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Document JOL_1985_302_R_0466_123

Final Act(signed on 12 June 1985)

OJ L 302, 15.11.1985, p. 466–497 (ES, DA, DE, EL, EN, FR, IT, NL, PT)

15.11.1985   

EN

Official Journal of the European Union

L 302/466


FINAL ACT

The Plenipotentiaries of:

 

HIS MAJESTY THE KING OF THE BELGIANS,

 

HER MAJESTY THE QUEEN OF DENMARK,

 

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

 

THE PRESIDENT OF THE HELLENIC REPUBLIC,

 

HIS MAJESTY THE KING OF SPAIN,

 

THE PRESIDENT OF THE FRENCH REPUBLIC,

 

THE PRESIDENT OF IRELAND,

 

THE PRESIDENT OF THE ITALIAN REPUBLIC,

 

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

 

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

 

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

 

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITIAN AND NORTHERN IRELAND,

and

THE COUNCIL OF THE EUROPEAN COMMUNITIES

represented by its President

Assembled at Lisbon and Madrid on the twelfth day of June in the year one thousand nine hundred and eight-five on the occasion of the signature of the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and the European Atomic Energy Community,

Have placed on record the fact that the following texts have been drawn up and adopted within the Conference between the European Communities and the Kingdom of Spain and the Conference between the European Communities and the Portuguese Republic:

I.

the Treaty concerning the accession of the Kingdom of Spain and the Portuguese, Republic to the European Economic Community and to the European Atomic Energy Community;

II.

the Act concerning the conditions of accession and the adjustments to the Treaties;

III.

the texts listed below which are annexed to the Act concerning the conditions of accession and the adjustments to the Treaties:

A.

Annex I:

List provided for in Article 26 of the Act of Accession,

Annex II:

List provided for in Article 27 of the Act of Accession,

Annex III:

List provided for in Article 43 (1) first indent of the Act of Accession,

Annex IV:

List provided for in Article 43 (1) second indent of the Act of Accession,

Annex V:

List provided for in Article 48 (3) of the Act of Accession,

Annex VI:

List provided for in Article 48 (4) of the Act of Accession,

Annex VII:

List provided for in Article 53 of the Act of Accession,

Annex VIII:

List provided for in Article 75 (3) of the Act of Accession,

Annex IX:

List provided for in Article 158 (1) of the Act of Accession,

Annex X:

List provided for in Article 158 (3) of the Act of Accession,

Annex XI:

Technical procedures referred to in Article 163 (3) of the Act of Accession,

Annex XII:

List provided for in Article 168 (4) of the Act of Accession,

Annex XIII:

List provided for in Article 174 of the Act of Accession,

Annex XIV:

List provided for in Article 176 of the Act of Accession,

Annex XV:

List provided for in Article 177 (3) of the Act of Accession,

Annex XVI:

List provided for in Article 177 (5) of the Act of Accession,

Annex XVII:

List provided for in Article 178 (1) of the Act of Accession,

Annex XVIII:

List provided for in Article 200 of the Act of Accession,

Annex XIX:

List provided for in Article 213 of the Act of Accession,

Annex XX:

List provided for in Article 243 (2) (a) of the Act of Accession,

Annex XXI:

List provided for in Article 245 (1) of the Act of Accession,

Annex XXII:

List provided for in Article 249 (2) of the Act of Accession,

Annex XXIII:

List provided for in Article 269 (2) of the Act of Accession,

Annex XXIV:

List provided for in Article 273 (2) of the Act of Accession,

Annex XXV:

List provided for in Article 278 (1) of the Act of Accession,

Annex XXVI:

List provided for in Article 280 of the Act of Accession,

Annex XXVII:

List provided for in Article 355 (3) of the Act of Accession,

Annex XXVIII:

List provided for in Article 361 of the Act of Accession,

Annex XXIX:

List provided for in Article 363 of the Act of Accession,

Annex XXX:

List provided for in Article 364 (3) of the Act of Accession,

Annex XXXI:

List provided for in Article 365 of the Act of Accession,

Annex XXXII:

List provided for in Article 378 of the Act of Accession,

Annex XXXIII:

List provided for in Article 391 (1) of the Act of Accession,

Annex XXXIV:

List provided for in Article 391 (2) of the Act of Accession,

Annex XXXV:

List provided for in Article 393 of the Act of Accession,

Annex XXXVI:

List provided for in Article 395 of the Act of Accession;

B.

Protocol 1

on the Statute of the European Investment Bank,

Protocol 2

concerning the Canary Islands and Ceuta and Melilla,

Protocol 3

concerning the exchange of goods between Spain and Portugal for the period during which the transitional measures are applied,

Protocol 4

mechanism for additional responsibilities within the framework of Fisheries Agreements concluded by the Community with third countries,

Protocol 5

on the participation of the new Member States in the funds of the European Coal and Steel Community,

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,

Protocol 7

on Spanish quantitative quotas,

Protocol 8

on the Spanish patents,

Protocol 9

on trade in textile products between Spain and the Community as at present constituted,

Protocol 10

on the restructuring of the Spanish iron and steel industry,

Protocol 11

on pricing rules,

Protocol 12

on the regional development of Spain,

Protocol 13

on the exchange of information with the Kingdom of Spain in the field of nuclear energy,

Protocol 14

on cotton,

Protocol 15

on the definition of Portuguese basic duties for certain products,

Protocol 16

on the granting by the Portuguese Republic of exemption from customs duties on the import of certain goods,

Protocol 17

on trade in textile products between Portugal and the other Member States of the Community,

Protocol 18

on the arrangements for the import into Portugal of motor vehicles coming from other Member States,

Protocol 19

on Portuguese patents,

Protocol 20

on the restructuring of the Portuguese iron and steel industry,

Protocol 21

on the economic and industrial development of Portugal,

Protocol 22

on the exchange of information with the Portuguese Republic in the field of nuclear energy,

Protocol 23

on the arrangements for the import into Portugal of motor vehicles coming from third countries,

Protocol 24

on agricultural structures in Portugal,

Protocol 25

on the application to Portugal of production disciplines introduced under the common agricultural policy.

C.

The texts of the Treaty establishing the European Economic Community and of the Treaty establishing the European Atomic Energy Community, together with the Treaties amending or supplementing them, including the Treaty concerning the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the European Economic Community and to the European Atomic Energy Community, and the Treaty concerning the accession of the Hellenic Republic to the European Economic Community and the European Atomic Energy Community, in the Spanish and Portuguese languages.

The Plenipotentiaries have taken note of the Decision of the Council of the European Communities of 11 June 1985 concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community.

Furthermore the Plenipotentiaries and the Council have adopted the declarations listed below and annexed to this Final Act:

1.

Joint declaration of intent on the development and intensification of relations with the countries of Latin America;

2.

Joint declaration concerning the economic and social development of the autonomous regions of the Azores and Madeira;

3.

Joint declaration on the free movement of workers;

4.

Joint declaration relating to workers from the present Member States established in Spain or Portugal and to Spanish or Portuguese workers established in the Community and members of their families;

5.

Joint declaration on the elimination of monopolies existing in the new Member States in the sphere of agriculture;

6.

Joint declaration on the adjustment of the ‘acquis communautaire’ in the vegetable oils and fats sector;

7.

Joint declaration on the arrangements applicable to trade in agricultural products between the Kingdom of Spain and the Portuguese Republic;

8.

Joint declaration on imports from third countries of products subject to the STM;

9.

Joint declaration on the application of the regulatory amount to table wines;

10.

Joint declaration on the STM in the cereals sector;

11.

Joint declaration on Protocol 2 concerning the Canary Islands and Ceuta and Melilla;

12.

Joint declaration on Protocol 2;

13.

Joint declaration on Article 9 of Protocol 2;

14.

Joint declaration concerning fisheries relations with third countries;

15.

Joint declaration concerning Protocols to be concluded with certain third countries;

16.

Joint declaration on the inclusion of the peseta and the escudo in the ECU.

The Plenipotentiaries and the Council have also taken note of the following declarations to this Final Act:

1.

Declaration by the Government of the Federal Republic of Germany on the application to Berlin of the Decision concerning Accession to the European Coal and Steel Community and of the Treaty of Accession to the European Economic Community and to the European Atomic Energy Community.

2.

Declaration by the Government of the Federal Republic of Germany on the definition of the term ‘nationals’.

The Plenipotentiaries and the Council have also taken note of the arrangement regarding the procedure for adopting certain decisions and other measures to be taken during the period preceding accession which has been reached within the Conference between the European Communities and the Kingdom of Spain and the Conference between the European Communities and the Portuguese Republic and which is annexed to this Final Act.

Finally, the following declarations have been made and are annexed to this Final Act:

A.

Joint declarations: Community as at present constituted/Kingdom of Spain:

1.

Joint declaration on the Spanish iron and steel industry;

2.

Joint declaration on the prices of agricultural products in Spain;

3.

Joint declaration on Spanish quality wines produced in specified regions.

4.

Joint declaration on certain transitional measures and certain data of an agricultural nature with regard to Spain;

5.

Joint declaration on the action programme to be drawn up for the verification of convergence phase in the fruit and vegetable sector with regard to Spain;

6.

Joint declaration on the incidence in trade with the other Member States of national aid maintained on a transitional basis by the Kingdom of Spain;

7.

Joint declaration on the application in Spain of Community socio-structural measures in the wine sector and provisions enabling the origin to be determined and the commercial movements of Spanish wines to be followed;

8.

Joint declaration on future trade arrangements with Andorra.

B.

Joint declarations: Community as at present constituted/Portuguese Republic:

1.

Joint declaration concerning access to the Portuguese oil market;

2.

Joint declaration on the Portuguese iron and steel industry;

3.

Joint declaration concerning the First Council Directive of 12 December 1977 on the coordination of the laws, regulations, and administrative provisions relating to the taking up and pursuit of the business of credit institutions;

4.

Joint declaration on the prices of agricultural products in Portugal;

5.

Joint declaration on the action programme for the first stage of transition to be drawn up for the products subject to transition by stages with regard to Portugal;

6.

Joint declaration on certain transitional measures and certain data in the sphere of agriculture with regard to Portugal;

7.

Joint declaration on wine in Portugal;

8.

Joint declaration on supplies to the sugar refining industry in Portugal;

9.

Joint declaration concerning the introduction of the common system of value added tax in Portugal.

C.

Declarations by the European Economic Community:

1.

Declaration by the European Economic Community on Spanish and Portuguese workers taking up paid employment in the present Member States;

2.

Declaration by the European Economic Community on the participation of Spain and Portugal in the benefits derived from the resources of the European Social Fund;

3.

Declaration by the European Economic Community on the participation of Spain and Portugal in the benefits derived from the resources of the European Regional Development Fund;

4.

Declaration by the European Economic Community on supplies to the sugar refining industry in Portugal;

5.

Declaration by the European Economic Community on Community aid for monitoring and supervising the waters;

6.

Declaration by the European Economic Community on the adaptation and modernization of the Portuguese economy;

7.

Declaration by the European Economic Community on the application of the Community loan mechanism in favour of Portugal;

8.

Declaration by the Community on the application of the regulatory amount.

D.

Declarations by the Kingdom of Spain:

1.

Declaration by the Kingdom of Spain: CECAF zone;

2.

Declaration by the Kingdom of Spain on Latin America;

3.

Declaration by the Kingdom of Spain on Euratom;

E.

Declarations by the Portuguese Republic:

1.

Declaration by the Portuguese Republic on compensatory indemnities referred to in Article 358;

2.

Declaration by the Portuguese Republic: CECAF zone;

3.

Declaration by the Portuguese Republic on monetary questions.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne Slutakt.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.

Σε πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα συνθήκη.

In witness whereof the undersigned Plenipotentiaries have signed this Final Act.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben la presente Acta final.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.

Dá fhianú sin, chuir na Lánchumhachtaigh thíossínithe a lámh leis an Ionstraim Chríochrait-heach seo.

En fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente atto finale.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.

Em fé do que os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final da presente Acta final.

Udfærdiget i Madrid, den tolvte juni nitten hundrede og femogfirs.

Geschehen zu Madrid am zwölften Juni neunzehnhundertfünfundachtzig.

Έγινε στη Μαδρίτη, στις δώδεκα Ιουνίου χίλια εννιακόσια ογδόντα πέντε.

Done at Madrid on the twelfth day of June in the year one thousand nine hundred and eighty-five.

Hecho en Madrid, el doce de junio de mil novecientos ochenta y cinco.

Fait à Madrid, le douze juin mil neuf cent quatre-vingt-cinq.

Arna dhéanamh i Maidrid, an dóú lá déag de Mheitheamh, míle naoi gcéad ochtó a cúig.

Fatto a Madrid, addì dodici giugno millenovecentottantacinque.

Gedaan te Madrid, de twaalfde juni negentienhonderd vijfentachtig.

Feito em Madrid, ao doze de Junho de mil novecentos e oitenta e cinco.

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Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne Slutakt.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.

Σε πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα συνθήκη.

In witness whereof the undersigned Plenipotentiaries have signed this Final Act.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben la presente Acta final.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.

Dá fhianú sin, chuir na Lánchumhachtaigh thíossínithe a lámh leis an Ionstraim Chríochrait-heach seo.

En fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente atto finale.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.

Em fé do que os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final da presente Acta final.

Udfærdiget i Lissabon, den tolvte juni nitten hundrede og femogfirs.

Geschehen zu Lissabon am zwölften Juni neunzehnhundertfünfundachtzig.

Έγινε στη Λισσαβώνα, στις δώδεκα Ιουνίου χίλια εννιακόσια ογδόντα πέντε.

Done at Lisbon on the twelfth day of June in the year one thousand nine hundred and eighty-five.

Hecho en Lisboa, el doce de junio de mil novecientos ochenta y cinco.

Fait à Lisbonne, le douze juin mil neuf cent quatre-vingt-cinq.

Arna dhéanamh i Liospóin, an dóú lá déag de Mheitheamh, míle naoi gcéad ochtó a cúig.

Fatto a Lisbona, addì dodici giugno millenovecentottantacinque.

Gedaan te Lissabon, de twaalfde juni negentienhonderd vijfentachtig.

Feito em Lisboa, aos doze de Junho de mil novecentos e oitenta e cinco.

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Joint declaration of intent

on the development and intensification of relations with the countries of Latin America

The Community:

confirms the importance which it attaches to its traditional links with the countries of Latin America and to the close cooperation which it has developed with those countries,

recalls in that context the recent ministerial meeting at San-José in Costa Rica,

on the occasion of the accession of Spain and Portugal, reaffirms its resolve to extend and strengthen its economic, commercial and cooperation relations with those countries,

is determined to step up its activities to exploit all possible ways of achieving this goal, thus contributing, in particular, to the economic and social development of the Latin-American region, and to efforts aimed at the regional integration thereof,

will endeavour, more specifically, to give concrete form to ways of strengthening the present links, of developing, extending and diversifying trade as far as possible and of implementing cooperation in the various fields of mutual interest on as wide a basis as possible, using the appropriate instruments and framework to increase the efficiency of the various forms of cooperation,

is prepared in this context, in order to promote trade flows, to examine any problems which might arise in the field of trade with a view to finding appropriate solutions, taking into account, in particular, the scope of the generalized system of tariff preferences and the application of the economic cooperation agreements concluded or to be concluded with certain Latin-American countries or groups of countries.


Joint declaration

concerning the economic and social development of the autonomous regions of the Azores and Madeira

The High Contracting Parties recall that the fundamental objectives of the European Economic Community comprise the constant improvement of living and working conditions of the peoples of the Member States and the harmonious development of their economies by reducing the variation between the different regions and the backwardness of the less-favoured regions.

They note the fact that the Government of the Portuguese Republic and the authorities of the autonomous regions of the Azores and Madeira are pursuing an economic and social development policy the object of which is to overcome the handicaps of these regions, which arise from their geographical situation, far away from the mainland of Europe, their physical geographical features, the serious deficiency of infrastructures and their economic backwardness.

They recognize that it is in their common interest that the final objectives set by this policy be attained and recall that specific provisions concerning the autonomous regions of the Azores and Madeira have been adopted in the instruments of accession.

The High Contracting Parties agree to recommend to this end that the Community institutions devote special attention to the realization of the above objectives.


Joint declaration

on the free movement of workers

The enlargement of the Community could give rise to certain difficulties for the social situation in one or more Member States as regards the application of the provisions relating to the free movement of workers.

The Member States declare that they reserve the right, should difficulties of that nature arise, to bring the matter before the institutions of the Community in order to obtain a solution to this problem in accordance with the Treaties establishing the European Communities and the provisions adopted in application thereof.


Joint declaration

relating to workers from the present Member States established in Spain or Portugal and to Spanish or Portuguese workers established in the Community and members of their families

1.

The present Member States and the new Member States undertake not to apply to nationals of the other Member States who reside or work, in accordance with regulations, on their territory, any new restrictive measure that they may adopt after the date of signature of this Act in the field of the residence and employment of aliens.

2.

The present Member States and the new Member States undertake not to introduce in their rules, after the signature of this Act, new restrictions with regard to the taking up of employment by members of families of those workers.


Joint declaration

on the elimination of monopolies existing in the new Member States in the sphere of agriculture

1.

Subject to the provisions as to derogation provided for under the Act of Accession, the new Member States shall take all adequate measures with a view to abolishing national monopolies concerning the production and marketing of agricultural products:

on 1 March 1986, as far as the Kingdom of Spain is concerned,

on 1 March 1986, for products subject to classic transition, and at the beginning of the second stage for products subject to transition in stages, as far as the Portuguese Republic is concerned.

2.

However, as far as alcohol is concerned, the new Member States shall adjust their national monopoly in accordance with Articles 48 and 208 of the Act of Accession and with the case law of the Court of Justice.


Joint declaration

on the adjustment of the ‘acquis communautaire’ in the vegetable oils and fats sector

Discussions on the adjustment of this ‘acquis’ to the new situation of the Community as enlarged will be embarked upon as quickly as possible after accession.

These discussions will take place on the basis of Commission proposals which will also take account of guidelines accepted by the Council in October 1983 with regard to olive oil and the development of the market in oils and fats. Should the existence of surpluses for olive oil or a genuine risk of the build-up of surpluses be ascertained, guarantee thresholds will be applied under the conditions indicated in the conclusions reached by the Council at its meeting in March 1984, within the framework of the guidelines to be followed for the organization of the market in products which are witnessing or are likely to witness surplus production or a rapid increase in expenditure. These measures will take account of the repercussions of trade concessions in favour of third countries.


Joint declaration

on the arrangements applicable to trade in agricultural products between the Kingdom of Spain and the Portuguese Republic

In their mutual trade in agricultural products, each of the new Member States shall apply in principle with respect to the other the provisions and transitional mechanisms provided for in the Act of Accession under the arrangements applicable to their respective trade with the Community as at present constituted. The introduction of these arrangements shall be made whilst taking into account the existence of a classic transition and a transition by stages in the context of the transitional measures laid down for Portugal, on the one hand, and the existence of a verification of convergence phase in the fruit and vegetable sector under the transitional measures provided for Spain, on the other.

However, with regard to the following sectors:

cereals and rice,

products of first-stage processing in the cereals and rice sector,

wine,

tomato-based processed products,

the arrangements applicable to trade between the new Member States will be adopted in accordance with the guidelines agreed within the Conference.


Joint declaration

on imports from third countries of products subject to the STM

To the extent that the deterioration of the Community market or that of one of its regions is also due to imports from third countries, measures shall only be taken with respect to those imports within the framework and under the conditions of mechanisms already provided for by the common organizations of the market and in compliance with the provisions referring to the international commitments of the Community.


Joint declaration

on the application of the regulatory amount to table wines

For the purposes of applying Article 123 (2) (a) and Article 338 (2) (a) of the Act of Accession, the adjustment of the regulatory amount intended to take account of the situation of market prices shall be carried out by taking into consideration the specific prices of certain types of product on the basis of their quality and their vatting, bottling and labelling, which should lead to a reduction of the regulatory amount on the basis of the highest price for these types of wine.


Joint declaration

on the STM in the cereals sector

Common wheat shall not be subject to STM when it has been subjected to a denaturing method, determined on a Community basis, guaranteeing that it will not be used for bread-making.


Joint declaration

on Protocol 2 concerning the Canary Islands and Ceuta and Melilla

In the event of difficulties arising concerning the maintenance of traditional trade flows for Canary agricultural products, the Community is prepared to examine, within the context of the adjustment measures referred to in the second subparagraph of Article 25 (4) of the Act of Accession, the possibility of:

altering the tariff quotas between the various products within the overall volume of trade,

substituting, whilst bearing in mind the absorption capacity of the Community market, for certain of the products covered by the tariff quotas other agricultural products originating in the Canary Islands, following the same criteria as those used for fixing the present tariff quotas.

However, the Community recalls that deliveries under the tariff quotas will follow the rate of traditional trade flows, without thereby jeopardizing the possibility of exhausting the quotas.

Moreover the Community does not exclude developments in tariff quotas for fishery products of Canary origin related to the reported development of the local Canary fishing fleet.

For the tariff quotas referred to in Article 3 of Protocol 2, administration ‘by product’ may include groupings of products in relation to the general structure of production and trade of the products concerned with respect to the relevant destinations. These groupings should not lead to a substantial alteration in traditional trade flows between the Canary Islands and Ceuta and Melilla, and, on the one hand, that part of Spain which is included in the customs territory of the Community, and, on the other, the other Member States.


Joint declaration

on Protocol 2

1.

For the application of Article 10 of Protocol 3, the Portuguese Republic shall eliminate, for products originating in the Canary Islands and Ceuta and Melilla, customs duties on imports and charges having equivalent effect under the same conditions and according to the same timetable as those laid down in Article 190 of the Act concerning the conditions of accession.

2.

The application of Articles 88 and 256 of the Act of Accession shall concern all the products falling within Annex II of the EEC Treaty and shall also include any special measures applicable to those products under Protocol 2.


Joint declaration

on Article 9 of Protocol 2

The rules of application which will be adopted by the Council in accordance with Article 9 (1) of Protocol 2 will comply with the details agreed upon during negotiations.


Joint declaration

concerning fisheries relations with third countries

Where the institutions of the Community decide on the appropriate procedures to allow integration of the new Member States into the fisheries agreements entered into by the Community, they shall follow the relevant guidelines agreed during the negotiation conferences.


Joint declaration

concerning protocols to be concluded with certain third countries

In negotiations of the protocols to be concluded with co-contracting third countries referred to in Articles 179, 183, 366 and 370, the Community shall take as its basis for negotiation the provisions which have been agreed in the matter during the Conferences between the European Communities and the new Member States.


Joint declaration

on the inclusion of the peseta and the escudo in ECU

Taking into account the current definition of the ECU and subject to any revision thereof which might appear necessary, in due course, on the basis of the experience acquired in the development of the role of the ECU, the Community and the new Member States note that all the Member States have the right for their currency to be included in the ECU, under a Community procedure.

The decisions to include the peseta and the escudo must take into account the necessity of ensuring a stable development of the functions and uses of the ECU; either of these decisions could be made at the request of the new Member State concerned, after consultation with the Monetary Committee, on the occasion of the first five-year review of the weighting of the currencies within the ECU.


Declaration

by the Government of the Federal Republic of Germany on the application to Berlin of the Decision concerning accession to the European Coal and Steel Community and of the Treaty of Accession to the European Economic Community and to the European Atomic Energy Community

The Government of the Federal Republic of Germany reserves the right to declare, when the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community takes effect and upon depositing its instrument of ratification of the Treaty concerning the accession of those countries to the European Economic Community and to the European Atomic Energy Community, that the Decision of the Council of 11 June 1985 concerning accession to the European Coal and Steel Community and the Treaty referred to above shall equally apply to Land Berlin.


Declaration

by the Government of the Federal Republic of Germany on the definition of the term ‘nationals’

As to the Federal Republic of Germany, the term ‘nationals’, wherever used in the Act of Accession and in the Annexes thereto, is to be understood to refer to ‘Germans as defined in the Basic Law of the Federal Republic of Germany’.


Joint declaration

on the Spanish iron and steel industry

1.

Once the Treaty of Accession is signed, the Commission and the Spanish Government will jointly analyze the following within the framework of the Community iron and steel policy:

the objectives of the restructuring plans already approved by the Spanish Government including the payment of aid after the date of accession, in accordance with criteria similar to those adopted in the Community as set out in the Annex to Protocol 10 Annexed to the Act of Accession,

the viability of those undertakings which are not covered by a restructuring plan which has already been approved.

2.

When drawing up the general steel objectives for 1990, the Commission will carry out with the Kingdom of Spain, in the same way as with the other Member States, the consultations provided for in the Treaty establishing the ECSC.

3.

(a)

Prior to the date of accession, the Commission, in agreement with the Spanish Government and after consulting the Council, will determine the quantities to be delivered by Spanish undertakings onto the rest of the Community market during the first year following the date of accession at a level compatible with the objectives of Spanish restructuring and the forecasts adopted for the development of the Community market.

Whatever the situation, this level may under no circumstances be lower than the yearly average of Community imports of ECSC iron and steel products of Spanish origin in 1976 and 1977.

In the absence of agreement between the Commission and the Spanish Government at the latest one month before the date of accession, the quantities to be delivered by Spanish undertakings during the first three months from the date of accession may not exceed a quarter of the quantities agreed upon between the Commission and the Spanish Government during the last year. The quantities to be delivered after the first three months following the date of accession are to be laid down within the Council in accordance with the procedural rules laid down under point 6 (a) of Protocol 10 Annexed to the Act of Accession.

(b)

The Spanish Government will be responsible for the monitoring mechanism provided for in point 6 (b) of Protocol 10 Annexed to the Act of Accession. It shall inform the Commission of it at the latest three months before the date of accession and will implement it with the Commission's agreement from the date of accession to ensure that the level of quantities to be delivered onto the rest of the Community market from that date is adhered to.

(c)

Should market control measures be in force in the remainder of the Community after the date of accession, the Spanish Government will take part in drawing them up in the same way as the other Member States; the measures adopted vis-à-vis the Kingdom of Spain must be such as to promote the harmonious integration of its iron and steel industry into the whole of the Community. To this end, the measures decided upon vis-á-vis Spain will be based on the same principles as those on which the establishment of the existing rules in the Community will be based.

They will be adopted at the same time and in accordance with the same procedure as those applicable to the rest of the Community.


Joint declaration

on the prices of agricultural products in Spain

1.

The prices of agricultural products in Spain which shall be taken into consideration as reference prices for the application of the rules referred to:

in Article 68 of the Act of Accession with a view to price alignment for those products in respect of which reference is made to that Article in Section II of the Act of Accession,

in Article 135 (1) of the Act of Accession concerning price discipline during the first phase for fruit and vegetables falling within Regulation (EEC) No 1035/72,

shall be the prices recorded in the acts of the Conference.

The prices were adopted, save in special cases, on the basis of the prices of the 1984/85 marketing year.

In addition to the level of those prices, the acts of the Conference also include, for each product in question, the detailed rules for price alignment and for the method of price compensation applicable respectively as from:

1 March 1986, for products other than fruit and vegetables falling within Regulation (EEC) No 1035/72,

the beginning of the second phase, for fruit and vegetables falling within Regulation (EEC) No 1035/72.

2.

The prices referred to in paragraph 1 shall, where appropriate, be converted to present worth by 1 March 1986 in accordance with the following rules:

(a)

Should Spanish prices, expressed in ECU, be higher than common prices, Spanish prices expressed in ECU shall be maintained at the levels corresponding to the prices recorded in the acts of the Conference.

With regard more particularly to Spanish prices fixed for the 1985/86 marketing year, if their level expressed in ECU leads to an overrun of the variation existing for the 1984/85 marketing year between Spanish prices and common prices, the prices shall be fixed in future marketing years so that this overrun is totally absorbed during the first seven marketing years following accession as indicated in Article 70 (3) (a) and Article 135 (c) of the Act of Accession.

(b)

Should Spanish prices, expressed in ECU, be lower than common prices, their increase may not lead to the common prices for the products in question being exceeded.

No overrun shall be taken into account for the application of the rules of discipline or alignment referred to in paragraph 1.

3.

For the purposes of the conversion of Spanish prices into ECU, account shall be taken, for the application of the rules for conversion to present worth of the prices referred to in paragraph 2, of the difference existing between the exchange rate recorded at the beginning of the reference marketing year referred to in the acts of the Conference and the rate of conversion obtaining at the time prices are fixed for the following marketing year.

In addition, where the value of the peseta varies by more than 5 % in relation to the value of the ECU between the time prices are fixed and the time they are implemented, account shall be taken of that alteration when the rules for conversion to present worth referred to in paragraph 2 are applied.


Joint declaration

on Spanish quality wines produced in specified regions

Spanish wines which are considered to be quality wines produced in specified regions (psr) within the meaning of Community rules shall be those produced and actually protected and marketed under the designation ‘denominación de origen’.


Joint declaration

on certain transitional measures and certain data of an agricultural nature with regard to Spain

1.

The transitional measures referred to in Article 91 shall be adopted, where the need arises, in accordance with the procedures and guidelines agreed upon within the Conference.

2.

The provisions to be adopted concerning the representative or reference periods referred to in:

Article 68 and in the Articles which refer to that Article,

Articles 93 (1), 98, 118 (1) (second indent), 119 (1), 120 (1), 121 (1) and 122 (1) (third indent),

shall be adopted in accordance with the decisions agreed upon within the Conference.


Joint declaration

on the action programme to be drawn up in the fruit and vegetable sector for the verification of convergence phase with regard to Spain

The action programme to be drawn up in the fruit and vegetable sector, pursuant to Article 134 of the Act of Accession, for the purposes of achieving general objectives during the verification of convergence phase shall be drawn up in close cooperation with the Commission and adopted not later than one month before the date of accession; this action programme shall be published in the ‘C’ series of the Official Journal of the European Communities.


Joint declaration

on the incidence in trade with the other Member States of national aid maintained on a transitional basis by the Kingdom of Spain

If, pursuant to Article 80 of the Act of Accession, the Kingdom of Spain is authorized to maintain a national aid on a transitional and degressive basis, the specific procedures designed to ensure equality of access on the Spanish market will only be defined if the grant of that national aid entails an actual modification on the Spanish market of the conditions of competition between domestic products and products imported from the other Member States.


Joint declaration

on the application in Spain of Community socio-structural measures in the wine sector and provisions enabling the origin to be determined and the commercial movements of Spanish wines to be followed

I.   STRUCTURAL MEASURES IN THE WINE SECTOR

The following guidelines shall be adopted with regard to the application to Spain of structural measures in the wine sector:

(a)

The socio-structural measures which shall apply upon accession in Spain shall be the general measures laid down by Regulation (EEC) No 777/85 and (EEC) No 458/80.

(b)

The arrangements of Regulation (EEC) No 777/85 shall be applied in Spain using the following procedures:

taking into account the soil characteristics of Spanish vineyards and the present division in Spain between areas suitable for yielding table wine and in order to ensure a maximum of effectiveness to the measure of definitive abandonment, the areas classified under category 1 in Spain shall be considered as directly included in the application of the abandonment system,

the definitive abandonment premiums applicable in Spain shall be adjusted, in relation to the premiums applicable in the Community as at present constituted, in order to take into account the specific conditions of that sector in Spain, without however jeopardizing efforts aimed at encouraging definitive abandonment in order to stabilize the market. The level of the premium applicable in Spain may not however exceed the Community level.

The estimated cost currently entered in Article 10 of that Regulation should in consequence be adjusted.

(c)

Regulation (EEC) No 458/80, which makes provision for the payment of aid to restructuring carried out under a collective project, will be applied to Spain under the same conditions as those laid down for the present Member States.

The estimated cost currently appearing in Article 9 of that Regulation should in consequence be adjusted.

II.   PROVISIONS ENABLING THE ORIGIN TO BE DETERMINED AND THE COMMERCIAL MOVEMENTS OF SPANISH WINES TO BE FOLLOWED

For the application of Article 125 of the Act of Accession on provisions enabling the origin of Spanish red table wines to be determined and their commercial movements to be followed in intra-Community trade, the control will be carried out by means of the accompanying document established by Regulation (EEC) No 1153/75.

III

The different specific procedures, to be defined on the basis of the guidelines adumbrated above, will be determined during the interim period.


Joint declaration

on future trade arrangements with Andorra

An arrangement governing trade relations between the Community and Andorra will be finalized within a period of two years of the date of entry into force of the Act of Accession and will be intended to replace the national arrangements at present in force. These national arrangements will continue to be applied until the abovementioned arrangement comes into force.


Joint declaration

on access to the Portuguese oil market

The Portuguese authorities may make access to the Portuguese oil market by undertakings from Member States subject to those undertakings satisfying objective and non-discriminatory criteria aimed at upholding the legitimate interest of the Portuguese State with regard to the national availability of supply of petroleum products. These criteria, which must be limited to what is necessary for the purposes of the abovementioned aim, concern:

the undertakings having at their disposal adequate financial and technical means (e.g. storage),

the drawing up and observance of three-year plans providing for the cover of the majority of their supplies by medium-term contracts which may be concluded either with Portuguese refineries or refineries of other Member States.


Joint declaration

on the Portuguese iron and steel industry

1.

Once the Treaty of Accession is signed, the Commission and the Portuguese Government will jointly analyze, within the framework of the Community iron and steel policy, the objectives of the restructuring plan approved by the Portuguese Government including the payment of aid after the date of accession, in accordance with criteria similar to those adopted in the Community as set out in the Annex to Protocol 20 Annexed to the Act of Accession.

2.

When drawing up the General Steel Objectives for 1990, the Commission will carry out, with the Portuguese Republic in the same way as with the other Member States, the consultations provided for in the Treaty establishing the ECSC.

3.

(a)

Prior to the date of accession, the Commission, in agreement with the Portuguese Government and after consulting the Council will determine the quantities to be delivered by the Portuguese iron and steel industry onto the rest of the Community market during the first year following the date of accession at a level compatible with the objectives of Portuguese restructuring and the forecasts adopted for the development of the Community market.

Whatever the situation, this level may under no circumstances be lower than 80 000 tonnes.

In the absence of agreement between the Commission and the Portuguese Government at the latest one month before the date of accession, the quantities to be delivered by the Portuguese iron and steel industry during the first three months from the date of accession may not exceed 20 000 tonnes. The quantities to be delivered after the first three months following the date of accession are to be laid down in accordance with the procedural rules laid down under point 5 (a) of Protocol 20 Annexed to the Act of Accession.

(b)

The Portuguese Government will be responsible for the monitoring mechanism provided for in point 5 (b) of Protocol 20 Annexed to the Act of Accession. It shall inform the Commission of it at the latest three months before the date of accession and will implement it with the Commission's agreement from the date of accession to ensure that the level of quantities to be delivered onto the rest of the Community market from that date is adhered to.

(c)

Should market control measures be in force in the remainder of the Community after the date of accession, the Portuguese Government will take part in drawing them up in the same way as the other Member States; the measures adopted vis-à-vis the Portuguese Republic must be such as to promote the harmonious integration of the Portuguese iron and steel industry into the whole of the Community. To this end, the measures decided upon vis-à-vis Portugal will be based on the same principles as those on which the establishment of the existing rules in the Community will be based.

They will be adopted at the same time and in accordance with the same procedure as those applicable to the rest of the Community.


Joint declaration

concerning the First Council Directive of 12 December 1977 on the coordination of the laws, regulations, and administrative provisions relating to the taking up and pursuit of the business of credit institutions

Pursuant to Article 2 (3) of Council Directive 77/780/EEC of 12 December 1977, the Council shall take a decision, at the latest at the end of a period of seven years following accession, on the inclusion in the list referred to in paragraph 2 of the said Article, of the following institutions in Portugal under the conditions laid down below:

(a)

the ‘Caixa Geral de Depósitos’, as regards on the one hand its operations for the administration of the social security of state officials, and on the other hand, its operations as a State credit institution with respect to the following transactions:

the receipt and management of compulsory deposits,

Treasury financing on more favourable conditions than those of the market,

financing which is integrated into regional policy or into national housing policy and enjoys interest-rate subsidy or other special conditions as compared with those practised by credit institutions as a whole;

(b)

the ‘Crédito Predial Português’, as regards its operations relating to financing integrated into regional policy or into national housing policy and enjoying interest-rate subsidy or other special conditions as compared with those practised by credit institutions as a whole.

The decision taken shall be subject to the condition that, before the expiry of a period of seven years from the date of accession, the rules of the institutions referred to in (a) and (b) above have been amended in such a way as to establish separate management between the operations listed above, which would be excluded from the application of Directive 77/780/EEC, and the other operations of the said institutions to which that Directive will have to apply.


Joint declaration

on the prices of agricultural products in Portugal

1.

The prices of agricultural products which shall be taken into consideration as reference prices for the application of the rules referred to:

in Article 236 of the Act of Accession with a view to price alignment for products subject to classic transition,

in Article 265 (1) of the Act of Accession concerning price discipline during the first stage for products subject to transition by stages,

shall be the price recorded in the acts of the Conference. Those prices were adopted, save in special cases, on the basis of the 1984/85 marketing year, and converted into ECU at the exchange rate obtaining at the beginning of the marketing year in question.

In addition to the level of those prices, the acts of the Conference also contain, for each product concerned, the detailed rules on price alignment and the detailed rules for the method of price compensation applicable respectively from:

1 March 1986 for the products subject to classic transition,

the beginning of the second stage for products subject to transition by stages.

2.

Should the Portuguese prices referred to in paragraph 1, expressed in ECU, be higher than the common prices, the Portuguese prices expressed in ECU shall be maintained at a level corresponding to the prices recorded in the acts of the Conference.

With regard more particularly to the Portuguese prices fixed for the 1985/86 marketing year, if their level expressed in ECU pursuant to the second paragraph of Article 236 of the Act of Accession leads to an overrun of the variation for the 1984/85 marketing year between the Portuguese prices and the common prices, prices shall be fixed in ensuing marketing years so that any such overrun is totally absorbed at the beginning of the fifth marketing year following accession as indicated in Article 238 (3) (a) and during the seven first marketing years following accession as indicated in Article 265 (1) (c) of the Act of Accession respectively.

3.

For the prices referred to in paragraph 2, any drop in common prices occurring before accession shall not be taken into consideration for the application of price disciplines.

4.

Should the Portuguese prices referred to in paragraph 1, expressed in ECU, be lower than the common prices, their increase may not lead to an overrun of the common prices for the products in question.

The rate to be used for the conversion of the Portuguese prices in question into ECU shall be, for the products subject to classic transition, the rate used in the context of the functioning of the market organizations.

For the products subject to transition by stages, the rate to be used shall be that referred to in the last subparagraph of Article 265 (1) (a).

No overrun shall be taken into account for the application of the rules relating to discipline or alignment referred to in paragraph 1.

Where the prices referred to in paragraph 1 have not yet been fixed for the 1985/86 marketing year, the rules relating to discipline for the first stage shall apply to all the products in question during the interim period.

With regard to the products subject to classic transition, for the purposes of converting Portuguese prices into ECU, account will be taken, when they are converted to present worth during the interim period, of the difference between the conversion rate recorded at the beginning of the reference marketing year referred to in the acts of the Conference and the conversion rate obtaining at the time prices are fixed for the ensuing marketing year.

In addition, should the value of the escudo vary in relation to the value of the ECU between the time that the common prices are fixed and that of the implementation of the prices in Portugal, account will be taken of that alteration when applying the rules for conversion to present worth referred to above.

With regard to the products subject to transition by stages, for the purposes of converting Portuguese prices into ECU, the rule laid down in the last subparagraph of Article 265 (1) (a) shall apply.


Joint declaration

on the action programme to be drawn up for the products subject to transition by stages for the first stage of transition (Portugal)

The action programme to be drawn up for the products subject to transition by stages pursuant to Article 264 (2) (a) of the Act of Accession for the purposes of achieving specific objectives during the first stage of transition shall be drawn up in close cooperation with the Commission and adopted at the latest one month before the date of accession; this action programme shall be published in the ‘C’ series of the Official Journal of the European Communities.


Joint declaration

on certain transitional measures and certain data in the sphere of agriculture (Portugal)

1.

The transitional measures referred to in Article 258 of the Act of Accession shall be adopted, where the need arises, in accordance with the procedures and guidelines agreed upon within the Conference.

2.

The provisions concerning the representative or reference periods referred to in:

Article 236 and in the Articles which refer to that Article,

Articles 291 (1) 304 (1) (second indent), 305 (1), 306 (1) and 307 (1),

shall be adopted in accordance with the decisions agreed within the Conference.


Joint declaration

on wine in Portugal

Before the end of the second stage:

1.

with regard to the arrangements applicable to vines temporarily authorized in Portugal and referred to in Article 340, the Commission shall examine the situation taking into account the results obtained. The Council acting by a qualified majority on a proposal from the Commission, shall, where appropriate, adopt the necessary measures;

2.

with regard to wines produced in the ‘vinho verde’ region and referred to in Article 341, the Council acting by a qualified majority on a proposal from the Commission shall adopt the arrangements applicable to those wines.


Joint declaration

on supplies to the sugar refining industry in Portugal

Within the context of measures connected with decisions on agricultural prices, the Council of the European Communities has adopted, on 23 May 1985, provisions making it possible to take appropriate measures with a view to equalizing the prices of raw cane sugar originating in the French overseas departments and of unrefined beet sugar intended for refining. These measures will enable Portuguese refineries to be supplied with the sugar in question under price conditions similar to those for preferential sugars.


Joint declaration

concerning the introduction of the common system of value added tax in Portugal

Throughout the period of application of the temporary derogation enabling the Portuguese Republic to postpone the introduction of the common system of value added tax, the Portuguese Republic shall be treated as a third country for the purposes of applying the Directives referred to in point II ‘Taxation’ of Annex XXXVI.


Declaration by the European Economic Community

on Spanish and Portuguese workers taking up paid employment in the present Member States

Under the transitional provisions on the exercise of the right of freedom of movement, the present Member States shall, when they have recourse, in order to satisfy their labour requirements, to labour originating in third countries which does not form part of their regular labour market, grant Spanish and Portuguese nationals the same priority as that enjoyed by nationals of the other Member States.


Declaration by the European Economic Community

on the participation of Spain and Portugal in the resources available under the European Social Fund

With a view to ensuring that Portugal and the region of Spain which may be eligible for the increased intervention rate are treated according to the same principles as the regions concerned of the present Community as from accession, the Community shall, before accession, make a start on adapting the relevant provisions of the rules governing the European Social Fund pursuant to the procedure applicable for their adoption.


Declaration by the European Economic Community

on the participation of Spain and Portugal in the benefits derived from the resources of the European Regional Development Fund

In order to ensure that Spain and Portugal participate in the benefits derived from the resources of the European Regional Development Fund as from accession, the Community will, before accession, adapt the provisions of Council Regulation (EEC) No 1787/84 of 19 June 1984 on the European Regional Development Fund, which fix the upper and lower limits of the range allocated to each Member State.


Declaration by the European Economic Community

on supplies to the sugar refining industry in Portugal

The Community is prepared to pay particular attention to the supply situation of Portuguese refineries in future reviews of the common organization of the market in that sector.

In addition, the Community is prepared to carry out, before the end of the transitional period, an overall examination of the supply situation of the refining industry in the Community and in particular of the Portuguese industry, on the basis of a report from the Commission accompanied if necessary by proposals permitting the Council to decide, if need be, on the measures to be taken.


Declaration by the European Economic Community

on Community aid for monitoring and supervising the waters

The Community confirms Community support for monitoring and supervising waters falling under the sovereignty or within the jurisdiction of Portugal, may be envisaged.


Declaration by the European Economic Community

on the adaptation and modernization of the Portuguese economy

The accession of the Portuguese Republic to the European Communities affords the prospect of modernizing its economy and increasing its growth potential.

To that end, a specific agricultural development programme previously defined in Article 263 and Protocol 24 shall apply immediately upon accession and shall be phased over a total of 10 years.

A similar effort is called for in the industrial field, in order to modernize the production sector and to adapt it to European and international economic realities. The Community is prepared, in the same spirit as for agriculture, to aid Portuguese undertakings, by letting them benefit from its technical support and its credit instruments — both NCI and private operations — and by increased contributions from the European Investment Bank.


Declaration by the European Economic Community

on the application of the Community loan mechanism in favour of Portugal

Within the framework of the Community loan mechanism designed to support balances of payments of Member States (in accordance with the provisions of Council Regulation (EEC) No 682/81 of 16 March 1981 as amended by Council Regulation (EEC) No 1131/85 of 30 April 1985) a sum of 1 000 million ECU will be granted to the Portuguese Republic in the form of a loan over the years 1986 to 1991. For the annual division of this total amount, a special effort will be made in 1986 and in 1991.


Declaration by the European Economic Community

on the application of the regulatory amount

The Community takes note that application of the regulatory amount arrangements should not affect traditional trade patterns.


Declaration by the Kingdom of Spain: CECAF

The Kingdom of Spain considers that any reference to the zone covered by the Fishery Committee for the Eastern Central Atlantic (CECAF) must extend without prejudice to the rights of the Kingdom of Spain to the effects of demarcation of Spanish waters.


Declaration by the Kingdom of Spain

on Latin America

In order to avoid sudden disturbances in its imports originating in Latin America, Spain has highlighted in the negotiations the problems which arise from the application of the ‘acquis communautaire’ to certain products. Partial and temporary solutions have been adopted for tobacco, cocoa and coffee.

Spain, in accordance with the principles and criteria set out in the Joint declaration adopted by the Conference on Latin America, proposes finding permanent solutions in the context of the generalized system preferences, when next revised, or of other mechanisms existing within the Community.


Declaration by the Kingdom of Spain

on Euratom

The Kingdom of Spain, not having acceded to the Treaty on the non-proliferation of nuclear weapons, undertakes to seek actively and as rapidly as possible in close cooperation with the Commission and the Council, the most appropriate solution calculated, whilst taking into account the Community's international commitments, to observe fully the obligations flowing from the Treaty establishing the European Atomic Energy Community, in particular with respect to nuclear supplies and to the movement of nuclear materials within the Community.


Declaration by the Portuguese Republic

concerning the compensatory indemnities referred to in Article 358

In adopting the provisions contained in Article 358, concerning the compensatory indemnity arrangements for sardine producers of the Community as at present constituted, the Portuguese delegation keeps open for itself the option of asking the Council to adopt the appropriate measures which might prove necessary to remedy any disturbances in the conditions of competition injurious to the sardine canning industry in Portugal.

The delegation takes the view, furthermore, that the measures likely to be taken following the period of the move towards the alignment of prices are not likely to be of a discriminatory nature.


Declaration by the Portuguese Republic: CECAF

The Portuguese Republic considers that any reference to the zone covered by the Fishery Committee for the Eastern Central Atlantic (CECAF) must extend without prejudice to the rights of the Portuguese Republic to the effects of demarcation of Portuguese waters.


Declaration by the Portuguese Republic

on monetary questions

In order that the movement of the real rate of the Portuguese escudo, particularly in relation to the ECU and to the currencies of the other Member States, may be followed on foreign exchange markets, the Portuguese Republic will, before accession to the Community, take the necessary measures to ensure that the foreign exchange market in Lisbon operates in a comparable fashion to that in the present Member States of the Community.


Information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

I

1.

In order to ensure that the Kingdom of Spain and the Portuguese Republic, hereinafter referred to as the ‘acceding States’, are kept adequately informed, any proposal or communication from the Commission of the European Communities which might lead to decisions by the Council of these Communities shall be brought to the knowledge of the acceding States after being transmitted to the Council.

2.

Consultations shall take place pursuant to a reasoned request by an acceding State, which shall set out expressly therein its interests as a future member of the Communities and its observations.

3.

Administrative decisions shall not, as a general rule, give rise to consultations.

4.

Consultations shall take place within an Interim Committee composed of representatives of the Communities and of the acceding States.

5.

On the Community side, the members of the Interim Committee shall be the members of the Permanent Representatives Committee or persons designated by them for this purpose. The Commission shall be invited to be represented in this work.

6.

The Interim Committee shall be assisted by a Secretariat which shall be that of the Conference, continued for this purpose.

7.

Consultations shall normally take place as soon as the preparatory work carried out at Community level with a view to the adoption of decisions by the Council has produced common guidelines enabling such consultations to be usefully arranged.

8.

If serious difficulties remain after consultations, the matter may be raised at ministerial level at the request of an acceding State.

9.

The above provisions shall apply mutatis mutandis to the decisions of the Board of Governors of the European Investment Bank.

10.

The procedure laid down in the above paragraphs shall also apply to any decision to be taken by the acceding States which might affect the commitments resulting from their position as future members of the Communities.

II

The Kingdom of Spain and the Portuguese Republic shall take the necessary measures to ensure that their accession to the agreements or conventions referred to in Articles 3 (2) and 4 (2) of the Act concerning the conditions of accession and the adjustments to the Treaties coincides so far as possible, and under the conditions laid down in that Act, with the entry into force of the Treaty of Accession.

In so far as the agreements or conventions between the Member States, referred to in the second sentence of Article 3 (1) and in Article 3 (2), exist only in draft, have not yet been signed, and probably can no longer be signed in the period before accession, the acceding States will be invited to be associated, after the signature of the Treaty of Accession and in accordance with appropriate procedures, with the preparation of those drafts in a positive spirit and in such manner as to facilitate their conclusion.

III

With regard to the negotiation of the Protocols of transition and of adjustment with the co-contracting countries referred to in Articles 179 and 366 of the Act concerning the conditions of accession, the representatives of the acceding States shall be associated with the work as observers, side by side with the representatives of the present Member States.

Certain non-preferential agreements concluded by the Community, which remain in force after 1 January 1986, may be the subject of adaptations or adjustments in order to take account of the enlargement of the Community. These adaptations or adjustments will be negotiated by the Community in association with the representatives of the acceding States in accordance with the procedure referred to in the preceding paragraph.

IV

The consultations between the acceding States and the Commission provided for in Articles 61 (2) and 223 (2) of the Act concerning the conditions of accession and the adjustments to the Treaties shall take place before accession.

V

The acceding States undertake that the granting of the licences referred to in Article 2 of Protocols 13 and 22 on the exchange of information in the field of nuclear energy shall not be deliberately accelerated before accession with a view to reducing the scope of the commitments contained in these Protocols.

VI

The institutions of the Community shall, in due course, draw up the texts referred to in Article 397 of the Act concerning the conditions of accession and the adjustments to the Treaties.


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