No C 248/14 Official Journal of the European Communities 2. 10. 90 
Draft proposal for a 
COUNCIL REGULATION 
of . . . 
concerning the activities of the Structural Funds in the territory of the former German Democratic 
Republic 
(90/C 248/09) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43, 127, 
130d, 130e and 153 thereof, 
Having regard to the proposal from the Commission (]), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and Social 
Committee (3), 
Whereas the European Economic Community has adopted a 
body of rules concerning the tasks of the Structural Funds, 
their effectiveness and the coordination of their activities 
between themselves and with the operations of the European 
Investment Bank and the other existing financial 
instruments; 
Whereas, from the date of German unification onwards, 
Community law will be fully applicable in the territory of the 
former German Democratic Republic; 
Whereas the special situation in that territory necessitates 
certain adjustments to Community acts concerning the 
Structural Funds; 
Whereas, in particular, there are no sufficiently reliable 
statistics to permit classification, in accordance with the 
criteria laid down in Council Regulation (EEC) 
No 2052/88 (4), of that territory in the categories of regions 
and areas covered by the regional and rural objectives; 
Whereas Community action must therefore be flexible 
during a transitional period; 
Whereas, pursuant to Article 8c of the Treaty, the 
Commission must take into account the extent of the effort 
that certain economies showing differences in development 
will have to sustain during the period of establishment of the 
internal market; 
(!) OJ No C . . . 
(2) OJ No C . . . 
(3) OJ No C . . . 
(4) OJ No L 185, 15. 7. 1988, p. 9. Whereas any derogations adopted for that purpose must be 
temporary and cause the least possible disturbance to the 
functioning of the common market; 
Whereas the necessary adjustments to the Community rules 
concerning objective 5a are the subject of Regulation (EEC) 
No . . ./90(5); 
Whereas, pursuant to Article 19 of Regulation (EEC) No 
2052/88, the Council must, on a proposal from the 
Commission, re-examine the said Regulation not later than 
31 December 1993, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2052/88, Council Regulation (EEC) 
No 4253/88 of 19 December 1988 laying down provisions 
for implementing Regulation (EEC) No 2052/88 (6), 
Council Regulation (EEC) No 4254/88 of 19 December 
1988 laying down provisions for implementing Regulation 
(EEC) No 2052/88 as regards the European Regional 
Development Fund (7), Council Regulation (EEC) 
No 4255/88 of 19 December 1988 laying down provisions 
for implementing Regulation (EEC) No 2052/88 as regards 
the European Social Fund (8) and Council Regulation (EEC) 
No 4256/88 of 19 December 1988 laying down provisions 
for implementing Regulation (EEC) No 2052/88 as regards 
the EAGGF Guidance Section (9) shall apply to the territory 
of the former German Democratic Republic, subject to the 
conditions laid down in this Regulation. 
Article 2 
1. Not later than 31 January 1991, Germany shall submit 
to the Commission a plan covering all structural operations 
envisaged under Article 1 of Regulation (EEC) No 2052/88 
in the territory of the former German Democratic Republic 
for the period ending on 31 December 1993. 
5) OJ No L . . . 
6) OJ No L 374, 31. 12. 1988, p. 1. 
7) OJ No L 374, 31. 12. 1988, p. 15. 
8) OJ No L 374, 31. 12. 1988, p. 21. 
") OJ No L 374, 31. 12. 1988, p. 25. 
2. 10. 90 Official Journal of the European Communities No C 248/15 
The plan shall contain: 
— an analysis of the socio-economic situation based on the 
available data, 
— a description of the main priorities adopted for 
Community assistance, 
— the information concerning measures under objective 
5a, 
— indications of how the envisaged assistance from the 
Funds, the European Investment Bank and the other 
financial instruments is to be used to realize the plan. 
2. The plan may also provide for measures to be taken in 
pursuit of the objectives envisaged by the Community 
initiatives provided for in Article 11 of Regulation (EEC) No 
4253/88. 
3. A Community support framework for the structural 
operations, covering the period ending on 31 December 
1993, shall be drawn up within a period of three months 
starting on the date of submission of the plan. 
4. The Community support framework shall be drawn up 
in accordance with Article 8 (5) of Regulation (EEC) 
No 2052/88 and Articles 8 (3) and 11 of Regulation (EEC) 
No 4253/88. 
5. By way of exception, given the absence of adequate 
statistical information on the territory in question, the 
Community support framework shall determine the regions 
and areas covered by structural measures falling within 
objectives 1, 2 and 5b. 
Article 3 
1. The Community expenditure considered necessary to 
finance the action which is the subject of this Regulation 
through the ERDF, the ESF and the EAGGF Guidance 
This Regulation shall be binding in its 
States. 
Done at Brussels, . . . Section shall amount to ECU 3 000 million (1991 prices) for 
1991 to 1993. 
To this amount shall be added, for the EAGGF Guidance 
Section, the amount of ECU 25 million (1991 prices) 
considered necessary for the set-aside scheme. 
2. The commitment appropriations corresponding to the 
amount referred to in paragraph 1 shall be in addition to the 
amounts referred to in Article 12 (2) of Regulation (EEC) 
No 2052/88. 
They shall not be taken into account for the application of 
paragraphs 3 to 6 of that Article. 
Article 4 
Article 1 (5) and (6) of Regulation (EEC) No 4255/88 shall 
apply to the territory of the former German Democratic 
Republic. 
Article 7 of Regulation (EEC) No 4255/88 shall not 
apply. 
Article 5 
Verification of compliance with Article 7 (1) of Regulation 
(EEC) No 2052/88 shall be carried out on the basis of the 
amendments made to Community provisions to take account 
of the special situation in the territory of the former German 
Democratic Republic. 
Article 6 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
entirety and directly applicable in all Member 
For the Council 
The President