Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic of Hungary and the Polish People's Republic
Modified by
  • Council Regulation (EEC)No 2698/90of 17 September 1990amending Regulation (EEC) No 3906/89 in order to extend economic aid to other countries of Central and Eastern Europe, 31990R2698, September 21, 1990
  • Council Regulation (EEC) No 3800/91of 23 December 1991amending Regulation (EEC) No 3906/89 in order to extend economic aid to include other countries in central and eastern Europe, 31991R3800, December 28, 1991
  • Council Regulation (EEC) No 2334/92of 7 August 1992amending Regulation (EEC) No 3906/89 in order to extend economic aid to include Slovenia, 31992R2334, August 11, 1992
  • Council Regulation (EEC) No 1764/93of 30 June 1993amending Regulation (EEC) No 3906/89 on economic aid for certain countries of central and eastern Europe, 31993R1764, July 3, 1993
  • Council Regulation (EC)No 1366/95of 12 June 1995amending Regulation (EEC) No 3906/89 in order to extend economic aid to Croatia, 31995R1366, June 17, 1995
  • Council Regulation (EC)No 463/96of 11 March 1996amending Regulation (EEC) No 3906/89 with a view to extending economic assistance to the Former Yugoslav Republic of Macedonia, 31996R0463, March 15, 1996
  • Council Regulation (EC)No 753/96of 22 April 1996amending Regulation (EEC) No 3906/89 with a view to extending economic aid to Bosnia and Herzegovina, 31996R0753, April 26, 1996
  • Council Regulation (EC)No 1266/1999of 21 June 1999on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89, 31999R1266, June 26, 1999
  • Council Regulation (EC)No 2666/2000of 5 December 2000on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC, 32000R2666, December 7, 2000
  • Council Regulation (EC)No 2500/2001of 17 December 2001concerning pre-accession financial assistance for Turkey and amending Regulations (EEC) No 3906/89, (EC) No 1267/1999, (EC) No 1268/1999 and (EC) No 555/2000, 32001R2500, December 27, 2001
  • Council Regulation (EC)No 807/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (unanimity), 32003R0807, May 16, 2003
  • Council Regulation (EC)No 769/2004of 21 April 2004amending Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC) No 2500/2001, (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process countries to participate in tenders organised under the pre-accession Community assistance programmes, 32004R0769, April 27, 2004
  • Council Regulation (EC) No 2257/2004of 20 December 2004amending Regulations (EEC) No 3906/89, (EC) No 1267/1999, (EC) No 1268/1999 and (EC) No 2666/2000, to take into account of Croatia's candidate status, 32004R2257, December 30, 2004
  • Council Regulation (EC) No 1085/2006of 17 July 2006establishing an Instrument for Pre-Accession Assistance (IPA), 32006R1085, July 31, 2006
Council Regulation (EEC) No 3906/89of 18 December 1989on economic aid to certain countries of Central and Eastern Europe 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,Having regard to the opinion of the European ParliamentOpinion delivered on 14 December 1989 (not yet published in the Official Journal).,Whereas the Community and its Member States have decided to make a concerted effort together with certain third countries, in order to implement measures intended to support the process of economic and social reform under way in Hungary and Poland;Whereas the Community has concluded Agreements on trade and commercial and economic cooperation with the Republic of Hungary and the Polish People's Republic;Whereas the Community must have the necessary means at its disposal to be able to implement such measures;Whereas the fields in which measures are to be undertaken should be determined;Whereas it is necessary to estimate the amount of Community financial resources needed to carry out these measures in 1990;Whereas the implementation of such measures will help to achieve the Community's aims and whereas the Treaty does not provide, for the measures in question, powers other than those of Article 235,HAS ADOPTED THIS REGULATION:
Article 1The Community shall make economic aid available to the countries of Central and Eastern Europe listed in the Annex in accordance with the criteria laid down in this Regulation.
Article 2The amount of Community resources as necessary to carry out the measures introduced by this Regulation amount to ECU 300 million for the period expiring on 31 December 1990.
Article 31.The aid shall be used primarily to support the process of reform in the countries referred to in Article 1, in particular by financing or participating in the financing of projects aimed at economic restructuring.Such projects or cooperation measures should be undertaken in particular in the areas of agriculture, industry, investment, energy, training, environmental protection, trade and services; they should be aimed in particular at the private sector of the countries referred to in Article 1.The aid may also be used to provide humanitarian assistance.2.Account shall be taken, inter alia, of the preferences and wishes expressed by the recipient countries concerned in the choice of measures to be financed pursuant to this Regulation.3.For applicant countries with accession partnerships with the European Union, funding under the PHARE programme shall focus on the main priorities for the adoption of the acquis communautaire, i.e. building up the administrative and institutional capacities of the applicant States and investment, except for the type of investments financed in accordance with Council Regulations (EC) No 1267/1999 of 21 June 1999 establishing an instrument for structural policies for pre-accessionOJ L 161, 26.6.1999, p. 73. Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1). and (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in pre-accession periodOJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 769/2004., provided the conditions for funding measures under those two Regulations are met. PHARE funding may also be used to finance the measures in the fields of environment, transport and agriculture and rural development which form an incidental but indispensable part of integrated industrial reconstruction or regional development programmes.4.Assistance may be used to cover the participation of recipient countries under this Regulation in regional, cross-border, and, where appropriate, transnational and interregional cooperation among themselves and between them and EU Member States.5.Where appropriate, aid may also be used to cover a recipient country's participation in regional programmes under other legal instruments.
Article 4The aid shall be granted by the Community, either independently or in the form of cofinancing with the Member States, the European Investment Bank, third countries or multilateral bodies or the recipient countries themselves.
Article 5Community aid shall in general be in the form of grants. They may generate funds that can be used for financing cooperation projects or measures.
Article 61.The aid may cover expenditure on imports and local expenditure needed to carry out the projects and programmes.Taxes, duties and charges and the purchase of property shall be excluded from Community financing.2.Maintenance and operating costs may be covered for training and research programmes and for other projects; however, for the latter such costs may be covered only in the start-up stage and shall be degressive.3.However, in the case of cofinancing, account shall be taken in each case of the procedures applied by the other providers of capital.
Article 71.Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons from the Member States coming within the scope of the Treaties, from candidate countries for accession to the European Union as well as from countries benefiting from assistance in accordance with Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of MacedoniaOJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2415/2001 (OJ L 327, 13.12.2001, p. 3).. The contracting authority may, in duly substantiated cases and on a case-by-case basis, authorise the participation of natural and legal persons from third countries in invitations to tender and contracts.2.Supplies shall, within the scope of the Treaties, originate in the Member States, in candidate countries for accession to the European Union or in countries benefiting from assistance in accordance with Regulation (EC) No 2666/2000. In duly substantiated cases and on a case-by-case basis, the contracting authority may give derogation from this requirement.
Article 8The Commission shall administer the aid taking into account the procedure laid down in Article 9. The general guidelines applicable to the aid and to sector-based programmes shall be adopted in accordance with that procedure.The Commission may, within the limits established in Article 54 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European CommunitiesOJ L 248, 16.9.2002, p. 1., decide to entrust tasks of public authority, and in particular budget implementation tasks to the bodies listed in Article 54(2) of that Regulation. The bodies defined in Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 may be entrusted with tasks of public authority if they are of recognised international standing, comply with internationally recognised systems of management and control, and are supervised by a public authority.
Article 91.The Commission shall be assisted by a committee referred to as the committee on aid for economic restructuring in the countries referred to in Article 1. An observer from the European Investment Bank shall take part in the committee's proceedings with regard to questions concerning the Bank.2.Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/ECOJ L 184, 17.7.1999, p. 23. shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at six weeks.3.The committee shall adopt its rules of procedure.
Article 10From 1990 the Commission shall draw up each year a report on the implementation of co-operation operations. The report shall be sent to the European Parliament, the Council and the Economic and Social Committee.
Article 11This 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.ANNEXBulgariaCroatiaRomania