Council Directive 98/94/EC of 14 December 1998 amending Directive 94/4/EC and extending the temporary derogation applicable to Germany and Austria
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: Austria, Germany, customs regulations, derogation from EU law, exemption from customs duties, transport user

31. 12. 98

EN

Official Journal of the European Communities

L 358/105

COUNCIL DIRECTIVE 98/94/EC

of 14 December 1998

amending Directive 94/4/EC and extending the temporary derogation applicable
to Germany and Austria

THE COUNCIL OF THE EUROPEAN UNION,

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

in order to bring it into line with the Community limit
by 1 January 2003,

Having regard to the Commission proposal (1),

HAS ADOPTED THIS DIRECTIVE:

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas Article 3(2) of Directive 94/4/EC (4) provided for
the application until 31 December 1997 of a temporary
derogation to the Federal Republic of Germany and the
Republic of Austria concerning the application of an
allowance of not less than 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
applicable, by means of coastal navigation coming from
those countries;

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

to travellers

importing

goods

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

Whereas account
described by the two Member States;

should be taken of

the situation

Whereas an extension of the derogation 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 Member States,
the raising of the limit applicable to the two Member
States from 1 January 1999 in order to limit distortions of
competition and an undertaking by those Member States
that they will gradually and jointly further raise the limit

(1) OJ C 273, 2. 9. 1998, p. 8.
(2) Opinion delivered on 3 December 1998 (not yet published in

the Official Journal).

(3) Opinion delivered on 15 October 1998 (not yet published in

the Official Journal).

(4) OJ L 60, 3. 3. 1994, p. 14. Directive as amended by Directive

94/75/EC (OJ L 365, 31. 12. 1994, p. 52).

Article 1

1. With effect from 1 January 1998, the first subpara-
graph of Article 3(2) of Directive 94/4/EC shall be
replaced by the following:

‘2.
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.'

2. With effect
the second
subparagraph of Article 3(2) of Directive 94/4/EC shall be
replaced by the following:

from 1 January 1999,

‘However, those Member States shall apply an allow-
ance 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

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive by 1 January 1999. They shall forth-
with inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom-
panied by such reference on the occasion of their pub-
lication. The methods of making such a reference shall be
laid down by the Member States.

2. Member States shall communicate to the Commis-
sion the text of the provisions of national law which they
adopt in the field covered by this Directive.

L 358/106

EN

Official Journal of the European Communities

31. 12. 98

This Directive shall enter into force on the day of its publication in the Official Journal of
the European Communities.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 14 December 1998.

For the Council

The President

W. MOLTERER