CELEX: 51994PC0580
Language: en
Date: 1994-12-07
Title: Proposal for a COUNCIL REGULATION (EC) extending the validity of Council Regulation (EC) No 665/94 on the introduction of transitional tariff measures for Bulgaria, the Czech Republic, Slovakia, Hungary, Poland, Romania, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgystan, Latvia, Lithuania, Moldova, Uzbekistan, Russia, Tajikistan, Turkmenistan, Ukraine, Croatia, Bosnia- Herzegovina, Slovenia and the former Yugoslav Republic of Macedonia, until 31 December 1994 to take account of German unification

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(94) 580 final
                                                          Brussels, 07.12.1994
                                                          94/0288 (ACC)
                                         Proposal for a
                                    COUNCIL REGULATION (EC)
 extending the validity of Council Regulation (EC) No 665/94 on the introduction of transitional
                    tariff measures for Bulgaria, the Czech Republic, Slovakia,
          Hungary, Poland, Romania, Armenia, Azerbaijan, Belarus, Estonia, Georgia,
           Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Uzbekistan, Russia,
           Tajikistan, Turkmenistan, Ukraine, Croatia, Bosnia-Herzegovina, Slovenia
           and the former Yugoslav Republic of Macedonia, until 31 December 1994
                               to take account of German unification
                                (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                    EXPLANATORY MEMORANDUM
1.     By Regulation (EC) No 665/94 of 21 March 19941 and by Decision No 1478/94/ECSC of 27
       June 19942, the Community had authorised Germany to maintain for its five new "Landers" for
       1994 the preferences which ex-DDR used to grant certain countries of Central-and Eastern
       Europe and of the current CIS within the framework of its policy for supplying some of its
       processing industries.
2.     As these arrangements end on 31 December 1994, the German authorities have on 21 October
       and 9 November 1994 asked for a last extention for 1995.
       Given the experience of administering these measures, the Commission considers it can propose
       this last extension.
1
   OJ No L 83 of 26.03.1994, p. 1.
2
   OJNoL 159 of 28.06.1994, p. 37.
                                                    À
 ---pagebreak---                                                     Proposal for a
                                         COUNCIL REGULATION (EC)
               Forlaengelse af gyldigheden af Ridets Forordning (EF) nr. 665/94 om indfiarelse af
                                     overgangsforanstaltninger for Bulgarian,
                          den Tjekkiske republik, Slovakiet, Ungarn, Polen, Rumxnien,
                            Arménien, Aserbajdsjan, Hvidcrusland, Estland, Géorgien,
                         Kasakhstan, Kirgistan, Letland, Litauen, Moldova, Usbekistan,
                             Rusland, Tadjikistan, Turkmenistan, Ukraine, Kroatien,
                              Bosnien-Hercegovina, Slovenien og den forhenvacrende
                        jugoslaviske republik Makedonien indul den 31. decembcr 1994
                                     for at tage hensyn til Tysklands forening
THE COUNCIL OF THE EUROPEAN UNION                            Russia, Tajikistan, Turkmenistan, Ukraine, Croatia.
                                                             Bosnia-Herzegovina, Slovenia and the former
Having regard to the Treaty establishing the European        Yugoslav Republic of Macedonia could result and,
Community, and in particular Articles 28 and 113             indeed, the stability of the economies of these
thereof,                                                     countries might be adversely affected thereby;
Having regard to the proposal from the Commission,           Whereas for these reasons it is appropriate to suspend
                                                             temporarily the duties of the Common Customs Tariff
Whereas the Common Customs Tariff is fully for products originating in Bulgaria, the Czech
applicable to the territory of the former German Republic, Slovakia, Hungary, Poland, Romania,
Democratic Republic as from 3 October 1990, the Armenia, Azerbaijan, Belarus, Estonia, Georgia,
date of German unification;                                  Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
                                                             Uzbekistan,      Russia,   Tajikistan,   Turkmenistan^
Whereas the former German Democratic Republic had Ukraine, Croatia, Bosnia-Herzegovina, Slovenia ana
concluded numerous agreements with Bulgaria, the former Yugoslav Republic of Macedonia, which
Czechoslovakia, Hungary, Poland, Romania, the arc covered by the abovementioned agreements
USSR and Yugoslavia which provided for a yearly between the former German Democratic Republic and
exchange of specific goods in maximum quantities or these countries, up to the maximum quantities or
to maximum values at a zero rate of duty; whereas the values laid down therein;
former German Democratic Republic had concluded
long-term cooperation and investment agreements with Whereas it is appropriate, in view of the special
Czechoslovakia, Poland and the USSR which will give circumstances of German unification, for the said
rise to reciprocal deliveries of goods at zero rates of suspension of duties to be applicable to the products
duty for many years to come;                                 concerned only in so far as they are put into free
                                                             circulation in the territory of the former German
Whereas agreements of the first type have not been Democratic Republic;
renewed after 31 December 1990 and agreements of
the second type will be re:negotiated at Community, Whereas it is necess<rv to make provision for
German or private enterprise level, but whereas this determining the origin of the goods which will be
process of re-negotiation will take some time;               covered by the said suspension of duties;
Whereas the maximum quantities or values mentioned           Whereas, in view of the difficulties in applying these
in these agreements do not entail legally binding            measures and the fact that some of their consequences
obligations between the parties;          whereas non-       arc not foreseeable, it is appropriate to emphasize the
enforcement thereof cannot therefore give rise to any        transitional character of these measures and extend
compensation by the Community;                               their duration to a one-year period up to 31 December
                                                              1995 for a last time;
Whereas it is necessary, therefore, during a
transitional period to attenuate the impact resulting Whereas a similar transitional arrangement was set up
from German unification on both types of agreement until 31 December 1992 bv 1Regulation (EEC) No
as otherwise serious repercussions on enterprises in 3568/90 of 4 December     7
                                                                                         1990 and by Decision No
the territory of the former German Democratic 90/3788/ECSC extended untilJl                    5
                                                                                                  December 1993 by
 Republic and in Bulgaria, the Czech Republic, Regulation (EEC) No 1343/93 and by Decision No
 Slovakia, Hungary, Poland, Romania Armenia, 93/1535/ECSC^; these arrangements have                       5
                                                                                                                been
 Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, replaced by Regulation (EC) No 665/94 and by
 Kyrgyzstan, Latvia, Lithuania, Moldova, Uzbekistan,          Decision No 1478/94/ECSC^for the year 1994;
    OJNoL353,of 17.12.1990, p. 1.
    OJNo L 364, of 28.12.1990, p. 27.
    OJNoL 133, of 27.05.1993, p. 1.
    OJNoL 151, of 22.06.1993, p. 23.
     OJNoL 83, of 26.03.1994, p. 1.
     OJNoL 159, of 28.06.1994, p. 37.
                                                                2_
 ---pagebreak--- Whereas it is appropriate to provide for special HAS ADOPTED THIS REGULATION.
measures and a procedure to put tnem in place in case
the temporary suspension of duties causes or threatens
to cause senous injury to a branch of Community                                     Article 1
industry;
                                                           In Article 1 of Regulation (EC) No 665/94 the year
Whereas these measures arc solely related to the 1994 is replaced by the year 1995
customs tariff and, in any event, must not prejudice
the application of Community measures under the
common commercial policy.                                                           Article 2
                                                           This Regulation shall eater into force on the third
                                                           day following its publication in the Official Journal of
                                                           the European Communities.
                                                           It shall apply from 1 January 1995.
       This Regulation shall be binding in its entirety and directly applicable in all Member states.
       Done at Brussels,                         1995.
                                                                      For the Council
                                                                      The President
                                                             s
 ---pagebreak---                                      FINANCIAL STATEMENT
1. Budget heading involved: Chap. 12 Art. 120
2. Legal basis: Art. 28 and 113 of the Treaty
3. Title of tariff measure: Proposal for a Council Regulation (EC) extending the validity of Council
   Regulation (EC) No 665/94 of 21 March 1994 on the introduction of transitional tariff measures for
   Bulgaria, the Czech Republic, Slovakia, Hungary, Poland, Romania, Armenia, Azerbaijan, Belarus,
   Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Uzbekistan, Russia,
   Tajikistan, Turkmenistan, Ukraine, Croatia, Bosnia-Herzegovina, Slovenia and the former Yugoslav
   Republic of Macedonia, until 31 December 1994 to take account of German unification.
4. Purpose: to maintain the trade flows between companies in the ex-German Democratic Republic
   and their suppliers, which were traditional within the framework of relations between former
   members of COMECON.
5. Method of calculation: Following information communicated by the German authorities, the 1992
   importations under the said preferential regime amounted to 786,9 millions of DM. Apart from steel
   and agricultural products, these importations amount to 352 millions DM. The average duty for the
   industrial products being 5 %, the duty losses may be estimated for one year at 17,6 millions lof DM
   (9,16 millions of ecus).
                                                    y
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 580 final
                                                      DOCUMENTS
EN                                                                         i l 02
                                Catalogue number : CB-CO-94-605-EN-C
                                                             ISBN 92-77-83352-1
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