CELEX: 51990PC0400(23)
Language: en
Date: 1990-08-31
Title: DRAFT PROPOSAL FOR A COUNCIL REGULATION CONCERNING THE ACTIVITIES OF THE STRUCTURAL FUNDS IN THE TERRITORY OF THE FORMER GERMAN DEMOCRATIC REPUBLIC

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,                               Whereas any derogations adopted for that purpose must be
                                                                        temporary and cause the least possible disturbance to the
Having regard to the Treaty establishing the European                  functioning of the common market;
Economic Community, and in particular Articles 43, 127,
 130d, 130e and 153 thereof,                                           Whereas the necessary adjustments to the Community rules
                                                                       concerning objective 5a are the subject of Regulation (EEC)
                                                                       No . . . / 9 0 ( 5 ) ;
Having regard to the proposal from the Commission ( ] ),
                                                                       Whereas, pursuant to Article 19 of Regulation (EEC) No
In cooperation with the European Parliament (2),                       2052/88, the Council must, on a proposal from the
                                                                       Commission, re-examine the said Regulation not later than
                                                                       31 December 1993,
Having regard to the opinion of the Economic and Social
Committee ( 3 ),
Whereas the European Economic Community has adopted a                  HAS ADOPTED THIS REGULATION:
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                                                    Article 1
instruments;
                                                                       Regulation (EEC) No 2052/88, Council Regulation (EEC)
                                                                       No 4253/88 of 19 December 1988 laying down provisions
Whereas, from the date of German unification onwards,
                                                                       for implementing Regulation (EEC) No 2052/88 ( 6 ),
Community law will be fully applicable in the territory of the
                                                                       Council Regulation (EEC) No 4254/88 of 19 December
former German Democratic Republic;
                                                                        1988 laying down provisions for implementing Regulation
                                                                       (EEC) No 2052/88 as regards the European Regional
Whereas the special situation in that territory necessitates           Development Fund ( 7 ), Council Regulation            (EEC)
certain adjustments to Community acts concerning the                   No 4255/88 of 19 December 1988 laying down provisions
Structural Funds;                                                      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
Whereas, in particular, there are no sufficiently reliable             for implementing Regulation (EEC) No 2052/88 as regards
statistics to permit classification, in accordance with the            the EAGGF Guidance Section (9) shall apply to the territory
criteria laid down in Council Regulation (EEC)                         of the former German Democratic Republic, subject to the
No 2052/88 (4), of that territory in the categories of regions         conditions laid down in this Regulation.
and areas covered by the regional and rural objectives;
Whereas Community action must therefore be flexible
                                                                                                    Article 2
during a transitional period;
                                                                        1.    Not later than 31 January 1991, Germany shall submit
Whereas, pursuant to Article 8c of the Treaty, the                     to the Commission a plan covering all structural operations
Commission must take into account the extent of the effort             envisaged under Article 1 of Regulation (EEC) No 2052/88
that certain economies showing differences in development              in the territory of the former German Democratic Republic
will have to sustain during the period of establishment of the         for the period ending on 31 December 1993.
internal market;
                                                                         5
                                                                          ) OJ No   L...
                                                                         6
(!) OJ No C . . .                                                         ) OJ No   L 374, 31. 12. 1988, p. 1.
                                                                         7
(2) OJ No C . . .                                                        8
                                                                          ) OJ No   L 374, 31. 12. 1988, p. 15.
(3) OJ No C . . .                                                         ) OJ No   L 374, 31. 12. 1988, p. 21.
(4) OJ No L 185, 15. 7. 1988, p. 9.                                     ")  OJ No   L 374, 31. 12. 1988, p. 25.
 ---pagebreak--- 2. 10. 90                                  Official Journal of the European Communities                                 No C 248/15
The plan shall contain:                                               Section shall amount to ECU 3 000 million (1991 prices) for
                                                                      1991 to 1993.
— an analysis of the socio-economic situation based on the
    available data,                                                   To this amount shall be added, for the EAGGF Guidance
— a description of the main priorities adopted               for      Section, the amount of ECU 25 million (1991 prices)
    Community assistance,                                             considered necessary for the set-aside scheme.
— the information concerning measures under objective                 2.     The commitment appropriations corresponding to the
     5a,                                                              amount referred to in paragraph 1 shall be in addition to the
                                                                      amounts referred to in Article 12 (2) of Regulation (EEC)
— indications of how the envisaged assistance from the                No 2052/88.
     Funds, the European Investment Bank and the other
     financial instruments is to be used to realize the plan.         They shall not be taken into account for the application of
                                                                      paragraphs 3 to 6 of that Article.
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.                                                                                          Article 4
3.      A Community support framework for the structural              Article 1 (5) and (6) of Regulation (EEC) No 4255/88 shall
operations, covering the period ending on 31 December                 apply to the territory of the former German Democratic
1993, shall be drawn up within a period of three months               Republic.
starting on the date of submission of the plan.
                                                                      Article 7 of Regulation (EEC) No 4255/88 shall not
4.      The Community support framework shall be drawn up             apply.
in accordance with Article 8 (5) of Regulation (EEC)
No 2052/88 and Articles 8 (3) and 11 of Regulation (EEC)
No 4253/88.                                                                                       Article 5
5.      By way of exception, given the absence of adequate            Verification of compliance with Article 7 (1) of Regulation
statistical information on the territory in question, the             (EEC) No 2052/88 shall be carried out on the basis of the
Community support framework shall determine the regions               amendments made to Community provisions to take account
and areas covered by structural measures falling within               of the special situation in the territory of the former German
objectives 1, 2 and 5b.                                               Democratic Republic.
                            Article 3                                                             Article 6
1.      The Community expenditure considered necessary to             This Regulation shall enter into force on the day of its
finance the action which is the subject of this Regulation            publication in the Official Journal of the European
through the ERDF, the ESF and the EAGGF Guidance                      Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, . . .
                                                                                              For the Council
                                                                                                The President