25. 5. 94 Official Journal of the European Communities No L 130/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Economic Community, and in particular the second subparagraph of Article 130d thereof, Having regard to the proposal from the Commission ('), Having regard to the assent of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (%), Having regard to the opinion of the Committee of the Regions (%), Whereas Article 2 of the Treaty includes the task of promoting economic and social cohesion and solidarity among Member States as objectives essential to the Community’s development and success; whereas the strengthening of such cohesion is referred to in point (j) of Article 3 of the Treaty as one of the activities of the Community for the purposes set out in Article 2 of the Treaty ; Whereas Article 130a of the Treaty provides for the Community to develop and pursue its actions leading to the strengthening of its economic and social cohesion, and provides in particular that it shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least-favoured regions ; whereas Community action through the Cohe- sion Fund should support the achievement of the objec- tives set out in Article 130a; () OJ No C 39, 9. 2. 1994, p. 6. () Assent given on 5 May 1994 (not yet published in the Official Journal). () OJ No C 133, 16. 5. 1994. * OFinion delivered on § April 1994 (not yet published in the Official Journal). Whereas the conclusions of the European Councils held in Lisbon on 26 and 27 June 1992 and in Edinburgh on 11 and 12 December 1992 concerning the establishment of the Cohesion Fund set out the principles governing it ; Whereas the promotion of economic and social cohesion requires action by the Cohesion Fund in addition to that taken through the Structural Funds, the European Invest- ment Bank and the other financial instruments in the fields of the environment and transport infrastructure of common interest; Whereas the Protocol on economic and social cohesion annexed to the Treaty establishing the European Commu- nity reaffirms the Community’s task of promoting economic and social cohesion and solidarity between Member States and specifies that a Cohesion Fund will provide a financial contribution to projects in the fields of the environment and trans-European networks in the Member States subject to two conditions : firstly that they have a per capita gross national product (GNP) of less than 90 % of the Community average and secondly that they have a programme leading to the fulfilment of the conditions of economic convergence as set out in Article 104c of the Treaty ; whereas the relative prosperity of Member States is best assessed on the basis of per capita GNP, measured in purchasing power parities ; Whereas meeting the convergence criteria which are a precondition for moving to the third stage of economic and monetary union calls for a determined effort from the Member States concerned ; whereas, in this context, all of the beneficiary Member States are to submit to the Council a convergence programme designed for that purpose and to avoid excessive government deficits ; Whereas the second subparagraph of Article 130d of the Treaty states that the Council is to set up a Cohesion Fund before 31 December 1993 to provide a financial contribution to projects in the fields of environment and trans-European networks in the area of transport infra- structure ;