OJ No L 289, 22. 10. 1983, p. 1). | |
| In Article 3 (1), after ‘the mezzagiorno’, ‘Portugal’ is inserted. | |
| 6. Council Regulation (EEC) No 815/84 of 26 March 1984 (OJ No L 88, 31. 3. 1984, p. 1). | |
| In Article 11 (2), ‘45’ is replaced by ‘54’. | |
| 7. Council Decision 63/688/EEC of 18 December 1963 (OJ No 190, 30. 12. 1963, p. 3090/63), as amended by: | |
| — | Council Decision 68/189/EEC of 9 April 1968 (OJ No L 91, 12. 4. 1968, p. 26), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 1, ‘sixty’ is replaced by ‘seventy-two’. | |
| 8. Council Directive 68/360/EEC of 15 October 1968 (OJ No L 257, 19. 10. 1968, p. 13), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| Footnote (1) to the Annex is replaced by the following: | |
| ‘(1) | Belgian, Danish, German, Greek, Spanish, French, Irish, Italian, Luxembourg, Dutch, Portuguese, United Kingdom, depending on which country issues the card.’ | |
| 9. Council Decision 74/325/EEC of 27 June 1974 (OJ No L 185, 9. 7. 1974, p. 15), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 4 (1), ‘60’ is replaced by ‘72’. | |
| 10. Council Directive 77/576/EEC of 25 July 1977 (OJ No L 229, 7. 9. 1977, p. 12), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Directive 79/640/EEC of 21 June 1979 (OJ No L 183, 19. 7. 1979, p. 11). | |
| In Article 6 (2), ‘45’ is replaced by ‘54’. | |
| Annex II is supplemented by the corresponding entries in Spanish and Portuguese, namely: | |
| ‘
ANEXO II
ANEXO II | |
| SEÑALES ESPECIALES DE SEGURIDAD
SINALIZAÇÃO ESPECIAL DE SEGURANÇA | |
| 1. Señales de prohibiciónSinais de proibição | |
| a) | Prohibido fumar | Proibido fumar | |
| b) | Prohibido fumar o encender fuegos libres | Proibido fumar ou foguear | |
| c) | Prohibido el paso a los peatones | Passagem proibida a peões | |
| d) | Prohibido apagar con agua | Proibido apagar com água | |
| e) | Agua no potable | Água imprópria para beber | |
| 2. Señales de advertenciaSinais de perigo | |
| a) | Materias inflamables | Substâncias inflamaveis | |
| b) | Materias explosivas | Substâncias explosivas | |
| c) | Substancias venenosas | Substâncias toxicas | |
| d) | Substancias corrosivas | Substâncias corrosivas | |
| e) | Radiaciones peligrosas | Substâncias radioactivas | |
| f) | Atención a las cargas suspendidas | Cargas suspensas | |
| g) | Atención a los vehículos de mantenimiento | Carro transportador em movimento | |
| h) | Peligro eléctrico | Perigo de electrocussäo | |
| i) | Peligro general | Perigo vários | |
| j) | Peligro rayos láser | Perigo, raios laser | |
| 3. Señales de obligaciónSinais de obrigacão | |
| a) | Protección obligatoria de la vista | Protecção obrigatória dos olhos | |
| b) | Protección obligatoria de la cabeza | Protecção obrigatória da dabeca | |
| c) | Protección obligatoria de los oídos | Protecção obrigatória dos ouvidos | |
| d) | Protección obligatoria de las vías respiratorias | Protecção obrigatória dos órgãos respiratórios | |
| e) | Protección obligatoria de los pies | Protecção obrigatória dos pés | |
| f) | Protección obligatoria de las manos | Protecção obrigatória das mãos | |
| 4. Señales de emergenciaSinais de emergência | |
| a) | Puesto de socorro | Posto de primeiros socorros | |
| d) | Salida de emergencia a la izquierda | Saída de socorro à esquerda | |
| e) | Salida de emergencia | (a colocar sobre la salida) | Saída de socorro | (acolocar por cima da saída)
’. | |
| 11. Council Directive 80/1107/EEC of 27 November 1980 (OJ No L 327, 3. 12. 1980, p. 8). | |
| In Article 10 (2), ‘forty-one’is replaced by ‘fifty-four’. | |
| 12. Commission Decision 82/43/EEC of 9 December 1981 (OJ No L 20, 28. 1. 1982, p. 35). | |
| In Article 3 (1), ‘twenty’ is replaced by ‘twenty-four.’In the first paragraph of Article 6 ‘ten’ is replaced by ‘twelve’. | |
| 13. Decision of 9 July 1957 of the representatives of the Governments of the Member States, meeting within the Special Council of Ministers (OJ No 28, 31. 8. 1957, p. 487/57), as amended by: | |
| — | Decision of 11 March 1965 of the representatives of the Governments of the Member States, meeting within the Special Council of Ministers (OJ No 46, 22. 3. 1965, p. 698/65), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The Annex is amended as follows: | |
| — | in the first paragraph of Article 3 ‘forty’ is replaced by ‘forty-eight’, | |
| — | in the second paragraph of Article 9, ‘five’ is replaced by ‘six’, | |
| — | in the third paragraph of Article 13, ‘seven’ is replaced by ‘nine’, | |
| — | in the first paragraph of Article 18, ‘twenty-seven’ is replaced by ‘thirty-two’, | |
| — | in the second paragraph of Article 18, ‘twenty-one’ is replaced by ‘twenty-five’. | |
| IX. APPROXIMATION OF LEGISLATION | |
| A | |
| Technical barriers (industrial products) | |
| 1. In the following Acts and in the Articles indicated, ‘forty-five’ is replaced by ‘fifty-four’. | |
| (a) Council Directive 67/548/EEC of 27 June 1967 (OJ No 196, 16. 8. 1967, p. 1), as amended by: | |
| — | Council Directive 69/81/EEC of 13 March 1969 (OJ No L 68, 19. 3. 1969, p. 1), | |
| — | Council Directive 70/189/EEC of 6 March 1970 (OJ No L 59, 14. 3. 1970, p. 33), | |
| — | Council Directive 71/144/EEC of 22 March 1971 (OJ No L 74, 29. 3. 1971, p. 15), | |
| — | Council Directive 73/146/EEC of 21 May 1973 (OJ No L 167, 25. 6. 1973, p. 1), | |
| — | Council Directive 75/409/EEC of 24 June 1975 (OJ No L 183, 14. 7. 1975, p. 22), | |
| — | Commission Directive 76/907/EEC of 14 July 1976 (OJ No L 360, 30. 12. 1976, p. 1) as corrected in OJ No L 28, 2. 2. 1979, p. 32, | |
| — | Commission Directive 79/370/EEC of 30 January 1979 (OJ No L 88, 7. 4. 1979, p. 1), | |
| — | Council Directive 79/831/EEC of 18 September 1979 (OJ No L 259, 15. 10. 1979, p. 10), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1189/EEC of 4 December 1980 (OJ No L 366, 31. 12. 1980, p. 1), | |
| — | Commission Directive 81/957/EEC of 23 October 1981 (OJ No L 351, 7. 12. 1981, p. 5), | |
| — | Commission Directive 82/232/EEC of 25 March 1982 (OJ No L 106, 21. 4. 1982, p. 18), | |
| — | Commission Directive 83/467/EEC of 29 July 1983 (OJ No L 257, 16. 9. 1963, p. 1), | |
| — | Commission Directive 84/449/EEC of 25 April 1984 (OJ No L 251, 19. 9. 1984, p. 1): | |
| Article 21 (2). | |
| (b) Council Directive 70/156/EEC of 6 February 1970 (OJ No L 42, 23. 2. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 78/315/EEC of 21 December 1977 (OJ No L 81, 28. 3. 1978, p. 1), | |
| — | Council Directive 78/547/EEC of 12 June 1978 (OJ No L 168, 26. 6. 1978, p. 39), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1267/EEC of 16 December 1980 (OJ No L 375, 31. 12. 1980, p. 34), as corrected in OJ No L 265, 19. 9. 1981, p. 28: | |
| Article 13 (2). | |
| (c) Council Directive 73/361/EEC of 19 November 1973 (OJ No L 335, 5. 12. 1973, p. 51), as amended by: | |
| — | Commission Directive 76/434/EEC of 13 April 1976 (OJ No L 122, 8. 5. 1976, p. 20), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 5 (2). | |
| (d) Council Directive 74/150/EEC of 4 March 1974 (OJ No L 84, 28. 3. 1974, p. 10), as amended by: | |
| — | Council Directive 79/694/EEC of 24 July 1979 (OJ No L 205, 13. 8. 1979, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 82/890/EEC of 17 December 1982 (OJ No L 378, 31. 12. 1982, p. 45): | |
| Article 13 (2). | |
| (e) Council Directive 75/324/EEC of 20 May 1975 (OJ No L 147, 9. 6. 1975, p. 40), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 7 (2). | |
| (f) Council Directive 76/116/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 21), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 11 (2). | |
| (g) Council Directive 76/117/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 45), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 7 (2). | |
| (h) Council Directive 76/767/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 153), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 20 (2). | |
| (i) Council Directive 76/889/EEC of 4 November 1976 (OJ No L 336, 4. 12. 1976, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Directive 82/449/EEC of 7 June 1982 (OJ No L 222, 30. 7. 1982, p. 1): | |
| Article 8 (2). | |
| (j) Council Directive 79/113/EEC of 19 December 1978 (OJ No L 33, 8. 2. 1979, p. 15), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/1051/EEC of 7 December 1981 (OJ No L 376, 30. 12. 1981, p. 49): | |
| Article 5 (2). | |
| (k) Council Directive 82/130/EEC of 15 February 1982 (OJ No L 59, 2. 3. 1982, p. 10): | |
| Article 7 (2). | |
| (l) Council Directive 84/530/EEC of 17 September 1984 (OJ No L 300, 19. 11. 1984, p. 95): | |
| Article 19 (2). | |
| (m) Council Directive 84/532/EEC of 17 September 1984 (OJ No L 300, 19. 11. 1984, p. 111): | |
| Article 24 (2). | |
| (n) Council Directive 84/539/EEC of 17 September 1984 (OJ No L 300, 19. 11. 1984, p. 179): | |
| Article 6 (2). | |
| 2. Council Directive 69/493/EEC of 15 December 1969 (OJ No L 326, 29. 12. 1969, p. 36), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added in column -b- of Annex I: | |
| — | opposite point 1: | ‘CRISTAL SUPERIOR | 30 % | CRISTAL DE CHUMBO SUPERIOR | 30 %’, | |
| — | opposite point 2: | ‘ΜΟΛΥΒΔΟΥΧΑ ΚΡΥΣΤΑΛΛΑ | 24 % | CRISTAL AL PLOMO | 24 % | CRISTAL DE CHUMBO | 24 %’, | |
| — | opposite point 3: | ‘
VIDRIO SONORO SUPERIOR | VIDRO SONORO SUPERIOR
’, | |
| — | opposite point 4: | ‘
VIDRIO SONORO | VIDRO SONORO
’. | |
| 3. Council Directive 70/156/EEC of 6 February 1970 (OJ No L 42, 23. 2. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 78/315/EEC of 21 December 1977 (OJ No L 81, 28. 3. 1978, p. 1), | |
| — | Council Directive 78/547/EEC of 12 June 1978 (OJ No L 168, 26. 6. 1978, p. 39), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1267/EEC of 16 December 1980 (OJ No L 375, 31. 12. 1980, p. 34), as corrected in OJ No L 265, 19. 9. 1981, p. 28. | |
| The following is added to Article 2 (a): | |
| ‘— | homologación de tipo in Spanish law, | |
| — | aprovação de marca e modelo in Portuguese law.’ | |
| 4. Council Directive 70/157/EEC of 6 February 1970 (OJ No L 42, 23. 2. 1970, p. 16), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Commission Directive 73/350/EEC of 7 November 1973 (OJ No L 321, 22. 11. 1973, p. 33), | |
| — | Council Directive 77/212/EEC of 8 March 1977 (OJ No L 66, 12. 3. 1977, p. 33), | |
| — | Commission Directive 81/334/EEC of 13 April 1981 (OJ No L 131, 18. 5. 1981, p. 6). | |
| In Annex II, the footnote relating to point 3.1.3is replaced by the following: | |
| ‘(1) | B = Belgium, D = Germany, DK = Denmark, E = Spain, F = France, GR = Greece, I = Italy, IRL = Ireland, L = Luxembourg, N L = Netherlands, P = Portugal, UK = United Kingdom.’ | |
| In Annex IV, the footnote concerning the distinctive letter(s) of the country granting type-approval is replaced by the following: | |
| ‘(1) | Preceded by the distinctive letter(s) of the country granting type-approval: B = Belgium, D = Germany, DK = Denmark, E = Spain, F = France, GR = Greece, I = Italy, IRL = Ireland, L = Luxembourg, N L = Netherlands, P = Portugal, UK = United Kingdom.’ | |
| 5. Council Directive 70/388/EEC of 27 July 1970 (OJ No L 176, 10. 8. 1970, p. 12), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| as corrected in OJ No L 329, 25. 11. 1982, p. 31. | |
| In point 1.4.1 of Annex I, the text in brackets is replaced by the following: | |
| ‘(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium, 9 for Spain, 11 for the United Kingdom, 13 for Luxembourg, the letters DK for Denmark, GR for Greece, IRL for Ireland, P for Portugal)’. | |
| 6. Council Directive 71/127/EEC of 1 March 1971 (OJ No L 68, 22. 3. 1971, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14). | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| — | Commission Directive 79/795/EEC of 20 July 1979 (OJ No L 239, 22. 9. 1979, p. 1). | |
| In point 2.6.2.1 of Annex I, the text in bracketsis replaced by the following: | |
| ‘(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium, 9 for Spain, 11 for the United Kingdom, 13 for Luxembourg, 18 for Denmark, GR for Greece, IRL for Ireland, P for Portugal)’. | |
| 7. Council Directive 71/316/EEC of 26 July 1971 (OJ No L 202, 6. 9. 1971, p. 1), as amended by. | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 72/427/EEC of 19 December 1972 (OJ No L 291, 28. 12. 1972, p. 156), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/575/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 43). | |
| In the first indent of point 3.1 of Annex I and the first indent of point 3.1.1.1 (a) of Annex II, the text in brackets is replaced by the following: | |
| ‘(B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, GR for Greece, I for Italy, IRL for Ireland, L for Luxembourg, N L for Netherlands, P for Portugal, UK for the United Kingdom)’. | |
| 8. Council Directive 71/347/EEC of 12 October 1971 (OJ No L 239, 25. 10. 1971, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added between the brackets in Article 1 (a): | |
| ‘
masa del hectolitro CEE,peso hectolitro CEE
’. | |
| 9. Council Directive 71/348/EEC of 12 October 1971 (OJ No L 239, 25. 10. 1971, p. 9), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to point 4.8.1 of Chapter IV of the Annex: | |
| ‘1 peseta | |
| 10 centavos’. | |
| 10. Council Directive 74/150/EEC of 4 March 1974 (OJ No L 84, 28. 3. 1974, p. 10), as amended by: | |
| — | Council Directive 79/694/EEC of 24 July 1979 (OJ No L 205, 13. 8. 1979, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 82/890/EEC of 17 December 1982 (OJ No L 378, 31. 12. 1982, p. 45). | |
| The following is added to Article 2 (a): | |
| ‘— | homologación de tipo in Spanish law, | |
| — | aprovação de marca e modelo in Portuguese law;’. | |
| 11. Council Directive 74/483/EEC of 17 September 1974 (OJ No L 266, 2. 10. 1974, p. 4), as amended by Commission Directive 79/488/EEC of 18 April 1979 (OJ No L 128, 26. 5. 1979, p. 1). | |
| In Annex I, the footnote relating to point 3.2.2.2is replaced by the following: | |
| ‘(1) | B = Belgium, D = Germany, DK = Denmark, E = Spain, F = France, GR = Greece, I = Italy, IRL = Ireland, L = Luxembourg, N L = Netherlands, P = Portugal, UK = United Kingdom.’ | |
| 12. Council Directive 76/114/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 31), as amended by: | |
| — | Commission Directive 78/507/EEC of 19 May 1978 (OJ No L 155, 13. 6. 1978, p. 31), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| as corrected in OJ No L 329, 25. 11. 1982, p. 31. | |
| In point 2.1.2 of the Annex, the text in the brackets is replaced by the following: | |
| ‘(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium, 9 for Spain, 11 for the United Kingdom, 13 for Luxembourg, 18 for Denmark, GR for Greece, IRL for Ireland, P for Portugal)’. | |
| 13. In the following acts, at the places mentioned, the distinctive numbers and letters indicating the Member States are replaced by: | |
| ‘1 | for Germany | |
| 2 | for France | |
| 3 | for Italy | |
| 4 | for the Netherlands | |
| 6 | for Belgium | |
| 9 | for Spain | |
| 11 | for the United Kingdom | |
| 13 | for Luxembourg | |
| DK | for Denmark | |
| GR | for Greece | |
| IRL | for Ireland | |
| P | for Portugal’. | |
| (a) Council Directive 76/757/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 32), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex III (point 4.2). | |
| (b) Council Directive 76/758/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 54), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex III (point 4.2). | |
| (c) Council Directive 76/759/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 71), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex III (point 4.2). | |
| (d) Council Directive 76/760/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 85), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex I (point 4.2). | |
| (e) Council Directive 76/761/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 96), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex VI (point 4.2). | |
| (f) Council Directive 76/762/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 122), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex II (point 4.2). | |
| 14. Council Directive 76/767/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 153), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In the first indent of point 3.1 of Annex I and in the first indent of point 3.1.1.1.1 of Annex II, the text between brackets is replaced by the following: | |
| ‘(B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, GR for Greece, I for Italy, IRL for Ireland, L for Luxembourg, N L for the Netherlands, P for Portugal, UK for the United Kingdom)’. | |
| 15. In the following acts, at the places mentioned, the distinctive numbers and letters indicating the Member States are replaced by: | |
| ‘1 | for Germany | |
| 2 | for France | |
| 3 | for Italy | |
| 4 | for the Netherlands | |
| 6 | for Belgium | |
| 9 | for Spain | |
| 11 | for the United Kingdom | |
| 13 | for Luxembourg | |
| DK | for Denmark | |
| GR | for Greece | |
| IRL | for Ireland | |
| P | for Portugal’. | |
| (a) Council Directive 77/536/EEC of 28 June 1977 (OJ No L 220, 29. 8. 1977, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex VI. | |
| (b) Council Directive 77/538/EEC of 28 June 1977 (OJ No L 220, 29. 8. 1977, p. 60), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex II (point 4.2). | |
| (c) Council Directive 77/539/EEC of 28 June 1977 (OJ No L 220, 29. 8. 1977, p. 72), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex II (point 4.2). | |
| (d) Council Directive 77/540/EEC of 28 June 1977 (OJ No L 220, 29. 8. 1977, p. 83), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Annex IV (point 4.2). | |
| (e) Council Directive 77/541/EEC of 28 June 1977 (OJ No L 220, 29. 8. 1977, p. 95), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/576/EEC of 20 July 1981 (OJ No L 209, 29. 7. 1981, p. 32), as corrected in OJ No L 357, 12. 12. 1981, p. 23, | |
| — | Commission Directive 82/319/EEC of 2 April 1982 (OJ No L 139, 19. 5. 1982, p. 17): | |
| Annex III (point 1.1.1). | |
| (f) Council Directive 78/764/EEC of 25 July 1978 (OJ No L 255, 18. 9. 1978, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 82/890/EEC of 17 December 1982 (OJ No L 378, 31. 12. 1982, p. 45), | |
| — | Commission Directive 83/190/EEC of 28 March 1983 (OJ No L 109, 26. 4. 1983, p. 13): | |
| Annex II (point 3.5.2.1). | |
| (g) Council Directive 78/932/EEC of 16 October 1978 (OJ No L 325, 20. 11. 1978, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), as corrected in OJ No L 329, 25. 11. 1982, p. 31: | |
| Annex VI (point 1.1.1). | |
| (h) Council Directive 79/622/EEC of 25 June 1979 (OJ No L 179, 17. 7. 1979, p. 1), as amended by Commission Directive 82/953/EEC of 15 December 1982 (OJ No L 386, 31. 12. 1982, p. 31): | |
| Annex VI. | |
| 16. Council Directive 78/1015/EEC of 23 November 1978 (OJ No L 349, 13. 12. 1978, p. 21), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), as corrected in OJ No L 10, 16. 1. 1979, p. 15. | |
| The following is added to Article 2: | |
| ‘— | homologación de tipo in Spanish law, | |
| — | aprovação de marca e modelo in Portuguese law.’ | |
| 17. Council Directive 80/780/EEC of 22 July 1980 (OJ No L 229, 30. 8. 1980, p. 49), as amended by Council Directive 80/1272/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 73). | |
| The following is added to Article 8: | |
| ‘— | homologación de tipo in Spanish law, | |
| — | aprovação de marca e modelo in Portuguese law.’ | |
| 18. Council Directive 83/189/EEC of 28 March 1983 (OJ No L 109, 26. 4. 1983, p. 8). | |
| The following is added to List 1 of the Annex: | |
| ‘IRANOR (Spain) | |
| Instituto Espanol de Normalización | |
| Fernández de la Hoz, 52 | |
| Madrid-28010 | |
| DGQ (Portugal) | |
| Direcção Geral de Qualidade | |
| Rua José Estevão, 83 A | |
| 1199 Lisboa’. | |
| 19. In the following acts, in the places indicated, the text in brackets is replaced by the following: | |
| ‘(B for Belgium, D for the Federal Republic of Germany, DK for Denmark, E for Spain, F for France, GR for Greece, I for Italy, IRL for Ireland, L for Luxembourg, N L for the Netherlands, P for Portugal, UK for the United Kingdom)’. | |
| (a) Council Directive 84/528/EEC of 17 September 1984 (OJ No L 300, 19. 11. 1984, p. 72): | |
| Annex I (point 3). | |
| (b) Council Directive 84/530/EEC of 17 September 1984 (OJ No L 300, 19. 11. 1984, p. 95): | |
| Annex I (point 3). | |
| B | |
| Foodstuffs | |
| 1. In the following Acts and in the Articles indicated ‘forty-five’ is replaced by ‘fifty-four’. | |
| (a) Council Directive of 23 October 1962 (OJ No 115, 11. 11. 1962, p. 2645/62), as amended by: | |
| — | Council Directive 65/469/EEC of 25 October 1965 (OJ No 178, 26. 10. 1965, p. 2793/65), | |
| — | Council Directive 67/653/EEC of 24 October 1967 (OJ No 263, 30. 10. 1967, p. 4), | |
| — | Council Directive 68/419/EEC of 20 December 1968 (OJ No L 309, 24. 12. 1968, p. 24), | |
| — | Council Directive 70/358/EEC of 13 July 1970 (OJ No L 157, 18. 7. 1970, p. 36), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 76/399/EEC of 6 April 1976 (OJ No L 108, 26. 4. 1976, p. 19), | |
| — | Council Directive 78/144/EEC of 30 January 1978 (OJ No L 44, 15. 2. 1978, p. 20), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/20/EEC of 20 January 1981 (OJ No L 43, 14. 2. 1981, p. 11), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 11a (2). | |
| (b) Council Directive 64/54/EEC of 5 November 1963 (OJ No 12, 27. 1. 1964, p. 161/64), as amended by: | |
| — | Council Directive 65/569/EEC of 23 December 1965 (OJ No 222, 28. 12. 1965, p. 3263/65), | |
| — | Council Directive 66/722/EEC of 14 December 1966 (OJ No L 233, 20. 12. 1966, p. 3947/66), | |
| — | Council Directive 67/427/EEC of 27 June 1967 (OJ No 148, 11. 7. 1967, p. 1), | |
| — | Council Directive 68/420/EEC of 20 December 1968 (OJ No L 309, 24. 12. 1968, p. 25), | |
| — | Council Directive 70/359/EEC of 13 July 1970 (OJ No L 157, 18. 7. 1970, p. 38), | |
| — | Council Directive 71/160/EEC of 30 March 1971 (OJ No L 87, 17. 4. 1971, p. 12), | |
| — | Council Directive 72/2/EEC of 20 December 1971 (OJ No L 2, 4. 1. 1972, p. 22), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 72/444/EEC of 26 December 1972 (OJ No L 298, 31. 12. 1972, p. 48), | |
| — | Council Directive 74/62/EEC of 17 December 1973 (OJ No L 38, 11. 2. 1974, p. 29), | |
| — | Council Directive 74/394/EEC of 22 July 1974 (OJ No L 208, 30. 7. 1974, p. 25), | |
| — | Council Directive 76/462/EEC of 4 May 1976 (OJ No L 126, 14. 5. 1976, p. 31), | |
| — | Council Directive 76/629/EEC of 20 July 1976 (OJ No L 223, 16. 8. 1976, p. 3), | |
| — | Council Directive 78/145/EEC of 30 January 1978 (OJ No L 44, 15. 2. 1978, p. 23), | |
| — | Council Directive 79/40/EEC of 18 December 1978 (OJ No L 13, 19. 1. 1979, p. 50), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/214/EEC of 16 March 1981 (OJ No L 101, 11. 4. 1981, p. 109), | |
| — | Council Directive 83/585/EEC of 25 November 1983 (OJ No L 335, 30. 11. 1983, p. 38), | |
| — | Council Directive 83/636/EEC of 13 December 1983 (OJ No L 357, 21. 12. 1983, p. 40), | |
| — | Council Directive 84/86/EEC of 6 February 1984 (OJ No L 40, 11. 2. 1984, p. 29), | |
| — | Council Directive 84/223/EEC of 9 April 1984 (OJ No L 104, 17. 4. 1984, p. 25), as corrected in OJ No L 106, 19. 4. 1984, p. 59, | |
| — | Council Directive 84/261/EEC of 7 May 1984 (OJ No L 129, 15. 5. 1984, p. 28), | |
| — | Council Directive 84/458/EEC of 18 September 1984 (OJ No L 256, 26. 9. 1984, p. 19), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 8a (2). | |
| (c) Council Directive 70/357/EEC of 13 July 1970 (OJ No L 157, 18. 7. 1970, p. 31), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 74/412/EEC of 1 August 1974 (OJ No L 221, 12. 8. 1974, p. 18), | |
| — | Council Directive 78/143/EEC of 30 January 1978 (OJ No L 44, 15. 2. 1978, p. 18), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/962/EEC of 24 November 1981 (OJ No L 354, 9. 12. 1981, p. 22), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22), | |
| as corrected in OJ No L 18, 22. 1. 1972, p. 12: | |
| Article 6 (2). | |
| (d) Council Directive 73/241/EEC of 24 July 1973 (OJ No L 228, 16. 8. 1973, p. 23), as amended by: | |
| — | Council Directive 74/411/EEC of 1 August 1974 (OJ No L 221, 12. 8. 1974, p. 17), | |
| — | Council Directive 74/644/EEC of 19 December 1974 (OJ No L 349, 28. 12. 1974, p. 63), | |
| — | Council Directive 75/155/EEC of 4 March 1975 (OJ No L 64, 11. 3. 1975, p. 21), | |
| — | Council Directive 76/628/EEC of 20 July 1976 (OJ No L 223, 18. 8. 1976, p. 1), | |
| — | Council Directive 78/609/EEC of 29 June 1978 (OJ No L 197, 22. 7. 1978, p. 10), | |
| — | Council Directive 78/842/EEC of 10 October 1978 (OJ No L 291, 17. 10. 1978, p. 15), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/608/EEC of 30 June 1980 (OJ No L 170, 3. 7. 1980, p. 33), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 12 (2). | |
| (e) Council Directive 73/437/EEC of 11 December 1973 (OJ No L 356, 27. 12. 1973, p. 71), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 12 (2). | |
| (f) Council Directive 74/329/EEC of 18 June 1974 (OJ No L 189, 12. 7. 1974, p. 1), as amended by: | |
| — | Council Directive 78/612/EEC of 29 June 1978 (OJ No L 197, 22. 7. 1978, p. 22), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/597/EEC of 29 May 1980 (OJ No L 155, 23. 6. 1980, p. 23), | |
| — | Council Directive 85/6/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 21), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 10 (2). | |
| (g) Council Directive 74/409/EEC of 22 July 1974 (OJ No L 221, 12. 8. 1974, p. 10), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 10 (2). | |
| (h) Council Directive 75/726/EEC of 17 November 1975 (OJ No L 311, 1. 12. 1975, p. 40), as amended by: | |
| — | Council Directive 79/168/EEC of 5 February 1979 (OJ No L 37, 13. 2. 1979, p. 27), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 14 (2). | |
| (i) Council Directive 76/118/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 49), as amended by: | |
| — | Council Directive 78/630/EEC of 19 June 1978 (OJ No L 206, 29. 7. 1978, p. 12), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/685/EEC of 13 December 1983 (OJ No L 357, 21. 12. 1983, p. 37): | |
| Article 12 (2). | |
| (j) Council Directive 76/621/EEC of 20 July 1976 (OJ No L 202, 28. 7. 1976, p. 35), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 5 (2). | |
| (k) Council Directive 76/893/EEC of 23 November 1976 (OJ No L 340, 9. 2. 1976, p. 19), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1276/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 77), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 10 (2). | |
| (l) Council Directive 77/94/EEC of 21 December 1976 (OJ No L 26, 31. 1. 1977, p. 55), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 9 (2). | |
| (m) Council Directive 77/436/EEC of 27 June 1977 (OJ No L 172, 12. 7. 1977, p. 20), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 9 (2). | |
| (n) Council Directive 79/693/EEC of 24 July 1979 (OJ No L 205, 13. 8. 1979, p. 5), as amended by Council Directive 80/1276/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 77): | |
| Article 13 (2). | |
| (o) Council Directive 80/777/EEC of 15 July 1980 (OJ No L 229, 30. 8. 1980, p. 1), as amended by: | |
| — | Council Directive 80/1276/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 77), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 12 (2). | |
| (p) Council Directive 83/417/EEC of 25 July 1983 (OJ No L 237, 26. 8. 1983, p. 25): | |
| Article 10 (2). | |
| 2. Council Directive 75/726/EEC of 17 November 1975 (OJ No L 311, 1. 12. 1975, p. 40), as amended by: | |
| — | Council Directive 79/168/EEC of 5 February 1979 (OJ No L 37, 13. 2. 1979, p. 27), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 3 (2) (c): | |
| ‘
“sumo e polpa” for fruit nectars obtained exclusively from fruit purée and/or concentrated fruit purée’. | |
| 3. Council Directive 76/118/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 49), as amended by: | |
| — | Council Directive 78/630/EEC of 19 June 1978 (OJ No L 206, 29. 7. 1978, p. 12), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/635/EEC of 13 December 1983 (OJ No L 357, 21. 12. 1983, p. 37). | |
| The following is added to Article 3 (2): | |
| ‘(g) | “leite em pó meio gordo” in Portugal to describe dehydrated milk with a fat content greater than 13 % and less than 26 %.’ | |
| 4. Council Directive 76/893/EEC of 23 November 1976 (OJ No L 340, 9. 2. 1976, p. 19), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1276/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 77), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22). | |
| The following is added to Article 7 (1) (a): | |
| ‘— | «para uso alimentario», | |
| — | «para contacto com géneros alimenticios».’ | |
| 5. Commission Directive 80/590/EEC of 9 June 1980 (OJ No L 151, 19. 6. 1980, p. 21). | |
| The Annex is amended as follows: | |
| — | the title is supplemented by the term ‘ANEXO’, | |
| — | the text is supplemented by the term ‘Símbolo’. | |
| C | |
| Proprietary medicinal products | |
| Council Directive 78/25/EEC of 12 December 1977 (OJ No L 11, 14. 1. 1978, p. 18), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | the Council Directive 81/464/EEC of 24 June 1981 (OJ No L 183, 4. 7. 1981, p. 33). | |
| In Article 6 (2) ‘forty-five’is replaced by ‘fifty-four’. | |
| D | |
| Public contracts | |
| Council Directive 77/62/EEC of 21 December 1976 (OJ No L 13, 15. 1. 1977, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/767/EEC of 22 July 1980 (OJ No L 215, 18. 8. 1980, p. 1). | |
| The following is added to Annex I: | |
| ‘XII. In Spain: | |
| other legal persons subject to public rules for the award of contracts. | |
| XIII. In Portugal: | |
| legal persons governed by public law whose public supply contracts are subject to State control.’ | |
| E | |
| Commerce and distribution | |
| Commission Decision 81/428/EEC of 20 May 1981 (OJ No L 165, 23. 6. 1981, p. 24). | |
| In the first paragraph of Article 3, ‘42’ is replaced by ‘50’. | |
| In the second paragraph of Article 3, ‘22’ is replaced by ‘26’. | |
| In the first paragraph of Article 7, ‘ten’ is replaced by ‘twelve’. | |
| F | |
| Insurance | |
| Second Council Directive 84/5/EEC of 30 December 1983 (OJ No L 8, 11. 1. 1984, p. 17). | |
| Article 5 (3) (a) is replaced by the following: | |
| ‘(a) | the Kingdom of Spain, the Hellenic Republic and the Portuguese Republic shall have a period until 31 December 1995 in which to increase guarantees to the levels required by Article 1 (2). If they avail themselves of this option the guarantee must reach, by reference to the amounts laid down in that Article: | — | more than 16 %, not later than 31 December 1988, | — | 31 %, not later than 31 December 1992;’. | |
| Article 5 (4) (b) is replaced by the following: | |
| ‘(b) | the Kingdom of Spain, the Hellenic Republic, Ireland and the Portuguese Republic may provide that: | — | compensation by the body referred to in Article 1 (4) for damage to property shall be excluded until 31 December 1992, | — | the excess referred to in the fifth subparagraph of Article 1 (4) and the excess referred to in the second subparagraph of Article 2 (2) shall be 1 500 ECU until 31 December 1995.’ | |
| X. ENVIRONMENT AND CONSUMER PROTECTION | |
| 1. In the following Acts and in the Articles indicated, ‘forty-five’ is replaced by ‘fifty-four’. | |
| (a) Council Directive 72/276/EEC of 17 July 1972 (OJ No L 173, 31. 7. 1972, p. 1), as amended by: | |
| — | Commission Directive 79/76/EEC of 21 December 1978 (OJ No L 17, 24. 1. 1979, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/75/EEC of 17 February 1981 (OJ No L 57, 4. 3. 1981, p. 23): | |
| Article 6 (2). | |
| (b) Council Directive 76/160/EEC of 8 December 1975 (OJ No L 31, 5. 2. 1976, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 11 (2). | |
| (c) Council Directive 76/768/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 169), as amended by: | |
| — | Council Directive 79/661/EEC of 24 July 1979 (OJ No L 192, 31. 7. 1979, p. 35), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Directive 82/147/EEC of 11 February 1982 (OJ No L 63, 6. 3. 1982, p. 26), | |
| — | Council Directive 82/368/EEC of 17 May 1982 (OJ No L 167, 15. 6. 1982, p. 1), | |
| — | Commission Directive 83/191/EEC of 30 March 1983 (OJ No L 109, 26. 4. 1983, p. 25), | |
| — | Commission Directive 83/341/EEC of 29 June 1983 (OJ No L 188, 13. 7. 1983, p. 15), | |
| — | Commission Directive 83/496/EEC of 22 September 1983 (OJ No L 275, 8. 10. 1983, p. 20), | |
| — | Council Directive 83/574/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 38), | |
| — | Commission Directive 84/415/EEC of 18 July 1984 (OJ No L 228, 25. 8. 1984, p. 38), as corrected in OJ No L 255, 29. 9. 1984, p. 28: | |
| Article 10 (2). | |
| (d) Council Decision 77/795/EEC of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 29), | |
| as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Decision 81/856/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 17), | |
| — | Commission Decision 84/422/EEC of 24 July 1984 (OJ No L 237, 5. 9. 1984, p. 15): | |
| Article 8 (2). | |
| (e) Council Directive 78/319/EEC of 20 March 1978 (OJ No L 84, 31. 3. 1978, p. 43), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 19 (2). | |
| (f) Council Directive 78/659/EEC of 18 July 1978 (OJ No L 222, 14. 8. 1978, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Article 14 (2). | |
| (g) Council Directive 79/112/EEC of 18 December 1978 (OJ No L 33, 8. 2. 1979, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3. 1. 1985, p. 22): | |
| Article 17 (2). | |
| (h) Council Directive 79/409/EEC of 2 April 1979 (OJ No L 103, 25. 4. 1979, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/454/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 3): | |
| Article 17 (2). | |
| (i) Council Directive 79/869/EEC of 9 October 1979 (OJ No L 271, 29. 10. 1979, p. 44), as amended by Council Directive 81/855/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 16): | |
| Article 11 (2). | |
| (j) Council Directive 80/778/EEC of 15 July 1980 (OJ No L 229, 30. 8. 1980, p. 11), as amended by Council Directive 81/858/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 19): | |
| Article 15 (2). | |
| (k) Council Directive 80/779/EEC of 15 July 1980 (OJ No L 229, 30. 8. 1980, p. 18), as amended by Council Directive 81/857/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 18): | |
| Article 14 (2). | |
| (l) Council Regulation (EEC) No 348/81 of 20 January 1981 (OJ No L 39, 12. 2. 1981, p. 1): | |
| Article 2 (2) (a). | |
| (m) Council Directive 82/501/EEC of 24 June 1982 (OJ No L 230, 5. 8. 1982, p. 1), as corrected in OJ No L 289, 13. 10. 1982, p. 35: | |
| Article 16 (2). | |
| (n) Council Regulation (EEC) No 3626/82 of 3 December 1982 (OJ No L 384, 31. 12. 1982, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 3645/83 of 28 November 1983 (OJ No L 367, 28. 12. 1983, p. 1), | |
| — | Commission Regulation (EEC) No 3646/83 of 12 December 1983 (OJ No L 367, 28. 12. 1983, p. 2), as corrected in OJ No L 62, 3. 3. 1984, p. 27, | |
| — | Commission Regulation (EEC) No 577/84 of 5 March 1984 (OJ No L 64, 6. 3. 1984, p. 5), | |
| — | Commission Regulation (EEC) No 1451/84 of 25 May 1984 (OJ No L 140, 26. 5. 1984, p. 21), | |
| — | Commission Regulation (EEC) No 1452/84 of 25 May 1984 (OJ No L 140, 26. 5. 1984, p. 23): | |
| Article 21 (2). | |
| (o) Council Directive 82/883/EEC of 3 December 1982 (OJ No L 378, 31. 12. 1982, p. 1): | |
| Article 11 (2). | |
| (p) Council Directive 82/884/EEC of 3 December 1982 (OJ No L 378, 31. 12. 1982, p. 15): | |
| Article 11 (2). | |
| 2. Council Directive 71/307/EEC of 26 July 1971 (OJ No L 185, 16. 8. 1971, p. 16), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 75/36/EEC of 17 December 1974 (OJ No L 14, 20. 1. 1975, p. 15), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/623/EEC of 25 November 1983 (OJ No L 353, 15. 12. 1983, p. 8). | |
| The following is added to Article 5 (1): | |
| ‘— | «pura lana», | |
| — | «lã virgem»,’. | |
| 3. Commission Decision 76/431/EEC of 21 April 1976 (OJ No L 115, 1. 5. 1976, p. 73), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 3 (1), ‘twenty-two’is replaced by ‘twenty-six’. | |
| 4. Council Decision 77/795/EEC of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 29), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Decision 81/856/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 17), | |
| — | Commission Decision 84/422/EEC of 24 July 1984 (OJ No L 237, 5. 9. 1984, p. 15). | |
| The following is added to Annex I: | |
| ‘SPAIN | |
| Sampling or measuring stations | List of rivers | |
| San Esteban de Gormaz | station no 02.07 | Douro | |
| Villamarciel | station no 02.54 | Douro | |
| Puente Pino | station no 02.53 | Douro | |
| Trillo | station no 03.93 | Tagus | |
| Aranjuez | station no 03.11 | Tagus | |
| Talavera de la Reina | station no 03.15 | Tagus | |
| Alcántara | station no 03.19 | Tagus | |
| Balbuena | station no 04.08 | Guadiana | |
| Badajoz | station no 04.18 | Guadiana | |
| Menjíbar | station no 05.04 | Guadalquivir | |
| Peñaflor | station no 05.06 | Guadalquivir | |
| Sevilla | station no 05.74 | Guadalquivir | |
| Miranda de Ebro | station no 09.01 | Ebro | |
| Zaragoza | station no 09.11 | Ebro | |
| Tortosa | station no 09.27 | Ebro | |
| PORTUGAL | |
| Sampling or measuring stations | List of rivers | |
| Lanhelas | station no 01.1 | Minho | |
| Messegães | station no 01.4 | Minho | |
| Porto | station no 09.1 | Douro | |
| Barca d'Alva | station no 09.8 | Douro | |
| Miranda do Douro | station no 09.11 | Douro | |
| S. João de Loure | station no 12.2 | Vouga | |
| Penacova | station no 16.4 | Mondego | |
| Santarém | station no 30.3 | Tagus | |
| Perais | station no 30.10 | Tagus | |
| Castelo de Bode | station no 30.20.2 | Zêzere | |
| Mértola | station no 54.3 | Guadiana‘ | |
| Sa da Ajuda | station no 54.7 | Guadiana’ | |
| 5. Commission Decision 78/618/EEC of 28 June 1978 (OJ No L 198, 22. 7. 1978, p. 17), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 3, ‘24’ is replaced by ‘28’, and ‘20’ by ‘24’. | |
| In the second paragraph of Article 4, ‘ten’ is replaced by ‘twelve’. | |
| 6. Council Directive 79/409/EEC of 2 April 1979 (OJ No L 103, 25. 4. 1979, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17) | |
| — | Council Directive 81/854/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 3) | |
| (a) | Annex I is amended as follows: | — | In the title, the following is added: | ‘
ANEXO I
’, ‘
ANEXO I
’. | — | In the table, the following two columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Español | Português | 1. | Colimbo grande | Mobelha-grande | 2. | Pardela cenicienta | Pardela-de-bico-amarelo | 3. | Paíño común | Painho-de-cauda-quadrada | 4. | Paíño de Leach | Painho-de-cauda-forcada | 5. | Cormorán grande (continental) | Corvo-marinho-de-faces-brancas | 6. | Avetoro común | Abetouro-comum | 7. | Martinete | Goraz | 8. | Garcilla cangrejera | Papa-ratos | 9. | Garceta común | Garça-branca-pequena | 10. | Garceta grande | Garça-branca-grande | 11. | Garza imperial | Garça-vermelha | 12. | Cigüeña negra | Cegonha-preta | 13. | Cigüeña común | Cegonha-branca | 14. | Morito | Maçarico-preto | 15. | Espátula | Colhereiro | 16. | Flamenco común | Flamingo-comum | 17. | Cisne chico o de Bewick | Cisne-pequeno | 18. | Cisne cantor | Cisne-bravo | 19. | Ánsar careto de Groenlandia | Ganso-de-Gronelândia | 20. | Barnacla cariblanca | Ganso-de-faces-brancas | 21. | Porrón pardo | Zarro-castanho | 22. | Malvasía | Pato-rabo-alçado | 23. | Halcón abejero | Falcão-abelheiro | 24. | Milano negro | Milhafre-preto | 25. | Milano real | Milhano | 26. | Pigargo | Águia-rabalva | 27. | Quebrantahuesos | Quebra-osso | 28. | Alimoche | Abutre do Egipto | 29. | Buitre común | Grifo | 30. | Buitre negro | Abutre preto | 31. | Águila culebrera | Águia-cobreira | 32. | Aguilucho lagunero | Tartaranhão-ruivo-dos-pauis | 33. | Aguilucho pálido | Tartaranhão-azulado | 34. | Aguilucho cenizo | Tartaranhão-caçador | 35. | Águila real | Águia-real | 36. | Águila calzada | Águia-calçada | 37. | Águila perdicera | Águia de Bonelli | 38. | Águila pescadora | Águia-pesqueira | 39. | Halcón de Eleonor | Falcão-da-rainha | 40. | Halcón borní | Falcão-alfaneque | 41. | Halcón común | Falcão-peregrino | 42. | Calamón común | Caimão-comun | 43. | Grulla común | Grou-comum | 44. | Sisón | Sisãäo | 45. | Avutarda | Abetarda-comum | 46. | Cigüeñela | Perna-longa | 47. | Avocata | Alfaiate | 48. | Alcaraván | Alcaravão | 49. | Canastera | Perdiz-do-mar | 50. | Chorlito carambolo | Tarambola-carambola | 51. | Chorlito dorado | Tarambola-dourada | 52. | Agachadiza real | Narceja-real | 53. | Andarrios bastardo | Maçarico-bastardo | 54. | Falaropo picofino | Falaropo-de-bico-fino | 55. | Gaviota picofina | Gaivota-de-bico-fino | 56. | Gaviota de Audouin | Alcatraz de Audouin | 57. | Pagaza piconegra | Gaivina-de-bico-preto | 58. | Charrán patinegro | Garajau-comum | 59. | Charrán rosado | Andorinha-do-mar-rosca | 60. | Charrán común | Andorinha-do-mar-comum | 61. | Charrán artico | Andorinha-do-mar-ártica | 62. | Charrancito | Andorinha-do-mar-anã | 63. | Fumarel común | Gaivina-preta | 64. | Ganga común | Goriçol-de-barriga-preta | 65. | Buho real o Gran Duque | Bufo-real | 66. | Buho nival | Bufo-branco | 67. | Lechuza campestre | Coruja-do-nabal | 68. | Martín pescador | Guarda-rios-comum | 69. | Pito negro | Peto-preto | 70. | Pico dorsiblanco | Pica-pau-de-dorso-branco | 71. | Pechiazul | Pisco-de-peito-azul | 72. | Curruca rabilarga | Felosa-do-mato | 73. | Curruca gavilana | Toutinegra-gravião | 74. | Trepador corso | Trepadeira-corsa’ | |
| (b) | Annex II/1 is amended as follows: | — | In the title, the following is added: | ‘
ANEXO II/1
’, ‘
ANEXO II/1
’. | — | In the table, the two following columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Español | Português | 1. | Ánsar campestre | Ganso-campestre | 2. | Ánsar común | Ganso-comum | 3. | Barnacla canadiense | Ganso do Canadá | 4. | Ánade silbón | Piadeira | 5. | Ánade friso | Frisada | 6. | Cerceta común o de Invierno | Marrequinho-comum | 7. | Ánade real o azulón | Pato-real | 8. | Ánade rabudo | Arrabio | 9. | Cerceta carretona o de Verano | Marreco | 10. | Pato cuchara | Pato-trombeteiro | 11. | Porrón común | Zarro-comum | 12. | Porrón moñudo | Zarro-negrinha | 13. | Lagópodo escandinavo | Lagópode-escocês | 14. | Perdiz nival | Lagópode-branco | 15. | Perdiz griega | Perdiz-negra | 16. | Perdiz roja o común | Perdiz-comum | 17. | Perdiz pardilla | Perdiz-cimzemta | 18. | Faisán vulgar | Faisão | 19. | Focha común | Galeirão-comum | 20. | Agachadiza chica | Narceja-galega | 21. | Agachadiza común | Narceja-comum | 22. | Chocha perdiz o becada | Galinhola | 23. | Paloma bravía | Pombo-das-rochas | 24. | Paloma torcaz | Pombo-torcaz’ | |
| (c) | Annex II/2 is amended as follows: | — | In the title, the following is added: | ‘
ANEXO II/2
’, ‘
ANEXO II/2
’. | — | In the first table, the following two columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Español | Português | 25. | Cisne vulgar | Cisne-vulgar | 26. | Ánsar piquicorto | Ganso-de-bico-curto | 27. | Ánsar careto grande | Ganso-grande-de-testa-branca | 28. | Barnacla carinegra | Ganso-de-faces-brancas | 29. | Pato colorado | Pato-de-bico-vermelho | 30. | Porrón bastardo | Zarro-bastardo | 31. | Eider | Edredão | 32. | Havelda | Pato-de-cauda-afilada | 33. | Negrón común | Pato-negro | 34. | Negrón especulado | Pato-fusco | 35. | Porrón osculado | Pato-olho-d'ouro | 36. | Serreta mediana | Merganso-pequeno | 37. | Serreta grande | Merganso-grande | 38. | Grévol | Galinha-do-mato | 39. | Gallo lira | Galo-lira | 40. | Urogallo | Tetraz | 41. | Perdiz moruna | Perdiz-moura | 42. | Codorniz | Codorniz | 43. | Pavo silvestre | Peru | 44. | Rascón | Frango-d'água | 45. | Polla de agua | Galinha-d'água | 46. | Ostrero | Ostraceiro | 47. | Chorlito o pluvial dorado | Tarambola-dourada | 48. | Chorlito gris | Tarambola-cinzenta | 49. | Avefría | Abibe-comum | 50. | Correlimos gordo | Seixoeira | 51. | Combatiente | Combatente | 52. | Aguja colinegra | Maçarico-de-bico-direito | 53. | Aguja colipinta | Fuselo | 54. | Zarapito trinador | Maçarico-galego | 55. | Zarapito real | Maçarico-real | 56. | Archibebe oscuro | Perna-vermelha-escuro | 57. | Archibebe común | Perna-vermelha-comum | 58. | Archibebe claro | Perna-verde-comum | 59. | Gaviota reidora | Guincho-Comum | 60. | Gaviota cana | Alcatraz-pardo | 61. | Gaviota sombrí;a | Gaivota-d'asa-escura | 62. | Gaviota argéntea | Gaivota-argêntea | 63. | Gavión | Alcatraz-comum | 64. | Paloma zurita | Pombo-bravo | 65. | Tórtola turca | Rola-turca | 66. | Tórtola común | Rola-comum | 67. | Alondra común | Laverca | 68. | Mirlo común | Melro-preto | 69. | Zorzal real | Tordo-zornal | 70. | Zorzal común | Tordo-comum | 71. | Zorzal malvís o alirrojo | Tordo-ruivo-comum | 72. | Zorzal charlo | Tordeia’ | — | In the second table, the two following columns are added, containing, opposite the numbers cited, the entries appearing below: | | ‘Español | Portugal | 25. | | | 26. | | | 27. | | | 28. | | | 29. | + | | 30. | | | 31. | | | 32. | | | 33. | + | | 34. | | | 35. | | | 36. | + | | 37. | | | 38. | | | 39. | | | 40. | + ♂ | | 41. | + | | 42. | + | + | 43. | | | 44. | + | | 45. | + | + | 46. | + | | 47. | + | + | 48. | + | | 49. | + | | 50. | + | | 51. | + | | 52. | + | | 53. | + | | 54. | + | | 55. | + | | 56. | + | | 57. | + | | 58. | + | | 59. | + | | 60. | + | | 61. | + | | 62. | + | | 63. | | | 64. | + | + | 65. | + | | 66. | + | + | 67. | | | 68. | + | + | 69. | + | + | 70. | + | + | 71. | + | + | 72. | + | +’ | — | Under the second table, the following footnotes are added: | ‘+ | = | Estados miembros que pueden autorizar, conforme al apartado 3 del artículo 7, la caza de las especies enumeradas. | + | = | Estados-membros que podem autorizar, nos termos do no 3 do artigo 7o, a caça das espécies enumeradas.’ | |
| (d) | Annex III/1 is amended as follows: | — | In the title, the following is added: | ‘
ANEXO III/1
’, ‘
ANEXO III/1
’. | — | In the table, the two following columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Español | Português | 1. | Ánade real o azulón | Pato-real | 2. | Lagópodo escandinavo | Lagópode-escocês | 3. | Perdiz roja o común | Perdiz-comum | 4. | Perdiz moruna | Perdiz-moura | 5. | Perdiz pardilla | Perdiz-cinzenta | 6. | Faisán vulgar | Faisão | 7. | Paloma torcaz | Pombo-torcaz’ | |
| (e) | Annex III/2 is amended as follows: | — | In the title, the following is added: | ‘
ANEXO III/2
’, ‘
ANEXO III/2
’. | — | In the table, the two following columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Espanñol | Português | 8. | Ánsar común | Ganso-comum-ocidental | 9. | Ánade silbón | Piadeira | 10. | Cerceta común o de Invierno | Marrequinho-comum | 11. | Ánade rabudo | Arrabio | 12. | Porrón común | Zarro-comum | 13. | Porrón moñudo | Zarro-negrinha | 14. | Eider | Edredão | 15. | Perdiz nival | Lagópode-branco | 16. | Urogallo | Tetraz | 17. | Focha común | Galeirão-comum’ | |
| (f) | Annex III/3 is amended as follows: | — | In the title, the following is added: | ‘
ANEXO III/3
’, ‘
ANEXO III/3
’. | — | In the table, the two following columns are added, containing, opposite the numbers cited, the entries indicated below: | | ‘Español | Português | 18. | Ánsar careto grande | Ganso-grande-de-testa-branca | 19. | Pato cuchara | Pato-trombeteiro | 20. | Porrón bastardo | Zarro-bastardo | 21. | Negrón común | Pato-negro | 22. | Gallo lira | Galo-lira | 23. | Chorlito o pluvial dorado | Tarambola-dourada | 24. | Agachadiza chica | Narceja-galega | 25. | Agachadiza comúm | Narceja-comun | 26. | Chocha perdiz o becada | Galinhola’ | |
| 7. Council Regulation (EEC) No 3626/82 of 3 December 1982 (OJ No L 384, 31. 12. 1982, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 3645/84 of 28 November 1983 (OJ No L 367, 28. 12. 1983, p. 1), | |
| — | Council Regulation (EEC) No 3646/83 of 12 December 1983 (OJ No L 367, 28. 12. 1983, p. 2), as corrected in OJ No L 62, 3. 3. 1984, p. 27, | |
| — | Council Regulation (EEC) No 577/84 of 5 March 1984 (OJ No L 64, 6. 3. 1984, p. 5), | |
| — | Commission Regulation (EEC) No 1451/84 of 25 May 1984 (OJ No L 140, 26. 5. 1984, p. 21), | |
| — | Commission Regulation (EEC) No 1452/84 of 25 May 1984 (OJ No L 140, 26. 5. 1984, p. 23). | |
| The following is added to Article 13 (3): | |
| ‘— | Especies amenazadas de extinción, | |
| — | Espécies ameaçadas de extinção.’ | |
| XI. ENERGY, RESEARCH AND INFORMATICS | |
| A | |
| Energy | |
| 1. Commission Decision 77/190/EEC of 26 January 1977 (OJ No L 61, 5. 3. 1977, p. 34), as amended by: | |
| — | Commission Decision 79/607/EEC of 30 May 1979 (OJ No L 170, 9. 7. 1979, p. 1), | |
| — | Commission Decision 80/983/EEC of 4 September 1980 (OJ No L 281, 25. 10. 1980, p. 26), | |
| — | Commission Decision 81/883/EEC of 14 October 1981 (OJ No L 324, 12. 11. 1981, p. 19). | |
| In the Annex: | |
| — | Appendix A ‘Names of petroleum products’ is supplemented by the following: | ‘Spain | 1. | Gasolina súper | 2. | Gasolina normal | 3. | Gasóleo A | 4. | Gasóleo C | 5. | — | 6. | Keroseno corriente | 7. | Fuel-oil pesado no 1 y no 2 | 8. | Fuel-oil pesado, bajo indice de azufre (BIA) no 1 y no 2 | Portugal | 1. | Gasolina super | 2. | Gasolina normal | 3. | Gasóleo | 4. | Gasóleo | 5. | — | 6. | Petróleo de iluminação | 7. | Fuelóleo, alto teor de enxofre | 8. | Fuelóeo, baixo teor de enxofre’. | |
| — | The following additional columns appear in Appendix B ‘Specification of motor fuels’: | | ‘Spain | Portugal | (a) | Premium gasoline | Specific gravity (15 °C) | 0,725-0,770 | 0,750 | octane No: | RON | MON | min. 97 | 98 | | min. 85 | | Calorific value (Kcal/kg) | — | 10 500 | Lead content (g/l) | max. 0,40 | max. 0,635 | (b) | Regular gasoline | Specific gravity (15 °C) | 0,710-0,755 | 0,720 | octane No: | RON | MON | min. 92 | 85 | | min. 80 | | Calorific value (Kcal/kg) | — | 10 500 | Lead content (g/l) | max. 0,40 | max. 0,635 | (c) | Automotive gas oil | Specific gravity (15 °C) | 0,825-0,860 | 0,835 | Octane No | min. 45 | min. 50 | Calorific value (Kcal/kg) | — | 10 200 | Sulphur content (%) | max. 0,50 | max. 0,5’ | |
| — | The following additional columns appear in Appendix C ‘Specification of fuels’: | | ‘Spain | Portugal | (a) | Fuel used for domestic heating | Gas oil | Specific gravity (15 °C) | max. 0,900 | 0,835 | Calorific value (Kcal/kg) | — | 10 200 | Sulphur content (%) | max. 0,65 | max. 0,5 | Pour point (°C) | max. -6 | max. -5 | Light fuel oil | Specific gravity (15 °C) | — | — | Calorific value (Kcal/kg) | — | — | Sulphur content (%) | — | — | Pour point (°C) | — | — | Paraffin | Specific gravity (15 °C) | — | 0,785 | Calorific value (Kcal/kg) | — | 10 300 | (b) | Industrial fuels | Fuel-oil pesado | no 1 | no 2 | | Specific gravity (15 °C) | — | — | 0,950 | Calorific value (Kcal/kg) | min. 9 600 | min. 9 400 | 9 600 | Sulphur content (%) | max. 2,7 | max. 3,6 | max. 3,5 | Fuel-oil pesado | BIA no 1 | BIA no 2 | | Specific gravity (15 °C) | — | — | 0,950 | Calorific value (Kcal/kg) | min. 9 600 | min. 9 400 | 9 600 | Sulphur content (%) | min. 1,00 | max. 1,00 | max. 1,0’ | |
| 2. Council Directive 79/531/EEC of 14 May 1979 (OJ No L 145, 13. 6. 1979, p. 7). | |
| a) | The following is added to Annex I: | —in point 3.1.1.: | ‘“Horno eléctrico”, in Spanish (ES) | “Forno eléctrico”, in Portuguese (P)’, | —in point 3.1.3.: | ‘“Volumen utilizable” in Spanish (ES) | “Volume utilizável” in Portuguese (P)’, | —in point 3.1.5.1.: | ‘“Consumo de precalentamiento hasta 200 °C” in Spanish (ES) | “Consumo para atingir 200 °C” in Portuguese (P) | “Consumo de régimen (1 hora a 200 °C)” in Spanish (ES) | “Consumo de manutenção durante uma hora a 200 °C” in Portuguese (P) | “TOTAL” in Spanish (ES) | “TOTAL” in Portuguese (P)’, | —in point 3.1.5.3.: | ‘“Consumo del ciclo de limpieza” in Spanish (ES) | “Consumo do ciclo de limpeza” in Portuguese (P)’. | |
| (b) | The following Annexes are added: | ANNEX II (g) | ANNEX II (h) | |
| B | |
| Research | |
| 1. Council Regulation (EEC) No 3744/81 of 7 December 1981 (OJ No L 376, 30. 12. 1981, p. 38), as amended by Commission Regulation (EEC) No 397/83 of 17 February 1983 (OJ No L 47, 19. 2. 1983, p. 13), as corrected in OJ No L 208, 16. 7. 1982, p. 70. | |
| In Article 8 (2), ‘45’ is replaced by ‘54’. | |
| 2. Council Regulation 83/624/EEC of 25 November 1983 (OJ No L 353, 15. 12. 1983, p. 15). | |
| In Annex II, point F.2, ‘45’is replaced by ‘54’. | |
| C | |
| Informatics | |
| Council Regulation (EEC) No 1996/79 of 11 September 1979 (OJ No L 231, 13. 9. 1979, p. 1). | |
| In the second paragraph of Article 8 ‘41’ is replaced by ‘54’. | |
| XII. REGIONAL POLICY | |
| 1. Commission Regulation (EEC) No 2364/75 of 15 September 1975 (OJ No L 243, 17. 9. 1975, p. 9), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 2: | |
| ‘Spain: | Cost of resources of the Instituto de Crédito Oficial (ICO).’ | |
| 2. Rules of Procedure of the Regional Policy Committee (75/761/EEC) (OJ No L 320, 11. 12. 1975, p. 17), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 3 (2) and (3), ‘twelve’ is replaced by ‘fourteen’. | |
| 3. Council Regulation (EEC) No 1787/84 of 19 June 1984 (OJ No L 169, 28. 6. 1984, p. 1). | |
| In Article 40 (2), ‘45’ is replaced by ‘54’. | |
| XIII. STATISTICS | |
| 1. Council Regulation (EEC) No 1445/72 of 24 April 1972 (OJ No L 161, 17. 7. 1972, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 3065/75 of 24 November 1975 (OJ No L 307, 27. 11. 1975, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 5 (2), ‘forty-five’is replaced by ‘fifty-four’. | |
| 2. Commission Regulation (EEC) No 546/77 of 16 March 1977 (OJ No L 70, 17. 3. 1977, p. 13), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The following is added to Article 1: | |
| ‘Spain: | — | Tráfico de perfeccionamiento activo | |
| Portugal: | — | Regime de aperfeiçoamento activo’. | |
| The following is added to Article 2: | |
| ‘Spain: | — | Tráfico de perfeccionamiento pasivo | |
| Portugal: | — | Regime de aperfeiçoamento passivo’. | |
| 3. Commission Regulation (EEC) No 3537/82 of 20 December 1982 (OJ No L 371, 30. 12. 1982, p. 7), as amended by: | |
| — | Commission Regulation (EEC) No 3655/83 of 23 December 1983 (OJ No L 361, 24. 12. 1983, p. 31), | |
| — | Commission Regulation (EEC) No 3104/84 of 7 November 1984 (OJ No L 291, 8. 11. 1984, p. 25). | |
| In the Annex: | |
| — | the following is added after ‘009 Greece’ | ‘010 | Portugal | Including the Azores and Madeira, | 011 | Spain | Including the Balearic Islands, | Spanish territories outside the customs and statistical territory | 021 | Canary Islands | 022 | Ceuta and Melilla’, | |
| — | points 040, 042, 202 and 205 are repealed. | |
| 4. Council Directive 64/475/EEC of 30 July 1964 (OJ No 131, 13. 8. 1964, p. 2193/64), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| In Article 1, the text appearing after ‘is carried out in 1965’ is replaced by the following: | |
| ‘and, in the case of new Member States, all appropriate arrangements shall be made to ensure that the first survey, covering the year of their accession, is carried out in the year following that of accession.’ | |
| 5. Council Directive 72/211/EEC of 30 May 1972 (OJ No L 128, 3. 6. 1972, p. 28), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The second paragraph of Article 1 is replaced by the following: | |
| ‘In the case of new Member States, the date set in the first paragraph shall be the end of the year of their accession.’ | |
| 6. Council Directive 72/221/EEC of 6 June 1972 (OJ No L 133, 10. 6. 1972, p. 57), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The second paragraph of Article 1 is replaced by the following: | |
| ‘In the case of new Member States, these data shall be collected for the first time during the year of their accession and shall relate to the preceding year.’ | |
| The end of the first paragraph of Article 4 is replaced by the following: | |
| ‘… in the Annex; in the case of new Member States, data relating to all the variables listed in the Annex shall be collected, beginning with the survey carried out during the year following that of their accession and relating to the year of their accession.’ | |
| 7. Council Directive 78/166/EEC of 13 February 1978 (OJ No 52, 23. 2. 1978, p. 17), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The second subparagraph of Article 4 (1) is replaced by the following: | |
| ‘As regards the new Member States, the data shall be collected for the first time not later than in the fourth quarter following their accession and shall be in respect of the preceding month or quarter.’ | |
| The second subparagraph of Article 4 (3) is replaced by the following: | |
| ‘In the case of new Member States, the period referred to in the first subparagraph shall run as from their accession.’ | |
| XIV. AGRICULTURE | |
| (a) Oils and fats | |
| Council Regulation No 136/66/EEC of 22 September 1966 (OJ No 172, 30. 9. 1966, p. 3025/66), as last amended by Regulation (EEC) No 231/85 of 29 January 1985 (OJ No L 26, 31. 1. 1985, p. 12). | |
| The second subparagraph of Article 5 (2) is replaced by the following: | |
| ‘The aid shall be granted only for areas planted with olive trees: | |
| — | in France and in Italy on 31 October 1978, | |
| — | in Greece on 1 January 1981, | |
| — | in Spain on 1 January 1984. | |
| With regard to Portugal, aid shall be reserved for quantities likely to be produced on the areas planted with olive trees in actual production in this Member State on 1 January 1984.’ | |
| (b) Milk and milk products | |
| 1. Council Regulation (EEC) No 804/68 of 27 June 1968 (OJ No L 148, 28. 6. 1968, p. 13), as last amended by Regulation (EEC) No 591/85 of 26 January 1985 (OJ No L 68, 8. 3. 1985, p. 5). | |
| The second subparagraph of Article 5c (3) is replaced by the following: | |
| ‘This guaranteed global quantity shall be made up as follows: | |
| (1000 tonnes) | |
| Belgium | 3 106 | |
| Denmark | 4 882 | |
| Germany | 23 248 | |
| Greece | 467 | |
| Spain | 4 650 | |
| France | 25 325 | |
| Ireland | 5 280 | |
| Italy | 8 323 | |
| Luxembourg | 265 | |
| Netherlands | 11 929 | |
| United Kingdom | 15 538 | |
| 2. Council Regulation (EEC) No 857/84 of 31 March 1984 (OJ No L 90, 1. 4. 1984, p. 13), as amended by Regulation (EEC) No 1557/84 of 4 June 1984 (OJ No L 150, 6. 6. 1984, p. 6). | |
| The Annex is replaced by the following: | |
| ‘ANNEX | |
| Quantities referred to in Article 6 (2) (milk producers selling direct to the consumer): | |
| (1000 tonnes) | |
| Belgium | 505 | |
| Denmark | 1 | |
| Germany | 305 | |
| Greece | 116 | |
| Spain | 750 | |
| France | 1 183 | |
| Ireland | 16 | |
| Italy | 1 591 | |
| Luxembourg | 1 | |
| Netherlands | 145 | |
| United Kingdom | 398 ’ | |
| (c) Sugar | |
| 1. Council Regulation (EEC) No 206/68 of 20 February 1968 (OJ No L 47, 23. 2. 1968, p. 1), as last amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| Article 5 (4) is replaced by the following: | |
| ‘4. However, when in Denmark, Greece, Ireland, Portugal, Spain and the United Kingdom the sugar beet is delivered free of charge at the sugar factory, the contract shall provide for the manufacturer to share in transport costs and shall determine the percentage or the amount thereof.’ | |
| The following is added to Article 8a: | |
| ‘In respect of Spain and Portugal: | |
| — | the words “1967/68 marketing year” referred to in Articles 4 (2), 5 (2), 6 (2) and 10 (2) are replaced by “1985/86 marketing year”, | |
| — | the words “prior to the 1968/69 marketing year” referred to in Articles 5 (3) and 8 (d) are replaced by “prior to the 1986/87 marketing year”.’ | |
| 2. Council Regulation (EEC) No 1785/81 of 30 June 1981 (OJ No L 177, 1. 7. 1981, p. 4), as last amended by Regulation (EEC) No 1482/85 of 23 May 1985 (OJ No L 151, 10. 6. 1985, p. 1). | |
| Article 9 (4) is supplemented by the following: | |
| ‘However, with regard to the sugar-producing undertaking, situated in the Autonomous Region of the Azores, this undertaking shall be considered to be a refinery within the meaning of this paragraph for refining unrefined beet sugar up to a quantity limit expressed in white sugar equal to the difference between the actual production achieved within the framework of quotas A and B and 20 000 tonnes.’ | |
| The first subparagraph of Article 24 (1) is replaced by the following: | |
| ‘1. Member States shall, under the conditions of this Title, allocate an A quota and a B quota to each sugar-producing undertaking and each isoglucose-producing undertaking established in their territory and which: | |
| — | had, during the period 1 July 1980 to 30 June 1981, a basic quota as defined, as the case may be, in Regulation (EEC) No 3330/74 or in Regulation (EEC) No 1111/77, or | |
| — | as concerns Greece, produced sugar or isoglucose during the period referred to in the first indent, or | |
| — | as concerns Spain and Portugal has produced sugar or isoglucose during the 1985 calendar year. | |
| With regard to Portugal, that country shall allocate, for its mainland region under the conditions of this Title and within the limit of the basic quantities A and B fixed for that region in paragraph 2, an A quota and a B quota to each undertaking situated in that region which is likely to start up sugar production. | |
| Before such allocation, Portugal may use up to 10 % of the basic quantities A and B, fixed for Portugal in its mainland region, for the benefit of the A and B quotas of the undertaking situated in the autonomous region of the Azores.’ | |
| Article 24 (2) is replaced by the following: | |
| ‘2. For the allocation of the A and B quotas referred to in paragraph 1 the basic quantities shall be fixed as follows: | |
| I. Basic quantities A | |
| Regions | (a) Basic quantity A for sugar (3) | (b) Basic quantity A for isoglucose (4) | |
| Denmark | 328 000,0 | — | |
| Germany | 1 990 000,0 | 28 882,0 | |
| France (metropolitan) | 2 530 000,0 | 15 887,0 | |
| French overseas departments | 466 000,0 | — | |
| Greece | 290 000,0 | 10 522,0 | |
| Spain | 960 000,0 | 75 000,0 | |
| Ireland | 182 000,0 | — | |
| Italy | 1 320 000,0 | 16 569,0 | |
| Netherlands | 690 000,0 | 7 426,0 | |
| Portugal (mainland) | 54 545,5 | 8 093,9 | |
| The autonomous region of the Azores | 9 090,9 | — | |
| Belgium/Luxembourg Economic Union | 680 000,0 | 56 667,0 | |
| United Kingdom | 1 040 000,0 | 21 696,0 | |
| II. Basic quantities B | |
| Regions | (a) Basic quantity B for sugar (5) | (b) Basic quantity B for isoglucose (6) | |
| Denmark | 96 629,3 | — | |
| Germany | 612 312,9 | 6 802,0 | |
| France (metropolitan) | 759 232,8 | 4 135,0 | |
| French overseas departments | 46 600,0 | — | |
| Greece | 29 000,0 | 2 478,0 | |
| Spain | 40 000,0 | 8 000,0 | |
| Ireland | 18 200,0 | — | |
| Italy | 248 250,0 | 3 902,0 | |
| Netherlands | 182 000,0 | 1 749,0 | |
| Portugal (mainland) | 5 454,5 | 1 906,1 | |
| The autonomous region of the Azores | 909,1 | — | |
| Belgium/Luxembourg Economic Union | 146 000,0 | 15 583,0 | |
| United Kingdom | 104 000,0 | 5 787,0 | |
| The following is added to the second paragraph of Article 24 (3): | |
| ‘(c) | Spain, the A quota shall be established by dividing the basic quantity A fixed in paragraph 2 (I) (a) for Spain between the undertakings referred to in the third indent of the first subparagraph of paragraph 1, taking into account their production rights applicable before 1 January 1986; | |
| (d) | Portugal, in its autonomous region of the Azores, the A quota of the sugar-producing undertaking shall be equal to the basic quantity fixed in paragraph 2 (I) (a) for that region.’ | |
| The following is added to Article 24 (3): | |
| ‘As regards the isoglucose-producing undertakings situated in: | |
| (a) | Spain, the A quota shall be established by dividing the basic quantity A fixed in paragraph 2 (I) (b) for Spain between the undertakings in question on the basis of their respective production attained during the 1983 calendar year; | |
| (b) | Portugal, the A quota of the isoglucose-producing undertaking in question situated in its mainland region shall be equal to the basic quantity A fixed in paragraph 2 (I) (b) for that region.’ | |
| The following is added to Article 24 (4): | |
| ‘As regards the sugar-producing undertakings situated in: | |
| (a) | Spain, the B quota shall be established by dividing the basic quantity B fixed in paragraph 2 (II) (a) for Spain between the undertakings in question, taking into account their production rights applicable before 1 January 1986; | |
| (b) | Portugal, in its autonomous region of the Azores, the B quota of the sugar-producing undertaking in question shall be equal to the basic quantity B fixed in paragraph 2 (II) (a) for that region.’ | |
| The following is added to Article 24 (5): | |
| ‘As regards the isoglucose-producing undertakings situated in: | |
| (a) | Spain, the B quota shall be established by dividing the basic quantity B fixed in paragraph 2 (II) (b) for Spain between the undertakings in question on the basis of their respective production attained during the 1983 calendar year; | |
| (b) | Portugal, the B quota of the isoglucose-producing undertaking in question situated in its mainland region shall be equal to the basic quantity B fixed in paragraph 2 (II) (b) for that region.’ | |
| (d) Products processed from fruit and vegetables | |
| Council Regulation (EEC) No 516/77 of 14 March 1977 (OJ No L 73, 21. 3. 1977, p. 1), as last amended by Regulation (EEC) No 988/84 of 31 March 1984 (OJ No L 103, 16. 4. 1984, p. 11). | |
| In Articles 3b (2), 3d (2), 4 (1) and in Annex Ia (a), ‘dried grapes’ is replaced by ‘sultanas and currants’. | |
| The following is added to Article 4 (1): | |
| ‘Spanish and Portuguese storage agencies shall only buy products obtained starting from the 1986/87 marketing year.’ | |
| (e) Wine | |
| 1. Council Regulation (EEC) No 337/79 of 5 February 1979 (OJ No L 54, 5. 3. 1979, p. 1), as last amended by Regulation (EEC) No 775/85 of 26 March 1985 (OJ No L 88, 28. 3. 1985, p. 1). | |
| In the first indent of Article 1 (4) (b), ‘partially fermented grape must, extracted from raisined grapes’ is inserted after ‘partially fermented grape must’. | |
| The following is added to Article 48 (3): | |
| ‘(c) | partially fermented grape must, extracted from raisined grapes, also called “vino dulce natural”, may be put on the market only for the fortification of liqueur wines and only in the wine-growing regions where this usage is traditional on 1 January 1985.’ | |
| The following is added as the last indent to Article 49 (1): | |
| ‘— | partially fermented grape must, extracted from raisined grapes.’ | |
| The following is added to Annex II: | |
| ‘3a. | Partially fermented grape must, extracted from raisined grapes, also called “vino dulce natural”, the product being obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural alcoholic strength by volume of which may not be less than 8 % vol.’ | |
| Point 12 of Annex II is replaced by the following: | |
| 12. Liqueur wine, the product which: | |
| | is produced in the Community, | |
| | has a total alcoholic strength by volume of not less than 17,5 % vol and an actual alcoholic strength by volume of not less than 15 % vol and not more than 22 % vol, | and | |
| | is obtained from grape must or wine, these products being derived from determined vine varieties, selected from those referred to in Article 49 and having a natural alcoholic strength by volume of not less than 12 % vol: | by freezing, | or | by the addition, during or after fermentation: | (i) | of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, with an actual alcoholic strength by volume of not less than 95 % vol, or | (ii) | of an unrectified product derived from the distillation of wine and having an actual alcoholic strength by volume of not less than 52 % and not more than 80 % vol, or | (iii) | of concentrated grape must or, in the case of certain quality liqueur wines produced in specified regions and appearing on a list to be adopted of wines for which such practice is traditional, of grape must concentrated by, direct heat which, apart from this operation, corresponds to the definition of concentrated grape must, or | (iv) | of a mixture of these products. | However, certain quality liqueur wines produced in specified regions and appearing on a list to be adopted may be obtained from fresh unfermented grape must which does not need to have a minimum natural alcoholic strength by volume of 12 % vol. | Furthermore, certain quality liqueur wines produced in specified regions and appearing on a list to be determined, obtained in accordance with the previous subparagraph, may yield a total alcoholic strength by volume of not less than 15 % vol, if so provided for by national legislation obtaining on 1 January 1985. | The following products shall also form part of liqueur wines: | (a) | White quality liqueur wines produced in specified regions, also called “vino generoso”, obtained “sous voile” | — | having a total alcoholic strength by volume of not less than 15 % vol and an actual alcoholic strength by volume of not more than 22 % vol and a sugar content of less than grams per litre, | — | obtained from white grape must extracted from the vine varieties chosen from amongst those referred to in Article 49, the natural alcoholic strength of which is not less than 10,5 % vol, | — | manufactured with the addition of wine alcohol having an actual alcoholic strength by volume of not less than 95 % vol, | (b) | Quality liqueur wines produced in specified regions, also called “vino generoso de licor”: | — | having a total alcoholic strength by volume of not less than 17,5 % vol and an actual alcoholic strength by volume of not less than 15 % and not more than 22 % vol, | — | obtained from “vino generoso” with the addition of partially fermented grape must, obtained from raisined grapes, also called “vino dulce natural”, or from concentrated grape musts. | (c) | Red quality liqueur wines produced in specified regions: | — | having a total alcoholic strength by volume of not less than 17,5 % vol and an actual alcoholic strength by volume of not less than 15 % vol and not more than 22 % vol, | — | obtained from grape must coming from the vine varieties chosen from amongst those referred to in Article 49, the natural alcoholic strength of which is not less than 11 % vol, | — | manufactured with the addition, before or after fermentation, of: | (i) | either neutral alcohol of vinous origin, with an actual alcoholic strength by volume of not less than 95 % vol, | (ii) | or of an unrectified product derived from the distillation of wine and having an alcoholic strength by volume of not less than 70 %.’ | |
| (f) Sheepmeat and goatmeat | |
| Council Regulation (EEC) No 1837/80 of 27 June 1980 (OJ No L 183, 16. 7. 1980, p. 1), as last amended by Regulation (EEC) No 871/84 of 31 March 1984 (OJ No L 90, 1. 4. 1984, p. 35). | |
| The following is added to Article 3 (5): | |
| ‘— | region 7: Spain, Portugal.’ | |
| (g) Cereals | |
| Council Regulation (EEC) No 2727/75 of 29 October 1985 (OJ No L 281, 1. 11. 1975, p. 1), as last amended by Regulation (EEC) No 1018/84 of 31 March 1984 (OJ No L 107, 19. 4. 1984, p. 1). | |
| In the third subparagraph of Article 3 (3), ‘in Spain’ is inserted before ‘in Greece’ in each case. | |
| (h) Legislation concerning additives in feedingstuffs | |
| Council Directive No 70/524/EEC of 23 November 1970 (OJ No L 270, 14. 12. 1970, p. 1), as last amended by Directive No 84/587/EEC of 29 November 1984 (OJ No L 319, 8. 12. 1984, p. 13). | |
| The following is added to Article 4 (2): | |
| ‘With regard to Spain and Portugal: | |
| — | the date “
3 January 1985
” referred to above is replaced by “
1 April 1986
”, | |
| — | the date “
3 December 1985
” referred to above is replaced by “
1 December 1986
”.’ | |
| (i) Network for the collection of accountancy data on agricultural holdings | |
| Council Regulation (EEC) No 79/65/EEC of 15 June 1965 (OJ No 109, 23. 6. 1965, p. 1859/65), as last amended by Regulation (EEC) No 2143/81 of 27 July 1981 (OJ No L 210, 30. 7. 1981, p. 1). | |
| Article 4 (3) is replaced by the following: | |
| ‘3. The maximum number of returning holdings shall be 75 000 for the Community. | |
| On 1 March 1986, the number of returning holidays shall be: | |
| — | 12 000 for Spain; this number shall be gradually increased during the ensuing five years to reach finally 15 000, | |
| — | 1 800 for Portugal; this number shall be gradually increased during the ensuing five years to reach finally 3 000.’ | |
| XV. FISHERIES | |
| 1. In the following acts and articles, ‘forty-five’ is replaced by ‘fifty-four’: | |
| (a) Council Regulation (EEC) No 3796/81 of 29 December 1981 (OJ No L 379, 31. 12. 1981, p. 1), as amended by Council Regulation (EEC) No 3655/84 of 19 December 1984 (OJ No L 340, 28. 12. 1984, p. 1): | |
| Article 33 (2). | |
| (b) Council Regulation (EEC) No 170/83 of 25 January 1983 (OJ No L 24, 27. 1. 1983, p. 1), as corrected in OJ No L 73, 19. 3. 1983, p. 42: | |
| Article 14 (2). | |
| (c) Council Regulation (EEC) No 2908/83 of 4 October 1983 (OJ No L 290, 22. 10. 1983, p. 1): | |
| Article 21 (2). | |
| (d) Council Regulation (EEC) No 2909/83 of 4 October 1983 (OJ No L 290, 22. 10. 1983, p. 9): | |
| Article 16 (2). | |
| (e) Council Directive 83/515/EEC of 4 October 1983 (OJ No L 290, 22. 10. 1983, p. 15): | |
| Article 13 (2). | |
| 2. Council Regulation (EEC) No 103/76 of 19 January 1976 (OJ No L 20, 28. 1. 1976, p. 29), as amended by: | |
| — | Commission Regulation (EEC) No 3049/79 of 21 December 1979 (OJ No L 343, 31. 12. 1979, p. 22), | |
| — | Commission Regulation (EEC) No 273/81 of 30 January 1981 (OJ No L 30, 2. 2. 1981, p. 1), | |
| — | Council Regulation (EEC) No 3166/82 of 22 November 1982 (OJ No L 332, 27. 11. 1982, p. 4), | |
| — | Commission Regulation (EEC) No 3250/83 of 17 November 1983 (OJ No L 321, 18. 11. 1983, p. 20). | |
| In Annex B, the wording under ‘Hake’ is replaced by the following: | |
| | ‘kg/fish | |
| Size 1 | 2,5 and over | |
| Size 2 | From 1,2 up to but excluding 2,5 | |
| Size 3 | From 0,6 up to but excluding 1,2 | |
| Size 4 | (a) | From 0,2 up to but excluding 0,6 | (b) | From 0,15 up to but excluding 0,2 for Mediterranean hake’ | |
| 3. Council Regulation (EEC) No 104/76 of 19 January 1976 (OJ No L 20, 28. 1. 1976, p. 35), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 3575/83 of 14 December 1983 (OJ No L 356, 20. 12. 1983, p. 6). | |
| The following is added to the second indent of Article 10 (1) (b): | |
| ‘quisquilla’ | |
| ‘camarão negro’. | |
| 4. Council Regulation (EEC) No 3796/81 of 29 December 1981 (OJ No L 379, 31. 12. 1981, p. 1), as amended by Council Regulation (EEC) No 3655/84 of 19 December 1984 (OJ No L 340, 28. 12. 1984, p. 1). | |
| (a) | In Article 10 (1), ‘A and D’ is replaced by ‘A, D and E’. | |
| (b) | Article 12 is replaced by the following: | ‘Article 12 | 1. For each of the products appearing: | — | in Annex I (A) and (D), a Community withdrawal price, | — | in Annex I (E), a Community selling price, | shall be fixed on the basis of the freshness, size or weight and the presentation of the product, hereinafter called “product category”, by applying to an amount equal at least to 70 %, and not exceeding 90 %, of the guide price, the conversion factor of the category of the product concerned. These conversions shall reflect the price relationship between the category of products under consideration and that adopted for fixing the guide price. The Community withdrawal price and the Community selling price must, however, in no case exceed 90 % of the guide price. | 2. In order to ensure producers in landing zones which are very far away from the principal consumption centres of the Community access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted, for these zones, by adjustment conversions. | 3. The procedures for applying this Article and, in particular, the ascertainment of the percentage of the guide price serving as an element in the calculation of the Community withdrawal prices or the Community selling prices and the determination of the landing zones referred to in paragraph 2, as well as the prices, shall be adopted according to the procedure provided for in Article 33.’ | |
| (c) | The following is inserted: | ‘Article 14a | 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I, below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. | 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: | — | were brought on to the market by a member producer, | — | meet certain requirements as regards quality and presentation, | — | have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, | — | are either processed with a view to their freezing and stored or preserved in conditions to be determined. | 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. | 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). | The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. | 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 33.’ | |
| (d) | In the first subparagraph of Article 21 (1), ‘14a’ is added after ‘14’. | |
| (e) | At the end of the first subparagraph of Article 21 (2), the following is added: | ‘For the products appearing in E of Annex I, the reference price shall be equal to the Community selling price fixed in accordance with Article 12 (1).’ | |
| (f) | In the first subparagraph of Article 21(3), ‘A and D’ is replaced by ‘A, D and E’. | |
| (g) | In Article 21 (4) (b), ‘Annex I (C) and (D)’ is replaced by ‘Annex I (C), (D) and (E)’. | |
| (h) | In Article 26 (2), ‘14a’ is added after ‘14’. | |
| (i) | In A of Annex I, under the heading ‘Description’, ‘Scomber scombrus’ is replaced by ‘Scomber scombrus and Scomber japonicus’. | |
| (j) | The following is added to Annex I (A): | ‘14. | 03.01 B I u) 1 | Megrim (Lepidorhombus spp.) | 15. | 03.01 B I v) 1 | Ray's bream (Brama spp.) | 16. | 03.01 B I w) 1 | Monkfish (Lophius spp.)’. | |
| (k) | The following is added to Annex I: | ‘E. | Fresh or chilled products, or products simply boiled in water | 1. | ex 03.03 A III b) | Edible crabs (Cancer pagurus) | 2. | ex 03.03 A V a) 2 | Norway lobsters (Nephrops norvegicus)’. | |
| (1) | In Annex II (B), lines 1 and 2 are deleted.Lines 3 to 7 become 1 to 5. | |
| (m) | Annex IV (B) is replaced by the following: | ‘CCT heading No | Description | B. | Frozen or salted products of the following fish redfish (Sebastes spp), cod (Gadus morhua), saithe (Pollachius virens), haddock (Melanogrammus aeglefinus) and whiting (Merlangus merlangus) and frozen products of the following crustaceans: | — | ex 03.01 B I (whole, headless or in pieces) | Ling (Molva spp), mackerel (Scomber scombrus and Scomber japonicus), plaice (Pleuronectes platessa), hake (Merluccius merluccius), dogfish (Squalus acanthias and Scyliorhinus spp), herring, megrim (Lepidorhumbus spp), Ray's bream (Brama spp), monkfish (Lophius spp), edible crabs (Cancer pagurus), Norway lobsters (Nephrops norvegicus)’ | — ex 03.01 B II b) (fillets) | — ex 03.02 A I and II | — ex 03.03 A III b) | — ex 03.03 A V a) I | — ex 16.04 C I | — | ex 16.04 F and 16.04 G I (fillets, raw, coated with batter or bread crumbs) | |
| (n) | Annex V is replaced by the following: | ‘ANNEX V | CCT heading No | Description | Frozen or salted products of the following fish and crustaceans: | — ex 03.01 B I (whole, headless or in pieces) | Cod (excluding the species Gadus morhua), mackerel (excluding the species Scomber japonicus), hake (Merluccius spp. except Merluccius merluccius), Alaska pollack (Theragra chalcogramma), pollack (Pollachius pollachius), Plounder (Platichthys flesus) and shrimps and prawns (excluding shrimps of the species Crangon crangon) | — ex 03.01 B II b) (fillets) | — ex 03.02 A I and II | — | ex 16.04 F and ex 16.04 G I (fillets, raw, merely covered with batter or breadcrumbs) | — ex 03.03 A IV | — | ex 16.05 B (shelled and simply boiled in water) | Shrimps and prawns (excluding shrimps of the species Crangon crangon)’ | |
| (o) | The wording of the Common Customs Tariff in subheading 03.01 B I of Annex VI is replaced, after position (t), by the following: | "CCT heading No | Description | Rate of duty | Autonomous % or levy (L) | Conventional % | 1 | 2 | 3 | 4 | 03.01 | B. I. u) Megrim (Lepidorhombus spp.): | | | | 1. Fresh or chilled | 15 | 15 | | 2. Ray's bream (Brama spp.): | 15 | 15 | | v) 1. Fresh or chilled | 15 | 15 | | 2. Frozen | 15 | 15 | | w) Monkfish (Lophius spp.): | | | | 1. Fresh or chilled | 15 | 15 | | 2. Frozen | 15 | 15 | | x) | Blue whiting (Micromesistius poutassou or Gadus poutassou) | 15 | 15 | | y) Other | 15 | 15 | |
| (p) | The wording of the Common Customs Tariff appearing in subheading 03.01 B II b) of Annex VI is replaced, after number 13, by the following: | ‘CCT heading No | Description | Rate of duty | Autonomous % or levy (L) | Conventional % | 1 | 2 | 3 | 4 | 03.01 | B. II. b) 14. | Of megrim (Lepidorhombus spp.) | 18 | 15 | | 15. | Of Ray's bream (Brama spp.) | 18 | 15 | | 16. Of Monkfish (Lophius spp.) | 18 | 15 | | 17. Other | 18 | 15 ’ | |
| (q) | The wording of the Common Customs Tariff in subheading 03.03 A III of Annex VI is replaced by the following: | CCT heading No | Description | Rate of duty | Autonomous % or levy (L) | Conventional % | 1 | 2 | 3 | 4 | 03.03 | A. III. Crabs and freshwater crayfish: | | | | (a) | Crabs of the species Paralithodes camchaticus, Chionoectes spp and Callinectes sapidus | 18 | 8,9 | | (b) Edible crabs (Cancer pagurus) | 18 | 15 | | (c) Other | 18 | 15 | |
| 5. Council Regulation (EEC) No 2203/82 of 28 July 1982 (OJ No L 235, 10. 8. 1982, p. 4). | |
| The Annex is replaced by the following: | |
| ‘ANNEX | |
| CCT heading No | Description | Freshness (7) | Presentation (7) | |
| I. | | |
| 1. ex 03.01 B I f) 1 | Redfish (Sebastes spp.) | E, A | Whole | |
| 2. ex 03.01 B I h) 1 | Cod (Gadus morhua) | E, A | Gutted and with head | |
| 3. ex 03.01 B I ij) 1 | Saithe (Pollachius virens) | E, A | Gutted and with head | |
| 4. ex 03.01 B I k) 1 | Haddock (Melanogrammus aeglefinus) | E, A | Gutted and with head | |
| 5. ex 03.01 B I l) 1 | Whiting (Merlangus merlangus) | E, A | Gutted and with head | |
| 6. ex 03.01 B I u) 1 | Megrim (Lepidorhombus spp.) | E, A | Gutted and with head | |
| 7. ex 03.01 B I v) 1 | Ray's bream (Brama spp.) | E, A | Gutted and with head | |
| 8. ex 03.01 B I w) 1 | Monkfish (Lophius, spp.) | E, A | Gutted and with head | |
| 9. ex 03.01 A IV b) 1 | Shrimps (Crangon crangon) | A | Simply boiled in water | |
| II. | As from 1 January 1987: | |
| 1. ex 03.01 B I d) 1 | Sardines (Sardina pilchardus) | E, A | Whole | |
| 2. ex 03.01 B I p) 1 | Anchovies (Engraulis spp.) | E, A | Whole | |
| 6. Commission Regulation (EEC) No 3138/82 of 19 November 1982 (OJ No L 335, 29. 11. 1982, p. 9), as amended by Commission Regulation (EEC) No 3646/84 of 21 December 1984 (OJ No L 335, 22. 12. 1984, p. 57), as corrected in OJ No L 15, 18. 1. 1985, p. 55). | |
| The following is added to the second subparagraph of Article 6 (3): | |
| ‘— | Transformación que se beneficie de una prima por venta diferida especial: (precisar el tipo de transformación) | Reglamento (CEE) no 3796/81, artículo 14; | |
| — | Transformação que beneficia de um prémio de reporte especial (especificar o tipo de transformação) | Regulamento (CEE) no 3796/81, artígo 14.
’ | |
| 7. Commission Regulation (EEC) No 3321/82 of 9 December 1982 (OJ No L 351, 11. 12. 1982, p. 20). | |
| The following is added to the second paragraph of Article 7: | |
| ‘— | Transformación que se beneficie de una prima por venta diferida especial: (precisar el tipo de transformación) | Reglamento (CEE) no 3796/81, artículo 14; | |
| — | Transformação que beneficia de um prémio de reporte especial (especificar o tipo de transformação) | Regulamento (CEE) no 3796/81, artígo 14.
’ | |
| 8. Council Regulation (EEC) No 170/83 of 25 January 1983 (OJ No L 24, 27. 1. 1983, p. 1). | |
| (a) | the table ‘Coastal waters of France and the overseas departments’ which appears in Annex I is supplemented as follows: | ‘Atlantic coast (six to 12 miles) | Spanish/French frontier up to 46° 08′N | Spain | Anchovies | — | Directed fishing, unlimited from 1 March to 30 June only | — | Fishing for live bait from 1 July to 31 October only | | Sardines | — | Unlimited from 1 January to 28 February and from 1 July to 31 December only. In addition, fishing for the above listed species shall be conducted accordingly and within the limits for fishing activities carried out in 1984 | Mediterranean coast (six to 12 miles) | Spanish/Cap Leucate frontier | Spain | All species | Unlimited’ | |
| (b) | The following is added to Annex I: | ‘COASTAL WATERS OF SPAIN | Geographical Area | Member State | Species | Importance or particular characteristics | Atlantic coast (six to 12 miles) | French/Spanish frontier up to Cap Mayor lighthouse (3° 47′W) | France | Pelagic | Unlimited accordingly and within the limits for fishing activities carried out in 1984 | Mediterranean coast (six to 12 miles) | Spanish/Cap Leucate frontier | Spain | All species | Unlimited’ | |
| 9. Council Regulation (EEC) No 171/83 of 25 January 1983 (OJ No L 24, 27. 1. 1983, p. 14), as amended by: | |
| — | Council Regulation (EEC) No 2931/83 of 4 October 1983 (OJ No L 288, 21. 10. 1983, p. 1), | |
| — | Council Regulation (EEC) No 1637/84 of 7 June 1984 (OJ No L 156, 13. 6. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2178/84 of 23 July 1984 (OJ No L 199, 28. 7. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2664/84 of 18 September 1984 (OJ No L 253, 21. 9. 1984, p. 1), | |
| — | Council Regulation (EEC) No 3625/84 of 18 December 1984 (OJ No L 335, 22. 12. 1984, p. 3). | |
| (a) | In Article 1 (1): | — | the text under region 3 is replaced by the following: | ‘All waters situated within those parts of the north-east Atlantic south of latitude 48° N, except the Mediterranean Sea, its dependent seas and regions 4 and 5.’ | — | the following is added: | ‘Region 4 | All waters situated within part of the Northern Central Atlantic (ICES sub-area X). | Region 5 | All waters situated within that part of the Eastern Central Atlantic comprising divisions 34.1.1, 34.1.2, 34.1.3 and sub-region 34.2.0 of fishing zone 34 of the Food and Agriculture Organization of the United Nations (FAO) — CECAF region.’ | — | the texts under regions 4, 5 and 6 become the texts under regions 6, 7 and 8 respectively. | |
| (b) | Article 1 (2) is replaced by the following: | ‘2. These regions may be divided according to sub-areas or divisions of the International Council for the Exploration of the Sea (ICES) or sub-areas, divisions or sub-divisions of the Northwest Atlantic Fisheries Organization (NAFO), subregions or divisions of the Food and Agriculture Organization of the United Nations (FAO) or parts thereof or according to other geographical criteria.’ | |
| 10. Commission Regulation (EEC) No 2807/83 of 22 September 1983 (OJ No L 276, 10. 10. 1983, p. 1). | |
| (a) | After the entry ‘NAFO’ in: | — | Article 1 (1) (first entry), | — | Article 3 (second indent), | — | Annex I, | — | Annex III: | the term ‘/CECAF’ is added. | |
| (b) | In Annex IV: | — | at point 2.4.1, the entry ‘E = Spain’ is deleted, | — | at point 3, after each entry of ‘NAFO’, ‘/CECAF’is added. | |
| (c) | Annex VIIis supplemented as follows: | ‘Scientific name | Name | Code | Pollachius pollachius | Pollack | POL | Nephrops norvegicus | Norway lobster | NEP’ | |
| (d) | In the second indent of paragraph 1 of Annex VIII, after the entry ‘NAFO’, ‘or the CECAF zone’ is added. | |
| 11. Commission Decision No 79/572/EEC of 8 June 1979 (OJ No L 156, 23. 6. 1979, p. 29). | |
| Article 3 is replaced by the following: | |
| ‘The Committee shall be composed of not more than 28 members.’ | |
| XVI. EURATOM | |
| 1. Statutes of the Euratom Supply Agency (Council Decision of 6 November 1958) (OJ No 27, 6. 12. 1958, p. 534/58), as amended by: | |
| — | Council Decision 73/45/Euratom of 8 March 1973 (OJ No L 83, 30. 3. 1973, p. 20), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| Article V (1) and (2) is replaced by the following: | |
| "1. | The capital of the Agency shall be 4 000 000 MA units of account. | |
| 2. | The capital shall be divided according to the following scales: | ‘Belgium | 4,8 % | Denmark | 2,4 % | Germany | 16,8 % | Greece | 4,8 % | Spain | 10,4 % | France | 16,8 % | Ireland | 0,8 % | Italy | 16,8 % | Netherlands | 4,8 % | Portugal | 4,8 % | United Kingdom | 16,8 %’. | |
| Article X (1) and (2) is replaced by the following: | |
| "1. | An advisory Committee for the Agency shall be set up comprising 44 members. | |
| 2. | Seats shall be allotted to nationals of Member States as follows: | ‘Belgium | 3 members | Denmark | 2 members | Germany | 6 members | Greece | 3 members | Spain | 5 members | France | 6 members | Ireland | 1 members | Italy | 6 members | Netherlands | 3 members | Portugal | 3 members | United Kingdom | 6 members’. | |
| 2. Commission Decision 71/57/Euratom of 13 January 1971 (OJ No L 16, 20. 1. 1971, p. 14), amended by: | |
| — | Commission Decision 74/578/Euratom of 13 November 1974 (OJ No L 316, 26. 11. 1974, p. 12), | |
| — | Commission Decision 75/241/Euratom of 25 March 1975 (OJ No L 98, 19. 4. 1975, p. 40), | |
| — | Commission Decision 82/755/Euratom of 2 June 1982 (OJ No L 319, 16. 11. 1982, p. 10), | |
| — | Commission Decision 84/339/Euratom of 24 May 1984 (OJ No L 177, 4. 7. 1984, p. 29). | |
| In the first paragraph of Article 4, ‘11’ and ‘10’ are replaced by ‘13’ and ‘12’ respectively. | |
| In the first paragraph of Article 4a, ‘11’ is replaced by ‘13’. | |
| XVII. MISCELLANEOUS | |
| EEC Acts | |
| Council Regulation No 1 of 15 April 1958 (OJ No 17, 6. 10. 1958, p. 385/58), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| Article 1 is replaced by the following: | |
| ‘Article 1 | |
| The official languages and the working languages of the institutions of the Community shall be Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish.’ | |
| Article 4 is replaced by the following: | |
| ‘Article 4 | |
| Regulations and other documents of general application shall be drafted in the nine official languages.’ | |
| Article 5 is replaced by the following: | |
| ‘Article 5 | |
| The Official Journal of the European Communities shall be published in the nine official languages.’ | |
| Euratom Acts | |
| Council Regulation No 1 of 15 April 1958 (OJ No 17, 6. 10. 1958, p. 401/58). | |
| Article 1 is replaced by the following: | |
| ‘Article 1 | |
| The official languages and the working languages of the institutions of the Community shall be Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish.’ | |
| Article 4 is replaced by the following: | |
| ‘Article 4 | |
| Regulations and other documents of general application shall be drafted in the nine official languages.’ | |
| Article 5 is replaced by the following: | |
| ‘Article 5 | |
| The Official Journal of the European Communities shall be published in the nine official languages.’ | |
| (2)
OJ No 62, 20. 4. 1963, p. 1314/63.’
’ | |
| (1) Em toneladas métricas.’ | |
| (3) In tonnes of white sugar. | |
| (4) In tonnes of dry matter. | |
| (5) In tonnes of white sugar. | |
| (6) In tonnes of dry matter.’ | |
| (7) The freshness and presentation categories are those defined pursuant to Article 2 of the basic Regulation.’ | |
| ANNEX II | |
| List provided for in Article 27 of the Act of Accession | |
| I. CUSTOMS LEGISLATION | |
| Commission Regulation (EEC) No 137/79 of 19 December 1978 (OJ No L 20, 27. 1. 1979, p. 1). | |
| In order to take account of the exclusion of the Canary Islands and Ceuta and Melilla from the customs territory of the Community and of the arrangements laid down in Protocol 2, the provisions of this Regulation should be supplemented by special administrative procedures, making provision for example for special quays, designed to implement with regard to the operations carried out by Community fishing vessels and in particular landings by those vessels in Canary Island ports, the transhipment of goods, including that from other Community fishing vessels, with a view to those goods being transferred to the Community. | |
| Provision shall also be made for mutual assistance of the customs administrations of the Member States with which the Commission may be associated. | |
| II. TRANSPORT | |
| 1. Council Regulation (EEC) No 3164/76 of 16 December 1976 (OJ No L 357, 29. 12. 1976, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 3024/77 of 21 December 1977 (OJ No L 358, 31. 12. 1977, p. 4), | |
| — | Council Regulation (EEC) No 3062/78 of 19 December 1978 (OJ No L 366, 28. 12. 1978, p. 5), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 2963/79 of 20 December 1979 (OJ No L 336, 29. 12. 1979, p. 11), | |
| — | Council Regulation (EEC) No 2964/79 of 20 December 1979 (OJ No L 336, 29. 12. 1979, p. 12), | |
| — | Council Regulation (EEC) No 305/81 of 20 January 1981 (OJ No L 34, 6. 2. 1981, p. 1), | |
| — | Council Regulation (EEC) No 663/82 of 22 March 1982 (OJ No L 78, 24. 2. 1982, p. 2), | |
| — | Council Regulation (EEC) No 3515/82 of 21 December 1982 (OJ No L 369, 29. 12. 1982, p. 2), | |
| — | Council Regulation (EEC) No 3621/84 of 19 December 1984 (OJ No L 333, 21. 12. 1984, p. 61). | |
| Article 3 (1) and (2) must be amended with a view to adding a number of Community authorizations for the new Member States and to correcting in consequence the total number of authorizations. | |
| The entries appearing in the Annexes must be supplemented by the addition of the corresponding signs and indications relating to the new Member States. | |
| 2. Council Directive 74/561/EEC of 12 November 1974 (OJ No L 308, 19. 11. 1974, p. 18), | |
| as amended by Council Directive 80/1178/EEC of 4 December 1980 (OJ No L 350, 23. 12. 1980, p. 41). | |
| In Article 5 (1) and (2), the dates before which natural persons and undertakings already engaged in the occupation of road haulage operator are exempted from certain requirements must be postponed in the new Member States, in order to comply with acquired rights under comparable conditions. | |
| 3. Council Directive 74/562/EEC of 12 November 1974 (OJ No L 308, 19. 11. 1974, p. 23), | |
| as amended by Council Directive 80/1179/EEC of 4 December 1980 (OJ No L 350, 23. 12. 1980, p. 42). | |
| In Article 4 (1) and (2), the dates before which natural persons and undertakings already engaged in the occupation of road passenger transport operator are exempted from certain requirements must be postponed in the new Member States, in order to comply with acquired rights under comparable conditions. | |
| 4. Third Council Directive 84/634/EEC of 12 December 1984 (OJ No L 331, 19. 12. 1984, p. 33). | |
| Article 4 and, if appropriate, Article 3 must be adapted so as to indicate the conditions of application of this Directive to Portugal. | |
| 5. Council Directive 83/416/EEC of 25 July 1983 (OJ No L 237, 26. 8. 1983, p. 19). | |
| That Directive must be adjusted so as to add to it the classification of Portuguese airports open to scheduled international traffic, and on the basis of any temporary exemption for airports in the Azores. | |
| III. ECONOMIC POLICY | |
| Agreement of 9 Feburary 1970 setting up between the Central Banks of the Member States of the Community a system of short-term monetary support and Decision No 15/80 of the Board of Governors of the European Monetary Cooperation Fund of 9 December 1980. | |
| By means of appropriate decisions to be adopted, notwithstanding Article 396 of the Act of Accession, by the Governors of the Central Banks of the Member States and by the Board of Governors of the European Monetary Cooperation Fund respectively, the amounts of debtor quotas and creditor quotas shall be supplemented by the following entries: | |
| — | Debtor quotas: | Banco de España: 725 million ECU, | Banco de Portugal: 145 million ECU. | |
| — | Creditor quotas: | Banco de España: 1 450 million ECU, | Banco de Portugal: 290 million ECU. | |
| IV. COMMERCIAL POLICY | |
| 1. Council Regulation (EEC) No 2603/69 of 20 December 1969 (OJ No L 324, 27. 12. 1969, p. 25), as amended by Council Regulation (EEC) No 1934/82 of 12 July 1982 (OJ No L 211, 20. 7. 1982, p. 1), as corrected in OJ No L 285, 8. 10. 1982, p. 30. | |
| The Annex must be adapted, if necessary, to indicate the restrictions applied by the new Member States. | |
| 2. Council Regulation (EEC) No 288/82 of 5 February 1982 (OJ No L 35, 9. 2. 1982, p. 1), as amended by: | |
| — | Commission Regulation (EEC) No 2303/82 of 18 August 1982 (OJ No L 246, 21. 8. 1982, p. 7), | |
| — | Commission Regulation (EEC) No 2417/82 of 3 September 1982 (OJ No L 258, 4. 9. 1982, p. 8) as corrected in OJ No L 354, 16. 12. 1982, p. 36, | |
| — | Council Regulation (EEC) No 899/83 of 28 March 1983 (OJ No L 103, 21. 4. 1983, p. 1), | |
| as corrected in OJ No L 58, 2. 3. 1982, p. 31, OJ No L 189, 1. 7. 1982, p. 80, OJ No L 260, 8. 9. 1982, p. 16 and OJ No L 351, 11. 12. 1982, p. 35. | |
| The Annexes must be completed with a view to indicating the corresponding entries for the new Member States respectively in the list of products subject to national quantitative restriction, the list of products subject to surveillance. In addition, the entries relating to Spain and Portugal must be deleted from the list of third countries appearing in the geographical zones to which the quantitative restrictions apply. | |
| 3. Council Regulation (EEC) No 1765/82 of 30 June 1982 (OJ No L 195, 5. 7. 1982, p. 1), as corrected in OJ No L 251, 27. 8. 1982, p. 34. | |
| In the Annex and the attached note, the corresponding entries in Spanish and Portuguese must be added to the titles, lists of third countries, footnotes and wording of the products indicated. | |
| 4. Council Regulation (EEC) No 1766/82 of 30 June 1982 (OJ No L 195, 5. 7. 1982, p. 21), as amended by: | |
| — | Commission Regulation (EEC) No 35/83 of 6 January 1983 (OJ No L 5, 7. 1. 1983, p. 12), | |
| — | Council Regulation (EEC) No 101/84 of 16 January 1984 (as corrected in OJ No L 251, 27. 8. 1982, p. 34) (OJ No L 14, 17. 1. 1984, p. 7), | |
| In the Annex and the attached note, the corresponding entries in Spanish and Portuguese must be added to the titles and footnotes and to the wording of the products indicated. | |
| 5. Council Regulation (EEC) No 3587/82 of 23 December 1982 (OJ No L 374, 31. 12. 1982, p. 1), as amended by Council Regulation (EEC) No 853/83 of 28 March 1983 (OJ No L 98, 16. 4. 1983, p. 1). | |
| Article 3 (2) and the tables appearing in Annex II must be adapted to indicate respectively the new percentages and the new quantitative limits fixed for each Member State, which take account of the accession of the new Member States, and to indicate, if necessary, the regional limits for the new Member States. | |
| 6. Council Regulation (EEC) No 3588/82 of 23 December 1982 (OJ No L 374, 31. 12. 1982, p. 47), as amended by: | |
| — | Council Regulation (EEC) No 194/84 of 4 January 1984 (OJ No L 26, 30. 1. 1984, p. 1), | |
| — | Council Regulation (EEC) No 1475/84 of 24 May 1984 (OJ No L 143, 30. 5. 1984, p. 6). | |
| Article 10 (3) and the tables appearing in Annex II must be adapted to indicate respectively the new percentages and the new quantitative limits fixed for each Member State, which take into account the accession of the new Member States. In addition, in Appendix B to Annex VII, a further column must be added for each of the new Member States, and Annex II must, if necessary, be adapted to indicate the regional limits for the new Member States. | |
| 7. Council Regulation (EEC) No 3589/82 of 23 December 1982 (OJ No L 374, 31. 12. 1982, p. 106), as amended by Council Regulation (EEC) No 3762/83 of 19 December 1983 (OJ No L 380, 31. 12. 1982, p. 11). | |
| Article 11 (3) and the tables appearing in Annex III and the Appendix thereto must be adapted to indicate respectively the new percentages and the new quantitative limits fixed for each Member State with regard to the third countries referred to, which take account of the accession of the new Member States. In addition, Annex III must, if necessary, be adapted to indicate the regional limits for the new Member States. | |
| 8. Council Regulation (EEC) No 3420/83 of 14 November 1983 (OJ No L 346, 8. 12. 1983, p. 6). | |
| Annexes I and III must be supplemented by the addition of the corresponding entries in Spanish and Portuguese in the titles, the entries and the list of countries referred to and by the indication of products originating in State-trading countries, for which the putting into free circulation will be subject to quantitative restrictions in the new Member States. | |
| 9. Council Regulation (EEC) No 3761/83 of 22 December 1983 (OJ No L 379, 31. 12. 1983, p. 1). | |
| Annex 7 must be supplemented by an indication of the annual coffee import limits for the new Member States. | |
| 10. Council Regulation (EEC) No 2072/84 of 29 June 1984 (OJ No L 198, 27. 7. 1984, p. 1). | |
| Article 12 (3) and the tables appearing in Annex III and the Appendix thereto must be adapted so as to indicate the respective new percentages and quantitative limits for each Member State taking into account the accession of the new Member States. | |
| V. SOCIAL POLICY | |
| 1. Council Decision 70/532/EEC of 14 December 1970 (OJ No L 273, 17. 12. 1970, p. 25), as amended by Council Decision 75/62/EEC of 20 January 1975 (OJ No L 21, 28. 1. 1975, p. 17). | |
| The Annex must be amended, in so far as necessary, in order to ensure adequate participation within this Committee of representatives of Spanish and Portuguese employers' and workers' organizations. | |
| 2. Council Regulation (EEC) No 1408/71 of 14 June 1971, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6). | |
| The Annexes must be amended in so far as required by amendments to legislation of the new Member States and/or the conclusion of an Agreement between the competent authorities of the present Member States and the new Member States or between the latter States, on the retention of certain provisions of bilateral Conventions. | |
| 3. Council Regulation (EEC) No 574/72 of 21 March 1972, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6). | |
| The Annexes must be amended in so far as required by amendments to legislation of the new Member States and/or the conclusion of an Agreement between the competent authorities of the present Member States and the new Member States or between the latter States on the retention of certain provisions of bilateral Conventions. | |
| 4. Council Directive 80/987/EEC of 20 October 1980 (OJ No L 288, 28. 10. 1980, p. 23). | |
| The Annex must, where appropriate, be supplemented by the indication of those categories of employees in the new Member States whose claims could be excluded from the scope of the said Directive, in accordance with Article 1 (2) thereof. | |
| 5. Council Regulation (EEC) No 2950/83 of 17 October 1983 (OJ No L 289, 22. 10. 1983, p. 1). | |
| Article 3 (1) must be adapted so as to add the areas in Spain which will be eligible for the increased rate of assistance. | |
| VI. APPROXIMATION OF LEGISLATION | |
| 1. Council Directive 67/548/EEC of 27 June 1967 (OJ No 196, 16. 8. 1967, p. 1), as amended by: | |
| — | Council Directive 69/81/EEC of 13 March 1969 (OJ No L 68, 19. 3. 1969, p. 1), | |
| — | Council Directive 70/189/EEC of 6 March 1970 (OJ No L 59, 14. 3. 1970, p. 33), | |
| — | Council Directive 71/144/EEC of 22 March 1971 (OJ No L 74, 29. 3. 1971, p. 15), | |
| — | Council Directive 73/146/EEC of 21 May 1973 (OJ No L 167, 25. 6. 1973, p. 1), | |
| — | Council Directive 75/409/EEC of 24 June 1975 (OJ No L 183, 14. 7. 1975, p. 22), | |
| — | Commission Directive 76/907/EEC of 14 July 1976 (OJ No L 360, 30. 12. 1976, p. 1), as corrected in OJ No L 28, 2. 2. 1979, p. 32, | |
| — | Commission Directive 79/370/EEC of 30 January 1979 (OJ No L 88, 7. 4. 1979, p. 1), | |
| — | Council Directive 79/831/EEC of 18 September 1979 (OJ No L 259, 15. 10. 1979, p. 10), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/1189/EEC of 4 December 1980 (OJ No L 366, 31. 12. 1980, p. 1), | |
| — | Commission Directive 81/957/EEC of 23 October 1981 (OJ No L 351, 7. 12. 1981, p. 5), | |
| — | Commission Directive 82/232/EEC of 25 March 1982 (OJ No L 106, 21. 4. 1982, p. 18), | |
| — | Commission Directive 83/467/EEC of 29 July 1983 (OJ No L 257, 16. 9. 1983, p. 1), | |
| — | Commission Directive 84/449/EEC of 25 April 1984 (OJ No L 251, 19. 9. 1984, p. 1). | |
| The Annexes must be supplemented by the addition of the terms in Spanish and Portuguese of the substances and other expressions which are indicated therein in all the current Community languages. | |
| 2. Council Directive 71/316/EEC of 26 July 1971 (OJ No L 202, 6. 9. 1971, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 72/427/EEC of 19 December 1972 (OJ No L 291, 28. 12. 1972, p. 156), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/575/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 43). | |
| The drawings to which point 3.2.1 of Annex II refers, must be supplemented by the indication of the necessary characters for the new distinguishing abbreviations. | |
| 3. Council Directive 80/767/EEC of 22 July 1980 (OJ No L 215, 18. 8. 1980, p. 1). | |
| Annex I, comprising the list of entitities to be considered as contracting authorities in each of the Member States, must be supplemented by the indication of the list of the said entities in the new Member States, which will be defined on the basis of the results of negotiations to be carried out within GATT on this matter. | |
| VII. ENERGY | |
| 1. Commission Decision No 73/287/ECSC of 25 July 1973 (OJ No L 259, 15. 9. 1973, p. 36), as amended by: | |
| — | Commission Decision No 2963/76/ECSC of 1 December 1976 (OJ No L 338, 7. 12. 1976, p. 19, and L 346, 26. 12. 1976, p. 26), | |
| — | Commission Decision No 751/77/ECSC of 12 April 1977 (OJ No L 91, 13. 4. 1977, p. 7), | |
| — | Commission Decision No 1613/77/ECSC of 15 July 1977 (OJ No L 180, 20. 7. 1977, p. 8), | |
| — | Commission Decision No 3058/79/ECSC of 19 December 1979 (OJ No L 344, 31. 12. 1979, p. 1), | |
| — | Commission Decision No 896/82/ECSC of 20 April 1982 (OJ No L 106, 21. 4. 1982, p. 5), | |
| — | Commission Decision No 759/84/ECSC of 23 March 1984 (OJ No L 80, 24. 3. 1984, p. 14). | |
| Article 7 relating to the special fund for Community financing sales aids must, if necessary, be adapted to take into account participation of the new Member States. | |
| 2. Commission Decision No 2514/76/ECSC of 30 September 1976 (OJ No L 292, 23. 10. 1976, p. 1). | |
| The Annexes must be supplemented by the introduction of further comparable forms for notifications to be made by the new Member States. | |
| VIII. STATISTICS | |
| 1. Council Regulation (EEC) No 1736/75 of 24 June 1975 (OJ No L 183, 14. 7. 1975, p. 3), as amended by: | |
| — | Council Regulation (EEC) No 2845/77 of 19 December 1977 (OJ No L 329, 22. 12. 1977, p. 3), | |
| — | Commission Regulation (EEC) No 3396/84 of 3 December 1984 (OJ No L 314, 4. 12. 1984, p. 10). | |
| In Article 3, the indication of the statistical territory should, where necessary, be supplemented on the basis of amendments made to the Regulations defining the customs territory of the Community consequent upon the accession of the new Member States. | |
| 2. Commission Regulation (EEC) No 3581/81 of 14 December 1981 (OJ No L 359, 15. 12. 1981, p. 12). | |
| In Article 2, the indication of the respective equivalent value in pesetas and escudos of the statistical threshold of 400 ECU should be added for Spain and Portugal. | |
| IX. FISHERIES | |
| 1. Council Regulation (EEC) No 103/76 of 19 January 1976 (OJ No L 20, 28. 1. 1976, p. 29), as amended by: | |
| — | Commission Regulation (EEC) No 3049/79 of 21 December 1979 (OJ No L 343, 31. 12. 1979, p. 22), | |
| — | Commission Regulation (EEC) No 273/81 of 30 January 1981 (OJ No L 30, 2. 2. 1981, p. 1), | |
| — | Council Regulation (EEC) No 3166/82 of 22 November 1982 (OJ No L 332, 27. 11. 1982, p. 4), | |
| — | Commission Regulation (EEC) No 3250/83 of 17 November 1983 (OJ No L 321, 18. 11. 1983, p. 20). | |
| It is necessary to supplement Article 3 and to define, in Annex B, common marketing standards for monkfish, megrim, Rays bream and Spanish mackerel. | |
| 2. Council Regulation (EEC) No 104/76 of 19 January 1976 (OJ No L 20, 28. 1. 1976, p. 35), as amended by Regulation (EEC) No 3575/83 of 14 December 1983 (OJ No L 356, 20. 12. 1983, p. 6). | |
| It is necessary to define, in Articles 5 and 7, the freshness category and the size category for edible crabs and Norway lobsters. | |
| 3. Commission Regulation (EEC) No 3191/82 of 29 November 1982 (OJ No L 338, 30. 11. 1982, p. 13). | |
| Annex I, indicating representative markets and ports of importation, must be supplemented by an indication of the markets and ports in the new Member States and by an indication for all Member States of other markets and ports with respect to the introduction of new species subject to the reference price system. | |
| 4. Council Regulation (EEC) No 171/83 of 25 January 1983 (OJ No L 24, 27. 1. 1983, p. 14), as amended by: | |
| — | Council Regulation (EEC) No 2931/83 of 4 October 1983 (OJ No L 288, 21. 10. 1983, p. 1), | |
| — | Council Regulation (EEC) No 1637/84 of 7 June 1984 (OJ No L 156, 13. 6. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2178/84 of 23 July 1984 (OJ No L 199, 28. 7. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2664/84 of 18 September 1984 (OJ No L 253, 21. 9. 1984, p. 1), | |
| — | Council Regulation (EEC) No 3625/84 of 18 December 1984 (OJ No L 335, 22. 12. 1984, p. 3). | |
| This Regulation must be supplemented so as to take account of particularities pertaining to fisheries in the zones covered by the common fishing policy and falling under the sovereignty or within the jurisdiction of Spain and Portugal. | |
| 5. Commission Regulation (EEC) No 3598/83 of 20 December 1983 (OJ No L 357, 21. 12. 1983, p. 17). | |
| The Annex, containing the indication of representative wholesale markets and ports, must be supplemented by an indication of markets and ports in the new Member States and by an indication for all Member States of the markets and ports for the new species. | |
| X. MISCELLANEOUS | |
| 1. Council Regulation (ECSC, EEC, Euratom) No 1826/69 of 15 September 1969 (OJ No L 235, 18. 9. 1969, p. 1), as amended by: | |
| — | Council Regulation (ECSC, EEC, Euratom) No 950/73 of 2 April 1973 (OJ No L 98, 12. 4. 1973, p. 1), | |
| — | Council Regulation (EEC, Euratom, ECSC) No 3288/80 of 4 December 1980 (OJ No L 350, 23. 12. 1980, p. 17). | |
| The Annex must be amended so as to add under each of its headings the corresponding text in Spanish and Portuguese. | |
| 2. Council Decision of 19 December 1984 (OJ No C 33, 5. 2. 1985, p. 1). | |
| The Annex shall be supplemented by adding an indication of the representative organizations of producers and workers designated in the new Member States to draw up lists of candidates on the basis of which members of the Consultative Committee of the European Coal and Steel Community are to be appointed. | |
| ANNEX III | |
| List provided for in the first indent of Article 43 (1) of the Act of Accession | |
| BASIC QUOTAS FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS ON IMPORTS INTO SPAIN UNTIL 31 DECEMBER 1988 | |
| Quota No | CCT heading No | Description | Basic quota | |
| 1 | 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus: | A. | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras: | III. | Receivers, whether or not incorporating sound recorders or reproducers: | b) | Other: | ex 2. | Other: | — | Colour television receivers, the diagonal measurement of the screen of which is: | — | From more than 42 cm up to and including 52 cm | — | More than 52 cm | 19 233 units | |
| 2 | 87.01 | Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys: | ex B. | Agricultural tractors (excluding walking tractors) and forestry tractors, wheeled: | — | With an engine of a cylinder capacity of 4 000 cm3 or less | 3 171 units | |
| ANNEX IV | |
| List provided for in the second indent of Article 43 (1) of the Act of Accession | |
| Basic quotas for products subject to quantitative restrictions on imports into Spain until 31 December 1989 | |
| Quota No | CCT heading No | Description | Basic quota | |
| 1 | 25.03 | Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur | 90 000 tonnes | |
| 2 | 29.03 | Sulphonated, nitrated or nitrosated derivatives of hydrocarbons: | B. | Nitrated and nitrosated derivatives: | ex I. | Trinitrotoluenes and dinitronaphthalenes: | — | Trinitrotoluenes | 1 100 tonnes | |
| | 36.01 | Propellent powders | | |
| | 36.02 | Prepared explosives, other than propellent powders | | |
| | ex 36.04 | Safety fuses; detonating fuses; percussion and detonating caps; igniters; detonators: | — | Other than electrical detonators | | |
| | 36.05 | Pyrotechnic articles (for example, fireworks, railway fog signals, amorces, rain rockets) | | |
| | 36.06 | Matches (excluding Bengal matches) | | |
| 3 | 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | I. | Polyethylene: | ex b) | In other forms: | — | Waste and scrap | ex II. | Polytetrahaloethylenes: | — | Waste and scrap | ex III. | Polysulphohaloethylenes: | — | Waste and scrap | ex IV. | Polypropylene: | — | Waste and scrap | ex V. | Polyisobutylene: | — | Waste and scrap | VI. | Polystyrene and copolymers of styrene | ex b) | In other forms: | — | Waste and scrap | VII. | Polyvinyl chloride: | ex b) | In other forms: | — | Waste and scrap | ex VIII. | Polyvinylidene chloride; copolymers of vinylidene chloride with vinyl chloride: | — | Waste and scrap | ex IX. | Polyvinyl acetate: | — | Waste and scrap | ex X. | Copolymers of vinyl chloride with vinyl acetate: | — | Waste and scrap | ex XI. | Polyvinyl alcohols, acetals and ethers: | — | Waste and scrap | ex XII. | Acrylic polymers, methacrylic polymers and acrylo-methacrylic copolymers: | — | Waste and scrap | ex XIII. | Coumarone resins, indene resins and coumarone-indene resins: | — | Waste and scrap | XIV. | Other polymerization or copolymerization products: | ex b) | In other forms: | — | Waste and scrap | 4 500 tonnes | |
| 4 | 39.07 | Articles of materials of the kinds described in heading Nos 39.01 to 39.06: | B. | Other: | I. | Of regenerated cellulose | III. | Of hardened proteins | V. | Of other materials: | a) | Spools, reels and similar supports for photographic and cinematographic film or for tapes, films and the like falling within heading No 92.12 | c) | Corset busks and similar supports for articles of apparel or clothing accessories | ex d) | Other: | — | excluding airtight clothing affording protection against radiation or radioactive contamination, not combined with breathing apparatus | 15 000 000 ECU | |
| 5 | ex 58.01 | Carpets, carpeting and rugs, knotted (made up or not), other than handmade | 530 tonnes | |
| | 58.02 | Other carpets, carpeting, rugs, mats and matting, and ‘Kelem’, ‘Schumacks’ and ‘Karamanie’ rugs and the like (made up or not): | A. | Carpets, carpeting, rugs, mats and matting | | |
| 6 | ex 58.04 | Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05): | — | Of cotton | 259,3 tonnes | |
| | 58.09 | Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured; hand or mechanically made lace, in the piece, in strips or in motifs: | B. | Lace: | ex I. | Hand-made: | — | Other than lace made from cotton, wool and man-made textile fibres | II. | Mechanically made | | |
| | 60.01 | Knitted or crocheted fabric, not elastic nor rubberized: | C. | Of other textile materials: | I. | Of cotton | | |
| 7 | 60.04 | Under garments, knitted or crocheted, not elastic or rubberized: | A. | Babies' garments; girls' garments up to and including commercial size 86: | I. | T-shirts: | a) | Of cotton | II. | Lightweight fine knit roll, polo or turtle neck jumpers and pullovers: | a) | Of cotton | III. | Other: | b) | Of cotton | B. | Other: | I. | T-shirts: | a) | Of cotton | II. | Lightweight fine knit roll, polo or turtle-neck jumpers and pullovers: | a) | Of cotton | IV. | Other: | d) | Of cotton | 15,3 tonnes | |
| | 60.05 | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | A. | Outer garments and clothing accessories: | II. | Other: | ex a) | Outer garments of knitted or crocheted textile fabrics of heading No 59.08: | — | Of cotton | b) | Other: | 1. | Babies' garments, girls' garments up to and including commercial size 86: | cc) | Of cotton | 2. | Bathing costumes and trunks: | bb) | Of cotton | 3. | Track suits: | bb) | Of cotton | 4. | Other outer garments: | aa) | Blouses and shirt-blouses for women, girls and infants: | 55. | Of cotton | bb) | Jerseys, pullovers, slipovers, waistcoats, twinsets, cardigans, bed jackets and jumpers: (other than jackets referred to under subheading 60.05 A II b) 4 hh)): | 11. | Men's and boys': | eee) | Of cotton | 22. | Women's, girls' and infants: | fff) | Of cotton | cc) | Dresses: | 44. | Of cotton | dd) | Skirts, including divided skirts: | 33. | Of cotton | ee) | Trousers: | ex 33. | Of other textile materials: | — | Of cotton | ff) | Suits and coordinate suits (excluding ski suits) for men and boys: | ex 22. | Of other textile materials: | — | Of cotton | gg) | Suits and coordinate suits (excluding ski suits), and costumes, for women, girls and infants: | 44. | Of cotton | hh) | Coats, jackets (excluding anoraks, windcheaters, waister jackets and the like) and blazers: | 44. | Of cotton | ijij) | Anoraks, windcheaters, waister jackets and the like: | ex 11. | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | kk) | Ski suits consisting of two or three pieces: | ex 11. | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | ll) | Other outer garments: | 44. | Of cotton | 5. | Clothing accessories: | ex cc) | of other textile materials: | — | Of cotton | B. | Other: | ex III. | Of other textile materials: | — | Of cotton | | |
| 8 | 61.01 | Men's and boys' outer garments: | A. | Garments of the ‘cowboy’ type and other similar garments for amusement and play less than commercial size 158; garments of textile fabric of heading No 59.08, 59.11 or 59.12: | II. | Other: | ex a) | Coats: | — | Of cotton | ex b) | Other: | — | Of cotton | B. | Other: | I. | Industrial and occupational clothing: | a) | Overalls, including boiler suits and bibs and braces: | 1. | Of cotton | b) | Other: | 1. | Of cotton | II. | Swimwear: | ex b) | Of other textile materials: | — | Of cotton | III. | Bath robes, dressing gowns, smoking jackets and similar indoor wear: | b) | Of cotton | IV. | Parkas; anoraks, windcheaters, waister jackets and the like: | b) | Of cotton | V. | Other: | a) | Jackets (excluding waister jackets) and blazers: | 3. | Of cotton | b) | Overcoats, raincoats and other coats; cloaks and capes: | 3. | Of cotton | c) | Suits and coordinate suits (excluding ski suits): | 3. | Of cotton | d) | Shorts: | 3. | Of cotton | e) | Trousers: | 3. | Of cotton | f) | Ski suits consisting of two or three pieces: | ex 1. | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | g) | Other garments: | 3. | Of cotton | 30,9 tonnes | |
| | 61.02 | Women's, girls' and infants' outer garments: | A. | Babies' garments; girls' garments up to and including commercial size 86; garments of the ‘cowboy’ type and other similar garments for amusement and play, less than commercial size 158: | I. | Babies' garments; girls' garments up to and including commercial size 86: | a) | Of cotton | B. | Other: | I. | Garments of textile fabric of heading No 59.08, 59.11 or 59.12: | ex a) | Coats: | — | Of cotton | ex b) | Other: | — | Of cotton | II. | Other: | a) | Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use): | 1. | Of cotton | b) | Swimwear: | ex 2. | Of other textile materials: | — | Of cotton | c) | Bath robes, dressing gowns, bed jackets and similar indoor wear: | 2. | Of cotton | d) | Parkas, anoraks, windcheaters, waister jackets and the like: | 2. | Of cotton | e) | Other: | 1. | Jackets (excluding waister jackets) and blazers: | cc) | Of cotton | 2. | Coats and raincoats, cloaks and capes: | cc) | Of cotton | 3. | Suits and coordinate suits (excluding ski suits), and costumes: | cc) | Of cotton | 4. | Dresses: | ee) | Of cotton | 5. | Skirts, including divided skirts: | cc) | Of cotton | 6. | Trousers: | cc) | Of cotton | 7. | Blouses and shirt-blouses: | cc) | Of cotton | 8. | Ski suits consisting of two or three pieces: | ex aa) | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | 9. | Other garments: | cc) | Of cotton | | |
| 9 | 61.03 | Men's and boys' under garments, including collars, shirt fronts and cuffs: | A. | Shirts: | II. | Of cotton | B. | Pyjamas: | II. | Of cotton | C. | Other: | II. | Of cotton | 6,4 tonnes | |
| | 61.04 | Women's, girls' and infants' under garments: | A. | Babies' garments; girls' garments up to and including commercial size 86: | I. | Of cotton | B. | Other: | I. | Pyjamas and nightdresses | b) | Of cotton | II. | Other: | b) | Of cotton | | |
| 10 | 84.41 | Sewing machines; furniture specially designed for sewing machines; sewing machine needles: | A. | Sewing machines; furniture specially designed for sewing machines: | I. | Sewing machines (lock-stitch only), with heads of a weight not exceeding 16 kg without motor or 17 kg including the motor; sewing machine heads (lock-stitch only), of a weight not exceeding 16 kg without motor or 17 kg including the motor: | a) | Sewing machines having a value (not including frames, tables or furniture) of more than 65 ECU each | b) | Other | 2 850 units | |
| 11 | 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus: | A. | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radiobroadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras: | III. | Receivers, whether or not incorporating sound recorders or reproducers: | b) | Other: | ex 2. | Other: | — | Colour television receivers, the diagonal measurement of the screen of which is 42 cm or less | 8 243 units | |
| 12 | 87.01 | Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys: | A. | Agricultural walking tractors, with either a spark ignition or a compression ignition engine | 852 units | |
| 13 | 93.02 | Revolvers and pistols, being firearms: | 6 000 000 ECU | |
| | 93.04 | Other firearms, including Very pistols, pistols and revolvers for firing blank ammunition only, line-throwing guns and the like: | ex A. | Sporting and target-shooting guns, rifles and carbines: | — | Excluding single-barrelled, rifled sporting and target-shooting guns and carbines, and other than ring firing, of a unit value greater than 200 ECU | | |
| | 93.05 | Arms of other descriptions, including air, spring and similar pistols, rifles and guns | | |
| | 93.06 | Parts of arms, including gun barrel blanks, but not including parts of sidearms | | |
| 14 | 93.07 | Bombs, grenades, torpedoes, mines, guided weapons and missiles and similar munitions of war, and parts thereof; ammunition and parts thereof, including cartridge wads; lead shot prepared for ammunition | 900 tonnes | |
| ANNEX V | |
| List provided for in Article 48 (3) of the Act of Accession | |
| Quota No | CCT heading No | Description | Quota volume | |
| 1986 | 1987 | 1988 | 1989 | 1990 | 1991 | |
| 1 | 24.02 | Manufactured tobacco; tobacco extracts and essences: | A. | Cigarettes | 2 605 033 000 units | Annual rate of increase: 20 % | |
| 2 | 24.02 | B. | Cigars | 34 406 000 units | Annual rate of increase: 20 % | |
| 3 | 24.02 | C. | Smoking tobacco | D. | Chewing tobacco and snuff | E. | Other, including agglomerated tobacco in the form of sheets or strip | 598 tonnes | Annual rate of increase: 20 % | |
| 4 | 27.10 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing not less than 70 % by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: | ex A. | Light oils: | — | Excluding motor spirit and spirit type jet fuel | 185 679 tonnes | Annual rate of increase: 20 % | |
| 5 | 27.10 | ex A. | Light oils: | — | Motor spirit and spirit type jet fuel | 238 283 tonnes | Annual rate of increase: 20 % | |
| 6 | 27.10 | B. | Medium oils | 70 000 tonnes | Annual rate of increase: 20 % | |
| 7 | 27.10 | C. | Heavy oils: | I. | Gas oils | 185 000 tonnes | 253 450 tonnes | 347 226 tonnes | 475 700 tonnes | 651 709 tonnes | 892 842 tonnes | |
| 8 | 27.10 | C. II. | Fuel oils | 340 000 tonnes | 425 000 tonnes | 531 250 tonnes | 664 062 tonnes | 830 078 tonnes | 997 000 tonnes | |
| 9 | 27.10 | C. III. | Lubricating oils; other oils | 16 666 tonnes | Annual rate of increase: 20 % | |
| | 34.03 | Lubricating preparations, and preparations of a kind used for oil or grease treatment of textiles, leather or other materials, but not including preparations containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals: | ex A. | Containing petroleum oils or oils obtained from bituminous minerals: | — | Excluding preparations for the lubricating, oiling or greasing of textiles, furskins, hides and leather | | | | | | | |
| 10 | 27.11 | Petroleum gases and other gaseous hydrocarbons | 602 945 tonnes | Annual rate of increase: 20 % | |
| 11 | 27.12 | Petroleum jelly | 3 300 tonnes | Annual rate of increase: 20 % | |
| | 27.13 | Paraffin wax, micro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and other mineral waxes, whether or not coloured | | | | | | | |
| 12 | 27.14 | Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals | 97 033 tonnes | Annual rate of increase: 20 % | |
| | 27.15 | Bitumen and asphalt, natural; bituminous shale, asphaltic rock and tar sands | | | | | | | |
| | 27.16 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs) | | | | | | | |
| ANNEX VI | |
| List referred to in Article 48 (4) of the Act of Accession | |
| CCT heading No | Description | |
| 27.09 | Petroleum oils and oils obtained from bituminous minerals, crude … | |
| 27.10 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing not less than 70 % by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations | |
| 27.11 | Petroleum gases and other gaseous hydrocarbons | |
| 27.12 | Petroleum jelly | |
| 27.13 | Paraffin wax, micro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and other mineral waxes, whether or not coloured | |
| 27.14 | Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals | |
| 27.15 | Bitumen and asphalt, natural; bituminous shale, asphaltic rock and tar sands | |
| 27.16 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs) | |
| 34.03 | Lubricating preparations, and preparations of a kind used for oil or grease treatment of textiles, leather or other materials, but not including preparations containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals: | ex A. | Containing petroleum oils or oils obtained from bituminous minerals: | — | Excluding preparations for the lubricating, oiling or greasing of textiles, furskins, hides and leather | |
| ANNEX VII | |
| List provided for in Article 53 of the Act of Accession | |
| CCT heading No | Description | Level of Spanish basic duties on imports from the Community as at present constituted | |
| 19.02 | Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa: | (%) | |
| | A. Malt extract | 19,5 | |
| | B. Other | 17,3 | (min. 2,87 ptas/kg) | |
| 19.03 | Macaroni, spaghetti and similar products | 18,1 | |
| 19.04 | Tapioca and sago; tapioca and sago substitutes obtained from potato or other starches: | | |
| | — | Of yucca or of manioc | 19,2 | |
| | — | Other: | | |
| | — | Tapioca and sago substitutes obtained from potato or other starches | 11,4 | |
| | — | Other | 14,3 | |
| 19.05 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products) | 16,8 | |
| 19.07 | Bread, ships' biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products | 6,1 | |
| 19.08 | Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion: | | |
| | A. Gingerbread and the like | 10 | |
| | B. Other: | | |
| | I. Containing no starch or containing less than 5 % by weight of starch, and containing by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | a) Less than 70 %: | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | b) 70 % or more | 10 | |
| | II. Containing 5 % or more but less than 32 % by weight of starch: | | |
| | a) Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | b) Containing 5 % or more but less than 30 % by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | c) Containing 30 % or more but less than 40 % by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | d) Containing 40 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | III. Containing 32 % or more but less than 50 % by weight of starch: | | |
| | a) Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | 1. Containing no milkfats or containing less than 1,5 % by weight of such fats: | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | 2. Other: | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | b) Containing 5 % or more but less than 20 % by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | c) Containing 20 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | IV. Containing 50 % or more but less than 65 % by weight of starch: | | |
| | a) Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | 1. Containing no milkfats or containing less than 1,5 % by weight of such fats: | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | 2. Other: | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | b) Containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 10 | |
| | V. Containing 65 % or more by weight of starch: | | |
| | a) Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | — | Without sugar or cocoa | 8,7 | |
| | — | Other | 10 | |
| | b) Other | 10 | |
| 21.07 | Food preparations not elsewhere specified or included: | | |
| | A. Cereals in grain or ear form, pre-cooked or otherwise prepared | 16,8 | |
| | B. Ravioli, macaroni, spaghetti and similar products, not stuffed, cooked; the foregoing preparations, stuffed, whether or not cooked | 16,8 | |
| | C. Ice-cream (not including ice-cream powder) and other ices | 16,8 | |
| | D. Prepared yoghourt; prepared milk, in powder form, for use as infants' food or for dietetic or culinary purposes | 16,8 | |
| | E. Cheese fondues | 16,8 | |
| | G. Other: | | |
| | I. Containing no milkfats or containing less than 1,5 % by weight of such fats: | | |
| | a) Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | | |
| | 1. Containing no starch or containing less than 5 % by weight of starch: | | |
| | — | Non alcoholic compound preparations (called concentrated extracts) for the manufacture of beverages | 9,8 | |
| | — | Mixture of plants for the preparation of beverages | 1,3 | |
| | — | Protein hydrolysates and protein concentrates | 0,4 | |
| | — | Textured proteins | 0,7 | |
| | — | Other | 16,8 | |
| | 2. Containing 5 % or more by weight of starch | 16,8 | |
| | b) Containing 5 % or more but less than 15 % by weight of sucrose (including invert sugar expressed as sucrose) | 16,8 | |
| | c) Containing 15 % or more but less than 30 % by weight of sucrose (including invert sugar expressed as sucrose) | 16,8 | |
| | d) Containing 30 % or more but less than 50 % by weight of sucrose (including invert sugar expressed as sucrose) | 16,8 | |
| | e) Containing 50 % or more but less than 85 % by weight of sucrose (including invert sugar expressed as sucrose) | 16,8 | |
| | f) Containing 85 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 16,8 | |
| | II. Containing 1,5 % or more but less than 6 % by weight of milkfats | 1,8 | |
| | III. Containing 6 % or more but less than 12 % by weight of milkfats | 16,8 | |
| | IV. Containing 12 % or more but less than 18 % by weight of milkfats | 16,8 | |
| | V. Containing 18 % or more but less than 26 % by weight of milkfats | 16,8 | |
| | VI. Containing 26 % or more but less than 45 % by weight of milkfats | 16,8 | |
| | VII. Containing 45 % or more but less than 65 % by weight of milkfats | 16,8 | |
| | VIII. Containing 65 % or more but less than 85 % by weight of milkfats | 16,8 | |
| | IX. Containing 85 % or more by weight of milkfats | 16,8 | |
| ANNEX VIII | |
| List of products referred to in Article 75 (3) of the Act of Accession | |
| CCT heading No | Description | Basic duty | (%) | |
| 01.06 | Other live animals: | | |
| | A. Domestic rabbits | 6,5 | |
| 07.01 | Vegetables, fresh or chilled: | | |
| | B. Cabbages, cauliflowers and Brussels sprouts: | | |
| | II. White cabbages and red cabbages | 15 subject to a min. of 0,50 ECU per 100 kg net | |
| | III. Other | 15 | |
| | C. Spinach | 13 | |
| | D. Salad vegetables, including endive and chicory: | | |
| | I. Cabbage lettuce: | | |
| | a) From 1 April to 30 November | 15 15 subject to a min. of 2,50 ECU per 100 kg gross | |
| | b) From 1 December to 31 March | 13 subject to a min. of 1,60 ECU per 100 kg gross | |
| | II. Other | 13 | |
| | E. Chard (or white beet) and cardoons | 9,1 | |
| | F. Leguminous vegetables, shelled or unshelled: | | |
| | I. Peas: | | |
| | a) From 1 September to 31 May | 10 | |
| | b) From 1 June to 31 August | 17 | |
| | II. Beans (of the species Phaeseolus): | | |
| | a) From 1 October to 30 June | 13 subject to a min. of 2 ECU per 100 kg net | |
| | b) From 1 July to 30 September | 17 subject to a min. of 2 ECU per 100 kg net | |
| | III. Other: | | |
| | — | Broad beans (Vicia faba major L) | 9,8 | |
| | — | Other | 14 | |
| | G. Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots: | | |
| | I. Celeriac (rooted celery or German celery): | | |
| | a) From 1 May to 30 September | 13 | |
| | b) From 1 October to 30 April | 17 | |
| | ex II. Carrots and turnips: | | |
| | — | Turnips | 17 | |
| | III. Horse-radish (Cochlearia armoracia) | 15 | |
| | IV. Other | 17 | |
| | ex H. Onions, shallots and garlic: | | |
| | — | Shallots | 12 | |
| | IJ. Leeks and other alliaceous plants (for example chives, Welsh onions) | 13 | |
| | K. Asparagus | 16 | |
| | L. Artichokes | 13 | |
| | N. Olives: | | |
| | I. For uses other than the production of oil | 7 | |
| | O. Capers | 7 | |
| | P. Cucumbers and gherkins: | | |
| | I. Cucumbers: | | |
| | a) From 1 November to 15 May | 16 | |
| | b) From 16 May to 31 October | 20 | |
| | II. Gherkins | 16 | |
| | Q. Mushrooms and truffles: | | |
| | I. Cultivated mushrooms | 16 | |
| | III. Flap Mushrooms | 7 | |
| | IV. Other: | 8 | |
| | R. Fennel | 10 | |
| | T. Other: | | |
| | I. Courgettes | 16 | |
| | II. Aubergines | 16 | |
| | III. Other: | | |
| | — | Parsley | 11,2 | |
| | — | Other | 16 | |
| 07.02 | Vegetables (whether or not cooked), preserved by freezing: | | |
| | A. Olives | 19 | |
| | B. Other | 18 | |
| 07.03 | Vegetables provisionally preserved in brine, in sulphur water or in other preservative solutions, but not specially prepared for immediate consumption: | | |
| | D. Cucumbers and gherkins | 15 | |
| | E. Other vegetables | 12 (1) | |
| | F. Mixtures of vegetables specified above | 15 | |
| 08.02 | Citrus fruit, fresh or dried: | | |
| | E. Other | 16 | |
| 08.05 | Nuts other than those falling within heading No 08.01, fresh or dried, shelled or not: | | |
| | A. Almonds: | | |
| | II. Other | 7 | |
| 08.09 | Other fruit, fresh: | | |
| | — | Pomegranates | 7,7 | |
| | — | Other | 11 (2) | |
| 11.04 | Flour of the dried leguminous vegetables falling within heading No 07.05 or of the fruits falling within any heading in Chapter 8; flour and meal of sago and of roots and tubers falling within heading No 07.06: | | |
| | B. Flour of the fruits falling within any heading in Chapter 8: | | |
| | I. Of bananas | 8,5 | |
| | II. Other | 6,5 | |
| 20.02 | Vegetables prepared or preserved otherwise than by vinegar or acetic acid: | | |
| | ex C. Tomatoes: | | |
| | — | Tomato concentrate | 18 | |
| | — | Peeled tomatoes | 18 | |
| | — | Tomato juice | 18 | |
| 20.06 | Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit: | | |
| | A. Nuts (including ground-nuts), roasted, in immediate packings of a net capacity: | | |
| | I. Of more than 1 kg | 14,3 | |
| | II. Of 1 kg or less | 16,3 | |
| | B. Other: | | |
| | II. Not containing added spirit: | | |
| | a) Containing added sugar, in immediate packings of a net capacity of more than 1 kg: | | |
| | 6. Pears: | | |
| | aa) With a sugar content exceeding 13 % by weight | 20 | |
| | 7. Peaches and apricots: | | |
| | ex aa) With a sugar content exceeding 13 % by weight: | | |
| | — | Peaches | 22 | |
| | b) Containing added sugar, in immediate packings of a net capacity of 1 kg or less: | | |
| | 6. Pears: | | |
| | aa) With a sugar content exceeding 15 % by weight | 22 | |
| | bb) Other | | |
| | 7. Peaches and apricots: | | |
| | aa) With a sugar content exceeding 15 % by weight | | |
| | 11. Peaches | 22 | |
| (1) For mushrooms, other than cultivated mushrooms within the meaning of subheading 07.01 Q I, provisionally preserved in brine, sulphur water or in other preservative solutions, but not specially prepared for immediate consumption: free. | |
| (2) For rose hips: free. | |
| ANNEX IX | |
| List provided for in Article 158 (1) of the Act of Accession | |
| Name of vessel | External identification | Call sign | Gross registered tonnage | Engine horsepower | |
| 1. | TRAWLERS (201) | |
| — | Achondo | BI-4 | 100 | EAHG | 227,00 | 1 200,00 | |
| — | Activo Segundo | GI-4 | 1613 | EEAD | 181,50 | 550,00 | |
| — | Adubu | VI-5 | 8487 | EDYO | 187,00 | 750,00 | |
| — | Alay-Alde | SS-1 | 2274 | EADI | 263,00 | 1 200,00 | |
| — | Alborada | CO-2 | 3522 | EGPD | 240,00 | 1 000,00 | |
| — | Aliva | ST-4 | 2462 | EAAR | 142,00 | 600,00 | |
| — | Almeiro | CO-2 | 3410 | EECI | 248,00 | 900,00 | |
| — | Almiketxu | SS-1 | 2232 | EFZY | 217,00 | 800,00 | |
| — | Amelia de Llano | CO-2 | 2924 | EEBH | 243,00 | 800,00 | |
| — | Amuko | SS-1 | 2309 | EGSK | 227,36 | 531,00 | |
| — | Andra Maixa | BI-4 | 132 | EGBE | 268,11 | 597,00 | |
| — | Aralar ko Mikel Deuna | BI-4 | 134 | EDPO | 286,11 | 596,00 | |
| — | Areasa Dos | GI-4 | 1904 | EAGC | 205,00 | 800,00 | |
| — | Aranondo | BI-4 | 61 | EFPW | 230,81 | 800,00 | |
| — | Arretxinagako Mikel Deuna | BI-4 | 133 | EGBQ | 286,11 | 590,00 | |
| — | Artabide | BI-4 | 98 | EFFC | 231,56 | 800,00 | |
| — | Asmor | SS-2 | 1787 | EEZQ | 251,29 | 800,00 | |
| — | Asunción Rivero | VI-5 | 8544 | EEIC | 225,00 | 580,00 | |
| — | Ategorrieta | SS-2 | 1780 | EEVY | 188,00 | 600,00 | |
| — | Atxaspi | GI-4 | 2015 | EHCX | 270,00 | 1 140,00 | |
| — | Babieca | VI-5 | 8724 | EFPJ | 158,00 | 500,00 | |
| — | Bare | SS-1 | 2280 | EDZV | 278,00 | 1 200,00 | |
| — | Barreras Masso | VI-5 | 8060 | EDAK | 321,00 | 950,00 | |
| — | Ben Amado | FE-2 | 2829 | EGOV | 264,00 | 800,00 | |
| — | Bens | CO-2 | 2897 | EEFN | 243,00 | 800,00 | |
| — | Bizarro | FE-1 | 1800 | EFGW | 213,00 | 800,00 | |
| — | Bogavante | CO-2 | 3495 | EGEV | 249,00 | 1 200,00 | |
| — | Borreiro | VI-5 | 9112 | EFXE | 170,70 | 500,00 | |
| — | Burgoa Mendi | SS-2 | 1835 | EHYP | 203,00 | 680,00 | |
| — | Calo Berria | SS-1 | 2306 | EGTO | 244,00 | 1 200,00 | |
| — | Candida Vieira | VI-5 | 7757 | EBTH | 221,80 | 472,00 | |
| — | Capitán Chimista | GI-4 | 1512 | EDHI | 174,00 | 580,00 | |
| — | Capredi Dos | GI-4 | 1899 | EGCK | 288,00 | 1 100,00 | |
| — | Carrulo | VI-5 | 8185 | EDIO | 227,90 | 650,00 | |
| — | Chemaypa | SS-1 | 2249 | EEVQ | 291,80 | 1 200,00 | |
| — | Chimbote | CO-2 | 3205 | EECW | 187,00 | 810,00 | |
| — | Chirimoya | CO-2 | 3619 | EGTS | 250,00 | 980,00 | |
| — | Cibeles | GI-4 | 2023 | EHKD | 204,00 | 800,00 | |
| — | Cielo y Mar | GI-4 | 1839 | EFVG | 213,00 | 600,00 | |
| — | Ciudad de la Coruña | GI-4 | 1602 | EDWC | 248,00 | 660,00 | |
| — | Ciudad Sonrisa | CO-2 | 3562 | EGJS | 230,00 | 980,00 | |
| — | Combaroya | VI-5 | 8782 | EACL | 174,00 | 400,00 | |
| — | Concepción Pino | VI-5 | 9212 | EFGM | 207,00 | 800,00 | |
| — | Corrubedo | VI-5 | 8292 | EDMM | 289,00 | 1 220,00 | |
| — | Costa de California | GI-4 | 1481 | EBYK | 310,00 | 590,00 | |
| — | Costa de Irlanda | GI-4 | 1468 | EAUP | 226,00 | 743,00 | |
| — | Coto Redondo | CO-2 | 3636 | EDSI | 225,00 | 520,00 | |
| — | Cova de Balea | VI-5 | 9524 | EGRG | 164,50 | 600,00 | |
| — | Cristo de la Victoria | VI-5 | 8674 | EFLG | 170,70 | 400,00 | |
| — | Cruz Cuarto | GI-4 | 1883 | EEYP | 285,00 | 1 190,00 | |
| — | Cruz Sexto | GI-4 | 1819 | EFBA | 274,00 | 1 190,00 | |
| — | Dani | ST-4 | 2457 | EEGS | 330,00 | 1 194,00 | |
| — | Donostiarra | ST-4 | 2487 | EAFF | 250,00 | 1 200,00 | |
| — | Eduardo Pondal | GI-4 | 1824 | EFDZ | 241,00 | 1 000,00 | |
| — | Elife Tres | GI-4 | 2029 | EHJG | 232,00 | 1 200,00 | |
| — | Eliseo Quintanero | CO-2 | 3315 | EFZO | 255,00 | 840,00 | |
| — | Endai | BI-4 | 128 | EFGL | 233,45 | 686,00 | |
| — | Ensenada de Pintens | GI-4 | 2033 | EHJL | 174,20 | 1 200,00 | |
| — | Esperanza Novo | GI-4 | 1847 | EFWE | 250,00 | 1 000,00 | |
| — | Faro de Sillero | VI-5 | 8899 | EHZD | 164,20 | 490,00 | |
| — | Farpesca | VI-5 | 8702 | EFMO | 185,90 | 490,00 | |
| — | Farpesca Tercero | VI-5 | 9118 | EFQT | 170,80 | 490,00 | |
| — | Francisco Ferrer | VI-5 | 8312 | EDMI | 205,00 | 600,00 | |
| — | Francisco y Begoña | BI-2 | 2480 | EFKD | 218,00 | 480,00 | |
| — | Fuente De | ST-4 | 2463 | EABM | 138,60 | 600,00 | |
| — | Galateca Dos | SS-1 | 2270 | EGJF | 303,00 | 1 198,00 | |
| — | Galaxia | GI-4 | 1782 | EFVR | 219,00 | 900,00 | |
| — | Galerna Dos | SS-1 | 2332 | EHFO | 222,59 | 397,00 | |
| — | Galerna Tres | SS-1 | 2335 | EHHL | 222,59 | 398,00 | |
| — | Galerna Uno | SS-1 | 2331 | EHEI | 222,59 | 394,00 | |
| — | Gandon Menduiña | VI-5 | 8695 | EFOR | 180,00 | 500,00 | |
| — | Garsa | VI-5 | 9247 | EGBL | 170,00 | 490,00 | |
| — | Garysa | VI-5 | 9370 | EEMP | 169,00 | 490,00 | |
| — | Goizalde Eder | BI-4 | 138 | EDQG | 259,40 | 1 000,00 | |
| — | Gorricho Primero | BI-3 | 2850 | EGHH | 298,00 | 1 200,00 | |
| — | Gorricho Segundo | BI-3 | 2851 | EGKK | 298,00 | 1 200,00 | |
| — | Hermanos Area | VI-5 | 9101 | EATZ | 171,00 | 490,00 | |
| — | Hermanos Rodriguez Novo | GI-4 | 1985 | EGZW | 231,00 | 1 000,00 | |
| — | Hermanos Solabarrieta | SS-3 | 1230 | EEBS | 297,00 | 800,00 | |
| — | Indiferente | CO-2 | 3516 | EGHF | 183,00 | 800,00 | |
| — | Inés de Castro | VI-5 | 8819 | EHZZ | 227,00 | 725,00 | |
| — | Isla de Santa | CO-2 | 3194 | EDHO | 217,00 | 1 000,00 | |
| — | Itxas Ondo | BI-4 | 109 | EFWX | 254,86 | 1 200,00 | |
| — | Jaqueton | VI-5 | 8127 | EDCT | 300,00 | 700,00 | |
| — | Jerusalén Argitasuna | BI-2 | 2596 | EFJC | 272,95 | 900,00 | |
| — | José Antonio y Manuel | VI-5 | 9216 | EFZT | 150,00 | 490,00 | |
| — | José Cesareo | VI-5 | 8630 | EEXY | 184,98 | 460,00 | |
| — | Juana de Castro | VI-5 | 9182 | EFYR | 218,00 | 900,00 | |
| — | Lagunak | SS-1 | 2294 | EGTN | 280,00 | 1 195,00 | |
| — | Lanfon | SS-1 | 2251 | EFYL | 271,00 | 1 200,00 | |
| — | Larandagoitia | BI-2 | 2636 | EFZR | 239,80 | 900,00 | |
| — | Laredo | VI-5 | 8689 | EFMA | 182,00 | 400,00 | |
| — | Larrauri Hermanos | BI-4 | 79 | EFEM | 241,67 | 800,00 | |
| — | Lazcano | SS-1 | 2288 | EGRK | 311,00 | 795,00 | |
| — | Legorpe | BI-4 | 164 | EGXS | 295,94 | 1 200,00 | |
| — | Leizare | BI-4 | 116 | EFGX | 245,79 | 690,00 | |
| — | Lembranza | CO-2 | 3585 | EGLM | 192,00 | 980,00 | |
| — | Lince | CA-3 | 880 | EDPU | 202,22 | 250,00 | |
| — | Lus Boreal | BI-4 | 62 | EFPU | 230,20 | 597,00 | |
| — | Madariaga | SS-2 | 1672 | EATS | 187,65 | 400,00 | |
| — | Manuel Pérez Pan | VI-5 | 8616 | EETM | 196,00 | 500,00 | |
| — | Manuel Plana | VI-5 | 8639 | EEYY | 249,00 | 580,00 | |
| — | Mañufe | VI-5 | 8747 | EFRR | 148,71 | 400,00 | |
| — | Mar Cuatro | FE-4 | 2182 | EDBM | 207,22 | 800,00 | |
| — | Mar de África | VI-5 | 8140 | EDDP | 345,53 | 1 000,00 | |
| — | Mar de Los Sargazos | VI-5 | 8141 | EDDS | 345,53 | 1 000,00 | |
| — | Mar de Mares | GI-4 | 1850 | EBVS | 212,00 | 800,00 | |
| — | Mar Menor | VI-5 | 7635 | EAYW | 237,39 | 800,00 | |
| — | Mari Conchi | GI-4 | 1827 | EFFU | 210,00 | 600,00 | |
| — | María Lusia Carral | CO-2 | 3540 | EFEX | 223,00 | 1 000,00 | |
| — | Maribel | GI-4 | 1832 | EFFW | 210,00 | 600,00 | |
| — | Marosa | CO-2 | 3254 | EECJ | 281,00 | 730,00 | |
| — | Mayi Cinco | CO-2 | 3712 | EAKL | 294,00 | 900,00 | |
| — | Medusa | VI-5 | 9084 | EEQG | 217,00 | 800,00 | |
| — | Mercedes Vieira | VI-5 | 7756 | EBTG | 221,32 | 472,00 | |
| — | Mero | VI-5 | 7843 | EBWV | 196,94 | 196,00 | |
| — | Mikel | SS-1 | 2268 | EGGU | 278,00 | 597,00 | |
| — | Molares Alonso | VI-5 | 8288 | EDJT | 235,00 | 800,00 | |
| — | Monte Alen | SS-1 | 2289 | EGMY | 265,00 | 1 200,00 | |
| — | Monte Carrandi | BI-4 | 13 | EEHM | 145,18 | 191,00 | |
| — | Monte Maigmo | VI-5 | 8436 | EAJM | 215,00 | 575,00 | |
| — | Monte San Adrián | CO-2 | 3678 | EHAO | 246,00 | 900,00 | |
| — | Monte San Alberto | VI-5 | 8444 | EDWG | 269,00 | 1 000,00 | |
| — | Monteveo | CO-2 | 2839 | EDLI | 208,00 | 560,00 | |
| — | Moraime | CO-2 | 3597 | EGUC | 154,00 | 700,00 | |
| — | Morriña | VI-5 | 9352 | EAGR | 170,77 | 660,00 | |
| — | Morruncho | VI-5 | 8973 | EHYR | 177,00 | 490,00 | |
| — | Naldamar Ocho | GI-4 | 1844 | EFXU | 192,00 | 500,00 | |
| — | Nautica | BI-2 | 2651 | EGCR | 289,34 | 900,00 | |
| — | Nuestra Señora de los Remedios | BI-4 | 16 | EEJJ | 145,18 | 196,00 | |
| — | Nuestra Señora de Ziarotza | VI-5 | 8506 | EEDY | 237,02 | 590,00 | |
| — | Nuevo Area Gil | VI-5 | 9345 | EDMR | 170,00 | 600,00 | |
| — | Nuevo Capero | CO-2 | 3617 | EDRQ | 215,00 | 430,00 | |
| — | Nuevo Jesús de Belén | BI-4 | 83 | EALJ | 152,30 | 420,00 | |
| — | Nuevo Jundina | VI-5 | 8826 | EFUI | 168,00 | 585,00 | |
| — | Nuevo Luz de Gascuña | BI-4 | 82 | EHZF | 202,02 | 480,00 | |
| — | Nuevo Luz del Cantábrico | BI-4 | 81 | ECAH | 202,03 | 480,00 | |
| — | Nuevo Maite | ST-4 | 2485 | EGHC | 136,43 | 500,00 | |
| — | Nuevo Niño de Belén | BI-4 | 76 | EADA | 152,30 | 420,00 | |
| — | Nuevo Virgen de la Pastora | SS-1 | 2292 | EGTH | 310,00 | 1 200,00 | |
| — | Nuevo Virgen del Coro | SS-1 | 2293 | EGSW | 310,77 | 1 200,00 | |
| — | Olabarriá | SS-1 | 2192 | EEXJ | 289,00 | 1 200,00 | |
| — | Oleaje | SS-1 | 2046 | EDPR | 200,05 | 320,00 | |
| — | Oleiros | VI-5 | 9413 | EAMU | 266,00 | 1 200,00 | |
| — | Olerama | VI-5 | 8686 | EFLK | 198,35 | 600,00 | |
| — | Orlamar | CO-2 | 3590 | EGMG | 249,00 | 1 200,00 | |
| — | Ormaza | SS-2 | 1882 | EGFT | 291,57 | 1 100,00 | |
| — | Osado | FE-1 | 1803 | EFZX | 213,00 | 800,00 | |
| — | Pakea Lurrean | CO-2 | 3700 | EAND | 192,00 | 600,00 | |
| — | Pargo | VI-5 | 8101 | EDBC | 196,94 | 195,00 | |
| — | Pattiuka | GI-4 | 1735 | EFQA | 175,00 | 800,00 | |
| — | Peixemar | GI-4 | 1848 | EAQL | 253,00 | 950,00 | |
| — | Pepe Barreiro | VI-5 | 9718 | EEGW | 259,00 | 700,00 | |
| — | Pescamar | GI-4 | 1808 | EDJG | 253,00 | 950,00 | |
| — | Pesmar | GI-4 | 1759 | EFTH | 253,00 | 950,00 | |
| — | Pintens | VI-5 | 9164 | EARG | 164,00 | 600,00 | |
| — | Pio Baroja | SS-2 | 1829 | EAAD | 202,69 | 595,00 | |
| — | Playa de Aldán | VI-5 | 9055 | EDFX | 164,00 | 490,00 | |
| — | Playa de Benquerencia | GI-4 | 1845 | EEYB | 234,00 | 750,00 | |
| — | Playa de Loira | GI-4 | 1704 | EEZP | 199,73 | 500,00 | |
| — | Puenteareas | VI-5 | 8758 | EAAV | 245,82 | 590,00 | |
| — | Punta de Purrustarri | SS-1 | 2160 | EFUH | 256,00 | 1 000,00 | |
| — | Punta Torrepía | SS-1 | 2161 | EADJ | 256,00 | 1 000,00 | |
| — | Purita | VI-5 | 8447 | EAQU | 204,00 | 430,00 | |
| — | Ramón | GI-4 | 1815 | EEQI | 246,66 | 1 200,00 | |
| — | Recare | VI-5 | 9129 | EFWO | 170,77 | 490,00 | |
| — | Regil | SS-2 | 1665 | EDIA | 187,65 | 400,00 | |
| — | Revellin | CU-1 | 1571 | EDUW | 241,00 | 660,00 | |
| — | Ría de Aldán | VI-5 | 9098 | EDMH | 164,95 | 490,00 | |
| — | Ría de Marín | FE-4 | 2162 | EDDI | 251,00 | 810,00 | |
| — | Ría del Burgo | CO-2 | 3237 | EDVC | 259,00 | 900,00 | |
| — | Río Oitaven | VI-5 | 9770 | EAHK | 206,97 | 600,00 | |
| — | Rompeaolas | SS-1 | 1964 | EBZN | 228,05 | 447,00 | |
| — | San Antonino | VI-5 | 8632 | EEYD | 184,98 | 400,00 | |
| — | San Éduardo | BI-4 | 103 | EFFB | 249,11 | 690,00 | |
| — | Saturan Zar | BI-4 | 110 | EAZP | 236,89 | 690,00 | |
| — | Saudade | VI-5 | 9152 | EAGY | 171,77 | 600,00 | |
| — | Segundo Río Sil | GI-4 | 1813 | EDBX | 167,00 | 750,00 | |
| — | Siempre Quintanero | VI-5 | 8715 | EFSE | 299,00 | 800,00 | |
| — | Sierra Ancares | CO-2 | 3541 | EFZN | 248,00 | 1 100,00 | |
| — | Siete Villas | SS-1 | 2186 | EGBN | 233,18 | 800,00 | |
| — | Solabarrieta Anayak | BI-4 | 126 | EGBR | 239,80 | 900,00 | |
| — | Soneiro | CO-2 | 2892 | EEHF | 198,00 | 600,00 | |
| — | Toki Alay | BI-4 | 115 | EAGX | 260,47 | 1 200,00 | |
| — | Toki Argia | BI-4 | 168 | EHGM | 310,47 | 1 200,00 | |
| — | Txori Erreka | SS-3 | 1373 | EGUO | 287,92 | 1 200,00 | |
| — | Urarte | SS-2 | 1626 | EDEQ | 187,65 | 400,00 | |
| — | Urdiain | VI-5 | 7198 | EEYO | 288,00 | 900,00 | |
| — | Urgain-Bat | BI-2 | 2685 | EGOG | 220,00 | 600,00 | |
| — | Uricen Uno | SS-1 | 2322 | EGWZ | 226,52 | 750,00 | |
| — | Urre-Txindorra | SS-1 | 2291 | EGOW | 280,00 | 1 195,00 | |
| — | Valle de Achondo | BI-3 | 2796 | EEJG | 288,00 | 1 193,00 | |
| — | Valle de Arratia | BI-3 | 2717 | EFNC | 254,00 | 1 060,00 | |
| — | Ventisca | SS-1 | 1966 | EBZI | 228,05 | 413,00 | |
| — | Vera Cruz Segundo | SS-1 | 2333 | EHDL | 235,00 | 1 137,00 | |
| — | Versalles Primero | SS-1 | 2295 | EGOD | 242,75 | 589,00 | |
| — | Versalles Segundo | SS-1 | 2313 | EGPO | 242,75 | 581,00 | |
| — | Vilarino | VI-5 | 8611 | EESQ | 131,00 | 290,00 | |
| — | Villardevos | GI-4 | 1783 | EFVS | 219,00 | 900,00 | |
| — | Virgen de la Roca | SS-2 | 2324 | EGUT | 248,00 | 1 200,00 | |
| — | Virgen de Pastoriza | MA-4 | 2836 | EAEP | 149,00 | 600,00 | |
| 2. | LONGLINERS (99) | |
| — | Adviento | CO-2 | 3544 | EDVN | 212,00 | 800,00 | |
| — | Akilla Mendi | BI-4 | 144 | EEYF | 230,00 | 700,00 | |
| — | Aligote | VI-5 | 7842 | EBWW | 200,24 | 352,00 | |
| — | Almike | SS-2 | 1770 | EETT | 204,00 | 800,00 | |
| — | Ama Lur | BI-4 | 196 | EFZG | 203,01 | 700,00 | |
| — | Arbelaitz | BI-4 | 113 | EFXZ | 236,89 | 690,00 | |
| — | Azcárate Berria | BI-4 | 117 | EAFO | 227,00 | 600,00 | |
| — | Breogan | CO-2 | 2881 | EDYJ | 158,00 | 200,00 | |
| — | Brisas Pisuetinas | GI-4 | 1763 | EB-2779 | 103,42 | 280,00 | |
| — | Centauro | FE-1 | 1811 | EGCQ | 177,00 | 600,00 | |
| — | Charolais | ST-4 | 2516 | EHAT | 174,60 | 700,00 | |
| — | Chirleu | GI-4 | 1878 | EFCG | 209,00 | 750,00 | |
| — | Costa Clara | GI-4 | 1678 | EEIJ | 262,00 | 770,00 | |
| — | Demikuko Ama | BI-2 | 2609 | EFZI | 154,40 | 600,00 | |
| — | Dolores Cadrecha | GI-4 | 1981 | EHBI | 245,00 | 800,00 | |
| — | Donas | VI-5 | 8726 | EFQC | 148,00 | 400,00 | |
| — | Elife | GI-4 | 1770 | EFUZ | 191,00 | 600,00 | |
| — | Ensenada de Portu Chiqui | BI-4 | 6 | EDZS | 194,00 | 700,00 | |
| — | Ereka | SS-2 | 1886 | EGFK | 209,00 | 900,00 | |
| — | Ermita de San Roque | GI-4 | 1944 | EGRD | 194,00 | 800,00 | |
| — | Euskal Berria | SS-1 | 2253 | EGDP | 256,00 | 1 200,00 | |
| — | Franper | HU-3 | 1217 | EAZQ | 164,00 | 425,00 | |
| — | Galateca | GI-4 | 1874 | EBYP | 212,00 | 750,00 | |
| — | Genita de Conderribon | GI-4 | 2021 | EHGI | 216,00 | 1 000,00 | |
| — | Goitia | GI-4 | 2018 | EHJD | 486,00 | 1 500,00 | |
| — | Goizalde Argia | BI-4 | 167 | EGWQ | 234,10 | 1 000,00 | |
| — | Gomistegui | SS-1 | 2212 | EFWN | 205,00 | 500,00 | |
| — | Gran Marinela | BI-4 | 56 | EFLX | 168,00 | 450,00 | |
| — | Hermanos Arias | ST-4 | 2460 | EGDB | 218,00 | 1 000,00 | |
| — | Hermanos Fernández Pino | VI-5 | 8887 | EHZR | 213,60 | 600,00 | |
| — | Hermanos García | ST-4 | 2381 | EFMV | 153,00 | 570,00 | |
| — | Horizonte Claro | SS-1 | 2327 | EHAN | 239,00 | 1 180,00 | |
| — | Idurre | SS-3 | 1266 | EEUF | 153,43 | 565,00 | |
| — | Illumbe | SS-1 | 2233 | EBYZ | 205,00 | 500,00 | |
| — | Ituarte | SS-2 | 1818 | EFSF | 177,00 | 700,00 | |
| — | Itxas Oratz | BI-4 | 121 | EFZC | 223,00 | 900,00 | |
| — | Jerusalén Argia | BI-2 | 2509 | EFTD | 251,29 | 680,00 | |
| — | José Domingo | VI-5 | 8579 | EERX | 151,00 | 460,00 | |
| — | José Luisa y Mari | GI-4 | 1950 | EGRX | 223,50 | 1 000,00 | |
| — | Juan Manuel Souto | CO-2 | 3451 | EFCW | 134,79 | 510,00 | |
| — | Las Nieves | VI-5 | 7202 | EGDN | 220,00 | 550,00 | |
| — | Laura y María | FE-3 | 1855 | EHEE | 207,16 | 800,00 | |
| — | Llave del Mar | FE-2 | 2854 | EHOU | 199,00 | 750,00 | |
| — | Madre de Cristo | FE-1 | 1850 | EDZH | 166,70 | 430,00 | |
| — | Madre Querida | GI-4 | 1984 | EHDV | 199,00 | 700,00 | |
| — | Manuel Herrerías | ST-2 | 1400 | EHOQ | 148,01 | 675,00 | |
| — | Manuko Ama | SS-1 | 2226 | EBWA | 234,00 | 800,00 | |
| — | Marcelo | CO-2 | 3744 | EGSU | 137,70 | 700,00 | |
| — | Mareton | SS-1 | 1965 | EBZH | 228,05 | 580,00 | |
| — | Marinela | BI-4 | 124 | EGAO | 159,70 | 850,00 | |
| — | Mariscador | FE-2 | 2806 | EEFM | 176,00 | 860,00 | |
| — | Martimuno Segundo | SS-1 | 2257 | EGFA | 255,82 | 668,00 | |
| — | Miya | SS-3 | 1287 | EFJR | 231,00 | 550,00 | |
| — | Monte Alleru | SS-1 | 2256 | EELK | 278,00 | 1 200,00 | |
| — | Monte Castelo | SS-1 | 2271 | EGIU | 236,00 | 800,00 | |
| — | Naldamar Seis | CO-2 | 3745 | EFEV | 172,00 | 620,00 | |
| — | Nemesia Santos | GI-4 | 1796 | EAXL | 332,00 | 600,00 | |
| — | Nico Primero | FE-2 | 2853 | EAHU | 128,58 | 540,00 | |
| — | Novodi Segundo | VI-5 | 8716 | EFSD | 299,00 | 800,00 | |
| — | Nuestra Señora de Covadonga | BI-4 | 12 | EEEW | 145,18 | 400,00 | |
| — | Nuevo Ebenecer | GI-4 | 1838 | EFKE | 187,00 | 660,00 | |
| — | Nuevo Playa de Cillero | FE-2 | 2825 | EEWO | 167,00 | 850,00 | |
| — | Nuevo Tontorramendi | BI-4 | 136 | EDDA | 268,00 | 900,00 | |
| — | Ormalomar | SS-1 | 2323 | EGVP | 246,56 | 800,00 | |
| — | Pardo | GI-4 | 1963 | EGWD | 202,00 | 700,00 | |
| — | Pellizar | SS-1 | 2266 | EGIN | 249,00 | 750,00 | |
| — | Peña Blanca | SS-1 | 2234 | EENS | 207,00 | 650,00 | |
| — | Peña de Burela | FE-2 | 2824 | EGNF | 213,00 | 1 000,00 | |
| — | Peña Verde | SS-1 | 2319 | EGSL | 227,36 | 665,00 | |
| — | Pepe Revuelta | ST-4 | 2469 | EGJX | 142,80 | 640,00 | |
| — | Pérez Vacas | FE-1 | 1848 | EHID | 190,40 | 700,00 | |
| — | Pilar Roca | FE-2 | 2828 | EGBT | 264,20 | 1 000,00 | |
| — | Pino Montero | FE-2 | 2850 | EHMK | 185,00 | 600,00 | |
| — | Plai Ederra | BI-4 | 131 | EGBD | 250,00 | 800,00 | |
| — | Playa de Laga | BI-2 | 2671 | EGFX | 197,34 | 750,00 | |
| — | Playa de Matalenas | ST-4 | 2433 | EFYF | 149,00 | 800,00 | |
| — | Playa de Samil | BI-2 | 2693 | EGSD | 197,20 | 850,00 | |
| — | Portillo la Sia | ST-4 | 2511 | EGZA | 175,00 | 700,00 | |
| — | Promontorio | ST-4 | 2317 | EEHI | 156,00 | 480,00 | |
| — | San Salvador de Guetaria | SS-2 | 1653 | EDHL | 184,23 | 400,00 | |
| — | Santillana de la Cabeza | ST-4 | 2519 | EHDM | 174,58 | 250,00 | |
| — | Seneivo Primero | SS-1 | 2325 | EGZT | 226,22 | 900,00 | |
| — | Sersermendi Barri | BI-4 | 148 | EGFW | 260,61 | 772,00 | |
| — | Siempre Ecce Homo | FE-2 | 2843 | EHAV | 171,00 | 600,00 | |
| — | Sueiras | FE-2 | 2817 | EGKM | 264,20 | 840,00 | |
| — | Sukari | BI-2 | 2608 | EFZH | 154,46 | 600,00 | |
| — | Terin | GI-8 | 1235 | EAAW | 115,16 | 430,00 | |
| — | Tojal | FE-1 | 1873 | EHTE | 180,00 | 700,00 | |
| — | Touro | FE-1 | 1852 | EFFO | 226,00 | 600,00 | |
| — | Txanka | BI-2 | 2552 | EFFS | 220,00 | 800,00 | |
| — | Uranondo | BI-4 | 112 | EFWI | 225,16 | 597,00 | |
| — | Urgain-Bi | BI-2 | 2686 | EGOH | 220,00 | 600,00 | |
| — | Valle de Fraga | ST-4 | 2551 | EAGN | 199,60 | 850,00 | |
| — | Veracruz | GI-4 | 1767 | EFTR | 162,00 | 600,00 | |
| — | Vianto Segundo | ST-4 | 2466 | EGEQ | 125,21 | 500,00 | |
| — | Villa de Sargadelos | FE-2 | 2950 | EGSV | 137,00 | 750,00 | |
| — | Virgen Amada | SS-2 | 1659 | EDMD | 194,00 | 900,00 | |
| — | Virgen de la Barquera | ST-4 | 2392 | EAFB | 135,00 | 500,00 | |
| — | Zorionak | BI-2 | 2504 | EFPR | 251,00 | 680,00 | |
| ANNEX X | |
| List provided for in Article 158 (3) of the Act of Accession | |
| Name of vessel | External identification | Call sign | Gross registered tonnage | Engine horsepower | |
| 1. | TRAWLERS (22) | |
| — | Adarra | VI-5 | 8337 | EDOB | 232,64 | 399,00 | |
| — | Antonio San Pedro Segundo | CO-6 | 2161 | EBWX | 188,00 | 1 200,00 | |
| — | Arrospe | SS-2 | 1398 | EGOC | 151,00 | 360,00 | |
| — | Bidebieta | SS-2 | 1531 | EAEO | 253,18 | 398,00 | |
| — | Cabo Higuer | SS-2 | 1668 | EDPG | 189,00 | 400,00 | |
| — | Capitán Jorge | GI-4 | 1608 | EDVD | 178,00 | 550,00 | |
| — | Cruz de San Marcial | VI-5 | 8333 | EDNY | 208,00 | 390,00 | |
| — | Goierri | GI-4 | 1897 | EGCB | 268,40 | 1 000,00 | |
| — | Gure Ametsa | SS-1 | 2198 | EABR | 383,00 | 1 200,00 | |
| — | Herrera | SS-2 | 1532 | EAEW | 253,18 | 393,00 | |
| — | Ipparalde | BI-4 | 64 | EFNT | 157,90 | 350,00 | |
| — | Ipartza | BI-4 | 63 | EFNU | 157,90 | 350,00 | |
| — | Lasa | SS-2 | 1745 | EEOI | 296,38 | 1 200,00 | |
| — | María Consuelo | SS-2 | 1454 | EBRJ | 155,64 | 420,00 | |
| — | Narrica | VI-5 | 8345 | EDOR | 232,64 | 396,00 | |
| — | Nuestra Senora de Bitarte | ST-4 | 2252 | EDKT | 178,00 | 800,00 | |
| — | Nuevo Machichaco | SS-2 | 1769 | EEQM | 192,00 | 450,00 | |
| — | Palmira | CO-2 | 3638 | EHJM | 250,00 | 1 170,00 | |
| — | Quince de Mayo | CO-2 | 3603 | EGPC | 249,00 | 1 170,00 | |
| — | Rosa Madre | GI-4 | 1957 | EGUJ | 248,00 | 1 170,00 | |
| — | Uli | SS-2 | 1397 | EGOI | 151,00 | 360,00 | |
| — | Urnieta | VI-5 | 8261 | EDJE | 295,97 | 666,00 | |
| 2. | LONGLINERS (11) | |
| — | Costa de Oro | GI-4 | 1933 | EGHJ | 159,35 | 565,00 | |
| — | Favonio | CO-2 | 2833 | EDSO | 244,00 | 700,00 | |
| — | Manuel Echeverría | BI-1 | 2657 | EBWH | 159,10 | 400,00 | |
| — | Manuel Marino | GI-4 | 1998 | EAFZ | 114,00 | 430,00 | |
| — | Monte Udalaitz | SS-2 | 1456 | EFHW | 222,23 | 900,00 | |
| — | Noche de Paz | BI-2 | 2422 | EEJI | 122,00 | 330,00 | |
| — | Norte Sur | CO-2 | 3564 | EELP | 229,53 | 800,00 | |
| — | Playa Cedeira | GI-3 | 2024 | EHIS | 174,82 | 600,00 | |
| — | Playa de Brela | FE-2 | 2832 | EEOQ | 179,00 | 700,00 | |
| — | Sedal | CO-2 | 3743 | EEEN | 223,28 | 800,00 | |
| — | Virgen de la Franqueira | SS-2 | 1673 | EDEM | 185,50 | 450,00 | |
| ANNEX XI | |
| Technical procedures referred to in Article 163 (3) of the Act of Accession | |
| (a) | A communications system on the entry into and departure from each of the ICES divisions referred to in Article 158 (1), and vessel movements within those divisions, to the competent supervisory authorities for each of the divisions concerned. | |
| (b) | A communications system for catches to the Commission by radio-telex on the entry into and departure from the divisions referred to in Article 158 (1) and at least every seven days for the vessels referred to in Article 158 and sardine vessels, longliners and vessels fishing for anchovy, without prejudice to the application of Regulations (EEC) No 2057/82 and (EEC) No 2807/83. | |
| ANNEX XII | |
| List provided for in Article 168 (4) of the Act of Accession | |
| Spanish undertaking | Name of vessel | Gross registered | (tonnage) | |
| SOUTH AFRICA | |
| Pescanova SA | Harvest Planet | 494 | |
| Harvest Aries | 1 359 | |
| Harvest Hercules | 1 600 | |
| Harvest Colombus | 820 | |
| ARGENTINA | |
| Santodomingo e Hijos SA | Api II | 1 570 | |
| Api III | 1 200 | |
| Api IV | 1 570 | |
| Viernes Santo | 280 | |
| Sábado Santo | 280 | |
| Antártida | 1 180 | |
| Pesquera Vasco Gallega SA | Urquil | 1 338 | |
| Pesqueros de Altura SA | Usurbil | 1 338 | |
| Conservación de alimentos SA | Corcubion | 929 | |
| Congeladores Atlantico Sur SA | Ila | 1 276 | |
| Joluma | 454 | |
| Pescatlántica SA | Ribera Gallega | 1 360 | |
| Armad. Pros. Asoc. Suratlántico SA | Arcos | 2 306 | |
| Aracena | 2 306 | |
| Ribera Vasca | 2 227 | |
| Alvamar SA | Alvamar I | 1 272 | |
| Alvamar II | 1 990 | |
| Alvamar III | 276 | |
| Álvarez Entrena SA | Conarpesa I | 860 | |
| Conarpesa II | 860 | |
| Conarpesa III | 270 | |
| Capital Guiachimo | 279 | |
| Conarpesa V | 270 | |
| Moric SA | Caaveiro | 2 327 | |
| Pesqueras Reunidas SA | Pesuarsa II | 1 517 | |
| Casa Ciriza SA | Marcelina de Ciriza | 2 625 | |
| Virgen de la Estrella | 1 078 | |
| Pescanova SA | Mataco | 2 431 | |
| Promociones Pesqueras SA | Lapataia | 1 073 | |
| Uchi | 700 | |
| Pesquerías españolas de bacalao SA | Santa Eugenia | 1 606 | |
| Santa Rita | 1 300 | |
| AUSTRALIA | |
| Pescanova SA | Newfish I | 136 | |
| Newfish II | 136 | |
| CHILE | |
| Pesquerías industrial gallega SA | Álamo | 667 | |
| Salvador Barreras Masso | Barreras Masso II | 1 284 | |
| Cenal SA | Miño | 2 715 | |
| Pescanova SA | Betanzos | 1 534 | |
| ECUADOR | |
| Conservas Garavilla SA | Isabel II | 823 | |
| Isabel IV | 823 | |
| EQUATORIAL GUINEA | |
| Diego Grimaldi SA | Bioko | 357 | |
| Elobey | 174 | |
| Corisco | 194 | |
| IRELAND | |
| Pescanova SA | Dunboy | 266 | |
| Dursey | 266 | |
| Dinish | 266 | |
| La Marea | 168 | |
| Castletown | 364 | |
| Pesquerías Alonso SA | Villamanin | 269 | |
| Alonso Vega | 248 | |
| Hijos de Ángel Ojeda SA | Monte Marín | 231 | |
| SA Pescacruña | El Orzán | 210 | |
| MOROCCO | |
| Pesquerías Gaditanas de Gran Altura SA | Farah II | 239 | |
| Karima | 239 | |
| Agasa SA | Tisli | 299 | |
| Tildi | 218 | |
| Sid Tijani | 239 | |
| El Aunate | 493 | |
| Frigoríficos Santa Pola SA | Zineb | 270 | |
| Pesquera Covadonga SA | Berrechid I | 263 | |
| Berrechid IV | 257 | |
| Pesqueras Arnoya SA | Ernabice | 182 | |
| Mendiola | 181 | |
| Pastain | 181 | |
| Arnoya 1 | 271 | |
| Pesquerías de Barbate SA | Antar | 250 | |
| Pescaven Dos SA | Diana Rosal | 286 | |
| Almudena Rosal | 286 | |
| Multimar SA | Agadir 1 | 162 | |
| Agadir 2 | 162 | |
| Agadir 3 | 162 | |
| Agadir 4 | 162 | |
| Agadir 5 | 162 | |
| Agadir 6 | 162 | |
| Agadir 7 | 162 | |
| Agadir 8 | 162 | |
| Agadir 9 | 162 | |
| Agadir 10 | 162 | |
| Agadir 11 | 151 | |
| Agadir 12 | 151 | |
| Agadir 13 | 151 | |
| Agadir 14 | 151 | |
| Petit-Sol SA | Reda I | 248 | |
| Tarpon SA | Reda III | 280 | |
| Pescatlantica SA | Reda IV | 205 | |
| Pesquerías del Sureste SA | Larache | 266 | |
| Emegesa SA | Reda II | 274 | |
| Marítima del Berbes SA | Mounia | 227 | |
| Leila | 279 | |
| Marítima del Miño SA | Oufouk | 227 | |
| Maruxia SA | Nassim | 279 | |
| Pesquera Landa SA | Jawhara | 227 | |
| Gestión y Pesca | Malak | 138 | |
| Malika | 254 | |
| Pesquera Casal SA | Safi | 266 | |
| Pescafer SA | Bahia | 245 | |
| Reyte SA | Virginia | 181 | |
| Pesquerías Gaditanas Gran Altura SA | Fadela | 239 | |
| Albirpez SA | Asilah | 284 | |
| Loukos | 276 | |
| Juan Fernández Arevalo | Tarfaya | 181 | |
| Medhia | 181 | |
| Martil | 181 | |
| MAURITANIA | |
| Puerta Oviedo SA | Mahapu I | 249 | |
| Mahapu II | 220 | |
| Mahapu III | 284 | |
| Mahapu IV | 293 | |
| SA Eduardo Vieira | Magasa I | 285 | |
| Surpesca SA | Ouadane II | 295 | |
| Ouadane III | 295 | |
| Pescanova SA | Mahanova II | 350 | |
| Mahanova IV | 292 | |
| Mahanova V | 472 | |
| Mosqui | 494 | |
| MEXICO | |
| Pesquerías españolas de bacalao SA y SA Pesquera industrial gall | Pescamex I | 666 | |
| Pescamex II | 666 | |
| SA Pesquera industrial gallega | Alpes | 747 | |
| Cía. Atlántica pesca altura SA | Avior | 765 | |
| SA Posquera industrial gallega | Nuevo Mundo | 667 | |
| Pesquerías españolas de bacalao | Santa Matilda | 1 360 | |
| Santa Paula | 1 360 | |
| Arriscado | 1 480 | |
| Esguio | 1 480 | |
| MOZAMBIQUE | |
| Pescanova SA | Oca | 291 | |
| Oya | 291 | |
| Oza | 291 | |
| Fontao | 291 | |
| Sistallo | 291 | |
| Lemos | 523 | |
| Andrade | 523 | |
| Pambre | 523 | |
| Sobroso | 582 | |
| Soutomayor | 582 | |
| Crisfer | 251 | |
| Río Saiñas | 251 | |
| NAMIBIA | |
| Pescanova SA | Noguerosa | 741 | |
| PERU | |
| Pesquerías Españolas de bacalao SA | Brincador | 1 330 | |
| Cernello | 1 330 | |
| UNITED KINGDOM | |
| Mariscos del Cantábrico SA | Lady Crab | 31 | |
| Cantidubi | 43 | |
| Pesqueras Usoa SA | Invention | 186 | |
| Pesquerías Bens SA | María Victoria Moyano | 243 | |
| Machet SA | Grey Gate | 217 | |
| Blue Gate | 240 | |
| Interpesco SA | Trueiro | 285 | |
| Abrente | 225 | |
| Itxaso | 205 | |
| UNITED KINGDOM | |
| Ondar Eder SA | Eder Sands | 270 | |
| Jose Luis Couceiro | Gaztelutarrak | 188 | |
| Tarkis Pesquera SA | Saladina | 233 | |
| Pesquera Laurak Bat SA | Slebech | 277 | |
| Slebech Two | 188 | |
| Slebech Three | 277 | |
| Milford Star | 202 | |
| Pesquera Nimar SA | Willing boy | 210 | |
| Mar SA | Casual | 207 | |
| José González Lestao | José Dolores | 213 | |
| Miguel Piñeiro Nogueira | Pescalanza | 181 | |
| José San Martín e Hijos CB | Boga | 228 | |
| Domingo Fernández Vila | Playa de Coroso | 219 | |
| Mani Lisa | 243 | |
| Pablo Ordóñez Soto | Robrisa | 254 | |
| Fomento Pesquero del Noroeste SA | Santa Susana | 243 | |
| Fomento de la Pesca SA | Sasoeta | 249 | |
| Marbasa SA | Greenland | 200 | |
| Ondarruman | 200 | |
| Pesquera Intxorta SA | Itxas | 355 | |
| Pesquera Zaldupe SA | Talay Mendi | 233 | |
| Eloy García Santiago | Arrichu | 256 | |
| Salvador Aguirregomezcorta y Cía. | Mountain Peak | 210 | |
| Pesqueras Arrain SA | White Sands | 206 | |
| Explotaciones pesqueras SA | Miquelon Express | 418 | |
| Belarmino Fdez. Cabodevilla | Sibon | 204 | |
| Fremar SA | Akarlanda | 264 | |
| Estornino | 322 | |
| Noratlántica de pesca SA | Salmedina | 302 | |
| Terceiro Rio Sil | 216 | |
| Juan Fermín Santos Fernandez | Magallanes | 272 | |
| Manuel Fernández Fdez. y Otros | Lephreeto | 206 | |
| Prego y Echeverría SA | Juan Mari | 257 | |
| Jositan | 294 | |
| José Ferradas Comedeiro | Jomar | 247 | |
| Pesquera Mugardesa SA | Mari-Geni | 340 | |
| Pascual Alabau Navarro | Ciudad de Valverde | 253 | |
| Juan R. Parada Castineira | Ntra. Sra. de Gardotza | 198 | |
| Pesquera Antxine SA | Ama Antxine | 279 | |
| Kuko SA | Kuko | 251 | |
| SENEGAL | |
| Martín Vázquez SA | Fayda | 271 | |
| Andando | 269 | |
| Lawtan | 288 | |
| Nettali | 288 | |
| Ribarosa IV | 270 | |
| Álvarez Entrena SA | Senemar I | 249 | |
| Senemar II | 272 | |
| Senemar III | 272 | |
| Senemar IV | 299 | |
| Senemar V | 290 | |
| URUGUAY | |
| Pescanova SA | Río Solís | 350 | |
| Pesquerías españolas de bacalao SA | Santa Marina | 1 306 | |
| Santa Elisa | 1 280 | |
| ANNEX XIII | |
| List of products provided for in Article 174 of the Act of Accession | |
| CCT heading No | Description | |
| 03.01 | Fish, fresh (live or dead), chilled or frozen: | B. | Salt water fish: | I. | Whole, headless or in pieces: | h) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | 1. | Fresh or chilled | t) | Hake (Merluccius spp.): | 1. | Fresh or chilled | — | Hake (Merluccius merluccius) | ex u) | Blue whiting (Micromesistius poutassou or Gadus poutassou): | — | Fresh or chilled | ex v) | Other: | — | Of horse mackerel (Trachurus trachurus), fresh or chilled | II. | Fillets: | ex a) | Fresh or chilled: | — | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | |
| 03.02 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: | A. | Dried, salted or in brine: | I. | Whole, headless or in pieces: | ex b) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac): | — | Not dried, salted or in brine | |
| 03.03 | Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | A. | Crustaceans: | III. | Crabs and freshwater crayfish: | ex b) | Other: | — | Spinous spider crab (Maia squinado) fresh (live) | B. | Molluscs: | IV. | Other: | b) | Other: | ex 2. | Other: | — | Venus clams (Venus gallina) fresh or chilled | |
| ANNEX XIV | |
| List of products provided for in Article 176 of the Act of Accession | |
| CCT heading No | Description | |
| 03.01 | Fish, fresh (live or dead), chilled or frozen: | B. | Saltwater fish: | I. | Whole, headless or in pieces: | h) | Cod (Gadus morhua, Boreogadus saida, Gadus Ogac): | 1. | Fresh or chilled | p) | Anchovies (Engraulis spp.): | 1. | Fresh or chilled | t) | Hake (Merluccius spp.): | 1. | Fresh or chilled | 2. | Frozen | u) | Blue whiting (Micromesistius poutassou or Gadus poutassou) | ex v) | Other: | — | Horse mackerel (Trachurus trachurus), fresh or chilled | II. | Fillets | ex a) | Fresh or chilled: | — | Of Cod (Gadus morhua, Boreogadus saida, Gadus Ogac) | b) | Frozen: | 9. | Of hake (Merluccius spp.) | |
| 03.02 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: | A. | Dried, salted or in brine: | I. | Whole, headless or in pieces: | ex b) | Cod (Gadus morhua, Boreogadus saida, Gadus Ogac): | — | Not dried, salted or in brine | |
| 03.03 | Crustaceans or molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | A. | Crustaceans: | III. | Crabs and freshwater crayfish: | ex b) | Other: | — | Spinous spider crab (Maia squinado), fresh (live) | B. | Molluscs: | IV. | Other: | b) | Other: | ex 2. | Other: | — | Venus clam (Venus gallina), fresh or chilled | |
| ANNEX XV | |
| List provided for in Article 177 (3) of the Act of Accession | |
| (a) TEMPORARY DEROGATIONS FROM REGULATION (EEC) NO 288/82 | |
| CCT heading No | Description | Global quota | (1986) | |
| 25.03 | Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur | 19 309 tonnes | |
| 29.03 | Sulphonated, nitrated or nitrosated derivatives of hydrocarbons: | B. | Nitrated and nitrosated derivatives: | ex I. | Trinitrotoluenes and dinitronaphthalenes: | — | Trinitrotoluenes | 33 tonnes | |
| 35.05 | Dextrins and dextrin glues; soluble or roasted starches; starch glues | 4 tonnes | |
| 36.01 | Propellent powders | 2 tonnes | |
| 36.02 | Prepared explosives, other than propellent powders | 1 500 tonnes | |
| ex 36.04 | Safety fuses; detonating fuses; percussion and detonating caps; igniters; detonators: | — | Excluding electrical detonators | 4 tonnes | |
| 36.05 | Pyrotechnic articles (for example, fireworks, railway fog signals, amorces, rain rockets) | 9,3 tonnes | |
| 36.06 | Matches (excluding Bengal matches) | 1 050 million units | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | I. | Polyethylene: | ex b) | In other forms: | — | Waste and scrap | ex II. | Polytetrahaloethylenes: | — | Waste and scrap | ex III. | Polysulphohaloethylenes | — | Waste and scrap | ex IV. | Polypropylene: | — | Waste and scrap | ex V. | Polyisobutylene: | — | Waste and scrap | VI. | Polystyrene and copolymers of styrene: | ex b) | In other forms: | — | Waste and scrap | VII. | Polyvinyl chloride | ex VIII. | Polyvinylidene chloride: copolymers of vinylidene chloride with vinyl chloride: | — | Waste and scrap | ex IX. | Polyvinyl acetate: | — | Waste and scrap | ex X. | Copolymers of vinyl chloride with vinyl acetate: | — | Waste and scrap | ex XI. | Polyvinyl alcohols, acetals and ethers: | — | Waste and scrap | ex XII. | Acrylic polymers, methacrylic polymers and acrylomethacrylic copolymers: | — | Waste and scrap | ex XIII. | Coumarone resins, indene resins and coumarone-indene resins: | — | Waste and scrap | XIV. | Other polymerisation or copolymerisation products | ex b) | in other forms: | — | Waste and scrap | 1 042 tonnes | |
| 39.07 | Articles and materials of the kinds described in heading Nos 39.01 to 39.06: | B. | Other: | I. | Of regenerated cellulose | III. | Of hardened proteins | V. | Of other materials: | a) | Spools, reels and similar supports for photographic and cinematographic film or for tapes, films and the like falling within heading No 92.12 | c) | Corset busks and similar supports for articles of apparel or clothing accessories | ex d) | Other: | — | Excluding airtight clothing affording protection against radiation or radioactive contamination, not combined with breathing appliances (including gas masks and similar respirators) | 2 025 244 ECU | |
| 42.02 | Travel goods (for example, trunks, suitcases, hat boxes, travelling bags, rucksacks), shopping-bags, handbags, satchels, briefcases, wallets, purses, toilet cases, tool cases, tobacco pouches, sheaths, cases, boxes (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar containers, of leather or of composition leather, of vulcanized fibre, of artificial plastic sheeting, of paperboard or of textile fabric | 331 tonnes | |
| 66.03 | Parts, fittings, trimmings and accessories of articles falling within heading No 66.01 or 66.02: | B. | Frames, including frames mounted on shafts (sticks) | 30,6 tonnes | |
| 69.14 | Other articles | 7,3 tonnes | |
| 71.12 | Articles of jewellery and parts thereof, of precious metal or rolled precious metal | 5 329 591 ECU | |
| 71.15 | Articles consisting of, or incorporating, pearls, precious or semi-precious stones (natural, synthetic or reconstructed) | 5 862 550 ECU | |
| 71.16 | Imitation jewellery | 1 687 704 ECU | |
| 73.32 | Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, screws (including screw hooks and screw rings), rivets, cotters, cotterpins and similar articles, of iron or steel; washers (including spring washers) of iron or steel: | 205 tonnes | |
| 73.38 | Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: | B. | Other | 239 tonnes | |
| 82.02 | Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades) | 99 tonnes | |
| 82.03 | Hand tools, the following: pliers (including cutting pliers), pincers, tweezers, tinmen's snips, bolt croppers and the like; perforating punches; pipe cutters; spanners and wrenches (but not including tap wrenches); files and rasps | 98 tonnes | |
| 82.04 | Hand tools, including glaziers' diamonds, not falling within any other heading of this Chapter; blow lamps, anvils; vices and clamps, other than accessories for, and parts of, machine tools; portable forges; grinding wheels with frameworks (hand or pedal operated) | 143 tonnes | |
| 82.05 | Interchangeable tools, for hand tools, for machine tools or for power-operated hand tools (for example, for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire drawing, extrusion dies for metal, and rock drilling bits, with a working part of: | ex A. | Base metal: | — | Excluding: | — | Rock drilling and earth boring tools | — | Drills of high speed steel for metal working | — | Punches and dies | — | Drills, milling cutters and heads other than for metal working | 51 tonnes | |
| 82.09 | Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within heading No 82.06, and blades therefor: | B. | Knife blades | 1 tonne | |
| ex 85.02 | Electro-magnets; permanent magnets and articles of special materials for permanent magnets, being blanks of such magnets; electro-magnetic and permanent magnet chucks, clamps, vices and similar work holders; electro-magnetic clutches and couplings; electro-magnetic brakes; electro-magnetic lifting heads: | — | Permanent magnets and articles of special materials for permanent magnets, being blanks of such magnets | 173 tonnes | |
| 85.14 | Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers: | ex B. | Other | — | Loudspeakers, amplifiers and parts | 18 014 016 ECU | |
| 85.18 | Electrical capacitors, fixed or variable | 240 tonnes | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits, (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switch-boards (other than telephone switch-boards) and control panels | 953 tonnes | |
| 85.21 | Thermionic, cold cathode and photo-cathode valves and tubes (including vapour or gas filled valves and tubes, cathode-ray tubes, television camera tubes and mercury arc rectifying valves and tubes); photocells; mounted piezo-electric crystals; diodes transistors and similar semi-conductor devices; light emitting diodes; electronic micro-circuits: | B. | Photocells, including photo-transistors | 46 tonnes | |
| 89.01 | Ships, boats and other vessels not falling within any of the following headings of this Chapter: | B. | Other: | II. | Other: | ex a) | Weighing 100 kg or less each: | — | Excluding pleasure craft and sports craft | ex b) | Other: | — | Excluding pleasure craft and sports craft | 26 647 963 ECU | |
| 89.02 | Vessels specially designed for towing (tugs) or pushing other vessels: | B. | Pusher craft | | |
| 89.03 | Light-vessels, fire-floats, dredgers of all kinds, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms | | |
| 90.01 | Lenses, prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked; sheets or plates, of polarising material | 1 225 806 ECU | |
| 90.04 | Spectacles, pince-nez, lorgnettes, goggles and the like, corrective, protective or other | 808 321 ECU | |
| 92.11 | Gramophones, dictating machines and other sound recorders or reproducers, including record-players and tape decks, with or without sound-heads; television image and sound recorders or reproducers: | A. | Sound recorders or reproducers: | ex I. | Sound recorders: | — | Tape recorders for recording only | II. | Sound reproducers: | III. | Combined sound recorders and reproducers | B. | Television image and sound recorders or reproducers | 88 826 512 ECU | |
| 92.13 | Other parts and accessories of apparatus falling within heading No 92.11 | | |
| 93.01 | Side-arms (for example, swords, cutlasses and bayonets) and parts thereof and scabbards and sheaths therefor | 2 tonnes | |
| 93.02 | Revolvers and pistols, being firearms | 1 600 units | |
| 93.04 | Other firearms, including Very pistols, pistols and revolvers for firing blank ammunition only, line-throwing guns and the like | 8 000 units | |
| 93.05 | Arms of other descriptions, including air, spring and similar pistols, rifles and guns | 12 tonnes | |
| 93.06 | Parts of arms, including gun barrel blanks, but not including parts of sidearms | 1,5 tonnes | |
| 93.07 | Bombs, grenades, torpedoes, mines, guided weapons and missiles and similar munitions of war, and parts thereof; ammunition and parts thereof, including cartridge wads; lead shot prepared for ammunition | 126 tonnes | |
| 97.02 | Dolls | 355 306 ECU | |
| (b) TEMPORARY DEROGATIONS FROM REGULATION (EEC) No 288/82 WITH REGARD TO JAPAN | |
| (Supplementary list to that appearing in Part (a) of this Annex) | |
| CCT heading No | Description | Global quota | (1986) | |
| 48.07 | Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter within Chapter 49), in rolls or sheets: | ex D. | Other: | — | Self copy paper | 150 tonnes | |
| ex 48.13 | Carbon and other copying papers (including duplicator stencils) and transfer papers, cut to size, whether or not put up in boxes: | — | Excluding duplicator stencils and carbon and similar copying papers | 25 tonnes | |
| ex 68.06 | Natural or artificial abrasive powder or grain, on a base of woven fabric, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up: | — | On a base of woven fabric only | 3 tonnes | |
| 70.13 | Glassware (other than articles falling in heading No 70.19) of a kind commonly used for table, kitchen, toilet or office purposes, for indoor decoration, or for similar uses | 176 tonnes | |
| 73.02 | Ferro-alloys: | B. | Ferro-aluminium, ferro-silico-aluminium and ferro-silico-mangano-aluminium | C. | Ferro-silicon | D. | Ferro-silico-manganese | E. | Ferro-chromium and ferro-silico-chromium | ex G. | Other: | — | Ferro-vanadium | 780 tonnes | |
| 73.07 | Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel; pieces roughly shaped by forging, of iron or steel: | A. | Blooms and billets: | II. | Forged | B. | Slabs and sheet bars (including tinplate bars): | II. | Forged | 765 tonnes | |
| 73.12 | Hoop and strip, of iron or steel, hot-rolled or cold-rolled: | B. | Not further worked than cold-rolled: | II. | Other | C. | Clad, coated or otherwise surface-treated: | I. | Silvered, gilded or platinum-plated | II. | Enamelled | III. | Tinned: | b) | Other | IV. | Zinc-coated or lead-coated | V. | Other (for example, copper-plated, artificially oxidized, lacquered, nickel-plated, varnished, clad, parkerized, printed): | a) | Not further worked than clad: | 2. | Cold-rolled | b) | Other | D. | Otherwise shaped or worked (for example, perforated, chamfered, lap-jointed) | 830 tonnes | |
| 73.13 | Sheets and plates, of iron or steel, hot-rolled or cold-rolled: | B. | Other sheets and plates: | IV. | Clad, coated or otherwise surface-treated: | a) | Silvered, gilded, platinum-plated or enamelled | V. | Otherwise shaped or worked: | a) | Cut into shapes or worked: | 1. | Silvered, gilded, platinum-plated or enamelled | b) | Other, excluding sheets and plates shaped by rolling | 52 tonnes | |
| 73.14 | Iron or steel wire, whether or not coated, but not insulated | 1 250 tonnes | |
| 73.18 | Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high-pressure hydro-electric conduits: | ex A. | Tubes and pipes, with attached fittings, suitable for conducting gases or liquids, for use in civil aircraft: | — | Straight and of uniform wall-thickness, other than those falling in subheading B I, of alloy steel containing by weight not less than 0,90 % but not more than 1,15 % of carbon, not less than 0,50 % but not more than 2 % of chromium and not more than 0,50 % of molybdenum (1) | — | Seamless or welded tubes, of circular cross-section, more than 406,4 mm in external diameter (1) | — | Seamless or welded tubes, of circular cross-section, not more than 406,4 mm in external diameter: | — | High-pressure petroleum and gas line pipes (1) | — | Tubes fitted with sockets or flanges (1) | B. | Other: | I. | Straight and of uniform wall-thickness, unworked, seamless, of circular cross-section, solely for the manufacture of tubes and pipes with other cross-sections and wall-thicknesses | II. | Straight and of uniform wall-thickness, other than those falling in subheading B I, of a maximum length of 4,50 m, of alloy steel containing by weight not less than 0,90 % but not more than 1,15 % of carbon, not less than 0,50 % but not more than 2 % of chromium and not more than 0,50 % of molybdenum | ex III. | Other: | — | Tubes having the characteristics of subheading B II, but of a length greater than 4,50 m | — | Electric conduit tubes | — | Seamless or welded tubes, of circular cross-section, more than 406,4 mm in external diameter | — | Seamless or welded tubes, of circular cross-section, not more than 406,4 mm in external diameter: | — | High-pressure petroleum and gas line pipes | — | Tubes fitted with sockets or flanges | 2 622 tonnes | |
| 73.25 | Stranded wire, cables, cordage, ropes, plaited bands, slings and the like, of iron or steel wire, but excluding insulated electric cables | 25 tonnes | |
| 74.07 | Tubes and pipes and blanks therefor, of copper; hollow bars of copper | 709 tonnes | |
| 82.05 | Interchangeable tools for hand tools, for machine tools or for power-operated hand tools (for example, for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire drawing, extrusion dies for metal, and rock drilling bits with a working part of: | ex A. | Base metal: | — | Rock drilling and earth boring tools | — | Metal-working tools: | — | Drills of high speed steel | — | Punches and dies | — | Other tools: | — | Drills | — | Milling cutters and heads | B. | Metal carbides | C. | Diamond or agglomerated diamond | D. | Other materials | 60 tonnes | |
| 82.06 | Knives and cutting blades, for machines or for mechanical appliances | 90 tonnes | |
| 82.07 | Tool-tips and plates, sticks and the like for tool-tips, unmounted, of sintered metal carbides (for example, carbides of tungsten, molybdenum or vanadium) | 5 tonnes | |
| 82.08 | Coffee-mills, mincers, juice-extractors and other mechanical appliances, of a weight not exceeding 10 kg and of a kind used for domestic purposes in the preparation, serving or conditioning of food or drink | 5 tonnes | |
| 82.11 | Razors and razor blades (including razor blade blanks, whether or not in strips) | 4 tonnes | |
| ex 82.13 | Other articles of cutlery (for example, secateurs, hair clippers, butchers' cleavers, paper knives); manicure and chiropody sets and appliances (including nail files): | — | Excluding hair clippers, hand operated; manicure and chiropody sets and appliances | 22 tonnes | |
| 82.15 | Handles of base metal for articles falling within heading No 82.09, 82.13 or 82.14 | 1 tonne | |
| 83.01 | Locks and padlocks (key, combination or electrically operated), and parts thereof, of base metal; frames incorporating locks, for handbags, trunks or the like, and parts of such frames, of base metal; keys for any of the foregoing articles, of base metal | 6 tonnes | |
| ex 84.24 | Agricultural and horticultural machinery for soil preparation or cultivation (for example, ploughs, harrows, cultivators, seed and fertiliser distributors); lawn and sports ground rollers: | — | Excluding ploughs, scarifiers, cultivators, harrows, drills, planters, transplanters and fertilizer distributors and manure spreaders and parts | 136 tonnes | |
| ex 84.25 | Harvesting and threshing machinery; straw and fodder presses; hay or grass mowers; winnowing and similar cleaning machines for seed, grain or leguminous vegetables and egg-grading and other grading machines for agricultural produce (other than those of a kind used in the bread grain milling industry falling within heading No 84.29): | — | Mowers for lawns, parks or sports grounds | 102 tonnes | |
| 84.45 | Machine-tools for working metal or metal carbides, not being machines falling within heading No 84.49 or 84.50: | B. | Machine-tools operating by electro-erosion or other electrical processes; ultrasonic machine-tools: | I. | Automated by coded information | C. | Other machine-tools: | I. | Lathes: | a) | Automated by coded information | II. | Boring machines: | a) | Automated by coded information | III. | Planning machines: | a) | Automated by coded information | IV. | Shaping machines, sawing machines and cutting-off machines, broaching machines and slotting machines: | a) | Automated by coded information | V. | Milling machines and drilling machines: | a) | Automated by coded information | VI. | Sharpening, trimming, grinding, honing and lapping, polishing or finishing machines and similar machines operating by means of grinding wheels, abrasives or polishing products: | a) | Fitted with a micrometric adjusting system within the meaning of Additional Note 2 to this Chapter | VII. | Jig boring machines: | a) | Automated by coded information | VIII. | Gear-cutting machines: | a) | For cutting cylindrical gears: | 1. | Automated by coded information | b) | For cutting other gears: | 1. | Automated by coded information | IX. | Presses, other than those falling within subheadings 84.45 C X and C XI: | a) | Automated by coded information | X. | Bending, folding, flattening, shearing, punching and notching machines: | a) | Automated by coded information | XI. | Forging machines and stamping machines: | a) | Automated by coded information | 183 tonnes | |
| 84.51 | Typewriters, other than typewriters incorporating calculating mechanisms; cheque-writing machines: | ex A. | Typewriters: | — | Automatic typewriters, controlled by data media | — | Portable electric typewriters | — | Other than electric | 182 tonnes | |
| 84.52 | Calculating machines; accounting machines, cash registers, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device | ex B. | Other: | — | Calculating machines | — | Accounting machines | — | Cash registers incorporating a printing device other than electronic | 3 tonnes | |
| 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus: | A. | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras: | I. | Transmitters: | a) | Radiotelegraphic and radiotelephonic apparatus, for use in civil aircraft (1) | II. | Transmitter-receivers: | a) | Radiotelegraphic and radiotelephonic apparatus, for use in civil aircraft (1) | III. | Receivers, whether or not incorporating sound recorders or reproducers: | b) | Other: | ex 2. | Other: | — | Radiotelegraphic and radiotelephonic receivers | B. | Other apparatus | C. | Parts: | II. | Other: | a) | Cabinets and cases | ex c) | Other: | — | Telescopic and whip-type aerials for portable apparatus other than for apparatus for fitting in motor vehicles (2) | 99 tonnes | |
| 85.20 | Electric filament lamps and electric discharge lamps (including infra-red and ultra-violet lamps); arc lamps | 43 tonnes | |
| 85.22 | Electrical appliances and apparatus, having individual functions, not falling within any other heading of this Chapter: | C. | Other: | II. | Other appliances and apparatus | III. | Parts | 98 tonnes | |
| 87.07 | Works trucks, mechanically propelled, of the types used in factories, warehouses, dock areas or airports for short distance transport or handling of goods (for example, platform trucks, fork-lift trucks and straddle carriers); tractors of the type used on railway station platforms; parts of the foregoing vehicles | 1 201 tonnes | |
| ex 87.09 | Motor-cycles, auto-cycles and cycles fitted with an auxiliary motor, with or without side-cars; side-cars of all kinds: | — | Motor-cycles, with or without side-cars, powered by internal combustion engines, of a cylinder capacity of more than 380 cm3 | — | Side-cars for motor cycles and auto-cycles and cycles of all kinds | 528 tonnes | |
| 87.12 | Parts and accessories of articles falling within heading No 87.09, 87.10 or 87.11: | B. | Other | 18 tonnes | |
| 89.05 | Floating structures other than vessels (for example, coffer-dams, landing stages, buoys and beacons | 8 tonnes | |
| 90.02 | Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked | 34 tonnes | |
| ex 90.03 | Frames and mountings and parts thereof, for spectacles, pince-nez, lorgnettes, goggles and the like: | — | Frames and mounting, of base metal, even of rolled precious metal | 1 tonne | |
| ex 90.17 | Medical, dental, surgical and veterinary instruments and appliances (including electromedical apparatus and ophthalmic instruments): | — | Needles, cannulae and catheters | 48 tonnes | |
| 98.02 | Slide fasteners and parts thereof | 57 tonnes | |
| 98.03 | Fountain pens, stylograph pens and pencils (including ball point pens and pencils) and other pens, pen-holders, pencil-holders and similar holders, propelling pencils and sliding pencils; parts and fittings thereof, other than those falling within heading No 98.04 or 98.05: | ex A. | Fountain pens and stylograph pens: | — | Ball point pens and pencils excluding those with liquid ink (rolling ball pens), with replaceable refill or with body or cap of precious metal or rolled precious metal | — | Felt tipped and fibre tipped pens and pencils | 34 tonnes | |
| (c) TEMPORARY DEROGATIONS FROM REGULATIONS (EEC) NO 1765/82, NO 1766/82 AND NO 3419/83, AS AMENDED BY REGULATION (EEC) NO 453/84 | |
| CCT heading No | Description | Global quota | (1986) | |
| 25.03 | Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur | 3 218 tonnes | |
| ex 28.08 | Sulphuric acid; oleum: | — | Sulphuric acid | 1 000 tonnes | |
| 28.38 | Sulphates (including alums) and persulphates: | A. | Sulphates (excluding alums): | ex II. | Of potassium; of copper: | — | Of copper | 26 tonnes | |
| 28.42 | Carbonates and percarbonates; commercial ammonium carbonate containing ammonium carbamate: | A. | Carbonates: | II. | Of sodium | 1 876 tonnes | |
| 29.03 | Sulphonated, nitrated or nitrosated derivatives of hydrocarbons: | B. | Nitrated and nitrosated derivatives: | ex I. | Trinitrotoluenes and dinitronaphthalenes | — | Trinitrotoluenes | 500 tonnes | |
| 29.15 | Polycarboxylic acids and their anhydrides, halides, peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives: | A. | Acyclic polycarboxylic acids: | I. | Oxalic acid and its salts and esters | 30 tonnes | |
| 29.16 | Carboxylic acids with alcohol, phenol, aldehyde or ketone function and other single or complex oxygen-function carboxylic acids and their anhydrides, halides, peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives: | A. | Carboxylic acids with alcohol function: | IV. | Citric acid and its salts and esters: | b) | Other | 100 tonnes | |
| 29.23 | Single or complex oxygen-function amino-compounds: | D. | Amino-acids: | III. | Glutamic acid and its salts | 15 tonnes | |
| ex 29.30 | Compounds with other nitrogen-functions: | — | Toluene-dioxycyanate | 75 tonnes | |
| 29.31 | Organo-sulphur compounds: | ex B. | Other: | — | Diethyldithiocarbonate of zinc | 57 tonnes | |
| 29.35 | Heterocyclic compounds; nucleic acids: | ex Q. | Other: | — | Caprolactam | 600 tonnes | |
| 31.03 | Mineral or chemical fertilizers, phosphatic: | A. | Mentioned in Note 2 (A) to this Chapter: | I. | Superphosphates | ex II. | Other: | — | Excluding basic slag | B. | Mentioned in Note 2 (B) or (C) to this Chapter | 1 000 tonnes | |
| 31.04 | Mineral or chemical fertilizers, potassic: | A. | Mentioned in Note 3 (A) to this Chapter | 3 000 tonnes | |
| 35.05 | Dextrins and dextrin glues; soluble or roasted starches; starch glues | 1 tonne | |
| 38.11 | Disinfectants, insecticides, fungicides, rat poisons, herbicides, antisprouting products, plant-growth regulators and similar products, put up in forms or packings for sale by retail or as preparations or articles (for example, sulphur-treated bands, wicks and candles, fly-papers): | D. | Other | 222 tonnes | |
| 39.01 | Condensation, polycondensation and polyaddition products, whether or not modified or polymerized, and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones): | C. | Other: | II. | Aminoplasts: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding urea resins and other aminoplasts prepared for moulding or extruding | 160 tonnes | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | XIV. | Other polymerization or copolymerization products: | ex b) | In other forms: | — | Waste and scrap | 10 tonnes | |
| 39.07 | Articles and materials of the kinds described in heading Nos 39.01 to 39.06: | B. | Other: | I. | Of regenerated cellulose | III. | Of hardened proteins | V. | Of other materials: | a) | Spools, reels and similar supports for photographic and cinematographic film or for tapes, films and the like falling within heading No 92.12 | c) | Corset busks and similar supports for articles of apparel or clothing accessories | ex d) | Other: | — | Excluding airtight clothing affording protection against radiation or radioactive contamination, not combined with breathing appliances (including gas masks and similar respirators) | 337 541 ECU | |
| 42.02 | Travel goods (for example, trunks, suit-cases, hat-boxes, travelling-bags, rucksacks), shopping-bags, handbags, satchels, brief-cases, wallets, purses, toilet-cases, tool-cases, tobacco-pouches, sheaths, cases, boxes (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar containers, of leather or of composition leather, of vulcanised fibre, of artificial plastic sheeting, of paperboard or of textile fabric | 34 tonnes | |
| 42.03 | Articles of apparel and clothing accessories, of leather or of composition leather: | A. | Articles of apparel | C. | Other clothing accessories | 1 tonne | |
| 43.03 | Articles of furskin: | B. | Other | 2 tonnes | |
| 44.24 | Household utensils of wood | 13 tonnes | |
| 44.28 | Other articles of wood: | D. | Other: | ex II. | Other: | — | Coat hangers and other articles of wood | 27 tonnes | |
| ex 46.03 | Basketwork, wickerwork and other articles of plaiting materials, made directly to shape; articles made up from goods falling within heading No 46.02; articles of loofah: | — | Basketwork | 1 126 tonnes | |
| 59.02 | Felt and articles of felt, whether or not impregnated or coated: | ex A. | Felt in the piece or simply cut to rectangular shape: | — | Felt not impregnated or coated, for uses other than floor covering: | — | Needle-loom felt of jute or other textile bast fibres of heading No 57.03 | — | Other felt of coarse animal hair | 2 tonnes | |
| 66.03 | Parts, fittings, trimmings and accessories of articles falling within heading No 66.01 or 66.02: | B. | Frames, including frames mounted on shafts (sticks) | 5,1 tonnes | |
| 55.04 (1) | Cotton, carded or combed | 4 tonnes | |
| 56.06 (1) | Yarn of man-made fibres (discontinuous or waste), put up for retail sale | | |
| 59.02 (1) | Felt and articles of felt, whether or not impregnated or coated: | ex A. | Felt in the piece or simply cut to rectangular shape for uses other than floor coverings: | — | Felt, not impregnated or coated: | — | Needle-loom felt of jute or other textile bast fibres of heading No 57.03 | — | Other felt of textile materials other than coarse animal hair | — | Felt, impregnated or coated | B. | Other | | |
| 59.03 (1) | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated | | |
| 59.11 (1) | Rubberized textile fabrics, other than rubberized knitted or crocheted goods: | A. | Rubberized textile fabrics not comprised in B below: | I. | Adhesive strips, of a width not exceeding 10 cm, the coating of which consists of unvulcanized natural or synthetic rubber | II. | Fabrics combined with expanded foam or sponge rubber | III. | Other: | b) | Other | B. | Fabrics mentioned in Note 3 (b) to this Chapter | | |
| 69.14 | Other articles | 1,2 tonnes | |
| 70.17 | Laboratory, hygienic and pharmaceutical glassware, whether or not graduated or calibrated; glass ampoules: | ex A. | Laboratory, hygienic and pharmaceutical glassware: | — | Laboratory glassware | 105 tonnes | |
| 70.20 | Glass fibre (including wool), yarns, fabrics, and articles made therefrom: | B. | Textile fibre, yarns, fabrics, and articles made therefrom | 236 tonnes | |
| 71.12 | Articles of jewellery and parts thereof, of precious metal or rolled precious metal | 888 265 ECU | |
| 71.15 | Articles consisting of, or incorporating, pearls, precious or semi-precious stones (natural, synthetic or reconstructed) | 159 888 ECU | |
| 71.16 | Imitation jewellery | 73 726 ECU | |
| 73.32 | Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, screws (including screw hooks and screw rings), rivets, cotters, cotterpins and similar articles, of iron or steel; washers (including spring washers) of iron or steel | 33 tonnes | |
| 73.38 | Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: | B. | Other | 169 tonnes | |
| 82.02 | Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades) | 10 tonnes | |
| 82.03 | Hand tools, the following: pliers (including cutting pliers), pincers, tweezers, tinmen's snips, bolt croppers and the like; perforating punches; pipe cutters; spanners and wrenches (but not including tap wrenches); files and rasps | 131 tonnes | |
| 82.04 | Hand tools, including glaziers' diamonds, not falling within any other heading of this Chapter; blow lamps, anvils; vices and clamps, other than accessories for, and parts of, machine tools; portable forges; grinding wheels with frameworks (hand or pedal operated) | 130 tonnes | |
| 82.05 | Interchangeable tools for hand tools, for machine tools or for power-operated hand tools (for example, for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire drawing, extrusion dies for metal, and rock drilling bits, with a working part of: | ex A. | Base metal: | — | Excluding: | — | Rock drilling and earth boring tools | — | Drills of high speed steel for metal working | — | Punches and dies | — | Drills, milling cutters and heads other than for metal working | 1,6 tonne | |
| 82.09 | Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within heading No 82.06, and blades therefor: | B. | Knife blades | 0,2 tonne | |
| 82.14 | Spoons, forks, fish-eaters, butter knives, ladles, and similar kitchen or tableware | 22 tonnes | |
| 84.11 | Air pumps, vacuum pumps and air or gas compressors (including motor and turbo pumps and compressors, and free-piston generators for gas turbines); fans, blowers and the like: | A. | Pumps and compressors: | II. | Other: | ex b) | Other pumps and compressors: | — | Compressors for refrigerating equipment | 4 tonnes | |
| 85.01 | Electrical goods of the following descriptions: generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors: | ex A. | The following goods, for use in civil aircraft: | — | Generators, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors | — | Electric motors of an output of not less than 0,75 kW but less than 150 kW: | — | Motors of an output of not less than 0,75 kW but less than 150 kW, excluding multi-phase motors | — | Generators | — | Rotary converters | B. | Other machines and apparatus: | I. | Generators, motors, (whether or not equipped with speed reducing, changing or step-up gear) and rotary converters: | a) | Synchronous motors of an output of not more than 18 watts | ex b) | Other: | — | Excluding multi-phase motors | 200 tonnes | |
| ex 85.02 | Electro-magnets; permanent magnets and articles of special materials for permanent magnets, being blanks of such magnets; electro-magnetic and permanent magnet chucks, clamps, vices and similar work holders; electro-magnetic clutches and couplings; electro-magnetic brakes; electro-magnetic lifting heads: | — | Permanent magnets and articles of special materials for permanent magnets, being blanks of such magnets | 28 tonnes | |
| 85.14 | Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers: | ex B. | Other: | — | Loudspeakers, amplifiers and parts | 71 061 ECU | |
| 85.18 | Electrical capacitors, fixed or variable | 24 tonnes | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arrestors, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switch-boards (other than telephone switch-boards) and control panels | 223 tonnes | |
| 85.20 | Electric filament lamps and electric discharge lamps (including infra-red and ultra-violet lamps); arc lamps: | A. | Filament lamps for lighting: | II. | Other | ex B. | Other lamps: | — | Discharge lamps, including dual lamps | 450 tonnes | |
| 85.21 | Thermionic, cold cathode and photo-cathode valves and tubes (including vapour or gas filled valves and tubes, cathode-ray tubes, television camera tubes and mercury arc rectifying valves and tubes); photocells; mounted piezo-electric crystals; diodes, transistors and similar semi-conductor devices; light emitting diodes; electronic micro-circuits: | B. | Photocells, including photo-transistors | 7 tonnes | |
| 87.07 | Works trucks, mechanically propelled, of the types used in factories, warehouses, dock areas or airports for short distance transport or handling of goods (for example, platform trucks, fork-lift trucks and straddle carriers); tractors of the type used on railway station platforms; parts of the foregoing vehicles: | B. | Straddle carriers | C. | Other trucks; tractors | D. | Parts | 608 tonnes | |
| ex 87.09 | Motor-cycles, auto-cycles and cycles fitted with an auxiliary motor, with or without side-cars; side-cars of all kinds: | — | Excluding motor cycles, auto-cycles and cycles with or without side-cars, powered by internal combustion engines | 1 tonne | |
| 89.01 | Ships, boats and other vessels not falling within any of the following headings of this Chapter: | B. | Other: | II. | Other | 4 441 330 ECU | |
| 89.02 | Vessels specially designed for towing (tugs) or pushing other vessels | | |
| 89.03 | Light-vessels, fire-floats, dredgers of all kinds, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms | | |
| 90.01 | Lenses, prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked; sheets or plates, of polarising material | 204 301 ECU | |
| 90.04 | Spectacles, pince-nez, lorgnettes, goggles and the like, corrective, protective or other | 133 240 ECU | |
| 92.11 | Gramophones, dictating machines and other sound recorders or reproducers, including record-players and tape decks, with or without sound-heads; television image and sound recorders or reproducers | 1 776 530 ECU | |
| 92.13 | Other parts and accessories of apparatus falling within heading No 92.11 | | |
| 93.01 | Side-arms (for example, swords, cutlasses and bayonets) and parts thereof and scabbards and sheaths therefor | 1 tonne | |
| 93.04 | Other firearms, including Very pistols, pistols and revolvers for firing blank ammunition only, line-throwing guns and the like | 1 300 units | |
| 93.05 | Arms of other descriptions, including air, spring and similar pistols, rifles and guns | 1 tonne | |
| 93.06 | Parts of arms, including gun barrel blanks, but not including parts of sidearms | 0,3 tonne | |
| 94.03 | Other furniture and parts thereof: | ex B. | Other: | — | Excluding furniture and parts thereof in wood | 13 tonnes | |
| 97.02 | Dolls | 26 648 ECU | |
| 98.02 | Slide fasteners and parts thereof | 1,3 tonne | |
| 98.05 | Pencils (other than pencils of heading No 98.03), pencil leads, slate pencils, crayons, and pastels, drawing charcoals and writing and drawing chalks; tailors' and billiards chalks: | A. | Pencils, pencil leads, slate pencils, crayons, pastels and drawing charcoals | 266 480 ECU | |
| (1) The quantitative restrictions will be abolished on the entry into force in Spain of the Agreement on trade in civil aircraft. | |
| (2) Subject to notification by Spain to GATT. | |
| (1) Products for which Spain may maintain, on a temporary basis, quantitative restrictions for its imports coming from State-trading countries which are not signatories to MFA agreements or MFA type agreements (GDR, USSR, Albania, Mongolia, Vietnam, North Korea). | |
| ANNEX XVI | |
| List provided for in Article 177 (5) of the Act of Accession | |
| (a) LIST OF BASIC QUOTAS FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS ON IMPORT INTO SPAIN WITH REGARD TO ALL THIRD COUNTRIES UNTIL 31 DECEMBER 1989 | |
| CCT heading No | Description | Global quotas for the countries to which Regulation (EEC) No 288/82 applies | (1986) | Global quotas for the State-trading countries referred to in Regulation (EEC) No 3420/83 | (1986) | |
| ex 58.01 | Carpets, carpeting and rugs, knotted (made up or not), other than hand-made | 60 tonnes | 3 tonnes | |
| 58.02 | Other carpets, carpeting, rugs, mats and matting, and ‘Kelem’, ‘Schumacks’ and ‘Karamanie’ rugs and the like (made up or not): | A. | Carpets, carpeting, rugs, mats and matting | 21 tonnes | 30 tonnes | |
| 84.41 | Sewing machines; furniture specially designed for sewing machines; sewing machine needles; | A. | Sewing machines; furniture specially designed for sewing machines: | I. | Sewing machines (lock-stitch only), with heads of a weight not exceeding 16 kg without motor or 17 kg including the motor; sewing machine heads (lock-stitch only), of a weight not exceeding 16 kg without motor or 17 kg including the motor: | a) | Sewing machines having a value (not including frames, tables or furniture) of more than 65 ECU each | b) | Other | 522 units | 10 units | |
| 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus; | A. | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras: | III. | Receivers, whether or not incorporating sound recorders or reproducers: | b) | Other: | ex 2. | Other: | — | Colour television receivers, the diagonal measurement of which is: | — | 42 cm or less | — | from more than 42 cm up to and including 52 cm | — | more than 52 cm | 2 706 units | 3 units | |
| 87.01 | Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys: | A. | Agricultural walking tractors, with either a spark ignition or a compression ignition engine | ex B. | Agricultural tractors (excluding walking tractors) and forestry tractors, wheeled: | — | With an engine of a cylinder capacity of 4 000 cm3 or less | 13 units | 448 units | |
| b) LIST OF BASIC QUOTAS FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS ON IMPORT INTO SPAIN WITH REGARD TO STATE-TRADING COUNTRIES UNTIL 31 DECEMBER 1991 | |
| CCT heading No | Description | Global quotas for the State-trading countries referred to in Regulation (EEC) No 3420/83 | (1986) | |
| 36.01 | Propellent powders | 8 tonnes | |
| 36.02 | Prepared explosives, other than propellent powders | 150 tonnes | |
| ex 36.04 | Safety fuses; detonating fuses; percussion and detonating caps; igniters; detonators; | — | Other than electrical detonators | 4 tonnes | |
| 36.05 | Pyrotechnic articles (for example, fireworks, railway fog signals, amories, rain rockets) | 169 tonnes | |
| 36.06 | Matches (excluding Bengal matches) | 10 million units | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | I. | Polyethylene: | ex b) | In other forms: | — | Waste and scrap | ex II. | Polytetrahaloethylenes: | — | Waste and scrap | ex III. | Polysulphohaloethylenes: | — | Waste and scrap | ex IV. | Polypropylene: | — | Waste and scrap | ex V. | Polyisobutlyne | — | Waste and scrap | VI. | Polystyrene and copolymers of styrene: | ex b) | In other forms: | — | Waste and scrap | VII. | Polyvinyl chloride: | ex b) | In other forms: | — | Waste and scrap | ex VIII. | Polyvinylidene chloride; copolymers of vinylidene chloride with vinyl chloride: | — | Waste and scrap | ex IX. | Polyvinyl acetate: | — | Waste and scrap | ex X. | Copolymers and vinyl chloride with vinyl acetate: | — | Waste and scrap | ex XI. | Polyvinyl alcohols, acetals and ethers: | — | Waste and scrap | ex XII. | Acrylic polymers, methacrylic polymers and acrylo-methacrylic copolymers: | — | Waste and scrap | ex XIII. | Coumarone resins, indene resins and coumarone-indene resins: | — | Waste and scrap | 25 tonnes | |
| 93.02 | Revolvers and pistols, being firearms: | 160 units | |
| 93.07 | Bombs, grenades, torpedoes, mines, guided weapons and missiles and similar munitions of war, and parts thereof; ammunition and parts thereof, including cartridge wads; lead shot prepared for ammunition | 26 tonnes | |
| ANNEX XVII | |
| List provided for in Article 178 of the Act of Accession | |
| CCT heading No | Description | |
| 28.10 | Phosphorus pentoxide and phosphoric acids (meta-, ortho- and pyro) | |
| 28.16 | Ammonia, anhydrous or in aqueous solution | |
| 29.01 | Hydrocarbons | |
| 29.02 | Halogenated derivatives of hydrocarbons | |
| 29.04 | Acyclic alcohols and their halogenated, sulphated, nitrated or nitrosated derivatives | |
| 31.02 | Mineral or chemical fertilizers, nitrogenous | |
| 31.05 | Other fertilizers; foods of the present Chapter in tablets, lozenges and similar prepared forms or in packings of a gross weight not exceeding 10 kg | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins) | |
| 39.07 | Articles of materials of the kinds described in headings Nos 39.01 to 39.06 | |
| 51.04 | Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02 | |
| 55.06 | Cotton yarn, put up for retail sale | |
| 55.09 | Other woven fabrics of cotton | |
| 56.05 | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale | |
| 56.07 | Woven fabrics of man-made fibres (discontinuous or waste) | |
| 58.01 | Carpets, carpeting and rugs, knotted (made up or not) | |
| 58.02 | Other carpets, carpeting, rugs, mats and matting, and ‘Kelim’, ‘Schumacks’ and ‘Karamanie’ rugs and the like (made up or not) | |
| 58.04 | Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05) | |
| 60.01 | Knitted or crocheted fabric, not elastic or rubberized | |
| 60.02 | Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized | |
| 60.03 | Stockings, under stockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, not elastic or rubberized | |
| 60.04 | Under garments, knitted or crocheted, not elastic or rubberized | |
| 60.05 | Outer garments and other articles, knitted or crocheted, not elastic or rubberized | |
| 61.01 | Men's and boys' outer garments | |
| 61.02 | Women's, girls' and infants' outer garments | |
| 61.03 | Men's and boys' under garments, including collars, shirt fronts and cuffs | |
| 62.01 | Travelling rugs and blankets | |
| 62.02 | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles | |
| 69.08 | Glazed setts, flags and paving, hearth and wall tiles | |
| 69.11 | Tableware and other articles of a kind commonly used for domestic or toilet purposes, of porcelain or china (including biscuit porcelain and parian) | |
| 73.36 | Stoves (including stoves with subsidiary boilers for central heating), ranges, cookers, grates, fires and other space heaters, gas-rings, plate warmers with burners, wash boilers with grates or other heating elements, and similar equipment, of a kind used for domestic purposes, not electrically operated, and parts thereof, of iron or steel | |
| 82.14 | Spoons, forks, fish-eaters, butter knives, ladles, and similar kitchen or tableware: | B. | Other | |
| 84.15 | Refrigerators and refrigerating equipment (electrical and other) | |
| 84.20 | Weighing machinery (excluding balances of a sensitivity of 5 cg or better) including weight-operated counting and checking machines; weighing machine weights of all kinds | |
| 84.40 | Machinery for washing, cleaning, drying, bleaching, dyeing, dressing, finishing or coating textile yarns, fabrics or made-up textile articles (including laundry and dry-cleaning machinery); fabric folding, reeling or cutting machines; machines of a kind used in the manufacture of linoleum or other floor coverings for applying the paste to the base fabric of other support; machines of a type used for printing a repetitive design, repetitive words or overall colour on textiles, leather, wallpaper, wrapping paper, linoleum or other materials, and engraved or etched plates, blocks or rollers therefor | |
| 84.41 | Sewing machines; furniture specially designed for sewing machines; sewing machine needles | |
| 84.52 | Calculating machines; accounting machines, cash registers, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device | |
| 84.53 | Automatic data processing machines and units thereof: magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included | |
| 84.55 | Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of a kind falling within heading No 84.51, 84.52, 84.53 or 84.54 | |
| 85.12 | Electric instantaneous or storage water heaters and immersion heaters; electric soil heating apparatus and electric space heating apparatus; electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters) and electric smoothing irons; electro-thermic domestic appliances; electric heating resistors, other than those of carbon | |
| 85.14 | Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers | |
| 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus | |
| 85.17 | Electric sound or visual signalling apparatus (such as bells, sirens, indicator panels, burglar and fire alarms), other than those of heading No 85.09 or 85.16 | |
| 85.20 | Electric filament lamps and electric discharge lamps (including infra-red and ultra-violet lamps); arc lamps | |
| 85.21 | Thermionic, cold cathode and photo-cathode valves and tubes (including vapour or gas filled valves and tubes, cathode-ray tubes, televison camera tubes and mercury arc rectifying valves and tubes); photocells; mounted piezo-electric crystals; diodes, transistors and similar semi-conductor devices; light emitting diodes; electronic microcircuits | |
| 87.01 | Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys | |
| 89.01 | Ships, boats and other vessels not falling within any of the following headings of this Chapter: | B. | Other | |
| 89.02 | Vessels specially designed for towing (tugs) or pushing other vessels | |
| 90.17 | Medical, dental, surgical and veterinary instruments and appliances (including electro-medical apparatus and ophthalmic instruments) | |
| 90.28 | Electrical measuring, checking, analysing or automatically controlling instruments and apparatus | |
| 90.29 | Parts or accessories suitable for use solely or principally with one or more of the articles falling within heading No 90.23, 90.24, 90.26, 90.27 or 90.28 | |
| 92.11 | Gramophones, dictating machines and other sound recorders or reproducers, including record-players and tape decks, with or without sound-heads; television image and sound recorders or reproducers: | B. | Television image and sound recorders or reproducers | |
| ANNEX XVIII | |
| List provided for in Article 200 of the Act of Accession | |
| CCT heading No | Description | |
| 39.07 | Articles of materials of the kinds described in heading Nos 39.01 to 39.06: | ex B. | Other: | — | Parts for use in the manufacture of machines falling within heading No 84.53 | |
| 40.14 | Other articles of unhardened vulcanized rubber: | ex B. | Other: | — | Parts for use in the manufacture of machines falling within heading No 84.53 | |
| 44.05 | Wood sawn lengthwise, sliced or peeled, but not further prepared, of a thickness exceeding 5 mm: | B. | Coniferous wood, of a length of 125 cm or less and of a thickness of less than 12,5 mm | |
| 56.02 | Continuous filament tow for the manufacture of man-made fibres (discontinuous): | B. | Of regenerated textile fibres | |
| 69.03 | Other refractory goods (for example, retorts, crucibles, muffles, nozzles, plugs, supports, cupels, tubes, pipes, sheaths and rods), other than goods falling within heading No 69.01: | ex A. | With a basis of graphite or other forms of carbon: | — | Of silicon carbide or of zirconium compounds for firing ceramic products | ex C. | Other: | — | Of artificial corundum or of zirconium compounds for firing ceramic products | |
| 73.01 | Pig iron, cast iron and spiegeleisen, in pigs, blocks, lumps and similar forms (ECSC) | |
| 73.07 | Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel; pieces roughly shaped by forging, of iron or steel: | A. | Blooms and billets: | ex I. | Rolled (ECSC): | — | Billets | |
| 73.08 | Iron or steel coils for re-rolling (ECSC) | |
| 73.13 | Sheet and plates, of iron or steel, hot-rolled or cold-rolled: | A. | ‘Electrical’ sheets and plates: | ex I. | With a watt-loss, regardless of thickness, of 0,75 watt or less (ECSC) | — | Not further worked than hot-rolled, of a thickness greater than 3 mm | ex II. | Other (ECSC): | — | Not further worked than hot-rolled, of a thickness greater than 3 mm | B. | Other sheets and plates: | I. | Not further worked than hot-rolled, of a thickness of: | a) | 2 mm or more (ECSC): | — | Of a thickness greater than 3 mm | ex III. | Not further worked than burnished, polished or glazed (ECSC): | — | Hot-rolled, of a thickness greater than 3 mm | V. | Otherwise shaped or worked: | a) | Cut into shapes other than rectangular shapes, but not further worked | ex 2. | Other (ECSC): | — | Hot-rolled, of a thickness greater than 3 mm | |
| 73.15 | Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14: | A. | High carbon steel: | V. | Bars and rods (including wire rod) and hollow mining drill steel; angles, shapes and sections: | b) | Not further worked than hot-rolled or extruded: | 1. | Wire rod (ECSC) | ex VIII. | Wire, whether or not coated, but not insulated: | — | Not coated, for use in the manufacture of steel cables | — | Zinc coated, for use in the manufacture of steel cables | B. | Alloy steel: | ex VIII. | Wire, whether or not coated, but not insulated: | — | Stainless, for use in the manufacture of steel cables | |
| 73.32 | Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, screws (including screw hooks and screw rings), rivets, cotters, cotter-pins and similar articles, of iron or steel; washers (including spring washers) of iron or steel: | ex B. | Threaded or tapped: | — | Screws and washers, for use in the manufacture of machines falling within heading No 84.53 | |
| ex 73.35 | Springs and leaves for springs, of iron or steel: | — | Springs, for use in the manufacture of machines falling within heading No 84.53 | |
| 76.01 | Unwrought aluminium; aluminium waste and scrap: | A. | Unwrought | |
| 81.04 | Other base metals, unwrought or wrought, and articles thereof; cermets, unwrought or wrought, and articles thereof: | K. | Titanium: | ex II. | Other: | — | Tubes and pipes | |
| 84.06 | Internal combustion piston engines | C. | Other engines: | I. | Spark ignition engines of a cylinder capacity of: | b) | More than 250 cm3: | 1. | For the industrial assembly of: | Agricultural walking tractors of subheading 87.01 A; | Motor vehicles for the transport of persons, including vehicles designed for the transport of both passengers and goods, with a seating capacity of less than 15; | Motor vehicles for the transport of goods or materials, with an engine of a cylinder capacity of less than 2 800 cm3; | Special purpose motor vehicles of heading No 87.03 (1) | 2. | Other: | bb) | Other | II. | Compression ignition engines: | a) | Marine propulsion engines (1) | b) | Other: | 1. | For the industrial assembly of: | Agricultural walking tractors of subheading 87.01 A; | Motor vehicles for the transport of persons, including vehicles designed for the transport of both passengers and goods, with a seating capacity of less than 15; | Motor vehicles for the transport of goods or materials, with an engine of a cylinder capacity of less then 2 500 cm3; | Special purpose motor vehicles of heading No 87.03 (1) | 2. | Other | |
| 84.17 | Machinery, plant and similar laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, evaporating, vaporising, condensing or cooling, not being machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electrical: | F. | Other: | ex I. | Water heaters, non-electric: | — | Parts for instantaneous or storage water heaters used for domestic purposes | |
| 84.37 | Weaving machines, knitting machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net; machines for preparing yarns for use on such machines, including warping and warp sizing machines: | ex B. | Knitting machines: | — | circular | |
| 84.40 | Machinery for washing, cleaning, drying, bleaching, dyeing, dressing, finishing or coating textile yarns, fabrics or made-up textile articles (including laundry and dry-cleaning machinery); fabric folding, reeling or cutting machines; machines of a kind used in the manufacture of linoleum or other floor coverings for applying the paste to the base fabric of other support; machines of a type used for printing a repetitive design, repetitive words or overall colour on textiles, leather, wallpaper, wrapping paper, linoleum or other materials, and engraved or etched plates, blocks or rollers therefor: | B. | Clothes-washing machines, each of a dry linen capacity not exceeding 6 kg; domestic wringers: | ex I. | Electrically operated: | — | Parts of clothes-washing machines | ex II. | Other: | — | Parts of clothes-washing machines | |
| 84.55 | Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of a kind falling within heading No 84.51, 84.52, 84.53 or 84.54: | ex C. | Other: | — | Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of a kind falling within heading No 84.53 (automatic data processing machines, etc) | |
| 85.01 | Electrical goods of the following descriptions: generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors: | B. | Other machines and apparatus: | I. | Generators, motors, (whether or not equipped with speed reducing, changing or step-up gear) and rotary converters: | ex b) | Other: | — | Single-phase electrical motors, for use in the manufacture of machines falling within heading No 84.53 | ex II. | Transformers, static converters, rectifiers and rectifying apparatus; inductors: | — | Transformers and inductors for use in the manufacture of machines falling within heading No 84.53 | ex C. | Parts: | — | for inductors for use in the manufacture of machines falling within heading No 84.53 | |
| 85.04 | Electric accumulators: | ex A. | For use in civil aircraft: | — | Parts in materials other than metal and glass, except for element separators | B. | Other: | III. | Parts: | ex b) | Other: | — | Parts in materials other than metal and glass, except for element separators | |
| 85.14 | Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers: | ex B. | Other: | — | Loud-speakers and parts | |
| 85.18 | Electrical capacitors, fixed or variable: | ex A. | Fixed capacitors, other than electrolytic: | — | Weighing not more than 500 kg each | ex B. | Other: | — | Fixed electrical capacitors, weighing not more than 500 kg each | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels: | ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Non-automatic make-and-break switches, circuit breakers, relays, cut outs, plugs and terminals, for use in the manufacture of machines falling within heading No 84.53 | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | Resistors except those for heating, of materials other than ceramic or glass | C. | Printed circuits | |
| 85.21 | Thermionic, cold cathode and photo-cathode valves and tubes (including vapour or gas filled valves and tubes, cathode-ray tubes, television camera tubes and mercury arc rectifying valves and tubes); photocells; mounted piezo-electric crystals; diodes, transistors and similar semi-conductor devices; light emitting diodes; electronic microcircuits: | A. | Valves and tubes: | III. | Cathode-ray tubes for television sets | B. | Photocells, including photo-transistors | C. | Mounted piezo-electric crystals | D. | Diodes, transistors and similar semi-conductor devices; light emitting diodes; electronic microcircuits: | ex E. | Parts: | — | Parts of goods falling within subheadings 85.21 B, 85.21 C, and 85.21 D | |
| 85.23 | Insulated (including enamelled or anodized) electric wire, cable, bars, strip and the like (including co-axial cable), whether or not fitted with connectors: | ex B. | Other: | — | Wire, for use in the manufacture of machines falling within heading No 84.53 | |
| 85.24 | Carbon brushes, arc-lamp carbons, battery carbons, carbon electrodes and other carbon articles of a kind used for electrical purposes: | ex C. | Other: | — | Carbon electrodes for furnaces | |
| 90.01 | Lenses, prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked; sheets or plates, of polarising material: | A. | Lenses, prisms, mirrors and other optical elements | |
| 90.07 | Photographic cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading No 85.20: | ex A. | Photographic cameras: | — | Parts | B. | Photographic flashlight apparatus and flashbulbs: | I. | Electrically ignited photographic flashbulbs, flashcubes and similar articles | |
| ex 91.05 | Time of day recording apparatus; apparatus with clock or watch movement (including secondary movement) or with synchronous motor, for measuring, recording or otherwise indicating intervals of time: | — | Time of day recording apparatus, for use in the manufacture of machines falling within heading No 84.53 | |
| (1) Entry under this subheading is subject to conditions to be determined by the competent authorities. | |
| ANNEX XIX | |
| List provided for in Article 213 of the Act of Accession | |
| 1. PRODUCTS FOR WHICH THE MINIMUM DUTIES (FIXED COMPONENT) ARE FIXED AT 35 % FOR IMPORTS COMING FROM THE COMMUNITY AS AT PRESENT CONSTITUTED | |
| CCT heading No | Description | |
| 17.04 | Sugar confectionery, not containing cocoa: | B. | Chewing gum containing by weight of sucrose (including invert sugar expressed as sucrose) | C. | White chocolate | D. | Other | |
| 19.03 | Macaroni, spaghetti and similar products | |
| 19.08 | Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion | |
| 21.07 | Food preparations not elsewhere specified or included: | G. | Other: | I. | Containing no milkfats or containing less than 1,5 % by weight of such fats: | f) | Containing 85 % or more by weight of sucrose (including invert sugar expressed as sucrose) | II. | Containing 1,5 % or more but less than 6 % by weight of milkfats | III. | Containing 6 % or more but less than 12 % by weight of milkfats | IV. | Containing 12 % or more but less than 18 % by weight of milkfats | V. | Containing 18 % or more but less than 26 % by weight of milkfats | VI. | Containing 26 % or more but less than 45 % by weight of milkfats | VII. | Containing 45 % or more but less than 65 % by weight of milkfats | VIII. | Containing 65 % or more but less than 85 % by weight of milkfats | IX. | Containing 85 % or more by weight of milkfats | |
| 2. PRODUCTS FOR WHICH THE MINIMUM DUTIES (FIXED COMPONENT) ARE FIXED AT 14 % FOR IMPORTS COMING FROM THE COMMUNITY AS AT PRESENT CONSTITUTED | |
| CCT heading No | Description | |
| 18.06 | Chocolate and other food preparations containing cocoa: | A. | Cocoa powder, not otherwise sweetened than by the addition of sucrose | C. | Chocolate and chocolate goods, whether or not filled; sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa: | I. | Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) | II. | Other: | a) | Containing no milkfats or containing less than 1,5 % by weight of such fats and containing by weight of sucrose (including invert sugar expressed as sucrose): | 2. | 50 % or more | b) | Containing 1,5 % or more by weight of milkfats | D. | Other: | I. | Containing no milkfats or containing less than 1,5 % by weight of such fats | II. | Containing by weight of milkfats: | a) | 1,5 % or more but not more than 6,5 % | b) | more than 6,5 % but less than 26 % | |
| 3. PRODUCTS FOR WHICH THE MINIMUM DUTIES (FIXED COMPONENT) ARE FIXED AT 12 % FOR IMPORTS COMING FROM THE COMMUNITY AS AT PRESENT CONSTITUTED | |
| CCT heading No | Description | |
| 19.02 | Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa: | B. | Other | |
| 35.05 | Dextrins and dextrin glues; soluble or roasted starches; starch glues: | ex B. | Glues made from dextrin or from starch: | — | Starch glues | |
| 4. PRODUCTS FOR WHICH THE MINIMUM DUTIES (FIXED COMPONENT) ARE FIXED AT 11 % FOR IMPORTS COMING FROM THE COMMUNITY AS AT PRESENT CONSTITUTED | |
| CCT heading No | Description | |
| 19.02 | Malt extract, preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa: | A. | Malt extract | |
| 21.02 | Extracts, essences or concentrates, of coffee, tea or maté and preparations with a basis of those extracts, essences or concentrates; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof: | C. | Roasted chicory and other roasted coffee substitutes: | II. | Other | |
| 21.07 | Food preparations not elsewhere specified or included: | A. | Cereals in grain or ear form, pre-cooked or otherwise prepared: | II. | Rice | B. | Ravioli, macaroni, spaghetti and similar products, not stuffed, cooked; the foregoing preparations, stuffed, whether or not cooked: | I. | Not stuffed, cooked: | ex a) | Dried: | — | With added sugar | ex b) | Other: | — | With added sugar | II. | Stuffed: | ex b) | Other: | — | With added sugar | C. | Ice-cream (not including ice-cream powder) and other ices: | I. | Containing no milkfats or containing less than 3 % by weight of such fats | G. | Other: | I. | Containing no milkfats or containing less than 1,5 % by weight of such fats: | a) | Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose): | 2. | Containing by weight of starch: | cc) | 45 % or more | b) | Containing 5 % or more but less than 15 % by weight of sucrose (including invert sugar expressed as sucrose): | 2. | Containing by weight of starch: | bb) | 32 % or more but less than 45 % | cc) | 45 % or more | c) | Containing 15 % or more but less than 30 % by weight of sucrose (including invert sugar expressed as sucrose): | 2. | Containing by weight of starch: | bb) | 32 % or more but less than 45 % | cc) | 45 % or more | d) | Containing 30 % or more but less than 50 % by weight of sucrose (including invert sugar expressed as sucrose) | e) | Containing 50 % or more but less than 85 % by weight of sucrose (including invert sugar expressed as sucrose) | |
| ANNEX XX | |
| List provided for in Article 243 (2) (a) of the Act of Accession | |
| CCT heading No | Description | |
| 08.11 | Fruits provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: | A. | Apricots | B. | Oranges | ex E. | Other, excluding: | — | Black currants (cassis), strawberries and raspberries | |
| 09.01 | Coffee, whether or not roasted or freed of caffeine; coffee husks and skins; coffee substitutes containing coffee in any proportion: | A. | Coffee: | I. | Unroasted | |
| 09.04 | Pepper of the genus ‘Piper’; pimento of the genus ‘Capsicum’ or the genus ‘Pimenta’: | A. | Neither crushed nor ground: | I. | Pepper: | b) | Other | |
| 15.12 | Animal or vegetable oils and fats, wholly or partly hydrogenated, or solidified or hardened by any other process, whether or not refined, but not further prepared: | ex B. | Other: | — | Intended for the chocolate industry | |
| 20.07 | Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit: | A. | Of a density exceeding 1,33 g/cm3 at 20 °C: | I. | Grape juice (including grape must) | II. | Apple and pear juice; mixtures of apple and pear juice | III. | Other: | ex a) | Of a value exceeding 30 ECU per 100 kg net weight: | — | Exceeding vegetable juice | ex b) | Other: | — | Excluding vegetable juice | B. | Of a density of 1,33 g/cm3 or less at 20 °C: | I. | Grape, apple and pear juice (including grape must); mixture of apple and pear juice: | a) | Of a value exceeding 18 ECU per 100 kg net weight: | 1. | Grape juice (including grape must): | aa) | Concentrated | 2. | Apple and pear juice | 3. | Mixtures of apple and pear juice | b) | Of a value of 18 ECU or less per 100 kg net weight: | 1. | Grape juice (including grape must): | aa) | Concentrated | 2. | Apple juice: | aa) | With an added sugar content exceeding 30 % by weight | 3. | Pear juice: | aa) | With an added sugar content exceeding 30 % by weight | 4. | Mixture of apple and pear juice: | aa) | With an added sugar content exceeding 30 % by weight | II. | Other: | a) | Of a value exceeding 30 ECU per 100 kg net weight: | 1. | Orange juice | 2. | Grapefruit juice | 3. | Lemon juice and other citrus fruit juices | 4. | Pineapple juice | ex 6. | Other fruit and vegetable juices: | — | Of fruit | 7. | Mixtures: | aa) | Of citrus fruit juices and pineapple juice | ex bb) | Other: | — | Of fruit juices | b) | Of a value of 30 ECU or less per 100 kg net weight: | 1. | Orange juice: | aa) | With an added sugar content exceeding 30 % by weight | 2. | Grapefruit juice: | aa) | With an added sugar content exceeding 30 % by weight | 3. | Lemon juice: | aa) | With an added sugar content exceeding 30 % by weight | 4. | Other citrus fruit juices: | aa) | With an added sugar content exceeding 30 % by weight | 5. | Pineapple juice: | aa) | With an added sugar content exceeding 30% by weight | 7. | Other fruit and vegetable juices: | ex aa) | With an added sugar content exceeding 30 % by weight: | — | Of fruit | 8. | Mixtures: | aa) | Of citrus fruit juices and pineapple juice | 11. | With an added sugar content exceeding 30 % by weight: | bb) | Other: | ex 11. | With an added sugar content exceeding 30 % by weight: | — | Of fruit juices | |
| 23.07 | Sweetened forage: other preparations of a kind used in animal feeding: | ex C. | Other: | — | Simple additives and pre-mixed additives | |
| ANNEX XXI | |
| List provided for in Article 245 (1) of the Act of Accession | |
| CCT heading No | Description | |
| 02.04 | Other meat and edible meat, offals, fresh, chilled or frozen: | ex A. | Of domestic pigeons and domestic rabbits: | — | Of domestic rabbits | |
| 06.02 | Other live plants, including trees, shrubs, bushes, roots, cuttings and slips: | ex D. | Other: | — | Rose bushes | — | Ornamental plants | |
| 06.03 | Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, bleached, impregnated or otherwise prepared: | A. | Fresh: | ex I. | From 1 June to 31 October: | — | Roses | — | Carnations | ex II. | From 1 November to 31 May: | — | Roses | — | Carnations | |
| 06.04 | Foliage, branches and other parts (other than flowers or buds) of trees, shrubs, bushes and other plants, and mosses, lichens and grasses being goods of a kind suitable for bouquets or ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared, excluding the cut flowers and flower buds falling within heading No 06.03: | ex B. | Other: | — | Asparagus (asparagus plumosus) | |
| 08.11 | Fruit provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: | A. | Apricots | E. | Other | |
| 12.08 | Chicory roots, fresh or dried, whole or cut, unroasted; locust beans, fresh or dried, whether or not kibbled or ground, but not further prepared; fruit kernels and other vegetable products of a kind used primarily for human food, not falling within any other heading: | B. | Locust beans | C. | Locust bean seeds | |
| 20.05 | Jams, fruit jellies, marmalades, fruit purées and fruit pastes, being cooked preparations, whether or not containing added sugar | |
| 20.06 | Fruit otherwise prepared or preserved whether or not containing added sugar or spirit: | B. | Other | II. | Not containing added spirit: | a) | Containing added sugar, in immediate packings of a net capacity of more than 1 kg: | 1. | Ginger | 2. | Grapefruit segments | 3. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 4. | Grapes | 6. | Pears | bb) | Other | 7. | Peaches and apricots: | ex aa) | With a sugar content exceeding 13 % by weight: | — | Apricots | bb) | Other | ex 8. | Other fruits: | — | Excluding cherries | 9. | Mixtures of fruit | b) | Containing added sugar in immediate packings of a net capacity of 1 kg or less: | 1. | Ginger | 2. | Grapefruit segments | 3. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 4. | Grapes | 7. | Peaches and apricots: | aa) | With a sugar content exceeding 15 % by weight: | 22. | Apricots | bb) | Other: | 22. | Apricots | ex 8. | Other fruits: | — | Excluding cherries | 9. | Mixtures of fruit | c) | Not containing added sugar | |
| 20.07 | Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit: | A. | Of a density exceeding 1,33 g/cm3 at 20 °C: | II. | Apple and pear juice; mixtures of apple and pear juice | III. | Other: | ex a) | Of a value exceeding 30 ECU per 100 kg net weight: | — | Excluding orange and lemon juices | ex b) | Other: | — | Excluding orange and lemon juices | B. | Of a density of 1,33 g/cm3 or less at 20 °C: | I. | Grape, apple and pear juice (including grape must); mixtures of apple and pear juice: | a) | Of a value exceeding 18 ECU per 100 kg net weight: | 2. | Apple and pear juice | 3. | Mixtures of apple and pear juice | b) | Of a value of 18 ECU or less per 100 kg net weight: | 2. | Apple juice | 3. | Pear juice | 4. | Mixtures of apple and pear juice | II. | Other: | a) | Of a value exceeding 30 ECU per 100 kg net weight: | 2. | Grapefruit juice | 3. | Lemon juice and other citrus fruit juices: | ex aa) | Containing added sugar: | — | Excluding lemon juice | ex bb) | Other: | — | Excluding lemon juice | 4. | Pineapple juice | 6. | Other fruit and vegetable juices | 7. | Mixtures | b) | Of a value of 30 ECU or less per 100 kg net weight: | 2. | Grapefruit juice | 4. | Other citrus fruit juices | 5. | Pineapple juice | 7. | Other fruit and vegetable juices | 8. | Mixtures | |
| 23.04 | Oil-cake and other residues (except dregs) resulting from the extraction of vegetable oils: | ex B. | Other: | — | Oil-cake | |
| ANNEX XXII | |
| List provided for in Article 249 (2) of the Act of Accession | |
| CCT heading No | Description | |
| 06.02 | Other live plants, including trees, shrubs, bushes, roots, cuttings and slips: | ex D. | Other: | — | Roses | — | Ornamental plants | |
| 06.03 | Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, bleached, impregnated or otherwise prepared: | A. | Fresh: | ex I. | From 1 June to 31 October: | — | Roses | — | Carnations | ex II. | From 1 November to 31 May: | — | Roses | — | Carnations | |
| 06.04 | Foliage, branches and other parts (other than flowers or buds) of trees, shrubs, bushes and other plants, and mosses, lichens and grasses, being goods of a kind suitable for bouquets or ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared, excluding the cut flowers and flower buds falling within heading 06.03: | ex B. | Other: | — | Asparagus (asparagus plumosus) | |
| 08.11 | Fruit provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: | A. | Apricots | E. | Other | |
| 15.07 | Fixed vegetable oils, fluid or solid, crude, refined or purified: | A. | Olive oil | |
| 20.05 | Jams, fruit jellies, marmalades, fruit puree and fruit pastes, being cooked preparations, whether or not containing added sugar | |
| 20.06 | Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit: | B. | Other: | II. | Not containing added spirit: | a) | Containing added sugar, in immediate packings of a net capacity of more than 1 kg: | 1. | Ginger | 2. | Grapefruit segments | 3. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 4. | Grapes | 6. | Pears: | bb) | Other | 7. | Peaches and apricots: | ex aa) | With a sugar content exceeding 13 % by weight: | — | Apricots | bb) | Other | ex 8. | Other fruits: | — | Excluding cherries | 9. | Mixtures of fruit | b) | Containing added sugar, in immediate packings of a net capacity of 1 kg or less: | 1. | Ginger | 2. | Grapefruit segments | 3. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 4. | Grapes | 7. | Peaches and apricots: | aa) | With a sugar content exceeding 15 % by weight: | 22. | Apricots | bb) | Other: | 22. | Apricots | ex 8. | Other fruits: | — | Excluding cherries | 9. | Mixtures of fruits | c) | Not containing added sugar | |
| 20.07 | Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit: | A. | Of a density exceeding 1,33 g/cm3 at 20 °C: | II. | Apple and pear juice; mixtures of apple and pear juice | III. | Other: | ex a) | Of a value exceeding 30 ECU per 100 kg net weight: | — | Excluding orange and lemon juice | ex b) | Other: | — | Excluding orange and lemon juice | B. | Of a density of 1,33 g/cm3 or less than 20 °C: | I. | Grape, apple and pear juice (including grape must); mixtures of apple and pear juice: | a) | Of a value exceeding 18 ECU per 100 kg net weight: | 2. | Apple and pear juice | 3. | Mixtures of apple and pear juice | b) | Of a value of 18 ECU or less per 100 kg net weight: | 2. | Apple juice | 3. | Pear juice | 4. | Mixtures of apple and pear juice | II. | Other: | a) | Of a value exceeding 30 ECU per 100 kg net weight: | 2. | Grapefruit juice | 3. | Lemon juice and other citrus fruit juices: | ex aa) | Containing added sugar: | — | Excluding lemon juice | ex bb) | Other: | — | Excluding lemon juice | 4. | Pineapple juice | 6. | Other fruit and vegetable juices | 7. | Mixtures | b) | Of a value of 30 ECU or less per 100 kg net weight: | 2. | Grapefruit juice | 4. | Other citrus fruit juices | 5. | Pineapple juice | 7. | Other fruit and vegetable juices | 8. | Mixtures | |
| 23.04 | Oil-cake and other residues (except dregs) resulting from the extraction of vegetable oils: | ex B. | Other: | — | Oil-cake | |
| ANNEX XXIII | |
| List provided for in Article 269 (2) of the Act of Accession | |
| CCT heading No | Description | |
| 01.03 | Live swine: | A. | Domestic species | |
| 01.05 | Live poultry, that is to say, fowls, ducks, geese, turkeys and guinea fowls: | A. | Of a weight not exceeding 185 g: | ex I. | Turkeys and geese: | — | Turkeys | ex II. | Other: | — | Hens | |
| 02.01 | Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03 or 01.04, fresh, chilled or frozen: | A. | Meat: | III. | Of swine: | a) | Of domestic swine | B. | Offals: | II. | Other: | c) | Of domestic swine | |
| 04.04 | Cheese and curd: | D. | Processed cheese, not grated or powdered, of a fat content, by weight: | E. | Other: | I. | Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter: | b) | Exceeding 47 % but not exceeding 72 %: | ex 1. | Cheddar: | — | Of the ‘Ilha’ type | ex 2. | Other: | — | Of the ‘Holland’ type | |
| 04.05 | Birds' eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not: | A. | Eggs in shell, fresh or preserved: | I. | Poultry eggs: | a) | Eggs for hatching: | ex 1. | Of turkeys or geese: | — | Of turkeys | ex 2. | Other: | — | Of hens | II. | Other eggs | |
| 07.01 | Vegetables, fresh or chilled: | B. | Cabbages, cauliflowers and Brussels sprouts: | I. | Cauliflowers: | ex a) | From 15 April to 30 November: | — | From 1 to 30 November | ex b) | From 1 December to 14 April: | — | From 1 December to 31 March | ex H. | Onions, shallots and garlic: | — | Onions, from 1 August to 30 November | — | Garlic, from 1 August to 31 December | M. | Tomatoes: | ex I. | From 1 November to 14 May: | — | From 1 December to 14 May | ex II. | From 15 May to 31 October: | — | From 15 May to 31 May | |
| 08.02 | Citrus fruit, fresh or dried: | A. | Oranges: | I. | Sweet oranges, fresh: | a) | From 1 April to 30 April | b) | From 1 May to 15 May | ex c) | From 16 May to 15 October: | — | From 16 May to 31 August: | ex d) | From 16 October to 31 March: | — | From 1 February to 31 March | II. | Other: | ex a) | From 1 April to 15 October: | — | From 1 April to 31 August | ex b) | From 16 October to 31 March: | — | From 1 February to 31 March | B. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: | ex II. | Other: | — | Mandarins, including tangerines and satsumas from 1 November to 31 March | ex C. | Lemons: | — | From 1 June to 31 October | |
| 08.04 | Grapes, fresh or dried: | A. | Fresh: | I. | Table grapes: | ex b) | From 15 July to 31 October: | — | From 15 August to 30 September | |
| 08.06 | Apples, pears and quinces, fresh: | A. | Apples: | II. | Other: | ex b) | From 1 January to 31 March: | — | From 1 to 31 March | ex c) | From 1 April to 31 July: | — | From 1 April to 30 June | B. | Pears: | II. | Other: | ex a) | From 1 January to 31 March: | — | From 1 February to 31 March | b) | From 1 April to 15 July | c) | From 16 July to 31 July | ex d) | From 1 August to 31 December: | — | From 1 to 31 August | |
| 08.07 | Stone fruit, fresh: | ex A. | Apricots: | — | From 15 June to 15 July | ex B. | Peaches, including nectarines: | — | Peaches, from 1 May to 30 September | |
| 11.08 | Starches; inulin: | A. | Starches: | I. | Maize starch | |
| 15.01 | Lard, other pig fat and poultry fat, rendered or solvent-extracted: | A. | Lard and other pig fat: | II. | Other | |
| 22.05 | Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol: | ex B. | Wine other than that referred to in A, in bottles with ‘mushroom’ stoppers held in place by ties or fastenings; wine otherwise put up with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 °C: | — | Wines put up other than in bottles with ‘mushroom’ stoppers, with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 °C | C. | Other: | I. | Of an actual alcoholic strength by volume not exceeding 13 % vol | II. | Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol | |
| ANNEX XXIV | |
| List provided for in Article 273 (2) of the Act of Accession | |
| CCT heading No | Description | Fixed components to be adopted for Portugal | (ECU/tonne) | |
| 10.06 | Rice: | | |
| | B. Other: | | |
| | II. Semi-milled or wholly milled rice: | | |
| | a) Semi-milled rice: | | |
| | 1. Round grain | 28 | |
| | 2. Long grain | 28 | |
| | b) Wholly-milled rice: | | |
| | 1. Round grain | 30 | |
| | 2. Long grain | 30 | |
| 11.01 | Cereal flours: | | |
| | ex A. Wheat or meslin flour: | | |
| | — | Common wheat flour | 30 | |
| | B. Rye flour | 30 | |
| 11.02 | Cereal groats and cereal meal; other worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled but not further prepared), except rice falling within heading No 10.06; germ of cereals, whole, rolled, flaked or ground: | | |
| | A. Cereal groats and cereal meal: | | |
| | I. Wheat: | | |
| | a) Durum wheat | 30 | |
| | b) Common wheat | 32 | |
| 11.07 | Malt, roasted or not: | | |
| | A. Unroasted: | | |
| | II. Other: | | |
| | a) In the form of flour | 22 | |
| | b) Other | 22 | |
| | B. Roasted | 20 | |
| 17.02 | Other sugars in solid form; sugar syrups, not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: | | |
| | B. Glucose and glucose syrup; maltodextrine and maltodextrine syrup: | | |
| | II. Other: | | |
| | ex a) In the form of white crystalline powder, whether or not agglomerated: | | |
| | — | Glucose and glucose syrup | 103 | |
| | ex b) Other: | | |
| | — | Glucose and glucose syrup | 90 | |
| 21.07 | Food preparations not elsewhere specified or included: | | |
| | F. Flavoured or coloured sugar syrups: | | |
| | ex II. Glucose syrup and maltodextrine syrup: | | |
| | — | Glucose syrup | 83 | |
| ANNEX XXV | |
| List provided for in Article 278 (1) of the Act of Accession | |
| CCT heading No | Description | Rate of Portuguese basic customs duties | (ECU/tonne) | |
| 07.01 | Vegetables, fresh or chilled: | | |
| | C. Spinach | 17 | |
| | D. Salad vegetables, including endive and chicory: | | |
| | II. Other | 17 | |
| | E. Chard (or white beet) and cardoons | 17 | |
| | IJ. Leeks and other alliaceous plants (for example, chives, Welsh onions) | 17 | |
| | O. Capers | 17 | |
| | Q. Mushrooms and truffles: | | |
| | II. Chantarelles | 17 | |
| | III. Flap mushrooms | 17 | |
| | IV. Other | 17 | |
| | R. Fennel | 17 | |
| | S. Sweet peppers | 17 | |
| 08.02 | Citrus fruit, fresh or dried: | | |
| | D. Grapefruit | 16 | |
| 08.04 | Grapes, fresh or dried: | | |
| | A. Fresh: | | |
| | II. Other: | | |
| | a) From 1 November to 14 July | 25 | |
| | b) From 15 July to 31 October | 25 | |
| 08.05 | Nuts other than those falling within heading No 08.01, fresh or dried, shelled or not: | | |
| | A. Almonds: | | |
| | I. Bitter | 30 | |
| | II. Other | 30 | |
| | B. Walnuts | 20 | |
| | G. Other | 8 | |
| 08.06 | Apples, pears and quinces, fresh: | | |
| | A. Apples: | | |
| | I. Cider apples, in bulk, from 16 September to 15 December | 35 | |
| ANNEX XXVI | |
| List provided for in Article 280 of the Act of Accession | |
| CCT heading No | Description | |
| 01.03 | Live swine: | A. | Domestic species | |
| 01.05 | Live poultry, that is to say, fowls, ducks, geese, turkeys and guinea fowls: | A. | Of a weight not exceeding 185 g: | ex I. | Turkeys and geese: | — | Turkeys | ex II. | Other: | — | Hens | |
| 02.01 | Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03 or 01.04, fresh, chilled or frozen: | A. | Meat: | III. | Of swine: | a) | Of domestic swine | B. | Offals: | II. | Other: | c) | Of domestic swine | |
| 04.04 | Cheese and curd: | D. | Processed cheese, not grated or powdered, of a fat content, by weight: | E. | Other: | I. | Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter: | b) | Exceeding 47 % but not exceeding 72 %: | ex 1. | Cheddar: | — | Of the ‘Ilha’ type | ex 2. | Other: | — | Of the ‘Holland’ type | |
| 04.05 | Birds' eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not: | A. | Eggs in shell, fresh or preserved: | I. | Poultry eggs: | a) | Eggs for hatching: | ex 1. | Of turkeys or geese: | — | Of turkeys | ex 2. | Other: | — | Of hens | II. | Other eggs | |
| 07.01 | Vegetables, fresh or chilled: | B. | Cabbages, cauliflowers and Brussels sprouts: | I. | Cauliflowers: | ex a) | From 15 April to 30 November: | — | From 1 to 30 November | ex b) | From 1 December to 14 April: | — | From 1 December to 31 March | ex H. | Onions, shallots and garlic: | — | Onions, from 1 August to 30 November | — | Garlic, from 1 August to 31 December | M. | Tomatoes: | ex I. | From 1 November to 14 May: | — | From 1 December to 14 May | ex II. | From 15 May to 31 October: | — | From 15 May to 31 May | |
| 08.02 | Citrus fruit, fresh or dried: | A. | Oranges: | I. | Sweet oranges, fresh: | a) | From 1 April to 30 April | b) | From 1 May to 15 May | ex c) | From 16 May to 15 October: | — | From 16 May to 31 August | ex d) | From 16 October to 31 March: | — | From 1 February to 31 March | II. | Other: | ex a) | From 1 April to 15 October: | — | From 1 April to 31 August | ex b) | From 16 October to 31 March: | — | From 1 February to 31 March | B. | Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: | ex II. | Other: | — | Mandarins (including tangerines and satsumas from 1 November to 31 March) | ex C. | Lemons: | — | From 1 June to 31 October | |
| 08.04 | Grapes, fresh or dried: | A. | Fresh: | I. | Table grapes: | ex b) | From 15 July to 31 October: | — | From 15 August to 30 September | |
| 08.06 | Apples, pears and quinces, fresh: | A. | Apples: | II. | Other: | ex b) | From 1 January to 31 march: | — | From 1 to 31 March | ex c) | From 1 April to 31 July: | — | From 1 April to 30 June | B. | Pears: | II. | Other: | ex a) | From 1 January to 31 March: | — | From 1 February to 31 March | b) | From 1 April to 15 July | c) | From 16 July to 31 July | ex d) | From 1 August to 31 December: | — | From 1 to 31 August | |
| 08.07 | Stone fruit, fresh: | ex A. | Apricots: | — | From 15 June to 15 July | ex B. | Peaches, including nectarines: | — | Peaches, from 1 May to 30 September | |
| 11.08 | Starches; inulin: | A. | Starches: | I. | Maize starch | |
| 15.01 | Lard, other pig fat and poultry fat, rendered or solvent-extracted: | A. | Lard and other pig fat: | II. | Other | |
| 22.05 | Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol: | ex B. | Wine other than that referred to in A, in bottles with ‘mushrooms’ stoppers held in place by ties or fastenings; wine otherwise put up with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 °C: | — | Wines put up other than in bottles with ‘mushroom’ stoppers, with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 °C | C. | Other: | I. | Of an actual alcoholic strength by volume not exceeding 13 % vol | II. | Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol | |
| ANNEX XXVII | |
| List provided for in Article 355 (3) of the Act of Accession | |
| Portuguese undertaking | Joint venture | Name of Vessel | Gross registered tonnage | Engine horsepower | |
| Soc. Pesca do Alto, Lda | Pescas e Conservas del Norte, SA PESCANOR | Pescatlântico | 737,0 | 800 | |
| Soc. Pescatlântico | | Pescalto | 617,0 | 800 | |
| Ricardo de Jesus Rosa e Outros | Yassa-Pêche SA | Driss | 95,3 | 400 | |
| | Sofia | 71,8 | 370 | |
| | Aziza | 117,5 | 400 | |
| Soc. Pesca Miradouro | Maroluzo SA | Meridiano | 194,0 | 800 | |
| | Paralelo | 194,1 | 850 | |
| José Damásio Dias Simão | Azaghar National Fishing Company — ACOFINA SA | Acofina | 43,9 | 220 | |
| Soc. Pesca Mar Artico, Lda | PESMARAN — Empresa de Pesca Mar Antártico SA | Mar Artico | 194,1 | 1 000 | |
| | Mar Antartico | 189,9 | 950 | |
| Ind. Aveirense de Pesca | Société d'Armements et Pêches | Senhora Malak | 179,9 | 630 | |
| Nord Africains APNA SA | Maria Patica | 236,6 | 1 100 | |
| Soc. Pesca Ferreira da Cunha, Lda | Roumpêche SA | Tiago Cunha | 194,2 | 1 550 | |
| | Ferreira da Cunha | 194,2 | 1 455 | |
| | Sonia Cunha | 198,0 | 1 200 | |
| Soc. Pesca a Motor | Lexmar Sayd SA | Jaber I | 176,7 | 630 | |
| | Norsayd | 199,9 | 1 450 | |
| Pascoal & Filhos, Lda | El Yassa SA | Narjis I | 189,9 | | |
| Manuel Casqueira & Filho, Lda | Solmap SA | Tan Tan II | 136,3 | 634 | |
| Victor Manuel Sales Martins | Solmacop SA | Najat | 46,0 | 200 | |
| Nascimento & Rato, Lda | Sté Maritime Tingis SA | Nova Fortuna | 61,6 | 370 | |
| Luis de Matos e Outros | Lusimapêche-Sociéte Lusitano | Tabar | 77,0 | 300 | |
| Marrocaine de Pêche | Fatima | 64,1 | 370 | |
| | Ali | 32,7 | 255 | |
| Júlio Miguel | Tibihit International Fishing Company, TIFICO | Najia | 62,2 | 370 | |
| Neves & Lourenço | Algarve Pêche SA — ALPEC | Susana Eugenio | 169,7 | 700 | |
| | Flor de Aveiro | 120,4 | 420 | |
| Soc. Pesca Cabedelo | Telgut National Company — TENAC | Kabour | 102,6 | 650 | |
| Firmino & Martins, Lda | Société d'Exploitation des Pêcheries Maroco-Portugaises — SOPEMAC | Al Faouz I | 198,8 | 1 455 | |
| Albamar | Atlamar SA | Atlamar | 194,1 | 950 | |
| MAVIPESCA — Sociedade Industrial de Pesca | Société Aveirense de Pêche SA — AVEP | Fátima IV | 150,0 | 530 | |
| Carlos M. G. Custódio | IKIPEC, Sarl | Boulman I | 168,0 | 570 | |
| João F. G. Custódio | | Boulman II | 158,9 | 850 | |
| José António Tomás | Consortium Luso-Marocain de Pêche — (CLMP) | Nejma 2 | 49,0 | 282 | |
| Soc. Pesca Mãe de Dues, Lda | | Nejma 5 | 76,0 | 600 | |
| António Lopes Pio Júnior | | Nejma 11 | 49,5 | 300 | |
| Soc. Pesca Esperança no Futuro | | Nejma 12 | 66,5 | 282 | |
| | Nejma 15 | 31,0 | 200 | |
| Pereira Mendes & Ca | Sté d'Armement et de Pêche Oceanes — SAPÊCHE | Moumen III | 173,0 | 660 | |
| | Moumen IV | 179,0 | 630 | |
| Vieiras & Santos & Ca Lda | Pêche Ouest SA | Ville de Safi | 138,5 | 500 | |
| António Ricardo Formiga | La Société d'Armement de Pêche — ASSIA | Al Cantara | 149,1 | 370 | |
| Emiliano S. Baeta | | | | | |
| Francisco S. Ladeira | Sociedad Anónima Luso Marroqui de Conservas — SALMAC | Najim du Nord | 43,4 | | |
| Silvério Luis | Sociéte Sarl — d'Armement et de Pêche Pescatalaya | Marilaide | 57,7 | 240 | |
| Pescoeste-Armadores Associados do Oeste | Deus Pêche SA (DEUPEC) | Consul | 189,0 | 600 | |
| Parceria Marítima Esperança | Sté Esperansa Pêche SA — ESPEC | Esperanza | 124,4 | 600 | |
| Casimiro Augusto Tavares & Filhos, Lda | Benmata SA | Asmaa | 127,5 | | |
| Cooperativa de Pesca Pescador Livre, CRL | Casa do Pescador | Pescador Livre | 158,9 | 600 | |
| Bagao & Bagao | Sté Transatlantique de Pêche — TRANSAPEC SA | Argana II | 182,0 | 1 000 | |
| | Argana III | 155,0 | | |
| | Cap Jouby | 280,0 | 750 | |
| Lopes & Conde | Crustomar | Yashmina I | 130,9 | | |
| | Yashmina II | 130,9 | | |
| | Yashmina III | 130,9 | | |
| | Yashmina IV | 130,9 | | |
| Companhia Portuguesa de Pesca | Seysa Pêche SA | Nassim II | 88,26 | 400 | |
| | Nassim III | 97,26 | 440 | |
| | Nassim IV | 86,82 | 400 | |
| | Nassim V | 66,63 | 335 | |
| | Quatro Irmas | 70,04 | 335 | |
| Testas e Cunha | Société de Pêche Costa Nova SA | Capitao Pisco | 179,9 | 640 | |
| Bagao Nunes e Machado, Lda | Transapec SA | Maria José Bagao | 182,4 | 630 | |
| Leandro José Sabinha Romeira | Portocean — Maroc SA | Luis Pedro | 130,8 | 490 | |
| José Manuel Fernita | | Luz do Amor | 71,5 | 500 | |
| ANNEX XXVIII | |
| List of products provided for in Article 361 of the Act of Accession | |
| (a) | |
| CCT heading No | Description | |
| 03.01 | Fish, fresh (live or dead), chilled or frozen: | B. | Saltwater fish: | I. | Whole, headless or in pieces: | h) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac): | 2. | Frozen | t) | Hake (Merluccius spp.): | ex 1. | Fresh or chilled: | — | Hake (Merluccius merluccius) | ex 2. | Frozen: | — | Hake (Merluccius merluccius) | ex v) | Other: | — | Horse mackerel (Trachurus trachurus), fresh, refrigerated or frozen | II. | Fillets: | b) | Frozen: | 1. | Of cod (Gadus morhua, Boreogadus saida, Gadus ogac) | 3. | Of haddock (Melanogrammus aeglefinus) | 9. | Of hake (Merluccius spp.) | 11. | Of plaice (Pleuronectes platessa) | 12. | Of flounder (Platichthys flesus) | |
| 03.02 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: | A. | Dried, salted or in brine: | I. | Whole, headless or in pieces: | b) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | |
| 03.03 | Crustaceans and molluscs, whether in shell or not, fresh (live or dead), frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | A. | Crustaceans: | IV. | Shrimps and prawns: | ex a) | Prawns and shrimps of the Pandalidae family: | — | Frozen | b) | Shrimps of the genus Crangon: | ex 2. | Other: | — | Frozen | ex c) | Other: | — | Frozen | V. | Other: | a) | Norway lobsters (Nephrops norvegicus): | 1. | Frozen | |
| (b) | |
| CCT heading No | Description | |
| 03.01 | Fish, fresh (live or dead), chilled or frozen: | B. | Saltwater fish: | I. | Whole, headless or in pieces: | d) | Sardines (Sardina pilchardus): | 1. | Fresh or chilled | 2. | Frozen | |
| 03.03 | Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | B. | Molluscs: | IV. | Other: | a) | Frozen: | 1. | Squid | |
| 16.05 | Crustaceans and molluscs, prepared or preserved: | ex B. | Other: | — | Mollusc preserves | |
| ANNEX XXIX | |
| List of products provided for in Article 363 of the Act of Accession | |
| CCT heading No | Description | |
| 03.01 | Fish, fresh (live or dead), chilled or frozen: | B. | Saltwater fish: | I. | Whole, headless or in pieces: | h) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | 2. | Frozen | ij) | Saithe (Pollachius virens): | 2. | Frozen | k) | Haddock (Melanogrammus aeglefinus): | 2. | Frozen | m) | Ling (Molva spp.): | 2. | Frozen | n) | Alaska pollack (Theragra chalcogramma) and pollack (Pollachius pollachius): | 2. | Frozen | t) | Hake (Merluccius spp.): | 1. | Fresh or chilled | 2. | Frozen | ex v) | Other: | — | Horse mackerel (Trachurus trachurus), fresh, chilled or frozen | — | Similar to cod, frozen (Gadus macrocephalus, Brosme brosme) | II. | Fillets: | b) | Frozen: | 1. | Of cod (Gadus morhua, Boreogadus saida, Gadus ogac) | 3. | Of haddock (melanogrammus aeglefinus) | 9. | Of hake (Merluccius spp.) | 11. | Of plaice (Pleuronectes platessa) | 12. | Of flounder (Platichthys flesus) | |
| 03.02 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: | A. | Dried, salted or in brine: | I. | Whole, headless or in pieces: | b) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | ex f) | Other: | — | Products similar to cod (saithe, haddock, Alaska pollack, pollack, Gadus macrocephalus, Brosme brosme) | |
| 03.03 | Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | A. | Crustaceans: | IV. | Shrimps and prawns: | ex a) | Prawns and shrimps of the Pandalidae family: | — | Frozen | b) | Shrimps of the genus Crangon: | ex 2. | Other: | — | Frozen | ex c) | Other: | — | Frozen | V. | Other: | a) | Norway lobsters (Nephrops norvegicus): | 1. | Frozen | B. | Molluscs: | IV. | Other: | a) | Frozen: | 1. | Squid | |
| ANNEX XXX | |
| List provided for in Article 364 (3) of the Act of Accession | |
| (a) TEMPORARY DEROGATIONS FROM REGULATION (EEC) NO 288/82 | |
| CCT heading No | Description | Global quota | (1986) | |
| 40.08 | Plates, sheets, strip, rods and profile shapes, of unhardened vulcanized rubber: | A. | Plates, sheets and strip: | ex I. | Of expanded, foam or sponge rubber: | — | Adhesive | ex II. | Other: | — | Adhesive | 33 tonnes | |
| 40.09 | Piping and tubing, of unhardened vulcanized rubber | 42 tonnes | |
| 40.13 | Articles of apparel and clothing accessories (including gloves), for all purposes, of unhardened vulcanized rubber: | A. | Gloves, including mittens: | ex B. | Articles of apparel and clothing accessories: | — | Excluding corsets, belts and the like and airtight and watertight clothing for divers | 10 tonnes | |
| 40.14 | Other articles of unhardened vulcanized rubber: | A. | Articles for technical uses, for use in civil aircraft | B. | Other: | ex I. | Of expanded foam or sponge rubber: | — | Excluding tobacco-pouches | ex II. | Other: | — | Excluding tobacco-pouches | 135 tonnes | |
| 48.15 | Other paper and paperboard, cut to size or shape: | ex A. | Adhesive strips of a width not exceeding 10 cm, the coating of which consists of unvulcanized natural or synthetic rubber: | — | In paper of a weight not greater than 160 g per m2, excluding paper for electrical insulation | ex B. | Other: | — | Adhesive paper of a weight not greater than 160 g per m2, excluding paper for electrical insulation | 50 tonnes | |
| 59.03 | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated: | ex B. | Other: | — | Adhesive | 3 tonnes | |
| 59.05 | Nets and netting made of twine, cordage or rope, and made up fishing nets of yarn, twine, cordage or rope: | A. | Fishing nets and netting: | 30 tonnes | |
| 64.05 | Parts of footwear, removable in-soles, hose protectors and heel cushions, of any material except metal: | ex A. | Assemblies of uppers affixed to inner soles or to other sole components, but without outer soles: | — | Of rubber | ex B. | Other: | — | Of rubber | 93 tonnes | |
| ex 70.10 | Carboys, bottles, jars, pots, tubular containers and similar containers, of glass, of a kind commonly used for the conveyance or packing of goods; stoppers and other closures, of glass: | — | Carboys and bottles | 7 500 tonnes | |
| — | Other containers of a kind commonly used for the conveyance or packing of goods, excluding coloured, matt, engraved, irisated, cut, marbled, opaque, opaline or painted containers or tubes for pills | 19 tonnes | |
| 70.21 | Other articles of glass | 18 tonnes | |
| 73.18 | Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high pressure hydro-electric conduits: | ex A. | Tubes and pipes with attached fittings, suitable for conducting gases or liquids, for use in civil aircraft: | — | Unworked or painted, varnished, enamelled or otherwise treated (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, seamless of a wall thickness of 2,2 mm or less | B. | Other: | ex I. | Straight and of uniform wall-thickness, unworked, seamless, of circular cross-section, solely for the manufacture of tubes and pipes with other cross-sections and wall-thicknesses: | — | Of a wall thickness of 2,2 mm or less | ex III. | Other: | — | Unworked or painted, varnished, enamelled or otherwise treated (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, seamless of a wall thickness of 2,2 mm or less | 2 290 tonnes | |
| ex A. | Tubes and pipes with attached fittings, suitable for conducting gases or liquids, for use in civil aircraft: | — | Unworked or painted, varnished, enamelled or otherwise treated (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, welded of a wall thickness of 4,5 mm or less | B. | Other: | ex II. | Straight and of uniform wall-thickness, other than those falling in B I above, of a maximum length of 4,50 m, of alloy steel containing by weight not less than 0,90 % but not more than 1,15 % of carbon, not less than 0,50 % but not more than 2 % of chromium and not more than 0,50 % of molybdenum: | — | Unworked or painted, varnished, enamelled or otherwise treated (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, welded of a wall thickness of 4,5 mm or less | ex III. | Other: | — | Unworked or painted, varnished, enamelled or otherwise treated (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, welded of a wall thickness of 4,5 mm or less | 100 tonnes | |
| ex 84.38 | Auxiliary machinery for use with machines of heading No 84.37 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of the present heading or with machines falling within heading No 84.36 or 84.37 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-lifters and hosiery needles): | — | Shuttles and healds | 15 tonnes | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels: | ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Non-automatic make-and-break switches and isolating switches not exceeding 2 kg per unit in weight, excluding parts, of ceramic material or glass | ex B. | Resistors fixed or variable (including potentiometers), other than heating resistors: | — | Variable resistors not exceeding 2 kg per unit in weight, excluding parts, of ceramic material or glass | 1 200 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Non-automatic make-and-break switches and isolating switches not exceeding 2 kg per unit in weight, excluding parts in materials other than ceramic or glass | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | Variable resistors not exceeding 2 kg per unit in weight, excluding parts, of materials other than ceramic or glass | 132 000 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Automatic make-and-break switches, circuit-breakers and contactors not exceeding 3 kg per unit in weight, excluding parts | 24 600 units | |
| — | Cut-outs, excluding parts | 27 000 units | |
| — | Other articles of ceramic material or of glass, not exceeding 2 kg per unit in weight, excluding relays for automatic switchboards, fuses, remote control relays for musical frequency and parts | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | Fixed resistors and potentiometers other than heating resistors, of ceramic material or glass, not exceeding 2 kg per unit in weight, excluding parts | ex C. | Printed circuits: | — | Of ceramic material or glass, not exceeding 2 kg per unit in weight | 30 000 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Articles in materials other than ceramic or glass, not exceeding 2 kg per unit in weight, excluding non-automatic make-and-break switches and isolating switches, not exceeding 2 kg per unit in weight, automatic make-and-break switches, circuit-breakers and contactors not exceeding 3 kg per unit in weight, cut-outs and parts | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | In materials other than ceramic or glass, not exceeding 2 kg per unit in weight, excluding parts | ex C. | Printed circuits: | — | In materials other than ceramic or glass, not exceeding 2 kg per unit in weight | 3 636 000 units | |
| (b) TEMPORARY DEROGATIONS FROM REGULATION (EEC) NO 288/82 WITH REGARD TO JAPAN — SUPPLEMENTARY LIST TO THAT APPEARING IN PART (a) OF THIS ANNEX | |
| CCT heading No | Description | Global quota | (1986) | |
| 28.17 | Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); peroxides of sodium or potassium: | A. | Sodium hydroxide (caustic soda) | 614 tonnes | |
| 39.01 | Condensation, polycondensation and polyaddition products, whether or not modified or polymerized, and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones): | C. | Other: | I. | Phenoplasts: | ex a) | in one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Of the Novolak type, excluding products for moulding | 3 tonnes | |
| C. | Other: | I. | Phenoplasts: | ex a) | in one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Other than of the Novolak type, excluding products for moulding and sponge blocks | 35 tonnes | |
| C. | Other: | II. | Aminoplasts: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding products for moulding and sponge blocks | 40 tonnes | |
| C. | Other: | III. | Alkyds and other polyesters: | ex b) | Other: | — | Alkyds in one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding and sponge blocks | 20 tonnes | |
| C. | Other: | I. | Phenoplasts: | ex b) | In other forms: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | II. | Aminoplasts: | ex b) | In other forms: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | III. | Alkyds and other polyesters: | ex a) | In one of the forms mentioned in Note 3 (d) to this Chapter: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex IV. | Polyamides: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex V. | Polyurethanes: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex VII. | Other: | — | Plates, sheets and strip, rigid, weighing more than 160 g/m2, whether or not printed other than adhesive or for parquet floor coverings | 22 tonnes | |
| C. | Other: | I. | Phenoplasts: | ex b) | In other forms: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | II. | Aminoplasts: | ex b) | In other forms: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | III. | Alkyds and other polyesters: | ex a) | In one of the forms mentioned in Note 3 (d) to this Chapter: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex IV. | Polyamides: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex V. | Polyurethanes: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex VI. | Silicones: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | ex VII. | Other: | — | Plates, sheets and strip, not rigid nor sponge, weighing more than 160 g/m2, whether or not printed, other than adhesive or for parquet floor coverings | 8 tonnes | |
| 55.05 | Cotton yarn, not put up for retail sale | 145 tonnes | |
| 56.01 | Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning | 1 380 tonnes | |
| 56.02 | Continuous filament tow for the manufacture of man-made fibres (discontinuous) | 708 tonnes | |
| 56.04 | Man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning | 36 tonnes | |
| 56.05 | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale | 4 tonnes | |
| 56.06 | Yarn of man-made fibres (discontinuous or waste), put up for retail sale | 1 tonne | |
| ex 70.13 | Glassware (other than articles falling in heading No 70.19) of a kind commonly used for table, kitchen, toilet or office purposes, for indoor decoration, or for similar uses: | — | Of glass other than glass of a low coefficient of expansion | — | Coloured, matt, engraved, irisated, cut, marble, opaque, opaline or painted | 20 tonnes | |
| — | Other | 6 tonnes | |
| 73.10 | Bars and rods (including wire rod), of iron or steel, hot-rolled, forged, extruded, cold-formed or cold-finished, (including precision-made); hollow mining drill steel: | B. | Not further worked than forged | C. | Not further worked than cold-formed or cold-finished | D. | Clad or surface-worked (for example, polished, coated): | I. | Not further worked than clad: | b) | Cold-formed or cold-finished | II. | Other | 75 tonnes | |
| 73.11 | Angles, shapes and sections, of iron or steel, hot-rolled, forged, extruded, cold-formed or cold-finished; sheet piling of iron or steel, whether or not drilled, punched or made from assembled elements: | A. | Angles, shapes and sections: | II. | Not further worked than forged | III. | Not further worked than cold-formed or cold-finished | IV. | Clad or surface-worked (for example, polished, coated): | a) | Not further worked than clad: | 2. | Cold-formed or cold-finished | b) | Other | 21 tonnes | |
| 73.13 | Sheets and plates, of iron or steel, hot-rolled or cold-rolled: | B. | Other sheets and plates: | IV. | Clad, coated or otherwise surface-treated: | a) | Silvered, gilded, platinum-plated or enamelled | V. | Otherwise shaped or worked: | a) | Cut into shapes other than rectangular shapes, but not further worked: | 1. | Silvered, gilded, platinum-plated or enamelled | b) | Other, excluding sheets and plates shaped by rolling | 7 570 tonnes | |
| 73.14 | Iron or steel wire, whether or not coated, but not insulated | 180 tonnes | |
| ex 73.29 | Chain and parts thereof, of iron or steel: | — | With links that cannot be dismantled whose width diameter in metal does not exceed 6 mm, excluding key chains | 5 tonnes | |
| — | Articulated key chain of the Galle, Renold or Morse type, of a pitch not exceeding 2 cm | 7 tonnes | |
| 74.03 | Wrought bars, rods, angles, shapes and sections, of copper; copper wire | 108 tonnes | |
| 74.07 | Tubes and pipes and blanks therefor, of copper; hollow bars of copper | 21 tonnes | |
| 76.06 | Tubes and pipes and blanks therefor, of aluminium; hollow bars of aluminium | 5 tonnes | |
| 82.01 | Hand tools, the following: spades, shovels, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; scythes, sickles, hay knives, grass shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry | 62 tonnes | |
| 82.02 | Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades) | 9 tonnes | |
| 82.04 | Hand tools, including glaziers' diamonds, not falling within any other heading of this Chapter; blow lamps, anvils, vices and clamps, other than accessories for, and parts of, machine tools; portable forges; grinding wheels with frameworks (hand or pedal operated) | 11 tonnes | |
| ex 82.13 | Other articles of cutlery (for example, secateurs, hair clippers, butchers' cleavers, paper knives); manicure and chiropody sets and appliances (including nail files): | — | Secateurs | 1 tonne | |
| — | Manicure and chiropody sets and appliances (including nail files) | 1 tonne | |
| — | Other, excluding hair clippers | 1 tonne | |
| 83.01 | Locks and padlocks (key, combination or electrically operated), and parts thereof, of base metal; frames incorporating locks, for handbags, trunks or the like, and parts of such frames, of base metal; keys for any of the foregoing articles, of base metal | 3 tonnes | |
| 83.02 | Base metal fittings and mountings of a kind suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, caskets and the like (including automatic door closers); base metal hat-racks, hat-pegs, brackets and the like | 15 tonnes | |
| 84.22 | Lifting, handling, loading or unloading machinery, telphers and conveyors (for example, lifts, hoists, winches, cranes, transporter cranes, jacks, pulley tackle, belt conveyors and teleferics), not being machinery falling within heading No 84.23 | 120 tonnes | |
| 84.45 | Machine-tools for working metal or metal carbides, not being machines falling within heading No 84.49 or 84.50 | 163 tonnes | |
| 85.13 | Electrical line telephonic and telegraphic apparatus (including such apparatus for carrier-current line systems) | 8 tonnes | |
| 90.16 | Drawing, marking-out and mathematical calculating instruments, drafting machines, pantographs, drawing sets, slide rules, disc calculators and the like; measuring or checking instruments, appliances and machines, not falling within any other heading of this Chapter (for example, micrometers, callipers, gauges, measuring rods, balancing machines); profile projectors: | ex A. | Drawing, marking-out and mathematical calculating instruments, drafting machines, pantographs, slide rules, disc calculators and the like: | — | Excluding drawing-sets, extension pieces for compasses, compasses, drawing pens and similar instruments | B. | Measuring or checking instruments, appliances and machines; profile projectors | 22 tonnes | |
| 91.04 | Other clocks: | ex A. | Electric or electronic: | — | Free-standing of for hanging, complete, weighing more than 500 g and incomplete of whatever weight, excluding grandfather clocks and tower clocks | ex B. | Other: | — | Free-standing or for hanging, complete, weighing more than 500 g and incomplete of whatever weight, excluding grandfather clocks and tower clocks | 3 tonnes | |
| ex A. | Electric or electronic: | — | Excluding grandfather clocks and tower clocks, free-standing or hanging clocks, complete, weighing more than 500 g and incomplete of whatever weight and chronometers | ex B. | Other: | — | Excluding grandfather clocks and tower clocks, free-standing or hanging clocks, complete, weighing more than 500 g and incomplete of whatever weight and chronometers | 1 tonne | |
| 98.02 | Slide fasteners and parts thereof | 11 tonnes | |
| (c) TEMPORARY DEROGATIONS FROM REGULATIONS (EEC) NO 1765/82, (EEC) NO 1766/82 AND (EEC) NO 3419/83, AS AMENDED BY REGULATION (EEC) NO 453/84 | |
| CCT heading No | Description | Global quota | (1986) | |
| 40.08 | Plates, sheets, strip, rods and profile shapes, of unhardened vulcanized rubber: | A. | Plates, sheets and strip: | ex I. | Of expanded, foam or sponge rubber: | — | Adhesive | ex II. | Other: | — | Adhesive | 11 tonnes | |
| 40.09 | Piping and tubing, of unhardened vulcanized rubber | 14 tonnes | |
| 40.13 | Articles of apparel and clothing accessories (including gloves), for all purposes, of unhardened vulcanized rubber: | A. | Gloves, including mittens | ex B. | Articles of apparel and clothing accessories: | — | Excluding corsets, belts and the like and airtight and watertight clothing for divers | 3,5 tonnes | |
| 40.14 | Other articles of unhardened vulcanized rubber: | A. | Articles for technical uses, for use in civil aircraft | B. | Other: | ex I. | Of expanded foam or sponge rubber: | — | Excluding tobacco pouches | ex II. | Other: | — | Excluding tobacco pouches | 45 tonnes | |
| 48.15 | Other paper and paperboard, cut to size or shape: | ex A. | Adhesive strips of a width not exceeding 10 cm, the coating of which consists of unvulcanized natural or synthetic rubber: | — | In paper of a weight not greater than 160 g/m2, excluding paper for electrical insulation | ex B. | Other: | — | Adhesive paper of a weight not greater than 160 g/m2, excluding paper for electrical insulation | 17 tonnes | |
| 59.03 | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated: | ex B. | Other: | — | Adhesive | 1 tonne | |
| 59.05 | Nets and netting made of twine, cordage or rope, and made up fishing nets of yarn, twine, cordage or rope: | A. | Fishing nets and netting | 10 tonnes | |
| 64.05 | Parts of footwear, removable in-soles, hose protectors and heel cushions, of any material except metal: | ex A. | Assemblies of uppers affixed to inner soles or to other sole components, but without outer soles: | — | Of rubber | ex B. | Other: | — | Of rubber | 31 tonnes | |
| 70.21 | Other articles of glass | 6 tonnes | |
| ex 84.38 | Auxiliary machinery for use with machines of heading No 84.37 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of the present heading or with machines falling within heading No 84.36 or 84.37 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-lifters and hosiery needles): | — | Shuttles and healds | 2 tonnes | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels: | ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Non-automatic make-and-break switches and isolating switches not exceeding 2 kg per unit in weight, excluding parts, of ceramic material or glass | ex B. | Resistors fixed or variable (including potentiometers), other than heating resistors: | — | Variable resistors not exceeding 2 kg per unit in weight, excluding parts, of ceramic material or glass | 400 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Non-automatic make-and-break switches and isolating switches not exceeding 2 kg per unit in weight, excluding parts in materials other than ceramic or glass | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | Variable resistors not exceeding 2 kg per unit in weight, excluding parts, of materials other than ceramic or glass | 44 000 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Automatic make-and-break switches, circuit-breakers and contactors, not exceeding 3 kg per unit in weight, excluding parts | 8 200 units | |
| — | Cut-outs, excluding parts | 9 000 units | |
| — | Other articles of ceramic material or of glass, not exceeding 2 kg per unit in weight, excluding relays for automatic switchboards, fuses, remote control relays for musical frequency and parts | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | Fixed resistors and potentiometers other than heating resistors, of ceramic material or glass, not exceeding 2 kg per unit in weight, excluding parts | ex C. | Printed circuits: | — | Of ceramic material or glass, not exceeding 2 kg per unit in weight | 10 000 units | |
| ex A. | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | — | Articles in materials other than ceramic or glass, not exceeding 2 kg per unit in weight, excluding non-automatic make-and-break switches and isolating switches, not exceeding 2 kg per unit in weight, automatic make-and-break switches, circuit-breakers and contactors not exceeding 3 kg per unit in weight, cut-outs and parts | ex B. | Resistors, fixed or variable (including potentiometers), other than heating resistors: | — | In materials other than ceramic or glass, not exceeding 2 kg per unit in weight, excluding parts | ex C. | Printed circuits: | — | In materials other than ceramic or glass, not exceeding 2 kg per unit in weight | 1 212 000 units | |
| ANNEX XXXI | |
| List provided for in Article 365 of the Act of Accession | |
| CCT heading No | Description | |
| 09.03 | Mate | |
| 15.06 | Other animal oils and fats (including neat's-foot oil and fats from bones or waste) | |
| 15.08 | Animal and vegetable oils, boiled, oxidised, dehydrated, sulphurized, blown or polymerized by heat in vacuum or in inert gas, or otherwise modified | |
| 15.10 | Fatty acids; acid oils from refining; fatty alcohols: | C. | Other fatty acids; acid oils from refining | |
| 15.15 | Spermaceti, crude, pressed or refined, whether or not coloured; beeswax and other insect waxes, whether or not coloured: | A. | Spermaceti; crude, pressed or refined, whether or not coloured | |
| 17.04 | Sugar confectionery, not containing cocoa | |
| 18.03 | Cocoa paste (in bulk or in block), whether or not defatted | |
| 18.04 | Cocoa butter (fat or oil) | |
| 18.05 | Cocoa powder, unsweetened | |
| 18.06 | Chocolate and other food preparations containing cocoa | |
| 19.02 | Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa | |
| 19.03 | Macaroni, spaghetti and similar products | |
| 19.04 | Tapioca and sago; tapioca and sago substitutes obtained from potato or other starches | |
| 19.05 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products) | |
| 19.07 | Bread, ships' biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products | |
| 19.08 | Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion | |
| 21.02 | Extracts, essences or concentrates, of coffee, tea or mate and preparations with a basis of those extracts, essences or concentrates; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof | |
| 21.03 | Mustard flour and prepared mustard | |
| 21.04 | Sauces; mixed condiments and mixed seasonings | |
| 21.05 | Soups and broths, in liquid, solid or powder form: homogenised composite food preparations | |
| 21.06 | Natural yeasts (active or inactive); prepared baking powders: | A. | Active natural yeasts | C. | Prepared baking powders | |
| 21.07 | Food preparations not elsewhere specified or included: | A. | Cereals in grain or ear form, pre-cooked or otherwise prepared | B. | Ravioli, macaroni, spaghetti and similar products, not stuffed, cooked; the foregoing preparations, stuffed, whether or not cooked | C. | Ice-cream (not including ice-cream powder) and other ices | D. | Prepared yoghourt; prepared milk, in powder form, for use as infants' food or for dietetic or culinary purposes | E. | Cheese fondues | G. | Other | |
| 22.01 | Waters, including spa waters and aerated waters; ice and snow: | A. | Spa waters, natural or artificial; aerated waters | |
| 22.02 | Lemonade, flavoured spa waters and flavoured aerated waters, and other non-alcoholic beverages, not including fruit and vegetable juices falling within heading No 20.07 | |
| 22.03 | Beer made from malt | |
| 22.06 | Vermouths, and other wines of fresh grapes flavoured with aromatic extracts | |
| 22.08 | Ethyl alcohol or neutral spirits, undenatured, of an alcoholic strength of 80 % vol or higher; denatured spirits (including ethyl alcohol and neutral spirits) of any strength: | ex A. | Denatured spirits (including ethyl alcohol and neutral spirits) of any strength: | — | Excluding alcohol obtained from the agricultural products listed in Annex II to the EEC Treaty | B. | Ethyl alcohol or neutral spirits, undenatured, of an alcoholic strength of 80 % vol or higher | |
| 22.09 | Spirits (other than those of heading No 22.08); liqueurs and other spirituous beverages; compound alcoholic preparations (known as ‘concentrated extracts’) for the manufacture of beverages: | A. | Spirits (other than those of heading No 22.08), in containers holding | ex I. | Two litres or less: | — | excluding alcohol obtained from the agricultural products listed in Annex II to the EEC Treaty | ex II. | More than two litres: | — | excluding alcohol obtained from the agricultural products listed in Annex II to the EEC Treaty | B. | Compound alcoholic preparations (known as ‘concentrated extracts’) for the manufacture of beverages | C. | Spirituous beverages: | II. | Gin | III. | Whisky | IV. | Vodka, with an alcoholic strength of 45,4 % vol or less and plum, pear or cherry spirit (excluding liqueurs) | V. | Other | |
| 24.02 | Manufactured tobacco; tobacco extracts and essences | |
| 28.01 | Halogens (fluorine, chlorine, bromine and iodine): | B. | Chlorine | |
| ex 28.16 | Ammonia, anhydrous or in aqueous solution: | — | Liquefied ammonia | |
| 28.17 | Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); peroxides of sodium or potassium: | A. | Sodium hydroxide (caustic soda) | |
| 28.27 | Lead oxides; red lead and orange lead | |
| 28.31 | Hypochlorites; commercial calcium hypochlorite; chlorites; hypobromites: | ex C. | Other: | — | Calcium hypochlorite, including commercial calcium hypochlorite | |
| 28.32 | Chlorates and perchlorates; bromates and perbromates; iodates and periodates: | A. | Chlorates: | ex I. | Of ammonium; of sodium; of potassium: | — | Of sodium | B. | Perchlorates: | II. | Of sodium | |
| 28.42 | Carbonates and percarbonates; commercial ammonium carbonate containing ammonium carbamate: | A. | Carbonates: | II. | Of sodium | |
| 28.45 | Silicates; commercial sodium and potassium silicates: | ex B. | Other: | — | Of sodium | |
| 28.54. | Hydrogen peroxide (including solid hydrogen peroxide) | |
| 29.01 | Hydrocarbons: | A. | Acyclic: | ex I. | For use as power or heating fuels: | — | Excluding acetylene | ex II. | For other purposes: | — | Excluding acetylene | B. | Cyclanes and cyclenes: | I. | Azulene and its alkyl derivatives | II. | Other: | ex a) | For use as power or heating fuels: | — | Excluding decahydronaphthalene | ex b) | For other purposes: | — | Excluding decahydronaphthalene | C. | Cycloterpenes | D. | Aromatic: | I. | Benzene, toluene and xylenes | II. | Styrene | III. | Ethylbenzene | IV. | Cumene (isopropylbenzene) | ex V. | Napthalene and anthracene: | — | Anthracene | VI. | Biphenyl and terphenyls | ex VII. | Other: | — | Excluding tetrahydronaphthalene | |
| 29.16 | Carboxylic acids with alcohol, phenol, aldehyde or ketone function and other single or complex oxygen-function carboxylic acids and their anhydrides, halides, peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives: | A. | Carboxylic acids with alcohol function: | ex III. | Tartaric acid and its salts and esters: | — | Tartaric acid | |
| 29.39 | Hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones | |
| 29.43 | Sugars, chemically pure, other than sucrose, glucose and lactose; sugar ethers and sugar esters, and their salts, other than products of heading Nos 29.39, 29.41 and 29.42: | ex B. | Other: | — | Levulose | — | Levulose salts and esters | — | Sorbose and its salts and esters | |
| 29.44 | Antibiotics: | ex A. | Penicillins: | — | Excluding those requiring more than 15,3 kg of white sugar to produce one kilogram | B. | Chloramphenicol (INN) | C. | Other antibiotics | |
| 30.03 | Medicaments (including veterinary medicaments): | A. | Not put up in forms or in packings of a kind sold by retail: | II. | Other | B. | Put up in forms or in packings of a kind sold by retail: | II. | Other: | a) | Containing penicillin, streptomycin or their derivatives | ex b) | Other: | — | Containing antibiotics or their derivatives other than those listed under subheading B. II. a); insulin, gold salts for the treatment of tuberculosis, organo-arsenous products for the treatment of syphilis and products for the treatment of leprosy | |
| 31.02 | Mineral or chemical fertilizers, nitrogenous: | A. | Natural sodium nitrate | ex C. | Other: | — | Excluding ammonium nitrate in packages of a gross weight of not less than 45 kg, calcium nitrate having a nitrogen content of not more than 16 %, calcium nitrate and magnesium nitrate | |
| 31.03 | Mineral or chemical fertilizers, phosphatic: | A. | Mentioned in Note 2 (A) to this Chapter: | I. | Superphosphates | ex B. | Mentioned in Note 2 (B) or (C) to this Chapter: | — | Single, double and triple superphosphates, whether or not mixed with other calcium phosphates or non-fertilizing products | |
| 31.05 | Other fertilizers; goods of the present Chapter in tablets, lozenges and similar prepared forms or in packings of a gross weight not exceeding 10 kg: | A. | Other fertilizers | |
| 32.09 | Varnishes and lacquers; distempers; prepared water pigments of the kind used for finishing leather; paints and enamels; pigments dispersed in linseed oil, white spirit, spirits of turpentine or other media of a kind used in the manufacture of paints or enamels; stamping foils; dyes or other colouring matter in forms or packings of a kind sold by retail; solutions as defined by Note 4 to this Chapter: | A. | Varnishes and lacquers; distempers; prepared water pigments of the kind used for finishing leather; paints and enamels; pigments dispersed in linseed oil, white spirit, spirits of turpentine or other media of a kind used in the manufacture of paints or enamels; solutions as defined by Note 4 to this Chapter: | I. | Pearl essence | ex II. | Other: | — | Excluding non-precious metals in paste form used in the manufacture of paints | ex B. | Stamping foils: | — | Common metal-based | C. | Dyes or other colouring matter in forms or packings of a kind sold by retail | |
| 32.12 | Glaziers' putty; grafting putty; painters' fillings; non-refractory surfacing preparations; stopping, sealing and similar mastics, including resin mastics and cements | |
| 32.13 | Writing ink, printing ink and other inks: | B. | Printing ink | C. | Other inks | |
| 35.06 | Prepared glues not elsewhere specified or included; products suitable for use as glues put up for sale by retail as glues in packages not exceeding a net weight of 1 kg | |
| ex 37.03 | Sensitized paper, paperboard and cloth, unexposed or exposed but not developed: | — | Printing paper | |
| 38.19 | Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: | Q. | Foundry core binders based on synthetic resins | ex X. | Other: | — | D-Glucitol (sorbitol) cracking products | — | Other | |
| 39.01 | Condensation, polycondensation and polyaddition products, whether or not modified or polymerized and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones): | C. | Other: | I. | Phenoplasts: | a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter | ex b) | In other forms: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | II. | Aminoplasts: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding products for mounding | ex b) | In other forms: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | III. | Alkyds and other polyesters: | ex a) | In one of the forms mentioned in Note 3 (d) to this Chapter: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | ex b) | Other: | — | Alkyd resins | ex IV. | Polyamides: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | ex V. | Polyurethanes: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | ex VI. | Silicones: | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | ex VII. | Other: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, neither rigid nor spongy, weighing more than 160 g/m2, not printed | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | I. | Polyethylene: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding products for moulding | ex b) | In other forms: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex II. | Polytetrahaloethylenes: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex III. | Polysulphohaloethylenes: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex IV. | Polypropylene: | — | In one of the forms mentioned in Note 3 (a) and b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex V. | Polyisobutylene: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | VI. | Polystyrene and copolymers of styrene: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding products for moulding | ex b) | In other forms: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | VII. | Polyvinyl chloride: | a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter | ex b) | In other forms: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex VIII. | Polyvinylidene chloride; copolymers of vinylidene chloride with vinyl chloride: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex IX. | Polyvinyl acetate: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex X. | Copolymers of vinyl chloride with vinyl acetate: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex XI. | Polyvinyl alcohols, acetals and ethers: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | ex XII. | Acrylic polymers, methacrylic polymers and acrylo-methacrylic copolymers: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter, excluding products for moulding | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | XIII. | Coumarone resins, indene resins and coumarone-indene resins | XIV. | Other polymerization or copolymerization products: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Excluding products for moulding | ex b) | In other forms: | — | Plates, sheet or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives based on resin emulsions | |
| 39.03 | Regenerated cellulose; cellulose nitrate, cellulose acetate and other cellulose esters, cellulose ethers and other chemical derivatives of cellulose, plasticized or not (for example, collodions, celluloid); vulcanized fibre: | A. | Adhesive strips of a width not exceeding 10 cm, the coating of which consists of unvulcanized natural or synthetic rubber | B. | Other: | I. | Regenerated cellulose: | b) | Other: | ex 1. | Sheets, film or strip, coiled or not, of a thickness of less than 0,75 mm: | — | Of a weight not exceeding 160 g/m2, not printed | — | Adhesives | ex 2. | Other: | — | Plates, sheet or strip, of a weight not exceeding 160 g/m2, not printed | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Adhesives | II. | Cellulose nitrates: | b) | Plasticized: | 1. | With camphor or otherwise (for example, celluloid): | ex aa) | Film in rolls or in strips, for cinematography or photography: | — | Of celluloid | — | Other, rigid, weighing more than 160 g/m2, whether or not printed | — | Of a weight not exceeding 160 g/m2, not printed | ex bb) | Other: | — | Plates, sheets, strips or tubes, of celluloid | — | Other plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, of a weight not exceeding 160 g/m2, whether or not printed | — | Adhesives | III. | Cellulose acetates | b) | Plasticized: | ex 2. | Film in rolls or in strips, for cinematography or photography: | — | Of a weight not exceeding 160 g/m2, not printed | — | Rigid, weighing more than 160 g/m2, whether or not printed | ex 3. | Sheets, film or strip, coiled or not, of a thickness of less than 0,75 mm: | — | Of a weight not exceeding 160 g/m2, not printed | — | Adhesives | 4. | Other: | ex bb) | Other: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, of a weight not exceeding 160 g/m2, not printed | — | Adhesives | IV. | Other cellulose esters: | b) | Plasticized: | ex 2. | Film in rolls or in strips, for cinematography or photography: | — | Rigid, weighing more than 160 g/m2, whether or not printed | — | Of a weight not exceeding 160 g/m2, not printed | ex 3. | Sheets, film or strip, coiled or not, of a thickness of less than 0,75 mm: | — | Of a weight not exceeding 160 g/m2, not printed | — | Adhesives | 4. | Other: | ex bb) | Other: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, of a weight not exceeding 160 g/m2, not printed | — | Adhesives | V. | Cellulose ethers and other chemical derivatives of cellulose: | b) | Plasticized: | 2. | Other: | ex aa) | Ethylcellulose: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, of a weight not exceeding 160 g/m2, not printed | — | Adhesives | ex bb) | Other: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed | — | Plates, sheets or strip, of a weight not exceeding 160 g/m2, not printed | — | Adhesives | ex VI. | Vulcanized fibre: | — | Plates, sheets or strip, rigid, weighing more than 160 g/m2, whether or not printed, of artificial plastic materials | |
| 39.07 | Articles of materials of the kinds described in heading Nos 39.01 to 39.06: | B. | Other: | ex I. | Of regenerated cellulose: | — | Excluding: artificial sausage casings; floor coverings; fans and hand screens, comprising sheets of plastic materials and frames and handles of all materials, except for precious metals; corset busks and similar supports for articles of apparel or clothing accessories | ex II. | Of vulcanized fibre: | — | Excluding: fans and hand screens comprising sheets of plastic materials and frames and handles of all materials, except for precious metals; corset busks and similar supports for articles of apparel or clothing accessories | ex III. | Of hardened proteins: | — | Excluding: artificial sausage casings; fans and hand screens comprising sheets of plastic materials and frames and handles of all materials, except for precious metals | ex IV. | Of chemical derivatives of rubber: | — | Excluding: floor coverings; fans and hand screens, comprising sheets of plastic materials and frames and handles of all materials except for precious metals; corset busks and similar supports for articles of apparel or clothing accessories | V. | Of other materials: | a) | Spools, reels and similar supports for photographic and cinematographic film or for tapes, films and the like falling within heading No 92.12 | ex d) | Other: | — | Excluding: artificial sausage casings; floor coverings | |
| 40.02 | Synthetic rubber latex; pre-vulcanized synthetic rubber latex; synthetic rubber; factice derived from oils | |
| 40.08 | Plates, sheets, strip, rods and profile shapes, of unhardened vulcanized rubber: | A. | Plates, sheets and strip: | ex II. | Other: | — | Excluding adhesives | |
| ex 40.10 | Transmission, conveyor or elevator belts or belting, of vulcanized rubber: | — | Excluding transmission belts or belting, of trapezoidal cross-section | |
| 40.11 | Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds: | ex A. | Solid or cushion tyres and interchangeable tyre treads: | — | Interchangeable tyre treads weighing up to 20 kg each | B. | Other: | ex I. | Pneumatic tyres for use on civil aircraft: | — | Weighing up to 20 kg each | ex II. | Other: | — | Weighing up to 20 kg each | |
| 40.12 | Hygienic and pharmaceutical articles (including teats), of unhardened vulcanized rubber, with or without fittings of hardened rubber | |
| 40.13 | Articles of apparel and clothing accessories (including gloves), for all purposes, of unhardened vulcanized rubber: | A. | Gloves, including mittens | ex B. | Articles of apparel and clothing accessories: | — | Excluding: corsets, belts and the like: airtight and watertight clothing for divers | |
| 40.14 | Other articles of unhardened vulcanized rubber: | B. | Other: | ex I. | Of expanded foam or sponge rubber: | — | Excluding tobacco-pouches | ex II. | Other: | — | Excluding tobacco-pouches | |
| 42.02 | Travel goods (for example, trunks, suit-cases, hat-boxes, travelling-bags, rucksacks), shopping-bags, handbags, satchels, brief-cases, wallets, purses, toilet-cases, tool-cases, tobacco-pouches, sheaths, cases, boxes (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar containers, of leather or of composition leather, of vulcanized fibre, of artificial plastic sheeting, of paperboard or of textile fabric | |
| 44.14 | Wood sawn lengthwise, sliced or peeled but not further prepared, of a thickness not exceeding 5 mm; veneer sheets and sheets for plywood, of a thickness not exceeding 5 mm | |
| 44.18 | Reconstituted wood, being wood shavings, wood chips, sawdust, wood flour or other ligneous waste agglomerated with natural or artificial resins or other organic binding substances, in sheets, blocks or the like | |
| 48.01 | Paper and paperboard (including cellulose wadding), in rolls or sheets: | B. | Cigarette paper | C. | Kraft paper and kraft board | D. | Paper weighing not more than 15 g/m2 for use in stencil making | E. | Hand-made paper and paperboard | ex F. | Other: | — | Excluding: printing paper of any colour, of a minimum mechanical pulp content of 60 %, of a weight of 40 to 80 g/m2, for the printing of periodicals or books, put up in reels; paper and paperboard for electrical insulation; paper and paperboard of a weight of up to 300 g/m2, manufactured mechanically, for the manufacture of sandpaper; cellulose wadding | |
| 48.03 | Parchment or greaseproof paper and paperboard, and imitations thereof, and glazed transparent paper, in rolls or sheets | |
| 48.04 | Composite paper or paperboard (made by sticking flat layers together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets | |
| 48.05 | Paper and paperboard, corrugated (with or without flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets | |
| 48.07 | Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter within Chapter 49), in rolls or sheets | |
| 48.08 | Filter blocks, slabs and plates, of paper pulp | |
| 48.10 | Cigarette paper, cut to size, whether or not in the form of booklets or tubes | |
| 48.11 | Wallpaper and lincrusta; window transparencies of paper | |
| 48.12 | Floor coverings prepared on a base of paper or of paperboard, whether or not cut to size, with or without a coating of linoleum compound | |
| 48.13 | Carbon and other copying papers (including duplicator stencils) and transfer papers, cut to size, whether or not put up in boxes | |
| 48.14 | Writing blocks, envelopes, letter cards, plain postcards, correspondence cards; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing only an assortment of paper stationery | |
| 48.15 | Other paper and paperboard, cut to size or shape | |
| 48.16 | Boxes, bags and other packing containers, of paper or paperboard; box files, letter trays and similar articles, of paper or paperboard, of a kind commonly used in offices, shops and the like | |
| 48.18 | Registers, exercise books, note books, memorandum blocks, order books, receipt books, diaries, blotting-pads, binders (loose-leaf or other), file covers and other stationery of paper or paperboard; sample and other albums and book covers, of paper or paperboard | |
| 48.19 | Paper or paperboard labels, whether or not printed or gummed | |
| 48.20 | Bobbins, spools, cops and similar supports of paper pulp, paper or paperboard (whether or not perforated or hardened) | |
| 48.21 | Other articles of paper pulp, paper, paperboard or cellulose wadding | |
| ex 49.01 | Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: | — | Books bound otherwise than in paper, excluding: meteorological or scientific atlases; communications, theses, dissertations and reports on scientific, literary or artistic subjects published by official bodies or cultural institutions, printed in any language; dictionaries in two or more languages, including Portuguese; books printed on Portuguese territory and returning thereto; books bound otherwise than in paper, provided that the binding does not contain leather, printed exclusively in foreign languages or originating in Portuguese-speaking countries and printed exclusively in Portuguese, or originating in Macao and printed exclusively in Portuguese or Chinese or both languages | |
| 49.03 | Children's picture books and painting books | |
| 49.07 | Unused postage, revenue and similar stamps of current or new issue in the country to which they are destined; stamp-impressed paper; banknotes, stock, share and bond certificates and similar documents of title; cheque books: | C. | Other: | ex II. | Other: | — | Cheque books and the like; stock, share and bond certificates and similar documents of title, not signed or numbered | |
| 49.09 | Picture postcards, Christmas and other picture greeting cards, printed by any process, with or without trimmings | |
| 49.10 | Calendars of any kind, of paper of paperboard, including calendar blocks | |
| 49.11 | Other printed matter, including printed pictures and photographs: | A. | Sheets (not being trade advertising material), not folded, merely with illustrations or pictures not bearing a text or caption, for editions of books or periodicals which are published in different countries in one or more languages | ex B. | Other: | — | Printed pictures and photographs; trade or tourist advertising books, bound otherwise than in paper, excluding those printed on Portuguese territory and returning thereto and those bound otherwise than in paper, provided that the binding does not contain leather, printed exclusively in foreign languages or originating in Portuguese-speaking countries and printed exclusively in Portuguese or originating in Macao and printed exclusively in Portuguese or Chinese or both languages; other, excluding meteorological and scientific charts; communications, theses, dissertations and reports on scientific, literary and artistic subjects not falling under heading No 49.01, published by official bodies or cultural institutions, printed in any language and trade and tourist advertising books, bound or in sheets | |
| 51.01 | Yarn of man-made fibres (continuous), not put up for retail sale | |
| 51.04 | Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02 | |
| 53.06 | Yarn of carded sheep's or lambs' wool (woollen yarn), not put up for retail sale | |
| 53.07 | Yarn of combed sheep's or lambs' wool (worsted yarn), not put up for retail sale | |
| 53.10 | Yarn of sheep's or lambs' wool, or horsehair or of other animal hair (fine or coarse), put up for retail sale | |
| 53.11 | Woven fabrics of sheep's or lambs' wool or of fine animal hair | |
| 55.05 | Cotton yarn, not put up for retail sale | |
| 55.06 | Cotton yarn, put up for retail sale | |
| 55.08 | Terry towelling and similar terry fabrics, of cotton | |
| 55.09 | Other woven fabrics of cotton | |
| 56.01 | Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning: | ex A. | Synthetic textile fibres: | — | With the exception of polyester | |
| 56.02 | Continuous filament tow for the manufacture of man-made fibres (discontinuous): | A. | Of synthetic textile fibres | |
| 56.03 | Waste (including yarn waste and pulled or garnetted rags) of man-made fibres (continuous or discontinuous), not carded, combed or otherwise prepared for spinning: | A. | Of synthetic textile fibres | |
| 56.04 | Man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning: | A. | Synthetic textile fibres | |
| 56.05 | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale | |
| 56.07 | Woven fabrics of man-made fibres (discontinuous or waste) | |
| 57.06 | Yarn of jute or of other textile bast fibres of heading No 57.03 | |
| 57.07 | Yarn of other vegetable textile fibres; paper yarn: | ex D. | Other: | — | Yarn of sisal | |
| 57.10 | Woven fabrics of jute or of other textile bast fibres of heading No 57.03 | |
| 58.01 | Carpets, carpeting and rugs; knotted (made up or not) | |
| 58.02 | Other carpets, carpeting, rugs, mats and matting and ‘Kelem’, ‘Schumacks’ and ‘Karamanie’ rugs and the like (made up or not) | |
| 58.03 | Tapestries, hand-made, of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point and cross stitch) made in panels and the like by hand | |
| 58.04 | Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05) | |
| 58.05 | Narrow woven fabrics, and narrow fabrics (bolduc) consisting of warp without weft assembled by means of an adhesive, other than goods falling within heading No 58.06 | |
| 58.06 | Woven labels, badges and the like, not embroidered, in the piece, in strips or cut to shape or size | |
| 58.07 | Chenille yarn (including flock chenille yarn), gimped yarn (other than metallized yarn of heading No 52.01 and gimped horsehair yarn); braids and ornamental trimmings in the piece; tassels, pompons and the like | |
| 58.08 | Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics); plain | |
| 58.09 | Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figures; hand or mechanically made lace, in the piece, in strips or in motifs | |
| 58.10 | Felt and articles of felt, whether or not impregnated or coated | |
| 59.02 | Felt and articles of felt, whether or not impregnated or coated: | ex A. | Felt in the piece or simply cut to rectangular shape: | — | Rugs, carpets and runners | ex B. | Other: | — | Rugs, carpets and runners | |
| 59.03 | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated: | A. | Carpets and other floor coverings | ex B. | Other: | — | In the piece | |
| 59.04 | Twine, cordage, ropes and cables, plaited or not | |
| 59.05 | Nets and netting made of twine, cordage or rope, and made up fishing nets of yarn, twine, cordage or rope | |
| 59.08 | Textile fabrics impregnated, coated, covered or laminated with preparations of cellulose derivatives or of other artificial plastic materials | |
| 59.10 | Linoleum and materials prepared on a textile base in a similar manner to linoleum, whether or not cut to shape or of a kind used as floor coverings; floor coverings consisting of a coating applied on a textile base, cut to shape or not | |
| ex 59.12 | Textile fabrics otherwise impregnated or coated; painted canvas being theatrical scenery, studio back-cloths or the like: | — | Oilcloth and other oiled textile fabrics or fabrics covered with an oil-based coating weighing more than 1 400 g/m2 | — | Impregnated or coated textile fabrics of a weight not exceeding 1 400 g/m2 | |
| 59.13 | Elastic fabrics trimmings (other than knitted or crocheted goods) consisting of textile materials combined with rubber threads | |
| 60.01 | Knitted or crocheted fabric, not elastic or rubberized | |
| 60.02 | Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized | |
| 60.04 | Under garments, knitted or crocheted, not elastic or rubberized | |
| 60.05 | Outer garments and other articles, knitted or crocheted, not elastic or rubberized | |
| 61.01 | Men's and boys' outer garments | |
| 61.02 | Women's, girls' and infants' outer garments | |
| 61.03 | Men's and boys' under garments, including collars, shirt fronts and cuffs | |
| 61.04 | Women's, girls' and infants' under garments | |
| 61.05 | Handkerchiefs | |
| 61.06 | Shawls, scarves, mufflers, mantillas, veils and the like | |
| 61.09 | Corsets, corset-belts, suspender-belts, brassieres, braces, suspenders, garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic | |
| 62.01 | Travelling rugs and blankets | |
| 62.02 | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles | |
| 62.03 | Sacks and bags, of a kind used for the packing of goods | |
| 64.01 | Footwear with outer soles and uppers of rubber or artificial plastic material | |
| 64.02 | Footwear with outer soles of leather or composition leather; footwear (other than footwear falling within heading No 64.01) with outer soles of rubber or artificial plastic material | |
| 64.03 | Footwear with outer soles of wood or cork | |
| 64.04 | Footwear with outer soles of other materials | |
| 64.05 | Parts of footwear, removable in-soles, hose protectors and heel cushions, of any material except metal | |
| 66.01 | Umbrellas and sunshades (including walking-stick umbrellas, umbrella tents, and garden and similar umbrellas) | |
| 68.02 | Worked monumental or building stone, and articles thereof (including mosaic cubes), other than goods falling within heading No 68.01 or within Chapter 69 | |
| 68.04 | Hand polishing stones, whetstones, oilstones, hones and the like, and millstones, grindstones, grinding wheels and the like (including grinding, sharpening, polishing, trueing and cutting wheels, heads, discs and points), of natural stone (agglomerated or not), of agglomerated natural or artificial abrasives, or of pottery, with or without cores, shanks, sockets, axles and the like of other materials, but without frameworks; segments and other finished parts of such stones and wheels, of natural stone (agglomerated or not), of agglomerated natural or artificial abrasives, or of pottery: | B. | Other: | I. | Of agglomerated abrasives: | ex a) | Made of natural or synthetic diamonds: | — | Artificial, excluding millstones, etc. | ex b) | Other: | — | Artificial, excluding millstones, etc. | ex II. | Other: | — | Artificial, excluding millstones, etc. | |
| 68.06 | Natural or artificial abrasive powder or grain, on a base of woven fabric, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up | |
| 69.02 | Refractory bricks, blocks, tiles and similar refractory constructional goods, other than goods falling within heading No 69.01 | |
| 69.08 | Glazed setts, flags and paving, hearth and wall tiles | |
| 69.10 | Sinks, wash basins, bidets, water closet pans, urinals, baths and like sanitary fixtures | |
| 69.11 | Tableware and other articles of a kind commonly used for domestic or toilet purposes, of porcelain or china (including biscuit porcelain and parian) | |
| 69.12 | Tableware and other articles of a kind commonly used for domestic or toilet purposes, of other kinds of pottery | |
| 69.13 | Statuettes and other ornaments, and articles of personal adornment; articles of furniture: | ex A. | Common pottery: | — | Excluding articles of personal adornment | ex B. | Porcelain or china: | — | Excluding articles of personal adornment | ex C. | Other: | — | Excluding articles of personal adornment | |
| 69.14 | Other articles | |
| 70.04 | Unworked cast or rolled glass (including flashed or wired glass), whether figured or not, in rectangles: | ex B. | Other: | — | Of a thickness greater than 5 mm but no greater than 10 mm | |
| ex 70.05 | Unworked drawn or blown glass (including flashed glass), in rectangles: | — | Of a thickness no greater than 3 mm | |
| ex 70.06 | Cast, rolled, drawn or blown glass (including flashed or wired glass), in rectangles, surface ground or polished, but not further worked: | — | Not wired, of a thickness no greater than 5 mm | |
| 70.08 | Safety glass consisting of toughened or laminated glass, shaped or not | |
| ex 70.13 | Glassware (other than articles falling in heading No 70.19) of a kind commonly used for table, kitchen, toilet or office purposes, for indoor decoration, or for similar uses: | — | Excluding articles made of glass with a low coefficient of expansion | |
| 70.14 | Illuminating glassware, signalling glassware and optical elements of glass, not optically worked nor of optical glass | |
| ex 70.21 | Other articles of glass: | — | Of coloured, matt, engraved, irisated, cut, marbled, opaque, opaline or painted glass, or of moulded glass with hollows or protruding parts | |
| 71.05 | Silver including silver gilt and platinum-plated silver, unwrought or semi-manufactured: | ex B. | Bars, rods, wires and sections; plates, sheets and strips: | — | Wire; other, beaten or rolled | D. | Foil of a thickness, excluding any backing, not exceeding 0,15 mm | |
| 71.16 | Imitation jewellery: | ex A. | Of base metal: | — | Watch straps, other articles of jewellery wholly or partially silvered, gilded or platinum-plated or plated with other metals of the platinum group | |
| 73.07 | Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel; pieces roughly shaped by forging, of iron or steel: | A. | Blooms and billets: | II. | Forged | B. | Slabs and sheet bars (including tinplate bars): | II. | Forged | C. | Pieces roughly shaped by forging | |
| 73.10 | Bars and rods (including wire rod), of iron or steel, hot-rolled, forged, extruded cold-formed or cold-finished, (including precision-made); hollow mining drill steel: | A. | Not further worked than hot-rolled or extruded: | I. | Wire rod (ECSC) | ex II. | Bars and rods (ECSC): | — | Twisted concrete reinforcing bars for construction purposes, not further worked than hot-rolled | — | Of round section, of a diameter not more than 170 mm, not further worked than hot-rolled | — | Of square section, of which the side does not exceed 170 mm | — | Of rectangular section, of a width not more than 300 mm and of a thickness equal or less than 60 mm, not further worked than hot rolled | — | Other, of which the transversal section may fit within a circle of a diameter of 170 mm or less, not further worked than not-rolled | B. | Not further worked than forged | C. | Not further worked than cold-formed or cold-finished | D. | Clad or surface-worked (for example, polished, coated): | I. | Not further worked than clad: | ex a) | Hot-rolled or extruded (ECSC): | — | Of round section, of a diameter not more than 170 mm, not further worked than clad or hot-rolled | — | Of square section, of which the side does not exceed 170 mm | — | Of rectangular section, of a width not more than 300 mm and of a thickness equal to or less than 60 mm, not further worked than clad or hot-rolled | — | Other, of which the transversal section may fit within a circle of a diameter of 170 mm or less, not further worked than clad or hot-rolled | b) | Cold-formed or cold-finished | II. | Other | |
| 73.11 | Angles, shapes and sections, of iron or steel, hot-rolled, forged, extruded, cold-formed or cold-finished sheet piling of iron or steel, whether or not drilled, punched or made from assembled elements: | A. | Angles, shapes and sections: | ex I. | Not further worked than hot-rolled or extruded | — | Angles with equal or unequal flanges, of which the broadest flange does not exceed 200 mm in width, not further worked than hot-rolled | — | T sections, of a height of not more than 180 mm, not further worked than hot-rolled | — | I or H sections, of a height not more than 340 mm, not further worked than hot-rolled | — | U sections, of a height not more than 320 mm, not further worked than hot-rolled | II. | Not further worked than forged | III. | Not further worked than cold-formed or cold-finished | IV. | Clad or surface-worked (for example, polished, coated): | a) | Not further worked than clad: | ex 1. | Hot-rolled or extruded (ECSC): | — | Angles with equal or unequal flanges, of which the broadest flange does not exceed 200 mm in width, not further worked than rolled | — | T sections, of a height of not more than 180 mm, not further worked than hot-rolled | — | I or H sections, of a height not more than 340 mm, not further worked than clad or hot-rolled | — | U sections, of a height not more than 320 mm, not further worked than clad or hot-rolled | 2. | Cold-formed or cold-finished | b) | Other | |
| 73.12 | Hoop and strip, of iron or steel, hot-rolled or cold-rolled: | B. | Not further worked than cold-rolled: | II. | Other | C. | Clad, coated or otherwise surface-treated: | I. | Silvered, gilded or platinum-plated | II. | Enamelled | III. | Tinned: | b) | Other | IV. | Zinc-coated or lead-coated | V. | Other (for example, copper-plated, artificially oxidized, lacquered, nickel-plated, varnished, clad, parkerized, printed): | a) | Not further worked than clad: | 2. | Cold-rolled | b) | Other | D. | Otherwise shaped or worked (for example, perforated, chamfered, lap-jointed) | |
| 73.13 | Sheets and plates, of iron or steel, hot-rolled or cold-rolled: | A. | ‘Electrical’ sheets and plates: | ex I. | With a watt-loss, regardless of thickness, of 0,75 watt or less (ECSC): | — | Cold-rolled | ex II. | Other (ECSC) | — | Cold-rolled | B. | Other sheets and plates: | II. | Not further worked than cold-rolled, of a thickness of: | b) | More than 1 mm but less than 3 mm (ECSC) | c) | 1 mm or less (ECSC) | ex III. | Not further worked than burnished, polished or glazed (ECSC): | — | Cold-rolled | IV. | Clad, coated or otherwise surface-treated: | a) | Silvered, gilded, platinum-plated or enamelled | ex d) | Other (for example, copper-plated, artificially oxidized, lacquered, nickel-plated, varnished, clad, parkerized, printed) (ECSC): | V. | Otherwise shaped or worked: | a) | Cut into shapes other than rectangular shapes, but not further worked: | 1. | Silvered, gilded, platinum-plated or enamelled | ex 2. | Other (ECSC) | — | Cold-rolled | b) | Other, excluding sheets and plates shaped by rolling | |
| ex 73.14 | Iron or steel wire, whether or not coated, but not insulated: | — | Without textile coating | |
| 73.15 | Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14: | A. | High carbon steel: | ex VIII. | Wire, whether or not coated, but not insulated: | — | Without textile coating, not coated with other metals and not consisting of alloy steel containing, by weight, one or more elements in the following proportions: | 2 % or more of silicon, 2 % or more of manganese, 2 % or more of chromium, 2 % or more of nickel, 0,3 % or more of molybdenum, 0,3 % or more of vanadium, 0,5 % or more of tungsten, 0,5 % or more of cobalt, 0,3 % or more of aluminium, 1 % or more of copper | B. | Alloy steel: | ex VIII. | Wire, whether or not coated, but not insulated: | — | Without textile coating, not coated with other metals and not consisting of alloy steel containing, by weight, one or more elements in the following proportions: | 2 % or more of silicon, 2 % or more of manganese, 2 % or more of chromium, 2 % or more of nickel, 0,3 % or more of molybdenum, 0,3 % or more of vanadium, 0,5 % or more of tungsten, 0,5 % or more of cobalt, 0,3 % or more of aluminium, 1 % or more of copper | |
| 73.18 | Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high-pressure hydro-electric conduits | |
| ex 73.21 | Structures and parts of structures (for example, hangars and other buildings, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, door and window frames, shutters, balustrades, pillars and columns), of iron or steel; plates, strip, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: | — | Excluding lock-gates for hydraulic plant | |
| ex 73.24 | Containers, of iron or steel, for compressed or liquefied gas: | — | Welded, with a capacity not exceeding 300 litres | |
| 73.25 | Stranded wire, cables, cordage, ropes, plaited bands, slings and the like, of iron or steel wire, but excluding insulated electric cables: | ex B. | Other: | — | Excluding closed or semi-closed carrying cables for cable cars and reinforcing cables for prestressed concrete | |
| 73.26 | Barbed iron or steel wire; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of kinds used for fencing, of iron or steel | |
| 73.27 | Gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials, of iron or steel wire; expanded metal, of iron or steel: | A. | Gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials | |
| ex 73.29 | Chain and parts thereof, of iron or steel: | — | Articulated link chain of ‘Galle’, ‘Renold’ or ‘Morse’ type, of a pitch not exceeding 2 cm, excluding key chains | |
| 73.31 | Nails, tacks, staples, hook-nails, corrugated nails, spiked cramps, studs, spikes and drawing pins, of iron or steel, whether or not with heads of other materials, but not including such articles with heads of copper | |
| 73.32 | Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, screws (including screw hooks and screw rings), rivets, cotters, cotter-pins and similar articles, of iron or steel; washers (including spring washers) of iron or steel: | A. | Not threaded or tapped: | ex I. | Screws, nuts, rivets and washers, turned from bars, rods, angles, shapes, sections or wire, of solid section, of a shank thickness or hole diameter not exceeding 6 mm: | — | Excluding articles for fixing rails and screws; rivets | ex II. | Other: | — | Excluding articles for fixing rails and screws; rivets | B. | Threaded or tapped: | I. | Screws and nuts, turned from bars, rods, angles, shapes, sections or wire, of solid section, of a shank thickness or hole diameter not exceeding 6 mm | ex II. | Other: | — | Excluding articles for fixing rails | |
| 73.33 | Needles for hand sewing (including embroidery), hand carpet needles and hand knitting needles, bodkins, crochet hooks, and the like, and embroidery stilettos, of iron or steel | |
| ex 73.35 | Springs and leaves for springs, of iron or steel: | — | Leaf-springs for vehicles, excluding those for railway rolling stock | — | Spiral springs, of wire or bars, of a diameter greater than 8 mm or of rectangular bars the smallest side of which measures more than 8 mm | |
| ex 73.36 | Stoves (including stoves with subsidiary boilers for central heating), ranges, cookers, grates, fires and other space heaters, gas-rings, plate warmers with burners, wash boilers with grates or other heating elements, and similar equipment, of a kind used for domestic purposes, not electrically operated, and parts thereof, of iron or steel: | — | Of refined, rolled or forged iron or steel, excluding ranges | |
| ex 73.37 | Boilers (excluding boilers of heading No 84.01) and radiators, for central heating, not electrically heated, and parts thereof, of iron or steel; air heaters and hot air distributors (including those which can also distribute cool or conditioned air), not electrically heated, incorporating a motor-driven fan or blower, and parts thereof, of iron or steel: | — | Of refined, rolled or forged iron or steel | |
| 73.38 | Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: | B. | Other: | I. | Sinks and wash basins and parts thereof, of stainless steel | ex II. | Other: | — | Excluding iron or steel wool, pot scourers and scouring or polishing pads, gloves and the like | |
| 73.40 | Other articles of iron or steel: | A. | Of cast iron | ex B. | Other: | — | Excluding corset busks and similar supports, of steel, for articles of apparel or clothing accessories | |
| 74.03 | Wrought bars, rods, angles, shapes and sections, of copper; copper wire | |
| ex 74.07 | Tubes and pipes and blanks therefor, of copper; hollow bars of copper: | — | Excluding those unworked, painted, varnished, enamelled or otherwise prepared (including Mannesmann tubes and tubes obtained by swaging), whether or not with sockets or flanges, but not otherwise worked, of a wall-thickness greater than 1 mm and with a maximum interior cross-section of more than 80 mm | |
| 74.18 | Other articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of copper | |
| ex 74.19 | Other articles of copper: | — | Excluding the following articles: | — | Pins, sliding rings and hairpins, excluding ornamental pins, thimbles and fittings for belts, corsets and braces | — | Reservoirs, tanks, vats and similar containers, for any material (other than compressed or liquefied gas) of a capacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment | — | Chain and parts thereof | |
| 76.04 | Aluminium foil (whether or not embossed, cut to shape, perforated, coated, printed, or backed with paper or other reinforcing material), of a thickness (excluding any backing) not exceeding 0,20 mm | |
| 76.06 | Tubes and pipes and blanks therefor, of aluminium; hollow bars of aluminium | |
| 76.08 | Structures and parts of structures (for example, hangars and other buildings, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, door and window frames, balustrades, pillars and columns), of aluminium; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of aluminium | |
| 76.12 | Stranded wire, cables, cordage, ropes, plaited bands and the like, of aluminium wire, but excluding insulated electric wires and cables | |
| 76.15 | Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of aluminium | |
| 82.01 | Hand tools, the following: spades, shovels, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; scythes, sickles, hay knives, grass shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry | |
| 82.02 | Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades): | A. | Saws (non-mechanical) | B. | Saw blades: | I. | Bandsaw blades | ex III. | Other: | — | Handsaw blades | |
| 82.03 | Hand tools, the following: pliers (including cutting pliers), pincers, tweezers, tinmen's snips, bolt croppers and the like; perforating punches; pipe cutters; spanners and wrenches (but not including tap wrenches); files and rasps | |
| 82.04 | Hand tools, including glaziers' diamonds, not falling within any other heading of this Chapter; blow lamps, anvils; vices and clamps, other than accessories for, and parts of, machine tools; portable forges; grinding wheels with frameworks (hand or pedal operated) | |
| 82.05 | Interchangeable tools for hand tools, for machine tools or for power-operated hand tools (for example, for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire drawing, extrusion dies for metal, and rock drilling bits with a working part of: | ex A. | Base metal: | — | Excluding drills | ex B. | Metal carbides: | — | Excluding drills | ex C. | Diamond or agglomerated diamond: | — | Excluding drills | ex D. | Other materials: | — | Excluding drills | |
| 82.09 | Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within heading No 82.06, and blades therefor | |
| ex 82.12 | Scissors and blades therefor: | — | Excluding tailors' shears | |
| 82.13 | Other articles of cutlery (for example, secateurs, hair clippers, butchers' cleavers, paper knives); manicure and chiropody sets and appliances (including nail files) | |
| 82.14 | Spoons, forks, fish-eaters, butter knives, ladles, and similar kitchen or tableware | |
| 82.15 | Handles of base metal for articles falling within heading No 82.09, 82.13 or 82.14 | |
| 83.01 | Locks and padlocks (key, combination or electrically operated), and parts thereof, of base metal; frames incorporating locks, for handbags, trunks or the like, and parts of such frames, of base metal; keys for any of the foregoing articles, of base metal | |
| 83.02 | Base metal fittings and mountings of a kind suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, caskets and the like (including automatic door closers); base metal hat-racks, hat-pegs, brackets and the like | |
| 83.06 | Statuettes and other ornaments of a kind used indoors, of base metal; photograph, picture and similar frames, of base metal; mirrors of base metal: | A. | Statuettes and other ornaments of a kind used indoors | |
| ex 83.09 | Clasps, frames with clasps for handbags and the like, buckles, buckleclasps, hooks, eyes, eyelets, and the like, of base metal, of a kind commonly used for clothing, travel goods, handbags or other textile or leather goods; tubular rivets and bifurcated rivets, of base metal; beads and spangles, of base metal: | — | Excluding beads and spangles | |
| 83.13 | Stoppers, crown corks, bottle caps, capsules, bung covers, seals and plombs, case corner protectors and other packing accessories, of base metal | |
| 83.15 | Wire, rods, tubes, plates, electrodes and similar products, of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying | |
| ex 84.01 | Steam and other vapour generating boilers (excluding central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers: | — | Excluding parts thereof | |
| 84.06 | Internal combustion piston engines: | C. | Other engines: | I. | Spark ignition engines of a cylinder capacity of: | a) | 250 cm3 or less: | ex 2. | Other: | — | Of a power of 25 kW or less and for auto-cycles of a cylinder capacity of no more than 50 cm3 | b) | More than 250 cm3: | ex 1. | For the industrial assembly of: | Agricultural walking tractors of subheading 87.01 A, | Motor vehicles for the transport of persons, including vehicles designed for the transport of both passengers and goods, with a seating capacity of less than 15, | Motor vehicles for the transport of goods or materials, with an engine of a cylinder capacity of less than 2 800 cm3 | Special purpose motor vehicles of heading No 87.03: | — | Of a power of 25 kW or less | 2. | Other: | ex bb) | Other: | — | Of a power of 25 kW or less | II. | Compression ignition engines: | ex a) | Marine propulsion engines: | — | Of a power of 25 kW or less | b) | Other: | ex 1. | For the industrial assembly of: | Agricultural walking tractors of subheading 87.01 A, | Motor vehicles for the transport of persons, including vehicles designed for the transport of both passengers and goods, with a seating capacity of less than 15, | Motor vehicles for the transport of goods or materials, with an engine of a cylinder capacity of less than 2 500 cm3, | Special purpose motor vehicles of heading No 87.03: | — | Of a power of 25 kW or less | ex 2. | Other: | — | Of a power of 25 kW or less | D. | Parts: | II. | Of other engines: | ex a) | For aircraft: | — | Liner-cylinders, cylinder liners, piston pins, pistons and piston rings | ex b) | Other: | — | Liner-cylinders, cylinder liners, piston pins, pistons and piston rings | |
| 84.07 | Hydraulic engines and motors (including water wheels and water turbines): | B. | Other hydraulic engines and motors | |
| 84.10 | Pumps (including motor pumps and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band and similar kinds: | ex A. | Delivery pumps fitted, or designed to be fitted, with a measuring device: | — | Parts | B. | Other pumps: | II. | Other: | ex a) | Pumps: | — | Excluding pumps for sprinklers and submersible pumps with motor attached, without ceramic or rubber lining, weighing not more than 1 000 kg each | b) | Parts | C. | Liquid elevators of bucket, chain, screw, band and similar kinds | |
| 84.11 | Air pumps, vacuum pumps and air or gas compressors (including motor and turbo pumps and compressors, and free-piston generators for gas turbines); fans, blowers and the like: | C. | Fans, blowers and the like: | ex II. | Other: | — | Weighing not more than 200 kg each, excluding parts | |
| 84.15 | Refrigerators and refrigerating equipment (electrical and other): | C. | Other: | ex I. | Refrigerators of a capacity of more than 340 litres: | — | Weighing more than 200 kg each | ex II. | Other: | — | Excluding equipment mounted on a common base or with interdependent elements, for freezers and cupboards and other items of furniture imported with their own freezing equipment weighing not more than 200 kg, and parts thereof | |
| ex 84.16 | Calendering and similar rolling machines (other than metal-working and metal-rolling machines and glass-working machines) and cylinders therefor: | — | Excluding calendering machines with up to three cylinders or weighing not more than 5 000 kg each and rolling machines for the rubber and food industries; parts for machines under this heading | |
| 84.17 | Machinery, plant and similar laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, not being machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electrical: | ex A. | Machinery and equipment for the manufacture of the products mentioned in subheading 28.51 A (Euratom): | — | Driers heated by steam or hot air weighing not more than 5 000 kg each and parts thereof | ex B. | Machinery and equipment specially designed for the separation of irradiated nuclear fuels, for the treatment of radio-active waste or for the recycling of irradiated nuclear fuels (Euratom): | — | Driers heated by steam or hot air weighing not more than 5 000 kg each and parts thereof | C. | Heat exchange units: | ex II. | Other: | — | Parts | D. | Percolators and other appliances for making coffee and other hot drinks: | ex I. | Electrically heated: | — | Parts | ex II. | Other: | — | Parts | E. | Medical and surgical sterilizing apparatus: | ex I. | Electrically heated: | — | Parts | ex II. | Other: | — | Driers heated by steam or hot air weighing not more than 5 000 kg each and parts thereof | F. | Other: | ex I. | Water heaters, non-electric: | — | For domestic use | ex II. | Other: | — | Driers heated by steam or hot air weighing not more than 5 000 kg each and parts thereof | |
| ex 84.20 | Weighing machinery (excluding balances of a sensitivity of 5 cg or better) including weight-operated counting and checking machines; weighing machine weights of all kinds: | — | Weighing machines, including automatic and semi-automatic balances, weighing not more than 250 kg each, excluding parts thereof | |
| 84.22 | Lifting, handling, loading or unloading machinery, telphers and conveyors (for example, lifts, hoists, winches, cranes, transporter cranes, jacks, pulley tackle, belt conveyors and teleferics), not being machinery falling within heading No 84.23: | B. | Other: | ex I. | Machinery and mechanical appliances specially designed for dealing with highly radioactive substances (Euratom): | — | Excluding winches, hoists and pulley tackle, and all parts thereof | ex II. | Self-propelled cranes on wheels, not capable of running on rails: | — | Excluding parts | ex III. | Rolling-mill machinery; roller tables for feeding and removing products; tilters and manipulators for ingots, balls, bars and slabs: | — | Excluding parts | ex IV. | Other: | — | Excluding winches, hoists and pulley tackle, jacks for vehicles, and all parts thereof | |
| ex 84.24 | Agricultural and horticultural machinery for soil preparation or cultivation (for example, ploughs, harrows, cultivators, seed and fertilizer distributors); lawn and sports ground rollers: | — | Mould boards and ploughshares, excluding those of cast iron and steel, slades, discs, skim coulters, blade-shaped and disc-shape coulters, for ploughs; teeth for cultivators and scarifiers, discs for sprayers; weeding, ridging and furrowing implements, for weeding machines | |
| ex 84.27 | Presses, crushers and other machinery, of a kind used in wine-making, cider-making, fruit juice preparation or the like: | — | Continuous crushing and stalk-removing machines and presses for grapes, excluding parts thereof | |
| 84.31 | Machinery for making or finishing cellulosic pulp, paper or paperboard: | A. | For making paper or paperboard | ex B. | Other: | — | Excluding ruling machines weighing not more than 2 000 kg each | |
| 84.36 | Machines for extruding man-made textiles; machines of a kind used for processing natural or man-made textile fibres; textile spinning and twisting machines; textile doubling, throwing and reeling (including weft-winding) machines | |
| 84.37 | Weaving machines, knitting machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net; machines for preparing yarns for use on such machines, including warping and warp sizing machines; | ex A. | Weaving machines: | — | Non-automatic and automatic machines weighing not more than 2 500 kg each and excluding automatic machines for cotton | ex B. | Knitting machines: | — | Flat | ex C. | Machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net: | — | Machines weighing not more than 2 500 kg each | |
| ex 84.38 | Auxiliary machinery for use with machines of heading No 84.37 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of the present heading or with machines falling within heading No 84.36 or 84.37 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-lifters and hosiery needles): | — | Excluding continuous spinning machines (grooved beams weighing not more than 2,5 kg each; spindles, pressure cylinders, and shafts and tension pulleys for driving belts for spindles, with ball, roller or needle bearings); toothed iron or steel bands for card clothing; extruding nipples of precious metal | |
| 84.40 | Machinery for washing, cleaning, drying, bleaching, dyeing, dressing, finishing or coating textile yarns, fabrics or made-up textile articles (including laundry and dry-cleaning machinery); fabric folding, reeling or cutting machines; machines of a kind used in the manufacture of linoleum or other floor coverings for applying the paste to the base fabric or other support; machines of a type used for printing a repetitive design, repetitive words or overall colour on textiles, leather, wallpaper, wrapping paper, linoleum or other materials, and engraved or etched plates, blocks or rollers therefor: | B. | Clothes-washing machines, each of a dry linen capacity not exceeding 6 kg; domestic wringers: | ex I. | Electrically operated: | — | For clothes-washing, excluding parts | ex II. | Other: | — | For clothes-washing, excluding parts | ex C. | Other: | — | Clothes-washing machines, excluding parts | — | Machinery for dyeing textile yarns, excluding parts | |
| 84.45 | Machine-tools for working metal or metal carbides, not being machines falling within heading No 84.49 or 84.50 | |
| 84.47 | Machine-tools for working wood, cork, bone, ebonite (vulcanite), hard artificial plastic materials or other hard carving materials, other than machines falling within heading No 84.49 | |
| 84.48 | Accessories and parts suitable for use solely or principally with the machines falling within heading Nos 84.45 to 84.47, including work and tool holders, self-opening dieheads, dividing heads and other appliances for machine-tools; tool holders for any type of tool or machine-tool for working in the hand | |
| 84.51 | Typewriters, other than typewriters incorporating calculating mechanisms; cheque-writing machines; | A. | Typewriters | |
| ex 84.56 | Machinery for sorting, screening, separating, washing, crushing, grinding or mixing earth, stone, ores or other mineral substances, in solid (including powder and paste) form; machinery for agglomerating, moulding or shaping solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand: | — | Grinders weighing not more than 5 000 kg each; granulators and crushers, with or without selector sieves, weighing not more than 5 000 kg each; fixed or moveable cement-mixers weighing not more than 2 000 kg each; excluding parts of the machinery mentioned | |
| 84.59 | Machines and mechanical appliances, having individual functions, not falling within any other heading of this Chapter: | ex A. | For the manufacture of the products mentioned in subheading 28.51 A (Euratom): | — | Hydraulic presses weighing not more than 5 000 kg each and presses with mechanical transmission weighing not more than 1 000 kg each, excluding parts thereof | ex C. | Specially designed for the recycling of irradiated nuclear fuels (for example, sintering of radioactive metal oxides, sheathing) (Euratom): | — | Hydraulic presses weighing not more than 5 000 kg each and presses with mechanical transmission weighing not more than 1 000 kg each, excluding parts thereof | E. | Other: | ex II. | Other machines and mechanical appliances: | — | Hydraulic presses weighing not more than 5 000 kg each and presses with mechanical transmission weighing not more than 1 000 kg each | |
| ex 84.60 | Moulding boxes for metal foundry; moulds of a type used for metal (other than ingot moulds), for metal carbides, for glass, for mineral materials (for example, ceramic pastes, concrete or cement) or for rubber or artificial plastic materials: | — | Moulds for machine work | |
| 84.61 | Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats and the like, including pressure reducing valves and thermostatically controlled valves | |
| ex 84.62 | Ball, roller or needle roller bearings: | — | Bearing with row of balls, in which balls are not detachable manually, or in which the row of balls is not separable, or in which the faces of the two rings are aligned in the same plane, of which the external diameter is more than 36 mm but not more than 72 mm; excluding parts | |
| 84.63 | Transmission shafts, cranks, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), flywheels, pulleys and pulley blocks, clutches and shaft couplings: | B. | Other: | ex II. | Other: | — | Reduction gears, step-up gears and speed variators | |
| 85.01 | Electrical goods of the following descriptions: generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors: | A. | The following goods, for use in civil aircraft: | — | Generators, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors | — | Electric motors of an output of not less than 0,75 kW but less than 150 kW | B. | Other machines and apparatus | |
| ex 85.03 | Primary cells and primary batteries: | — | Dry | |
| 85.04 | Electric accumulators: | B. | Other: | I. | Lead-acid accumulators | |
| 85.06 | Electro-mechanical domestic appliances, with self-contained electric motor | |
| 85.12 | Electric instantaneous or storage water heaters and immersion heaters; electric soil heating apparatus and electric space heating apparatus; electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters) and electric smoothing irons; electro-thermic domestic appliances; electric heating resistors, other than those of carbon: | A. | Electric instantaneous or storage water heaters and immersion heaters: | ex II. | Other: | — | Excluding parts | B. | Electric soil heating apparatus and electric space heating apparatus: | ex II. | Other: | — | Excluding parts | ex C. | Electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters): | — | Excluding parts | D. | Electric smoothing irons | E. | Electro-thermic domestic appliances: | ex II. | Other: | — | Hot plates, cooking stoves, ranges, and similar cooking appliances, for domestic use | F. | Electric heating resistors | |
| 85.13 | Electrical line telephonic and telegraphic apparatus (including such apparatus for carrier-current line systems) | |
| 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus: | A. | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras | B. | Other apparatus: | II. | Other | C. | Parts: | II. | Other: | a) | Cabinets and cases | b) | Parts of base metal, turned from bars, rods, angles, shapes, sections or wire, of solid section, the greatest diameter of which does not exceed 25 mm | ex c) | Other: | — | Excluding input radio-frequency tuning units imported by Portuguese manufacturers of television receivers for use in the manufacture of such receivers or for use as spare parts for exports for repairs to receivers manufactured by them | |
| 85.16 | Electric traffic control equipment for railways, roads or inland waterways and equipment used for similar purposes in port installations or upon airfields | |
| 85.18 | Electrical capacitors, fixed or variable: | ex A. | Fixed capacitors, other than electrolytic: | — | Weighing not more than 500 kg each, excluding parts thereof | ex B. | Other: | — | Fixed capacitors weighing not more than 500 kg each, excluding parts thereof | |
| 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels | |
| 85.20 | Electric filament lamps and electric discharge lamps (including infra-red and ultra-violett lamps); arc lamps: | A. | Filament lamps for lighting: | II. | Other | ex B. | Other lamps: | — | For lighting | ex C. | Parts: | — | For electric lamps for lighting | |
| 85.23 | Insulated (including enamelled or anodized) electric wire, cable, bars, strip and the like (including co-axial cable), whether or not fitted with connectors: | B. | Other | |
| ex 87.09 | Motor-cycles, auto-cycles and cycles fitted with an auxiliary motor, with or without side-cars; side-cars of all kinds: | — | Motor-cycles and cycles fitted with a motor, of a cylinder capacity not exceeding 50 cm3 | |
| 87.10 | Cycles (including delivery tricycles), not motorized | |
| 87.12 | Parts and accessories of articles falling within heading No 87.09, 87.10 or 87.11: | ex B. | Other: | — | Invalid carriages, not mechanically propelled | |
| 89.01 | Ships, boats and other vessels not falling within any of the following headings of this Chapter: | ex A. | Warships: | — | Mechanically propelled, excluding air-cushion type | B. | Other: | ex I. | Sea-going vessels: | — | Mechanically propelled, excluding: air-cushion vehicles; vessels designed exclusively for sporting purposes, acquired by legally constituted nautical associations or by members thereof; vessels acquired, for their service, by pilots' corporations | II. | Other: | ex a) | Weighing 100 kg or less each: | — | Mechanically propelled, excluding: air-cushion vehicles; vessels designed exclusively for sporting purposes, acquired by legally constituted nautical associations or by members thereof; vessels acquired, for their service, by pilots' corporations | ex b) | Other: | — | Mechanically propelled, excluding: air-cushion vehicles; vessels designed exclusively for sporting purposes, acquired by legally constituted nautical associations or by members thereof; vessels acquired, for their service, by pilots' corporations | |
| ex 90.03 | Frames and mountings and parts thereof, for spectacles, pince-nez, lorgnettes, goggles and the like: | — | Excluding those of gold | |
| ex 90.04 | Spectacles, pince-nez, lorgnettes, goggles and the like, corrective, protective or other: | — | Excluding those with frames of gold or plated metals or gold-plated or gilt and engineers' protective spectacles | |
| 90.07 | Photographic cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading No 85.20: | ex A. | Photographic cameras: | — | Weighing not more than 20 kg each | B. | Photographic flashlight apparatus and flashbulbs: | ex II. | Other: | — | Weighing not more than 20 kg each | |
| 90.16 | Drawing, marking-out and mathematical calculating instruments, drafting machines, pantographs, drawing sets, slide-rules, disc calculators and the like; measuring or checking instruments, appliances and machines, not falling within any other heading of this Chapter (for example, micrometers, callipers, gauges, measuring rods, balancing machines); profile projectors: | ex A. | Drawing, marking-out and mathematical calculating instruments, drafting machines, pantographs, slide rules, disc calculators and the like: | — | Set-squares, rulers, protractors and French curves | — | Cases of drawing instruments, lengthening bars of compasses, compasses, mathematical drawing pens and the like | |
| 90.24 | Instruments and apparatus for measuring, checking or automatically controlling the flow, depth, pressure or other variables of liquids or gases, or for automatically controlling temperature (for example, pressure gauges, thermostats, level gauges, flow meters, heat meters, automatic ovendraught regulators), not being articles falling within heading No 90.14: | B. | Other: | I. | Manometers | |
| 90.28 | Electrical measuring, checking, analysing or automatically controlling instruments and apparatus | |
| 91.04 | Other clocks: | ex A. | Electric or electronic: | — | For standing or suspending: assembled, weighing more than 500 g; unassembled, regardless of weight | ex B. | Other: | — | For standing or suspending: assembled, weighing more than 500 g; unassembled, regardless of weight | |
| 91.08 | Clock movements, assembled | |
| 92.11 | Gramophones, dictating machines and other sound recorders or reproducers, including record-players and tape decks, with or without sound-heads; television image and sound recorders or reproducers | |
| 92.12 | Gramophone records, and other sound or similar recordings; matrices for the production of records, prepared record blanks, film for mechanical sound recording, prepared tapes, wires, strips and like articles of a kind commonly used for sound or similar recording: | B. | Recorded: | I. | Wax recordings, discs, matrices and other intermediate forms, excluding magnetically recorded tapes: | b) | Other | II. | Other | a) | Records: | 2. | Other | b) | Other recording media (tapes, wires, strips and like articles): | 1. | Magnetically recorded for the scoring of cinematograph film | ex 2. | Other: | — | Excluding those for language teaching | |
| 94.01 | Chairs and other seats (other than those falling within heading No 94.02), whether or not convertible into beds, and parts thereof: | B. | Other | ex I. | Specially designed for aircraft: | — | Excluding those of wood | ex II. | Other: | — | Excluding those of wood, wicker or other vegetable materials | |
| 94.03 | Other furniture and parts thereof: | ex B. | Other furniture: | — | Of base metal | — | Of wood, carved, veneered, waxed, polished or varnished, turned, with mouldings, painted and covered with any materials other than leather or imitations thereof or than fabrics containing silk and man-made textile fibres | — | Of wood, inlaid, lacquered, gilt, with appliqué work of fine wood, decorated with metal or other materials and covered with leather and imitations thereof or with fabrics containing silk and man-made textile fibres | — | Of other materials, other than wicker and other vegetable materials | |
| 97.02 | Dolls | |
| 97.03 | Other toys; working models of a kind used for recreational purposes: | ex A. | Of wood: | — | Excluding Meccano-type construction parts and other educational toys of a technical or scientific nature | ex B. | Other: | — | Excluding Meccano-type construction parts and other educational toys of a technical or scientific nature | |
| 98.01 | Buttons and button moulds, studs, cuff-links, and press-fasteners, including snap-fasteners and press-studs; blanks and parts of such articles: | ex A. | Blanks and moulds: | — | Excluding cuff-links, collar-studs and shirt-studs and other such articles of faience, glass, silk or other textile fibres | ex B. | Buttons, studs, cuff-links and press-fasteners and parts thereof: | — | Excluding cuff-links, collar-studs and shirt-studs and other such articles of faience, glass, silk or other textile fibres | |
| 98.02 | Slide fasteners and parts thereof: | ex A. | Slide fasteners with scoops of base metal; parts thereof, of base metal: | — | Excluding parts | ex B. | Other: | — | Excluding parts | |
| 98.03 | Fountain pens, stylograph pens and pencils (including ball point pens and pencils) and other pens, pen-holders, pencil-holders and similar holders, propelling pencils and sliding pencils; parts and fittings thereof, other than those falling within heading No 98.04 or 98.05: | ex A. | Fountain pens and stylograph pens and pencils (including ball point, felt tipped and fibre tipped pens and pencils): | — | Stylograph pens and ball-point pencils | ex B. | Other pens, pen-holders; propelling pencils and sliding pencils; pencil-holders and similar holders: | — | Stylograph pens and ball-point pencils | C. | Parts and fittings: | ex I. | Parts of base metal, turned from bars, rods, angles, shapes, sections or wire, of solid section: | — | Of stylograph pens and ball-point pencils | ex II. | Other: | — | Of stylograph pens and ball-point pencils | |
| ex 98.08 | Typewriter and similar ribbons, whether or not on spools; ink-pads, with or without boxes: | — | Ribbons on reels, for immediate use | |
| 98.10 | Mechanical lighters and similar lighters, including chemical and electrical lighters, and parts thereof, excluding flints and wicks | |
| ex 98.12 | Combs, hair-slides and the like: | — | Of artificial plastic materials and of vulcanite | |
| 28.03 | Carbon (including carbon black) | |
| 29.15 | Polycarboxylic acids and their anhydrides, halides, peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives: | C. | Aromatic polycarboxylic acids: | I. | Phthalic anhydride | ex III. | Other: | — | Dibutyl phthalates (ortho) | — | Dioctyl orthophthalates | — | Diisooctyl, diisononyl and diisodecyl phthalates | — | Other esters of phthalic acids: | — | Of diiso-butyl | |
| 32.09 | Varnishes and lacquers; distempers, prepared water pigments of the kind used for finishing leather; paints and enamels; pigments dispersed in linseed oil, white spirit, spirits of turpentine or other media of a kind used in the manufacture of paints or enamels; stamping foils; dyes or other colouring matter in forms or packings of a kind sold by retail; solutions as defined by Note 4 to this Chapter: | A. | Varnishes and lacquers; distempers; prepared water pigments of the kind used for finishing leather; paints and enamels; pigments dispersed in linseed oil, white spirit, spirits of turpentine or other media of a kind used in the manufacture of paints or enamels; solutions as defined by Note 4 to this Chapter: | ex II. | Other: | — | Solutions of polyurethane, as defined by Note 4 to this Chapter | |
| ex 34.02 | Organic surface-active agents, surface-active preparations, and washing preparations, whether or not containing soap: | — | Ethoxylates | — | Sodium dodecan-1-yl sulphate | — | Triethanolamine dodecan-1-yl sulphate | — | Sulphonic acid, sodium alkylbenzenesulphonate and ammonium alkylbenzenesulphonate | — | Mixtures and preparations of sodium sulphate, dodecan-1-yl and triethanolamine sulphate | |
| 38.19 | Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: | ex X. | Other: | — | Refractory coatings of a kind used in foundries to improve the surface of cast-iron pieces | — | Anti-sealing and similar preparations for boilers and for treatment of industrial refrigeration water | |
| 39.01 | Condensation, polycondensation and polyaddition products, whether or not modified or polymerized, and whether or not linear (for example, phenoplasts aminoplasts, alkyds, polyallylesters and other unsaturated polyesters, silicones): | C. | Other: | II. | Aminoplasts: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Urea, resins, modified with furfuryl alcohol, in etherified solutions, used in foundries | III. | Alkyds and other polyesters: | ex b) | Other: | — | Saturated non-allylic polyesters, in one of the forms mentioned in Note 3 (a) and (b) to this Chapter, for the manufacture of polyurethanes | — | Saturated poly(ethylene terephthalate), other than black polymers, in one of the forms mentioned in Note 3 (a) and (b) to this Chapter, prepared for moulding or extrusion | — | Powdered, containing additives and pigments, used for thermosetting coatings or paints | ex V. | Polyurethanes: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter | ex VII. | Other: | — | Resins, other than epoxy, in one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Polyetheralcohols | — | Components of polyurethanes | — | Epoxy(ethoxyline) resins, powdered, containing additives and pigments, used for thermosetting coatings or paints | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | C. | Other: | I. | Polyethylene: | a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter | ex b) | In other forms: | — | Waste and scrap | ex IV. | Polypropylene: | — | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter | — | Waste and scrap | VII. | Polyvinyl chloride: | ex a) | In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | — | Emulsions of resin for the manufacture of pastes | — | In microsuspension | ex X. | Copolymers of vinyl chloride with vinyl acetate: | — | Preparations for the moulding of gramophone records | |
| 40.06 | Unvulcanized natural or synthetic rubber, including rubber latex, in other forms or states (for example, rods, tubes and profile shapes, solutions and dispersions); articles of unvulcanized natural or synthetic rubber (for example, coated or impregnated textile thread, rings and discs): | ex B. | Other: | — | Patches for repairing tubes or tyres | |
| 40.07 | Vulcanized rubber thread and cord, whether or not textile covered, and textile thread covered or impregnated with vulcanized rubber: | ex A. | Vulcanized rubber thread and cord, whether or not textile covered: | — | Uncovered thread, of round cross-section | |
| 56.01 | Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning: | ex A. | Synthetic textile fibres: | — | Of polyesters, with a length of less than 65 mm and tenacity of more than 53 cN/tex | |
| 59.03 | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated: | ex B. | Other: | — | Bonded fibre fabrics and similar bonded yarn fabrics, in the piece or simply cut to rectangular shape, flocked | — | Bonded fibre fabrics and similar bonded yarn fabrics, in the piece or simply cut to rectangular shape, weighing not less than 17 g per m2 and not more than 80 g per m2 | |
| ex 59.12 | Textile fabrics otherwise impregnated or coated; painted canvas being theatrical scenery, studio back-cloths or the like: | — | Flocked | |
| ex 70.06 | Cast, rolled, drawn or blown glass (including flashed or wired glass), in rectangles, surface ground or polished, but not further worked: | — | Float glass, not being wired glass, other than ground but not further worked, more than 2 mm and not more than 10 mm in thickness | |
| 70.20 | Glass fibre (including wool), yarn, fabrics and articles made therefrom: | ex B. | Textile fibre, yarns, fabrics and articles made therefrom: | — | Rovings and mats | |
| 73.13 | Sheets and plates, of iron or steel, hot-rolled or cold-rolled: | B. | Other sheets and plates: | IV. | Clad, coated or otherwise surface-treated: | ex d) | Other (for example, copper-plated, artificially oxidized, lacquered, nickel-plated, varnished, clad, parkerized, printed): | — | Coated with polyvinyl chloride | |
| ex 76.02 | Wrought bars, rods, angles, shapes and sections, of aluminium; aluminium wire: | — | Wire rod | |
| 84.10 | Pumps (including motor pumps and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band and similar kinds: | B. | Other pumps: | II. | Other: | ex a) | Pumps: | — | Centrifugal pumps, submersible, other than metering pumps | |
| 84.12 | Air conditioning machines, self-contained, comprising a motor-driven fan and elements for changing the temperature and humidity of air: | ex B. | Other: | — | Other than parts | |
| 84.15 | Refrigerators and refrigerating equipment (electrical and other): | C. | Other: | ex I. | Refrigerators of a capacity of more than 340 litres: | — | Weighing more than 200 kg each, excluding parts | ex II. | Other: | — | Refrigerators and deep-freeze storage units of the chest or cabinet type, weighing not more than 200 kg each, excluding parts | |
| ex 84.20 | Weighing machinery (excluding balances of a sensitivity of 5 cg or better) including weight-operated counting and checking machines; weighing machine weights of all kinds: | — | Electronic hopper scales or scales for discharging a pre-determined weight of material into a bag or container and other electronic instruments weighing out a constant amount, programmable, excluding parts | — | Electronic machines for weighing and labelling prepacked products, excluding parts | — | Electronic weighbridges with capacities over 5 000 kg, excluding parts | — | Electronic shop scales with digital display, excluding parts | — | Electronic weighing machines and platforms, with digital display, other than personal weighing scales, excluding parts | |
| 84.41 | Sewing machines; furniture specially designed for sewing machines; sewing machine needles: | A. | Sewing machines; furniture specially designed for sewing machines: | ex III. | Parts; furniture specially designed for sewing machines: | — | Sewing machine parts, obtained by sintering | |
| ex 84.42 | Machinery (other than sewing machines) for preparing, tanning or working hides, skins or leather (including boot and shoe machinery): | — | Press-cutters for hides, skins, furskins, or leather excluding parts | |
| 84.53 | Automatic data processing machines and units thereof: magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: | ex B. | Other: | — | Integrated operational digital units comprising, as a set, at least one central unit and one input and output unit, for use in industrial systems for production and distribution and use of electrical energy | — | Modulator/demodulator (Modem) units for data transmission | |
| 84.59 | Machines and mechanical appliances, having individual functions, not falling within any other heading of this Chapter: | E. | Other: | ex II. | Other machines and mechanical appliances: | — | Injection moulding machines, extrusion moulding machines, grinders and blow moulding machines, for the rubber and artificial plastics industry | |
| ex 84.62 | Ball, roller or needle roller bearings: | — | Rings for bearings, obtained by sintering, intended for cycles | |
| 84.63 | Transmission shafts, cranks, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), flywheels, pulleys and pulley blocks, clutches and shaft couplings: | B. | Other: | ex II. | Other: | — | Plain shaft bearings, obtained by sintering: | — | Weighing not more than 500 g each | — | For gears, self-lubricating, of bronze or iron | |
| 85.04 | Electric accumulators: | B. | Other: | ex II. | Other accumulators: | — | Nickel-cadmium accumulators not hermetically closed | |
| 85.17 | Electric sound or visual signalling apparatus (such as bells, sirens, indicator panels, burglar and fire alarms), other than those of heading No 85.09 or 85.16: | ex B. | Other: | — | Excluding burglar, fire and similar alarms and parts | |
| 87.02 | Motor vehicles for the transport of persons, goods or materials (including sports motor vehicles, other than those of heading No 87.09): | A. | For the transport of persons, including vehicles designed for the transport of both passengers and goods: | I. | With either a spark ignition or a compression ignition engine: | ex b) | Other: | — | With four-wheel drive, a ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of more than 1 560 cm3 and less than 2 900 cm3 or a compressed ignition engine of a cylinder capacity of more than 1 980 cm3 and less than 2 500 cm3 | B. | For the transport of goods or materials: | II. | Other: | a) | With either a spark ignition or a compression ignition engine: | 1. | Motor lorries with either a spark ignition engine of a cylinder capacity of 2 800 cm3 or more or a compression ignition engine of a cylinder capacity of 2 500 cm3 or more: | ex bb) | Other: | [— | with four-wheel drive, a ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of less than 2 900 cm3] | 2. | Other: | ex bb) | Other: | — | With four-wheel drive, ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of more than 1 560 cm3 and less than 2 900 cm3 or a compression ignition engine of a cylinder capacity of more than 1 980 cm3 and less than 2 500 cm3 | |
| 87.06 | Parts and accessories of the motor vehicles falling within heading No 87.01, 87.02 or 87.03: | B. | Other: | ex II. | Other: | — | Pistons and rod guides for shock absorbers, obtained by sintering | — | Parts and accessories, obtained by sintering other than parts and accessories for bodies, complete gearboxes, complete rear-axles with differentials, wheels, parts of wheels and wheel accessories, non-driving axles and disc-brake pad assemblies | — | Wheel-balancing weights | |
| 87.12 | Parts and accessories of articles falling within sub-heading 87.09, 87.10 or 87.11: | ex B. | Other: | — | Toothed wheels, obtained by sintering | |
| ex 90.17 | Medical, dental, surgical and veterinary instruments and appliances (including electro-medical apparatus and ophthalmic instruments): | — | Syringes of plastic materials | |
| ANNEX XXXII | |
| List provided for in Article 378 of the Act of Accession | |
| I. CUSTOMS LEGISLATION | |
| 1. Council Directive 69/73/EEC of 4 March 1969 (OJ No L 58, 8. 3. 1969, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 72/242/EEC of 27 June 1972 (OJ No L 151, 5. 7. 1972, p. 16), | |
| — | Council Directive 76/119/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 58), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/89/EEC of 7 February 1983 (OJ No L 59, 5. 3. 1983, p. 1), | |
| — | Council Directive 83/307/EEC of 13 June 1983 (OJ No L 162, 22. 6. 1983, p. 20), as corrected in OJ No L 272, 5. 10. 1983, p. 22, | |
| — | Commission Directive 84/444/EEC of 26 July 1984 (OJ No L 245, 14. 9. 1984, p. 28). | |
| (a) | The Kingdom of Spain is authorized to retain the authorizations for inward processing traffic issued before accession under the conditions subject to which they were granted, until the expiry of their validity but not later than 31 December 1987. | With regard to inward processing traffic carried out in free zones, this derogation shall apply only to the undertakings appearing on the following list. | If conditions of competition are affected by the derogations laid down in the preceding subparagraphs, appropriate measures will be taken under the procedure fixed by that Directive. | Free zone of Vigo | — | Citroen Hispania SA | Authorized by the Ministerial Order of 31 July 1957 for the manufacture of motor vehicles, engines and parts. | — | Industrias Mecánicas de Galicia SA — INDUGASA | Authorized by the Ministerial Order of 29 October 1973 for the manufacture of Hooke's joints for motorcars. | — | Ferroplast SA | Authorized by the Ministerial Order of 8 March 1967 for the manufacture of articles relating to locks and of products made of plastic. | — | Porcelanas de Vigo SA — PO VISA | Authorized by the Ministerial Order of 2 March 1974 for the manufacture of china and ceramic transfers. | Free zone of Barcelona | — | Sociedad Española de Automóviles de Turismo — SEAT | Authorized by the Ministerial Order of 16 April 1952 for the manufacture of passenger vehicles and parts. | — | Motor Ibérica SA — MISA | Authorized by the Ministerial Order of 13 January 1959 for the manufacture of lorries, tractors, agricultural and industrial machinery, engines and parts. | — | Fabricación de Envases Metálicos SA — FEMSA | Authorized by the Ministerial Order of 14 January 1963 for cutting continuous strips intended for the production of the bottoms and sides of drums. | Free zone of Cádiz | — | Factorías Oleícolas Industriales SA — FOISA | Authorized by the Ministerial Order of 23 March 1961 for the refining and mixing of oils, vegetable fats and animal fats. | — | Dragados y Construcciones SA | Authorized by the Ministerial Order of 27 March 1979 for the repair of its own machinery used abroad. | — | Jose Belmonte Sánchez — industria auxiliar del mueble | Authorized by the Ministerial Order of 30 July 1981 for the production of sections of reconstituted wood covered with a PVC film and intended for the manufacture of drawers. | |
| (b) | Notwithstanding Articles 24 and 25, the Kingdom of Spain is authorized to introduce progressively, that is to say in a manner adapted to each individual case, the Community rules applicable in equivalent compensation processing. | The authorizations containing a derogation from Articles 24 and 25 of the Directive referred to above may be issued until 31 December 1987. Any operation undertaken under these authorizations will have to be entirely executed before 1 January 1990. | If the conditions of competition are affected by the derogations provided for in the preceding subparagraphs, appropriate measures shall be taken under the procedure fixed by that Directive. | |
| (c) | The Portuguese Republic is authorized: | — | to retain authorizations for inward processing traffic issued before accession under the conditions subject to which they were granted, | — | to issue authorizations for inward processing traffic after accession under the conditions provided for in the provisions existing in Portugal on 31 December 1985. | In any event, the period of validity of the abovementioned authorizations may not go beyond 31 December 1987. | If conditions of competition are affected by the derogations laid down in the preceding paragraphs, appropriate measures will be taken under the procedure fixed by that Directive. | |
| 2. Council Directive 69/75/EEC of 4 March 1969 (OJ No L 58, 8. 3. 1969, p. 11), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Directive 76/634/EEC of 22 July 1976 (OJ No L 223, 16. 8. 1976, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| The capital equipment installed in Spanish Free Zones before accession by undertakings appearing in the following list and intended to be used in those zones need not comply with the conditions set out in the Directive. | |
| Should the capital equipment referred to in the previous subparagraph no longer be used on those free zones but be definitively imported into the territory of the enlarged Community, the customs duties relevant to them shall apply. | |
| Free zone of Vigo | |
| — | Citroen Hispania SA | Authorized by the Ministerial Order of 31 July 1957 for the manufacture of motor vehicles, engines and parts. | |
| — | Industrias Mecánicas de Galicia SA — INDUGASA | Authorized by the Ministerial Order of 29 October 1973 for the manufacture of Hooke's joints for motor cars. | |
| — | Ferroplast SA | Authorized by the Ministerial Order of 8 March 1967 for the manufacture of articles relating to locks and of products made of plastic. | |
| — | Porcelanas de Vigo SA — POVISA | Authorized by the Ministerial Order of 2 March 1974 for the manufacture of china and ceramic transfers. | |
| Free zone of Barcelona | |
| — | Sociedad Española de Automóviles de Turismo — SEAT | Authorized by the Ministerial Order of 16 April 1952 for the manufacture of passenger vehicles and parts. | |
| — | Motor Ibérica SA — MISA | Authorized by the Ministerial Order of 13 January 1959 for the manufacture of lorries, tractors, agricultural and industrial machinery, engines and parts. | |
| — | Fabricación de Envases Metálicos SA — FEMSA | Authorized by the Ministerial Order of 14 January 1963 for cutting continuous strips intended for the production of the bottoms and sides of drums. | |
| Free zone of Cadiz | |
| — | Factoriás Oleícolas Industriales SA — FOISA | Authorized by the Ministerial Order of 23 March 1961 for the refining and mixing of oils, vegetable fats and animal fats. | |
| — | Dragados y Construcciones SA | Authorized by the Ministerial Order of 27 March 1979 for the repair of its own machinery abroad. | |
| — | José Belmonte Sánchez — Industria auxiliar del mueble | Authorized by the Ministerial Order of 30 July 1981 for the production of sections of reconstituted wood covered with a PVC film and intended for the manufacture of drawers. | |
| 3. Council Directive 71/235/EEC of 11 June 1971 (OJ No L 143, 29. 6. 1971, p. 28), as amended by Council Directive 76/634/EEC of 22 July 1976 (OJ No L 223, 16. 8. 1976, p. 17). | |
| The Kingdom of Spain is authorized to continue, until 31 December 1987, to apply its national legislation with reference to ‘usual forms of handling’ for operations not covered by that Directive. | |
| 4. Council Regulation (EEC) No 754/76 of 25 March 1976 (OJ No L 89, 2. 4. 1976, p. 1). | |
| By way of derogation from Article 16 and until 31 December 1992, in respect of the goods for which the period of application of the transitional measures laid down in the Act concerning the Conditions of Accession of Spain and Portugal to the Communities ends on that date and until 31 December 1995, in respect of other goods, this Regulation shall not apply: | |
| (a) | with regard to the Community as at present constituted, unless the returned goods were previously exported from a Member State of that Community; | |
| (b) | with regard to Spain and Portugal, unless the returned goods were previously exported from the Member State into which they have been reimported. Where an export drawback has been granted on these goods, the arrangements for returned goods shall apply to them only when the drawback has been refunded. | |
| 5. Council Regulation (EEC) No 2102/77 of 20 September 1977 (OJ No L 246, 27. 9. 1977, p. 1) | |
| The Kingdom of Spain and the Portuguese Republic are authorized to use their national export declaration forms until the implementation of Council Regulations (EEC) No 678/85 and (EEC) No 679/85 of 18 February 1985 (OJ No L 79, 21. 3. 1985), it being understood that those declaration forms furnish the same details as those provided for in the forms annexed to Regulation (EEC) No 2102/77. | |
| 6. Council Regulation (EEC) No 3599/82 of 21 December 1982 (OJ No L 376, 31. 12. 1982, p. 1). | |
| The Kingdom of Spain is authorized to retain authorizations for temporary entry issued before accession under the conditions subject to which they are granted until the expiry of their validity but not later than 31 December 1987. | |
| II. RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES | |
| 1. Council Directive 77/780/EEC of 12 December 1977 (OJ No L 322, 17. 12. 1977, p. 30), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17) | |
| (a) | Until 31 December 1992, the new Member States may continue to apply the criterion of economic need referred to in Article 3 (3) (b), in accordance with the provisions laid down by the Directive concerned, due regard being paid to the rule of non-discrimination. | |
| (b) | During a period expiring on 31 December 1992, the Kingdom of Spain shall progressively implement the measures necessary to conform to Article 3 and 4 of the Directive concerned, under the conditions defined below: | — | The present arrangements, under which authorization on the basis of economic need is given in respect of one subsidiary plus two other places of business or one branch plus two other places of business shall be retained. | — | Credit institutions having their principal place of business in another Member State and having at least one subsidiary or branch, set up in Spain before accession or the setting up of which will be authorized after accession, irrespective of the date of such authorization, shall be authorized to set up: | — | as from 1 January 1990, one additional branch, | — | as from 1 January 1991, two additional branches, | — | as from 1 January 1992, two additional branches, | — | as from 1 January 1993, as many branches as they wish, on the same footing as the Spanish credit institutions, due regard being paid to the rule of non-discrimination. | — | The percentage of the resources taken up by the credit institutions referred to above, on the domestic Spanish market outside banking circles, as compared with the assets achieved on the same market, shall be laid down as follows: | — | as from accession, 40 %, | — | as from 1 January 1988, 50 %, | — | as from 1 January 1989, 60 % | — | as from 1 January 1990, 70 % | — | as from 1 January 1991, 80 %, | — | as from 1 January 1992, 90 %, | — | as from 1 January 1993, 100 %, to the exclusion of all discrimination between Spanish credit institutions and the subsidiaries or branches in Spain of credit institutions having their principal place of business in another Member State. | — | Throughout the period of the temporary derogations referred to above, the general or special facilities which result from Spanish legislative provisions or agreements existing before accession between Spain and one or more of the other Member States will be maintained and applied on a non-discriminatory basis with regard to all the other Member States. The treatment which Spain will grant to credit institutions of third countries may not be more favourable than that applicable to credit institutions of the other Member States. | |
| (c) | During a period expiring on 31 December 1992, the Portuguese Republic shall progressively implement the measures necessary for it to conform to Articles 3 and 4 of the Directive concerned, under the following conditions: | — | Credit institutions having their principal place of business in another Member State and having at least one subsidiary or branch set up in Portugal before accession, or the setting up of which will be authorized after accession, irrespective of the date of such authorization, shall be authorized to set up: | — | as from 1 January 1988, one additional branch, | — | as from 1 January 1990, two additional branches, | — | as from 1 January 1993, as many branches as they wish, on the same footing as Portuguese credit institutions, due regard being paid to the rule of non-discrimination. | — | The percentage of the resources taken by the credit institutions referred to above on the domestic Portuguese market outside banking circles, as compared with the assets achieved on the same market, shall be laid down as follows: | — | as from accession, 40 %, | — | as from 1 January 1990, 70 % | — | as from 1 January 1991, 80 % | — | as from 1 January 1993, 100 %, to the exclusion of all discrimination between Portuguese credit institutions and the subsidiaries and branches in Portugal of credit institutions having their principal place of business in another Member State. | |
| (d) | With a view to the application in Portugal of Article 2 (4) (a) of the Directive concerned, the ‘Caixas de Crédito Agrícola Mútuo’ may be exempted from the conditions laid down in the said Article to the extent that they are affiliated on a permanent basis, and at the latest by 1 January 1993, to a central body which controls them and that before that date the Portuguese authorities have introduced into their national law the amendments necessary to enable the central body to meet the characteristics set out in Article 2 (4) (a). | |
| (e) | For the purposes of applying Article 2 (6) of the Directive concerned, the Portuguese Republic may, within six months of accession, give notification of those credit institutions which may qualify for a temporary derogation from the application of the said Directive. The period of that temporary derogation may not extend beyond 1 January 1993. | |
| 2. Council Directive 78/473/EEC of 30 May 1978 (OJ No L 151, 7. 6. 1978, p. 25). | |
| (a) | The Kingdom of Spain may reserve, for insurers established in Spain, for a period expiring on 31 December 1991 and for risks situated on its territory, a share of the co-insurance contracts referred to by the Directive concerned, up to the following percentages, which are on a downward sliding scale, and according to the following timetable: | — | until 31 December 1988, 100 %, | — | as from 1 January 1989, 75 %, | — | as from 1 January 1990, 40 %, | — | as from 1 January 1991, 20 %. | |
| (b) | Throughout the period of the temporary derogations referred to above, the general or special facilities which result from Spanish legislative provisions or Conventions existing before accession between Spain and one or more other Member States will be maintained and applied on a non-discriminatory basis with regard to all the other Member States. The treatment which Spain will grant to insurers of third countries may not be more favourable than that applicable to insurers of the other Member States. | |
| 3. Council Directive 78/686/EEC of 25 July 1978 (OJ No L 233, 24. 8. 1978, p. 1). | |
| Until such time as the training of dental practitioners in Spain under the conditions laid down pursuant to Directive 78/687/EEC is completed and until 31 December 1990 at the latest, freedom of establishment and freedom to provide services shall be deferred for qualified dental practitioners from the other Member States in Spain and for qualified Spanish doctors practising dentistry in the other Member States. | |
| During the temporary derogation provided for above, general or special facilities concerning the right of estabilishment and the freedom to provide services which would exist pursuant to Spanish provisions or Conventions governing relations between the Kingdom of Spain and any other Member State will be maintained and applied on a non-discriminatory basis with regard to all other Member States. | |
| III. TRANSPORT | |
| 1. Council Regulation No 11 of 27 June 1960 (OJ No 52, 18. 6. 1960, p. 1121/60), as amended by Council Regulation (EEC) No 3626/84 of 19 December 1984. (OJ No L 335, 22. 12. 1984, p. 4). | |
| Within six months of their accession the new Member States shall, after consulting the Commission take the measures stipulated pursuant to the last subparagraph of Article 14 (2). | |
| 2. Council Regulation (EEC) No 1017/68 of 19 July 1968 (OJ No L 175, 23. 7. 1968, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| Within six months of their accession, the new Member States shall, after consulting the Commission, take the measures stipulated pursuant to the last sentence of Article 21 (6). | |
| 3. Council Regulation (EEC) No 1191/69 of 26 June 1969 (OJ No L 156, 28. 6. 1969, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17) | |
| The right to compensation provided for in the second subparagraph of Article 6 (3) and in the first subparagraph of Article 9 (2) shall take effect in the new Member States as from 1 January 1987. | |
| 4. Council Regulation (EEC) No 1463/70 of 20 July 1970 (OJ No L 164, 27. 7. 1970, p. 1), as amended by: | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | Council Regulation (EEC) No 1787/73 of 25 June 1973 (OJ No L 181, 4. 7. 1973, p. 1), | |
| — | Council Regulation (EEC) No 2828/77 of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 5), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| (a) | For vehicles registered in Spain for the first time before accession and used for national transport operations other than the transport of dangerous substances, recording equipment shall be installed gradually under the following conditions: | — | For vehicles used for the transport of passengers, the recording equipment must be installed and used respectively during 1986 on vehicles registered for the first time before 1 January 1972, during 1987 on vehicles registered for the first time before 1 January 1977, and during 1988 on vehicles registered for the first time between 1 January 1977 and 1 January 1986. | — | For vehicles used for the transport of goods, other than dangerous substances, the recording equipment must be installed and used respectively during 1986 on vehicles of a maximum authorized weight of 25 tonnes and over, during 1987 on vehicles of a maximum authorized weight of 14 tonnes and over, during 1988 on vehicles of a maximum authorized weight of six tonnes and over, and during 1989 on vehicles having a maximum authorized weight of from 3,5 tonnes up to, but excluding, six tonnes. | |
| (b) | Application of this Regulation shall be postponed in Portugal: | — | until 1 January 1989 for vehicles registered for the first time before accession and engaged in national transport operations other than the transport of dangerous substances, | — | until 1 January 1991 for vehicles registered and driven exclusively in the autonomous regions of the Azores and Madeira. | |
| 5. Council Directive 77/143/EEC of 29 December 1976 (OJ No L 47, 18. 2. 1977, p. 47). | |
| The Portuguese Republic may postpone overall implementation of this Directive until 1 January 1988 for vehicles engaged in international transport operations between Portugal and the other Member States and until 1 January 1990 for vehicles used for national transport operations within Portugal. | |
| The Portuguese Republic shall endeavour to apply the Directive as from accession, step by step, beginning with the oldest vehicles. | |
| As from 1 January 1988, the Portuguese Republic shall give every guarantee that the motor vehicles and their trailers referred to in the said Directive, registered in Portugal and engaged in transport operations between Member States, have actually undergone the roadworthiness test, in particular by linking such test to the issue of permits. | |
| 6. Council Directive 77/796/EEC of 12 December 1977 (OJ No L 334, 24. 12. 1977, p. 37). | |
| For the new Member States, the date fixed in Article 5 (2) shall be 1 January 1983. | |
| IV. TAXATION | |
| 1. Council Directive 72/464/EEC of 19 December 1972 (OJ No L 303, 31. 12. 1972, p. 1), as last amended by Council Directive 84/217/EEC of 10 April 1984 (OJ No L 104, 17. 4. 1984, p. 18). | |
| Notwithstanding Article 4 (2): | |
| (a) | The Kindom of Spain may, by way of transitional measures, progressively align the rate of the proportional excise duty for cigarettes of dark tobacco on that of cigarettes of light tobacco according to the following procedures: | — | application of this transitional measure will be for four years from the date of accession, | — | the elimination of the difference existing, at the date of accession, between the two rates of proportional excise duty shall be achieved in five equal annual instalments on 1 January each year. | |
| (b) | The Portuguese Republic may, until 31 December 1992, derogate from the Community arrangements concerning excise duty on manufactured tobacco, produced and consumed in the autonomous regions of the Azores and Madeira, under the following conditions: | — | The incidences of the excise duty on the cigarettes of the price category most widely sold respectively in mainland Portugal and in the autonomous regions of the Azores and Madeira shall be calculated on the date of accession and communicated to the Commission. | — | Three years after accession the excise duty rates applied in the autonomous regions shall be increased by a third of the difference between the incidences calculated according to the provision in the first indent and shall be increased by a second third, five years after accession. | — | Should the excise duty in mainland Portugal be increased while this derogation is being applied, the rates of the excise duty in force in the autonomous regions of the Azores and Madeira shall be increased by the same proportion. | |
| 2. Council Directive 76/308/EEC of 15 March 1976 (OJ No L 73, 19. 3. 1976, p. 18), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 79/1071/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 10). | |
| Council Directive 77/799/EEC of 19 December 1977 (OJ No L 336, 27. 12. 1977, p. 15), as amended by Council Directive 79/1070/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 8). | |
| Throughout the duration of the temporary derogation enabling the Portuguese Republic to postpone until 1 January 1989 the introduction of the common system of value added tax, the Community mechanisms for the compulsory recovery of claims and for mutual assistance shall be applicable to the turnover tax which will be in force in Portugal. | |
| 3. Sixth Council Directive 77/388/EEC of 17 May 1977 (OJ No L 145, 13. 6. 1977, p. 1), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Eleventh Council Directive 80/368/EEC of 26 March 1980 (OJ No L 90, 3. 4. 1980, p. 41), | |
| — | Tenth Council Directive 84/386/EEC of 31 July 1984 (OJ No L 208, 3. 8. 1984, p. 58). | |
| (a) | For the implementation of Article 24 (2) to (6): | — | the Kingdom of Spain may grant tax exemption to taxable persons whose annual turnover does not exceed the equivalent in national currency of 10 000 ECU at the conversion rate of the day of its accession, | — | the Portuguese Republic may grant tax exemption to taxable persons whose annual turnover does not exceed the equivalent in national currency, respectively, of 15 000 ECU during the first three years following the coming into force for Portugal of the common system of value added tax, and of 10 000 ECU thereafter, at the conversion rate of the day of its accession. The granting of exemption which is higher than the equivalent of 10 000 ECU will give rise to compensation for the calculation of own resources in accordance with Regulation (EEC, Euratom, ECSC) No 2892/77, as amended by Regulation (EEC, Euratom, ECSC) No 3625/83. | |
| (b) | For the application of the provisions in Article 28 (3) (b), the Portuguese Republic shall be authorized to exempt the transactions listed in points 2, 3, 6, 9, 10, 16, 17, 18, 26 and 27 of Annex F. | These exemptions may not have any effect on own resources for which the basis of assessment will have to be reconstituted, in accordance with Regulation (EEC, Euratom, ECSC) No 2892/77, as amended by Regulation (EEC, Euratom, ECSC) No 3625/83. | |
| (c) | Provided that Article 95 of the EEC Treaty is respected, and provided that the necessary measures are taken to avoid any impact on own resources, in accordance with Regulation (EEC, Euratom, ECSC) No 2892/77, as amended by Regulation (EEC, Euratom, ECSC) No 3625/83, the Portuguese Republic may apply exemptions with refund of the tax paid at the preceding stage: | — | In accordance with Article 28 (2), for the food products listed below: | CCT heading No | Description | 02.01 | Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03, or 01.04, fresh, chilled or frozen | 02.02 | Dead poultry (that is to say, fowls, ducks, geese, turkeys and guinea fowls) and edible offals thereof (except liver), fresh, chilled or frozen | 03.01 | Fish, fresh (live or dead), chilled or frozen | 03.02 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: | A. | Dried, salted or in brine: | I. | Whole, headless or in pieces | b) | Cod (Gadus morhua, Boreogadus saida, Gadus ogac) | 03.03 | Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water: | B. | Molluscs: | II. | Mussels | III. | Snails, other than sea snails | IV. | Other | 04.01 | Milk and cream, fresh, not concentrated or sweetened: | A. | Of a fat content, by weight, not exceeding 6 %: | II. | Other | B. | Other | 04.02 | Milk and cream, preserved, concentrated or sweetened | ex 04.04 | ‘Flamengo’ cheeses | 04.05 | Birds' eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not: | A. | Eggs in shell, fresh or preserved | 07.01 | Vegetables, fresh or chilled | 07.02 | Vegetables (whether or not cooked), preserved by freezing | 07.04 | Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in powder, but not further prepared: | 07.05 | Dried leguminous vegetables, shelled, whether or not skinned or split | 08.01 | Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes, guavas and mangosteens, fresh or dried, shelled or not: | B. | Bananas | C. | Pineapples | D. | Avocados | ex 08.02 | Fresh citrus fruit | 08.03 | Figs, fresh or dried: | A. | Fresh | 08.04 | Grapes, fresh or dried: | A. | Fresh | 08.06 | Apples, pears and quinces, fresh | 08.07 | Stone fruit, fresh | 08.08 | Berries, fresh | 08.09 | Other fruit, fresh | 10.06 | Rice | 11.01 | Cereal flours | 15.01 | Lard, other pig fat and poultry fat, rendered or solvent-extracted: | A. | Lard and other pig fat | 15.07 | Fixed vegetable oils, fluid or solid, crude, refined or purified: | A. | Olive oil | 19.02 | Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa: | ex B. | Other: | — | Preparations for infant food | 19.03 | Macaroni, spaghetti and similar products | 19.07 | Bread, ships' biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: | ex D. | Other: | — | Bread | 22.01 | Waters, including spa waters and aerated waters; ice and snow: | ex B. | Other: | — | Waters | — | by way of temporary derogation for five years following the expiry of the period during which introduction of the common system of value added tax may be postponed, for the following farm inputs: | CCT heading No | Description | Chapter 1 | Live animals | 06.01 | Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower | 06.02 | Other live plants, including trees, shrubs, bushes, roots, cuttings and slips | 10.01 | Wheat and meslin (mixed wheat and rye) | 10.02 | Rye | 10.03 | Barley | 10.04 | Oats | 10.05 | Maize | 10.07 | Buckwheat, millet, canary seed, and grain sorghum; other cereals | 12.01 | Oil seeds and oleaginous fruit, whole or broken: | A. | For sowing | ex 12.03 | Seeds, fruit and spores, of a kind used for sowing: | — | Excluding flower seeds | 12.04 | Sugar beet, whole or sliced, fresh, dried or powdered; sugar cane | ex 12.07 | Plants and parts of trees, bushes, shrubs or other plants, being goods of a kind used for insecticidial, fungicidal or similar purposes, fresh or dried, whole, cut, crushed, ground or powdered | 12.09 | Cereal straw and husks, unprepared, or chopped but not otherwise prepared | 12.10 | Mangolds, swedes, fodder roots; hay, lucerne, clover, sainfoin, forage kale, lupines, vetches and similar forage products | 13.03 | Vegetable saps and extracts, pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, derived from vegetable products: | A. | Vegetable saps and extracts: | V. | Of pyrethrum and of the roots of plants containing rotenone | 14.01 | Vegetable materials of a kind used primarily for plaiting (for example, cereal straw, cleaned, bleached or dyed, osier, reeds, rushes, rattans, bamboos, raffia and lime bark): | ex C. | Other: | — | Raffia | 23.01 | Flour and meals, of meat, offals, fish, crustaceans or molluscs, unfit for human consumption; greaves | 23.04 | Oil-cake and other residues (except dregs) resulting from the extraction of vegetable oils | 23.06 | Products of vegetable origin of a kind used for animal food, not elsewhere specified or included | 23.07 | Sweetened forage; other preparations of a kind used in animal feeding | 28.02 | Sulphur, sublimed or precipitated; colloidal sulphur | 28.38 | Sulphates (including alums) and persulphates: | A. | Sulphates (excluding alums): | II. | Of potassium; of copper | VI. | Of iron; of nickel | VIII. | Other | ex 38.11 | Disinfectants, insecticides, fungicides, for use in agriculture | 38.19 | Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: | A. | Fusel oil; dippel's oil | 82.01 | Hand tools, the following: spades, shovels, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; scythes, sickles, hay knives, grass shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry | 82.02 | Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades): | A. | Saws (non-mechanical) | ex 84.10 | Pumps, motor pumps for liquids, used in agriculture | 84.24 | Agricultural and horticultural machinery for soil preparation or cultivation (for example, ploughs, harrows, cultivators, seed and fertilizer distributors); lawn and sports ground rollers | 84.25 | Harvesting and threshing machinery: straw and fodder presses: hay or grass mowers: winnowing and similar cleaning machines for seed, grain or leguminous vegetables and egg-grading and other grading machines for agricultural produce (other than those of a kind used in the bread grain milling industry falling within heading No 84.29) | 84.26 | Dairy machinery (including milking machines) | 84.27 | Presses, crushers and other machinery, of a kind used in wine-making, cider-making, fruit juice preparation or the like | 84.28 | Other agricultural, horticultural, poultry-keeping and bee-keeping machinery; germination plant fitted with mechanical or thermal equipment; poultry incubators and brooders | 84.29 | Machinery of a kind used in the bread grain milling industry, and other machinery (other than farm type machinery) for the working of cereals or dried leguminous vegetables | 87.01 | Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys: | A. | Agricultural walking tractors, with either a spark ignition or a compression ignition engine | B. | Agricultural tractors (excluding walking tractors) and forestry tractors, wheeled | ex 87.06 | Parts and accessories of the motor vehicles falling within subheadings 87.01 A and B | 87.14 | Other vehicles (including trailers), not mechanically propelled, and parts thereof: | ex A. | Animal-drawn vehicles used in agriculture | |
| V. COMMERCIAL POLICY | |
| Council Regulation (EEC) No 288/82 of 5 February 1982 (OJ No L 35, 9. 2. 1982, p. 1), as amended by: | |
| — | Commission Regulation (EEC) No 2303/82, of 18 August 1982 (OJ No L 246, 21. 8. 1982, p. 7), | |
| — | Commission Regulation (EEC) No 2417/82, of 3 September 1982 (OJ No L 258, 4. 9. 1982, p. 8), as corrected in OJ No L 354, 16. 12. 1982, p. 36, | |
| — | Council Regulation (EEC) No 899/82, of 28 March 1983 (OJ No L 103, 21. 4. 1983, p. 1), | |
| as corrected in OJ No L 58, 2. 3. 1982, p. 31, OJ No L 189, 1. 7. 1982, p. 80, OJ No L 260, 8. 9. 1982, p. 16 and OJ No L 351, 11. 12. 1982, p. 35. | |
| In accordance with Article 19, the Kingdom of Spain may retain, in accordance with the practice in force in the Community, after accession, the measures it has taken in order to make the import of the 14 products whether used or new but in poorly maintained condition listed hereafter subject to special authorization. | |
| CCT heading No | Description | |
| 40.11 | Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds: | B. | Other: | ex II. | Other: | — | Inner tubes of the kind used on bicycles or cycles with auxiliary motor | — | Used tyre cases and tubeless tyres | |
| 63.01 | Clothing, clothing accessories, travelling rugs and blankets, household linen and furnishing articles (other than articles falling within heading No 58.01, 58.02 or 58.03), of textile materials, footwear and headgear of any material, showing signs of appreciable wear and imported in bulk or in bales, sacks or similar bulk packings | |
| 73.24 | Containers, of iron or steel, for compressed or liquefied gas | |
| Chapter 84 | Boilers, machinery and mechanical appliances; parts thereof | |
| Chapter 85 | Electrical machinery and equipment; parts thereof | |
| Chapter 86 | Railway and tramway locomotives, rolling stock and parts thereof; railway and tramway track fixtures and fittings; traffic signalling equipment of all kinds (not electrically powered) | |
| Chapter 87 | Vehicles, other than railway or tramway rolling stock, and parts thereof | |
| 89.01 | Ships, boats and other vessels not falling within any of the following headings of this Chapter | |
| 89.02 | Vessels specially designed for towing (tugs) or pushing other vessels | |
| 89.03 | Light-vessels, fire-floats, dredgers of all kinds, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms | |
| 90.17 | Medical, dental, surgical and veterinary instruments and appliances (including electro-medical apparatus and ophthalmic instruments) | |
| Chapter 93 | Arms and ammunition; parts thereof | |
| 97.01 | Wheeled toys designed to be ridden by children (for example, toy bicycles and tricycles and pedal motor cars); dolls' prams and dolls' push chairs | |
| 97.03 | Other toys; working models of a kind used for recreational purposes | |
| VI. SOCIAL POLICY | |
| 1. Council Regulation (EEC) No 2950/83 of 17 October 1983 (OJ No L 289, 22. 10. 1983, p. 1). | |
| For the application of Article 3 with regard to Portugal, the centres already set up at the date of accession will be covered by the same provisions as those laid down in paragraph 2 of the said Article, provided the depreciation calculation is based on the residual value of the vocational training centres. The depreciation for these centres will be regarded as definitively written off on the expiry of the sixth year following the date of accession. | |
| 2. Council Directive 80/1107/EEC of 27 November 1980 (OJ No L 327, 3. 12. 1980, p. 8). | |
| The periods of three and four years laid down pursuant to the first and second subparagraphs respectively of Article 11 (1) run, with respect to the Portuguese Republic, from the accession thereof. | |
| VII. APPROXIMATION OF LEGISLATION | |
| 1. Council Directive 65/65/EEC of 26 January 1965 (OJ No 22, 9. 2. 1965, p. 369), as amended by Council Directive 83/570/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 1). | |
| Council Directive 75/318/EEC of 20 May 1975 (OJ No L 147, 9. 6. 1975, p. 1), as amended by Council Directive 83/570/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 1). | |
| Second Council Directive 75/319/EEC of 20 May 1975 (OJ No L 147, 9. 6. 1975, p. 13), as amended by: | |
| — | Council Directive 78/420/EEC of 2 May 1978 (OJ No L 123, 11. 5. 1978, p. 26), | |
| — | Council Directive 83/570/EEC of 26 October 1983 (OJ No L 332, 28. 11. 1983, p. 1). | |
| Council Directive 78/25/EEC of 12 December 1977 (OJ No L 11, 14. 1. 1978, p. 18), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 81/464/EEC of 24 June 1981 (OJ No L 183, 4. 7. 1981, p. 33). | |
| The Portuguese Republic may postpone until 1 January 1991 the entry into force of the measures necessary for it to conform to the provisions of the Directives in question, concerning proprietary medicinal products. | |
| However, on accession, the Portuguese Republic accepts without repetition, in accordance with the said Directives, preclinical and clinical trials and control tests on each batch of medicinal products carried out in the present Member States. To this end, each batch of medicinal products imported into Portugal must include the official report on the control tests carried out in the Member State of origin. | |
| 2. Council Directive 73/173/EEC of 4 June 1973 (OJ No L 189, 11. 7. 1973, p. 7), as amended by: | |
| — | Council Directive 80/781/EEC of 22 July 1980 (OJ No L 229, 30. 8. 1980, p. 57), | |
| — | Council Directive 80/1271/EEC of 22 December 1980 (OJ No L 375, 31. 12. 1980, p. 70), | |
| — | Commission Directive 82/473/EEC of 10 June 1982 (OJ No L 213, 21. 7. 1982, p. 17). | |
| Until 31 December 1988, the Portuguese Republic may continue to permit the marketing in its territory of dangerous preparations (solvents) whose classification, packaging and labelling do not comply with the conditions required by that Directive but which were being marketed in accordance with the rules in Portugal before accession and are still in stock on the date of accession. | |
| 3. Council Directive 73/241/EEC of 24 July 1973 (OJ No L 228, 16. 8. 1973, p. 23), as amended by: | |
| — | Council Directive 74/411/EEC of 1 August 1974 (OJ No L 221, 12. 8. 1974, p. 17), | |
| — | Council Directive 74/644/EEC of 19 December 1974 (OJ No L 349, 28. 12. 1974, p. 63), | |
| — | Council Directive 75/155/EEC of 4 March 1975 (OJ No L 64, 11. 3. 1975, p. 21), | |
| — | Council Directive 76/628/EEC of 20 July 1976 (OJ No L 223, 16. 8. 1976, p. 1), | |
| — | Council Directive 78/609/EEC of 29 June 1978 (OJ No L 197, 22. 7. 1978, p. 10), | |
| — | Council Directive 78/842/EEC of 10 October 1978 (OJ No L 291, 17. 10. 1978, p. 15), | |
| — | 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 80/608/EEC of 30 June 1980 (OJ No L 170, 3. 7. 1980, p. 33). | |
| Until 31 December 1987, and without prejudice to the possible subsequent inclusion of these products in this Directive, the Kingdom of Spain may continue to authorize the marketing on its internal market of products of the type ‘familiar a la taza’, ‘a la taza’ and ‘familiar lacteado’ under the name of chocolate. | |
| 4. Council Directive 75/726/EEC of 17 November 1975 (OJ No L 311, 1. 12. 1975, p. 40), as amended by: | |
| — | Council Directive 79/168/EEC of 5 February 1979 (OJ No L 37, 13. 2. 1979, p. 27), | |
| — | 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| Until 31 December 1988, the Portuguese Republic may continue to permit the marketing in its territory of fruit juices and nectars of which the composition, the manufacturing characteristics, the packaging and the labelling do not comply with the conditions required by that Directive, but which were being marketed in accordance with the rules in Portugal before accession. | |
| 5. Council Directive 76/118/EEC of 18 December 1975 (OJ No L 24, 30. 1. 1976, p. 49), as amended by: | |
| — | Council Directive 78/630/EEC of 19 June 1978 (OJ No L 206, 29. 7. 1978, p. 12), | |
| — | 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Directive 83/635/EEC of 13 December 1983 (OJ No L 357, 21. 12. 1983, p. 37). | |
| Although this product does not fall within the scope of that Directive and subject to subsequent amendment of the said Directive, the Kingdom of Spain may retain the designation ‘leche concentrada’ for the type of Spanish milk product thus designated. | |
| 6. Council Directive 77/728/EEC of 7 November 1977 (OJ No L 303, 28. 11. 1977, p. 23), as amended by: | |
| — | Commission Directive 81/916/EEC of 5 October 1981 (OJ No L 342, 28. 11. 1981, p. 7), as corrected in OJ No L 357, 12. 12. 1981, p. 23 and No L 78, 24. 3. 1981, p. 28, | |
| — | Council Directive 83/265/EEC of 16 May 1983 (OJ No L 147, 6. 6. 1983, p. 11). | |
| Until 31 December 1988, the Portuguese Republic may continue to permit the marketing in its territory of paints, varnishes, printing inks, adhesives and similar products of which the classification, the packaging and the labelling do not comply with the conditions required by this Directive, but which were being marketed in accordance with the rules in Portugal before accession and are still in stock on the date of accession. | |
| 7. Council Directive 78/611/EEC of 29 June 1978 (OJ No L 197, 22. 7. 1978, p. 19). | |
| During a period expiring not later than 31 December 1986, the Kingdom of Spain is authorized to place upon its market petrols of the quality ‘super’, whose maximum authorized lead content is maintained at a level of 0,60 gram per litre for ‘super’ with a RON of 96 and of 0,65 gram per litre for ‘premium’ with a RON of 98. | |
| During a period expiring not later than 31 December 1987, the Portuguese Republic is authorized to place upon its market petrol of the quality ‘super’, whose maximum authorized lead content is greater than 0,4 gram per litre. | |
| 8. Council Directive 78/631/EEC of 26 June 1978 (OJ No L 206, 29. 7. 1978, p. 13), as amended by: | |
| — | Council Directive 81/187/EEC of 26 March 1981 (OJ No L 88, 2. 4. 1981, p. 29), | |
| — | Commission Directive 84/291/EEC of 18 April 1984 (OJ No L 144, 30. 5. 1984, p. 1). | |
| Until 31 December 1988, the Portuguese Republic may continue to permit the marketing in its territory of dangerous preparations (pesticides), of which the classification, packaging and labelling do not comply with the conditions required by that Directive, but which were being marketed in accordance with the rules in Portugal before accession and are still in stock on the date of accession. | |
| 9. Council Decision 80/372/EEC of 26 March 1980 (OJ No L 90, 3. 4. 1980, p. 45). | |
| For the purposes of applying Article 1 (2) of that Decision to Portugal, 1977 shall be taken as the reference year for calculating the reduction in use of chlorofluorocarbons. | |
| VIII. FISHERIES | |
| 1. Council Regulation (EEC) No 3796/81 of 29 December 1981 (OJ No L 379, 31. 12. 1981, p. 1), as amended by Council Regulation (EEC) No 3655/84 of 19 December 1984 (OJ No L 340, 28. 12. 1984, p. 1). | |
| (a) | By way of derogation from the time limit relating to the expiry of aid referred to in Article 6 (2) (b), Portugal may grant aid, for five years from the date on which they are recognized, to producers' organizations founded within five years of the date of accession of Portugal. | |
| (b) | By way of derogation of Article from the third subparagraph of 21 (3), for a period not beyond 31 December 1988, Portugal will communicate to the Commission information under conditions requiring less detail than those laid down by the Community rules and at periods to be determined in accordance with the procedure laid down in Article 33. | |
| 2. Council Regulation (EEC) No 171/83 of 25 January 1983 (OJ No L 24, 27. 1. 1983, p. 14), as amended by: | |
| — | Council Regulation (EEC) No 2931/83 of 4 October 1983 (OJ No L 288, 21. 10. 1983, p. 1), | |
| — | Council Regulation (EEC) No 1637/84 of 7 June 1984 (OJ No L 156, 13. 6. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2178/84 of 23 July 1984 (OJ No L 199, 28. 7. 1984, p. 1), | |
| — | Council Regulation (EEC) No 2664/84 of 18 September 1984 (OJ No L 253, 21. 9. 1984, p. 1), | |
| — | Council Regulation (EEC) No 3625/84 of 18 December 1984 (OJ No L 335, 22. 12. 1984, p. 3). | |
| The time limit for notification provided for in Article 19 (5) is 1 July 1986. | |
| ANNEX XXXIII | |
| List provided for in Article 391 (1) of the Act of Accession | |
| 1. Transport Committee | |
| Set up by Article 83 of the EEC Treaty and whose Statute was established by the Council Decision of 15 September 1958 (OJ No 25, 27. 11. 1958, p. 509/58), as amended by Council Decision 64/390/EEC of 22 June 1964 (OJ No 102, 29. 6. 1964, p. 1602/64). | |
| 2. European Social Fund Committee | |
| Set up by Article 124 of the EEC Treaty and whose Statute was established by Council Decision 83/517/EEC of 17 October 1983 (OJ No L 289, 22. 10. 1983, p. 42). | |
| 3. Advisory Committee of the Supply Agency (Euratom) | |
| Set up by the Statute of the Agency of 6 November 1958 (OJ No 27, 6. 12. 1958, p. 534/58), as amended by: | |
| — | Council Decision 73/45/Euratom of 8 March 1973 (OJ No L 83, 30. 3. 1973, p. 20), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| 4. Advisory Committee on Freedom of Movement for Workers | |
| Set up by Council Regulation No 15 of 16 August 1961 (OJ No 57, 26.8. 1961, p. 1073/61), as amended by: | |
| — | Council Regulation No 38/64/EEC of 25 March 1964 (OJ No 62, 17. 4. 1964, p. 965/64), | |
| — | Council Regulation (EEC) No 1612/68 of 15 October 1968 (OJ No L 257, 19. 10. 1968, p. 2). | |
| 5. Advisory Committee on Vocational Training | |
| Set up by Council Decision 63/266/EEC of 2 April 1963 (OJ No 63, 20. 4. 1963, p. 1338/63) and whose Statute was adopted by Council Decision 63/688/EEC of 18 December 1963 (OJ No 190, 30.12. 1963, p. 3090/63), as amended by: | |
| — | Council Decision 68/189/EEC of 9 April 1968 (OJ No L 91, 12. 4. 1968, p. 26), | |
| — | the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| 6. Advisory Committee on Social Security for Migrant Workers | |
| Set up by Council Regulation (EEC) No 1408/71 of 14 June 1971 (OJ No L 149, 5. 7. 1971, p. 2), as amended by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6). | |
| 7. Advisory Committee on Safety, Hygiene und Health Protection at Work | |
| Set up by Council Decision 74/325/EEC of 27 June 1974 (OJ No L 185, 9. 7. 1974, p. 15), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17). | |
| 8. Management Board of the European Centre for the Development of Vocational Training | |
| Set up by Council Regulation (EEC) No 337/75 of 10 February 1975 (OJ No L 39, 13. 2. 1975, p. 1). | |
| 9. Administrative Board of the European Foundation for the improvement of living and working conditions | |
| Set up by Council Regulation (EEC) No 1365/75 of 26 May 1975 (OJ No L 139, 30. 5. 1975, p. 1). | |
| 10. Advisory Committee on Medical Training | |
| Set up by Council Decision 75/364 of 16 June 1975 (OJ No L 167, 30. 6. 1975, p. 17). | |
| 11. Advisory Committee on Nursing Training | |
| Set up by Council Decision 77/454/EEC of 27 June 1977 (OJ No L 176, 15. 7. 1977, p. 11). | |
| 12. Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds | |
| Set up by Commission Decision 78/618/EEC of 28 June 1978 (OJ No L 198, 22. 7. 1978, p. 17), as amended by: | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Decision 80/1084/EEC of 7 November 1980 (OJ No L 316, 25. 11. 1980, p. 21). | |
| 13. Advisory Committee on the Training of Dental Surgeons | |
| Set up by Council Decision 78/688/EEC of 25 July 1978 (OJ No L 233, 24. 8. 1978, p. 15). | |
| 14. Advisory Committee on Veterinary Training | |
| Set up by Council Decision 78/1028/EEC of 18 December 1978 (OJ No L 362, 23. 12. 1978, p. 10). | |
| 15. Advisory Committee on the Training of Midwives | |
| Set up by Council Decision 80/156/EEC of 21 January 1980 (OJ No L 33, 11. 2. 1980, p. 13). | |
| 16. Advisory Committee on Equal Opportunities for Women and Men | |
| Set up by Commission Decision 82/43/EEC of 9 December 1981 (OJ No L 20, 28. 1. 1982, p. 35). | |
| 17. Board of Governors and Scientific Council of the Joint Nuclear Research Centre | |
| Set up by Commission Decision 84/339/Euratom of 24 May 1984 (OJ No L 177, 4. 7. 1984, p. 29). | |
| 18. Management and coordination advisory Committees for Community research, development and demonstration activities | |
| Set up by Council Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 (OJ No L 177, 4. 7. 1984, p. 25). | |
| 19. Scientific and Technical Information and Documentation Committee (STIDC) | |
| Set up by Council Decision 84/567/EEC of 27 November 1984 (OJ No L 314, 4. 12. 1984, p. 19). | |
| ANNEX XXXIV | |
| List provided for in Article 391 (2) of the Act of Accession | |
| 1. Arbitration Committee | |
| Set up by Article 18 of the EAEC Treaty and whose rules were established by Council Regulation No 7/63/Euratom of 3 December 1963 (OJ No 180, 10. 12. 1963, p. 2849/63). | |
| 2. Joint Advisory Committee on Social Questions arising in Road Transport | |
| Set up by Commission Decision 65/362/EEC of 5 July 1965 (OJ No 130, 16. 7. 1965, p. 2184/65). | |
| 3. Advisory Committee on Fisheries | |
| Set up by Commission Decision 71/128/EEC of 25 February 1971 (OJ No L 68, 22. 3. 1971, p. 18), as amended by Commission Decision 73/429/EEC of 31 October 1973 (OJ No L 355, 24. 12. 1973, p. 61). | |
| 4. Consumers' Consultative Committee | |
| Set up by Commission Decision 73/306/EEC of 25 September 1973 (OJ No L 283, 10. 10. 1973, p. 18), as amended by: | |
| — | Commission Decision 79/906/EEC of 3 December 1976 (OJ No L 341, 10.12. 1976, p. 42), | |
| — | Commission Decision 80/1087/EEC of 16 October 1980 (OJ No L 320, 27. 11. 1980, p. 33). | |
| 5. Advisory Committee on customs matters | |
| Set up by Commission Decision 73/351/EEC of 7 November 1973 (OJ No L 321, 22. 11. 1973, p. 37), as amended by: | |
| — | Commission Decision 79/921/EEC of 21 December 1976 (OJ No L 362, 31. 12. 1976, p. 55), | |
| — | Commission Decision 78/883/EEC of 20 October 1978 (OJ No L 299, 26. 10. 1978, p. 39), | |
| — | Commission Decision 81/342/EEC of 5 May 1981 (OJ No L 133, 20.5. 1981, p. 31), | |
| — | Commission Decision 83/111/EEC of 7 March 1983 (OJ No L 66, 12.3. 1983, p. 23). | |
| 6. Joint Committee on Social Problems in Sea Fishing | |
| Set up by Commission Decision 74/441/EEC of 25 July 1974 (OJ No L 243 5. 9. 1974, p. 19), as amended by Commission Decision 83/53/EEC of 24 January 1983 (OJ No L 44, 16.2. 1983, p. 21). | |
| 7. Joint Committee on Social Problems of Agricultural Workers | |
| Set up by Commission Decision 74/442/EEC of 25 July 1974 (OJ No L 243, 5. 9. 1974, p. 22), as amended by Commission Decision 83/54/EEC of 24 January 1983 (OJ No L 44, 16. 2. 1983, p. 22). | |
| 8. Committee of Experts of the European Foundation for the improvement of living and working conditions | |
| Set up by Council Regulation (EEC) No 1365/75 of 26 May 1975 (OJ No L 139, 30. 5. 1975, p. 1). | |
| 9. Mixed Committee on the harmonization of working conditions in the coal industry | |
| Set up by Commission Decision 75/782/ECSC of 24 November 1975 (OJ No L 329, 23.12. 1975, p. 35). | |
| 10. Scientific Committee on Cosmetology | |
| Set up by Commission Decision 78/45/EEC of 19 December 1977 (OJ No L 13, 17. 1. 1978, p. 24). | |
| 11. Scientific and Technical Committee for Fisheries | |
| Set up by Commission Decision 79/572/EEC of 8 June 1979 (OJ No L 156, 23. 6. 1979, p. 29). | |
| 12. Joint Committee on Inland Waterways | |
| Set up by Commission Decision 80/991/EEC of 9 October 1980 (OJ No L 297, 6. 11. 1980, p. 28). | |
| 13. Advisory Committee on Foodstuffs | |
| Set up by Commission Decision 80/1073/EEC of 24 October 1980 (OJ No L 318, 26. 11. 1980, p. 28). | |
| 14. Committee on Commerce and Distribution | |
| Set up by Commission Decision 81/428/EEC of 20 May 1981 (OJ No L 165, 23. 6. 1981, p. 24). | |
| 15. Committee for the European Development of Science and Technology | |
| Set up by Commission Decision 82/835/EEC of 6 December 1982 (OJ No L 350, 10. 12. 1982, p. 45). | |
| 16. Advisory Committee on Community Policy regarding Forestry and Forestry-based Industries | |
| Set up by Commission Decision 83/247/EEC of 11 May 1983 (OJ No L 137, 26. 5. 1983, p. 31). | |
| 17. Industrial Research and Development Advisory Committee (Irdac) | |
| Set up by Commission Decision 84/128/EEC of 29 February 1984 (OJ No L 66, 8. 3. 1984, p. 30). | |
| 18. Joint Committee on Railways | |
| Set up by Commission Decision 85/13/EEC of 19 December 1984 (OJ No L 8, 10. 1. 1985, p. 26). | |
| (b) The Advisory and Scientific Committees established under the common agricultural policy for which the advisability of an overall renewal on the date of accession, will be agreed upon, before accession, between the Kingdom of Spain, the Portuguese Republic and the Commission. | |
| ANNEX XXXV | |
| List provided for in Article 393 fo the Act of Accession | |
| I. CUSTOMS LEGISLATION | |
| 1. Council Regulation (EEC) No 222/77 of 13 December 1976 (OJ No L 38, 9. 2. 1977, p. 1), as amended by: | |
| — | Council Regulation (EEC) No 983/79 of 14 May 1979 (OJ No L 123, 19. 5. 1979, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Council Regulation (EEC) No 3813/81 of 15 December 1981 (OJ No L 383, 31. 12. 1981, p. 28), | |
| — | Council Regulation (EEC) No 3617/82 of 17 December 1982 (OJ No L 382, 31. 12. 1982, p. 6): | |
| 1 March 1986. | |
| 2. Commission Regulation (EEC) No 223/77 of 22 December 1976 (OJ No L 38, 9. 2. 1977, p. 20), as amended by: | |
| — | Commission Regulation (EEC) No 1601/77 of 11 July 1977 (OJ No L 182, 22. 7. 1977, p. 1), | |
| — | Commission Regulation (EEC) No 526/79 of 20 March 1979 (OJ No L 74, 24. 3. 1979, p. 1), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 1964/79 of 6 September 1979 (OJ No L 227, 7. 9. 1979, p. 12), | |
| — | Commission Regulation (EEC) No 137/80 of 9 January 1980 (OJ No L 18, 24. 1. 1980, p. 13), | |
| — | Commission Regulation (EEC) No 902/80 of 14 April 1980 (OJ No L 97, 15. 4. 1980, p. 20), as corrected in OJ No L 254, 27. 9. 1980, p. 47, | |
| — | Commission Regulation (EEC) No 3298/80 of 18 December 1980 (OJ No L 344, 19. 12. 1980, p. 16), | |
| — | Commission Regulation (EEC) No 1664/81 of 23 June 1981 (OJ No L 166, 24.6. 1981, p. 11), as corrected in OJ No L 243, 26. 8. 1981, p. 18, | |
| — | Commission Regulation (EEC) No 2105/81 of 16 July 1981 (OJ No L 207, 27. 7. 1981, p. 1), | |
| — | Commission Regulation (EEC) No 3220/81 of 11 November 1981 (OJ No L 324, 12. 12. 1981, p. 9), | |
| — | Commission Regulation No 1499/82 of 11 June 1982 (OJ No L 161, 12. 6. 1982, p. 11), | |
| — | Commission Regulation No 1482/83 of 8 June 1983 (OJ No L 151, 9. 6. 1983, p. 29), as corrected in OJ No L 285, 18. 10. 1983, p. 24: | |
| 1 March 1986. | |
| 3. Commission Regulation (EEC) No 2826/77 of 5 December 1977 (OJ No L 333, 24. 12. 1977, p. 1), as amended by: | |
| — | Commission Regulation (EEC) No 607/78 of 29 March 1978 (OJ No L 83, 30. 3. 1978, p. 17), | |
| — | the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17), | |
| — | Commission Regulation (EEC) No 1653/79 of 25 July 1979 (OJ No L 192, 31. 7. 1979, p. 32), | |
| — | Commission Regulation (EEC) No 1976/80 of 25 July 1980 (OJ No L 192, 26. 7. 1980, p. 23), | |
| — | Commission Regulation (EEC) No 2966/82 of 5 November 1982 (OJ No L 310, 6. 11. 1982, p. 11), | |
| — | Commission Regulation (EEC) No 3026/84 of 30 October 1984 (OJ No L 287, 31. 10. 1984, p. 7): | |
| 1 March 1986. | |
| 4. Commission Regulation (EEC) No 3177/80 of 5 December 1980 (OJ No L 335, 12. 12. 1980, p. 1): | |
| (a) | 1 January 1993 for industrial products; | |
| (b) | 1 January 1996 for agricultural products. | |
| 5. Commission Regulation (EEC) No 3178/80 of 5 December 1980 (OJ No L 335, 12. 12. 1980, p. 3): | |
| (a) | 1 January 1993 for industrial products; | |
| (b) | 1 January 1996 for agricultural products. | |
| 6. Commission Regulation (EEC) No 1577/81 of 12 June 1981 (OJ No L 154, 13. 6. 1981, p. 26), as amended by: | |
| — | Commission Regulation (EEC) No 3523/81 of 8 December 1981 (OJ No L 355, 10. 12. 1981, p. 26), | |
| — | Commission Regulation (EEC) No 3063/82 of 18 November 1982 (OJ No L 323, 19. 11. 1982, p. 8), | |
| — | Commission Regulation (EEC) No 1012/84 of 10 April 1984 (OJ No L 101, 13. 4. 1984, p. 25): | |
| 1 January 1996. | |
| ANNEX XXXVI | |
| List provided for in Article 395 of the Act of Accession | |
| I. RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES | |
| 1. Council Directive 63/607/EEC of 15 October 1963 (OJ No 159, 2. 11. 1963, p. 2661/63): | |
| Portugal: 1 January 1991. | |
| 2. Second Council Directive 65/264/EEC of 13 May 1965 (OJ No 85, 19. 5. 1965, p. 1437/65): | |
| Portugal: 1 January 1991. | |
| 3. Directive 68/369/EEC of 15 October 1968 (OJ No L 260, 22. 10. 1968, p. 22), as amended by the 1972 Act of Accession (OJ No L 73, 27. 3. 1972, p. 14): | |
| Portugal: 1 January 1991 | |
| 4. Directive 70/451/EEC of 29 September 1970 (OJ No L 218, 3. 10. 1970, p. 37), as amended by the 1972 Act of Accession (OJ No 73, 27. 3. 1972, p. 14): | |
| Portugal: 1 January 1991. | |
| 5. Council Directive 78/686/EEC of 25 July 1978 (OJ No L 233, 24. 8. 1978, p. 1): | |
| Spain: 1 January 1991. | |
| II. TAXATION | |
| — | First Council Directive 67/227/EEC of 11 April 1967 (OJ No 71, 14. 4. 1967, p. 1301/67), | |
| — | Second Council Directive 67/228/EEC of 11 April 1967 (OJ No 71, 14. 4. 1967, p. 1303/67, | |
| — | Sixth Directive 77/388/EEC of 17 May 1977 (OJ No L 145, 13. 6. 1977, p. 1), | |
| — | Eighth Council Directive 79/1072/EEC of 6 December 1979 (OJ No L 331, 27. 12. 1979, p. 11), | |
| — | Council Directive 83/181/EEC of 28 March 1983 (OJ No L 105, 23. 4. 1983, p. 38), | |
| — | Tenth Council Directive 84/386/EEC of 31 July 1984 (OJ No L 208, 3. 8. 1984, p. 58): | |
| Portugal: 1 January 1989. | |
| III. ENVIRONMENT | |
| 1. Council Directive 75/439/EEC of 16 June 1975 (OJ No L 194, 25. 7. 1975, p. 23): | |
| Portugal: 1 January 1989. | |
| 2. Council Directive 75/440/EEC of 16 June 1975 (OJ No L 194, 25. 7. 1975, p. 26): | |
| Portugal: 1 January 1989. | |
| 3. Council Directive 76/160/EEC of 8 December 1975 (OJ No L 31, 5. 2. 1976, p. 1), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Portugal: 1 January 1993. | |
| 4. Council Directive 78/319/EEC of 20 March 1978 (OJ No L 84, 31. 3. 1978, p. 43), as amended by the 1979 Act of Accession (OJ No L 291, 19. 11. 1979, p. 17): | |
| Portugal: 1 January 1989. | |
| 5. Council Directive 79/869/EEC of 9 October 1979 (OJ No L 271, 29. 10. 1979, p. 44), as amended by Council Directive 81/855/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 16): | |
| Portugal: 1 January 1989. | |
| 6. Council Directive 80/778/EEC of 15 July 1980 (OJ No L 229, 30. 8. 1980, p. 11), as amended by Council Directive 81/858/EEC of 19 October 1981 (OJ No L 319, 7. 11. 1981, p. 19): | |
| Portugal: 1 January 1989. | |
| PROTOCOLS | |
| | |
| Protocol 1 | |
| on the Statute of the European Investment Bank | |
| PART ONE | |
| ADJUSTMENTS TO THE STATUTE OF THE EUROPEAN INVESTMENT BANK | |
| Article 1 | |
| The following is substituted for Article 3 of the Protocol on the Statute of the Bank | |
| ‘Article 3 | |
| In accordance with Article 129 of this Treaty, the following shall be members of the Bank: | |
| — | the Kingdom of Belgium, | |
| — | the Kingdom of Denmark, | |
| — | the Federal Republic of Germany, | |
| — | the Hellenic Republic, | |
| — | the Kingdom of Spain, | |
| — | the French Republic, | |
| — | Ireland, | |
| — | the Italian Republic, | |
| — | the Grand Duchy of Luxembourg, | |
| — | the Kingdom of the Netherlands, | |
| — | the Portuguese Republic, | |
| — | the United Kingdom of Great Britain and Northern Ireland.’ | |
| Article 2 | |
| The following is substituted for the first subparagraph of Article 4 (1) of the Protocol on the Statute of the Bank: | |
| ‘1. The capital of the Bank shall be 28 800 million ECU, subscribed by the Member States as follows: | |
| — | Germany | 5 508 725 000 | |
| — | France | 5 508 725 000 | |
| — | Italy | 5 508 725 000 | |
| — | United Kingdom | 5 508 725 000 | |
| — | Spain | 2 024 928 000 | |
| — | Belgium | 1 526 980 000 | |
| — | Netherlands | 1 526 980 000 | |
| — | Denmark | 773 154 000 | |
| — | Greece | 414 190 000 | |
| — | Portugal | 266 922 000 | |
| — | Ireland | 193 288 000 | |
| — | Luxembourg | 386 580 00. | |
| Article 3 | |
| The following is substituted for Article 5 (1) of the Protocol on the Statute of the Bank: | |
| ‘1. The subscribed capital shall be paid in by Member States to the extent of 9.01367457 % on average of the amounts laid down in Article 4 (1).’ | |
| Article 4 | |
| The following is substituted for Article 10 of the Protocol on the Statute of the Bank: | |
| ‘Article 10 | |
| Save as otherwise provided in this Statute, decisions of the Board of Governors shall be taken by a majority of its members. This majority must represent at least 45 % of the subscribed capital. Voting by the Board of Governors shall be in accordance with the provisions of Article 148 of this Treaty.’ | |
| Article 5 | |
| The following is substituted for the first three subparagraphs of Article 11 (2) of the Protocol on the Statute of the Bank: | |
| ‘2. The Board of Directors shall consist of 22 directors and 12 alternates. | |
| The directors shall be appointed by the Board of Governors for five years as shown below: | |
| — | three directors nominated by the Federal Republic of Germany, | |
| — | three directors nominated by the French Republic, | |
| — | three directors nominated by the Italian Republic, | |
| — | three directors nominated by the United Kingdom of Great Britain and Northern Ireland, | |
| — | two directors nominated by the Kingdom of Spain, | |
| — | one director nominated by the Kingdom of Belgium, | |
| — | one director nominated by the Kingdom of Denmark, | |
| — | one director nominated by the Hellenic Republic, | |
| — | one director nominated by Ireland, | |
| — | one director nominated by the Grand Duchy of Luxembourg, | |
| — | one director nominated by the Kingdom of the Netherlands, | |
| — | one director nominated by the Portuguese Republic, | |
| — | one director nominated by the Commission. | |
| The alternates shall be appointed by the Board of Governors for five years as shown below: | |
| — | two alternates nominated by the Federal Republic of Germany, | |
| — | two alternates nominated by the French Republic, | |
| — | two alternates nominated by the Italian Republic, | |
| — | two alternates nominated by the United Kingdom of Great Britain and Northern Ireland, | |
| — | one alternate nominated by common accord of the Kingdom of Denmark, the Hellenic Republic and Ireland, | |
| — | one alternate nominated by common accord of the Benelux countries, | |
| — | one alternate nominated by common accord of the Kingdom of Spain and the Portuguese Republic, | |
| — | one alternate nominated by the Commission.’ | |
| Article 6 | |
| The following sentence is substituted for the second sentence of Article 12 (2) of the Protocol on the Statute of the Bank: | |
| ‘A qualified majority shall require 15 votes in favour.’ | |
| Article 7 | |
| The following is substituted for the first subparagraph of Article 13 (1) of the Protocol on the Statute of the Bank: | |
| ‘1. The Management Committee shall consist of a President and six Vice-Presidents appointed for a period of six years by the Board of Governors on a proposal from the Board of Directors. Their appointments shall be renewable.’ | |
| PART TWO | |
| OTHER PROVISIONS | |
| Article 8 | |
| 1. The Kingdom of Spain and the Portuguese Republic shall pay the sums of 91 339 340 and 12 040 186 ECU respectively as their share of the capital paid up by the Member States as of 1 January 1986, in five equal six-monthly instalments falling due on 30 April and 31 October. The first instalment shall be payable on whichever of these two dates next follows the date of accession. | |
| 2. With regard to the part remaining to be paid up, on the date of accession, under the increases in capital decided on 15 June 1981 and on 11 June 1985, the Kingdom of Spain and the Portuguese Republic shall participate proportionally and in accordance with the timetable laid down for those increases in capital. | |
| 3. The amounts to be paid up pursuant to paragraph 1 and under the part remaining to be paid up of the increase in capital decided upon on 15 June 1981 shall correspond to the capital shares to be paid up by the new Member States calculated in accordance with the provisions of Article 5 of the Protocol on the Statute of the Bank which fixed the percentage to be paid up by the Member States at 10,17857639 % of the subscribed capital before the increase in capital of 11 June 1985 referred to in paragraph 2. | |
| Article 9 | |
| The Kingdom of Spain and the Portuguese Republic shall, on the dates indicated in Article 8 (1), contribute towards the reserve fund, the supplementary reserve and those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account, as at 31 December of the year prior to accession, as stated in the Bank's approved balance sheet, an amount corresponding to respectively: | |
| of the reserves and provisions for the Kingdom of Spain and to: | |
| of these reserves and provisions for the Portuguese Republic. | |
| Article 10 | |
| The payments laid down in Articles 8 and 9 of this Protocol shall be made by the Kingdom of Spain and by the Portuguese Republic in their freely transferable national currency. | |
| The amounts payable shall be calculated on the basis of the rate of conversion between the ECU and the peseta and the escudo respectively, obtaining on the last working day of the month preceding the relevant due dates of payment. This formula shall also be used for the capital adjustment provided for in Article 7 of the Protocol on the Statute of the Bank. That adjustment shall also apply to payments already made by the Kingdom of Spain and the Portuguese Republic. | |
| Article 11 | |
| 1. Upon accession, the Board of Governors shall increase the membership of the Board of Directors by appointing two directors nominated by the Kingdom of Spain and one director nominated by the Portuguese Republic, together with one alternate nominated by common accord of the Kingdom of Spain and the Portuguese Republic. | |
| 2. The terms of office of the directors and alternate thus appointed shall expire at the end of the annual meeting of the Board of Governors during which the annual report for the 1987 financial year is examined. | |
| Article 12 | |
| 1. The Board of Governors, acting on a proposal from the Board of Directors, shall appoint the sixth Vice-President referred to in Article 7 of this Protocol during the three months following accession. | |
| 2. The term of office of the Vice-President thus appointed shall expire at the end of the annual meeting of the Board of Governors during which the annual report for the 1987 financial year is examined. | |
| Protocol 2 | |
| concerning the Canary Islands and Ceuta and Melilla | |
| Article 1 | |
| 1. Products originating in the Canary Islands or in Ceuta and Melilla and products coming from third countries imported into the Canary Islands or into Ceuta and Melilla under the arrangements which are applicable there to them shall not be deemed, when released for free circulation in the customs territory of the Community, to be goods fulfilling the conditions of Articles 9 and 10 of the EEC Treaty, nor goods in free circulation under the ECSC Treaty. | |
| 2. The customs territory of the Community shall not include the Canary Islands and Ceuta and Melilla. | |
| 3. Except where otherwise provided for in this Protocol, the acts of the institutions of the Community regarding customs legislation for foreign trade shall apply under the same conditions to trade between the customs territory of the Community, on the one hand, and the Canary Islands and Ceuta and Melilla, on the other. | |
| 4. Except where otherwise provided for in this Protocol, the acts of the institutions of the Community regarding the common commercial policy, be they autonomous or enacted by agreement, directly linked to the import or export of goods, shall not be applicable to the Canary Islands or to Ceuta and Melilla. | |
| 5. Except where otherwise provided for in the Act of Accession, including this Protocol, the Community shall apply in its trade with the Canary Islands and with Ceuta and Melilla, for products falling within Annex II to the EEC Treaty, the general arrangements which it applies in its foreign trade. | |
| Article 2 | |
| 1. Subject to Articles 3 and 4 of this Protocol, products originating in the Canary Islands and in Ceuta and Melilla, shall, when released for free circulation in the customs territory of the Community, qualify for exemption from customs duties under the conditions defined in paragraphs 2 and 3. | |
| 2. In that part of Spain which is included in the customs territory of the Community, the exemption from customs duties referred to in paragraph 1 shall be granted as from I January 1986. | |
| With regard to the remainder of the customs territory of the Community, customs duties on the import of products originating in the Canary Islands or in Ceuta and Melilla shall be abolished in accordance with the same timetable and under the same conditions as those provided for in Articles 30, 31 and 32 of the Act of Accession. | |
| 3. By way of derogation from paragraphs 1 and 2, manufactured tobacco falling within heading No 24.02 of the Common Customs Tariff which is processed in the Canary Islands shall qualify, in the customs territory of the Community, for exemption from customs duties within the limit of tariff quotas. | |
| These quotas shall be opened and allocated by the Council, acting by a qualified majority on a proposal from the Commission, taking as the reference base the average of the three best of the last five years for which statistics are available. The Council shall act in good time so as to provide for the opening and allocation of these quotas on 1 January 1986. | |
| In order to avoid a situation whereby this arrangement results in economic difficulties in one or more Member States because of the reconsignment of manufactured tobacco imported into another Member State, the Commission shall adopt, after consulting the Member States, all methods of administrative co-operation which prove necessary. | |
| Article 3 | |
| 1. Fishery products falling within heading Nos 03.01, 03.02, 03.03, 16.04, 16.05 and subheadings 05.15 A and 23.01 B of the Common Customs Tariff and originating in the Canary Islands or Ceuta and Melilla, shall, within the limit of tariff quotas calculated by product and on the average quantities actually disposed of during 1982, 1983 and 1984, benefit from the arrangements hereinafter defined, intended respectively for that part of Spain which is included in the customs territory of the Community, on one hand, and for the Community as at present constituted, on the other: | |
| — | Where the said products are imported into that part of Spain which is included in the customs territory of the Community, they shall qualify for exemption from customs duties. They may not be deemed to be in free circulation in that part of Spain within the meaning of Article 10 of the EEC Treaty when they are reconsigned to another Member State. | |
| — | Where the said products are released for free circulation in the remainder of the customs territory of the Community, they shall qualify for the progressive reduction of customs duties according to the same timeable and under the same conditions as those provided for in Article 173 of the Act of Accession, provided that the reference prices are complied with. | |
| 2. As from 1 January 1993 for the fishery products referred to in paragraph 1, and from 1 January 1996 for the sardine preparations and preserved sardines falling within subheading 16.04 D of the Common Customs Tariff, the products concerned shall qualify for exemption from customs duties in the whole of the customs territory of the Community up to the limit of the tariff quotas calculated by product and on the average quantities actually disposed of during 1982, 1983 and 1984 in that part of Spain which is included in the customs territory of the Community or exported to the Community as at present constituted. The release for free circulation for products imported into the customs territory of the Community, under these tariff quotas, shall be subject to compliance with the rules laid down by the common organization of markets and in particular with respect to reference prices. | |
| 3. The Council, acting by qualified majority on a proposal from the Commission, shall each year adopt provisions opening and allocating tariff quotas in accordance with the detailed rules laid down in paragraphs 1 and 2. For 1986 the Council shall act in good time so as to provide for the opening and allocation of the quotas by 1 January 1986. | |
| Article 4 | |
| 1. The agricultural products appearing in Annex A, originating in the Canary Islands, shall, when they are released for free circulation in the customs territory of the Community, qualify under the conditions laid down in this Article, for exemption from customs duties within the limit of tariff quotas calculated on the average quantities actually disposed of during 1982, 1983 and 1984 respectively, intended for that part of Spain which is included in the customs territory of the Community, on the one hand, and for the Community as at present constituted on the other: | |
| (a) | until 31 December 1995, for those of the products referred to above falling within Regulation (EEC) No 1035/72 and until 31 December 1992 for the other products referred to, the products in question shall qualify: | — | in that part of Spain which is included in the customs territory of the Community, for an exemption from customs duties, without application, where this arises, of the system of reference prices, | — | in the remainder of the customs territory of the Community, for the same conditions as those adopted for the same products coming from that part of Spain which is included in the customs territory of the Community, as long as the system of reference prices is complied with, where they are applicable; | |
| (b) | as from 1 January 1996 for those of the products referred to above falling within Regulation (EEC) No 1035/72 and from 1 January 1993 for the other products referred to, the products in question shall qualify for exemption from customs duties in the whole of the customs territory of the Community as long as the system of reference prices is complied with, where they are applicable. | |
| The Council, acting by a qualified majority on a proposal from the Commission, shall adopt in good time measures so as to provide for the opening and allocation of those quotas by 1 January 1986. | |
| 2. | (a) | By way of derogation from paragraph 1, when bananas falling within subheading 08.01 B of the Common Customs Tariff, originating in the Canary Islands, are released for free circulation in that part of Spain which is included in the customs territory of the Community, they shall qualify for exemption from customs duties. Bananas imported under the abovementioned arrangements may not be deemed to be in free circulation in the said part of Spain within the meaning of Article 10 of the EEC Treaty when they are reconsigned to another Member State. | (b) | Until 31 December 1995, the Kingdom of Spain may maintain, for the bananas referred to in (a) which are imported from the other Member States, the quantitative restrictions and measures having equivalent effect which it applied on the import of these products under the previous national arrangements. | Notwithstanding Article 76 (2) of the Act of Accession and until the setting up of a common organization of the market for that product, the Kingdom of Spain may retain, to the extent that is strictly necessary to ensure the maintenance of the national organization, quantitative restrictions on imports of bananas referred to in (a) imported from third countries. | |
| Article 5 | |
| 1. Where application of the arrangement referred to in Article 2 (2) could lead to a substantial increase in the import of certain products originating in the Canary Islands or in Ceuta and Melilla such as might prejudice Community producers, the Council, acting by qualified majority on a proposal from the Commission, may subject the access of these products to the customs territory of the Community to special conditions. | |
| 2. Where, because the Common Commercial Policy and the Common Customs Tariff are not applied to the import of raw materials or intermediate products into the Canary Islands or Ceuta and Melilla, imports of a product originating in the Canary Islands or in Ceuta or Melilla cause, or may cause, serious injury to a producer activity exercised in one or more Member States, the Commission, at the request of a Member State or on its own initiative, may take the appropriate measures. | |
| Article 6 | |
| 1. On import into the Canary Islands or into Ceuta and Melilla, products originating in the customs territory of the Community shall qualify for exemption from the customs duties and charges having equivalent effect under the conditions defined in paragraphs 2 and 3. | |
| 2. The customs duties existing in the Canary Islands and in Ceuta and Melilla and the charge known as the ‘arbitrio insular — tarifa general’ existing in the Canary Islands shall be abolished progressively, with regard to products originating in the customs territory of the Community, according to the same timeable and under the same conditions as those provided for in Articles 30, 31 and 32 of the Act of Accession. | |
| 3. The so-called ‘arbitrio insular — tarifa especial’ of the Canary Islands shall be abolished with regard to products originating in the customs territory of the Community on 1 March 1986. | |
| However, the said charge may be maintained, on the import of the products listed in Annex B, at a rate corresponding to 90 % of the rate indicated opposite each of the products on the said list and on condition that this reduced rate is applied on a uniform basis to all imports of the products concerned originating in the whole of the customs territory of the Community. The said charge will be abolished by 1 January 1993 at the latest unless the Council, acting by qualified majority on a proposal from the Commission, decides that it should be prolonged on the basis of the trend in the economic situation in the Canary Islands for each of the products concerned. | |
| The said charge may at no time be higher than the level of the Spanish customs tariff as modified with a view to the progressive introduction of the Common Customs Tariff. | |
| Article 7 | |
| The customs duties and charges having an effect equivalent to such duties and the trade arrangements applied, on the import to the Canary Islands and to Ceuta and Melilla, of goods coming from a third country may not be less favourable than those applicable by the Community in accordance with its international commitments or its preferential arrangements with regard to such third country, providing that the same third country grants, to imports from the Canary Islands and from Ceuta and Melilla, the same treatment as that which it grants to the Community. However, the arrangements applied to imports into the Canary Islands and into Ceuta and Melilla with regard to goods coming from such third country may not be more favourable than those applied with regard to the imports of products originating in the customs territory of the Community. | |
| Article 8 | |
| The arrangements applicable to trade in goods between the Canary Islands, on the one hand, and Ceuta and Melilla, on the other, shall be at least as favourable as those applicable pursuant to Article 6. | |
| Article 9 | |
| 1. The Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 March 1986, adopt the rules for the application of this Protocol and in particular the rules of origin applicable to trade, as referred to in Articles 2, 3, 4, 6 and 8, including the provisions concerning the identification of originating products and the control of origin. | |
| The rules will include, in particular, provisions on marking and/or labelling of products, on the conditions of registration of vessels, on the application of the rule on mixed origin for fishery products, and also provisions enabling the origin of products to be determined. | |
| 2. The following shall remain applicable until 28 February 1986: | |
| — | the rules of origin provided for by the 1970 Agreement between the European Economic Community and Spain, to trade between the customs territory of the Community as at present constituted, on the one hand, and the Canary Islands and Ceuta and Melilla, on the other, | |
| — | the rules of origin provided for by the national provisions in force as at 31 December 1985, to trade between that part of Spain included in the customs territory of the Community, on the one hand, and the Canary Islands and Ceuta and Melilla, on the other. | |
| ANNEX A | |
| List referred to in Article 4 (1) | |
| CCT heading No | Description | |
| 06.01 | Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower: | ex A. | Dormant: | — | Other than hyacinths, narcissi, tulips and gladioli | |
| 06.02 | Other live plants, including trees, shrubs, bushes, roots, cuttings and slips: | A. | Unrooted cuttings and slips: | II. | Other | ex D. | Other: | — | Roses (all the species ‘Rosa’), neither budded nor grafted: | — | with stock of a diameter of 10 mm or less | — | other | — | other than mycelium (spawn of mushrooms and other edible fungi), rhododendrons (azaleas), vegetable and strawberry plants: | — | Outdoor plants: | — | Trees, shrubs, and bushes, other than fruit trees and bushes and forest trees: | — | Rooted cuttings and young plants | — | Other | — | Other: | — | Perennial plants | — | Other | — | Indoor plants: | — | Rooted cuttings and young plants, excluding cacti | — | Other than flowering plants with buds or flowers, excluding cacti | |
| 06.03 | Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: | A. | Fresh: | I. | From 1 June to 31 October: | — | Roses | — | Carnations | — | Orchids | — | Gladioli | — | Chrysanthemums | — | Other | II. | From 1 November to 31 May: | — | Roses | — | Carnations | — | Orchids | — | Gladioli | — | Chrysanthemums | — | Other | |
| 07.01 | Vegetables, fresh or chilled; | A. | Potatoes: | II. | New potatoes | F. | Leguminous vegetables, shelled or unshelled: | II. | Beans (of the species ‘Phaseolus’) | ex H. | Onions, shallots and garlic: | — | Onions | M. | Tomatoes | P. | Cucumbers and gherkins: | I. | Cucumbers | S. | Sweet peppers | T. | Other: | II. | Aubergines | |
| 08.01 | Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes, guavas and mangosteens, fresh or dried, shelled or not: | D. | Avocados | |
| ANNEX B | |
| List referred to in Article 6 (3) | |
| CCT heading No | Description | Rate | (%) | |
| 02.01 | Meat and edible offals of the animal falling within heading No 01.01, 01.02, 01.03 or 01.04, fresh, chilled or frozen: | | |
| | A. Meat: | | |
| | II. Of bovine animals: | | |
| | a) Fresh or chilled | 20 | |
| | III. Of swine: | | |
| | a) Of domestic swine: | | |
| | ex 1. Carcases or half-carcases: | | |
| | — | Fresh or chilled | 20 | |
| | ex 2. Legs and parts thereof: | | |
| | — | Fresh or chilled | 20 | |
| | ex 3. Fore-ends or shoulders; parts thereof: | | |
| | — | Fresh or chilled | 20 | |
| | ex 4. Loins and parts thereof: | | |
| | — | Fresh or chilled | 20 | |
| | ex 5. Bellies and parts thereof: | | |
| | — | Fresh or chilled | 20 | |
| | ex 6. Other: | | |
| | bb) Other: | | |
| | — | Fresh or chilled | 20 | |
| | ex b) Other: | | |
| | — | Fresh or chilled | 20 | |
| 04.01 | Milk and cream, fresh, not concentrated or sweetened: | | |
| | A. Of a fat content, by weight, not exceeding 6 %: | | |
| | I. Yoghourt, kephir, curdled milk, whey, buttermilk and other fermented or acidified milk: | | |
| | ex a) In immediate packings of a net capacity of two litres or less: | | |
| | — | Yoghourt | 12,5 | |
| 04.05 | Birds' eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not: | | |
| | A. Eggs in shell, fresh or preserved: | | |
| | I. Poultry eggs: | | |
| | ex b) Other: | | |
| | — | Of hens | 9 | |
| 09.01 | Coffee, whether or not roasted or freed of caffeine; coffee husks and skins; coffee substitutes containing coffee in any proportion: | | |
| | A. Coffee: | | |
| | II. Roasted: | | |
| | a) Not freed of caffeine | 19 | |
| 19.03 | Macaroni, spaghetti and similar products: | | |
| | B. Other | 12 | |
| 20.02 | Vegetables prepared or preserved otherwise than by vinegar or acetic acid: | | |
| | ex C. Tomatoes: | | |
| | — | Tomato concentrate, with a dry matter content of more than 30 % by weight, in hermetically sealed containers | 10 | |
| 21.04 | Sauces; mixed condiments and mixed seasonings: | | |
| | B. Sauces with a basis of tomato purée | 9 | |
| 21.07 | Food preparations not elsewhere specified or included: | | |
| | D. Prepared yoghourt; prepared milk in powder form, for use as infants' food or for dietetic or culinary purposes: | | |
| | I. Prepared yoghourt: | | |
| | b) Other | 12,5 | |
| 22.09 | Spirits (other than those of heading No 22.08); liqueurs and other spirituous beverages; compound alcoholic preparations (known as ‘concentrated extracts’) for the manufacture of beverages: | | |
| | C. Spirituous beverages: | | |
| | I. Rum, arrack and tafia, in containers holding: | | |
| | ex a) Two litres or less: | | |
| | — | Rum | 39,1 Ptas/litre | |
| | ex b) More than two litres: | | |
| | — | Rum | 39,1 Ptas/litre | |
| 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | | |
| | C. Other: | | |
| | ex IV. Polypropylene: | | |
| | — | In strips, of a width exceeding 0,1 mm | 10,5 | |
| | VII. Polyvinyl chloride: | | |
| | ex b) In other forms: | | |
| | — | In tubes | 10,5 | |
| 39.07 | Articles of materials of the kinds described in heading Nos 39.01 to 39.06: | | |
| | B. Other: | | |
| | V. Of other materials: | | |
| | ex d) Other: | | |
| | — | Plates with a diameter of between 17 and 21 cm and ‘glasses’ of polystyrene | 15 | |
| | — | Bags, sachets and similar articles, of polyethylene | 10,5 | |
| | — | Containers other than carboys, bottles and jars of polystyrene | 15 | |
| | — | Tube and pipe fittings, and finished pipes of polyvinyl chloride | 10,5 | |
| 42.02 | Travel goods (for example, trunks, suit-cases, hat-boxes, travelling-bags, rucksacks), shopping-bags, handbags, satchels, brief-cases, wallets, purses, toilet-cases, tool-cases, tobacco-pouches, sheaths, cases, boxes (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar containers, of leather or of composition leather, of vulcanized fibre, of artificial plastic sheeting, of paperboard or of textile fabric: | | |
| | ex A. Of artificial plastic sheeting: | | |
| | — | Bags of polyethylene sheeting | 10,5 | |
| 48.05 | Paper and paperboard, corrugated (with or without flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets: | | |
| | A. Paper and paperboard, corrugated | 14 | |
| | ex B. Other: | | |
| | — | Creped household paper of a weight per m2 of 15 g or more and less than 50 g | 12,5 | |
| ex 48.14 | Writing blocks, envelopes, letter cards, plain postcards, correspondence cards; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing only an assortment of paper stationery: | | |
| | — | Writing blocks | 15 | |
| 48.15 | Other paper and paperboard, cut to size or shape: | | |
| | ex B. Other: | | |
| | — | Toilet paper in, rolls | 12 | |
| | — | Paper in strips or rolls for office machines and the like | 12 | |
| 48.16 | Boxes, bags and other packing containers, of paper or paperboard; box files, letter trays and similar articles, of paper or paperboard, of a kind commonly used in offices, shops and the like: | | |
| | ex A. Boxes, bags and other packing containers: | | |
| | — | Boxes, of corrugated paper or paperboard | 15 | |
| | — | Bags and sacks, of kraft paper | 11 | |
| | — | Boxes for cigars and cigarettes | 14 | |
| ex 48.18 | Registers, exercise books, note books, memorandum blocks, order books, receipt books, diaries, blotting-pads, binders (loose-leaf or other), file covers and other stationery of paper or paperboard; sample and other albums and book covers, of paper or paperboard: | | |
| | — | Memorandum blocks and exercise books | 13 | |
| ex 48.19 | Paper or paperboard labels, whether or not printed or gummed: | | |
| | — | Labels of all kinds, excluding cigar bands | 14,5 | |
| 48.21 | Other articles of paper pulp, paper, paperboard or cellulose wadding: | | |
| | B. Napkins and napkin liners for babies: | | |
| | ex I. Not put up for retail sale: | | |
| | — | Of cellulose wadding | 14 | |
| | ex II. Other: | | |
| | — | Of cellulose wadding | 14 | |
| | ex D. Bed linen, table linen, toilet linen (including handkerchiefs and cleaning tissues) and kitchen linen; garments: | | |
| | — | Hand towels and table napkins | 14 | |
| | ex E. Sanitary towels and tampons: | | |
| | — | Sanitary towels, of cellulose wadding | 14 | |
| | F. Other: | | |
| | ex I. Articles of a kind used for surgical, medical or hygienic purposes, not put up for retail sale: | | |
| | — | Napkins and napkin liners of a kind used for hygienic purposes, of cellulose wadding | 14 | |
| | ex II. Other: | | |
| | — | Napkins and napkin liners of a kind used for hygienic purposes, of cellulose wadding | 14 | |
| 70.10 | Carboys, bottles, jars, pots, tubular containers and similar containers, of glass, of a kind commonly used for the conveyance or packing of goods, stoppers and other closures, of glass: | | |
| | — | Excluding containers of a kind commonly used for the conveyance or packing of goods made from glass tubing of a thickness of less than 1 mm and stoppers and other closures | 9 | |
| ex 76.08 | Structures and parts of structures (for example, hangars and other buildings, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, door and window frames, balustrades, pillars and columns), of aluminium; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of aluminium: | | |
| | — | Doors, windows, and door and window frames | 8,4 | |
| | — | Plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of aluminium alloy | 8,4 | |
| 94.03 | Other furniture and parts thereof: | | |
| | ex B. Other: | | |
| | — | Beds of base metal | 13 | |
| | — | Shelving and parts thereof, of base metal | 11,5 | |
| 94.04 | Mattress supports; articles of bedding or similar furnishing fitted with springs or stuffed or internally fitted with any material or of expanded, foam or sponge rubber or expanded, foam or sponge artificial plastic material, whether or not covered (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows): | | |
| | A. Articles of bedding of similar furnishing of expanded, foam or sponge artificial plastic material, whether or not covered | 12 | |
| | ex B. Other: | | |
| | — | Mattress supports, mattresses and pillows | 13 | |
| Protocol 3 | |
| concerning the exchange of goods between Spain and Portugal for the period during which the transitional measures are applied | |
| Article 1 | |
| 1. Except for products falling within Annex II of the EEC Treaty and subject to the provisions of this Protocol, Spain and Portugal shall apply in their trade the treatment agreed upon between each of them, on the one hand, and the Community as at present constituted, on the other, as such treatment is defined in Chapter 1 of Title II and in Chapter 1 of Title III of Part Four of the Act of Accession. | |
| 2. The Kingdom of Spain shall apply to products originating in Portugal and falling within Chapters 25 to 99 of the Common Customs Tariff, with the exception of those falling within Regulations (EEC) No 2783/75, (EEC) No 3033/80 and (EEC) No 3035/80, the same arrangements as those applied by the Community as at present constituted, with regard to Portugal, in particular with reference to the elimination of customs duties and charges having equivalent effect and of quantitative restrictions on imports and exports, and measures having equivalent effect, to goods falling within the EEC Treaty and fulfilling, in Portugal, the conditions of Articles 9 and 10 of the said Treaty and to goods falling within the ECSC Treaty which are in free circulation, in accordance with this Treaty, in Portugal. | |
| The Portuguese Republic shall apply to products originating in Spain falling within Chapters 25 to 99 of the Common Customs Tariff, with the exception of those falling within Regulations (EEC) No 2783/75, (EEC) No 3033/80 and (EEC) No 3035/80, the same treatment as it applies with respect to the Community as at present constituted. | |
| 3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt before 1 March 1986 the rules of origin applicable to the trade between Spain and Portugal. | |
| Article 2 | |
| For the purposes of applying Article 48 of the Act concerning the conditions of accession, with regard to the products listed in Annex A, the abolition of exclusive import duties in Spain provided for in paragraph 3 of the said Article shall be carried out by the progressive opening, as from 1 March 1986, of import quotas for products originating in Portugal. The amounts of the quotas for 1986 shall be indicated in the said list. | |
| The Kingdom of Spain shall increase the amounts of the quotas under the conditions given in the same Annex. Increases expressed in percentages shall be added to each quota and the following increase shall be calculated on the basis of the total figure thus obtained. | |
| Article 3 | |
| 1. By way of derogation from Article 1, the Kingdom of Spain shall introduce, for products originating in Portugal and listed in Annex B, from 1 March 1986 to 31 December 1990, zero rate tariff ceilings. Should the quantities provided for each of the said ceilings be attained, the Kingdom of Spain may, until the end of the current calendar year, reintroduce customs duties; in this event these customs duties shall be identical to those which it applies at the same time to the Community as at present constituted. | |
| The amount of the ceilings for 1986 shall be indicated in Annex B and the rate at which the annual progressive increase is carried out shall be the following: | |
| — | 1987, 10 %, | |
| — | 1988, 12 %, | |
| — | 1989, 14 %, | |
| — | 1990, 16 %. | |
| The increase shall be added to each quota and the subsequent increase shall be calculated on the basis of the total figure obtained. | |
| 2. The arrangements for the tariff ceilings provided for in paragraph 1 will also be applicable for 1990 to the textile products which appear in Annex C. | |
| 3. The Kingdom of Spain and the Portuguese Republic may, until 31 December 1990, submit the imports of products appearing in Annex B to prior monitoring for purely statistical purposes. | |
| The Kingdom of Spain may submit the imports of products referred to in Annex C during 1990 to prior monitoring for purely statistical purposes. | |
| At all events, the import of the products referred to above may not be held up in any way as a result of the application of this statistical monitoring. | |
| Article 4 | |
| 1. Until 31 December 1990, the Kingdom of Spain may subject to prior monitoring on import, purely for statistical purposes, the following products originating in Portugal: | |
| CCT heading No | Description | |
| 47.01 | Pulp derived by mechanical or chemical means from any fibrous vegetable material | |
| 48.01 | Paper or paperboard (including cellulose wadding), in rolls or sheets | |
| At all events, the import of the products referred to above may not be held up in any way as a result of the application of this statistical monitoring. | |
| 2. Under the conditions and within the time limit referred to in paragraph 1, the Portuguese Republic may submit the products referred to in paragraph 1, originating in Spain, to prior monitoring on import for purely statistical purposes. | |
| Article 5 | |
| 1. Until 31 December 1988, the Portuguese Republic may subject to prior monitoring on import, purely for statistical purposes, the following products originating in Spain: | |
| (a) | products falling within the ECSC Treaty; | CCT heading No | Description | 73.14 | Iron or steel wire, whether or not coated, but not insulated | 73.15 | Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06 to 73.14: | A. | High carbon steel: | ex VIII. | Wire, whether or not coated, but not insulated: | — | Not coated | 73.18 | Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high-pressure hydro-electric conduits | |
| (b) | At all events, the import of the products referred to above may not be held up in any way as a result of the application of this statistical monitoring. | |
| The two parties may agree to extend this arrangement for statistical monitoring for a period which does not go beyond 31 December 1990. Where there is no agreement, and at the request of one of the two States, the Commission may decide to extend the arrangement if it notes that there are major disturbances on the Portuguese market. | |
| 2. Under the conditions provided for in the second subparagraph of paragraph 1, the Portuguese Republic may, until 31 December 1992, submit to prior monitoring on import, purely for statistical purposes, the following products originating in Spain: | |
| CCT heading No | Description | |
| 22.02 | Lemonade, flavoured spa waters and flavoured aerated waters, and other non-alcoholic beverages, not including fruit and vegetable juices falling within heading No 20.07 | |
| 22.03 | Beer made from malt | |
| 3. Under the conditions provided for in the first subparagraph of paragraph 1, the Kingdom of Spain may, until 31 December 1992, subject to prior monitoring, purely for statistical purposes, the products appearing in Annex VII of the Act of Accession and spirituous beverages falling within subheading 22.09 C of the Common Customs Tariff originating in Portugal. | |
| Article 6 | |
| 1. Until 31 December 1990 and for the products referred to in Article 4, where there are abrupt and major changes in their traditional trade patterns, the Kingdom of Spain and the Portuguese Republic shall consult, within a maximum of five working days from the date of request made by one of these Member States to examine the situation, in order to arrive at an agreement on the possible measures to be adopted. | |
| 2. Until 31 December 1988 and for the products referred to in Article 5 (1), where there are abrupt and major changes in the import into Portugal of products originating in Spain, the Kingdom of Spain and the Portuguese Republic shall consult each other, within a maximum of five working days from the date on which the request by the Kingdom of Spain, to examine the situation, is received, in order to arrive at an agreement on the possible measures to be adopted. | |
| 3. Should it prove impossible, in the consultations provided for in paragraphs 1 and 2, for the Kingdom of Spain and the Portuguese Republic to arrive at an agreement, the Commission, bearing in mind the criteria governing the safeguard clause referred to in Article 379 of the Act of Accession, shall, by an emergency procedure lay down the safeguard measures which it deems necessary, defining the conditions and means of application. | |
| Article 7 | |
| 1. In cases where the compensatory amounts referred to in Articles 72 and 240 of the Act of Accession or the compensatory amounts mechanism referred to in Article 270 are applied in trade between Spain and Portugal to one or more of the commodities considered as having been used in the manufacture of goods covered by Council Regulation (EEC) No 3033/80 of 11 November 1980 fixing the trade arrangements applicable to certain goods resulting from the processing of agricultural products, the transitional measures applicable shall be determined in accordance with the rules laid down in Articles 53 and 213 of that Act. The compensatory amounts applicable in trade between the Kingdom of Spain and the Portuguese Republic shall be levied or granted by the State in which the prices of the agricultural commodities concerned are the higher. | |
| 2. The customs duty constituting the fixed component in the taxation applicable, on the date of accession, to imports to Portugal from Spain and vice versa of goods covered by Regulation (EEC) No 3033/80, shall be determined in accordance with the provisions of Articles 53 and 213 of the Act of Accession. | |
| However, in cases where, for the products listed in Annex XIX of that Act, the customs duty constituting the fixed component in the taxation applicable by Portugal to imports from Spain, calculated according to the above provisions, is less than the duties given in that Annex, the latter shall apply. | |
| In cases where, for these same products, this customs duty is higher than the customs duty constituting the fixed component of the taxation applicable by Portugal to imports from the Community as at present constituted, the latter shall apply. | |
| The previous paragraph shall not apply to chocolate and other food preparations containing cocoa of heading No 18.06 of the Common Customs Tariff. In respect of such products, the fixed component in the taxation applicable by Portugal to imports from Spain may not be higher than 30 %. | |
| Article 8 | |
| 1. The Commission, taking due account of the provisions in force, in particular those relating to Community transit, shall determine the methods of administrative cooperation designed to ensure that the goods fulfilling the conditions required for that purpose benefit from the treatment laid down by this Protocol. | |
| These methods will include inter alia the measures necessary to ensure that goods which have benefited from the above treatment in Spain or Portugal, at the time of their further dispatch to the Community as at present constituted, are subject to the same treatment as that which would have been applicable to them had they been imported directly. | |
| 2. Until 28 February 1986, the arrangements currently governing trade relations between the Kingdom of Spain and the Portuguese Republic shall remain applicable to trade between Spain and Portugal. | |
| 3. The Commission shall determine the provisions applicable from 1 March 1986 to trade, between Spain and Portugal, in goods obtained in Spain or Portugal, in the manufacture of which were used: | |
| — | products which have not been subject to the customs duties and charges having equivalent effect which were applicable to them in Spain or Portugal, or which have benefited from a total or partial refund of such duties or charges, | |
| — | agricultural products which do not satisfy the conditions required to be admitted for free circulation in Spain or Portugal. | |
| In adopting these provisions, the Commission shall take account of the rules laid down in the Act of Accession for the elimination of customs duties between the Community as at present constituted and Spain and Portugal and for the gradual application, by the Kingdom of Spain and the Portuguese Republic, of the Common Customs Tariff and of the provisions relating to the common agricultural policy. | |
| Article 9 | |
| 1. Unless the Act of Accession and this Protocol provide otherwise, the customs legislation in force relating to trade with third countries shall apply under the same conditions to trade between Spain and Portugal, for as long as customs duties are levied in respect of such trade. | |
| For fixing the customs valuation in trade between Spain and Portugal, and in trade with third countries until: | |
| — | 31 December 1992 in the case of industrial products. | |
| — | 31 December 1995 in the case of agricultural products, | |
| the customs territory to be taken into consideration shall be that defined by the legislation in force in the Kingdom of Spain and in the Portuguese Republic on 31 December 1985. | |
| 2. In their trade, the Kingdom of Spain and the Portuguese Republic shall apply, as from 1 March 1986, the nomenclature of the Common Customs Tariff and that of the ECSC unified tariff. | |
| Article 10 | |
| The Portuguese Republic shall apply, in the context of its trade with the Canary Islands and Ceuta and Melilla, the specific arrangements agreed therefor between the Community as at present constituted and the Kingdom of Spain and referred to in Protocol 2. | |
| Article 11 | |
| Without prejudice to the second subparagraph of Article 1 (2) the Commission shall on accession adopt every measure of application which may prove necessary with a view to implementing the provisions of this Protocol, and in particular the procedures for applying the monitoring referred to in Articles 3, 4 and 5. | |
| ANNEX A | |
| List provided for in Article 2 of Protocol 3 | |
| Quota No | CCT heading No | Description | Basic quota | (1986) | Annual rate of increase | (%) | |
| 1 | 24.02 | Manufactured tobacco; tobacco extracts and essences: | A. | Cigarettes | 300 000 000 units | 20 | |
| 2 | 24.02 | B. | Cigars | 3 510 000 units | 20 | |
| 3 | 24.02 | C. | Smoking tobacco | D. | Chewing tobacco and snuff | E. | Other, including agglomerated tobacco in the form of sheets or strip | 60 tonnes | 20 | |
| 4 | 27.10 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing not less than 70 % by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: | ex A. | Light oils: | — | Excluding spirits for motors and excluding kerosenes | 7 427 tonnes | 10 | |
| 5 | 27.10 | ex A. | Light oils: | — | Spirits for motors | 9 531 tonnes | 10 | |
| 6 | 27.10 | ex A. | Light oils: | — | Kerosenes | 6 000 tonnes | 10 | |
| 7 | 27.10 | C. | Heavy oils: | I. | Gas oils | 7 400 tonnes | 18,5 | |
| 8 | 27.10 | C. | Heavy oils: | II. | Fuel oils | 13 600 tonnes | 12,5 | |
| 9 | 27.10 | C. | Heavy oils: | III. | Lubricating oils; other oils | 850 tonnes | 10 | |
| | 34.03 | Lubricating preparations, and preparations of a kind used for oil or grease treatment of textiles, leather or other materials, but not including preparations containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals: | ex A. | Containing petroleum oils or oils obtained from bituminous minerals: | — | Excluding lubricating preparations for the treatment of textiles, leather, skins and furs | | | |
| 10 | 27.11 | Petroleum gases and other gaseous hydrocarbons | 17 000 tonnes | 10 | |
| 11 | 27.12 | Petroleum jelly | 400 tonnes | 10 | |
| | 27.13 | Paraffin wax, nitro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and other mineral waxes, whether or not coloured | | | |
| 12 | 27.14 | Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals | 6 000 tonnes | 10 | |
| | 27.15 | Bitumen and asphalt, natural; bituminous shale, asphaltic rock and tar sands | | | |
| | 27.16 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cutbacks) | | | |
| ANNEX B | |
| List of products referred to in Article 3 of Protocol 3 | |
| Ceiling No | CCT heading No | Description | Basic volume | (1986) | |
| 1 | ex 58.04 | Woven pile fabrics and chenille fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05: | — | Of cotton | 65 tonnes | |
| | 58.09 | Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured; hand or mechanically made lace, in the piece, in strips or in motifs: | B. | Lace: | ex I. | Hand-made: | — | Excluding lace of cotton, wool and man-made fibres | II. | Mechanically made | | |
| | 60.01 | Knitted or crocheted fabric, not elastic or rubberized: | C. | Of other textile materials: | I. | Of cotton | | |
| 2 | 60.04 | Under garments, knitted or crocheted, not elastic or rubberized: | A. | Babies' garments; girls' garments up to and including commercial size 86: | I. | T-shirts: | a) | Of cotton | II. | Lightweight fine knit roll, polo or turtle-neck jumpers and pullovers: | a) | Of cotton | III. | Other: | b) | Of cotton | B. | Other: | IV. | Other: | d) | Of cotton | 1. | Men's and boys': | bb) | Pyjamas | 2. | Women's, girls' and infants': | aa) | Pyjamas | bb) | Nightdresses | 6 tonnes | |
| | 60.05 | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | A. | Outer garments and clothing accessories: | II. | Other: | ex a) | Outer garments of knitted or crocheted textile fabrics of heading No 59.08: | — | Of cotton | b) | Other: | 1. | Babies' garments, girls' garments up to and including commercial size 86: | cc) | Of cotton | 2. | Bathing costumes and trunks: | bb) | Of cotton | 3. | Tracksuits: | bb) | Of cotton | 4. | Other outer garments: | cc) | Dresses: | 44. | Of cotton | dd) | Skirts, including divided skirts: | 33. | Of cotton | e) | 4. | ee) | Trousers: | ex 33. | Of other textile materials: | — | Of cotton | ff) | Suits and coordinate suits (excluding ski-suits), for men and boys: | ex 22. | Of other textile materials: | — | Of cotton | gg) | Suits and coordinate suits (excluding ski-suits), and costumes, for women, girls and infants: | 44. | Of cotton | hh) | Coats, jackets (excluding anoraks, windcheaters, waister jackets and the like) and blazers: | 44. | Of cotton | ijij) | Anoraks, windcheaters, waister jackets and the like: | ex 11. | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | kk) | Ski-suits consisting of two or three pieces: | ex 11. | Of wool or fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | ll) | Other outer garments: | 44. | Of cotton | 5. | Clothing accessories: | ex cc) | Of other textile materials: | — | Of cotton | B. | Other | ex III. | Of other textile materials: | — | Of cotton | | |
| 3 | 61.01 | Men's and boy's outer garments: | A. | Garments of the ‘cowboy’ type and other similar garments for amusement and play, less than commercial size 158; garments of textile fabric of heading No 59.08, 59.11 or 59.12: | II. | Other | ex a) | Coats: | — | Of cotton | ex b) | Other: | — | Of cotton | B. | Other: | I. | Industrial and occupational clothing: | a) | Overalls, including boiler suits and bibs and braces: | — | Of cotton | b) | Other: | 1. | Of cotton | II. | Swimwear: | ex b) | Of other textile materials: | — | Of cotton | III. | Bath robes, dressing gowns, smoking jackets and similar indoor wear: | b) | Of cotton | IV. | Parkas, anoraks, windcheaters, waister jackets and the like: | b) | Of cotton | V. | Other: | a) | Jackets (excluding waister jackets) and blazers: | 3. | Of cotton | b) | Overcoats, raincoats and other coats; cloaks and capes: | 3. | Of cotton | c) | Suits and coordinate suits (excluding ski-suits): | 3. | Of cotton | f) | Ski-suits consisting of two or three pieces: | ex 1. | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | g) | Other garments: | 3. | Of cotton | 10 tonnes | |
| | 61.02 | Women's, girls' and infants' outer garments: | A. | Babies' garments; girls' garments up to and including commercial size 86: garments of the ‘cowboy’ type and other similar garments for amusement and play, less than commercial size 158: | I. | Babies' garments; girls' garments up to and including commercial size 86: | a) | Of cotton | B. | Other: | I. | Garments of textile fabric of heading No 59.08, 59.11 or 59.12: | ex a) | Coats: | — | Of cotton | ex b) | Other | — | Of cotton | II. | Other: | a) | Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use): | 1. | Of cotton | b) | Swimwear: | ex 2. | Of other textile materials | — | Of cotton | c) | Bath robes, dressing gowns, bed jackets and similar indoor wear: | 2. | Of cotton | d) | Parkas; anoraks, windcheaters, waister jackets and the like: | 2. | Of cotton | e) | Other: | 1. | Jackets (excluding waister jackets) and blazers: | cc) | Of cotton | 2. | Coats and raincoats, cloaks and capes: | cc) | Of cotton | 3. | Suits and coordinate suits (excluding ski-suits), and costumes: | cc) | Of cotton | 4. | Dresses: | ee) | Of cotton | 5. | Skirts, including divided skirts: | cc) | Of cotton | 8. | Ski-suits consisting of two or three pieces: | ex aa) | Of wool or of fine animal hair, of cotton or of man-made textile fibres: | — | Of cotton | 9. | Other garments: | cc) | Of cotton | | |
| 4 | 61.03 | Men's and boys' under garments, including collars, shirt fronts and cuffs: | B. | Pyjamas: | II. | Of cotton | C. | Other: | II. | Of cotton | 3 tonnes | |
| | 61.04 | Women's, girls' and infants' under garments: | A. | Babies' garments; girls' garments up to and including commercial size 86: | I. | Of cotton | B. | Other: | I. | Pyjamas and nightdresses: | b) | Of cotton | II. | Other | b) | Of cotton | | |
| 5 | 60.04 | Under garments, knitted or crocheted, not elastic or rubberized: | B. | Other: | IV. | Other: | b) | Of synthetic textile fibres: | 1. | Men's and boys': | cc) | Underpants and briefs | 2. | Women's, girls' and infants': | dd) | Knickers and briefs | d) | Of cotton: | 1. | Men's and boys': | cc) | Underpants and briefs | 2. | Women's, girls' and infants': | cc) | Knickers and briefs | 1 million articles | |
| 6 | 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarineindene resins) | 12 000 tonnes | |
| 7 | 45.02 | Natural cork in blocks, plates, sheets or strips (including cubes or square slabs, cut to size for corks or stoppers) | 1 tonne | |
| 8 | 45.03 | Articles of natural cork | 200 tonnes | |
| 9 | 45.04 | Agglomerated cork (being cork agglomerated with or without a binding substance) and articles of agglomerated cork: | 500 tonnes | |
| ANNEX C | |
| List of products referred to in Article 3 of Protocol 3 | |
| Ceiling No | CCT heading No | Description | Basic volume | (1990) | |
| 1 | 55.05 | Cotton yarn, not put up for retail sale | 245 tonnes | |
| 2 | 55.09 | Other woven fabrics of cotton | 245 tonnes | |
| 3 | 56.07 | Woven fabrics of man-made fibres (discontinuous or waste): | A. | Of synthetic textile fibres | 325 tonnes | |
| 4 | 60.04 | Under garments, knitted or crocheted, not elastic or rubberized: | B. | Other: | I. | T-shirts | II. | Lightweight fine knit roll, polo or turtle-neck jumpers and pullovers: | a) | Of cotton | b) | Of synthetic textile fibres | c) | Of regenerated textile fibres | IV. | Other: | b) | Of synthetic textile fibres: | 1. | Men's and boys': | aa) | Shirts | dd) | Other | 2. | Women's, girls' and infants': | ee) | Other | d) | Of cotton: | 1. | Men's and boys': | aa) | Shirts | dd) | Other | 2. | Women's, girls' and infants': | dd) | Other | 814 000 articles | |
| 5 | 60.05 | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | A. | Outer garments and clothing accessories: | I. | Jerseys and pullovers, containing at least 50 % by weight of wool and weighing 600 g or more per article; garments of the ‘cowboy’ type and other similar garments for amusement and play, less than commercial size 158: | a) | Jerseys and pullovers, containing at least 50 % by weight of wool and weighing 600 g or more per article | II. | Other: | b) | Other: | 4. | Other outer garments: | bb) | Jerseys, pullovers, slip-overs, waistcoats, twinsets, cardigans, bed jackets and jumpers: | 11. | Men's and boys': | aaa) | Of wool | bbb) | Of fine animal hair | ccc) | Of synthetic textile fibres | ddd) | Of regenerated textile fibres | eee) | Of cotton | 22. | Women's, girls' and infants': | bbb) | Of wool | ccc) | Of fine animal hair | ddd) | Of synthetic textile fibres | eee) | Of regenerated textile fibres | fff) | Of cotton | 652 000 articles | |
| 6 | 61.01 | Men's and boys' outer garments: | B. | Other: | V. | Other: | d) | Shorts: | 1. | Of wool or of fine animal hair | 2. | Of man-made textile fibres | 3. | of cotton | e) | Trousers: | 1. | Of wool or of fine animal hair | 2. | Of man-made textile fibres | 3. | Of cotton | 407 000 articles | |
| | 61.02 | Women's, girls' and infants' outer garments: | B. | Other: | II. | Other: | e) | Other: | 6. | Trousers and slacks: | aa) | Of wool or of fine animal hair | bb) | Of man-made textile fibres | cc) | Of cotton | | |
| 7 | 60.05 | Outer garments and other articles knitted or crocheted not elastic or rubberized: | A. | Outer garments and clothing accessories: | II. | Other: | b) | Other: | 4. | Other outer garments: | aa) | Blouses and shirt-blouses for women, girls and infants: | 22. | Of wool or of fine animal hair | 33. | Of synthetic textile fibres | 44. | Of regenerated textile fibres | 55. | Of cotton | 293 000 articles | |
| | 61.02 | Women's, girls' and infants' outer garments: | B. | Other: | II. | Other: | e) | Other: | 7. | Blouses and shirt-blouses: | bb) | Of man-made textile fibres | cc) | Of cotton | ex dd) | Of other textile materials: | — | Of wool or of fine animal hair | | |
| 8 | 61.03 | Men's and boys' under garments, including collars, shirt fronts and cuffs: | A. | Shirts: | I. | Of synthetic textile fibres | II. | Of cotton | ex III. | Of other textile materials: | — | Of wool or of fine animal hair | — | Of regenerated textile fibres | 814 000 articles | |
| 9 | 55.08 | Terry towelling and similar terry fabrics, of cotton | 325 tonnes | |
| | 62.02 | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | B. | Other: | III. | Toilet linen and kitchen linen: | a) | Of cotton: | 1. | Of terry towelling and similar terry fabrics | | |
| 10 | 61.05 | Handkerchiefs: | A. | Of cotton: | ex C. | Of other textile materials: | — | of wool or of fine animal hair | — | of man-made textile fibres | 1,6 tonnes | |
| 11 | 62.02 | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | B. | Other: | I. | Bed linen: | a) | Of cotton | ex c) | Of other textile materials: | — | Of wool or of fine animal hair | — | Of man-made textile fibres | 407 tonnes | |
| 12 | 51.04 | Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 51.01 or 51.02: | A. | Woven fabrics of synthetic textile fibres: | III. | Fabrics made from strip or the like or polyethylene or polypropylene, of a width of: | a) | Less than 3 m | 325 tonnes | |
| | 62.03 | Sacks and bags, of a kind used for the packing of goods: | B. | Of other textile materials: | II. | Other: | b) | Of fabric of synthetic textile fibres: | 1. | Made from polyethylene or polypropylene strip | | |
| 13 | 62.02 | Bed linen, table linen, toilet linen and kitchen linen, and other furnishing articles: | B. | Other: | II. | Table linen: | a) | Of cotton | ex c) | Of other textile materials: | — | Of wool or of fine animal hair | — | Of man-made textile fibres | III. | Toilet linen and kitchen linen: | a) | Of cotton | 2. | Other | ex c) | Of other textile materials: | — | Of wool or of fine animal hair | — | Of man-made textile fibres | 245 tonnes | |
| 14 | 59.04 | Twine, cordage, ropes and cables, plaited or not | 2 282 tonnes | |
| | of which: ex 59.04 | — | Of synthetic textile fibres | 1 466 tonnes | |
| Protocol 4 | |
| Mechanism for additional responsibilities within the framework of fisheries agreements concluded by the Community with third countries | |
| 1. | A specific system is hereby established for the execution of operations carried out as a complement to fishing activities undertaken by vessels flying the flag of a Member State of the Community in waters falling under the sovereignty or within the jurisdiction of a third country within the framework of responsibilities created under fisheries agreements concluded by the Community with the third countries in question. | |
| 2. | Operations considered likely to occur by way of addition to fishing activities subject to the conditions and within the limits stipulated in points 3 and 4 relate to: | — | processing, in the territory of the third country concerned, of fishery products caught by vessels flying the flag of a Member State of the Community in the waters of that third country in the course of fishing activities carried out by virtue of a fisheries agreement, with a view to those products being put on the Community market under tariff headings falling within Chapter 03 of the Common Customs Tariff, | — | loading or transhipment aboard a vessel flying the flag of a Member State of the Community occurring within the framework of activities provided for under such a fisheries agreement, of fishery products falling within Chaper 03 of the Common Customs Tariff with a view to their transport and any processing for the purpose of being put on the Community market. | |
| 3. | The import into the Community of products having been the subject of the operations referred to in paragraph 2 shall be carried out subject to suspension, in part or in whole, of the Common Customs Tariff duties or subject to a special system of charges, under the conditions and within the limits of additionality fixed annually in relation to the volume of fishing possibilities deriving from the agreements in question and from their accompanying detailed rules. | |
| 4. | The Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 March 1986, adopt the general rules of application of this system and in particular the criteria for fixing and apportioning the quantities concerned. | Such adjustments to this system as may prove necessary in the light of experience acquired, shall be adopted in accordance with the same procedure. | The detailed implementing rules of this system and the quantities concerned shall be adopted in accordance with the procedure of Article 33 of Regulation (EEC) No 3796/81. | |
| Protocol 5 | |
| on the participation of the new Member States in the funds of the European Coal and Steel Community | |
| The contributions of the new Member States to the funds of the European Coal and Steel Community shall be fixed as follows: | |
| — | the Kingdom of Spain, 54 400 000 ECU, | |
| — | the Portuguese Republic, 2 475 000 ECU. | |
| These contributions shall be paid: | |
| — | for the Kingdom of Spain in three interest-free equal annual instalments starting on 1 January 1986, | |
| — | for the Portuguese Republic in four interest-free equal annual instalments starting on 1 January 1986. | |
| Each instalment shall be paid in the freely convertible national currency of each of these new Member States. | |
| Protocol 6 | |
| concerning annual Spanish tariff quotas on the import of motor vehicles falling within subheading 87.02 A I b) of the Common Customs Tariff referred to in Article 34 of the Act of Accession | |
| 1. | The Kingdom of Spain shall, from 1 January 1986, open annual tariff quotas for the import of motor vehicles for the transport of persons, with either a spark ignition or a compression ignition engine, other than motor coaches and buses, falling within subheading 87.02 A I b) of the Common Customs Tariff, originating in the Community as at present constituted. The customs duty applicable within the limits of this tariff quota shall be fixed at 17,4 %. The quota shall be abolished on 31 December 1988. | The basic volume of the tariff quota shall be fixed at 32 000 motor vehicles. It shall be increased to 36 000 units on 1 January 1987 and 40 000 units on 1 January 1988. | |
| 2. | The annual volumes shall be divided into two instalments. | The first instalments shall be subdivided into four categories of cylinder capacity: | — | less than 1 275 cc, | — | from 1 275 up to and including 1 990 cc, | — | more than 1 990 up to and including 2 600 cc, | — | more than 2 600 cc. | The second instalments shall make up the reserve. | The distribution of the first instalments shall be fixed as follows: | (a) | for 1986: 28 000 units, of which: | — | 3 000 units for the category of less than 1 275 cc, | — | 13 000 units for the category from 1 275 up to and including 1 990 cc, | — | 11 000 units for the category of more than 1 990 up to and including 2 600 cc, | — | 1 000 units for the category of more than 2 600 cc; | (b) | for 1987: 32 000 units, of which: | — | 3 400 units for the category of less than 1 275 cc, | — | 14 850 units for the category from 1 275 up to and including 1 990 cc, | — | 12 600 units for the category of more than 1 990 up to and including 2 600 cc, | — | 1 150 units for the category of more than 2 600 cc; | (c) | for 1988: 36 000 units, of which: | — | 3 850 units for the category of less than 1 275 cc, | — | 16 700 units for the category from 1 275 up to and including 1 990 cc, | — | 14 150 units for the category of more than 1 990 up to and including 2 600 cc, | — | 1 300 units for the category of more than 2 600. | The annual reserve of 4 000 vehicles for each of the years 1986, 1987 and 1988 shall cover imports of vehicles of all cylinder capacities. However, use of this reserve shall be limited to motor vehicles originating in Italy and the United Kingdom, 2 000 vehicles being allocated to each of these Member States. | |
| 3. | The provisions relating to the administration and application of the annual tariff quota shall, in particular, guarantee equal and continued access of all motor vehicles constructed in the Community as at present constituted and the uninterrupted application of the customs duty laid down for the said quota to all producers from the Community as at present constituted until the quota is exhausted. The provisions shall ensure that the quota volume is entirely used up at the end of each year. | The position with regard to the use of the annual tariff quota shall be reviewed jointly by the Kingdom of Spain and the Commission on 1 October of each year. | |
| 4. | The Kingdom of Spain shall forward to the Commission on 15 March, 15 May, 15 July, 15 September, 15 November and 15 January of each year the following information: | — | the extent to which each part of the quota is used up, | — | any growth in volume of the parts, following withdrawals from the reserve, | — | returns to the reserve, | — | the state of the reserve, | — | any other information the Commission deems necessary. | |
| 5. | Before any act implementing this Protocol, in whatever form including decree, directive or administrative instruction, is brought into force by the Kingdom of Spain, such act must first be submitted to the Commission so that it may be examined for its compatibility with the Treaty, the Act of Accession and, in particular, this Protocol. The Kingdom of Spain shall notify the Commission of any amendment to the text of such an act. | |
| Protocol 7 | |
| on Spanish quantitative quotas | |
| 1. | The quotas referred to in Article 43 shall be global and open without discrimination to all the present Member States. They shall be open to all operators without restriction. | |
| 2. | Quotas shall be open in one instalment at the beginning of the calendar year. | However, the Kingdom of Spain may open these quotas in two equal instalments, the second instalment starting at the beginning of the second half of the year. In that case the remainder of the first instalment shall be carried over to the second instalment so as to comply with the global annual amount. | |
| 3. | The Kingdom of Spain shall notify the Commission each year or each half year and shall publish officially the opening of the quotas. | |
| 4. | The time limit for making an application for a licence shall be for a minimum of four weeks from the publication or notification; once this time limit has expired, the Kingdom of Spain shall grant the licences within a maximum period of 20 working days. | |
| 5. | The import licence shall be valid for at least six months. | |
| 6. | The Kingdom of Spain shall furnish information to the Commission at half-yearly intervals on the use of the quotas. | |
| Protocol 8 | |
| on Spanish patents | |
| 1. | The Kingdom of Spain shall upon accession adjust its patent law so as to make it compatible with the principles of the free movement of goods and with the level of protection of industrial property attained in the Community, in particular in the fields of contractual licensing rules, of exclusive compulsory licensing, of the compulsory exploitation of a patent and also the patent of importation. | To that end, close cooperation shall be instituted between the Commission services and the Spanish authorities; this cooperation shall also cover the problems of transition of current Spanish law towards new law. | |
| 2. | The Kingdom of Spain shall introduce, in its national legislation, a provision on shifting the burden of proof corresponding to Article 75 of the Luxembourg Convention of 15 December 1975 on the Community patent. | This provision shall apply upon accession with regard to new process patents filed as from the date of accession. | For patents filed prior to that date, this provision shall apply not later than 7 October 1992. | However, this provision shall not apply if the infringement proceedings are brought against the holder of another process patent for the manufacture of a product identical to that obtained as the result of the patented process of the plaintiff, if that other patent was issued before the date of accession. Nevertheless, the Kingdom of Spain shall repeal from accession Article 273 of its law relating to patents, currently in force. | In cases where shifting the burden of proof does not apply, the Kingdom of Spain shall continue to require the patent holder to adduce proof of infringement. In all these cases the Kingdom of Spain shall however pass new legislation with effect from 7 October 1992, introducing a judicial procedure known as ‘distraint-description’. | ‘Distraint-description’ means a procedure forming part of the system referred to in the preceding paragraphs by which any person entitled to bring an action for infringement may, after obtaining a Court order, granted on his application, cause a detailed description to be made, at the premises of the alleged infringer, by a bailiff assisted by experts, of the processes in question, in particular by photocopying technical documents, with or without actual distraint. This Court order may order the payment of a security, intended to grant damages to the alleged infringer in case of injury caused by the ‘distraint-description’. | |
| 3. | The Kingdom of Spain shall accede to the Munich Convention of 5 October 1973 on the European patent within the required time limits so as to allow it to invoke the provisions of Article 167 of the said Convention solely for chemical and pharmaceutical products. | In this context and taking account of the fulfilment of the undertaking entered into by the Kingdom of Spain under paragraph 1, the Member States of the Community in their capacity as Contracting States to the Munich Convention undertake to use their best endeavours to ensure, should a request be submitted by the Kingdom of Spain in accordance with that Convention, an extension — beyond 7 October 1987 and for the maximum period laid down in the Munich Convention — of the validity of the reserve laid down in the said Article 167. If the extension of the abovementioned reserve is not obtained, the Kingdom of Spain may rely upon Article 174 of the Munich Convention, it being understood that the Kingdom of Spain will, in any event, accede to that Convention not later than 7 October 1992. | |
| 4. | On the expiry of the abovementioned derogation, the Kingdom of Spain shall accede to the Luxembourg Convention on the Community patent. | The Kingdom of Spain may invoke Article 95 (4) of the said Convention with a view to introducing the purely technical adaptations made necessary by its accession to the said Convention, it being however understood that such an invocation will in no way delay the accession of the Kingdom of Spain to the Luxembourg Convention beyond the abovementioned date. | |
| Protocol 9 | |
| on trade in textile products between Spain and the Community as at present constituted | |
| Article 1 | |
| The Kingdom of Spain shall, under the conditions laid down in Articles 2, 3 and 4, control until 31 December 1989 exports to the present Member States of the products indicated in the list appearing in Annex A, on the basis of the quantities set out in that list. | |
| Article 2 | |
| The Community and the Kingdom of Spain shall establish, for such time as Article 1 is applicable, administrative cooperation under the conditions defined in Annex B. | |
| Article 3 | |
| After prior notification to the Commission, the Kingdom of Spain may apply to its exports to the present Member States of the products indicated in the list appearing in Annex A the flexibility provisions laid down in Annex C. | |
| Article 4 | |
| The Commission and the competent authorities of the Kingdom of Spain shall enter into, if the situation so requires, appropriate consultations in order to avoid situations arising which would necessitate recourse to protective measures. | |
| Article 5 | |
| 1. If the quantities indicated in Annex A are reached, or if sudden and substantial variations as compared with traditional trade flows are recorded with regard to the import into the present Member States of the products listed in Annex B (1), the Commission shall determine, at the request of the Member State concerned and following the emergency procedure laid down in Article 379 (2) of the Act, such protective measures as it deems necessary. | |
| 2. If sudden and substantial variations as compared with traditional trade flows are recorded with regard to the import into Spain of the products listed in Annex B (9), the Commission shall determine at the request of the Kingdom of Spain and following the emergency procedure laid down in Article 379 (2) of the Act, such protective measures as it deems necessary. | |
| ANNEX A | |
| List provided for in Article 1 | |
| Category | CCT heading No | NIMEXE code | (1985) | Description | Unit | 1986 | 1987 | 1988 | 1989 | |
| 1 | 55.05 | 55.05-13, 19, 21, 25, 27, 29, 33, 35, 37, 41, 45, 46, 48, 51, 53, 55, 57, 61, 65, 67, 69, 72, 78, 81, 83, 85, 87 | Cotton yarn, not put up for retail sale | Tonnes | 23 791 | 26 408 | 29 841 | 34 317 | |
| 6 | 61.01 | | Men's and boys' outer garments: | 1 000 pieces | 9 623 | 10 682 | 12 071 | 13 881 | |
| | B | V | d) | 1 | | | | | | | | | |
| | | | | 2 | | | | | | | | | |
| | | | | 3 | | | | | | | | | |
| | | | e) | 1 | | | | | | | | | |
| | | | | 2 | | | | | | | | | |
| | | | | 3 | | | | | | | | | |
| | 61.02 | | Women's, girls' and infants' outer garments: | | | | | | |
| | B | II | e) | 6 | aa) | | B. Other: | | | | | | |
| | | | | | bb) | | | | | | | | |
| | | | | | cc) | | | | | | | | |
| | | | | | | 61.01-62, 64, 66, 72, 74, 76 | Men's and boys' woven breeches, shorts and trousers (including slacks); women's, girls' and infants' woven trousers and slacks, of wool, of cotton or of man-made textile fibres | | | | | | |
| | | | | | | 61.02-66, 68, 72 | | | | | | |
| 13 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | 1 000 pieces | 48 287 | 53 599 | 60 567 | 69 652 | |
| | B | IV | b) | 1 | cc) | | Men's and boys' underpants and briefs, women's, girls' and infants' (other than babies') knickers and briefs, knitted or crocheted, not elastic or rubberized, of cotton or synthetic textile fibres | | | | | | |
| | | | | 2 | dd) | | | | | | | |
| | | | d) | 1 | cc) | 60.04-48, 56, 75, 85 | | | | | | |
| | | | | 2 | cc) | | | | | | | |
| 20 | 62.02 | | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | Tonnes | 1 837 | 2 039 | 2 304 | 2 650 | |
| | B | I a) | | | | | | | | | | |
| | | b) | | | | | | | | | | | |
| | | | | | | | B. Other: | | | | | | |
| | | | | | | 62.02-12, 13, 19 | Bed linen, woven | | | | | | |
| 22 | 56.05 | | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale: | Tonnes | 3 958 | 4 393 | 4 964 | 5 709 | |
| | A | | | | | | | | | | | |
| | | | | | | | A. Of synthetic textile fibres: | | | | | | |
| | | | | | | 56.05-03, 05, 07, 09, 11, 13, 15, 19, 21, 23, 25, 28, 32, 34, 36, 38, 39, 42, 44, 45, 46, 47 | Yarn of discontinuous or waste synthetic fibres, not put up for retail sale | | | | | | |
| ANNEX B | |
| Administrative cooperation provided for in Article 2 | |
| EXPORTS OF TEXTILE PRODUCTS ORIGINATING IN SPAIN | |
| 1. List of products subject to administrative cooperation arrangements: | |
| Category | CCT heading No | NIMEXE code | (1985) | Description | Unit | |
| 1 | 55.05 | 55.05-13, 19, 21, 25, 27, 29, 33, 35, 37, 41, 45, 46, 48, 51, 53, 55, 57, 61, 65, 67, 69, 72, 78, 81, 83, 85, 87 | Cotton yarn, not put up for retail sale | Tonnes | |
| 2 | 55.09 | | Other woven fabrics of cotton: | Tonnes | |
| | | | | | | | | 55.09-03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 29, 32, 34, 35, 37, 38, 39, 41, 49, 51, 52, 53, 54, 55, 56, 57, 59, 61, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 98, 99 | Woven fabrics of cotton, other than gauze, terry fabrics, narrow woven fabrics, pile fabrics, chenille fabrics, tulle and other net fabrics: | | |
| | | | | | | | | 55.09-06, 07, 08, 09, 51, 52, 53, 54, 55, 56, 57, 59, 61, 63, 64, 65, 66, 67, 70, 71, 73, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 98, 99 | a) Of which other than unbleached or bleached | | |
| 3 | 56.07 | | Woven fabrics of man-made fibres (discontinuous or waste): | Tonnes | |
| | A | | | | | | | | | | |
| | | | | | | | | | A. Of synthetic textile fibres: | | |
| | | | | | | | | 56.07-01, 04, 05, 07, 08, 10, 12, 15, 19, 20, 22, 25, 29, 30, 31, 35, 38, 39, 40, 41, 43, 45, 46, 47, 49 | Woven fabrics of synthetic fibres (discontinuous or waste) other than narrow woven fabrics, pile fabrics (including terry fabrics) and chenille fabrics: | | |
| | | | | | | | | 56.07-01, 05, 07, 08, 12, 15, 19, 22, 25, 29, 31, 35, 38, 40, 41, 43, 46, 47, 49 | a) Of which other than unbleached or bleached | | |
| 4 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | 1 000 pieces | |
| | B | I | | | | | | | | | |
| | | II | a) | | | | | 60.04-19, 20, 22, 23, 24, 26, 41, 50, 58, 71, 79, 89 | Shirts, T-shirts, lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, undervests and the like, knitted or crocheted, not elastic or rubberized, other than babies' garments, of cotton or synthetic textile fibres; T-shirts and lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, of regenerated textile fibres, other than babies' garments | | |
| | | | b) | | | | | | |
| | | | c) | | | | | | |
| | | IV | b) | 1 | aa) | | | | |
| | | | | | dd) | | | | |
| | | | | 2 | ee) | | | | |
| | | | d) | 1 | aa) | | | | |
| | | | | | dd) | | | | |
| | | | | 2 | dd) | | | | |
| 5 | 60.05 | | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | 1 000 pieces | |
| | A | I | | | | | | | | |
| | | II | b) | 4 | bb) | 11 | aaa) | | A. Outer garments and clothing accessories: | | |
| | | | | | | | bbb) | | | | |
| | | | | | | | ccc) | | | | |
| | | | | | | | ddd) | | | | |
| | | | | | | | eee) | | | | |
| | | | | | | 22 | bbb) | 60.05-01, 31, 33, 34, 35, 36, 39, 40, 41, 42, 43 | Jerseys, pullovers, slip-overs, waistcoats, twinsets, cardigans, bedjackets and jumpers, knitted or crocheted, not elastic or rubberized, of wool, of cotton or of man-made textile fibres | | |
| | | | | | | | ccc) | | |
| | | | | | | | ddd) | | |
| | | | | | | | eee) | | |
| | | | | | | | fff) | | |
| 6 | 61.01 | | Men's and boys' outer garments: | 1 000 pieces | |
| | B | V | d) | 1 | | | | | | | |
| | | | | 2 | | | | | | | |
| | | | | 3 | | | | | | | |
| | | | e) | 1 | | | | | | | |
| | | | | 2 | | | | | | | |
| | | | | 3 | | | | | | | |
| | 61.02 | | Women's, girls' and infants' outer garments: | | |
| | B | II | e) | 6 | aa) | | | | B. Other: | | |
| | | | | | bb) | | | | | | |
| | | | | | cc) | | | | | | |
| | | | | | | | | 61.01-62, 64, 66, 72, 74, 76 | Men's and boys' woven breeches, shorts and trousers (including slacks); women's, girls' and infants' woven trousers and slacks, of wool, of cotton or of man-made textile fibres | | |
| | | | | | | | | 61.02-66, 68, 72 | | |
| 13 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | 1 000 pieces | |
| | B | IV | b) | 1 | cc) | | | | | | |
| | | | | 2 | dd) | | | 60.04-48, 56, 75, 85 | Men's and boys' underpants and briefs, women's, girls' and infants' (other than babies') knickers and briefs, knitted or crocheted, not elastic or rubberized, of cotton or synthetic textile fibres | | |
| | | | d) | 1 | cc) | | | | | |
| | | | | 2 | cc) | | | | | |
| 20 | 62.02 | | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | Tonnes | |
| | B | I | a) | | | | | | | |
| | | | c) | | | | | | B. Other: | | |
| | | | | | | | | 62.02-12, 13, 19 | Bed linen, woven | | |
| 22 | 56.05 | | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale: | Tonnes | |
| | A | | | | | | | | | |
| | | | | | | | | | A. Of synthetic textile fibres: | | |
| | | | | | | | | 56.05-03, 05, 07, 09, 11, 13, 15, 19, 21, 23, 25, 28, 32, 34, 36, 38, 39, 42, 44, 45, 46, 47 | Yarn of discontinuous or waste synthetic fibres, not put up for retail sale: | | |
| | | | | | | | | 56.05-21, 23, 25, 28, 32, 34, 36 | a) Of which acrylic | | |
| 23 | 56.05 | | Yarn of man-made fibres (discontinuous or waste), not put up for retail sale: | Tonnes | |
| | B | | | | | | | | | | |
| | | | | | | | | | B. Of regenerated textile fibres: | | |
| | | | | | | | | 56.05-51, 55, 61, 65, 71, 75, 81, 85, 91, 95, 99 | Yarn of discontinuous or waste regenerated fibres, not put up for retail sale | | |
| 2. | The Spanish competent authorities shall issue an export licence for any export of textile products of the categories, tariff headings and NIMEXE codes referred to in point 1 originating in Spain and intended to be sent to the present Member States with a view to their definitive import. | |
| 3. | On sight of the export licence referred to in point 2, the Spanish competent authorities shall issue export licence certificates. | |
| These certificates shall contain in particular the details which must appear on the importer's declaration or request referred to in point 6. | |
| 4. | The Spanish competent authorities shall notify the Commission within the first 10 days of each quarter, broken down by Member State and product category, of: | (a) | the quantities for which export certificates have been issued during the preceding quarter; | (b) | the exports made during the quarter preceding the period referred to in (a). | |
| 5. | The Spanish competent authorities shall also notify on a quarterly basis the Commission and the competent authorities of the present Member States of the serial numbers of the export licence certificates that have expired and any other information they may consider relevant to the matter. | |
| 6. | The definitive import into a present Member State of products covered by the present administrative cooperation shall be subject to the submission of an import document. This document shall be issued or endorsed by a competent authority of the importing Member State, free of charge, for all the quantities requested, within a maximum period of five working days after lodging, in accordance with the national laws in force, either a declaration, or simply a request, by any importer from the Member States regardless of where he is established in the Community. This import document shall only be issued or endorsed on the sight of an export licence certificate issued by the Spanish competent authorities. | |
| The declaration or request of the importer shall indicate: | |
| (a) | the name and address of the importer and exporter; | |
| (b) | the description of the product, indicating: | — | the trade designation, | — | the category number of the product indicated in column 1 of the list appearing in point 1, | — | the tariff heading or reference number of the nomenclature of goods of the national statistics of foreign trade, | — | the country of origin; | |
| (c) | the indication of the product in the unit appearing in column 5 of the list appearing in point 1; | |
| (d) | the date or dates laid down for import. | |
| The importing Member State may request further datails; this must not however result in any barrier to imports. | |
| This point shall not prevent the definitive import of the products in question if the quantity of products entered for import exceeds in toto by less than 5 %, the quantity mentioned in the import document. | |
| 7. | Where a requested import document concerns a quantity less than the quantity indicated in the export licence certificate, that certificate shall be returned to the importer with a note on the back stating the quantity for which an import document was issued. | |
| 8. | The present Member States shall notify the Commission within the first 10 days of each quarter, broken down by product category, of: | (a) | the quantities for which the import documents have been issued or endorsed during the preceding quarter; | (b) | the imports made during the quarter preceding the period referred to in (a). | |
| 10. | Import into Spain of the products referred to in point 9 originating in the Member States shall be subject to the submission of an import document. This | |
| IMPORTS INTO SPAIN OF TEXTILE PRODUCTS ORIGINATING IN THE COMMUNITY | |
| 9. List of products subject to administrative cooperation arrangements: | |
| CCT heading No | NIMEXE code | (1985) | Description | Unit | |
| 55.05 | 55.05-13, 19, 21, 25, 27, 29, 33, 35, 37, 41, 45, 46, 48, 51, 53, 55, 57, 61, 65, 67, 69, 72, 78, 81, 83, 85, 87 | Cotton yarn, not put up for retail sale | Tonnes | |
| 55.06 | 55.06-10, 90 | Cotton yarn, put up for retail sale | | |
| 55.09 | | Other woven fabrics of cotton: | Tonnes | |
| | | 55.09-03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 29, 32, 34, 35, 37, 38, 39, 41, 49, 51, 52, 53, 54, 55, 56, 57, 59, 61, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 98, 99 | Woven fabrics of cotton, other than gauze, terry fabrics, narrow woven fabrics, pile fabrics, chenille fabrics, tulle and other net fabrics | | |
| ex 62.02 | ex 62.02-09 | Net curtains, other than knitted or crocheted, of cotton | Tonnes | |
| A | II | | | | |
| 62.02 | 62.02-12, 13, 40, 42, 44, 46, 51, 59, 71, 72, 74 | Bed linen, table linen, toilet linen and kitchen linen, other than knitted or crocheted, of cotton | | |
| B | I a) | | |
| | II a) | | |
| | III a) | | |
| 62.02 | 62.02-83, 85 | Curtains and furnishing articles, other than knitted or crocheted of cotton | | |
| B | IV a) | | | |
| 62.03 | 62.03-11, 13, 15, 17, 20, 30, 40, 51, 59, 97, 98 | Sacks and bags, of a kind used for the packing of goods, other than knitted or crocheted | | |
| 62.05 | 62.05-20 | Floor cloths, dishcloths, dusters and the like, other than knitted or crocheted | | |
| C | | | | |
| ex 62.05 | ex 62.05-01 | Other made up articles, other than knitted or crocheted, of cotton, including dress patterns | | |
| A | | | | |
| ex 62.05 | ex 62.05-10 | | | |
| B | | | | | |
| ex 62.05 | ex 62.05-93 | | | |
| E | | ex 62.05-95 | | | |
| | | ex 62.05-99 | | | |
| document shall be issued or endorsed by the Spanish competent authority, free of charge, for all the quantities requested, within a maximum period of five working days after lodging, in accordance with the national laws in force, either a declaration, or simply a request, by any importer from the Member States regardless of where he is established in the Community. | |
| The declaration or request of the importer shall indicate: | |
| (a) | the name and address of the importer and exporter; | |
| (b) | the description of the product, indicating: | — | the trade designation, | — | the tariff heading or reference number of the nomenclature of goods of the national statistics of foreign trade, | — | the country of origin; | |
| (c) | the indication of the product in the unit appearing in column 4 of the list appearing in point 9; | |
| (d) | the date or dates laid down for import. | |
| The Kingdom of Spain may request further details; this must not however result in any barrier to imports. | |
| This point shall not prevent the definitive import of the products in question if the quantity of products entered for import exceeds, in total, by less than 5 %, the quantity mentioned in the import document. | |
| 11. | The Kingdom of Spain shall notify the Commission, during the first 10 days of the second quarter following the quarter concerned of imports made, expressed in units, indicated in column 4 of the list appearing in point 9, broken down by tariff heading, NIMEXE code and Member State of origin. | |
| Common provisions | |
| 12. | The Commission and the Spanish authorities shall, at least every quarter, examine their trade and prospects with a view to a thoroughgoing analysis of the situation. | |
| ANNEX C | |
| Flexibility laid down in Article 3 | |
| The flexibility provisions laid down in Article 3 of this Protocol shall be determined in accordance with the following procedure: | |
| — | The carry-over of quantities not utilized during any given year to the corresponding quantities for the following year up to 9 % of the quantities concerned for the actual year of application. | |
| — | The advance utilization during any given year of part of the quantities fixed for the following year up to 5 % of the quantities concerned for the year of utilization. Such advance exports shall be deducted from the corresponding quantities fixed for the following year. | |
| Protocol 10 | |
| on the restructuring of the Spanish iron and steel industry | |
| 1. | Restructuring plans of Spanish iron and steel undertakings should lead to a situation where the production capacity of the Spanish iron and steel industry for ECSC hot-rolled products does not exceed 18 million tonnes at the end of the period referred to in Article 52, and they should be compatible with the last general steel objectives adopted before the date of accession. | |
| 2. | From the date of accession, the Commission and the Spanish Government will assess jointly the degree to which the plans, already approved by the Spanish Government and officially forwarded to the Commission on 24 July and 1 August 1984 have been completed and the viability of the iron and steel undertakings to which those plans relate. | |
| 3. | Should the viability of these undertakings not be satisfactorily guaranteed at the end of a maximum of three years after accession, the Commission, after having received the opinion of the Spanish Government, shall propose, at the end of the first year after accession, to make an addition to those plans, thereby enabling those undertakings to reach a viable state by the end of those plans. | |
| 4. | The Commission and the Spanish Government will also assess, from the date of accession, the viability of undertakings for which the plans referred to in point 2 above make no provision for aid after the date of accession. Should the viability of these undertakings not be satisfactorily guaranteed at the end of a maximum of three years after accession, the Commission, after having received the opinion of the Spanish Government, will propose, at the end of the first year after accession, restructuring measures thereby enabling those undertakings to reach a viable state by the end of the abovementioned period of three years at the latest. | |
| 5. | Any aid to the Spanish iron and steel industry forming part of the additions to the plans provided for in point 3 or measures provided for in point 4 shall be notified in advance, and not later than the end of the first year after accession, to the Commission by the Spanish Government. The said Government shall not implement its projects without authorization from the Commission. | The Commission shall assess those projects on the basis of the criteria and in accordance with the procedures defined in the Annex to this Protocol. | |
| 6. | During the period mentioned in Article 52 of the Act of Accession, Spanish deliveries of ECSC iron and steel products to the remainder of the Community should fulfil the following conditions: | (a) | The level of Spanish deliveries to the remainder of the Community during the first year following accession, shall be that fixed by the Commission after agreement of the Spanish Government and consultation of the Council during the year preceding accession. Should no agreement have been reached on this point, by the date of accession, the level of deliveries shall be fixed, not later than two months after the date of accession, by the Commission with the assent of the Council. | These deliveries will in any event have to be liberalized once the transitional arrangements have expired and, in order to bring about a harmonious transition, their level may be increased before the end of the said arrangements, the level of the first year being considered as a starting point. | Any increase in the level will be made on the basis of: | — | the state of progression of the Spanish restructuring plans, taking into account significant factors in re-establishing the viability of the undertakings; and necessary measures to attain such viability, and | — | iron and steel measures which may be in force in the Community after accession so that Spain is not treated less favourably than third countries. | (b) | The Spanish Government hereby undertakes to implement upon accession, under its responsibility and in agreement with the Commission, a mechanism for monitoring deliveries to the remainder of the Community market calculated to ensure strict observance of the quantitative undertakings agreed or established pursuant to point (a). | This mechanism must be compatible with any other measure of market supervision which may be adopted during the three years following the date of accession, and must not jeopardize the possibility of delivering the agreed quantities. | The Commission will regularly inform the Council of the reliability and the effectiveness of this mechanism. Should it prove to be unsatisfactory, the Commission shall, with the assent of the Council, take the appropriate measures. | |
| ANNEX | |
| Procedures and criteria for the assessment of aids | |
| 1. | |
| All aids to the iron and steel industry, whether specific or non-specific, financed by the Spanish State or through State resources in any form whatsoever may be considered compatible with the orderly functioning of the Common Market only if they respect the general rules set out in paragraph 2 and satisfy the provisions of paragraphs 3 to 6. Such aids shall be put into effect only in accordance with the procedures established in this Annex. | |
| The concept of aid includes aid granted by regional or local authorities and any aid elements contained in the financing measures taken by the Spanish State in respect of the iron and steel undertakings which it directly or indirectly controls and which do not count as the provision of risk capital according to standard company practice in a market economy. | |
| 2. | |
| Aids granted to the Spanish iron and steel industry may be considered compatible with the orderly functioning of the common market provided that: | |
| — | the recipient undertaking or group of undertakings is engaged in the implementation of a systematic and specific restructuring programme covering the various aspects of restructuring (modernization, reduction of capacity and, where necessary, financial restructuring), which is capable of restoring its competitiveness and of making it financially viable without aid under normal market conditions, by the expiry of the transitional arrangements at the latest, | |
| — | the said restructuring programme results in a reduction in the overall production capacity of the recipient undertaking or group of undertakings and does not make provision for an increase in production capacity for the various categories of products for which there is not a growth market, | |
| — | the amount and intensity of the aids granted to steel undertakings are progressively reduced, | |
| — | the aids in question do not entail distortions of competition and do not affect trading conditions to an extent contrary to the common interest, | |
| — | the aids are approved not later than 15 months after accession and do not lead to any payments after the expiry of the transitional arrangements, other than by way of interest subsidies or of payments to honour guarantees on loans disbursed before that date. | |
| 3. | |
| Aids in support of investment in the iron and steel industry may be considered compatible with the orderly functioning of the common market provided that: | |
| — | the Commission has received prior notification of the investment programme where such notification is required by Commission Decision No 3302/81/ECSC of 18 November 1981, on the information to be furnished by steel undertakings about their investments or by any subsequent Decision, | |
| — | the amount and intensity of the aids are justified by the extent of the restructuring effort that has been made, account being taken of the structural problems of the region where the investment is to be undertaken, and are limited to what is necessary for that purpose, | |
| — | the investment programme takes account of the criteria defined in paragraph 2 and of the general objectives for steel, having regard to any reasoned opinion which the Commission may have issued on the investment programme concerned. | |
| In its examination of such aids the Commission shall take account of the extent of the contribution of the investment programme concerned to other Community objectives, for instance innovation, energy saving and environmental protection, provided that the rules of paragraph 2 are adhered to. | |
| 4. | |
| Aids to defray the normal costs resulting from the partial or total closure of steel plants may be considered compatible with the orderly functioning of the common market. | |
| The costs eligible for such aid shall be the following: | |
| — | allowances paid to workers made redundant or retired before legal retirement age, where such allowances are not covered by aids pursuant to Article 56 (1) (c) or (2) (b) of the Treaty, | |
| — | compensation due to third parties in respect of the termination of contracts, in particular for the supply of raw materials, | |
| — | expenditure incurred for the redevelopment of the site, the buildings and/or infrastructures of closed steel plant for alternative industrial use. | |
| Exceptionally and by way of derogation from paragraph 5 of the Protocol 10 and the fifth indent of paragraph 2 of this Annex, aids for closures which could not be foreseen in the programmes notified not more than 12 months after accession may be notified to the Commission after that date and authorized later than the first 15 months following accession. | |
| 5. | |
| Aids to facilitate the operation of certain undertakings or plants may be considered compatible with the orderly functioning of the common market provided that: | |
| — | those aids form an integral part of a restructuring programme as defined in the first indent of paragraph 2, | |
| — | they are progressively reduced at least once a year, | |
| — | they are limited in intensity and amount to what is absolutely necessary in order to enable operation to continue during the period of restructuring, and are justified by the extent of the restructuring effort made, account also being taken of any aid granted for investment. | |
| In its examination of such aids the Commission shall take account of the problems facing the unit or units in question and the region or regions concerned, and of the secondary effects of the aid on competition on markets other than the steel market, in particular the transport market. | |
| 6. | |
| Aids to defray expenditure by steel undertakings on research and development projects may be considered compatible with the orderly functioning of the common market provided that the research and/or development project in question has one of the following objectives: | |
| — | a reduction in the costs of production, notably energy saving, or an improvement in productivity, | |
| — | an improvement in product quality, | |
| — | an improvement in the performance of iron and steel products or an increase in the range of uses of steel, | |
| — | an improvement in working conditions as regards health and safety. | |
| The total amount of all aid granted for the above purposes may not exceed 50 % of the eligible costs of the project. The costs eligible for such aid shall mean the costs directly associated with the project and shall exclude in particular all expenditure on investment related to production processes. | |
| 7. | |
| The Commission shall seek the views of the Member States on the aid projects notified to it by the Spanish Government before adopting a position on them. It shall inform all Member States of the position adopted by it on each aid project. | |
| If, after giving notice to the parties concerned to submit their comments, the Commission finds that an aid is incompatible with the provisions of this Annex, it shall inform the Spanish Government of its decision. Article 88 of the Treaty shall apply in the event of failure by the Spanish Government to comply with that Decision. | |
| 8. | |
| The Spanish Government shall supply the Commission twice a year with reports on aids disbursed in the course of the preceding six months, on the uses made of such aids and on the results achieved during the same period as regards restructuring. These reports must include details of all financial measures taken by the Spanish State or by regional or local authorities in respect of public steel undertakings. They must be forwarded within two months of the end of each six-month period in a form to be determined by the Commission. | |
| The first of these reports will concern aids disbursed during the first six months following accession. | |
| Protocol 11 | |
| on princing rules | |
| 1. | Spanish undertakings shall apply, upon accession, the provisions relating to prices of the ECSC Treaty (Articles 4(b), 60 to 64) and the relevant Decisions. | |
| 2. | Notwithstanding paragraph 1, the undertakings listed hereinafter may retain the following double basing points for a given product: | Iron and steel undertaking | Basing point | — | Altos Hornos de Vizcaya (hot-rolled sheet cut from coils, cold-rolled coils and sheet, galvanizing) | Baracaldo (Vizcaya), Lesaca | (Navarra) | — | Commercial Tetracero SA | Gijón (Asturias), Torrejón de Ardoz (Madrid) | — | Jose Ma. Aristrain SA | Madrid, Factoria Olaberría | (Guipúzcoa) | — | Redondos Despositos Unidos SA (Redunisa) | Gijón (Asturias), Teixeiro (Coruña) | — | Tetracero SA | Gijón (Asturias), Torrejón de Ardoz (Madrid) | Coal undertaking | Basing point | — | Empresa Nacional Carbonífera del Sur | (hard coal) | Puertollana (C. Real), Peñarroya | (Córdoba) | — | Minera Martín Aznar | (sub-bituminous coal) | Escucha (Teruel), Castellote | (Teruel) | In any event, the basic price of a given product must remain constant, whatever the basing point adopted. | |
| Protocol 12 | |
| on the regional development of Spain | |
| THE HIGH CONTRACTING PARTIES, | |
| Desiring to settle certain special problems of concern to Spain and, | |
| HAVING AGREED THE FOLLOWING PROVISIONS: | |
| Recall that the fundamental objectives of the European Economic Community include the steady improvement of the living standards and working conditions of the peoples of the Member States and the harmonious development of their economies by reducing the differences existing between the various regions and the backwardness of the less-favoured regions; | |
| Take note of the fact that the Spanish Government has embarked upon the implementation of a policy of regional development designed in particular to stimulate economic growth in the less-developed regions and areas of Spain; | |
| Recognize it to be in their common interest that the objectives of this policy be attained; | |
| Agree, in order to help the Spanish Government to accomplish this task, to recommend that the Community institutions use all the means and procedures laid down by Community rules, particularly by making adequate use of the Community resources intended for the realization of the Community's abovementioned objectives; | |
| Recognize in particular that, in the application of Articles 92 and 93 of the EEC Treaty, it will be necessary to take into account the objectives of economic expansion and the raising of the standard of living of the population of the less-developed regions and areas of Spain. | |
| Protocol 13 | |
| on the exchange of information with the Kingdom of Spain in the field of nuclear energy | |
| Article 1 | |
| 1. From the date of accession, such information as has been communicated to Member States, persons and undertakings in accordance with Article 13 of the Euratom Treaty, shall be placed at the disposal of the Kingdom of Spain which shall give it limited distribution within its territory under the conditions laid down in that Article. | |
| 2. From the date of accession, the Kingdom of Spain shall place at the disposal of the European Atomic Energy Community information obtained in the nuclear field in Spain which is given limited distribution, in so far as strictly commercial applications are not involved. The Commission shall communicate this information to Community undertakings under the conditions laid down in paragraph 1. | |
| 3. This information shall mainly concern: | |
| — | nuclear physics (low and high-energy), | |
| — | radiation protection, | |
| — | isotope applications, in particular those of stable isotopes, | |
| — | research reactors and relevant fuels, | |
| — | research into the field of the fuel cycle (more especially the mining and processing of low-grade uranium ore; optimization of fuel elements for power reactors). | |
| Article 2 | |
| 1. In those sectors in which the Kingdom of Spain places information at the disposal of the Community, the competent authorities shall grant upon request licences on commercial terms to Member States, persons and undertakings of the Community where they possess exclusive rights to patents filed in Member States of the Community and in so far as they have no obligation or commitment in respect of third parties to grant or offer to grant an exclusive or partially exclusive licence to the rights in these patents. | |
| 2. Where an exclusive or partially exclusive licence has been granted, the Kingdom of Spain shall encourage and facilitate the granting of sub-licences on commercial terms to Member States, persons and undertakings of the Community by the holders of such licences. | |
| Such exclusive or partially exclusive licences shall be granted on a normal commercial basis. | |
| Protocol 14 | |
| on cotton | |
| THE HIGH CONTRACTING PARTIES, | |
| Considering the existence of cotton production in Spain, | |
| HAVE AGREED TO AMEND AS FOLLOWS: | |
| Protocol 4 on cotton annexed to the Act concerning the conditions of Accession of the Hellenic Republic and the Adjustments to the Treaties, so as to include therein the quantity of cotton produced in Spain and to make provision for procedures to align Spanish prices on the common prices, to eliminate intra-Community customs duties and to adopt the Common Customs Tariff: | |
| 1. In paragraph 3, the following subparagraph is added after the fifth subparagraph: | |
| ‘The quantity fixed pursuant to the preceding subparagraph shall be increased by 185 000 tonnes.’ | |
| 2. The following paragraph is added: | |
| ‘13. | Articles 68, 70, 75, 76, 89, 90 and 91 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic shall apply mutatis mutandis to the adoption by the Kingdom of Spain of this Protocol. | Articles 234, 236, 238, 243, 244, 257 and 258 of the abovementioned Act of Accession shall apply mutatis mutandis to the adoption by the Portuguese Republic of this Protocol.’ | |
| Protocol 15 | |
| on the definition of Portuguese basic duties for certain products | |
| 1. | For the products mentioned below, the basic duties on which the Portuguese Republic shall effect the successive reductions provided for in Article 190 shall be those indicated opposite each of them: | CCT heading No | Description | Basic duty | (%) | 1 | 2 | 3 | ex 34.02 | Organic surface-active agents, surface-active preparations, and washing preparations, whether or not containing soap: | | | — | Sodium dodecan-1-yl sulphate | 20 | | — | Triethanolamine dodecan-1-yl sulphate | 20 | | — | Sulphonic acid, sodium alkylbenzenesulphonate and ammonium alkybenzenesulphonate | 20 | | — | Mixtures and preparations of sodium sulphate, dodecan-1-yl and triethanolamine sulphate | 20 | 38.19 | Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: | | | Q. Foundry core binders based on synthetic resins | 20 | | ex X. Other: | | | — | Refractory coatings of a kind used in foundries to improve the surface of cast-iron pieces | 20 | | — | Anti-sealing and similar preparations for boilers and for treatment of industrial refrigeration water | 20 | 39.01 | Condensation, polycondensation and polyaddition products, whether or not modified or polymerized, and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones): | | | C. Other: | | | II. Aminoplasts: | | | ex a) In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | | | — | Urea, resins, modified with furfuryl alcohol, in etherified solutions, used in foundries | 20 | | III. Alkyds and other polyesters: | | | ex b) Other: | | | — | Saturated poly(ethylene terephthalate), other than black polymers, in one of the forms mentioned in Note 3 (a) and (b) to this Chapter, prepared for moulding or extrusion | 20 | | — | Powdered, containing additives and pigments, used for thermosetting coatings or paints | 20 | | ex VII. Other: | | | — | Epoxy (ethoxyline) resins, powdered, containing additives and pigments, used for thermosetting coatings or paints | 20 | CCT heading No | Description | Basic duty | (%) | 39.02 | Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): | | | C. Other: | | | VII. Polyvinyl chloride: | | | ex a) In one of the forms mentioned in Note 3 (a) and (b) to this Chapter: | | | — | In microsuspension | 20 | | ex X. Copolymers of vinyl chloride with vinyl acetate | | | — | Preparations for the moulding of gramophone records | 20 | 40.06 | Unvulcanized natural or synthetic rubber, including rubber latex, in other forms or states (for example, rods, tubes and profile shapes, solutions and dispersions); articles of unvulcanized natural or synthetic rubber (for example, coated or impregnated textile thread, rings and discs): | | | ex B. Other: | | | — | Patches for repairing tubes or tyres | 20 | 40.07 | Vulcanized rubber thread and cord, whether or not textile covered, and textile thread covered or impregnated with vulcanized rubber: | | | ex A. Vulcanized rubber thread and cord, whether or not textile covered: | | | — | Thread, uncovered, of round cross-section | 20 | 48.07 | Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter within Chapter 49), in rolls or sheets: | | | ex D. Other: | | | — | Flocked paper and paperboard | 10 | 56.01 | Man-made fibres (discontinuous), not carded, combed or otherwise prepared for spinning: | | | ex A. Synthetic textile fibres: | | | — | Of polyesters, with a length of less than 65 mm and tenacity of more than 53 cN/tex | 16 | 59.03 | Bonded fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated: | | | ex B. Other: | | | — | Bonded fibre fabrics and similar bonded yarn fabrics, in the piece or simply cut to rectangular shape, flocked | 10 | | — | Bonded fibre fabrics and similar bonded yarn fabrics, in the piece or simply cut to rectangular shape, weighing not less than 17 g per m2 and not more than 80 g per m2 | 20 | ex 59.08 | Textile fabrics impregnated, coated, covered or laminated with preparations of cellulose derivatives or of other artificial plastic materials: | | | — | Unimpregnated, flocked with polyvinyl chloride | 10 | | — | Unimpregnated, other than textile-faced flocked with preparations of cellulose derivatives or of other artificial plastic materials with the exception of polyurethane | 10 | ex 59.12 | Textile fabrics otherwise impregnated or coated; painted canvas being theatrical scenery, studio back-cloths or the like: | | | — | Flocked | 10 | ex 70.06 | Cast, rolled, drawn or blown glass (including flashed or wired glass), in rectangles, surface ground or polished, but not further worked: | | | — | Float glass, not being wired glass, other than ground but not further worked, more than 2 mm and not more than 10 mm in thickness | 16 | 70.08 | Safety glass consisting of toughened or laminated glass, shaped or not: | | | ex B. Other: | | | — | Laminated glass for vehicles or boats | 20 | ex 70.13 | Glassware (other than articles falling within heading No 70.19) of a kind commonly used for table, kitchen, toilet or office purposes, for indoor decoration, or for similar uses: | | | — | Of soda glass gathered mechanically, other than cut or otherwise decorated drinking glasses, sterilizing bottles and articles of toughened glass | 10 | 73.13 | Sheets and plates, of iron or steel, hot-rolled or cold-rolled: | | | ex B. Other sheets and plates: | | | IV. Clad, coated or otherwise surface-treated: | | | ex d) Other (for example, copper-plated, artificially oxidized, lacquered, nickel-plated, varnished, clad, parkerized, printed): | | | — | Coated with polyvinyl chloride | 20 | 73.38 | Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, or iron or steel: | | | B. Other: | | | ex II. Other: | | | — | Bathtubs, of sheets or plates of iron or steel not more than 3 mm in thickness, enamelled | 20 | 74.03 | Wrought bars, rods, angles, shapes and sections, of copper; copper wire: | | | ex B. Other: | | | — | Bars and rods of round cross-section, of unalloyed copper, coiled | 20 | | — | Wire of round cross-section, of unalloyed copper | 20 | ex 83.01 | Locks and padlocks (key, combination or electrically operated), and parts thereof, of base metal; frames incorporating locks, for handbags, trunks or the like and parts of such frames, of base metal keys for any of the foregoing articles, of base metal; keys for any of the foregoing articles, of base metal: | | | — | Lock cases, cylinders and springs, carriers and cams, obtained by sintering | 20 | 84.10 | Pumps (including motor pumps and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band and similar kinds: | | | B. Other pumps: | | | II. Other: | | | ex a) Pumps: | | | — | Centrifugal pumps, submersible, other than metering pumps | 20 | 84.12 | Air conditioning machines, self-contained, comprising a motor-driven fan and elements for changing the temperature and humidity of air: | | | ex B. Other: | | | — | Other than parts | 20 | 84.15 | Refrigerators and refrigerating equipment (electrical and other): | | | C. Other: | | | ex I. Refrigerators of a capacity of more than 340 litres: | | | — | Weighing more than 200 kg each, excluding parts | 15 | | ex II. Other: | | | — | Refrigerators and deep-freeze storage units of the chest or cabinet type, weighing not more than 200 kg each, excluding parts | 15 | ex 84.20 | Weighing machinery (excluding balances of a sensitivity of 5 cg or better) including weight-operated counting and checking machines; weighing machine weights of all kinds: | | | — | Electronic hopper scales or scales for discharging a pre-determined weight of material into a bag or container and other electronic instruments weighing out a constant amount, programmable, excluding parts | 20 | | — | Electronic machines for weighing and labelling pre-packed products, excluding parts | 20 | | — | Electronic weighbridges with capacities over 5 000 kg, excluding parts | 20 | | — | Electronic shop scales with digital display, excluding parts | 20 | | — | Electronic weighing machines and platforms, with digital display, other than personal weighing scales, excluding parts | 20 | 84.41 | Sewing machines; furniture specially designed for sewing machines; sewing machine needles: | | | A. Sewing machines; furniture specially designed for sewing machines: | | | ex III. Parts; furniture specially designed for sewing machines: | | | — | Sewing machine parts, obtained by sintering | 20 | ex 84.42 | Machinery (other than sewing machines) for preparing, tanning or working hides, skins or leather (including boot and shoe machinery): | | | — | Press-cutters for hides, skins, furskins, or leather excluding parts | 20 | 84.53 | Automatic data-processing machines and units thereof: magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: | | | ex B. Other: | | | — | Integrated operational digital units comprising, as a set, at least one central unit and one input and outpout unit, for use in industrial systems for production and distribution and use of electrical energy | 20 | | — | Modulator/demodulator (Modem) units for data transmission | 20 | 84.59 | Machines and mechanical appliances, having individual functions, not falling within any other heading of this Chapter: | | | E. Other: | | | ex II. Other machines and mechanical appliances: | | | — | Injection moulding machines, extrusion moulding machines, grinders and blow moulding machines, for the rubber and artificial plastics industry | 20 | 84.62 | Ball, roller or needle roller bearings: | | | — | Rings for bearings, obtained by sintering intended for cycles | 20 | 84.63 | Transmission shafts, cranks, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), flywheels, pulleys and pulley blocks, clutches and shaft couplings: | | | B. Other: | | | ex II. Other: | | | — | Plain shaft bearings, obtained by sintering: | | | — | Weighing not more than 500 g each | 20 | | — | For gears, self-lubricating, of bronze or iron | 20 | 85.01 | Electrical goods of the following descriptions: generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors: | | | B. Other machines and apparatus: | | | I. Generators, motors, (whether or not equipped with speed reducing, changing or step-up gear) and rotary converters: | | | ex b) Other: | | | — | Generating sets with internal combustion engines, of an output of not more than 750 kVA, including sets whose performance is not expressed in kW or kVA, weighing more than 100 kg each | 20 | | — | AC generators, weighing more than 100 kg each and of an output of not more than 750 kVA | 20 | | — | DC motors and generators, weighing more than 100 kg each, excluding motors and other generators whose performance is not expressed in kW or kVA | 20 | | — | Rotary converters, weighing more than 100 kg each | 20 | | ex II. Transformers, static converters, rectifiers and rectifying apparatus; inductors: | | | — | Static converters, weighing more than 100 kg each, and rectifiers and rectifying apparatus, other than specially designed for welding | 20 | | — | Three-phase transformers, without liquid dielectric, of an output of not less than 50 kVA and not more than 2 500 kVA | 20 | 85.04 | Electric accumulators: | | | B. Other: | | | ex II. Other accumulators: | | | — | Nickel-cadmium accumulators not hermetically closed | 20 | 85.12 | Electric instantaneous or storage water heaters and immersion heaters; electric soil heating apparatus and electric space heating apparatus; electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters) and electric smoothing irons; electro-thermic domestic appliances; electric heating resistors, other than those of carbon: | | | ex C. Electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters): | | | — | Hair driers, excluding drying hoods | 20 | 85.13 | Electrical line telephonic and telegraphic apparatus (including such apparatus for carrier-current line systems): | | | ex B. Other: | | | — | Automatic electronic telephone sets excluding parts thereof | 20 | 85.15 | Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus; (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus: | | | A. Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras: | | | I. Transmitters: | | | ex b) Other: | | | — | Using the HF and MF bands | 20 | | II. Transmitter-receivers: | | | ex b) Other: | | | — | Using the VHF band | 20 | | — | Portable mounts for VHF transmitter-receivers | 20 | | III. Receivers, whether or not incorporating sound recorders or reproducers: | | | b) Other: | | | ex 2. Other: | | | — | Radiotelegraphic and radiotelephonic receivers using the VLF, LF, MF and HF bands | 20 | ex 85.16 | Electric traffic control equipment for railways, roads or inland waterways and equipment used for similar purposes in port installations or upon airfields: | | | — | Excluding equipment for railways and parts | 20 | 85.17 | Electric sound or visual signalling apparatus (such as bells, sirens, indicator panels, burglar and fire alarms), other than those of heading No 85.09 or 85.16: | | | ex B. Other: | | | — | Excluding burglar, fire and similar alarms and parts | 20 | 85.19 | Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixes or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels: | | | ex A. Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or in electrical circuits: | | | — | For industrial applications, other than apparatus for making connections in electrical circuits: | | | — | Rated at 1 000 V or more: | | | — | Make-and-break and isolating switches, including switches for breaking circuits under load rated at not less than 1 kV but less than 60 kV | 20 | | — | Fuses rated at not less than 6 kV and up to and including 36 kV, of the HJ type | 20 | | — | Rated at less than 1 000 V: | | | — | NH-type fuses | 20 | | — | Switches from 63 A up to 1 000 A, three- or four-pole, double breaking | 20 | | ex D. Switchboard and control panels: | | | — | Fitted with apparatus and instruments: | | | — | For industrial applications other than for telecommunications and instrument applications: | | | — | Not less than 1 000 V, including removable cells with switches or circuit breakers for metal clad transformers | 20 | | — | 1 000 V or less | 20 | 85.23 | Insulated (including enamelled or anodized) electric wire, cable, bars, strip and the like (including co-axial cable), whether or not fitted with connectors: | | | ex B. Other: | | | — | Wires and cables for power distribution rated at 60 kV or less, not ready for connectors to be fitted or already provided with connectors, insulated with polyethylene, excluding winding wire | 20 | | — | copper winding wire, lacquered, varnished or enamelled, of a diameter of 0,40 mm or more but not more than 1,20 mm (class F, grade I and II) | 20 | 87.02 | Motor vehicles for the transport of persons, goods or materials (including sports motor vehicles, other than those of heading No 87.09): | | | A. For the transport of persons, including vehicles designed for the transport of both passengers and goods: | | | I. With either a spark ignition or a compression ignition engine: | | | ex b) Other: | | | — | With four-wheel drive, a ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of more than 1 560 cm3 and less than 2 900 cm3 or a compressed ignition engine of a cylinder capacity of more than 1 980 cm3 and less than 2 500 cm3 | 20 | | B. For the transport of goods or materials: | | | II. Other: | | | a) With either a spark ignition or a compression ignition engine: | | | 1. Motor lorries with either a spark ignition engine of a cylinder capacity of 2 800 cm3 or more or a compression ignition engine of a cylinder capacity of 2 500 cm3 or more: | | | ex bb) Other: | | | — | With four-wheel drive, a ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of less than 2 900 cm3 | 20 | | 2. Other: | | | ex bb) Other: | | | — | With four-wheel drive, ground clearance of more than 205 mm, an unladen weight of more than 1 350 kg and less than 1 900 kg, a total laden weight of 1 950 kg or more and less than 3 600 kg, a spark ignition engine of a cylinder capacity of more than 1 560 cm3 and less than 2 900 cm3 or a compression ignition engine of a cylinder capacity or more than 1 980 cm3 and less than 2 500 cm3 | 20 | 87.06 | Parts and accessories of the motor vehicles falling within heading No 87.01, 87.02 or 87.03: | | | B. Other: | | | ex II. Other: | | | — | Pistons and rod guides for shock absorbers, obtained by sintering | 20 | | — | Parts and accessories, obtained by sintering other than parts and accessories for bodies, complete gearboxes, complete rear-axles with differentials, wheels, parts of wheels and wheel accessories, non-driving axles and disc-brake pad assemblies | 20 | | — | Wheel-balancing weights | 20 | 87.12 | Parts and accessories of articles falling within heading No 87.09, 87.10 or 87.11: | | | ex B. Other: | | | — | Toothed wheels, obtained by sintering | 20 | ex 90.17 | Medical, dental, surgical and veterinary instruments and appliances (including electro-medical apparatus and ophthalmic instruments): | | | — | Syringes of plastic materials | 20 | 90.28 | Electrical measuring, checking, analysing or automatically controlling instruments and apparatus: | | | A. Electronic instruments and apparatus: | | | II. Other: | | | ex b) Other: | | | — | Regulators | 20 | | — | Checking and automatically controlling instruments used in industrial systems for the generation, distribution and use of electric power | 20 | | B. Other: | | | ex II. Other: | | | — | Regulators | 20 | |
| 2. | In respect of matches falling within heading No 36.06 and tinder falling within subheading ex 36.08 B of the Common Customs Tariff, coming from the Community, the basic duty shall be zero. | |
| Protocol 16 | |
| on the granting by the Portuguese Republic of exemption from customs duties on the import of certain goods | |
| The provisions laid down in Article 197 of the Act of Accession on the alignment of Portuguese Customs Tariff duties on those of the Common Customs Tariff and of the ECSC unified tariff, and the provisions laid down in Article 190 of the Act of Accession on the progressive abolition of customs duties between the Community as at present constituted and Portugal shall not prevent measures of relief from customs duty on the import of capital equipment being maintained, for the six undertakings listed hereinafter, until the expiry of the agreements concluded between those undertakings and the Portuguese Government. The date of expiry and the total amount of investment in capital equipment are indicated in the Annex to this Protocol. A list of the products covered by that relief from duty shall be established by the Commission on accession. The Portuguese Republic shall furnish the Commission with all necessary information to that end: | |
| — | Isopor — Companhia Portuguesa de Isocianetos, Lda, | |
| — | Renault Portuguesa — Sociedade Comercial e Industrial, Lda, | |
| — | Dea Portuguesa — Sociedade de Equipamentos Automóveis, Lda, | |
| — | Somincor — Sociedade Mineira Neves-Corvo, Lda, | |
| — | Texas Instruments, | |
| — | Funfrap — Sociedade de Fundição Franco-Portuguesa, Sarl. | |
| ANNEX | |
| | Expiry date of contract | Total amount of investment in capital equipment | |
| Isopor — Companhia Portuguesa de Isocianetos, Lda | 25 July 1990 | 37 000 000 US dollars | |
| Renault Portuguesa — Sociedade Commercial e Industrial, Lda | 13 February 1990 | 9 000 000 000 Escudos (1978) | |
| Dea Portuguesa — Sociedade de Equipamentos Automóveis, Lda | 28 July 1991 | 35 000 000 French francs | |
| Somincor — Sociedada Mineira Neves-Corvo, Lda | 31 December 1989 | 13 000 000 000 Escudos | |
| Texas Instruments | 31 December 1993 | 30 000 000 US Dollars | |
| Funfrap — Sociedade de Fundição Franco-Portuguesa, Sarl | 30 November 1993 | 2 300 000 000 Escudos | |
| Protocol 17 | |
| on trade in textile products between Portugal and the other Member States of the Community | |
| Article 1 | |
| 1. The Portuguese Republic shall, under the conditions laid down in Articles 2, 3 and 4, control, until 31 December 1988, exports to the present Member States and, until 31 December 1989, exports to Spain, of the products indicated in the list appearing in Annex A, on the basis of the quantities set out in that list. | |
| 2. At the request of a present Member State which considers that the situation justifies it, the Commission shall extend by one year the application of paragraph 1 on the basis of the quantities indicated for 1989 in the said list. | |
| 3. Textile products reimported into the present Member States, under the conditions and on the basis of the quantities set out in Annex B, following processing in Portugal, shall not be charged against the quantities referred to in paragraph 1. | |
| Article 2 | |
| The Community and the Portuguese Republic shall establish, for such time as Article 1 is applicable, administrative cooperation under the conditions defined in Annex C. | |
| Article 3 | |
| The Portuguese Republic shall take the appropriate measures to ensure compliance with the quantities referred to in Article 1 and the administrative cooperation measures referred to in Article 2. | |
| Article 4 | |
| After prior notification to the Commission, the Portuguese Republic may apply to its exports to the present Member States of the products indicated in the list appearing in Annex A the flexibility provisions laid down in Annex D. | |
| Article 5 | |
| The Commission and the competent authorities of the Portuguese Republic shall enter into, if the situation so requires, appropriate consultations in order to avoid situations arising which would necessitate recourse to protective measures. | |
| Article 6 | |
| If the situation so requires, particularly taking into account trends in consumption and the progression of imports into Portugal of textile products coming from one or more other Member States, the Commission and the competent authorities of the Portuguese Republic shall consult each other, at the request of the Portuguese Republic, with a view to seeking appropriate solutions intended to avoid recourse to protective measures. | |
| Article 7 | |
| If the quantities indicated in Annex A are reached, the Commission shall determine, at the request of the Member State concerned and following the emergency procedure laid down in Article 379 (2) of the Act of Accession, such protective measures as it deems necessary. | |
| ANNEX A | |
| List provided for in Article 1 | |
| Category | CCT heading No | NIMEXE code | (1985) | Description | Member States | Units | 1986 | 1987 | 1988 | 1989 | |
| 1 | 55.05 | 55.05-13, 19, 21, 25, 27, 29, 33, 35, 37, 41, 45, 46, 48, 51, 53, 55, 57, 61, 65, 67, 69, 72, 78, 81, 83, 85, 87 | Cotton yarn, not put up for retail sale | D | Tonnes | 759 | 842 | 951 | 1 094 | |
| | | | | | | | | F | | 203 | 225 | 254 | 292 | |
| | | | | | | | | I | | 1 245 | 1 382 | 1 562 | 1 796 | |
| | | | | | | | | BNL | | 687 | 763 | 862 | 991 | |
| | | | | | | | | UK | | 6 712 | 7 450 | 8 419 | 9 682 | |
| | | | | | | | | IRL | | 1 799 | 1 997 | 2 257 | 2 596 | |
| | | | | | | | | DK | | 4 050 | 4 496 | 5 080 | 5 842 | |
| | | | | | | | | GR | | 27 | 30 | 34 | 39 | |
| | | | | | | | | E | | 150 | 165 | 185 | 211 | |
| 2 | 55.09 | | Other woven fabrics of cotton: | D | Tonnes | 717 | 796 | 899 | 1 034 | |
| | | | | | | | | | F | | 820 | 910 | 1 028 | 1 182 | |
| | | | | | | | 55.09-03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 29, 32, 34, 35, 37, 38, 39, 41, 49, 51, 52, 53, 54, 55, 56, 57, 59, 61, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 98, 99 | Woven fabrics of cotton, other than gauze, terry fabrics, narrow woven fabrics, pile fabrics, chenille fabrics, tulle and other net fabrics | | | | | | | |
| | | | | | | | I | | 396 | 440 | 497 | | |
| | | | | | | | BNL | | 569 | 632 | 714 | 821 | |
| | | | | | | | UK | | 5 694 | 6 320 | 7 142 | 8 213 | |
| | | | | | | | IRL | | 397 | 441 | 498 | 573 | |
| | | | | | | | DK | | 875 | 971 | 1 097 | 1 262 | |
| | | | | | | | GR | | 155 | 172 | 194 | 223 | |
| | | | | | | | E | | 150 | 165 | 185 | 211 | |
| 3 | 56.07 | | Woven fabrics of man-made fibres (discontinuous or waste): | D | Tonnes | 1 343 | 1 491 | 1 685 | 1 938 | |
| | A | | | | | | | | F | | 1 017 | 1 129 | 1 276 | 1 467 | |
| | | | | | | | | A. Of synthetic textile fibres: | | | | | | | |
| | | | | | | | | | I | | 235 | 261 | 295 | 339 | |
| | | | | | | | 56.07-01, 04, 05, 07, 08, 10, 12, 15, 19, 20, 22, 25, 29, 30, 31, 35, 38, 39, 40, 41, 43, 45, 46, 47, 49 | Woven fabrics of synthetic fibres (discontinuous or waste) other than narrow woven fabrics, pile fabrics (including terry fabrics) and chenille fabrics | BNL | | 713 | 791 | 894 | 1 028 | |
| | | | | | | | UK | | 3 878 | 4 305 | 4 865 | 5 595 | |
| | | | | | | | IRL | | 822 | 912 | 1 031 | 1 186 | |
| | | | | | | | DK | | 1 062 | 1 179 | 1 332 | 1 532 | |
| | | | | | | | GR | | 28 | 31 | 35 | 40 | |
| | | | | | | | E | | 200 | 220 | 246 | 280 | |
| 4 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 10 801 | 11 773 | 13 068 | 14 767 | |
| | B | I | | | | | | | F | | 7 162 | 7 807 | 8 666 | 9 793 | |
| | | | | | | | 60.04-19, 20, 22, 23, 24, 26, 41, 50, 58, 71, 79, 89 | Shirts, T-shirts, lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, undervests and the like, knitted or crocheted, not elastic or rubberized, other than babies' garments of cotton or synthetic textiles fibres; T-shirts and lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, of regenerated textile fibres, other than babies' garments | | | | | | | |
| | | II | a) | | | | I | | 751 | 819 | 909 | 1 027 | |
| | | | b) | | | | BNL | | 5 766 | 6 285 | 6 976 | 7 883 | |
| | | | c) | | | | UK | | 23 874 | 26 023 | 28 886 | 32 641 | |
| | | IV | b) | 1 | aa) | | IRL | | 398 | 434 | 482 | 545 | |
| | | | | | dd) | | DK | | 2 535 | 2 763 | 3 067 | 3 466 | |
| | | | | 2 | ee) | | GR | | 102 | 111 | 123 | 139 | |
| | | | d) | 1 | aa) | | E | | 500 | 550 | 616 | 702 | |
| | | | | | dd) | | | | | | | | |
| | | | | 2 | dd) | | | | | | | | |
| 5 | 60.05 | | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 3 525 | 3 842 | 4 265 | 4 819 | |
| | A | I | a) | | | | | | F | | 6 480 | 7 063 | 7 840 | 8 859 | |
| | | II | b) | 4 | bb) | | | | I | | 950 | 1 036 | 1 150 | 1 300 | |
| | | | | 11 | aaa) | | | A. Outer garments and clothing accessories: | BNL | | 1 455 | 1 585 | 1 760 | 1 989 | |
| | | | | | bbb) | | 60.05-01, 31, 33, 34, 35, 36, 39, 40, 41, 42, 43 | Jerseys, pullovers slip-overs, waistcoats, twinsets, cardigans, bed-jackets and jumpers, knitted or crocheted, not elastic or rubberized of wool of cotton or of man-made textile fibres | UK | | 4 417 | 4 815 | 5 345 | 6 040 | |
| | | | | | ccc) | | IRL | | 285 | 311 | 345 | 390 | |
| | | | | | ddd) | | DK | | 1 026 | 1 118 | 1 241 | 1 402 | |
| | | | | | eee) | | GR | | 15 | 16 | 18 | 20 | |
| | | | | 22 | bbb) | | E | | 400 | 440 | 493 | 562 | |
| | | | | | ccc) | | | | | | | | |
| | | | | | ddd) | | | | | | | | |
| | | | | | eee) | | | | | | | | |
| | | | | | fff) | | | | | | | | |
| 6 | 61.01 | | Men's and boys' outer garments | UK | 1 000 pieces | 3 729 | 4 139 | 4 677 | 5 379 | |
| | B | V | d) | 1 | | | | | E | | 250 | 275 | 308 | 351 | |
| | | | | 2 | | | | | | | | | | | |
| | | | | 3 | | | | | | | | | | | |
| | | | e) | 1 | | | | | | | | | | | |
| | | | | 2 | | | | | | | | | | | |
| | | | | 3 | | | | | | | | | | | |
| | 61.02 | | Women's girls' and infants' outer garments: | | | | | | | |
| | B | II | e) | 6 | aa) | | | | | | | | | | |
| | | | | | bb) | | | B. Other: | | | | | | | |
| | | | | | cc) | | | | | | | | | | |
| | | | | | | | 61.01-62, 64, 66, 72, 74, 76 | Men's and boys' woven breeches, shorts and trousers (including slacks); women's girls' and infants' woven trousers and slacks of wool, of cotton or of man-made textile fibres | | | | | | | |
| | | | | | | | 61.02-66, 68, 72 | | | | | | | | |
| 7 | 60.05 | | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 1 630 | 1 777 | 1 972 | 2 228 | |
| | A | II | b) | 4 | aa) | 22 | | | F | | 768 | 837 | 929 | 1 050 | |
| | | | | | | 33 | | | I | | 262 | 286 | 317 | 358 | |
| | | | | | | 44 | | A. Outer garments and clothing accessories: | BNL | | 251 | 274 | 304 | 344 | |
| | | | | | | 55 | | II. Other | UK | | 790 | 861 | 956 | 1 080 | |
| | 61.02 | | Women's girls' and infants' outer garments: | IRL | | 31 | 34 | 38 | 43 | |
| | B | II | e) | 7 | bb) | | | | DK | | 472 | 514 | 571 | 645 | |
| | | | | | cc) | | | B. Other: | GR | | 39 | 43 | 48 | 54 | |
| | | | | | dd) | | | | E | | 180 | 198 | 222 | 253 | |
| | | | | | | | 60.05-22, 23, 24, 25 | Blouses and shirt-blouses, knitted; crocheted (not elastic or rubberized), or woven, for women, girls and infants, of wool, of cotton or of man-made textile fibres | | | | | | | |
| | | | | | | | 61.02-78, 82, 84 | | | | | | | |
| 8 | 61.03 | | Men's and boys' under garments, including collars, shirt fronts and cuffs: | D | 1 000 pieces | 1 876 | 2 045 | 2 270 | 2 565 | |
| | A | | | | | | | F | | 2 507 | 2 733 | 3 034 | 3 428 | |
| | | | | | | | | | I | | 853 | 930 | 1 032 | 1 166 | |
| | | | | | | | 61.03-11,15, 19 | Men's and boys' shirts woven, of wool, of cotton or of man-made textile fibres | | | | | | | |
| | | | | | | | | BNL | | 1 308 | 1 426 | 1 583 | 1 789 | |
| | | | | | | | | UK | | 2 410 | 2 627 | 2 916 | 3 295 | |
| | | | | | | | | IRL | | 153 | 167 | 185 | 209 | |
| | | | | | | | | DK | | 637 | 694 | 770 | 870 | |
| | | | | | | | | GR | | 58 | 63 | 70 | 79 | |
| | | | | | | | | E | | 500 | 550 | 616 | 702 | |
| 9 | 55.08 | | Terry towelling and similar terry fabrics of cotton: | D | Tonnes | 1 792 | 1 971 | 2 208 | 2 517 | |
| | | | | | | | | | F | | 1 521 | 1 673 | 1 874 | 2 136 | |
| | 62.02 | | | | | | | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | | | | | | | |
| | | | | | | | | BNL | | 1 252 | 1 377 | 1 542 | 1 758 | |
| | B | III | a) | 1 | | | | UK | | 9 081 | 9 989 | 11 188 | 12 754 | |
| | | | | | | | | B. Other: | E | | 200 | 220 | 246 | 280 | |
| | | | | | | | 55.08-10, 30, 50, 80 | Woven cotton terry fabrics; toilet and kitchen linen of woven cotton terry fabrics; | | | | | | | |
| | | | | | | | 62.02-71 | | | | | | | | |
| 13 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | BNL | 1 000 pieces | 12 007 | 13 328 | 15 061 | 17 320 | |
| | B | IV | b) | 1 | cc) | | 60.04-48, 56, 75, 85 | Men's and boys' underpants and briefs, women's girls' and infants' (other than babies') knickers and briefs, knitted or crocheted, not elastic or rubberized, of cotton or synthetic textile fibres | | | | | | | |
| | | | | 2 | dd) | | | | | | | | | |
| | | | d) | 1 | cc) | | | | | | | | | |
| | | | | 2 | cc) | | | | | | | | | |
| 19 | 61.05 | 61.05-10, 99 | Handkerchiefs | F | Tonnes | 453 | 503 | 568 | 653 | |
| | A | | | | | | | | I | | 120 | 133 | 150 | 172 | |
| | C | | | | | | | | E | | 1 | 1 | 1 | 1 | |
| 20 | 62.02 | | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles; | D | Tonnes | 850 | 935 | 1 047 | 1 194 | |
| | B | I | a) | | | | | F | | 550 | 605 | 678 | 773 | |
| | | | c) | | | | | I | | 197 | 217 | 243 | 273 | |
| | | | | | | | | B. Other: | | | | | | | |
| | | | | | | | | | BNL | | 885 | 974 | 1 091 | 1 244 | |
| | | | | | | | 62.02-12, 13, 19 | Bed linen, woven | UK | | 7 509 | 8 260 | 9 251 | 10 546 | |
| | | | | | | | | | IRL | | 85 | 94 | 105 | 120 | |
| | | | | | | | | | DK | | 110 | 121 | 136 | 155 | |
| | | | | | | | | | GR | | 28 | 31 | 35 | 40 | |
| | | | | | | | | | E | | 250 | 275 | 308 | 351 | |
| 33 | 51.04 | | Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip falling within heading No 51.01 or 51.02: | D | Tonnes | 662 | 728 | 815 | 929 | |
| | A | III | a) | | | | | | F | | 1 064 | 1 170 | 1 310 | 1 493 | |
| | | | | | | | | | I | | 539 | 593 | 664 | 757 | |
| | | | | | | | | A. Woven fabrics of synthetic textile fibres: | | | | | | | |
| | | | | | | | | | BNL | | 1 738 | 1 912 | 2 141 | 2 440 | |
| | | | | | | | | Sacks and bags, of a kind used for the packing of goods: | UK | | 2 077 | 2 285 | 2 559 | 2 917 | |
| | 62.03 | | B. Of other textile materials: | IRL | | 40 | 44 | 49 | 56 | |
| | B | II | b) | 1 | | | | | DK | | 509 | 560 | 627 | 715 | |
| | | | | | | | | II. Other: | GR | | 39 | 43 | 48 | 55 | |
| | | | | | | | | | E | | 200 | 220 | 246 | 280 | |
| | | | | | | | 51.04-06 | Woven fabrics of strip or the like of polyethylene or polypropylene, less than 3 m wide; | | | | | | | |
| | | | | | | | 62.03-51, 59 | Woven sacks of such strip or the like | | | | | | | |
| 39 | 62.02 | | Bed linen, table linen, toilet linen and kitchen linen; curtains and other furnishing articles: | F | Tonnes | 997 | 1 097 | 1 229 | 1 401 | |
| | B | II | a) | | | | | UK | | 804 | 884 | 990 | 1 129 | |
| | | | c) | | | | | E | | 150 | 165 | 185 | 211 | |
| | | III | a) | 2 | | | | B. Other: | | | | | | | |
| | | | c) | | | | | | | | | | | | |
| | | | | | | | 62.02-40, 42, 44, 46, 51, 59, 65, 72, 74, 77 | Woven table linen, toilet and kitchen linen, other than of cotton terry fabric | | | | | | | |
| 90 | 59.04 | | Twine, cordage, ropes and cables, plaited or not: | D | Tonnes | 10 777 | 11 962 | 13 517 | 15 545 | |
| | | | | | | | 59.04-11, 12, 14, 15, 17, 18, 19, 21, 23, 31, 35, 38, 50, 60, 70, 80 | Of synthetic textile fibres: | F | | 8 322 | 9 237 | 10 438 | 12 004 | |
| | | | | | | | Of abaca (Manila hemp) | I | | 3 055 | 3 391 | 3 832 | 4 407 | |
| | | | | | | | Of sisal and other fibres of the Agave family | BNL | | 3 346 | 3 714 | 4 197 | 4 827 | |
| | | | | | | | Of true hemp | UK | | 9 038 | 10 032 | 11 336 | 13 036 | |
| | | | | | | | Of flax or ramie | IRL | | 211 | 234 | 264 | 304 | |
| | | | | | | | Of jute or of other textile bast fibres of heading No 57.03 | DK | | 2 729 | 3 029 | 3 423 | 3 936 | |
| | | | | | | | Of other textile materials | GR | | 287 | 319 | 360 | 414 | |
| | | | | | | | | E | | 1 400 | 1 540 | 1 725 | 1 967 | |
| | of which: | | | | | | | | | |
| | 59.04 | 59.04-11, 12, 14, 15, 17, 18, 19, 21 | Twine, cordage, ropes and cables, plaited or not: | D | Tonnes | 1 011 | 1 112 | 1 245 | 1 419 | |
| | A | | | | | | Twine, cordage, ropes and cables, of synthetic textile fibres, plaited or not | F | | 1 281 | 1 409 | 1 578 | 1 799 | |
| | | | | | | | BNL | | 1 254 | 1 379 | 1 545 | 1 761 | |
| | | | | | | | UK | | 2 495 | 2 745 | 3 074 | 3 504 | |
| | | | | | | | IRL | | 67 | 74 | 83 | 95 | |
| | | | | | | | GR | | 135 | 149 | 167 | 190 | |
| | | | | | | | E | | 900 | 990 | 1 109 | 1 264 | |
| ANNEX B | |
| Imports under outward processing arrangements | |
| 1. | |
| For the purposes of this Protocol, processing operations shall mean operations consisting in the processing in Portugal of goods temporarily exported from the Community as at present constituted with a view to their reimport into the Community as at present constituted in the form of compensating products. | |
| 2. | |
| Only natural or legal persons established in the present Community as at present constituted shall qualify for these arrangements. | |
| Any person referred to in the previous subparagraph who applies to qualify for these arrangements must satisfy the following conditions: | |
| (a) | He must manufacture, on his own account, in a factory situated in the Community as at present constituted, similar products at the same stage of manufacture as the compensating products for which the arrangements are being requested. | |
| (b) | He may have compensating products manufactured in Portugal within the framework of processing operations up to the limit of annual quantities fixed by the competent authorities of the Member State where the application is made, under the conditions described in point 3. | |
| (c) | The goods which he exports temporarily with a view to processing operations must be in free circulation in the Community as at present constituted within the meaning of Article 9 (2) of the EEC Treaty and must originate in the Community as at present constituted within the meaning of Regulation (EEC) No 802/68 and the Implementing Regulations thereof. Derogations from the provisions of this point may be granted by the authorities of the present Member States only for goods of which Community production is insufficient. Such derogations may be granted only up to the limit of 14 % of the total value of the goods (1) for which the arrangements have been granted in the Member State concerned during the previous year. | The present Member States shall communicate to the Commission at quarterly intervals the essential details of the derogations thus granted, namely, the nature, origin and quantities of the goods of non-Community origin concerned. The Commission shall communicate this information to the other Member States. | |
| (d) | The processing operations to be carried out in Portugal must not constitute processing of greater importance than that laid down for each product in point 11. The processing operations to be carried out may, however, constitute processing of lesser importance than that laid down for each product in point 11. | |
| The present Member States may derogate from the provisions of (a) of the second subparagraph in respect of persons who do not satisfy the conditions of that subparagraph. | |
| Such derogations will apply only up to the total quantities imported under the specific arrangements existing prior to accession. | |
| In applying the derogations referred to in the previous subparagraph, preference will be given to persons who previously qualified for the specific arrangements referred to above. However, if such persons do not use up the whole of the quantities which they might claim, the remainder of those quantities may be granted to other persons. | |
| 3. | |
| The competent authorities of each Member State shall divide up, among the persons benefiting from the arrangements referred to in point 2, the annual quantities of compensating products given in the table attached to this Annex, of which the present Member State concerned may authorize the reimport in accordance with the provisions of this Annex. | |
| 4. | |
| The competent authorities of the Member State into which the compensating products are to be reimported shall issue prior authorization to applicants satisfying the conditions laid down by this Annex. | |
| The prior authorization may be issued either once a year for the total quantity allotted to the applicant under (b) of the second subparagraph of point 2, or in stages during the year for successive partial amounts of the quantity allotted until this is used up. | |
| The applicant shall submit to the competent authorities the contract concluded with the undertaking responsible for carrying out the processing operations on his account in Portugal, or any other proof deemed equivalent by those authorities. | |
| 5. | |
| The prior authorization shall be granted only if the competent authorities are able to identify the temporarily exported goods in the reimported compensating products. | |
| The competent authorities may refuse to grant the benefit of the arrangements where they observe that it is not possible for them to obtain all the guarantees enabling them to verify in practice that the provisions of point 2 are being complied with. | |
| The prior authorization shall lay down the conditions under which the processing operation must take place, in particular: | |
| — | the quantities of goods to be exported and of products to be reimported calculated by reference to the rate of yield fixed on the basis of the technical data of the processing operation or operations to be carried out, if they have been established, or, failing these, the data available in the Community as at present constituted on operations of the same kind, | |
| — | the means by which the temporarily exported goods may be identified in the compensating products, | |
| — | the time limit for reimport on the basis of the time necessary to carry out the processing operation or operations. | |
| 6. | |
| On temporary exportation, the prior authorization issued by the competent authorities shall be presented at the customs office concerned for customs formalities to be accomplished. | |
| 7. | |
| The present Member States shall communicate to the Commission the figures concerning the prior authorizations issued each month, before the tenth day of the following month. | |
| At the request of the Commission, the present Member States shall inform the Commission of any refusal of prior authorization and of the reasons, with regard to the conditions laid down in this Protocol, which gave rise to the refusal. | |
| 8. | |
| Without prejudice to the following points, reimportation of compensating products may not be refused by any present Member State which has issued prior authorization for these products, subject to compliance with the conditions laid down in the said authorization and to other customs formalities normally required at the moment of import. | |
| These products may not be reimported into a present Member State other than that in which the prior authorization was issued. | |
| Where compensating products are reimported into the Community as at present constituted, the person making the declaration shall present to the competent authorities the prior authorization accompanied by proof that the processing operation took place in Portugal. | |
| 9. | |
| The competent authorities of the Member State concerned may, when circumstances so justify: | |
| — | grant an extension of the time limit for reimportation initially fixed, | |
| — | authorize reimportation of compensating products in several consignments; in this case, a note shall be taken of the prior authorization as and when the consignments arrive. | |
| The competent authorities of the Member State concerned may, in addition, authorize the reimportation of compensating products even if the processing operations provided for in the prior authorization have not been realized in their entirety. | |
| 10. | |
| The present Member States shall communicate to the Commission the statistical information relating to all reimportations which take place in their territory under this Protocol. The Commission shall communicate this information to the other present Member States. | |
| 11. | |
| The maximum levels of processing referred to in (d) of the second subparagraph of point 2 shall be as follows: | |
| Compensating products by category | Maximum level of processing | |
| Categories | Operation | |
| 4, 5, 7, 8 | Processing from fabrics or knitted or crocheted materials | |
| TABLE PROVIDED FOR IN PARAGRAPH 3 | |
| Category | CCT heading No | NIMEXE code | (1985) | Description | Member States | Units | 1986 | 1987 | 1988 | 1989 | |
| 4 | 60.04 | | Under garments, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 14 | 15 | 17 | 19 | |
| | B | I | | | | | | | | F | | 309 | 337 | 374 | 423 | |
| | | II | a) | | | | | | | | | | | | | |
| | | | b) | | | | | 60.04-19, 20, 22, 23, 24, 26, 41, 50, 58, 71, 79, 89 | Shirts, T-shirts, lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, undervests and the like, knitted or crocheted not elastic or rubberized, other than babies' garments of cotton or synthetic textiles fibres; T-shirts and lightweight fine knit roll, polo or turtle-neck jumpers and pullovers, of regenerated textile fibres, other than babies' garments | BNL | | 20 | 22 | 24 | 27 | |
| | | | c) | | | | | | | | | | | |
| | | IV | b) | 1 | aa) | | | EEC | | 343 | 374 | 415 | 469 | |
| | | | | | dd) | | | | | | | | | |
| | | | | 2 | cc) | | | | | | | | | |
| | | | d) | 1 | aa) | | | | | | | | | |
| | | | | | dd) | | | | | | | | | |
| | | | | 2 | dd) | | | | | | | | | |
| 5 | 60.05 | | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 179 | 195 | 216 | 244 | |
| | A | I | a) | | | | | | F | | 599 | 653 | 725 | 819 | |
| | | II | b) | 4 | bb) | 11 | aaa) | | I | | 74 | 81 | 90 | 102 | |
| | | | | | | | bbb) | | BNL | | 723 | 788 | 875 | 989 | |
| | | | | | | | ccc) | | | | | | | | |
| | | | | | | | | | A. Outer garments and clothing accessories: | | | | | | | |
| | | | | | | | ddd) | | | IRL | | 5 | 5 | 6 | 7 | |
| | | | | | | | eee) | | | DK | | 14 | 15 | 17 | 19 | |
| | | | | | | 22 | bbb) | 60.05-01, 31, 33, 34, 35, 36, 39, 40, 41, 42, 43 | Jerseys, pullovers slip-overs, waistcoats, twinsets, cardigans, bed-jackets and jumpers, knitted or crocheted, not elastic or rubberized of wool, of cotton or of man-made textile fibres | EEC | | 1 594 | 1 737 | 1 929 | 2 180 | |
| | | | | | | | ccc) | | | | | | | |
| | | | | | | | ddd) | | | | | | | |
| | | | | | | | eee) | | | | | | | |
| | | | | | | | fff) | | | | | | | |
| 7 | 60.05 | | Outer garments and other articles, knitted or crocheted, not elastic or rubberized: | D | 1 000 pieces | 1 438 | 1 567 | 1 739 | 1 965 | |
| | A | II | b) | 4 | aa) | 22 | | | F | | 586 | 639 | 709 | 801 | |
| | | | | | | 33 | | | BNL | | 168 | 183 | 203 | 229 | |
| | | | | | | | | | A. Outer garments and clothing accessories: | | | | | | | |
| | | | | | | 44 | | | | IRL | | 36 | 39 | 43 | 49 | |
| | | | | | | 55 | | | II. Other | | | | | | | |
| | | | | | | | | | | EEC | | 2 228 | 2 428 | 2 694 | 3 044 | |
| | 61.02 | | Women's, girls' and infants' outer garments: | | | | | | | |
| | B | II | c) | 7 | bb) | | | | | | | | | | | |
| | | | | | cc) | | | | B. Other: | | | | | | | |
| | | | | | dd) | | | | | | | | | | | |
| | | | | | | | | 60.05-22, 23, 24, 25 | Blouses and shirt-blouses, knitted; crocheted (not elastic or rubberized), or woven, for women, girls and infants, of wool, of cotton or of man-made textile fibres | | | | | | | |
| | | | | | | | | 61.02-78, 82, 84 | | | | | | | |
| 8 | 61.03 | | Men's and boys' under garments, including collars, shirt fronts and cuffs: | D | 1 000 pieces | 1 198 | 1 306 | 1 450 | 1 639 | |
| | A | | | | | | | | F | | 1 297 | 1 414 | 1 570 | 1 774 | |
| | | | | | | | | | I | | 371 | 404 | 448 | 506 | |
| | | | | | | | | | Men's and boys' shirts woven, of wool, of cotton or of man-made textile fibres | | | | | | | |
| | | | | | | | | 61.03-11, 15, 19 | BNL | | 994 | 1 083 | 1 202 | 1 358 | |
| | | | | | | | | IRL | | 24 | 26 | 29 | 33 | |
| | | | | | | | | DK | | 74 | 81 | 90 | 102 | |
| | | | | | | | | EEC | | 3 958 | 4 314 | 4 789 | 5 412 | |
| (1) Total value of the goods shall mean: | |
| — | in respect of previously imported goods, their customs value as defined by Regulation (EEC) No 1224/70 (OJ No L 134, 31. 5. 1980, p. 1). | |
| — | in other cases, the ex-factory price. | |
| ANNEX C | |
| Administrative cooperation laid down in Article 2 | |
| 1. | |
| The competent Portuguese authorities shall issue, under the conditions laid down, a ‘Boletim de Registo de Exportaçâo (BRE)’ or a ‘Boletim global de Exportaçâo (BGE)’ for any export of textile products of the categories, tariff headings and NIMEXE codes referred to in Annex A originating in Portugal and intended to be sent to the other Member States with a view to their final import. | |
| 2. | |
| The competent Portuguese authorities shall issue certified copies, either of a BRE or a BGE, for the products covered by this Protocol. The certificates shall comprise in particular the information which should appear in the declaration or request by an importer referred to in point 5. | |
| 3. | |
| The competent Portuguese authorities shall notify the Commission within the first 10 days of each quarter, broken down by Member State and category of product, of: | |
| (a) | the quantities for which certified true copies of the BRE or BGE have been issued during the preceding quarter; | |
| (b) | the exports made during the quarter preceding the period referred to in (a). | |
| 4. | |
| The competent Portuguese authorities shall also notify on a quarterly basis the Commission and the competent authorities of the other Member States of the serial numbers of BRE and BGE which have expired and any other information they consider relevant to the matter. | |
| 5. | |
| Final import into another Member State of products covered by the present administrative cooperation shall be subject to the submission of an import document. This document shall be issued or endorsed by a competent authority of the importing Member State, free of charge, for all the quantities requested, within a maximum period of five working days after lodging, in accordance with the national laws in force, either a declaration, or simply a request by any importer from the other Member States, regardless of where he is established in the Community, without prejudice to compliance with the other conditions required by the rules in force. This import document shall be issued or endorsed only on the sight of a copy, certified by the competent Portuguese authorities, of the BRE or BGE that they have issued. | |
| The declaration or request of the importer shall indicate: | |
| (a) | the name and address of the importer and exporter; | |
| (b) | the description of the product indicating: | — | the trade designation, | — | the category number of the product indicated in column 1 of Annex A, | — | the tariff heading or reference number of the nomenclature of goods of the national statistics of foreign trade, | — | the country of origin; | |
| (c) | the indication of the product in the unit appearing in column 6 of Annex A; | |
| (d) | the date or dates envisaged for import. | |
| The importing Member State may request further details without this resulting in import barriers. | |
| This paragraph shall not prevent the final import of the products in question if the quantity of the products entered for import exceeds, in total, by less than 5 %, that mentioned on the import document. | |
| 6. | |
| Where a requested import document concerns a quantity less than the quantity indicated in the certified copy of the BRE or the BGE, that copy shall be returned to the importer with a note on the back stating the quantity for which an import document was issued. | |
| 7. | |
| The other Member States shall notify the Commission within the first 10 days of each quarter and broken down by category of products, of: | |
| (a) | the quantities for which the import documents have been issued or endorsed during the preceding quarter; | |
| (b) | the imports made during the quarter preceding the period referred to in (a). | |
| 8. | |
| The Commission and the Portuguese authorities shall, at least every quarter, examine the state of their trade and prospects with a view to a thoroughgoing analysis of the situation. | |
| ANNEX D | |
| Flexibility laid down in Article 3 | |
| The flexibility provisions laid down in Article 3 of this Protocol shall be determined in accordance with the following procedure: | |
| (a) | Within each category: | — | the advance utilization during any given year of part of the quantities fixed for the following year up to 8,75 % of the quantities concerned for the year of utilization. Such advance exports shall be deducted from the corresponding quantities fixed for the following year, | — | the carry-over of quantities not utilized during any given year to the corresponding quantities for the following year up to 8,75 % of the quantities concerned for the actual year of application. An additional carry-over may be authorized by the Commission at the request of the Portuguese authorities. | |
| (b) | Between categories: | transfers from one category to another up to 10 % of the level of the category to which the said transfer is made. This provision shall apply to the following operations: | — | categories 2 and 3 between each other, excepting Benelux, for which the transfer may be 100 %, | — | categories 2 or 3 to 9, 19, 20, 39, | — | categories 4, 5, 7, 8, between each other, | — | categories 6 and 8, between each other, only for the United Kingdom, | — | categories 33 and 90, between each other, | — | within heading No 59.04, between sisal and synthetic textile fibres, except for Italy and Denmark, for which the transfer may be 100 %. | These transfers shall be made on the basis of the following equivalents: | Category | Piece/kg | Grams/piece | 4 | 6,48 | 154 | 5 | 4,53 | 221 | 6 | 1,76 | 568 | 7 | 5,55 | 180 | 8 | 4,60 | 217 | |
| 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 cannot 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 | |
| The arrangements defined in the following Articles shall apply to the assembly and import of motor vehicles, regardless of engine type, for the carriage of persons and goods. | |
| Article 2 | |
| 1. As from 1 January 1986, the Portuguese Republic shall open the annual import quotas given in Annex A for motor vehicles imported ready-assembled, hereinafter referred to as ‘CBU’, originating in other Member States, of a gross weight less than 3 500 kg. | |
| 2. The list given in Annex A may be amended by the Council acting by a qualified majority on a proposal from the Commission. | |
| 3. As from 1 January 1986, the Portuguese Republic shall open an annual import quota for CBU motor vehicles originating in other Member States, of a gross weight less than 3 500 kg, other than those referred to in the list in Annex A, as shown below: | |
| Timetable | Annual quota | |
| 1 January 1986 | 440 units | |
| 1 January 1985 | 550 units | |
| Within that quota, no make of vehicle may be allotted more than one-quarter of the volume fixed. | |
| Each make shall have the right to be allotted a minimum quota of 20 units. | |
| Article 3 | |
| As from 1 January 1986, the Portuguese Republic shall open annual import quotas for CBU motor vehicles originating in other Member States of a gross weight greater than 3 500 kg, as shown below: | |
| Timetable | Annual quota | |
| 1 January 1986 | 660 units | |
| 1 January 1987 | 770 units | |
| Article 4 | |
| 1. As from 1 January 1986, for vehicles imported in the non-assembled state, hereinafter referred to as ‘CKD’, of a gross weight less than 2 000 kg for the carriage of persons, the Portuguese Republic shall open 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. | |
| 2. The quotas per Community make shall be updated annually. To that end, a corrective factor shall be applied to them, in order to compensate for the increase in price in Portugal and the trend of production prices of CKD motor vehicles. | |
| The sum of all the quotas per make (Community and non-Community) shall be fixed, in constant prices in escudos, at the equivalent of 41 500 motor vehicles for 1986 and 44 000 motor vehicles for 1987. | |
| 3. The annual quotas per make and all data relevant to them shall be communicated to the Commission by 15 February each year. | |
| 4. The use of the quotas per make allotted as basic quotas shall be free up to a maximum of 90 % in 1986 and 93 % in 1987. The use of the remainder of the quotas per make shall be conditional on the export of motor vehicles or vehicle components on the basis of the value added in Portugal of such exports. | |
| Article 5 | |
| 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 the value added in Portugal of motor vehicles or motor vehicle components exported. | |
| Additional quotas shall be allotted on the basis of the coefficients given in Annex C. | |
| 2. The Council, acting on a proposal from the Commission by a qualified majority, may subsequently, if necessary, fix a ceiling on each make equal to a percentage of the sum of the basic quotas allotted to all the makes. | |
| Article 6 | |
| The quotas fixed in Articles 4 and 5 may be used for the import of either CKD or CBU motor vehicles. | |
| ANNEX A | |
| List of import quotas referred to in Article 2 (1) | |
| | 1 January 1986 | 1 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 | |
| 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 | 1 600 822 | |
| 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) | |
| | 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 | |
| — | Gear boxes | 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 accession, to adjust its patent law so as to make it compatible with the principles of the free movement of goods and with the level of protection of industrial property attained in the Community. In particular, the Portuguese Republic shall repeal, on accession, the provisions of Article 8 of Decree No 27/84 of 18 January 1984, under which the holder of a patent granted in Portugal must, in order to enjoy the exclusive rights conferred by that patent, manufacture on Portuguese territory the patented product or the product obtained by using a patented process. | To that end, close cooperation shall be instituted between the Commission services and the Portuguese authorities; this cooperation shall also cover the problems of transition of current Portuguese law towards new law. | |
| 2. | The Portuguese Republic shall introduce, in its national legislation, a provision on shifting the burden of proof corresponding to Article 75 of the Luxembourg Convention of 15 December 1975 on the Community patent. | This provision shall apply upon accession with regard to new process patents filed as from the date of accession. | For patents filed prior to that date, this provision shall apply not later than 1 January 1992. | However, this provision shall not apply if infringement proceedings are brought against the holder of another process patent for the manufacture of a product identical to that obtained as the result of the patented process of the plaintiff, if that other patent was issued before the date of accession. | In cases where shifting the burden of proof does not apply, the Portuguese Republic shall continue to require the patent holder to adduce proof of infringement. | In all cases where shifting the burden of proof does not apply on 1 January 1987, including patents filed before the date of accession, the Portuguese Republic shall pass new domestic legislation, with effect from that date introducing a judicial procedure known as ‘distraint-description’. | ‘Distraint-description’ means, a procedure by which any person entitled to bring an action for infringement may, after obtaining a Court order, granted on his application, cause a detailed description to be made, at the premises of the alleged infringer, by a bailiff assisted by experts, of the processes in question, in particular by photocopying technical documents, with or without actual distraint. This Court order may order the payment of a security, intended to grant damages to the alleged infringer in case of injury caused by the ‘distraint-description’. | |
| 3. | The Portuguese Republic shall accede on 1 January 1992 to the Munich Convention of 5 October 1973 on the European patent and to the Luxembourg Convention of 15 December 1975 on the Community patent. | The Portuguese Republic may invoke Article 95 (4) of the Luxembourg Convention on the Community patent with a view to introducing the purely technical adaptations made necessary by its accession to the said Convention, it being, however, understood that such an invocation can in no way delay the accession of the Portuguese Republic to the Luxembourg Convention beyond the abovementioned date. | |
| Protocol 20 | |
| on the restructuring of the Portuguese iron and steel industry | |
| 1. | From the date of accession, no aid may be given to the Portuguese iron and steel industry unless approved by the Commission within the framework of a restructuring plan. The restructuring plan for the Portuguese iron and steel industry should be compatible with the last general steel objectives adopted before the date of accession. | |
| 2. | From the date of accession, the Commission and the Portuguese Government will assess jointly the plan approved by the Portuguese Government, which is to be officially forwarded to the Commission by 1 September 1985, and the viability of the iron and steel undertaking to which the plan relates. | |
| 3. | Should the viability of that undertaking not be satisfactorily guaranteed at the end of a maximum of five years after accession, the Commission, after receiving the opinion of the Portuguese Government, shall propose, at the end of the first year after accession, to make an addition to the plan, thereby enabling that undertaking to reach a viable state by the end of the plan. | |
| 4. | Any aid to the Portuguese iron and steel industry forming part of the addition to the plan provided for in point 3 shall be notified in advance, and not later than the end of the first year after accession, to the Commission by the Portuguese Government. The said Government shall not implement its projects without authorization from the Commission. | The Commission shall assess those projects on the basis of the criteria and in accordance with the procedures defined in the Annex to this Protocol. | |
| 5. | During the period mentioned in Article 212 of the Act of Accession, Portuguese deliveries of ECSC iron and steel products to the remainder of the Community should fulfil the following conditions: | (a) | The level of Portuguese deliveries to the remainder of the Community as at present constituted during the first year following accession shall be that fixed by the Commission after agreement of the Portuguese Government and consultation of the Council during the year preceding accession. Whatever the situation, this level may in no circumstances be less than 80 000 tonnes. If no agreement has been reached between the Commission and the Portuguese Government at the latest one month before the date of accession, the quantities which the Portuguese iron and steel industry may deliver during the first three months from the date of accession shall not exceed 20 000 tonnes. | Should no agreement have been reached on this point by the date of accession, the level of deliveries shall be fixed, not later than two months after the date of accession, by the Commission with the assent of the Council. | These deliveries will in any event have to be liberalized once the transitional arrangements have expired and in order to bring about a harmonious transition, their level may be increased before the end of the said arrangements, the level of the first year being considered as a base line. | Any increase in the level will be made on the basis of: | — | the state of progression of the Portuguese restructuring plan, taking into account significant factors in re-establishing the viability of the undertakings, and necessary measures to attain such viability, | — | iron and steel measures which may be in force in the Community after accession so that Portugal is not treated less favourably than third countries, and | — | trends in deliveries of ECSC iron and steel products to Portugal from the Community as at present constituted. | (b) | The Portuguese Government hereby undertakes to implement upon accession, under its responsibility and in agreement with the Commission, a mechanism for monitoring deliveries to the remainder of the Community market calculated to ensure strict observance of the quantitative undertakings agreed or established pursuant to point (a). | This mechanism must be compatible with any other measure of market supervision which may be adopted during the years following the date of the accession, and must not jeopardize the possibility of delivering the agreed quantities. | The Commission will regularly inform the Council of the reliability and the effectiveness of this mechanism. Should it prove to be unsatisfactory, the Commission shall, with the assent of the Council, take the appropriate measures. | |
| ANNEX | |
| Procedures and criteria for the assessment of aid | |
| 1. | |
| All aid to the iron and steel industry, whether specific or non-specific, financed by the Portuguese State or through State resources in any form whatsoever may be considered compatible with the orderly functioning of the common market only if it respects the general rules set out in paragraph 2 and satisfies the provisions of paragraphs 3 to 6. Such aid shall be put into effect only in accordance with the procedures established in this Annex. | |
| The concept of aid includes aid granted by regional or local authorities and any aid elements contained in the financing measures taken by the Portuguese State in respect of the iron and steel undertaking which it controls and which do not count as the provision of risk capital according to standard company practice in a market economy. | |
| 2. | |
| Aid granted to the Portuguese iron and steel industry may be considered compatible with the orderly functioning of the common market provided that: | |
| — | the recipient undertaking is engaged in the implementation of a systematic and specific restructuring programme covering the various aspects of restructuring (modernization, reduction of capacity and, where necessary, financial restructuring), which is capable of restoring its competitiveness and of making it financially viable without aid under normal market conditions, by the expiry of the transitional arrangements at the latest, | |
| — | in the overall production capacity of the recipient undertaking the said restructuring programme does not make provision for an increase in production capacity for the various categories of products for which there is not a growth market, | |
| — | the amount and intensity of the aids granted to the steel undertaking are progressively reduced, | |
| — | the aid in question does not entail distortions of competition and does not affect trading conditions to an extent contrary to the common interest, | |
| — | the aid is approved not later than 36 months after accession and does not lead to any payments after the expiry of the transitional arrangements, other than by way of interest subsidies or of payments to honour guarantees on loans disbursed before that date. | |
| In taking a decision on such requests for aid as are submitted to it within the framework of the restructuring programme, the Commission shall take account of Portugal's special situation as one of the Member States having a single iron and steel undertaking with only a slight impact on the Community market. | |
| 3. | |
| Aid in support of investment in the iron and steel industry may be considered compatible with the orderly functioning of the common market provided that: | |
| — | the Commission has received prior notification of the investment programme where such notification is required by Commission Decision No 3302/81/ECSC of 18 November 1981, on the information to be furnished by steel undertakings about their investments or by any subsequent decision, | |
| — | the amount and intensity of the aid are justified by the extent of the restructuring effort that has been made, account being taken of the structural problems of the region where the investment is to be undertaken, and are limited to what is necessary for that purpose, | |
| — | the investment programme takes account of the criteria defined in paragraph 2 and of the general objectives for steel, having regard to any reasoned opinion which the Commission may have issued on the investment programme concerned. | |
| In its examination of such aid the Commission shall take account of the extent of the contribution of the investment programme concerned to other Community objectives, for instance innovation, energy saving and environmental protection, provided that the rules of paragraph 2 are adhered to. | |
| 4. | |
| Aid to defray the normal costs resulting from the partial or total closure of steel plants may be considered compatible with the orderly functioning of the common market. | |
| The costs eligible for such aid shall be the following: | |
| — | allowances paid to workers made redundant or retired before legal retirement age, where such allowances are not covered by aids pursuant to Article 56 (1) (c) or (2) (b) of the Treaty, | |
| — | compensation due to third parties in respect of the termination of contracts, in particular for the supply of raw materials, | |
| — | expenditure incurred for the redevelopment of the site, the buildings and/or infrastructures of closed steel plant for alternative industrial use. | |
| Exceptionally and by way of derogation from paragraph 4 of Protocol 20 and the fifth indent of paragraph 2 of this Annex, aid for closures which could not be foreseen in the programmes notified not more than 18 months after accession may be notified to the Commission after that date and authorized later than the first 36 months following accession. | |
| 5. | |
| Aid to facilitate the operation of certain undertakings or plants may be considered compatible with the orderly functioning of the common market provided that: | |
| — | this aid forms an integral part of a restructuring programme as defined in the first indent of paragraph 2, | |
| — | it is progressively reduced at least once a year, | |
| — | it is limited in intensity and amount to what is absolutely necessary in order to enable operation to continue during the period of restructuring, and is justified by the extent of the restructuring effort made, account also being taken of any aid granted for investment. | |
| In its examination of such aid the Commission shall take account of the problems facing the unit or units in question and the region or regions concerned, and of the secondary effects of the aid on competition on markets other than the steel market, in particular the transport market. | |
| 6. | |
| Aid to defray expenditure by steel undertakings on research and development projects may be considered compatible with the orderly functioning of the common market provided that the research and/or development project in question has one of the following objectives: | |
| — | a reduction in the costs of production, notably energy saving, or an improvement in productivity, | |
| — | an improvement in product quality, | |
| — | an improvement in the performance of iron and steel products or an increase in the range of uses of steel, | |
| — | an improvement in working conditions as regards health and safety. | |
| The total amount of all aid granted for the above purposes may not exceed 50 % of the eligible costs of the project. The costs eligible for such aid shall mean the costs directly associated with the project and shall exclude in particular all expenditure on investment related to production processes. | |
| 7. | |
| The Commission shall seek the views of the Member States on the aid projects notified to it by the Portuguese Government before adopting a position on them. It shall inform all Member States of the position adopted by it on each aid project. | |
| If, after giving notice to the parties concerned to submit their comments, the Commission finds that an aid is incompatible with the provisions of this Annex, it shall inform the Portuguese Government of its decision. Article 88 of the Treaty shall apply in the event of failure by the Portuguese Government to comply with that decision. | |
| 8. | |
| The Portuguese Government shall supply the Commission twice a year with reports on aid disbursed in the course of the preceding six months, on the uses made of such aid and on the results achieved during the same period as regards restructuring. These reports must include details of all financial measures taken by the Portuguese State or by regional or local authorities in respect of public steel undertakings. They must be forwarded within two months of the end of each six-month period in a form to be determined by the Commission. | |
| The first of these reports will concern aid disbursed during the first six months following accession. | |
| Protocol 21 | |
| on the economic and industrial development of Portugal | |
| THE HIGH CONTRACTING PARTIES, | |
| Desiring to settle certain special problems of concern to Portugal and, | |
| HAVING AGREED THE FOLLOWING PROVISIONS, | |
| Recall that the fundamental objectives of the European Economic Community include the steady improvement of the living standards and working conditions of the peoples of the Member States and the harmonious development of their economies by reducing the differences existing between the various regions and the backwardness of the less-favoured regions: | |
| Take note of the fact that the Portuguese Government has embarked upon the implementation of a policy of industrialization and economic development designed to align the standard of living in Portugal with that of the other European nations and to eliminate underemployment while progressively evening out regional differences in levels of development; | |
| Recognize it to be in their common interest that the objectives of this policy be attained; | |
| Agree to recommend to this end that the Community institutions use all the means and procedures laid down by the EEC Treaty, particularly by making adequate use of the Community resources intended for the realization of the Community's abovementioned objectives; | |
| Recognize in particular that, in the application of Articles 92 and 93 of the EEC Treaty, it will be necessary to take into account the objectives of economic expansion and the raising of the standard of living of the population. | |
| Protocol 22 | |
| on the exchange of information with the Portuguese Republic in the field of nuclear energy | |
| Article 1 | |
| 1. From the date of accession, such information as has been communicated to Member States, persons and undertakings in accordance with Article 13 of the Euratom Treaty, shall be placed at the disposal of the Portuguese Republic which shall give it limited distribution within its territory under the conditions laid down in that Article. | |
| 2. From the date of accession, the Portuguese Republic shall place at the disposal of the European Atomic Energy Community information obtained in the nuclear field in Portugal which is given limited distribution, in so far as strictly commercial applications are not involved. The commission shall communicate this information to Community undertakings under the conditions laid down in paragraph 1. | |
| 3. This information shall mainly concern: | |
| — | reactor dynamics, | |
| — | radiation protection, | |
| — | application of nuclear measuring techniques (in the industrial, agricultural, archeological and geological fields), | |
| — | atomic physics (effective measuring of cross sections, pipeline techniques), | |
| — | extractive metallurgy of uranium. | |
| Article 2 | |
| 1. In those sectors in which the Portuguese Republic places information at the disposal of the Community, the competent authorities shall grant upon request licences on commercial terms to Member States, persons and undertakings of the Community where they possess exclusive rights to patents filed in Member States of the Community and in so far as they have no obligation or commitment in respect of third parties to grant or offer to grant an exclusive or partially exclusive licence to the rights in these patents. | |
| 2. Where an exclusive or partially exclusive licence has been granted, the Portuguese Republic shall encourage and facilitate the granting of sub-licences on commercial terms to Member States, persons and undertakings of the Community by the holders of such licences. | |
| Such exclusive or partially exclusive licences shall be granted on a normal commercial basis. | |
| Protocol 23 | |
| on the arrangements for the import into Portugal of motor vehicles coming from third countries | |
| Article 1 | |
| The arrangements defined below shall apply to the assembly and import of motor vehicles, regardless of engine-type, for the carriage of persons and goods, from 1 January 1986 to 31 December 1987 | |
| Article 2 | |
| The Portuguese Republic shall open annual import quotas per make for the import into Portugal of ready-assembled motor vehicles, hereinafter called CBU, coming from non co-contracting third countries, of a gross weight less than 3 500 kilograms, of a maximum of 15 units per producer per year in the case of makes of vehicles which are not assembled in Portugal and, in the case of other makes, of a maximum of 2 % of the number of vehicles of the same make which were assembled in Portugal the previous year. | |
| Article 3 | |
| The Portuguese Republic shall open an annual total quota for CBU motor vehicles, coming from non co-contracting third countries, of a weight greater than 3 500 kilograms, of 30 units. | |
| Article 4 | |
| 1. For motor vehicles for the carriage of persons, imported in the non-assembled state, hereinafter called CKD, of a gross weight less than 2 000 kilograms, the Portuguese Republic shall open a quota per make at the beginning of each year, by reference to the basic quotas granted in 1985 as given in the Annex. | |
| 2. The quotas per make shall be updated annually. To that end, a corrective factor shall be applied to them, in order to compensate for the increase in prices in Portugal and the trend of production prices of CKD motor vehicles. | |
| 3. The use of the quotas per make allotted as basic quotas shall be free up to a maximum of 90 % in 1986 and 93 % in 1987; the use of the remainder of the quotas per make shall be conditional on the export of motor vehicles or vehicle components on the basis of the value added in Portugal of such exports. | |
| Article 5 | |
| 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 the value added in Portugal of motor vehicles or motor vehicle components exported. | |
| Additional quotas shall be allotted on the basis of the coefficients given in Annex B. | |
| 2. For the exporters referred to in paragraph 1, the possibility of additional quotas shall be limited to an overall value which may not exceed 12 % of the total sum of the basic CKD quotas for the makes indicated in Annex A. | |
| Article 6 | |
| The quotas fixed in Articles 4 and 5 may be used for the import of either CKD or CBU motor vehicles. | |
| ANNEX A | |
| Basic quotas per make — 1985 | |
| (Esc 1000) | |
| Toyota | 1 429 811 | |
| Datsun | 1 151 548 | |
| Mazda | 188 282 | |
| Honda | 170 077 | |
| Subaru | 102 304 | |
| Daihatsu | 20 315 | |
| ANNEX B | |
| Weighting of the export coefficients referred to in Article 5 (1) | |
| | 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 | |
| — | Gear boxes | 0,8 | 0,7 | |
| — | Other mechanical components | 0,7 | 0,6 | |
| — | Electrical components | 0,6 | 0,5 | |
| — | Other components | 0,55 | 0,5 | |
| Protocol 24 | |
| on agricultural structures in Portugal | |
| 1. | As from the date of accession, joint action shall be embarked upon in favour of Portugal, in accordance with the objectives of the common agricultural policy, comprising a specific development programme adapted to the special structural conditions of Portuguese agriculture. The programme, which shall extend over a total period of 10 years, shall have as its particular objectives the substantial improvement of production and marketing conditions together with an improvement in the structural situation of the Portuguese agricultural sector as a whole. | |
| 2. | The Community shall implement this programme of action in favour of Portugal in a manner on a par with measures already in existence in the Community for its least favoured areas. This programme will be directed towards developing rural infrastructures, agricultural advisory services and the possibilities for vocational training and will contribute towards the reorientation of production, including irrigation, when this proves necessary, drainage and field improvement works. | Furthermore, the Community shall implement the programme in such a way as to meet specifically the needs and special situation of Portugal. The programme shall include, in particular, measures, still to be defined, intended to contribute efficiently to the cessation of activities. At all events, these measures may not be less favourable than those enjoyed by the Member States of the Community as at present constituted, and the conditions for eligibility for Community financing must be adapted to the specific features of the situation in Portugal. | |
| 3. | The Community will contribute to the desirable objective of the development of agricultural structures in Portugal with a view to attaining objectives in the short, medium and long term as follows: | (a) | short term: improving agricultural advisory services and existing farming conditions by better distribution of available resources, without this entailing a change in the size of holdings or large-scale rationalization measures; improving, moreover, processing and marketing plants as far as possible, bearing in mind the dominant features, or the features as envisaged, of agricultural production; | (b) | medium term: developing a sound infrastructure and the irrigation of areas of dry cultivation, encouraging better use of land and laying down and developing efficient measures for agricultural advisory services, training for agriculture and agricultural research. In this context, the more long-term aspects of cattle improvement could also be considered, such as performance testing and progeny testing of male breeding animals; | (c) | long term: this would consist essentially of promoting the reparcelling of holdings which have been split up and the enlargement of holdings which are not viable at the moment. At the same time an endeavour should be made to correct the imbalance in the age pyramid of the farming population by encouraging elderly farmers to retire and, where appropriate, by implementing measures aimed at making it easier for young people to join the profession under conditions which offer a guarantee as to the long-term viability of their holding. | |
| 4. | The total estimated cost to be borne by the European Agricultural Guidance and Guarantee Fund, Guidance Section, for application of the specific programme covering in particular the desolate regions of Portugal, including those of the autonomous regions of the Azores and Madeira, shall be in the order of 700 million ECU for its 10 year application period, i.e. in the order of 70 million ECU each year. | |
| 5. | The rate of Community financing of the expenditure eligible under the specific programme shall be fixed with account being taken of the rates which have been, are or will be applied to the least favoured regions of the Community for similar measures. | |
| 6. | The Council, acting by qualified majority on a proposal from the Commission, shall adopt, under the conditions provided for in Article 258 of the Act of Accession, the procedures for the specific programme. | |
| 7. | Before 1 January 1991, the Commission shall present the Council with an appraisal report on the execution of the specific programme. | |
| Protocol 25 | |
| on the application to Portugal of production disciplines introduced under the common agricultural policy | |
| 1. | The Community considers that, taking into account the current situation of Portuguese agriculture, an improvement in productivity will not fail to come about under the impulse of various factors including the application of Community structural provisions and the implementation of the specific programme for agricultural structures in Portugal referred to in Protocol 24. | |
| 2. | The Community considers that, even if this increase in productivity occurs within the context of the rationalization of Portuguese agriculture under the influence of conversion actions or the cessation of activity, a certain increase in production will take place. | However, the Community shall encourage such a trend during the first stage since it is a necessary condition for maintaining competitive farming in Portugal within the framework of an enlarged Community. | On the other hand, from the introduction in Portugal, at the start of the second phase, of all the rules of the common agricultural policy, the Community disciplines shall be applied in Portugal under the same conditions as those reserved for the least favoured areas of the Community as at present constituted. | |
| 3. | The situation described above must be slightly adjusted in the following sectors: wine, olive oil, processed fruit and vegetables from tomatoes and sugar beet. | In fact, in these sectors any development of production in Portugal risks aggravating the overall Community production situation. For that reason, the Community considers that the Portuguese Republic may not be exempted from the disciplinary rules adopted at Community level, to apply from the date of accession, whatever the form of transition used for the product in question. | However, the Community shall ensure these production discipline measures are defined so as to take account of the very specific agricultural situation of that Member State; to that end, the provisions of this Act of Accession shall provide that for those sectors a flexibility margin is included, from the beginning, in the application of Community rules relating to the production discipline. | |
