CELEX: 51990PC0569(04)
Language: en
Date: 1990-11-28
Title: MODIFIED DRAFT COMMISSION DECISION FOLLOWING THE AMENDMENTS ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DRAFT DECISION ON THE INTRODUCTION OF TRANSITIONAL TARIFF MEASURES FOR PRODUCTS COVERED BY THE TREATY ESTABLISHING THE ECSC FOR BULGARIA, CZECHOSLOVAKIA, HUNGARY, POLAND, ROMANIA, THE USSR AND YUGOSLAVIA UNTIL 31 DECEMBER 1992, TO TAKE ACCOUNT OF GERMAN UNIFICATION TO WHICH THE COUNCIL HAS GIVEN SYMPATHETIC CONSIDERATION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       CUl*K90) t>oV r i n a l î»VN JVÔ t o Jit).
                                       Brussels, 28 November 1990
                         GERMAN UNIFICATION
              RE-EXAMINED PROPOSALS BY THE COMMISSION
        FOLLOWING THE EUROPEAN PARLIAMENT'S SECOND READING
        ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL
    (presented by the Commission pursuant to Article 149.2(d)
                         of the EEC Treaty)
                MODIFIED PROPOSALS BY THE COMMISSION
         FOLLOWING THE AMENDMENTS ADOPTED BY THE EUROPEAN
           PARLIAMENT TO THE TEXTS TO WHICH THE COUNCIL
                HAS GIVEN SYMPATHETIC CONSIDERATION
     (presented by the Commission pursuant to Article 149(3)
                         of the EEC Treaty)
 ---pagebreak---                                  - 1 -
                  GERMAN          U N I F I C A T I O N
            COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
I. Pursuant to Article 149(2) of the EEC Treaty
    RE-EXAMINED PROPOSALS BY THE COMMISSION FOLLOWING THE PARLIAMENT'S
    SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL.
 I. Pursuant to Article 149(3) of the EEC Treaty.
    MODIFIED PROPOSALS BY THE COMMISSION FOLLOWING THE AMENDMENTS
    ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXTS TO WHICH THE
    COUNCIL HAS GIVEN SYMPATHETIC CONSIDERATION.
 ---pagebreak---                                   - 2 -
                           PRELIMINARY REMARKS
The Commission submitted on 21 August 1990. its legislative proposals
for technical adaptations and transitional measures necessary for the
 integration of the former German Democratic Republic Into the European
Community.1 The Council, the Parliament and the Commission concluded
on 6 September 1990, an agreement whereby the final Council decision on
the proposals would be taken only after Parliament had given its view
on the whole package and the detailed proposals in second reading, thus
ensuring consideration of Parliament's general and political views on
the integration of the former GDR into the Community.
At its 22nd October session the Parliament concluded analysis of the
package and voted several amendments on 24 October 1990. These
amendments were considered by the Commission and a number were
 incorporated In the Commission's modified proposal presented to Council
on 25 October 1990. 2 The Council adopted Its common position on
30 October and sympathetic consideration of the proposals on 7 November
1990.3
The Commission's commentary on the common position and the sympathetic
consideration of Council was transmitted to Parliament on 7 November
1990.4
Having considered Parliament's proposals for amendments voted in
plenary on 21 November 1990 s , the Commission is now In a position to
present Its re-examined proposal and modified proposal.
During the debate in the plenary session, the Commission made a
statement on the management of the flexibility clause which It wishes
to have recorded in the minutes at the final adoption by Council.
(Annex A ) .
1    The Community    and German    unification   (C0M(90) 400   final).
2    Modified proposal: the Community and German Unification (C0M(90)
     495 final SYN 297 to SYN 302).
3    Common position of the Council 9532/90.
     Sympathetic consideration of the Council 9533/90, 9533 addendum 1
     and SN 4526.
4    Commentary by the Commission on the Common Position and the Joint
     Position of the Council concerning measures proposed by the
     Commission regarding German Unification (SEC(90) 2136 final SYN 297
     to 302).
5    Proceeding of the sitting of 21 November 1990 (PV 42) PE 146.823
 ---pagebreak---                                  - 3 -
The Commission also made two statements on agriculture and the
structural funds which it would like to bring to the attention of the
CounclI. (Annex A ) .
In the following commentary part one contains the Commission's re-
examined   proposals. The    Commission's   comments  on   Parliament's
amendments to the Council's common position are equally applicable to
part two, which contains the Commission's modified proposal resulting
from consideration of Parliament's amendments to the proposals on which
the Council had expressed Its sympathetic consideration.
Amendments proposed by Parliament to the Common Position of the
Council, but not accepted by the Commission can be found at Annex B.
 ---pagebreak---                                  - 4 -
I. Pursuant to Article 149(2) of the EEC Treaty.
RE-EXAMINED PROPOSALS BY THE COMMISSION FOLLOWING THE PARLIAMENT'S
SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL ON:
t.      Harmonization of technical rules             SYN 298
2.      Recognition of professional qualifications   SYN 299
3.      Structural funds                             SYN 300
4.      Workers' health and safety                   SYN 301
5.      Protection of the environment                SYN 302
 ---pagebreak---                                  - 5 -
1.  RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S
    SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL
    WITH A VIEW TO THE ADOPTION OF A DIRECTIVE ON TRANSITIONAL MEASURES
    APPLICABLE IN GERMANY IN THE CONTEXT OF THE HARMONIZATION OF
    TECHNICAL RULES. (SYN 298).
A. The Commission accepts the following amendments voted by Parliament
at its November session:
    amendment No 68 on the final recital
    amendment No 69 on Article 4(1) and (2)
    amendment No 4 on Article 5, third, fourth and fifth paragraph.
B. Amendment No 1 to Article 1(1) Is not accepted since the point at
issue is covered In the fourth recital.
The Commission cannot accept amendment No 2 on Article 1(3), second
subparagraph. It notes, however, that this amendment Is redundant since
it Is covered by the declaration of Vice-President Bangemann In the
plenary session:
"In accordance with the arrangements agreed with the Parliament
concerning the implementing powers of the Commission, the Commission
undertakes to communicate to the Parliament all draft implementing
measures, without exception, that are submitted In the framework of the
"flexibility clauses" set out in the various directives and regulations
relating to the transitional measures on German unification at the same
time as they are submitted to the relevant Committees assisting the
Commission."
As amendment No 5 relating to a new Article 5a was withdrawn, amendment
No 3 to Article 2(3) corresponds in Its final version to the Common
Position of the Council.
2.  RECOGNITION OF PROFESSIONAL QUALIFICATIONS (SYN 299)
    The Commission  takes note of Parliament's approval of the Common
    PosItIon.
3.  STRUCTURAL FUNDS (SYN 300)
    The Commission  takes note of Parliament's approval of the Common
    Position.
 ---pagebreak---                                      - 6 -
4.   RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S
     SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL
     WITH A VIEW TO THE ADOPTION OF A DIRECTIVE RELATING TO TRANSITIONAL
     MEASURES APPLICABLE iN GERMANY IN THE FIELD OF WORKERS' HEALTH AND
     SAFETY. (SYN 301).
A. The Commission can accept the substance of amendment No 16 on a new
Article 2a amending both Article 1 and 2 In such a way as to include
Parliament in the transmission of the Information and/or reports
concerned:
Article 1
The   Commission   shall    "inform   the   other   Member  States    and  the
Par Marnent."
Article 2
"..other Member States and the Pari lament."
B.   While not accepting the proposed additional recital (amendment 15)
the Commission considers that the substance of the amendment is covered
 In the Council statement accompanying the Common Position;
"The Council declares that the integration of the former GDR into the
Community necessarily involves revising the different headings In the
financial perspective and entering the corresponding appropriations in
the 1992 budget.
The Council notes that the         procedures   for  revising   the  financial
perspective are under way.
The Council    expects   these   procedures   to  be  completed   as  soon  as
possIbIe."
5.   RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE PARLIAMENT'S
     SECOND READING ON THE COMMON POSITION ESTABLISHED BY THE COUNCIL
     WITH A VIEW TO THE ADOPTION OF A DIRECTIVE ON THE TRANSITIONAL
     MEASURES APPLICABLE TO GERMANY WITH REGARD TO CERTAIN COMMUNITY
     PROVISIONS RELATING TO THE PROTECTION OF THE ENVIRONMENT, IN
     CONNECTION WITH THE INTERNAL MARKET. (SYN 302).
A. The Commission accepts amendment 26, sharing the Parliament's view
that the Issues concerned fall into the sphere of the internal market.
The recital should be adopted accordingly.
 ---pagebreak---                                  - 7 -
B. While not accepting the additional recital (amendment 18) the
Commission considers that the substance of the amendment is covered In
the Council statement accompanying the Common Position;
"The Council declares that the Integration of the former GDR Into the
Community necessarily involves revising the different headings In the
financial perspective and entering the corresponding appropriations in
the 1992 budget.
The Council notes that the procedures      for  revising   the  financial
perspective are under way.
The Council   expects  these procedures  to be   completed   as  soon  as
possIbIe."
 ---pagebreak---                                   - 8 -
II. Pursuant to Article 149(3) of the EEC Treaty.
MODIFIED PROPOSALS BY THE COMMISSION FOLLOWING THE AMENDMENTS ADOPTED
BY THE EUROPEAN PARLIAMENT TO THE TEXTS TO WHICH THE COUNCIL HAS GIVEN
SYMPATHETIC CONSIDERATION ON:
**  1. C3-365/90-1      Tar iff measures
    2. C3-365/90-2      ECSC products
    3. C3-365/90-3      Harmonization of technical rules
*   4. C3-365/90-4      Consumer protection
*   5. C3-365/90-5      Aid for shipbuilding
*   6. C3-365/90-6      Statistics: transport, gas, electricity
**  7. C3-365/90-7      Stat IstIcs: Iabour force
    8. C3-365/90-8      Statistics: agriculture
*   9. C3-365/90-9      Aid for the steel Industry
**  10. C3-365/90-10    Plant health
**  11. C3-365/90-11    Fisheries: common policy
*   12. C3-365/90-12    Fisheries: Spltzbergen
    13. C3-365/90-13    Transport: road, rail and inland waterway
**  14. C3-365/90-14    Transport: shipping
**  15. C3-365/90-15    Energy
    16. C3-365/90-16    Environment
    17. C3-365/90-17    Agr(culture
**  18. C3-365/90-18    Proposal for Regulation SN/4526/90 on
                        agriculture: Spain and Portugal
*   The Commission takes      note  of   Parliament's approval  without
    amendment to the text.
** Amendments not accepted.
 ---pagebreak---                                    9 -
2.  MODIFIED DRAFT COMMISSION DECISION FOLLOWING THE AMENDMENTS ADOPTED
    BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DRAFT DECISION ON THE
    INTRODUCTION OF TRANSITIONAL TARIFF MEASURES FOR PRODUCTS COVERED
    BY THE TREATY ESTABLISHING THE ECSC FOR BULGARIA, CZECHOSLOVAKIA,
    HUNGARY, POLAND, ROMANIA, THE USSR AND YUGOSLAVIA UNTIL 31 DECEMBER
    1992, TO TAKE ACCOUNT OF GERMAN UNIFICATION TO WHICH THE COUNCIL
    HAS GIVEN SYMPATHETIC CONSIDERATION.
The Commission can accept the substance of amendment 4, though the
phrase; "and whose essential elements shall be published in the
Official Journal of the Commun!tles" should replace the phrase; "full
details of which shall be published In the Official Journal of the
European Communities".
3.  MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS
    ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DIRECTIVE ON
    TRANSITIONAL TARIFF MEASURES IN GERMANY IN THE CONTEXT OF THE
    HARMONIZATION OF TECHNICAL RULES TO WHICH THE COUNCIL HAS GIVEN
    SYMPATHETIC CONSIDERATION.
The Commission can accept amendment 5 to the fifth recital and
amendments 10 and 11 to Articles 4 and 5 (third to fifth paragraphs).
8.  MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING        THE AMENDMENTS
    ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF   A DEROGATION IN
    RESPECT OF    AGRICULTURAL   STATISTICAL  SURVEYS   IN GERMANY    IN
    CONNECTION WITH THE UNIFICATION OF GERMANY TO WHICH  THE COUNCIL HAS
    GIVEN SYMPATHETIC CONSIDERATION.
The Commission can accept amendment   15 to Article 4(2), second, third
and fourth subparagraph.
13. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS
    ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A REGULATION
    AMENDING, AS A RESULT OF GERMAN UNIFICATION, CERTAIN DIRECTIVES,
    DECISIONS AND REGULATIONS RELATING TO TRANSPORT BY ROAD, RAIL AND
     INLAND WATERWAYS TO WHICH THE COUNCIL HAS GIVEN SYMPATHETIC
    CONSIDERATION.
The Commission can accept amendment No 27 to Article 9 and amendment
No 28 to Article 10, second, third and fourth paragraphs.
16. MODIFIED PROPOSAL BY THE COMMISSION FOLLOWING THE AMENDMENTS
    ADOPTED BY THE EUROPEAN PARLIAMENT TO THE TEXT OF A DIRECTIVE ON
    THE TRANSITIONAL MEASURES APPLICABLE IN GERMANY WITH REGARD TO
    CERTAIN COMMUNITY PROVISIONS RELATING TO THE PROTECTION OF THE
    ENVIRONMENT.
The Commission can accept amendment 38 to Article 15a, amendment 39 to
Article 16, amendment 40 to Article 17, amendment 41 to Article 17(3),
last indent, amendment 42 to Article 17(4) fourth, fifth and sixth sub
paragraphs.
 ---pagebreak---                                            - 10 -
    SYH, •••ïr'E
    SYH,•    TrETTiiCC CONo    DÏ'ÎAT . ,V*l.
                        CONoiiDÏ'ÎAT     'M.
The Commission can accept amendment 1C incorporating c. no»': recite!.
                                                               recital.
amendment No 18 to Article 10, second paragraph and is to Ar';!c!a 7(1)
new subparagraph.
 ---pagebreak---                                  - 11 -
Annex A
COMMISSION DECLARATION REGARDING MANAGEMENT OF THE FLEXIBILITY CLAUSE
 In accordance with the arrangements agreed with Parliament concerning
the implementing powers of the Commission, the Commission undertakes to
communicate to Parliament all draft implementing measures, without
exception, that are submitted In the framework of the flexibility
clause (set out in the various directives and regulations relating to
the transitional measures on German unification) at the same time as
they are submitted to the relevant committees assisting the Commission.
The Commission takes the view that any entirely new measure or
significant adjustment of existing measures Is likely to go beyond the
framework of the delegated powers in the framework of the German
unification package and should be subject to proposals In the normal
legislative procedures for adoption by the Council after consultation
of or In cooperation with the European Parliament.
COMMISSION DECLARATION ON AGRICULTURE
The Commission believes that an Information effort is needed to help
East German farmers and farm-workers to make the right choice In the
adaptation and restructuring effort.
COMMISSION DECLARATION QN STRUCTURAL POLICIES
On structural policies the Commission will see to it that there is the
right mixture of a full application of Community legislation and the
need for flexibility and simplification, in order to ensure a proper
 integration of the former GDR territories Into Community policy.
Parliament will be kept fully Informed.
 ---pagebreak---                                 - 12 -
Annex B
AMENDMENTS PROPOSED BY PARLIAMENT TO THE CQMMOiL PQaiIJflM_JHF„IBE
COUNCIL. BUT NOT ACCEPTED BY THE COMMISSION
 ---pagebreak---                                            -13 -
    AMENDMENTS NOT ACCEPTED BY THE COMMISSION
                                         DECISION
                        (Cooperation procedure: second reeding)
     on the common position established by the Council with a view to the adoption
     of a directive on transitional measures applicable in Germany in the context
     of the harmonization of technical rules
                                (Amendment No. 1)
                                   Article 1(1)
                                             1
1.    By way of derogation from the            '          *>cex>t where th.                  ^ ^
Directives listed in Annexes A and           safety of the taomilatiop T~^                           ^
S, Germany is authorized to maintain         put at risk, by way of derogation
in force in the territory of the             from the Directives listed in
former German Democratic Republic            Annexes A                 and B, Germany is
the existing rules and regulations           authorized to maintain in force in
in respect of products which have            the territory of the former German
been or which are manufactured               Democratic Republic the existing.
there, on condition, that this does           rules and regulations in respect of
not affect the placing on the market         products which have been or which
and the free movement in that                 are manufactured there, on condition
territory of products complying with         that this does not affect the
Community Directive».                        placind on the market and the free
                                             movement in that territory of
                                              products complying with Community
                                              Directives.
                                (Amendment No. 2)
                    Article 1(3), second subparagraph (new)
                                              Th» tysfinstonf              +>LI\    be reported *o
                                              t h e Commis « i o n w h l o h tnav r e f e r theca
                                              for        -review          Ço       frhf    ÇÇ-Bffittt*,
                                              mentioned           in       Article      S,     wttfoout
                                              prejudice-           to      the       procedures      in
                                              Article             Sa.              £he^    jurop+AH
                                              P a r l i a m e n t s h a l l a l s o be informed in
                                              * * » • ft>g 1 * * 9 <>*•* I**- • i * w » b e f o r e
                                              any          final          decision          fey.    she
                                 (Amendment No. 3)
                                    Article 2(3)
 3.    Any Member State may refer any          3. Any Member State may refer any
 difficulties to the Commission. The           difficulties to the Commission. The
 Cotisa ion shall, .a* a matter of             commission shall, as a matter of
 urgencyr examine the question and             urgeacy, examine the question and
 submit its conclusions, possibly              submit its conclusions, possibly
 accompanied by appropriate measures.          accompanied by appropriate measures.
 Such measures shall be adopted                Such measures shall be adopted
                                               according to the procedure laid dowr.
 according to the procedure laid down
                                               in Artici* 5, without oreiudice to
 in Article 5.
                                               the procedures in. Article 5a. The
                                               European              Parliament—will, be
                                               Informed>
 ---pagebreak---                                        • 1* -
  AMENDMENT NOT ACCEPTED BY THE COMMISSION
                                       DECfSIÇN
                       (Cooperation procedure! second reading)
    on the common position established by the Council with a view to the adoption
    of a regulation (EEC) concerning the activities of the Structural Funds in the
    territory of the former German Democratic Republic
Common position of the Council                  Text amended by Parliament
                              (Amendment No. 15)
                            Fourth recital a (new)
                                           Whereas,    with    respect    to  its
                                           financial     consequences,       this
                                           Directive can only be implemented
                                           through revision of the financial
                                           perspective and adjustment of the
                                           annual budget, which will allow the
                                           budgetary authority to enter the
                                           amounts   necessary    to   cover  its
                                           financial Impact during the courae
                                           of the budgetary procedure;
 ---pagebreak---                                       - 15 -
AMENDMENT NOT ACCEPTED BY THE COMMISSION
                                     PJESIUfig
                     (Cooperation procedurei second reading)
  on the common position established by the Council with a view to the adoption
  or a directive on the traditional measure, applicable in Germany with regard
  to certain Community provi.ion. relating to the protection of the environment,
  in connection with the internal market
Common position of the Council                  Text amended bv Parliament
                               (Amendment No. 18)
                             Sixth recital b (new)
                                            Whereas,    wjÇfr respect £o its
                                            financial     consequences,    this
                                            Pi-rectlve can çnly be implemented
                                            through revision of the financial
                                            perspective and adjustment of the
                                            annual budget, which will allow the
                                            budgetary authority to enter the
                                            amounts necessary to cover Its
                                            Un«"Ç*-al impact during tfre cçuree
                                            of the budgetary procedure.
 ---pagebreak---                                              .46-
                                                                                ISSN 0254-1475
                                                                 COM(90) 569 final
                                                      DOCUMENTS
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