15. 9. 90 Official Journal of the European Communities No C 230/9 
Proposal for a Council Regulation on interim measures applicables after the unification of 
Germany, in anticipation of the adoption of transitional measures by the Council after consul­
tation of the European Parliament 
COM(90) 400 final — SYN 297 
(Submitted by the Commission on 22 August 1990) 
(90/C 230/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 28, 42, 
43, 75, 103, 113, 130s and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social 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 these territories, 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 presented a number of proposals for acts to 
be adopted by the Council in consultation with the 
European Parliament; 
Whereas interim measures should be adopted to cover 
the case that the Council fails to adopt these acts in 
advance of unification, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Should it prove impossible, in advance of the date of 
German unification, to adopt some or all of the transi­
tional measures for the application of Community legis­
lation to the territory of the former German Democratic 
Republic as provided for in the proposals presented to 
the Council in the Commission's communication of 21 
August 1990 and annexed to this Regulation, interim 
measures shall apply by way of derogation from the 
Community acts covered by these proposals, subject to 
the limits and conditions laid down in this Regulation. Article 2 
1. The Commission may authorize Germany to 
provisionally keep in force in the territory of the former 
German Democratic Republic legislation which does not 
comply with a Community act as referred to in Article 1. 
The legislation thus kept in force must conform to a 
transitional measure provided for in one of the 
Commission proposals listed in the Annex to the present 
Regulation. 
2. This authorization 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 
measures in question enters into force. 
3. Germany shall notify the Commission without 
delay of the use made of this authorization. The 
Commission in turn shall notify the European 
Parliament, the Council and the Economic and Social 
Committee without delay. 
Article 3 
A decision may be taken in accordance with the 
procedure laid down in Article 5 to supplement or adapt 
Community rules on commercial, agricultural and 
fisheries policy to bring them into line with the authoriz­
ation provided for in Article 2 and to lay down any other 
implementing rules which may be necessary. 
Article 4 
1. The Commission and Germany shall consult each 
other on the measures to be taken to ensure that no 
difficulties arise from the fact that legislation kept in 
force under this Regulation does not comply with 
Community law. 
2. The measures to be taken at Community level must 
conform to a transitional measures provided for in one 
of the Commission proposals listed in the Annex to the 
present Regulation. 
Such measures shall be adopted in accordance with the 
procedure laid down in Article 5 
The may not be adopted after the date referred to in 
Article 2 (2) and shall not apply beyond that date. 
No C 230/10 Official Journal of the European Communities 15. 9. 90 
Article 5 with the German Democratic Republic in the agriculture 
.... .... , and fisheries sector ('). 
1. The implementing rules provided for m Articles 3 
and 4 shall be adopted in accordance with the procedure . 
laid down in Article 4 of Council Directive ... on Article 6 
interim measures applicable after the unification of This Regulation shall enter into force on the day of its 
Germany, in anticipation of the adoption of transitional publication in the Official Journal of the European 
measures by the Council in cooperation with the Communities. 
European Parliament. 
2. However, the implementing rules relating to the This Regulation shall be binding in its entirety and 
markets in agricultural and fisheries products shall be directily applicable in all Member States. 
adopted in accordance with the procedure laid down in 
Article 5 of Council Regulation (EEC) No 2060/90 of 
16 July 1990 on transitional measures concerning trade (') OJ No L 188, 20. 7. 1990, p. 1. 
ANNEX 
List of proposals for transitional measures and technical adaptations to be adopted under the consultation 
procedure 
I. EXTERNAL ASPECTS 
Transitional measures, valid from 1 December 1990 to 31 December 1991, to assist the countries of 
Eastern Europe 
II. INTERNAL MARKET 
Technical rules 
— proposals for transitional measures based on Article 43; 
Consumer protection 
— adjustments to the Community system for the rapid exchange of information on dangers arising form 
the use of consumer products 
III. COMMON AGRICULTURAL POLICY 
— Transitional measures and adjustments required in the agricultural sector 
— Adjustments to the Directives on seds and seedlings and animal feedingstuffs and to veterinary and 
zootechnical legislation 
IV. COMMON FISHERIES POLICY 
— Measures concerning implementation of the common fisheries policy 
V. TRANSPORT 
— Proposal for a regulation relating to transport by road, rail and inland waterway 
VI. ENERGY 
— Introduction of a transitional period for the implementation of certain Community acts. 
IX. ENVIRONMENT 
— Other environmental protection measures