Proposal for a Council Directive amending Council Directive 94/4/EC of 14 February 1994 and extending the temporary derogation applicable to Germany and Austria
Date: 1998-07-24
Institutions: European Commission
Subjects: Austria, Germany, derogation from EU law, exemption from customs duties, tax-free allowance

C  273/8

EN

Official  Journal  of  the  European  Communities

2.9.98

ANNEX

Compensation  to  be  offered  pursuant  to  Article  10

(in  ecu  per  100  kg  of  milk)

Year

1984/1985

1985/1986

1986/1987

1987/1988

1988/1989

1989/1990

1990/1991

1991/1992

1992/1993

1993/1994

Amount

9,2

10,5

9,7

10,0

12,3

12,9

11,7

11,8

12,4

12,4

Proposal  for  a  Council  Directive  amending  Council  Directive  94/4/EC  of  14  February  1994
and  extending  the  temporary  derogation  applicable  to  Germany  and  Austria

(98/C  273/04)

COM(1998)  473  final  -  98/0250(CNS)

(Submitted  by  the  Commission  on  24  July  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  99  thereof,

Having  regard  to  the  Commission  proposal,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

77/388/EEC(cid:216)(˛),  as  amended  by  Article  1  of  Council
Directive  94/75/EC  of  22  December  1994(cid:216)(ˇ),  provided
the  application  until  31  December  1977  of  a
for 
temporary  derogation 
and  Austria
concerning  the  application  of  an  allowance  of  ECU  75
to  goods  imported  by  travellers  entering  German  or
Austrian  territory  by  a  land  frontier  linking  the  two
Member  States  to  countries  other  than  Member  States
and  EFTA  members  or,  where  appropriate,  by  means  of
coastal  navigation  from  those  countries;

to  Germany 

Whereas  Article  3(2)  of  Council  Directive  94/4/EC  of
14  February  1994  amending  Directives  69/169/EEC  and

(˛)(cid:217)OJ  L  60,  14.2.1994,  p.  14.
(ˇ)(cid:217)OJ  L  365,  31.12.1994,  p.  52.

2.9.98

EN

Official  Journal  of  the  European  Communities

C  273/9

Whereas  account  is  taken  of  the  economic  difficulties
likely  to  be  caused  by  the  amount  of  the  allowances
applicable 
the
importing  goods 
Community  in  the  situations  described  above,

travellers 

into 

to 

requested  an  extension  of 

Whereas,  by  letters  of  24  June  and  23  July  1997,  the
Federal  Republic  of  Germany  and  the  Republic  of
Austria 
the  derogation
provided  for  in  Article  3(2)  of  Directive  94/4/EC  of
14  February  1994;  whereas  their  request  is  based  on  the
fact  that  the  economic  difficulties  that  had  prompted
the  adoption  of  the  Directives  94/4/EC  and  94/75/EC
had  persisted  and,  in  some  cases,  worsened;

Whereas  account  should  be 
described  by  the  two  Member  States;

taken  of 

the  situation

the  derogation 

should,
Whereas  an  extension  of 
however,  be  accompanied  by  the  fixing  of  a  deadline  for
bringing  the  allowance  applied  by  Germany  and  Austria
into  line  with  that  in  force  on  that  date  in  the  other
limit
Member  States, 
applicable  to  the  two  Member  States  in  order  to  limit
distortions  of  competition  and  an  undertaking  by  the
Member  States  that  they  will  gradually  and  jointly  raise
the 
the
Community  limit  by  1  January  2003,

immediate  raising  of 

line  with 

in  order 

to  bring 

limit 

into 

the 

the 

it 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Article  3(2)  of  Directive  94/4/EC  shall  be  replaced  by
the  following:

"2.(cid:218)(cid:217)By  way  of  derogation  from  paragraph  1,  the
Federal  Republic  of  Germany  and  the  Republic  of
Austria  shall  be  authorised  to  bring  into  force  the
measures  necessary  to  comply  with  this  Directive  by

1  January  2003  at  the  latest  for  goods  imported  by
travellers  entering  German  or  Austrian  territory  by  a
land  frontier  linking  Germany  or  Austria  to  countries
other  than  Member  States  and  the  EFTA  members
or,  where  applicable,  by  means  of  coastal  navigation
coming  from  the  said  countries.

those  Member  States 

However, 
shall  apply  an
allowance  of  not  less  than  ECU  100  from  1  January
1999  to  imports  by  the  travellers  referred  to  in  the
preceding  subparagraph.  They  shall  jointly  increase
that  amount  gradually,  with  a  view  to  applying  the
limit  in  force  in  the  Community  to  the  said  imports
by  1  January  2003  at  the  latest.’

Article  2

implement  the 

laws,  regu(cid:220)
1.(cid:218)(cid:217)Member  States  shall 
lations  and  administrative  provisions  necessary  to  comply
with  this  Directive  within  one  month  of  its  entry  into
force.  They  shall  forthwith 
the  Commission
thereof.

inform 

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  on  the  occasion  of  their  publi(cid:220)
cation.  The  methods  of  making  such  a  reference  shall  be
laid  down  by  the  Member  States.

2.(cid:218)(cid:217)Member 
the
shall 
Commission  the  text  of  the  provisions  of  domestic  law
which  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Article  3

This  Directive  shall  enter  into  force  on  1  January  1998.

Article  4

This  Directive  is  addressed  to  the  Member  States.