CELEX: 51990PC0400(02)
Language: en
Date: 1990-08-31
Title: PROPOSAL FOR A COUNCIL REGULATION ON INTERIM MEASURES APPLICABLE AFTER THE UNIFICATION OF GERMANY, IN ANTICIPATION OF THE ADOPTION OF TRANSITIONAL MEASURES BY THE COUNCIL AFTER CONSULTATION OF THE EUROPEAN PARLIAMENT

15. 9. 90                              Official Journal of the European Communities                               No C 230/9
              Proposal for a Council Regulation on interim measures applicables after the unification of
              Germany, in anticipation of the adoption of transitional measures by the Council after consul-
                                               tation of the European Parliament
                                                COM(90) 400 final — SYN 297
                                      (Submitted by the Commission on 22 August 1990)
                                                          (90/C 230/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                     Article 2
                                                                   1.    The Commission may authorize Germany to
Having regard to the Treaty establishing the European              provisionally keep in force in the territory of the former
Economic Community, and in particular Articles 28, 42,             German Democratic Republic legislation which does not
43, 75, 103, 113, 130s and 235 thereof,                            comply with a Community act as referred to in Article 1.
                                                                   The legislation thus kept in force must conform to a
Having regard to the proposal from the Commission,
                                                                   transitional measure provided for in one of the
                                                                   Commission proposals listed in the Annex to the present
Having regard       to  the   opinion    of   the   European       Regulation.
Parliament,
                                                                   2.    This authorization shall remain in force until the
                                                                   date on which the Council takes a final decision on the
Having regard to the opinion of the Economic and
                                                                   Commission proposals referred to in Article 1 or, where
Social Committee,
                                                                   appropriate, until the date on which the transitional
                                                                   measures in question enters into force.
Whereas, from the date of German unification onwards,
Community law will be fully applicable to the territory            3.    Germany shall notify the Commission without
of the former German Democratic Republic;                          delay of the use made of this authorization. The
                                                                   Commission in turn shall notify the European
                                                                   Parliament, the Council and the Economic and Social
Whereas, to take account of the special situation
                                                                   Committee without delay.
obtaining in these territories, provision must be made for
transitional measures for the implementation of a
number of Community acts;                                                                    Article 3
                                                                   A decision may be taken in accordance with the
Whereas, in its communication of 21 August 1990, the               procedure laid down in Article 5 to supplement or adapt
Commission presented a number of proposals for acts to             Community rules on commercial, agricultural and
be adopted by the Council in consultation with the                 fisheries policy to bring them into line with the authoriz-
European Parliament;                                               ation provided for in Article 2 and to lay down any other
                                                                   implementing rules which may be necessary.
Whereas interim measures should be adopted to cover
the case that the Council fails to adopt these acts in                                       Article 4
advance of unification,
                                                                   1.    The Commission and Germany         shall consult each
                                                                   other on the measures to be taken        to ensure that no
HAS ADOPTED THIS REGULATION:                                       difficulties arise from the fact that   legislation kept in
                                                                   force under this Regulation does         not comply with
                                                                   Community law.
                          Article 1
Should it prove impossible, in advance of the date of              2.    The measures to be taken at Community level must
                                                                   conform to a transitional measures provided for in one
German unification, to adopt some or all of the transi-
                                                                   of the Commission proposals listed in the Annex to the
tional measures for the application of Community legis-
                                                                   present Regulation.
lation to the territory of the former German Democratic
Republic as provided for in the proposals presented to
the Council in the Commission's communication of 21                Such measures shall be adopted in accordance with the
August 1990 and annexed to this Regulation, interim                procedure laid down in Article 5
measures shall apply by way of derogation from the
Community acts covered by these proposals, subject to              The may not be adopted after the date referred to in
the limits and conditions laid down in this Regulation.            Article 2 (2) and shall not apply beyond that date.
 ---pagebreak--- No C 230/10                               Official Journal of the European Communities                                  15. 9. 90
                           Article 5                                   with the German Democratic Republic in the agriculture
                                        . . . .    . . . .    ,        and fisheries sector (').
1.    The implementing rules provided for m Articles 3
and 4 shall be adopted in accordance with the procedure                                              .
laid down in Article 4 of Council Directive . . . on                                             Article 6
interim measures applicable after the unification of                   This Regulation shall enter into force on the day of its
Germany, in anticipation of the adoption of transitional               publication in the Official Journal of the European
measures by the Council in cooperation with the                          Communities.
European Parliament.
2.    However, the implementing rules relating to the                  This Regulation shall be binding in its entirety and
markets in agricultural and fisheries products shall be                directily applicable in all Member States.
adopted in accordance with the procedure laid down in
Article 5 of Council Regulation (EEC) No 2060/90 of
16 July 1990 on transitional measures concerning trade                 (') OJ No L 188, 20. 7. 1990, p. 1.
                                                               ANNEX
             List of proposals for transitional measures and technical adaptations to be adopted under the consultation
                                                              procedure
             I. EXTERNAL ASPECTS
             Transitional measures, valid from 1 December 1990 to 31 December 1991, to assist the countries of
             Eastern Europe
             II. INTERNAL MARKET
             Technical rules
             — proposals for transitional measures based on Article 43;
             Consumer protection
             — adjustments to the Community system for the rapid exchange of information on dangers arising form
                 the use of consumer products
             III. COMMON AGRICULTURAL POLICY
             — Transitional measures and adjustments required in the agricultural sector
             — Adjustments to the Directives on seds and seedlings and animal feedingstuffs and to veterinary and
                 zootechnical legislation
             IV. COMMON FISHERIES POLICY
             — Measures concerning implementation of the common fisheries policy
             V. TRANSPORT
             — Proposal for a regulation relating to transport by road, rail and inland waterway
             VI. ENERGY
             — Introduction of a transitional period for the implementation of certain Community acts.
             IX. ENVIRONMENT
             — Other environmental protection measures