COUNCIL REGULATION (EC) No 665/94 of 21 March 1994 on the introduction of transitional tariff measures for Bulgaria, the Czech Republic, the Slovak Republic, 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
THE  COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 28 and 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Common Customs Tariff will be fully applicable to the territory of the former German Democratic Republic as from 3 October 1990, the date of German unification;
Whereas the former German Democratic Republic had concluded numerous agreements with Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia which provided for a yearly exchange of specific goods in maximum quantities or to maximum  values at a zero rate of duty; whereas the former German Democratic Republic had concluded long-term cooperation and investment agreements with Czechoslovakia, Poland and the USSR which will give rise to reciprocal deliveries of goods at zero rates of  duty for many years to come;
Whereas agreements of the first type have not been renewed after 31 December 1990 and agreements of the second type will be re-negotiated at Community, German or private enterprise level, but whereas this process of re-negotiation will take some time;
Whereas the maximum quantities or values mentioned in these agreements do not entail legally binding obligations between the parties; whereas non-enforcement thereof cannot therefore give rise to any compensation by the Community;
Whereas it is necessary, therefore, during a transitional period to attenuate the impact resulting from German unification on both types of agreement as otherwise serious repercussions on enterprises in the territory of the former German Democratic  Republic and in Bulgaria, the Czech Republic, the Slovak Republic, 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 could result and, indeed, the stability of the economies of these countries might be adversely affected thereby;
Whereas for these reasons it is appropriate to suspend temporarily the duties of the Common Customs Tariff for products originating in Bulgaria, the Czech Republic, the Slovak Republic, 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, which are covered by the abovementioned agreements  between the former German Democratic Republic and these countries, up to the maximum quantities or values laid down therein;
Whereas it is appropriate, in view of the special circumstances of German unification, for the said suspension of duties to be applicable to the products concerned only in so far as they are put into free circulation in the territory of the former  German Democratic Republic;
Whereas it is necessary to make provision for determining the origin of the goods which will be covered by the said suspension of duties;
Whereas, in view of the difficulties in applying these measures and the fact that some of their consequences are unforeseeable, it is appropriate to emphasize the transitional character of these measures and restrict their duration to a one-year period  up to 31 December 1994;
Whereas a similar transitional arrangement was set up until 31 December 1992 by Regulation (EEC) No 3568/90 (1) and by Decision No 3788/90/ECSC (2) extended until 31 December 1993 by Regulation (EEC) No 1343/93 (3) and by Decision No 1535/93/ECSC (4);  whereas in the light of experience since 1990 it seems suitable to exclude products of Annex II to the Treaty from the benefit of the present arrangements;
Whereas it is appropriate to provide for special measures and a procedure to put them in place, in case the temporary suspension of duties causes or threatens to cause serious injury to a branch of Community industry;
Whereas these measures must be solely related to the customs tariff and, in any event, must not prejudice the application of Community measures under the common commercial policy,
1. From 1 January to 31 December 1994, import duties within the meaning of Article 4 (10) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5) including the anti-dumping duties to be applied on  3 October 1990, shall be suspended for goods originating in Bulgaria, the Czech Republic, the Slovak Republic, 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, covered by the agreements listed in Annexes I and II concluded between those countries and the former German Democratic  Republic - the essential elements of which have been published in communication No 91/C151/01 of 10 June 1991 (6) - up to the maximum quantities or values established by the said agreements.
The agricultural products which are referred to in Annex II to the Treaty shall be excluded from the benefit of these tariff measures.
2. The provisions of paragraph 1 shall be applicable only if:
- the goods in question are released for free circulation in the territory of the former German Democratic Republic and are consumed there or undergo processing conferring Community origin there (7),
- a licence issued by the relevant German authorities stating that the goods in question fall within the scope of the provisions contained in paragraph 1 is submitted in support of the declaration of entry for release for free circulation.
3. The Commission and the competent German authorities shall take whatever measures are needed to ensure that the final consumption of the products in question, or the processing by which they acquire Community origin, takes place in the territory of  the former German Democratic Republic.
To determinate the origin of the goods referred to in Article 1, Articles 22 to 26 of Regulation (EEC) No 2913/92 shall apply.
1. If the suspension of the Common Customs Tariff duties reperred to in Article 1 causes serious injury to Community producers of like or directly competitive products in one or more Member States, the Commission may, on its own initiative or  at the request of a Member State, restore the normal duty for the products concerned.
Any Member State may refer any difficulties to the Commission. The Commission shall, as a matter of urgency, examine the question and submit its conclusions, possibly accompanied by appropriate measures.
2. The procedure set out in Article 11 of Council Regulation (EEC) No 1765/82 of 30 June 1982 on common rules for imports from State-trading countries (8) shall be followed.
3. These measures shall not prejudice the application of Community measures under the common commercial policy.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.