26.9. 90 Official Journal of the European Communities No L 263/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2684/90 of 17 September 1990 on interim measures applicable after the unification of Germany, in anticipation of the adoption of transitional measures by the Council either in cooperation with, or after consultation of, the European ' ~ Parliament ' THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28, 42,43, 75, 100a, 103, 113, 130s and 235 thereof, Having regard to the proposal from the Commission, In cooperétion with the European Parliament (1), Whereas the Economic and Social Committee, havihg been consulted on the Commission proposal, has failed to issue its opinion within the time limit set by the Council in accordance with Article 198 of the Treaty; whereas it is necessary to proceed, notwithstanding the absence of an opinion from that Committee; : Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic; Whereas, to take account of the special situation obtaining in that territory, provision must be made for transitional measures for the implementation of a number of Community acts; : Whereas, in its communication of 21 August 1990, the Commission submitted a number of proposals for acts to be adopted by the Council either in cooperation with, or after consultation of, the European Parliament, which must be closely associated at all times in the decision-making process envisaged during the phase prior to the definitive entry into force of the transitional measures; : Whereas the Council will not be able to adopt those acts before the date of unification; whereas, taking account of the exceptional nature of the situation, interim measures must be introduced; ' Whereas no such interim measures should pre-empt modifications to the Commission proposals during their consideration and final adoption, (1) Opinion delivered on 11 September 1990 (not yet published in the Official Journal) and Decision of 13 September 1990 (not yet published in the Official Journal). HAD ADOPTED THIS REGULATION: Article 1 As the Council was unable to act before the date of German unification on the transitional measures for the application to the territory of the former German Democratic Republic of acts of Community law as provided for in the Commission’ proposals submitted to the Council by the communication of 21 August 1990 and as set out in the Annex to this Regulation, interim measures shall apply by way of derogation from the acts of Community law covered by these proposals, subject to the limits and conditions laid down in. this Regulation. Article 2 1. The Commission may authorize the Federal Republic of Germany to maintain provisionally in force legislation applicable in the territory of the former German Democratic Republic which does not comply with a Community act as referred to in Article 1. ' Such legislation maintained in force must not go beyond the limits of the Commission proposals in the Annex. ‘2. This authorization which is the result of exceptional circumstances and may not be subsequently cited as a precedent, shall remain in force until the date on which the Council takes a final decision on the Commission proposals referred to in Article 1 or, where appropriate, until the date on which the transitional measure in question enters into force and no later than 31 December 1990. After this time limit, should the Council have failed to adopt the requisite transitional measures, Community law shall apply in full. 3.  The Federal Republic of Germany shall notify the Commission forthwith of any use made of this authorization. The Commission shall in turn forthwith notify the European Parliament, the Council and the Economic and Social Committee.