31.12. 85 Official Journal of the European Communities No L 367/23 COUNCIL REGULATION (EEC) No 3797/85 of 20 December 1985 laying down detailed rules concerning quantitative restrictions on imports into Portugal from third countries of certain agricultural products subject to the system of transition by stages THE COUNCIL OF THE EUROPEAN COMMUNITIES. Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, hereinafter referred to as ‘Act’ and in particular Article 258 (3) thereof, Having regard to the proposal from the Commission, Whereas Article 280 of the Act stipulates that Portugal may maintain, until 31 December 1995, quantitative restrictions on imporis from third countries of the products referred to in Annex XXVIto the Act; whereas the Council must determine detailed rules for thc application of such quantitative restrictions; Whereas Portugal may maintain, until the end of the first stage, quantitative restrictions on imports from the Community as constituted on 31 December 1985 for the same products; Whereas the quantitative restrictions must not have the effect that the Community products are treated less favourably than products from third countries; Whereas this Regulation is intended to apply to third countries as a whole, and without prejudice to the protocols to be concluded with the preferential third countries in accordarice with Article 366 of the Act or to the transitional measures referred to in Article 367 thereof; whereas it should nevertheless be specified that the quantities or values of the quantitative restrictions fixed in compliance with these Articles will be included in those fixed for third countries as a whole pursuant to this Regulation; VWhereas pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal the institutions of the Community may adopt before accession the measures referred to in Article 258 of the Act, HAS ADOPTED THIS REGULATION: Article 1 1.  The quantitative restrictions on imports into Portugal from third countries of the products referred to in Annex XXVI of the Act shall consist of annual quotas made available without discrimination to economic operators. 2. The original quota for 1986 for each product, expressed, as appropriate, in volume or, in exceptional cases, in ECU, shall be fixed: — either at a precentage of annual average Portuguese production in the three years preceding accession for which statistics are available; the percentage for each product being fixed in Annex I to this Regulation, — or at the average of Portuguese imports in the three years preceding accession for which statistics are available, where the latter criterion yields the higher volume or amount. However, in respect of the products referred to in Annex Il to this Regulation, — the first indent of the first subparagraph shall not apply; — where the effect of the second indent of the first subparagraph would be the establishment of an original quota of zero, this quota shall be at least 10% of the original quota fixed for the same products from the Community as constituted on 31 December 1985. 3. The minimum rate of increase in the quotas shall be fixed, in accordance with the procedure laid down in Article 3 (1), at least in respect of each ycar of the second stage. The minimum rate of increase may vary, in particular according to product. The minimum rate of increase shall be fixed taking into account: — the patterns of trade, — the state of bilateral or multilateral negotiations. 4.  For the period 1 March to 31 December 1986, the quota applicable shall be the same as the original quota minus one sixth thereof. However, where quantitative restrictions do not apply throughout a calendar year, special provisions for the possible reduction of the original quota shall be adopted in accordance with the procedure laid down in Article 3 (1). S.  With regard to the preferential countries, where the protocols referred to in Article 366 of the Act or, failing these, autonomous measures adopted pursuant to Article 367 thereof, make provision for quantitative restrictions, the