1989R3906 — EN — 01.01.1993 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M1 COUNCILREGULATION(EEC)No3906/89
of18December 1989
oneconomic aidtocertain countriesofCentralandEasternEurope ◄
(OJ L 375, 23.12.1989, p. 11)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EEC) No 2698/90 of 17 September 1990 L 257 1 21.9.1990
►M2 Council Regulation (EEC) No 3800/91 of 23 December 1991 L 357 10 28.12.1991
►M3 Council Regulation (EEC) No 2334/92 of 7 August 1992 L 227 1 11.8.1992
►M4 Council Regulation (EEC) No 1764/93 of 30 June 1993 L 162 1 3.7.1993
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COUNCILREGULATION(EEC)No3906/89
of18December 1989
on economic aid to certain countries of Central and Eastern Eur-
ope
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (
1),
Whereas the Community and its Member States have decided to make
a concerted effort together with certain third countries, in order toimplement measures intended to support the process of economic andsocial reform under way in Hungary and Poland;
Whereas the Community has concluded Agreements on trade and
commercial and economic cooperation with the Republic of Hungaryand the Polish People's Republic;
Whereas the Community must have the necessary means at its dispo-
sal to be able to implement such measures;
Whereas the fields in which measures are to be undertaken should be
determined;
Whereas it is necessary to estimate the amount of Community finan-
cial resources needed to carry out these measures in 1990;
Whereas the implementation of such measures will help to achieve the
Community's aims and whereas the Treaty does not provide, for the
measures in question, powers other than those of Article 235,
HAS ADOPTED THIS REGULATION:
Article 1
The Community shall make economic aid available to the countries of
Central and Eastern Europe listed in the Annex in accordance with the
criteria laid down in this Regulation.
Article 3
1. The aid shall be used primarily to support the process of reform
►M1in the countries referred to in Article 1 ◄, in particular by
financing or participating in the financing of projects aimed at eco-
nomic restructuring.
Such projects or cooperation measures should be undertaken in parti-
cular in the areas of agriculture, industry, investment, energy, training,environmental protection, trade and services; they should be aimed in
particular at the private sector ►
M1of the countries referred to in
Article 1 ◄.
The aid may also be used to provide humanitarian assistance.
(1) Opinion delivered on 14 December 1989 (not yet published in the Official
Journal).▼M1
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2. Account shall be taken, inter alia, of the preferences and wishes
expressed by the recipient countries concerned in the choice of mea-sures to be financed pursuant to this Regulation.
Article 4
The aid shall be granted by the Community, either independently or
in the form of cofinancing with the Member States, the EuropeanInvestment Bank, third countries or multilateral bodies or the recipient
countries themselves.
Article 5
Community aid shall in general be in the form of grants. They may
generate funds that can be used for financing cooperation projects or
measures.
Article 6
1. The aid may cover expenditure on imports and local expenditure
needed to carry out the projects and programmes.
Taxes, duties and charges and the purchase of property shall be
excluded from Community financing.
2. Maintenance and operating costs may be covered for training
and research programmes and for other projects; however, for the lat-
ter such costs may be covered only in the start-up stage and shall bedegressive.
3. However, in the case of cofinancing, account shall be taken in
each case of the procedures applied by the other providers of capital.
Article 7
1. In the case of assistance exceeding ECU 50 000 for which the
Community is the sole source of external aid, participation in invita-tions to tender and contracts shall be open on equal terms to all nat-ural and legal persons of the Member States and ►
M1of the coun-
tries referred to in Article 1 ◄.
2. Paragraph 1 shall apply also to cofinancing.3. In the case of cofinancing, however, the participation of third
countries in invitations to tender and contracts may be authorized by
the Commission, but only on a case-by-case basis, after examination
of the case.
Article 8
The Commission shall administer the aid taking into account the pro-
cedure laid down in Article 9. The general guidelines applicable to
the aid and to sector-based programmes shall be adopted in accor-dance with that procedure.
Article 9
1. A committee on aid for economic restructuring ►
M1in the
countries referred to in Article 1 ◄is hereby set up at the Commis-
sion, consisting of representatives of the Member States and chairedby the Commission representative. An observer from the EuropeanInvestment Bank shall take part in the Committee's proceedings withregard to questions concerning the Bank.
2. The representative of the Commission shall submit to the com-
mittee a draft of the measures to be taken. The committee shall deli-
ver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives
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of the Member States within the committee shall be weighted in the
manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt decisions which shall apply imme-
diately. However, if these decisions are not in accordance with the
opinion of the committee, they shall be communicated by the Com-mission to the Council forthwith. In that event the Commission shalldefer application of the measures which it has decided for a period ofsix weeks.
The Council, acting by a qualified majority, may take a different deci-
sion within the time limit referred to in the first subparagraph.
Article 10
From 1990 the Commission shall draw up each year a report on the
implementation of co-operation operations. The report shall be sent to
the European Parliament, the Council and the Economic and Social
Committee.
Article 11
This Regulation shall enter into force on the third day following that
of its publication in the Official Journal of the European Commu-
nities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
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ANNEX
ALBANIA
BULGARIA
CZECH REPUBLICESTONIA
LATVIA
LITHUANIA
HUNGARYPOLAND
SLOVAK REPUBLIC
SLOVENIAROMANIA
YUGOSLAVIA▼M2
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▼M4
▼M2
▼M1
▼M4
▼M3
▼M1