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
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: Cohesion Fund, European Regional Development Fund, European Social Fund, co-financing, economic and social cohesion, operational programme

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-financing rates in the operational programmes, by 

Member State and by objective, on the basis of objective criteria. Annex III to 

1 
2 
3 

OJ L 157, 21.6.2005, p. 11. 
OJ L 157, 21.6.2005, p. 203. 
OJ L 210, 31.7.2006, p. 25. 

 
                                                 
 
30.12.2006 

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Official Journal of the European Union 

L 411/7 

Regulation (EC) No 1083/2006 should be adapted 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 Structural and Cohesion Funds 

legislation is adopted as soon as possible so as to allow Bulgaria 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: 

Annex III to Regulation (EC) No 1083/2006 is replaced by the text in the Annex to this Regulation. 

Article 1 

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 

(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 

Spain  

(2) Member States other than 
those under (1) eligible for the 
transitional regime of the 
Cohesion Fund on 
1 January 2007. 

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 

Cohesion Fund 
Percentage of 
eligible expenditure 

85 % 

85 % 

 
 
 
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Official Journal of the European Union 

L 411/9 

Criteria 

Member States 

ERDF and ESF 

(3) Member States other than 
those referred to under (1) 
and (2). 

(4) Member States other than 
those referred to under (1) 
and (2). 

Percentage of eligible 
expenditure 

75 % for the 
Convergence 
objective 

50 % for the 
Regional 
competitiveness and 
employment 
objective 

Belgium, Denmark, 
Federal Republic of 
Germany, France, Ireland, 
Italy, Luxemburg, the 
Netherlands, Austria, 
Finland, Sweden and 
United Kingdom. 

Belgium, Denmark, 
Federal Republic of 
Germany, France, Ireland, 
Italy, Luxemburg, the 
Netherlands, Austria, 
Finland, Sweden and 
United Kingdom. 

Spain, France and 
Portugal 

50 % 

(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 

(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 

Cohesion Fund 
Percentage of 
eligible expenditure 

- 

- 

- 

- 

"