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
Date: 1990-11-28
Institutions: European Commission
Subjects: dangerous substance, noise protection, occupational health, occupational safety, transitional period (EU), unification of Germany

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 
to  Jit). 

t>oV  r i n al 

î»VN  JVÔ 

CUl*K90) 

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  -

G E R M AN 

U N I F I C A T I ON 

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. 
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). 
Proceeding  of  the  sitting  of  21  November  1990  (PV  42)  PE  146.823 

4 

5 

-  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 ). 

proposals.  The  Commission's 

In  the  following  commentary  part  one  contains  the  Commission's  re 
examined 
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. 

comments 

on 

Amendments  proposed  by  Parliament  to  the  Common  Position  of  the 
Council, but  not  accepted  by  the Commission  can be  found at  Annex  B. 

- 4 -

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 

-  5 -

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. 

-  6 -

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. 

- 7  -

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." 

- 8 -

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. 

-  10  -
-  10  -

SYH,• • ïr'E T i C  CONo i DÏ'ÎAT . 'M. 
SYH, • • TrE T i C  CONo i DÏ'ÎAT  ,V*l. 

The  Commission  can  accept  amendment  1C  incorporating  c. no»':  recite!. 
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) 
amendment  No  18  to  Article  10,  second  paragraph  and  is  to  Ar';!c!a  7(1) 
new  subparagraph. 
new  subparagraph. 

-  11  -

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. 

- 12 -

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 

-13 -

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) 

- r e v i ew 

tnav  r e f er 
frhf 

Th»  tysfinstonf  +>LI\ be  reported  *o 
theca 
t he  Commis « i on  w h l oh 
ÇÇ-Bffittt*, 
Ço 
f or 
S,  wttfoout 
in  A r t i c le 
m e n t i o n ed 
in 
to 
t he 
p r e j u d i c e- 
j u r o p + AH 
A r t i c le 
£he^ 
S a. 
P a r l i a m e nt  s h a ll  a l so  be 
in 
* * »•  ft>g  1*  *9  <>*•*  I**-  •i*w»  b e f o re 
s he 
a ny 

p r o c e d u r es 

d e c i s i on 

i n f o r m ed 

f i n al 

fey. 

(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> 

AMENDMENT  NOT ACCEPTED  BY  THE  COMMISSION 

•  1*  -

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) 

c o n s e q u e n c e s, 

respect  to  its 
Whereas,  with 
this 
financial 
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; 

AMENDMENT NOT ACCEPTED BY THE COMMISSION 

- 15 -

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. 

. 4 6-

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