COMMISSION OF THE EUROPEAN COMMUNITIES 
CUl*K90) t>oV rinal î»VN JVÔ to Jit). 
Brussels, 28 November 1990 
GERMAN UNIFICATION 
RE-EXAMINED PROPOSALS BY THE COMMISSION 
FOLLOWING THE EUROPEAN PARLIAMENT'S SECOND READING 
ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC Treaty) 
MODIFIED PROPOSALS BY THE COMMISSION 
FOLLOWING THE AMENDMENTS ADOPTED BY THE EUROPEAN 
PARLIAMENT TO THE TEXTS TO WHICH THE COUNCIL 
HAS GIVEN SYMPATHETIC CONSIDERATION 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
- 1 -
GERMAN UNIFICATION 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
I. Pursuant to Article 149(2) of the EEC Treaty 
RE-EXAMINED PROPOSALS BY THE COMMISSION FOLLOWING THE PARLIAMENT'S 
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL. 
I. Pursuant to Article 149(3) of the EEC Treaty. 
MODIFIED PROPOSALS BY THE COMMISSION FOLLOWING THE AMENDMENTS 
ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXTS TO WHICH THE 
COUNCIL HAS GIVEN SYMPATHETIC CONSIDERATION. 
- 2 -
PRELIMINARY REMARKS 
The Commission submitted on 21 August 1990. its legislative proposals 
for technical adaptations and transitional measures necessary for the 
integration of the former German Democratic Republic Into the European 
Community.1 The Council, the Parliament and the Commission concluded 
on 6 September 1990, an agreement whereby the final Council decision on 
the proposals would be taken only after Parliament had given its view 
on the whole package and the detailed proposals in second reading, thus 
ensuring consideration of Parliament's general and political views on 
the integration of the former GDR into the Community. 
At its 22nd October session the Parliament concluded analysis of the 
package and voted several amendments on 24 October 1990. These 
amendments were considered by the Commission and a number were 
incorporated In the Commission's modified proposal presented to Council 
on 25 October 1990.2 The Council adopted Its common position on 
30 October and sympathetic consideration of the proposals on 7 November 
1990.3 
The Commission's commentary on the common position and the sympathetic 
consideration of Council was transmitted to Parliament on 7 November 
1990.4 
Having considered Parliament's proposals for amendments voted in 
plenary on 21 November 1990s, the Commission is now In a position to 
present Its re-examined proposal and modified proposal. 
During the debate in the plenary session, the Commission made a 
statement on the management of the flexibility clause which It wishes 
to have recorded in the minutes at the final adoption by Council. 
(Annex A). 
1 The Community and German unification (C0M(90) 400 final). 
2 Modified proposal: the Community and German Unification (C0M(90) 
495 final SYN 297 to SYN 302). 
3 Common position of the Council 9532/90. 
Sympathetic consideration of the Council 9533/90, 9533 addendum 1 
and SN 4526. 
4 Commentary by the Commission on the Common Position and the Joint 
Position of the Council concerning measures proposed by the 
Commission regarding German Unification (SEC(90) 2136 final SYN 297 
to 302). 
5 Proceeding of the sitting of 21 November 1990 (PV 42) PE 146.823 
- 3 -
The Commission also made two statements on agriculture and the 
structural funds which it would like to bring to the attention of the 
CounclI. (Annex A). 
In the following commentary part one contains the Commission's re­
examined proposals. The Commission's comments on Parliament's 
amendments to the Council's common position are equally applicable to 
part two, which contains the Commission's modified proposal resulting 
from consideration of Parliament's amendments to the proposals on which 
the Council had expressed Its sympathetic consideration. 
Amendments proposed by Parliament to the Common Position of the 
Council, but not accepted by the Commission can be found at Annex B. 
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I. Pursuant to Article 149(2) of the EEC Treaty. 
RE-EXAMINED PROPOSALS BY THE COMMISSION FOLLOWING THE PARLIAMENT'S 
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL ON: 
t. Harmonization of technical rules SYN 298 
2. Recognition of professional qualifications SYN 299 
3. Structural funds SYN 300 
4. Workers' health and safety SYN 301 
5. Protection of the environment SYN 302 
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1. RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S 
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL 
WITH A VIEW TO THE ADOPTION OF A DIRECTIVE ON TRANSITIONAL MEASURES 
APPLICABLE IN GERMANY IN THE CONTEXT OF THE HARMONIZATION OF 
TECHNICAL RULES. (SYN 298). 
A. The Commission accepts the following amendments voted by Parliament 
at its November session: 
amendment No 68 on the final recital 
amendment No 69 on Article 4(1) and (2) 
amendment No 4 on Article 5, third, fourth and fifth paragraph. 
B. Amendment No 1 to Article 1(1) Is not accepted since the point at 
issue is covered In the fourth recital. 
The Commission cannot accept amendment No 2 on Article 1(3), second 
subparagraph. It notes, however, that this amendment Is redundant since 
it Is covered by the declaration of Vice-President Bangemann In the 
plenary session: 
"In accordance with the arrangements agreed with the Parliament 
concerning the implementing powers of the Commission, the Commission 
undertakes to communicate to the Parliament all draft implementing 
measures, without exception, that are submitted In the framework of the 
"flexibility clauses" set out in the various directives and regulations 
relating to the transitional measures on German unification at the same 
time as they are submitted to the relevant Committees assisting the 
Commission." 
As amendment No 5 relating to a new Article 5a was withdrawn, amendment 
No 3 to Article 2(3) corresponds in Its final version to the Common 
Position of the Council. 
2. RECOGNITION OF PROFESSIONAL QUALIFICATIONS (SYN 299) 
The Commission takes note of Parliament's approval of the Common 
PosItIon. 
3. STRUCTURAL FUNDS (SYN 300) 
The Commission takes note of Parliament's approval of the Common 
Position. 
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4. RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S 
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL 
WITH A VIEW TO THE ADOPTION OF A DIRECTIVE RELATING TO TRANSITIONAL 
MEASURES APPLICABLE iN GERMANY IN THE FIELD OF WORKERS' HEALTH AND 
SAFETY. (SYN 301). 
A. The Commission can accept the substance of amendment No 16 on a new 
Article 2a amending both Article 1 and 2 In such a way as to include 
Parliament in the transmission of the Information and/or reports 
concerned: 
Article 1 
The Commission shall "inform the other Member States and the 
Par Marnent." 
Article 2 
"..other Member States and the Pari lament." 
B. While not accepting the proposed additional recital (amendment 15) 
the Commission considers that the substance of the amendment is covered 
In the Council statement accompanying the Common Position; 
"The Council declares that the integration of the former GDR into the 
Community necessarily involves revising the different headings In the 
financial perspective and entering the corresponding appropriations in 
the 1992 budget. 
The Council notes that the procedures for revising the financial 
perspective are under way. 
The Council expects these procedures to be completed as soon as 
possIbIe." 
5. RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S 
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL 
WITH A VIEW TO THE ADOPTION OF A DIRECTIVE ON THE TRANSITIONAL 
MEASURES APPLICABLE TO GERMANY WITH REGARD TO CERTAIN COMMUNITY 
PROVISIONS RELATING TO THE PROTECTION OF THE ENVIRONMENT, IN 
CONNECTION WITH THE INTERNAL MARKET. (SYN 302). 
A. The Commission accepts amendment 26, sharing the Parliament's view 
that the Issues concerned fall into the sphere of the internal market. 
The recital should be adopted accordingly. 
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B. While not accepting the additional recital (amendment 18) the 
Commission considers that the substance of the amendment is covered In 
the Council statement accompanying the Common Position; 
"The Council declares that the Integration of the former GDR Into the 
Community necessarily involves revising the different headings In the 
financial perspective and entering the corresponding appropriations in 
the 1992 budget. 
The Council notes that the procedures for revising the financial 
perspective are under way. 
The Council expects these procedures to be completed as soon as 
possIbIe." 
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II. Pursuant to Article 149(3) of the EEC Treaty. 
MODIFIED PROPOSALS BY THE COMMISSION FOLLOWING THE AMENDMENTS ADOPTED 
BY THE EUROPEAN PARLIAMENT TO THE TEXTS TO WHICH THE COUNCIL HAS GIVEN 
SYMPATHETIC CONSIDERATION ON: 
** 1. C3-365/90-1 
2. C3-365/90-2 
3. C3-365/90-3 
* 4. C3-365/90-4 
* 5. C3-365/90-5 
* 6. C3-365/90-6 
** 7. C3-365/90-7 
8. C3-365/90-8 
* 9. C3-365/90-9 
** 10. C3-365/90-10 
** 11. C3-365/90-11 
* 12. C3-365/90-12 
13. C3-365/90-13 
** 14. C3-365/90-14 
** 15. C3-365/90-15 
16. C3-365/90-16 
17. C3-365/90-17 
** 18. C3-365/90-18 Tar iff measures 
ECSC products 
Harmonization of technical rules 
Consumer protection 
Aid for shipbuilding 
Statistics: transport, gas, electricity 
Stat IstIcs: Iabour force 
Statistics: agriculture 
Aid for the steel Industry 
Plant health 
Fisheries: common policy 
Fisheries: Spltzbergen 
Transport: road, rail and inland waterway 
Transport: shipping 
Energy 
Environment 
Agr(culture 
Proposal for Regulation SN/4526/90 on 
agriculture: Spain and Portugal 
* The Commission takes note of Parliament's approval without 
amendment to the text. 
** Amendments not accepted. 
9 -
2. MODIFIED DRAFT COMMISSION DECISION FOLLOWING THE AMENDMENTS ADOPTED 
BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DRAFT DECISION ON THE 
INTRODUCTION OF TRANSITIONAL TARIFF MEASURES FOR PRODUCTS COVERED 
BY THE TREATY ESTABLISHING THE ECSC FOR BULGARIA, CZECHOSLOVAKIA, 
HUNGARY, POLAND, ROMANIA, THE USSR AND YUGOSLAVIA UNTIL 31 DECEMBER 
1992, TO TAKE ACCOUNT OF GERMAN UNIFICATION TO WHICH THE COUNCIL 
HAS GIVEN SYMPATHETIC CONSIDERATION. 
The Commission can accept the substance of amendment 4, though the 
phrase; "and whose essential elements shall be published in the 
Official Journal of the Commun!tles" should replace the phrase; "full 
details of which shall be published In the Official Journal of the 
European Communities". 
3. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS 
ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DIRECTIVE ON 
TRANSITIONAL TARIFF MEASURES IN GERMANY IN THE CONTEXT OF THE 
HARMONIZATION OF TECHNICAL RULES TO WHICH THE COUNCIL HAS GIVEN 
SYMPATHETIC CONSIDERATION. 
The Commission can accept amendment 5 to the fifth recital and 
amendments 10 and 11 to Articles 4 and 5 (third to fifth paragraphs). 
8. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS 
ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DEROGATION IN 
RESPECT OF AGRICULTURAL STATISTICAL SURVEYS IN GERMANY IN 
CONNECTION WITH THE UNIFICATION OF GERMANY TO WHICH THE COUNCIL HAS 
GIVEN SYMPATHETIC CONSIDERATION. 
The Commission can accept amendment 15 to Article 4(2), second, third 
and fourth subparagraph. 
13. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS 
ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A REGULATION 
AMENDING, AS A RESULT OF GERMAN UNIFICATION, CERTAIN DIRECTIVES, 
DECISIONS AND REGULATIONS RELATING TO TRANSPORT BY ROAD, RAIL AND 
INLAND WATERWAYS TO WHICH THE COUNCIL HAS GIVEN SYMPATHETIC 
CONSIDERATION. 
The Commission can accept amendment No 27 to Article 9 and amendment 
No 28 to Article 10, second, third and fourth paragraphs. 
16. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS 
ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DIRECTIVE ON 
THE TRANSITIONAL MEASURES APPLICABLE IN GERMANY WITH REGARD TO 
CERTAIN COMMUNITY PROVISIONS RELATING TO THE PROTECTION OF THE 
ENVIRONMENT. 
The Commission can accept amendment 38 to Article 15a, amendment 39 to 
Article 16, amendment 40 to Article 17, amendment 41 to Article 17(3), 
last indent, amendment 42 to Article 17(4) fourth, fifth and sixth sub 
paragraphs. 
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SYH, • • TrE T i C CONo i DÏ'ÎAT ,V*l. 
The Commission can accept amendment 1C incorporating c. no»': recital. 
amendment No 18 to Article 10, second paragraph and is to Ar';!c!a 7(1) 
new subparagraph. - 10 -
SYH,• • ïr'E T i C CONo i DÏ'ÎAT . 'M. 
The Commission can accept amendment 1C incorporating c. no»': recite!. 
amendment No 18 to Article 10, second paragraph and is to Ar';!c!a 7(1) 
new subparagraph. 
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Annex A 
COMMISSION DECLARATION REGARDING MANAGEMENT OF THE FLEXIBILITY CLAUSE 
In accordance with the arrangements agreed with Parliament concerning 
the implementing powers of the Commission, the Commission undertakes to 
communicate to Parliament all draft implementing measures, without 
exception, that are submitted In the framework of the flexibility 
clause (set out in the various directives and regulations relating to 
the transitional measures on German unification) at the same time as 
they are submitted to the relevant committees assisting the Commission. 
The Commission takes the view that any entirely new measure or 
significant adjustment of existing measures Is likely to go beyond the 
framework of the delegated powers in the framework of the German 
unification package and should be subject to proposals In the normal 
legislative procedures for adoption by the Council after consultation 
of or In cooperation with the European Parliament. 
COMMISSION DECLARATION ON AGRICULTURE 
The Commission believes that an Information effort is needed to help 
East German farmers and farm-workers to make the right choice In the 
adaptation and restructuring effort. 
COMMISSION DECLARATION QN STRUCTURAL POLICIES 
On structural policies the Commission will see to it that there is the 
right mixture of a full application of Community legislation and the 
need for flexibility and simplification, in order to ensure a proper 
integration of the former GDR territories Into Community policy. 
Parliament will be kept fully Informed. 
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Annex B 
AMENDMENTS PROPOSED BY PARLIAMENT TO THE CQMMOiL PQaiIJflM_JHF„IBE 
COUNCIL. BUT NOT ACCEPTED BY THE COMMISSION 
AMENDMENTS NOT ACCEPTED BY THE COMMISSION 
DECISION 
(Cooperation procedure: second reeding) 
on the common position established by the Council with a view to the adoption 
of a directive on transitional measures applicable in Germany in the context 
of the harmonization of technical rules 
(Amendment No. 1) 
Article 1(1) 
1. By way of derogation from the 
Directives listed in Annexes A and 
S, Germany is authorized to maintain 
in force in the territory of the 
former German Democratic Republic 
the existing rules and regulations 
in respect of products which have 
been or which are manufactured 
there, on condition, that this does 
not affect the placing on the market 
and the free movement in that 
territory of products complying with 
Community Directive». 1' *>cex>t where th. ^^ 
safety of the taomilatiop T~^ ^ 
put at risk, by way of derogation 
from the Directives listed in 
Annexes A and B, Germany is 
authorized to maintain in force in 
the territory of the former German 
Democratic Republic the existing. 
rules and regulations in respect of 
products which have been or which 
are manufactured there, on condition 
that this does not affect the 
placind on the market and the free 
movement in that territory of 
products complying with Community 
Directives. 
(Amendment No. 2) 
Article 1(3), second subparagraph (new) 
(Amendment No. 3) 
Article 2(3) 
3. Any Member State may refer any 
difficulties to the Commission. The 
Cotisa ion shall, .a* a matter of 
urgencyr examine the question and 
submit its conclusions, possibly 
accompanied by appropriate measures. 
Such measures shall be adopted 
according to the procedure laid down 
in Article 5. 3. Any Member State may refer any 
difficulties to the Commission. The 
commission shall, as a matter of 
urgeacy, examine the question and 
submit its conclusions, possibly 
accompanied by appropriate measures. 
Such measures shall be adopted 
according to the procedure laid dowr. 
in Artici* 5, without oreiudice to 
the procedures in. Article 5a. The 
European Parliament—will, be 
Informed> -13 -
Th» tysfinstonf +>LI\ be reported *o 
the Commis «ion whloh tnav refer theca 
for -review Ço frhf ÇÇ-Bffittt*, 
mentioned in Article S, wttfoout 
prejudice- to the procedures in 
Article Sa. £he^ jurop+AH 
Parliament shall also be informed in 
**»• ft>g 1* *9 <>*•* I**- •i*w» before 
any final decision fey. she 
• 1* -
AMENDMENT NOT ACCEPTED BY THE COMMISSION 
DECfSIÇN 
(Cooperation procedure! second reading) 
on the common position established by the Council with a view to the adoption 
of a regulation (EEC) concerning the activities of the Structural Funds in the 
territory of the former German Democratic Republic 
Common position of the Council Text amended by Parliament 
(Amendment No. 15) 
Fourth recital a (new) 
Whereas, with respect to its 
financial consequences, this 
Directive can only be implemented 
through revision of the financial 
perspective and adjustment of the 
annual budget, which will allow the 
budgetary authority to enter the 
amounts necessary to cover its 
financial Impact during the courae 
of the budgetary procedure; 
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AMENDMENT NOT ACCEPTED BY THE COMMISSION 
PJESIUfig 
(Cooperation procedurei second reading) 
on the common position established by the Council with a view to the adoption 
or a directive on the traditional measure, applicable in Germany with regard 
to certain Community provi.ion. relating to the protection of the environment, 
in connection with the internal market 
Common position of the Council Text amended bv Parliament 
(Amendment No. 18) 
Sixth recital b (new) 
Whereas, wjÇfr respect £o its 
financial consequences, this 
Pi-rectlve can çnly be implemented 
through revision of the financial 
perspective and adjustment of the 
annual budget, which will allow the 
budgetary authority to enter the 
amounts necessary to cover Its 
Un«"Ç*-al impact during tfre cçuree 
of the budgetary procedure. 
.46-
ISSN 0254-1475 
COM(90) 569 final 
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