1989R3906 — EN — 24.09.1990 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M1 COUNCIL REGULATION (EEC) No 3906/89
of 18 December 1989
on economic aid to certain countries of Central and Eastern Europe ◄
(OJ L 375, 23.12.1989, p. 11)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2698/90 of 17 September 1990 L257 1 21.9.1990
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COUNCIL REGULATION (EEC) No 3906/89
of 18 December 1989
oneconomicaidtocertaincountriesofCentralandEasternEurope
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THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
WhereastheCommunityanditsMemberStateshavedecidedtomakea
concertedefforttogetherwithcertainthirdcountries,inordertoimple-ment measures intended to support the process of economic and socialreform 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;
WhereastheCommunitymusthavethenecessarymeansatitsdisposal
to be able to implement such measures;
Whereas the fields in which measures are to be undertaken should be
determined;
WhereasitisnecessarytoestimatetheamountofCommunityfinancial
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 themeasures in question, powers other than those of Article 235,
HAS ADOPTED THIS REGULATION:
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Article 1
The Community shall make economic aid available to the countries of
CentralandEasternEuropelistedintheAnnexinaccordancewiththecriteria laid down in this Regulation.
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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
financingorparticipatinginthefinancingofprojectsaimedateconomic
restructuring.
Such projects or cooperation measures should be undertaken in partic-
ular in the areas of agriculture, industry, investment, energy, training,environmental protection, trade and services; they should be aimed inparticular at the private sector ►
M1of the countries referred to in
Article 1 ◄.
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The aid may also be used to provide humanitarian assistance.
(1) Opinion delivered on 14 December 1989 (not yet published in the Official
Journal).
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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 meas-ures to be financed pursuant to this Regulation.
Article 4
TheaidshallbegrantedbytheCommunity,eitherindependentlyorin
the form of cofinancing with the Member States, the European Invest-mentBank,thirdcountriesormultilateralbodiesortherecipientcoun-tries 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 ormeasures.
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. Maintenanceandoperatingcostsmaybecoveredfortrainingand
researchprogrammesandforotherprojects;however,forthelattersuchcostsmaybecoveredonlyinthestart-upstageandshallbedegressive.
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 50000for which the
Communityisthesolesourceofexternalaid,participationininvitationsto tender and contracts shall be open on equal terms to all natural andlegalpersonsoftheMemberStatesand ►
M1ofthecountriesreferred
to in Article 1 ◄.
2. Paragraph 1 shall apply also to cofinancing.3. In the case of cofinancing, however, the participation of third
countriesininvitationstotenderandcontractsmaybeauthorizedbytheCommission,butonlyonacase-by-casebasis,afterexaminationofthecase.
Article 8
TheCommissionshalladministertheaidtakingintoaccounttheproce-
durelaiddowninArticle9.Thegeneralguidelinesapplicabletotheaidand to sector-based programmes shall be adopted in accordance withthat procedure.
Article 9
1. Acommitteeonaidforeconomicrestructuring ►
M1inthecoun-
tries referred to in Article 1 ◄is hereby set up at the Commission,
consisting of representatives of the Member States and chaired by theCommissionrepresentative.AnobserverfromtheEuropeanInvestmentBank shall take part in the Committee’s proceedings with regard toquestions concerning the Bank.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmaylaydownaccordingtotheurgencyofthematter.TheopinionshallbedeliveredbythemajoritylaiddowninArticle148(2)oftheTreatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
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3. The Commission shall adopt decisions which shall apply imme-diately. However, if these decisions are not in accordance with theopinionofthecommittee,theyshallbecommunicatedbytheCommis-siontotheCouncilforthwith.InthateventtheCommissionshalldeferapplication of the measures which it has decided for a period of sixweeks.
The Council, acting by a qualified majority, may take a different
decision 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 tothe European Parliament, the Council and the Economic and SocialCommittee.
Article 11
ThisRegulationshallenterintoforceonthethirddayfollowingthatof
its publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX
BULGARIA
CZECHOSLOVAKIAGERMANDEMOCRATIC REPUBLICHUNGARYPOLANDROMANIAYUGOSLAVIA