COUNCIL DIRECTIVE of 17 September 1990 on interim measures applicable after the unification of Germany in anticipation of the adoption of transitional measures by the Council in cooperation with the European Parliament (90/476/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66, 100a and 118a thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament (1),
Whereas the Economic and Social Committee, having been consulted on the Commission proposal, has failed to issue its opinion within the time limit set by the Council in accordance with Article 198 of the Treaty; whereas it is necessary to proceed, notwithstanding the absence of an opinion from that Committee;
Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic;
Whereas, to take account of the special situation obtaining in that territory, provision must be made for transitional measures for the implementation of a number of Community acts;
Whereas, in its communication of 21 August 1990, the Commission submitted a number of proposals for Directives to be adopted by the Council in cooperation with the European Parliament, which must be closely associated at all times in the decision-making process envisaged during the
phase prior to the definitive entry into force of the interim measures;
Whereas the Council will not be able to adopt those acts before the date of unification; whereas, taking account of the exceptional nature of the situation, interim measures must be introduced;
Whereas no such interim measures should pre-empt modifications to the proposals for Directives during their consideration and final adoption,
HAD ADOPTED THIS DIRECTIVE:
Article 1
As the Council was unable to act before the date of German unification on the transitional measures for the application to the territory of the former German Democratic Republic of Community Directives as provided for in the Commission proposals submitted to the Council by the communication of 21 August 1990 and as set out in the Annex to this Directive, interim measures shall apply by way of derogation from the Directives covered by those proposals, subject to the limits and conditions laid down in this Directive.
Article 2
1. The Commission may authorize the Federal Republic of Germany to maintain provisionally in force, legislation applicable in the territory of the former German Democratic Republic which does not comply with a Community act as referred to in Article 1.
Such legislation maintained in force must not go beyond the limits of the Commission proposals in the Annex.
2. This authorization, which is the result of exceptional circumstances and may not be subsequently cited as a precedent, shall remain in force until the date on which the Council takes a final decision on the Commission proposals referred to in Article 1 or, where appropriate, until the date on which the transitional measure in question enters into force and no later than 31 December 1990.
After this time limit, should the Council have failed to adopt the requisite transitional measures, Community law shall apply in full.
3. The Federal Republic of Germany shall notify the Commission forthwith of any use made of this authorization. The Commission shall in turn forthwith notify the European Parliament, the Council and the Economic and Social Committee.
The European Parliament may invite the Commission to give further information on the scope of this authorization, so that it can give its views either on the specific use made of it
or any related measures that may need to be taken at Community level.
Article 3
1. The Commission and the Federal Republic of Germany shall consult each other on the measures to be taken to ensure that no difficulties arise from the fact that legislation maintained in force under this Directive does not comply with Community law.
The Commission shall forthwith inform the European Parliament and the Council of the outcome of such consultations.
2. Any Member State may refer any difficulties to the Commission. The Commission shall, as a matter of urgency, examine the question and submit its conclusions, possibly accompanied by appropriate measures.
3. Measures to be taken at Community level on the basis of paragraphs 1 and 2 may not go beyond the limits of the Commission proposals listed in the Annex. They shall be adopted in accordance with the procedure laid down in Article 4.
Article 4
1. The measures provided for in Article 3 and any other necessary implementing arrangements shall be adopted in accordance with the following procedure.
The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on
a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall be immediately applicable. However, if they are not in accordance with the opinion of the committee, the Commission shall forthwith communicate the measures to the Council.
In that event, the Commission may delay application of the measures it has decided by up to one month from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the period laid down in the preceding subparagraph.
2. The measures provided for in paragraph 1 may not be decided after the date referred to in Article 2 (2). They shall not apply beyond that date.
Article 5
The Commission shall present to the European Parliament and to the Council, before the European Parliament
states its views on the transitional measures, a further communication:
- listing the legislative and administrative measures already taken in respect of the territory of the former German Democratic Republic by the Community and by the competent German authorities:
(a) to verify and enforce the application of Community law; and
(b)
to assure the full receipt of the Community's own resources and the proper management of Community expenditure,
- describing the further legislative and administrative measures which it considers necessary to achieve the above objectives, and
- proposing, where appropriate, the texts of further legislative measures where they are Community measures.
Article 6
1. The measures provided for in Articles 2 (1), 3 (2) and
4 (1) may be taken from the date of notification of this Directive (1).
2. Measures adopted pursuant to Articles 2 (1), 3 (2) and 4 (1) shall be published immediately in the Official Journal of the European Communities.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 September 1990.