which it analyses the compliance by the beneficiary Member State with the terms and the
conditions set out in the MoU and in the Council Decision relating to it [Article 3 (1) of
the EFSF Framework-Agreement].
2.6.
On 6 April 2011 the Portuguese Government requested the Commission for financial
assistance. The answer arrived two days later in a joint declaration of the Eurogroup and
Ecofin that made EFSM and EFSF support conditional on the adoption of a ‘financial and
economic adjustment programme’ supported by strict conditionality.XXVIII The negotiation that
followed ended on 13 May 2011 when the Portuguese Government and Portuguese
Central Bank sent to the European Commission, the Eurogroup and the ECB a letter of
intent, with a MoU as an attachment, that included the project of an adjustment program.
On 17 May 2011, the Council granted EU/EFSM financial assistance to Portugal
through the Implementing Decision 344/2011/EU.XXIX On the same day,XXX the
Portuguese Government and the Commission signed a MoU that foresaw the adjustment
program and specified the conditions of the financial support foreseen in the Council
Implementing Decision.XXXI
The request for EFSF financial assistance was sent on 13 May 2011 by the Portuguese
Government to the President of the Eurogroup in an attachment to a letter of intent. The
answer arrived four days later (17 May 2011), when the Ministers for Finance of the
Eurogroup decided to loan Portugal €26 billion (a third of the bailout) through the
EFSF.XXXII As a condition for the bailout it was established that the EFSF loan agreement
with Portugal had to specify that the disbursements there under had to be subject to
compliance with the conditions set forth in the memorandum signed on that same day
between the Commission, the Portuguese Government and the Bank of Portugal.XXXIII This
was the memorandum (the MoU) that detailed the general economic policy conditions as
embedded in Council Implementing Decision 2011/344/EU on granting Union financial
assistance to Portugal, whose signature conditioned access to the EFSM. Thus, no
independent EFSF memorandum was signed in the Portuguese bailout.XXXIV
The implementation of the adjustment programme created an economic recessive
spiral that inevitably led to the impossibility of accomplishing the budgetary targets
included in the MoU. For that reason, after trimestral evaluations of the programme by the
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