L 411/6 EN Official Journal of the European Union 30.12.2006 
 
Council Regulation (EC) No 1989/2006 
of 21 December 2006 
amending Annex III to Regulation (EC) No 1083/2006 
laying down general provisions on the European Regional Development Fund, 
the European Social Fund and the Cohesion Fund 
and repealing Regulation (EC) No 1260/1999 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty of Accession of Bulgaria and Romania1, and in particular Article 4(3) 
thereof, 
Having regard the Act of Accession of Bulgaria and Romania2, and in particular Article 56 thereof, 
Having regard to the proposal from the Commission, 
Whereas: 
(1) Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 
1 January 2007, and require adaptation by reason of accession, and the necessary 
adaptations have not been provided for in the Act of Accession or its Annexes, the 
necessary acts shall be adopted by the Council, unless the Commission adopted the original act. 
(2) Council Regulation (EC) No 1083/20063 defines the general rules governing the assistance 
of the European Regional Development Fund, the European Social Fund and the 
Cohesion Fund and their objectives. Pursuant to Article 53, Annex III to that Regulation 
establishes the ceilings applicable to co-fin ancing rates in the ope rational programmes, by 
Member State and by objective, on the ba sis of objective criteria. Annex III to 
                                                 
1 OJ L 157, 21.6.2005, p. 11. 
2 OJ L 157, 21.6.2005, p. 203. 
3 OJ L 210, 31.7.2006, p. 25. 
 
30.12.2006 EN Official Journal of the European Union L 411/7 
 
Regulation (EC) No 1083/2006 should be adap ted in order to take  into account the 
accession of Bulgaria and Romania to the European Union. 
(3) It is necessary to ensure that any technical  adaptation to the Struct ural and Cohesion Funds 
legislation is adopted as soon as possible so as to allow Bu lgaria and Romania to present 
programming documents as from the date of their accession to the European Union. 
(4) Regulation (EC) No 1083/2006 should  therefore be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Annex III to Regulation (EC) No 1083/2006 is replaced by the text in the Annex to this Regulation. 
Article 2 
This Regulation shall enter into force only subject to  and on the date of the entry into force of the 
Treaty of Accession of Bulgaria and Romania. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 21 December 2006. 
 For the Council 
 The President 
 J. KORKEAOJA 
 
L 411/8 EN Official Journal of the European Union 30.12.2006 
 
ANNEX  
"ANNEX III 
Ceilings applicable to co-financing rates 
(referred to in Article 53) 
 
Criteria Member States ERDF and ESF 
Percentage of eligible 
expenditure Cohesion Fund 
Percentage of 
eligible expenditure  
(1) Member States whose 
average GDP per capita for the period 2001 to 2003 was below 85 % of the EU-25 average during the same period. Bulgaria, Czech Republic, Estonia, Greece, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovenia, Slovakia  85 %  for the 
Convergence and Regional competitiveness and employment objectives 85 % 
(2) Member States other than those under (1) eligible for the transitional regime of the Cohesion Fund on 1 January 2007. Spain  80 %  for the 
Convergence and the phasing-in regions under the Regional competitiveness and employment objective 
50 %  for the 
Regional competitiveness and employment objective outside phasing-in regions 85 % 
 
30.12.2006 EN Official Journal of the European Union L 411/9 
 
Criteria Member States ERDF and ESF 
Percentage of eligible 
expenditure Cohesion Fund 
Percentage of 
eligible expenditure  
(3) Member States other than 
those referred to under (1) and (2). Belgium, Denmark, Federal Republic of Germany, France, Ireland, Italy, Luxemburg, the Netherlands, Austria, Finland, Sweden and United Kingdom. 75 %  for the 
Convergence objective - 
(4) Member States other than those referred to under (1) and (2). Belgium, Denmark, Federal Republic of Germany, France, Ireland, Italy, Luxemburg, the Netherlands, Austria, Finland, Sweden and United Kingdom. 50 %  for the 
Regional competitiveness and employment objective - 
(5) Outermost Regions referred to in Article 299(2) of the Treaty benefiting from the additional allocation for these regions provided for in paragraph 20 of Annex II Spain, France and Portugal 50 % - 
(6) Outermost Regions referred to in Article 299(2) of the Treaty Spain, France and Portugal 85 %  under the 
Convergence and Regional competitiveness and employment objectives - 
"