15. 9. 90 Official Journal of the European Communities No C 230/7 
Proposal for a Council Directive 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 
COM(90) 400 final — SYN 297 
(Submitted by the Commission on 22 August 1990) 
(907C 230/05) 
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, 
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 
directives to be adopted by the Council in cooperation 
with the European Parliament; 
Whereas, interim measures should be adopted to cover 
the case that the Council fails to adopt these Directives 
in advance of unification, 
HAS ADOPTED THIS DIRECTrVE: 
Article 1 
Should it prove impossible, in advance of the date of 
German unification, to adopt some or all of the tran­
sitional 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 Directive, 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 Directive. 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 
Directive. 
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 
measure 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 
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 Directive does not comply with 
Community law. 
2. The measures to be taken at Community level must 
conform to a transitional measure provided for in one of 
the Commission proposals listed in the Annex to the 
present Directive. 
Such measures shall be adopted in accordance with the 
procedure laid down in Article 4. 
They may not be adopted after the date referred to in 
Article 2 (2) and shall not apply beyond that date. 
Article 4 
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 representatives of the Member States and 
chaired by the representative of the Commission. 
No C 230/8 Official Journal of the European Communities 15. 9. 90 
If the measures envisaged are not in accordance with the 
opinion of the committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the 
Council a proposal relating to the measures to be taken. 
The Council shall act by a qualified majority. 
If, on expiry of a period of two weeks from the date or 
which the matter is referred to the Council, the Council 
has not acted, the proposed measures shall be adopted by 
the Commission. 
Article 5 
This Directive is addressed to the Member States. 
ANNEX 
List of proposals for Directives setting out the transitional measures or technical adaptations to be adopted 
under the cooperation procedure 
II. INTERNAL MARKET 
Technical rules 
— proposals for transitional measures based on Article 100a 
Recognition of diplomas 
— proposals for transitional measures concerning the recognition of professional qualifications 
VIII. SOCIAL AFFAIRS, EDUCATION AND TRAINING 
Transitional measures in the field of workers' health and safety, based on Article 118a 
IX. ENVIRONMENT 
Measures relating to the protection of the environment in connection with the internal market The representative of the Commission shall submit to the 
committee a draft of 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 the measures envisaged if 
they are in accordance with the opinion of the 
committee.