CELEX: 51990PC0400(01)
Language: en
Date: 1990-08-31
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON INTERIM MEASURES APPLICABLE AFTER THE UNIFICATION OF GERMANY IN ANTICIPATION OF THE ADOPTION OF TRANSITIONAL MEASURES BY THE COUNCIL IN COOPERATION WITH THE EUROPEAN PARLIAMENT

15. 9. 90                              Official Journal of the European Communities                              No C 230/7
             Proposal for a Council Directive on interim measures applicable after the unification of
             Germany, in anticipation of the adoption of transitional measures by the Council in cooperation
                                                with the European Parliament
                                               COM(90) 400 final — SYN 297
                                     (Submitted by the Commission on 22 August 1990)
                                                        (907C 230/05)
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 49, 57,            German Democratic Republic legislation which does not
66, 100a and 118a 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
                                                                  Directive.
In cooperation with the European Parliament,
                                                                  2.    This authorization shall remain in force until the
Having regard to the opinion of the Economic and                  date on which the Council takes a final decision on the
                                                                  Commission proposals referred to in Article 1 or, where
Social Committee,
                                                                  appropriate, until the date on which the transitional
                                                                  measure 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
                                                                  1.    The Commission and Germany        shall consult each
Whereas, in its communication of 21 August 1990, the              other on the measures to be taken      to ensure that no
Commission presented a number of proposals for                    difficulties arise from the fact that  legislation kept in
directives to be adopted by the Council in cooperation            force under this Directive does        not comply with
with the European Parliament;                                     Community law.
                                                                  2.    The measures to be taken at Community level must
Whereas, interim measures should be adopted to cover             conform to a transitional measure provided for in one of
the case that the Council fails to adopt these Directives        the Commission proposals listed in the Annex to the
in advance of unification,                                        present Directive.
                                                                  Such measures shall be adopted in accordance with the
HAS ADOPTED THIS DIRECTrVE:                                       procedure laid down in Article 4.
                                                                  They may not be adopted after the date referred to in
                          Article 1                               Article 2 (2) and shall not apply beyond that date.
Should it prove impossible, in advance of the date of
German unification, to adopt some or all of the tran-                                      Article 4
sitional measures for the application of Community legis-
                                                                  The measures provided for in Article 3 and any other
lation to the territory of the former German Democratic
Republic as provided for in the proposals presented to            necessary implementing arrangements shall be adopted in
the Council in the Commission's communication of 21               accordance with the following procedure.
August 1990 and annexed to this Directive, interim
measures shall apply by way of derogation from the               The Commission shall be assisted by a committee
Community acts covered by these proposals, subject to             composed of representatives of the Member States and
the limits and conditions laid down in this Directive.            chaired by the representative of the Commission.
 ---pagebreak--- No C 230/8                               Official Journal of the European Communities                                      15. 9. 90
The representative of the Commission shall submit to the                 If the measures envisaged are not in accordance with the
committee a draft of measures to be taken. The                           opinion of the committee, or if no opinion is delivered,
committee shall deliver its opinion on the draft within a                the Commission shall, without delay, submit to the
time limit which the chairman may lay down according                     Council a proposal relating to the measures to be taken.
to the urgency of the matter. The opinion shall be                       The Council shall act by a qualified majority.
delivered by the majority laid down in Article 148 (2) of
the Treaty in the case of decisions which the Council is
                                                                         If, on expiry of a period of two weeks from the date or
required to adopt on a proposal from the Commission.
                                                                         which the matter is referred to the Council, the Council
The votes of the representatives of the Member States
                                                                         has not acted, the proposed measures shall be adopted by
within the committee shall be weighted in the manner set
                                                                         the Commission.
out in that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged if                                                Article 5
they are in accordance with the opinion of the
committee.                                                               This Directive is addressed to the Member States.
                                                                 ANNEX
             List of proposals for Directives setting out the transitional measures or technical adaptations to be adopted
                                                    under the cooperation procedure
             II. INTERNAL MARKET
             Technical rules
             — proposals for transitional measures based on Article 100a
             Recognition of diplomas
             — proposals for transitional measures concerning the recognition of professional qualifications
             VIII. SOCIAL AFFAIRS, EDUCATION AND TRAINING
             Transitional measures in the field of workers' health and safety, based on Article 118a
             IX. ENVIRONMENT
             Measures relating to the protection of the environment in connection with the internal market