CELEX: 32006R1989
Language: en
Date: 2006-12-21 00:00:00
Title: 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

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 Romania 1 , and in particular Article 4(3)
thereof,
Having regard the Act of Accession of Bulgaria and Romania 2 , 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 1083/2006 3 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
        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.
 ---pagebreak--- 30.12.2006           EN             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:
                                                   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
 ---pagebreak---     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           Cohesion Fund
                                                                                               Percentage of
                                                                    Percentage of eligible eligible expenditure
                                                                         expenditure
(1) Member States whose          Bulgaria, Czech Republic,          85 % for the                   85 %
average GDP per capita for       Estonia, Greece, Cyprus,           Convergence and
the period 2001 to 2003 was      Latvia, Lithuania,                 Regional
below 85 % of the EU-25          Hungary, Malta, Poland,            competitiveness and
average during the same          Portugal, Romania,                 employment
period.                          Slovenia, Slovakia                 objectives
(2) Member States other than     Spain                              80 % for the                   85 %
those under (1) eligible for the                                    Convergence and the
transitional regime of the                                          phasing-in regions
Cohesion Fund on                                                    under the Regional
1 January 2007.                                                     competitiveness and
                                                                    employment
                                                                    objective
                                                                    50 % for the
                                                                    Regional
                                                                    competitiveness and
                                                                    employment
                                                                    objective outside
                                                                    phasing-in regions
 ---pagebreak---     30.12.2006          EN            Official Journal of the European Union                          L 411/9
             Criteria                   Member States                  ERDF and ESF           Cohesion Fund
                                                                                               Percentage of
                                                                    Percentage of eligible eligible expenditure
                                                                         expenditure
(3) Member States other than     Belgium, Denmark,                  75 % for the                     -
those referred to under (1)      Federal Republic of                Convergence
and (2).                         Germany, France, Ireland,          objective
                                 Italy, Luxemburg, the
                                 Netherlands, Austria,
                                 Finland, Sweden and
                                 United Kingdom.
(4) Member States other than     Belgium, Denmark,                  50 % for the                     -
those referred to under (1)      Federal Republic of                Regional
and (2).                         Germany, France, Ireland,          competitiveness and
                                 Italy, Luxemburg, the              employment
                                 Netherlands, Austria,              objective
                                 Finland, Sweden and
                                 United Kingdom.
(5) Outermost Regions            Spain, France and                  50 %                             -
referred to in Article 299(2) of Portugal
the Treaty benefiting from the
additional allocation for these
regions provided for in
paragraph 20 of Annex II
(6) Outermost Regions            Spain, France and                  85 % under the                   -
referred to in Article 299(2) of Portugal                           Convergence and
the Treaty                                                          Regional
                                                                    competitiveness and
                                                                    employment
                                                                    objectives
                                                                                                            "