17.12. 90 Official Journal of the European Communities No L 353/59 COUNCIL DIRECTIVE of 4 December 1990 ' on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environment (90/656/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 s 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 European Economic Community has adopted a set of rules concerning the protection of the - environment; Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic; Whereas, however, it is necessary to take account of the particular situation in that territory as regards the state of the environment; Whereas, to this end, it is necessary to allow Germany to lay down a specific time limit within which certain rules in force in that territory must be brought into conformity with Community law; ‘ Whereas the derogations provided for in that connection must be temporary and cause the least possible disturbance to the functioning of the common market, and in particular . to conditions of competition; whereas these derogations do not apply to new installations; Whereas the state of the environment in the territory of the former German Democratic Republic calls for considerable improvement in order to comply with the quality _ standards, limit values and other environmental protection requirements laid down in Community legislation; (1) O] No L 263, 26. 6. 1990, p. 42 as . amended on 25. Okuober 1990 and 28 November 1990. (2) Opinion delivered on 21 November 1990 (not yet published in the Official Journal). (3) Opinion delivered on 20 November 1990 (not yet published in the Official Joumal) Whereas the time needed for adjustment depends both on the situation in that territory and on the measures required in order to comply with Community requirements; whereas the time limits cannot therefore be determined in a umform manner; ‘Whereas the measures to be taken in the various fields covered by this Directive often call not only for changes in production but also for the construction of new installations; whereas these measures presuppose the existence of an appropriate administrative structure and the establishment of networks for measuring and monitoring; whereas, as a result, a period of several years must be envisaged in order to arrive at a situation which complies with Community law in the environmental field; Whereas information on the rules in force and on the state of the environment in the territory of the former German Democratic Republic is insufficient to permit the type of adjustment or the extent of the derogations to be definitively established; whereas, in order to allow for changes in the situation, a simplified procedure must be laid down, in accordance wiht the third indent of Article 145 of the Treaty, - HAS ADOPTED THIS DIRECTIVE: Article 1 Quality of surface water 1. By way of derogation from Directive 75/440/EEC (4) and Directive 79/869/EEC (5), the Federal Republic of Germany shall be authorized to provide, in respect of the territory of the former German Democratic Republic, that the quality standards for surface water and the methods of measurement and frequencies of sampling and analysis laid down in those Directives must be complied with by 31 December 1995 at the latest. 2. The Federal Republic of Germany shall submit to the Commission, no later than 31 December 1992, an improvement plan describing how the objectives in the Directives referred to in paragraph 1 are to be achieved within the prescribed time limit\s. - (%) O] No L 194, 25. 7. 1975, p. 34. (5) O] No L 271, 29. 10. 1979, p. 44.