29. 6. 90 Official Journal of the European Communities No L 166/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1794/90 of 28 June 1990 on transitional measures concerning trade with the German Democratic Republic THE COUNCIL -OF THE EUROPEAN COMMUNITIES; Having regard to the Treaty establishing the European: Economic Community, and in particular Articles 28 and 113 thereof, Having regard to the proposal from the Commission, Whereas the Federal Republic of Germany and the German Democratic Republic have concluded a Treaty (Staatsvertrag) for the immediate establishment of a mone- tary union and for the progressive integration of the German Democratic Republic into -the economic and social system of the Federal Republic of Germany and into the legal system of the Community in advance of the formal unification of the two Germanies ; Whereas the Staatsvertrag states that the German Democ- ratic Republic shall align its policies on the laws and objectives of .the European Communities; Whereas, during the period preceding unification, rules governing trade between the German Democratic Repu- blic, on the one hand, and the Federal Republic of Germany and other Member States of the Community, on the other, should be geared towards the free access of Community products to-the German Democratic Repu- blic and towards equivalent access to the Community for the latter’s products; whereas such free access for products from the German Democratic Republic may, however,.be granted only if the latter provides suitable protection at its frontier with third:countries ; Whereas it appears appropriate, in order to enable the Community’s external arrangements to be adapted rapidly to developments in the German Democratic Republic, to- confer upon the Commission the relevant implementing powers in accordance with the management committee procedure ; Whereas, as regards trade between the German Democ- ratic Republic, on the one hand, and Spain and Portugal, on the other, this Regulation shall apply with due regard to.the relevant Articles of the Act of Accession, HAS ADOPTED THIS REGULATION : Article 1 In so far as the Commission establishes, under the proce- dure laid down in Article 4, that the conditions of Article 2 are met, the application-of customs duties and any charges having equivalent effect and-also of quantitative restrictions and any restrictive measures. resulting from the instruments of the common commercial policy shall be suspended, taking into account the relevant provisions of the Act of Accession of Spain and Portugal, in Community trade with the Germany Democratic Repu- blic. However, Spain and Portugal may maintain, with regard to the German Democratic Republic, the quantitative restrictions which. concern the products listed in Annex I to Regulation (EEC) No 288/82 ('). This Regulation shall not apply- to the agricultural products referred to in Annex II to the Treaty nor to goods resulting from the processing -of agricultural products and referred to in Regulation (EEC) No 3033/80 (?), as last amended by Regulation- (EEC) No 1436/90 (). ‘ . Article 2 1. The Commission-is hereby empowered, under the procedure laid down in Article 4, to take the-implemen- ting measures with regard-to Article 1, to the extent that: {a) the German Democratic Republic introduces into its trade with - third countries the Common Customs Tariff, Community customs legislation and the other common commercial policy measures or, particularly in the cases provided for under paragraph 2, measures ensuring that the provisions laid down by the Community with -regard to third countries are not circumvented ; () OJ No L 35, 9. 2. 1982, p. 1. () OJ No L 323, 29. 11. 1980, p. 1. () OJ No L 138, 31. 5. 1990, p. 9.