COUNCIL REGULATION (EEC) No 3557/90   of  4 December 1990   on financial aid for the countries most directly affected by the Gulf crisis
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular  Article 235 thereof,
Having regard to the proposal from the Commission  (1),
Having regard to the opinion of the European Parliament  (2),
Whereas the Community and its Member States have decided to combine forces in order to mount an  operation to give financial aid to the countries most directly affected by the Gulf crisis and, in  particular, by strict implementation of the embargo decided on by the United Nations' Security  Council;
Whereas the Community must have the means to undertake the said operation;
Whereas the amount of Community financial resources needed to carry out this operation in 1991 has  to be estimated and whereas the definitive amounts are adopted by the budgetary authority in  keeping with the financial perspectives covering the period 1988 to 1992 attached to the  Interinstitutional Agreement of 29 June 1988  (3);
Whereas the breakdown of funds among the three countries most affected will have to be based on an  analysis of the injury suffered and take account of the contributions of all donors;
Whereas the carrying out of this operation is such as to contribute to the achievement of  Community objectives;
Whereas the Treaty does not provide, for the adoption of this Regulation, powers other than those  of Article 235,
The Community shall provide financial  aid for Egypt, Jordan and Turkey.
The amount necessary for the implementation of the  operation referred to in Article 1 is estimated at ECU 500 million - primarily in the form of  non-reimbursable aid, the rest in the form of loans - to be charged in full against the 1991  budget.
However, the financial implementation of this Regulation may take place only when the budget for  1991 and the budget estimates have been suitably amended according to the procedure provided for in  respect of each of these cases.
The aid shall be earmarked in particular to cover the  cost of importing capital goods and spare parts and local budgetary expenditure incurred by the  beneficiary countries as a result of the Gulf crisis. It shall be provided in instalments.
The general guidelines governing this aid and its breakdown among the beneficiary countries shall  be adopted in accordance with the procedure laid down in Article 5.
The Commission  shall ensure that the funds are used in accordance with the aims of this Regulation by the  beneficiary countries, which shall be required to provide a programme specifying the use to be made  of the funds, and a report on the actual use made thereof afterwards.
The Commission shall ensure that the financial aid is coordinated with that of international  financial institutions and other donor countries.
1.  The Commission shall be assisted  by a Committee composed of representatives of the Member States and chaired by a representative of  the Commission.
2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The Chairman  shall not vote.
3.  The Commission shall adopt measures which shall apply immediately. However, if these measures  are not in accordance with the opinion of the Committee, they shall be communicated by the  Commission to the Council forthwith.
In that event, the Commission shall defer application of the measures which it has decided for a  period not exceeding two months from the date of communication.
The Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the previous subparagraph.
The Commission shall present a report to the  European Parliament and the Council on the implementation of the aid operations carried out under  this Regulation by 28 February 1992.
This Regulation shall enter into force on the  third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.