Council Directive 90/650/EEC of 4 December 1990 on transitional measures applicable in Germany in the context of the harmonization of technical rules for certain products

COUNCIL DIRECTIVE  of 4 December 1990  on transitional measures applicable in Germany in the context of the harmonization of technical rules for certain products    (90/650/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the Community has adopted, with regard to the placing on the market and utilization of products, a set of rules which are binding on all the Member States and on all economic operators;
Whereas, from the date of German unification onwards, Community law will be automatically applicable in the territory of the former German Democratic Republic; whereas such application may give rise to difficulties owing to the level of development of  the local economy;
Whereas Article 8c of the Treaty calls on the Commission to take into account the extent of the effort that certain economies showing differences in development will have to sustain during the period of establishment of the internal market;
Whereas such derogations must be temporary and must cause the least possible disturbance to the functioning of the common market; whereas they must not, however, jeopardize the health and safety of consumers;
Whereas the information available on the situation regarding the rules and regulations in force and regarding industry in the territory of the former German Democratic Republic is such that it is not possible to establish definitively the extent of  the derogations; whereas, so that account can be taken of developments in that situation, a simplified procedure must be set up in accordance with the third indent of Article 145 of the Treaty for the purpose of adjusting and administering the  derogations,