Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 355/94 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  273/10

EN

Official  Journal  of  the  European  Communities

2.9.98

Proposal  for  a  Council  Regulation  (EC)  amending  Council  Regulation  (EC)  No  355/94  of
14  February  1994  and  extending  the  temporary  derogation  applicable  to  Germany  and  Austria

(98/C  273/05)

COM(1998)  473  final  -  98/0251(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  28  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,

Whereas  the  second  paragraph  of  Article  2  of  Council
Regulation  (EC)  No  355/94  of  14  February  1994
amending  Regulation  (EC)  No  918/83(cid:216)(˛),  as  amended
by  Article  1  of  Council  Regulation  (EC)  No  3316/94  of
22  December  1994(cid:216)(ˇ),  provided  for  the  application  until
31  December  1977  of  a 
to
Germany  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  appro(cid:220)
priate,  by  means  of  coastal  navigation 
those
countries;

temporary  derogation 

from 

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  the  second  paragraph  of  Article  2  of
Regulation  (EC)  No  355/94;  whereas  their  request  is
based  on  the  fact  that  the  economic  difficulties  that  had
prompted  the  adoption  of  the  Regulations  (EC)  No
355/94  and  No  3316/94  had  persisted  and,  in  some
cases,  worsened;

(˛)(cid:217)OJ  L  46,  18.2.1994,  p.  5.
(ˇ)(cid:217)OJ  L  350,  31.12.1994,  p.  12.

Whereas  account  should  be 
described  by  the  two  Member  States;

taken  of 

the  situation

the  derogation 

Whereas  an  extension  of 
should,
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  REGULATION:

Article  1

The  second  paragraph  of  Article  2  of  Council  Regulation
(EC)  No  355/94  shall  be  replaced  by  the  following:

"However,  with  regard  to  the  Federal  Republic  of
Germany  and  the  Republic  of  Austria  this  Regulation
shall  apply  as  from  1  January  2003  for  goods
imported  by  travellers  entering  German  or  Austrian
territory  by  a 
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.

land  frontier 

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

This  Regulation  shall  enter  into  force  on  1  January  1998.

This  Regulation  shall  be  binding 
directly  applicable  in  all  Member  States.

in 

its  entirety  and