Proposal for a Regulation of the European Parliament and of the Council on Union guidelines for the development of the Trans-European Transport Network - Presidency compromise text proposal

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COU CIL OFBrussels, 24 ovember 2011

THE EUROPEA U IO

16061/11

Interinstitutional File: 2011/0294 (COD)

TRA S 288 ECOFI 722

E V 822 RECH 350 CODEC 1818 -

OTE

from: General Secretariat of the Council

to: Delegations

No. Cion prop.: 15629/11 TRANS 276 ECOFIN 688 ENV 778 RECH 336 CODEC 1699

Subject: Proposal for a Regulation of the European Parliament and of the Council on Union guidelines for the development of the Trans-European Transport Network Presidency compromise text proposal

In view of the Working Party on Transport Intermodal Questions and Networks on 28 November

2011, delegations will find attached the above document.

The Presidency proposals compared to ST 15629/11 are in bold and deletions are marked with

simple strikethrough.

_________________

AEX

Proposal for a

REGULATIO OF THE EUROPEA PARLIAME T A D OF THE COU CIL

on Union guidelines for the development of the Trans-European Transport etwork

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172

thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee ,

Having regard to the opinion of the Committee of the Regions ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

[(1) Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on

Community guidelines for the development of the trans-European transport network was

recast in the interest of clarity by Decision No 661/2010/EU of the European Parliament and

of the Council of 7 July 2010 on Union guidelines for the development of the trans-European

transport network.

(2) The planning, development and operation of trans-European transport networks contribute to

the attainment of major Union objectives, such as the smooth functioning of the internal

market and the strengthening of economic and social cohesion and also have the specific

objectives of allowing the seamless and sustainable mobility of persons and goods and

ensuring accessibility for all regions of the Union.

(3) These specific objectives should be achieved by establishing interconnections and

interoperability between national transport networks in a resource-efficient way.

(4) Growth in traffic has resulted in increased congestion on international transport corridors. In

order to ensure the international mobility of goods and passengers, the capacity of the trans-

European transport network and the use of this capacity should be optimised and, if necessary,

expanded by removing infrastructure bottlenecks and bridging missing infrastructure links

within and between Member States.

(5) As stated in the White Paper on Transport "Roadmap to a Single European Transport Area

Towards a competitive and resource efficient transport system", the efficiency and

effectiveness of transport can be significantly enhanced by ensuring a better modal integration

across the network, in terms of infrastructure, information flows and procedures.

(6) The White Paper calls for the deployment of transport-related information and communication

technology to ensure improved and integrated traffic management and to simplify

administrative procedures through improved freight logistics, cargo tracking and tracing, and

optimised schedules and traffic flows. As such measures promote the efficient management

and use of transport infrastructure they should fall within the scope of this Regulation.

(7) The trans-European transport network policy has to take into account the evolution of the

transport policy and infrastructure ownership. In the past, Member States were the principal

entity in charge of creating and maintaining transport infrastructure. However, other entities,

including private, have also become relevant for the realisation of a multimodal trans-

European transport network, including for example infrastructure managers, concessionaires

or port and airports authorities.

(8) The trans-European transport network consists to a large extent of existing infrastructure. This

existing infrastructure is managed by different public and private entities. In order to achieve

fully the objectives of the new trans-European transport network policy, uniform requirements

regarding the infrastructure have to be established in a Regulation in order to be complied

with by any entity responsible for the infrastructure of the trans-European transport network.

(9) The trans-European transport network should best be developed through a dual layer

approach, consisting of a comprehensive network and a core network, these two layers being

the highest level of infrastructure planning within the Union.

(10) The comprehensive network should be a European-wide transport network ensuring the

accessibility of all regions in the Union, including the remote and outermost regions, as also

pursued by the Integrated Maritime Policy, and strengthening cohesion between them. The

guidelines should set the requirements for the infrastructure of the comprehensive network, in

order to achieve a high-quality network throughout the Union by 2050.

(11) The core network should be identified and implemented as a priority within the framework

provided by the comprehensive network by 2030. It should constitute the backbone of the

development of a multi-modal transport network and stimulate the development of the entire

comprehensive network. It should enable Union action to concentrate on those components of

the trans-European transport network with the highest European added value, in particular

cross-border sections, missing links, multi-modal connecting points and major bottlenecks.

(12) In order to establish the core and the comprehensive network in a coordinated and timely

manner, allowing thereby maximising the network benefits, Member States concerned should

ensure that the projects of common interest are finalised by 2030 and 2050 respectively.

(13) It is necessary to identify projects of common interest which will contribute to the

achievement of the trans-European transport network and which correspond to the priorities

established in the guidelines.

(14) Projects of common interest should demonstrate a clear European added value. Cross-border

projects typically have high European added value, but may have lower direct economic

effects compared to purely national projects. Therefore, they are likely not to be implemented

without Union intervention.

(15) As the development and implementation of the trans-European transport network is not solely

carried out by Member States, all promoters of projects of common interest such as local and

regional authorities, infrastructure managers or other private or public entities should be

subject to the rights and obligations of this Regulation, as well other relevant Union and

national rules and procedures, when carrying out such projects.

(16) Cooperation with neighbouring and third countries is necessary to ensure connection and

interoperability between the respective infrastructure networks. Therefore the Union should

where appropriate promote projects of mutual interest with those countries.

(17) In order to achieve modal integration across the network, adequate planning of the trans-

European transport network is required. This also implies the implementation of specific

requirements throughout the network in terms of infrastructure, intelligent transport systems,

equipment, and services. It is therefore necessary to ensure adequate and concerted

deployment of such requirements across Europe for each transport mode and for their

interconnection across the trans-European transport network and beyond, in order to obtain

the benefits of the network effect and to enable efficient long-range trans-European transport

operations.

(18) In order to determine existing and planned transport infrastructures for the comprehensive and

the core network, maps should be provided and adapted over time to take into account the

evolution of traffic flows. The technical basis of the maps is provided by the Commission's

TENtec system which contains a higher level of detail concerning the trans-European

transport infrastructure.

(19) The guidelines should set priorities in order to achieve the objectives within the given time

horizon.

(20) Intelligent transport systems are necessary to provide the basis for optimising of traffic and

transport operations and improving related services.

(21) The guidelines should provide for the development of the comprehensive network in urban

nodes, as those nodes are the starting point or the final destination ("last mile") for passengers

and freight moving on the trans-European transport network and are points of transfer within

or between different transport modes.

(22) The trans-European transport network, thanks to its large scale, should provide the basis for

the large-scale deployment of new technologies and innovation, which, for example, can help

enhance the overall efficiency of the European transport sector and curb its carbon footprint.

This will contribute towards the Europe 2020 strategy and the Transport White Paper's target

of a 60% cut in greenhouse gas emissions by 2050 (based on 1990 levels) and at the same

time contribute to the objective of increasing fuel security for the Union.

(23) The trans-European transport network has to ensure efficient multi-modality in order to allow

better modal choices to be made and large volumes to be consolidated for transfers over long

distances. This will make multi-modality economically more attractive for shippers.

(24) In order to achieve a high-quality and efficient transport infrastructure across all modes the

guidelines should contain provisions regarding the security and safety of passengers and

freight movements, the impact of climate change and of potential natural and man-made

disasters on infrastructure and accessibility for all transport users.

(25) The core network should be a subset of the comprehensive network overlaying it. It should

represent the strategically most important nodes and links of the trans-European transport

network, according to traffic needs. It should be multi-modal, i.e. include all transport modes

and their connections as well as relevant traffic and information management systems.

(26) In order to implement the core network within the given time horizon, a corridor approach

could be used as an instrument to coordinate on a transnational basis different projects and

synchronise the development of the corridor, thereby maximising network benefits.

(27) Core network corridors should also address wider transport policy objectives and facilitate

modal integration and multi-modal operations. This should allow specially developed

corridors that are optimised in terms of energy use and emissions, thus minimising

environmental impacts, and are also attractive for their reliability, limited congestion and low

operating and administrative costs. An initial list of corridors should be included in the

Regulation (EU) XXX/2012 [Connecting Europe Facility], but should be adaptable in order to

take account of changes in traffic flows.

(28) Designing the right governance structure and identifying the sources of financing for complex

cross-border projects would be eased by creating corridor platforms for such core network

corridors. European Coordinators should facilitate the coordinated implementation of the core

network corridors.

(29) In developing core network corridors due account should be given to the rail freight corridors

set up in accordance with Regulation (EU) No 913/2010 of 22 September 2010 of the

European Parliament and of the Council concerning a European rail network for competitive

freight as well as to the European Deployment Plan for ERTMS provided for in Commission

Decision 2009/561/EC of 22 July 2009 amending Decision 2006/679/EC as regards the

implementation of the technical specification for interoperability relating to the control-

command and signalling subsystem of the trans-European conventional rail system.

(30) In order to maximise consistency between the guidelines and the programming of the relevant

financial instruments available at Union level, trans-European transport network funding

should be based on this Regulation and draw on the Connecting Europe Facility.

Correspondingly, it should aim at aligning and combining funding from relevant internal and

external instruments such as structural and cohesion funds, the Neighbourhood Investment

Facility (NIF), the Instrument for Pre-Accession Assistance (IPA), and from financing from

the European Investment Bank, the European Bank for Reconstruction and Development and

other financial institutions. In particular, when developing the trans-European transport

network, Member States should take into account to the ex ante conditionalities applicable to

transport as provided for in Annex IV to Regulation (EU) No XXX2012 [Regulation laying

down common provisions on the European Regional Development Fund, the European Social

Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the

European Maritime and Fisheries Fund covered by the Common Strategic Framework and

laying down general provisions on the European Regional Development Fund, the European

Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006].

(31) In order to update the Annexes and in particular the maps to take into account possible

changes resulting from the actual usage of certain elements of transport infrastructure

analysed against pre-established quantitative thresholds, the power to adopt acts in accordance

with Article 290 of the Treaty on the Functioning of the European Union should be delegated

to the Commission in respect of amendments to the Annexes. It is of particular importance for

the Commission to carry out appropriate consultations during its preparatory work, including

at expert level. The Commission, when preparing and drawing-up delegated acts, should

ensure a simultaneous, timely and appropriate transmission of relevant documents to the

European Parliament and to the Council.

(32) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission. Those powers should be

exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and

of the Council of 16 February 2011 laying down the rules and general principles concerning

mechanisms for control by Member States of the Commission's exercise of implementing

powers.

(33) Since the objectives of the action to be taken, and in particular the coordinated establishment

and development of the trans-European transport network, cannot be sufficiently achieved by

the Member States and can therefore, by reason of the need for coordination of these

objectives, be better achieved at Union level, the Union may adopt measures in accordance

with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In

accordance with the principle of proportionality, as also set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives,]

HAVE ADOPTED THIS REGULATION:

CHAPTER

I

GE ERAL PRI CIPLES

Article 1

Subject matter

  • 1. 
    This [Regulation] establishes the Union guidelines (hereinafter "the guidelines") for the

development of a trans-European transport network which determine the infrastructure of the

trans-European transport network within which projects of common interest and projects of

mutual interest are identified comprising a dual-layer structure: a comprehensive part of

the network (the "comprehensive network") and a core part of the network (the "core

network"), and identifies projects of common interest.

  • 2. 
    The guidelines It specifies the requirements to be respected by the entities responsible for

management of the infrastructure of the trans-European transport network.

  • 3. 
    The guidelines set out the priorities for the development of the trans-European network.
  • 4. 
    The guidelines It provides for measures for the implementation of the trans-European

network. The implementation of projects depends on their degree of maturity and the

availability of financial resources, without prejudging the financial commitment of a

Member State or the Union.

Article 2

Scope

  • 1. 
    The guidelines shall apply to the trans-European transport network which comprises:
  • existing and planned transport infrastructure referred to in paragraph 2, and
  • measures promoting the efficient management and use of such infrastructure.
  • 2. 
    Transport infrastructure of the trans-European transport network consists of:

(a) railway transport infrastructure as determined in Section 1 of Chapter II;

(b) inland waterway infrastructure as determined in Section 2 of Chapter II;

(c) road transport infrastructure as determined in Section 3 of Chapter II;

(d) maritime transport infrastructure as determined in Section 4 of Chapter II;

(e) air transport infrastructure as determined in Section 5 of Chapter II;

(f) infrastructure for multimodal transport as determined in Section 6 of Chapter II;

(g) the equipment and intelligent transport systems associated with the transport

infrastructure referred to in points (a) to (f).

Article 4 2

Objectives of the trans-European transport network

  • 1. 
    The trans-European transport network shall strengthen the territorial cohesion of the

European Union and positively influence the creation of a single European transport

area as well as enable transport services and operations which:

(a) meet the mobility and transport needs of all of its users within the Union and in the

relations with third countries, thereby contributing to further economic growth and

competitiveness in a global perspective;

(b) are economically efficient, contribute to the objectives of low-carbon and clean

transport, fuel security and environmental protection, are safe and secure and have high

quality standards, both for passenger and freight transport;

(d)(c) provide appropriate accessibility of all regions of the Union, thereby promoting

social, economic and territorial cohesion and supporting inclusive growth;

(c)(d) promote the most advanced technological and operational concepts in a cost-efficient

way;

(e) demonstrate a clear European added value;

(f) enable mobility even in case of natural or man-made disasters, ensuring

accessibility to Emergency and Rescue services.

Article 3

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a) 'project of common interest' means any piece of planned transport infrastructure, of existing

transport infrastructure or any modification of existing transport infrastructure that complies

with the provisions of Chapter II and any measures providing the efficient management and

use of such infrastructure;

(b) 'project of mutual interest' means a project involving both the Union and one or more third

countries which aims to connect the trans-European transport network with the transport

infrastructure networks of those countries to facilitate major transport flows;

(c) 'third country' means any neighbouring country and all other countries with which the Union

may cooperate to achieve the objectives pursued by this Regulation;

(d) 'neighbouring country' means [the a country coming under the European Neighbourhood

Policy, including the Strategic Partnership, the Enlargement Policy, the European Economic

Area or the European Free Trade Association;]

(e) 'European added value' means, [in relation to a project, the value resulting from Union

intervention which is additional to the value that would otherwise have been created by

Member State action alone;]

(f) 'infrastructure manager' means any body or undertaking that is responsible in particular for

establishing and or maintaining transport infrastructure. This may also include the

management of infrastructure control and safety systems;

(g) `telematic applications intelligent transport systems (ITSTA)' mean systems using

information, communication, navigation and positioning/localization technologies in order to

manage infrastructure, mobility and traffic on the trans-European transport network and to

provide value added services to citizens and operators, including for safe, secure,

environmentally sound and capacity efficient use of the network. They may also include

onboard devices, provided they form an indivisible system with corresponding infrastructure

components. They include systems, technologies and services referred to in points (h)-(l);

(gg) `intelligent transport systems (ITS)' mean [a system as defined in Directive 2010/40/EU of

the European Parliament and of the Council of 7 July 2010 on the framework for the

deployment of Intelligent Transport Systems in the field of road transport and for

interfaces with other modes of transport;]

(h) 'air traffic management system' means a system as specified in Regulation (EC) No. 552/2004

of the European Parliament and of the Council of 10 March 2004 on the interoperability of the

European Air Traffic Management network (the interoperability Regulation) and in the

European Air Traffic Management (ATM) Master Plan as defined in Council Regulation (EC)

No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the

new generation European air traffic management system (SESAR)

- ;

(i) 'Vessel Traffic Monitoring and Information Systems' (VTMIS) means systems deployed to

monitor and manage traffic and maritime transport, using information from Automatic

Identification Systems of Ships (AIS), Long-Range Identification and Tracking of Ships

(LRIT), coastal radar systems and radio communications as provided in Directive 2002/59/EC

of the European Parliament and of the Council of 27 June 2002 to achieve the purpose of

establishing a Community vessel traffic monitoring and information system and repealing

Council Directive 93/75/EEC;

(j) 'River Information Services (RIS)' means information and communication technologies on

inland waterways as defined in Directive 2005/44/EC of the Parliament and of the Council of

7 September 2005 on harmonised river information services (RIS) on inland waterways in the

Community;

(k) 'e Maritime services' means services using advanced and interoperable information

technologies in the maritime transport sector to facilitate the throughput of cargo and

passenger traffic at sea and in port areas;

(l) 'European Rail Traffic Management System (ERTMS)' means the system defined in

Commission Decision 2006/679/EC of 28 March 2006 and Commission Decision 2006/860

of 7 November 2006 concerning the technical specification for interoperability relating to

the control-command and signalling subsystems of the trans-European conventional and high-

speed rail systems;

(m) 'transport mode' means railway, inland waterways, road, maritime or air transport;

(n) 'multimodal transport' means the carriage of freight or passengers, or both, using two or more

modes of transport;

(o) 'urban node' means an urban area where the transport infrastructure of the trans-European

transport network is connected with other parts of that infrastructure and with the

infrastructure for regional and local traffic;

(p) 'logistic platform' means an area that is directly linked to the transport infrastructure of the

trans-European transport network including at least one freight terminal, and enables logistics

activities to be carried out;

(q) 'freight terminal' means a structure equipped for transhipment between at least two transport

modes and for temporary storage of freight such as ports, inland ports, airports and rail-road

terminals;

(r) 'NUTS region' means a region which as defined in the Nomenclature of Territorial Units for

Statistics.

Article 4

Objectives of the trans-European transport network

Development of TE -T infrastructure

  • 1. 
    The trans-European transport network shall enable transport services and operations which:

(a) meet the mobility and transport needs of its users within the Union and in the relations

with third countries, thereby contributing to further economic growth and

competitiveness;

(b) are economically efficient, contribute to the objectives of low-carbon and clean

transport, fuel security and environmental protection, are safe and secure and have high

quality standards, both for passenger and freight transport;

(c) promote the most advanced technological and operational concepts;

(d) provide appropriate accessibility of all regions of the Union, thereby promoting social,

economic and territorial cohesion and supporting inclusive growth.

  • 2. 
    In developing the infrastructure of the trans-European transport network, the following

objectives shall be pursued:

(a) the interconnection and interoperability of national transport networks;

(b) the removal of bottlenecks and the bridging of missing links, both within the transport

infrastructures and at connecting points between these, within Member States' territories

and at border crossing points between them;

(c) the development of all transport modes in a manner consistent with ensuring sustainable

and economically efficient transport in the long term;

(d) optimal integration and interconnection of all transport modes;

(e) the efficient use of infrastructure;

(f) promotion of a broad use of transport with the most carbon neutral effect;

(g) transport infrastructure connections between the trans-European transport network and

transport infrastructure networks of neighbouring countries, and the promotion of their

interoperability;

(h) the establishment of infrastructure requirements, notably in the field of interoperability,

safety and security, which will benchmark quality, efficiency and sustainability of

transport services;

(i) for both passenger and freight traffic, seamless connections interconnection between

transport infrastructure for long-distance traffic on the one hand, and regional and local

traffic on the other;

(j) a transport infrastructure that reflects the specific situations in different parts of the

Union and provides for a balanced coverage of European regions, including outermost

regions and other peripheral ones;

(k) accessibility for elderly people, persons of reduced mobility and for disabled

passengers.

Article 5

Resource efficient network

Any planning, developing and operation of Member States and, as appropriate, regional and local

authorities, infrastructure managers, transport operators and other public and private entities shall

plan, develop and operate the trans-European transport network shall be made in a resource

efficient way, through:

(a) development, improvement and maintainance of existing transport infrastructure,

(a)(b) an optimisation of infrastructure integration and interconnection;

(b)(c) the broad deployment of new technologies and ITS TA, where it is economically justified;

(c) improvement and maintenance of existing transport infrastructure;

(d) the taking into account of possible synergies with other networks, in particular trans-European

energy or telecommunication networks;

(e) the assessment of strategic environmental impact, with the establishment of appropriate plans

and programmes and of impacts on climate mitigation;

(f) measures to plan and expand infrastructure capacity where necessary;

(g) adequate consideration of the vulnerability of transport infrastructure with regard to a

changing climate as well as natural and man-made disasters;

(h) promoting plans and programmes for safety and mitigation of road accidents.

Article 6

Dual layer trans-European transport network structure

  • 1. 
    The gradual development of the trans-European transport network shall in particular be

achieved by implementing a dual-layer structure for this network, comprising a

comprehensive network and a core network.

  • 2. 
    The comprehensive network shall be made up of all existing and planned transport

infrastructures of the trans-European transport network as well as measures promoting the

efficient use of such infrastructure. It shall be developed in accordance with Chapter II.

  • 3. 
    The core network shall consist of those parts of the comprehensive network which are of the

highest strategic importance for achieving the objectives for the development of the trans-

European transport network. It shall be identified and developed in accordance with

Chapter III.

Article 7

Projects of common interest

  • 1. 
    Projects of common interest shall contribute to the development of the trans-European

transport network through the creation of new transport infrastructure, the maintenance,

rehabilitation and upgrading of existing transport infrastructure and through measures

promoting its resource-efficient use.

  • 2. 
    A project of common interest shall:

(a) contribute to the objectives set out in Article 4;

(b) comply with Chapter II and, if it concerns the core network, comply in addition with

Chapter III;

(c) have been subject to a socio-economic cost benefit analysis resulting in a positive net

present value;

(d) demonstrate clear European added value.

  • 3. 
    A project of common interest may encompass its entire cycle, including feasibility studies and

permission procedures, implementation and evaluation.

  • 4. 
    Member States and other project promoters shall take all necessary measures to ensure that

the projects are carried out in compliance with relevant Union and national rules and

procedures, in particular with Union legislation on the environment, climate protection,

safety, security, competition, state aid, public procurement and public health.

[5. Projects of common interest are eligible for Union financial aid under the instruments

available for the trans-European transport network, in particular the Connecting Europe

Facility established by Regulation (EU) No XXX/2012. ]

Article 8

Cooperation with third countries

  • 1. 
    The Union may support, including financially, projects of common interest referred to in

Article 7 in order to connect the trans-European transport network with infrastructure

networks of [third countries covered by the European Neighbourhood Policy, the Enlargement

Policy, the European Economic Area and the European Free Trade Association] insofar as

such projects and which seek to:

(a) connect the core network at border crossing points;

(b) ensure the connection between the core network and the transport networks of the third

countries, aiming at enhanced economic growth and competitiveness;

(c) complete the transport infrastructure in third countries which serve as links between

parts of the core network in the Union;

(d) implement traffic management systems in those countries.

Such projects of common interest shall enhance the capacity or utility of networks located in

one or several Member States.

  • 2. 
    The Union may cooperate, in addition to what is set out in paragraph 1, with third

countries to promote other projects, without providing financial support, insofar as such

of mutual interest. These projects shall seek to:

(a) promote the interoperability between the trans-European transport network and

networks of neighbouring third countries;

(b) promote the extension of the trans-European transport network policy into third

countries;

(c) facilitate air transport with third countries, in order to promote efficient and

sustainable economic growth and competitiveness, including the extension of the

Single European Sky and improved air management cooperation in particular by

extending the Single European Sky and air traffic management cooperation;

(d) facilitate maritime transport and promote motorways of the sea with third countries.

  • 3. 
    Projects of mutual interest coming under point (a) and (d) of paragraph 2 shall comply with

the relevant provisions of Chapter II.

[4. Annex III includes indicative maps of the trans-European transport network extended to

specific neighbouring countries.]

[5. The Union may use existing or set up and use new coordination and financial instruments

with neighbouring countries, such as the Neighbourhood Investment Facility (NIF) or the

Instrument for Pre-Accession Assistance (IPA), for the promotion of projects of mutual

interest.]

  • 6. 
    The Union may cooperate with international and regional organisations and bodies to achieve

any objective pursued by this Article.

  • 7. 

    The provisions of this Article are subject to the relevant procedures on international

agreements as set out in Article 218 TFEU.

CHAPTER

II

THE COMPREHE SIVE ETWORK

Article 9

General provisions

  • 1. 
    The comprehensive network shall constitute the basis for the identification of projects of

common interest.

  • 2. 
    This comprehensive network shall:

(a) be as specified in the maps in Annex I to this Regulation;

(b) be further specified through the description of the infrastructure components;

(c) comply with the be based on requirements for the transport infrastructures set out in

this Chapter;

(d) set the framework for the identification of projects of common interest

priority infrastructure development as referred to in Articles 10 to 35.

(e) recognise the physical limitations of Member States transport infrastructures,

especially in respect of historical and geographical factors, such as those identified

in Technical Standards for Interoperability, that prevent or financially prohibit

the ability to meet harmonised standards.

  • 3. 
    Efforts shall be made to complete The Member States shall ensure that the comprehensive

network is completed and fully comply with the relevant provisions of this Chapter by 31

December 2050 at the latest.

Article 10

PrioritiesGeneral considerations

The Union, Member States, infrastructure managers and other project promoters, When developing

the comprehensive network, shall give particular consideration shall be given to measures that are

necessary for:

(e)(a) ensuring appropriate enhanced accessibility for all regions of the Union;

(d)(b) ensuring optimal integration of the transport modes;

(b)(c) bridging eliminating missing links and removing bottlenecks, notably in cross-border

sections;

(c)(d) removing administrative and technical barriers, in particular to the interoperability of

the network and to competition;

(f)(e) improving or maintaining the quality of infrastructure in terms of efficiency, safety,

security, efficiency, climate and where appropriate disaster resilience, environmental

performances, social conditions, accessibility for all users, quality of services and

continuity of traffic flows;

(g)(f) promoting innovative state-of-the-art technological development;

(a)(g) implementing and deploying intelligent transport systems, including measures which

enable traffic management, multimodal scheduling and information services,

multimodal tracking and tracing, capacity planning and online reservation and

integrated ticketing services;

(h) ensuring fuel security by allowing promoting the use of alternative and in particular

low or zero carbon energy sources and propulsion systems.

(i) bypassing urban areas for rail and road freight transport.

S

ECTIO

1

R

AILWAY TRA SPORT I FRASTRUCTURE

Article 11

Maps

Railway lines which form part of the comprehensive network are indicated on the maps in Annex I.

Article 12

Infrastructure components

  • 1. 
    Railway transport infrastructure shall comprises in particular:

(a) high-speed and conventional railway lines, including:

(i) sidings;

(ii) tunnels;

(iii) bridges;

(b) freight terminals and logistic platforms for the transhipment of goods within the rail

mode and between rail and other transport modes;

(c) stations along the lines indicated in Annex I for the transfer of passengers within the rail

mode and between rail and other transport modes;

(d) associated equipment;

(e) ITS.

  • 2. 
    Railway lines shall take one of the following forms:

(a) Railway lines for high speed transport which are:

(i) specially built high-speed lines equipped for speeds equal to or greater than 250

km/h;

(ii) specially upgraded conventional lines equipped for speeds in the order of 200

km/h;

(iii) specially upgraded high-speed lines which have special features as a result of

topographical, relief or town-planning constraints, on which the speed must

be adapted to each case.

(b) Railway lines for conventional transport.

  • 3. 
    The technical equipment associated with railway lines shall include electrification systems,

equipment for the boarding and alighting of passengers and the loading and unloading of

cargo in stations, logistic platforms and freight terminals. It shall include any facility

necessary to ensure the safe, secure and efficient operation of vehicles.

Article 13

Transport infrastructure requirements

  • 1. 
    Operators of freight terminals shall ensure that any freight terminal is open to all operators.

Operators of logistic platforms shall offer at least one terminal open to all operators.

Operators of freight terminals and logistic platform shall provide this access in a non-

discriminatory way and apply transparent charges.

  • 2. 
    Operators of passenger stations shall ensure that at such passenger stations access is provided

access to information, ticketing and commercial activities for railway traffic throughout the

comprehensive network and where appropriate information on connection with local and

regional transport, [in accordance with Commission Regulation (EU) No 454/2011 of 5 May

2011 on the technical specification for interoperability relating to the subsystem `telematics

applications for passenger services' of the trans-European rail system.]

  • 3. 
    Within the sphere of their responsibility, Member States and infrastructure managers shall

ensure that:

(a) railway lines are equipped with ERTMS;

(b) [railway infrastructure complies with Directive 2008/57/EC of the European Parliament

and of the Council of 17 June 2008 on the interoperability of the rail system within the

Community and its implementing measures in order to achieve the interoperability of

the comprehensive network;

(c) railway infrastructure complies with the requirements of the technical specification for

Interoperability (TSI) adopted pursuant to Article 6 of Directive 2008/57/EC for new

and upgraded lines, except in duly justified cases, where allowed by the relevant TSI or

under the procedure provided for in Article 9 of Directive 2008/57/EC. In any case, as a

general rule, the railway infrastructure shall comply with the following

requirements:]

(1) nominal track gauge for new railway lines: 1 435 mm;

(2) electrification;

(3) lines which are used by conventional freight trains: 22,5 t axle load, and 500 750

m train length, if the traffic volume by 2050 exceeds 0,1% of the total annual -

railway freight carried in the Union;

(4) maximum gradients for new lines which are to be used by conventional freight

trains: 12,5 mm/m, except in duly justified cases, related to geographic,

urbanistic or environmental conditions.

Article 14

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, When promoting projects of common interest and in

addition to the priorities set out in Article 10, particular consideration shall be given to the

following aspects, having in mind the economic implications:

(a) deploying ERTMS;

-

(aa) migrating to 1435 mm nominal track gauge;

(b) mitigating the impact of noise caused by rail transport;

(c) achieving standards higher than those set out as minimum requirements in the technical

specifications, as described in Article 13;

(d) construction of second track and removal of bottlenecks.

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LA D WATERWAYS TRA SPORT I FRASTRUCTURE

Article 15

Maps

Inland waterways and inland ports which form part of the comprehensive network are indicated on

the maps in Annex I.

Article 16

Infrastructure components

  • 1. 
    Inland waterways infrastructure shall comprises in particular:

(a) rivers;

(b) canals;

(c) lakes;

(d) related infrastructure such as locks, elevators, bridges, reservoirs;

(e) inland ports having an annual freight transhipment volume exceeding [500 000]

tonnes based on the latest available three-year average, as published by Eurostat

including also the infrastructure necessary for transport operations within the port area;

(f) port associated equipment which enable, in particular, propulsion and operating -

systems which reduce pollution, energy consumption and carbon intensity and -

which includes waste reception facilities;

(g) ITS RIS;

(h) freight terminals

  • 2. 
    Inland ports shall have an annual freight transhipment volume exceeding 500 000 tonnes. The

total annual freight transhipment volume is based on the latest available three-year average, as

published by Eurostat.

  • 3. 
    Port-associated equipment shall enable in particular propulsion and operating systems which

reduce pollution, energy consumption and carbon intensity. It includes waste reception

facilities.

Article 17

Transport infrastructure requirements

  • 1. 
    Within the sphere of their responsibility, Member States, port operators and infrastructure

managers shall ensure that, subject to a economic cost-benefit analysis resulting in a

positive net present value, [inland ports are connected with the road or rail infrastructure of

the comprehensive network].

  • 2. 
    Port operators shall ensure that any inland port offers at least one freight terminal open to all

operators in a non-discriminatory way and apply transparent charges.

  • 3. 
    Within the sphere of their responsibility, Member States and infrastructure managers shall

ensure that:

(a) rivers, canals and lakes comply with the minimum requirements for class IV waterways

as laid down in the European Agreement on Main Inland Waterways of International

Importance (AGN) on the new classification of inland waterways and ensure

continuous bridge clearance.

(b) rivers, canals and lakes are equipped with RIS.

Article 18

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, wWhen promoting projects of common interest and in

addition to the priorities set out in Article 10, shall give particular consideration shall be given to

the following aspects, having in mind the economic implications:

(a) for existing inland waterways: implementing measures necessary to reach the standards of the

inland waterways class VIII;

(b) where appropriate, achieving higher standards than inland waterways class IIIV, to meet

market demands;

(c) implementing ITS, including RIS;

(d) connecting inland port infrastructure to railway, road transport infrastructure.

(e) the promotion of inland waterway transport.

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OAD TRA SPORT I FRASTRUCTURE

Article 19

Maps

Roads which form part of the comprehensive network are indicated on the maps in Annex I.

Article 20

Infrastructure components

  • 1. 
    Road transport infrastructure shall comprise in particular:

(a) high quality roads, including

(i) bridges;

(ii) tunnels;

(iii) junctions;

(iv) crossings;

(v) interchanges;

(b) parking areas;

(c) associated equipment;

(d) ITS;

-

[(e) freight terminals and logistic platforms;

(f) bus stations. ]

  • 2. 
    The high quality roads referred to in point (a) of paragraph 1 are those which play an

important role in long-distance freight and passenger traffic, integrate the main urban and

economic centres, interconnect with other transport modes and link mountainous, remote,

landlocked and peripheral NUTS 2 regions to central regions of the Union. These roads shall

be adequately maintained to allow safe and secure traffic, even in severe weather

conditions.

  • 3. 
    High-quality roads shall be specially designed and built for motor traffic, and shall be either

motorways, or express roads or conventional strategic roads;

(a) A motorway is a road specially designed and built for motor traffic, which does not

serve properties bordering on it, and which:

(i) is provided, except at special points or temporarily, with separate carriageways for

the two directions of traffic, separated from each other by a dividing strip not

intended for traffic, or, [exceptionally]

  • by other means;

(ii) does not cross at level with any road, railway or tramway track, bicycle path or

footpath; and

(iii) is especially sign-posted as a motorway.

(b) An express road is a road reserved for motor traffic accessible from interchanges or

controlled junctions only and which:

(i) prohibits stopping and parking on the running carriageway; and

(ii) does not cross at level with any railway or tramway track, bicycle path or

footpath.

(c) A conventional strategic road is a a road which is not a motorway or express road,

that provides a vital link to ensure territorial cohesion. Such a road may be

accessible from non-controlled junctions and may permit:

(i) stopping and parking on running carriageways; and

(ii) crossing at level with any road, bicycle path or footpath.

  • 4. 
    Equipment associated with roads shall include in particular equipment for traffic

management, information and route guidance, for the levying of user charges, for safety, for

reducing negative environmental effects, for refuelling or recharging of vehicles with

alternative propulsion drives, and for secure parking areas for commercial vehicles.

Article 21

Transport infrastructure requirements

Within the sphere of their responsibility, Member States and infrastructure managers shall ensure

that:

(a) Roads correspond to the provisions of Article 20(3).

[(b) The safety of road transport infrastructure is assured, monitored and, when necessary,

improved according to the procedure provided for by Directive 2008/96/EC of the European

Parliament and of the Council of 19 November 2008 on road infrastructure safety

management.

(c) Road tunnels with length of over 500 m comply with Directive 2004/54/EC of the European

Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels

in the trans-European road network.

(d) The interoperability of toll collection systems is ensured in accordance with Directive

2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the

interoperability of electronic road toll systems in the Community and by Commission

Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll

Service and its technical elements.

(e) Intelligent transport systems of the road transport infrastructure complying with Directive

2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework

for the deployment of Intelligent Transport Systems in the field of road transport and for

interfaces with other modes of transport are applied deployed.]

Article 22

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, When promoting projects of common interest and in

addition to the priorities set out in Article 10, shall give particular consideration shall be given to

the following aspects, having in mind the economic implications:

(a) use of ITS, in particular multi-modal information and traffic management and to enable

integrated communication and payment systems;

(b) introduction of new technologies and innovation for promoting low carbon transport;

(c) provision of secure parking areas;

(d) promotion of road safety;

(e) making best use of existing capacity on the network.

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ARITIME TRA SPORT I FRASTRUCTURE

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Article 23

Maps

Maritime ports which form part of the comprehensive network are indicated on the maps in

Annex I.

Article 24

Infrastructure components

  • 1. 
    Maritime transport infrastructure shall comprises in particular:

(a) maritime space;

(b) sea canals;

(c) maritime ports, including the infrastructure necessary for transport operations within the

port area;

(d) navigational aids;

(e) port approaches and fairways;

(f) motorways of the sea;

(g) associated equipment;

(h) ITSVTMIS.

  • 2. 
    Maritime ports shall be entry and exit points for the land infrastructure of the comprehensive

network. They shall meet at least one of the following criteria:

(a) The total annual passenger traffic volume exceeds 0,1 % of the total annual passenger

traffic volume of all maritime ports of the Union. The reference amount for this total

volume is the latest available three-year average, based on the statistics published by

Eurostat.

(b) The total annual cargo volume either for bulk or and for non-bulk cargo handling in

total exceeds 0,1% of the corresponding total annual cargo volume handled in all

maritime ports of the Union. The reference amount for this total volume is the latest

available three-year average, based on the statistics published by Eurostat.

(c) The maritime port is located on an island and provides the sole point of access to a

NUTS 3 region in the comprehensive network.

(d) The maritime port is located in an outermost region or a peripheral area, outside a radius

of 200 km from the nearest other port in the comprehensive network or is the only one

port within a continuous coastline.

  • 3. 
    Equipment associated with maritime transport infrastructure shall include in particular

equipment for ice breaking, hydrological surveys, and dredging and maintenance of the port

and port approaches.

Article 25

Motorways of the sea

  • 1. 
    Motorways of the sea represent the maritime dimension of the trans-European

transport network. They shall consist of short-sea routes, ports, associated maritime

infrastructure and equipment, and facilities enabling short-sea shipping or sea-river services

between at least two ports, including hinterland connections, in at least two different Member

States. Motorways of the sea shall include:

(a) maritime links between maritime ports of the comprehensive network;

(b) port facilities, information and communication technologies (ICT) such as electronic

logistics management systems, safety and security and administrative and customs

procedures in at least one Member State;

(c) infrastructure for direct land and sea access.

  • 2. 
    Projects of common interest for motorways of the sea in the trans-European transport network

shall be proposed by at least two Member States. They shall take one of the following forms:

(a) [be the maritime component of a core network corridor as defined in Article 49, or

constitute the maritime component between two core network corridors;]

(b) constitute a maritime link and its hinterland connections within the core network

between two or more core network ports;

(c) constitute a maritime link and its hinterland connections between a core network port

and ports of the comprehensive network, with a special focus on the hinterland

connections of the core and comprehensive network ports.

  • 3. 
    Projects of common interest for motorways of the sea in the trans-European transport network

may also include activities that have wider benefits and are not linked to specific ports, such

as activities for improving environmental performance, making available facilities for ice-

breaking, activities ensuring year-round navigability, dredging operations, alternative fuelling

facilities, as well as the optimisation of processes, procedures and the human element, ICT

platforms and information systems, including traffic management and electronic reporting

systems.

Article 26

Transport infrastructure requirements

  • 1. 
    Within the sphere of their responsibility, Member States, port operators and infrastructure

managers shall ensure that:

(a) Maritime ports are connected with railway lines, roads and, where possible, inland

waterways of the comprehensive network, except in Malta and Cyprus for as long as no

railway system is established within their territory.

(b) Any maritime port that serves freight traffic offers at least one multipurpose terminal

open to all users operators in a non-discriminatory way and apply transparent charges.

(c) Sea canals, port fairways and estuaries connect two seas, or provide access from the sea

to maritime ports and correspond at least to inland waterway class VI.

  • 2. 
    Port operators Member States shall ensure that ports include equipment necessary to ensure

the year-round navigability and assist the environmental performance of ships in ports, in

particular reception facilities for ship generated waste and cargo residues [in accordance with

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000

on port reception facilities for ship-generated waste and cargo residues.]

Article 27

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, When promoting projects of common interest and in

addition to the priorities set out in Article 10, shall give particular consideration to shall be given to

the following aspects, having in mind the economic implications:

(a) promoting motorways of the sea including and short sea shipping;

(b) interconnection of maritime ports with inland waterways;

(c) implementation of VTMIS and e Maritime services.

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IR TRA SPORT I FRASTRUCTURE

Article 28

Maps

Airports which form part of the comprehensive network are indicated on the maps in Annex I.

Article 29

Infrastructure components

  • 1. 
    Air transport infrastructure shall comprises in particular:

(a) air space, routes and airways;

(b) airports;

(c) associated equipment;

(d) ITS air navigation systems, including SESAR.

  • 2. 
    Airports shall comply with one of the following criteria:

(a) For passenger airports:

(i) the total annual passenger traffic is at least 0,1 % of the total annual passenger

volume of all airports of the Union. The total annual passenger volume is based

on the latest available three-years average, as published by Eurostat;

(ii) the volume threshold of 0,1 % does not apply if the airport is situated outside a

radius of 100 km from the nearest airport in the comprehensive network, or

outside a radius of 200 km if the region in which it is situated is provided with a

high-speed railway line.

(b) For cargo airports the total annual cargo volume is at least 0,2 % of the total annual

cargo volume of all airports of the Union. The total annual cargo volume is based on the

latest available three-year average, as published by Eurostat.

Article 30

Transport infrastructure requirements

  • 1. 
    Within the sphere of their responsibility, Member States and airport operators shall ensure

that any airport offers at least one terminal open to all operators in a non-discriminatory way

and apply transparent charges.

  • 2. 
    Within the sphere of their responsibility, Member States, airport operators, air navigation

services providers and air carriers shall ensure that common basic standards for safeguarding

civil aviation against acts of unlawful interference, as adopted by the Union [in accordance

with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11

March 2008 on common rules in the field of civil aviation security and repealing Regulation

(EC) No 2320/2002, apply to the air transport infrastructure of the comprehensive

network.]

  • 3. 
    Within the sphere of their responsibility, Member States, airport operators, air navigation

services providers and air carriers shall ensure that infrastructure for air traffic management

enables the implementation of the Single European Sky, [in accordance with Regulation (EC)

No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down

the framework for the creation of the single European sky (the framework Regulation),

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March

2004 on the provision of air navigation services in the single European sky (the service

provision Regulation), Regulation (EC) No 551/2004 of the European Parliament and of the

Council of 10 March 2004 on the organisation and use of the airspace in the single European

sky (the airspace Regulation) and Regulation (EC) No 552/2004 of the European Parliament

and of the Council of 10 March 2004 on the interoperability of the European Air Traffic

Management network (the interoperability Regulation) and of air transport operations in

order to improve the performance and sustainability of the European aviation system, of

implementing rules and of Union specifications.]

Article 31

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, When promoting projects of common interest and in

addition to the priorities set out in Article 10, shall give particular consideration shall be given to

the following aspects, having in mind the economic implications:

(a) optimise existing infrastructure;

(b) increase airport capacity;

(c) support the implementation of the Single European Sky and of air traffic management

systems, in particular those deploying SESAR.

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FRASTRUCTURE FOR MULTIMODAL TRA SPORT

Article 32

Maps

Freight terminals and logistic platforms which form part of the comprehensive network are

indicated on the maps in Annex I.

Article 33

Infrastructure components

Freight terminals or logistic platforms shall comply with at least one of the following criteria:

(a) its total transhipment of freight exceeds the quantitative threshold for maritime ports set in

Article 24;

(b) where there is no freight terminal or logistic platform complying with point (a) in a NUTS 2

region, it is the main freight terminal or logistic platform designated by the Member State

concerned, linked at least to roads and railways for that NUTS 2 region, or in the case of

Member States with no rail system, linked only to roads.

Article 34

Transport infrastructure requirements

  • 1. 
    Within the sphere of their responsibility, Member States, operators of freight terminals, ports

and airports, and infrastructure managers shall ensure, in a non-discriminatory way, that:

(a) transport modes are connected in any of the following places: freight terminals,

passenger stations, inland ports, airports, maritime ports, in order to allow multimodal

transport of freight and passengers.

(b) Without prejudice to the applicable provisions laid down in Union and national law,

freight terminals and logistic platforms, inland and maritime ports as well as airports

handling cargo are equipped for the provision of information flows within this

infrastructure and between the transport modes along the logistic chain. Such systems

shall in particular enable real time information on available infrastructure capacity,

traffic flows and positioning, tracking and tracing, and ensure safety and security

throughout multi-modal journeys.

(c) Without prejudice to the applicable provisions laid down in Union and national law,

continuous passenger traffic across the comprehensive network shall be facilitated

through appropriate equipment and the availability of ITS in railway stations, bus

stations, airports and where relevant maritime and inland waterway ports.

  • 2. 
    Freight terminal operators managers shall ensure that freight terminals are equipped with

cranes, conveyors and other devices for moving freight between different transport modes and

for the positioning and storage of freight.

Article 35

Framework for priority infrastructure developmentSpecific considerations

Member States and other project promoters, When promoting projects of common interest and in

addition to the priorities set out in Article 10, shall give particular consideration shall be given to

the following aspects, having in mind the economic implications:

(a) providing for effective interconnection and integration of the infrastructure of the

comprehensive network, including through access infrastructure where necessary and through

freight terminals and logistic platforms;

(b) removing the main technical and administrative barriers to multimodal transport;

(c) developing a smooth flow of information between the transport modes and enabling the

provision of multimodal and single-mode services across the trans-European transport system

including the related communication, payment, ticketing and commercialisation services.

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OMMO PROVISIO S

Article 36

Urban nodes

Member States and other project promoters, when developing the comprehensive network in urban

nodes shall, where feasible, aim to ensure:

(a) for passenger transport: interconnection between rail, road, air and, as appropriate, inland

waterway, road and maritime infrastructure of the comprehensive network;

(b) for freight transport: interconnection between rail, road, and, as appropriate, inland waterway,

air and maritime and road infrastructure of the comprehensive network;

(c) adequate connection between different railway stations or airports of the comprehensive

network within an urban node;

(d) seamless connection between the infrastructure of the comprehensive network and the

infrastructure for regional and local traffic, including logistic consolidation and distribution

centres;

(e) bypassing of urban areas for road transport to facilitate long-distance traffic flows on the

comprehensive network;

(f) bypassing of urban areas for rail freight transport;

(g) promotion of efficient low-noise and low-carbon urban freight delivery.

Article 37

Telematic ApplicationsITS

It shall be ensured that:

  • 1. 
    ITS TA shall enables traffic management and the exchange of information within and

between transport modes for multi-modal transport operations and value added transport-

related services, improving safety, security and environmental performance.

  • 2. 
    ITS TA shall facilitates seamless connection between the infrastructure of the comprehensive

network and the infrastructure for regional and local transport.

  • 3. 
    ITS TA, associated with transport modes, shall includes in particular include:
  • for railways: ERTMS;
  • for inland waterways: River Information Services and e-Maritime services;
  • for road transport: ITS in accordance with Directive 2010/40/EU;
  • for maritime transport: VTMIS and e-Maritime services;
  • for air transport: air traffic management systems, in particular those resulting from

SESAR.

Article 38

Sustainable Freight transport services

[The Union], Member States and other project promoters shall pay particular attention to projects of

common interest which both provide efficient freight transport services that use the infrastructure

of the comprehensive network as well as and contribute to reducing carbon dioxide emissions

which These projects shall in particular aim to:

(a) improve sustainable use of transport infrastructure, including its efficient management;

(b) promote the deployment of innovative transport services new combinations of proven existing

transport services, including through the TA of ITS and the establishment of relevant

governance structures;

(c) facilitate multi-modal transport service operations and improve cooperation between transport

service providers;

(d) stimulate resource and carbon efficiency, notably in the fields of vehicle traction,

driving/steaming, systems and operations planning, resource sharing and cooperation;

(e) analyse, provide information on and monitor markets, fleet characteristics and performance,

administrative requirements and human resources.

Article 39

ew technologies and innovation

In order for the comprehensive network to shall keep up with state-of-the-art innovative

technological developments and deployments, the They shall in particular aim shall be in

particular to:

(a) enable the decarbonisation of transport through transition to innovative transport

technologies;

(b) enable the decarbonisation of all transport modes by stimulating energy efficiency as well as

the introduction of alternative propulsion systems and the provision of corresponding

infrastructure. Such infrastructure may include grids and other facilities necessary for the

energy supply, take account of the infrastructure vehicle interface and encompass intelligent

transport systems;

(c) improve the safety and sustainability of the transport movement of persons and goods;

(d) improve the operation, accessibility, interoperability, multimodality and efficiency of the

network including multimodal ticketing;

(e) promote measures to reduce external costs, such as pollution of any kind, including noise,

congestion and health damage;

(f) introduce security technology and compatible identification standards on the networks;

(g) improve resilience to climate change;

(h) further advance the development and deployment of intelligent transport systems within and

between modes of transport.

Article 40

Safe and secure infrastructure

Member States and other project promoters shall give due consideration to ensure that transport

infrastructure provides for a high degree of safety and security for passenger and freight

movements.

Article 41

Climate change proven infrastructure and disaster resilience

During infrastructure planning, Member States and other project promoters shall give due

consideration to the risk assessments and adaptation measures adequately improving the resilience

to climate change, in particular in relation to precipitation, floods, storms, high temperature and heat

waves, droughts, sea level rise and coastal surges, in compliance with any requirement which may

be set out in relevant Union legislation.

Where appropriate, due consideration should also be given to the resilience of infrastructure to

natural or man-made disasters in compliance with any requirement which may be set out in relevant

Union legislation.

[Article 42]

Environmental protection

Member States and other project promoters shall carry out environmental assessment of plans and

projects in particular as provided in Council Directives 85/337/EEC of 27 June 1985 on the

assessment of the effects of certain public and private projects on the environment and 92/43/EEC

of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora , and Directives

of the European Parliament and of the Council: 2000/60/EC of 23 October 2000 establishing a

framework for Community action in the field of water policy , 2001/42/EC of 27 June 2001 on the

assessment of the effects of certain plans and programmes on the environment , and 2009/147/EC

of 30 November 2009 on the conservation of wild birds in order to avoid or, when not possible,

mitigate or compensate for negative impacts on the environment, such as to landscape

fragmentation, soil sealing, air and water pollution as well as noise, and to effectively protect

biodiversity.

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Article 43

Accessibility for all users

Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular

elderly people, persons of reduced mobility and disabled passengers.

CHAPTER

III

THE CORE ETWORK

Article 44

Identification of the core network

  • 1. 
    The core network, as set out in Annex I, shall consist of those parts of the comprehensive

network which are of the highest strategic importance for achieving the objectives of the

trans-European transport network policy due to heavy traffic flow and shall reflect evolving

traffic demand and the need for multi-modal transport. The core network shall in

particular contribute to coping with increasing mobility and ensuring a high safety standard

and as well as contributing to the development of a low-carbon transport system.

  • 2. 
    The core network shall be interconnected in nodes and provide for connections between

Member States and with neighbouring countries' transport infrastructure networks.

  • 3. 
    The transport infrastructures constituting the core network are indicated in the corresponding

maps of the comprehensive network in Annex I. Without prejudice to Article 47(2) and (3),

the Core etwork shall be completed and shall comply with the provisions of this

Chapter by 31 December 2030 at the latest.

Article 45

Infrastructure requirements

  • 1. 
    The core network shall reflect evolving traffic demand and the need for multi-modal

transport. State-of-the-art Innovative technologies and regulatory and governance measures

for managing the infrastructure use shall be taken into account in order to ensure resource-

efficient use of transport infrastructure and to provide for sufficient capacity.

  • 2. 
    The infrastructure of the core network shall meet all the requirements set out in Chapter II

without exception. In addition, the following requirements shall also be met by the

infrastructure of the core network:

(a) for railway transport infrastructure:

  • full electrification of the railway lines;
  • lines with regular freight traffic: at least 22.5 t axle load, 100 km/h line speed and

750 600m train length

(b) for inland waterway and maritime transport infrastructure:

  • demand-based availability of alternative clean fuels;

(c) for road transport infrastructure:

  • the development of rest areas approximately every 50 100 kilometres on

motorways in order inter alia to provide sufficient parking space for commercial

road users with an appropriate level of safety and security;

  • availability of alternative clean fuels;

(d) for air transport infrastructure:

  • capacity to make available alternative clean fuels.

Article 46

Development of the core network

  • 1. 
    The transport infrastructure included in the core network shall be developed in accordance

with the corresponding provisions of Chapter II.

  • 2. 
    Projects of common interest contributing to the completion of the core network shall be

implemented as a priority.

  • 3. 
    Without prejudice to Article 47(2) and (3), the Member States shall ensure the core network is

completed and complies with the provisions of this Chapter by 31 December 2030 at the

latest.

Article 47

odes of the core network

  • 1. 
    The nodes of the core network are set out in Annex II and include:
  • urban nodes, including their ports and airports;
  • maritime ports;
  • border crossing points to neighbouring countries.
  • 2. 
    Maritime ports indicated set out in Part 2 of Annex II shall be connected with the railway and

road transport infrastructure of the trans-European transport network and where possible by

the inland waterway infrastructure by 31 December 2030 at the latest, except in duly

justified cases.

  • 3. 
    The main airports indicated in Part 1b of Annex II shall be connected with the railway and

road transport infrastructure of the trans-European transport network by 31 December 2050 at

the latest. Taking into account potential traffic demand, such airports shall, except in the case

of Member States with no rail system established within their territory, be integrated into

the high speed rail network wherever possible.

CHAPTER

IV

IMPLEME TATIO OF THE CORE ETWORK THROUGH CORE ETWORK

PROJECTS CORRIDORS -

Article 48

General purpose of core network corridors projects

  • 1. 
    Core network projects corridors are an instrument to facilitate the coordinated

implementation of the core network. Core network projects corridors shall be based on modal

integration, interoperability, as well as on a coordinated development and management of

infrastructure, in order to lead to resource-efficient multimodal transport.

  • 2. 
    Core network corridors projects shall provide for a coordinated approach with regard to

infrastructure use and investments, so as to manage capacities in the most efficient way.

Multimodal infrastructure within core network projects corridors shall be built and

coordinated, wherever needed, in a way that optimises the use of each transport mode and

their cooperation. The core network corridors projects shall support the comprehensive

deployment of interoperable traffic management systems.

Article 49

Definition of core network projects corridors

  • 1. 
    Core network corridors projects consist of parts of the core network. They shall involve at

least three transport modes and cross at least three Member States. They cover the most

important cross-border long-distance flows in the core network and are intended in

particular to improve cross-border links.

  • 2. 
    In duly justified cases the core network corridor may involve only two transport modes.
  • 3. 
    Core network projects corridors shall may also include maritime ports and its accesses,

except in duly justified cases.

Article 50

List of core network projects corridors

  • 1. 
    Each Member State shall participate in at least one core network project corridor.
  • 2. 
    The list of core network projects corridors agreed by the Member States is set out in

Annex I X to this Regulation (EU) No XXX/2012 of ... [Connecting Europe Facility].

Article 51

Coordination of core network projects corridors

  • 1. 
    In order to facilitate the coordinated implementation of core network corridors, the

Commission shall, in agreement designate, after consultation with the Member States

concerned, and after having consulted the European Parliament and the Council, designate

persons called "European Coordinator".

  • 2. 
    The European Coordinator shall be chosen, in particular, on the basis of his/her experience of

European institutions and knowledge of issues relating to the financing and the socio-

economic and environmental evaluation of major projects.

  • 3. 
    The Commission decision designating the European Coordinator shall specify how the tasks

referred to in paragraph 5 are to be performed.

  • 4. 
    The European Coordinator shall act in the name and on behalf of the Commission. The remit

of the European Coordinator shall relate to a single core network project corridor. The

European Coordinator shall draw up together with the Member States concerned a work plan

the activities to be fulfilled.

  • 5. 
    The European Coordinator shall:

(a) support lead the coordinated implementation of the core network project corridor in

order to enable respect of the timeline set in the implementing decision for the

individual core network corridor;

(b) report to the Member States, to the Commission and, as appropriate, to all other entities

directly involved in the development of the core network project corridor on any

difficulties encountered and contribute to finding appropriate solutions;

(c) draw up a report every year for the European Parliament, the Council, the Commission

and the Member States concerned on the progress achieved in implementing the core

network project corridor;

(d) consult, in cooperation with the Member States concerned, in particular regional and

local authorities, infrastructure managers, transport operators, transport users and, as

appropriate, other public and private entities, with a view to gaining a fuller knowledge

of the examine the demand for transport services, the possibilities of investment

funding and financing and steps to be undertaken and the conditions to be met in order

to facilitate access to such funding or financing and give appropriate

recommendations.

  • 6. 
    The Member States concerned shall cooperate with the European Coordinator and give the

Coordinator the information required to perform the tasks referred to in paragraph 5.

  • 7. 
    Without prejudice to the applicable procedures laid down in Union and national law, the

Commission may request the opinion of the European Coordinator when examining

applications for Union funding for core network project corridors for which the European

Coordinator is entrusted with responsible.

Article 52

Governance of core network projects corridors

  • 1. 
    For each core network project corridor, the relevant European Coordinator Member States

concerned shall, annually or in case of urgency, convene establish a corridor project

platform responsible for defining the general objectives of the core network project corridor

and for preparing and supervising the measures and monitor the progress referred to in

Article 53(1).

  • 2. 
    The project corridor platform shall be composed of the representatives of the Member States

concerned and, as appropriate, other public and private entities. In any case, the relevant

infrastructure managers as defined in Directive 2001/14/EC of the European Parliament and

of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the

levying of charges for the use of railway infrastructure shall participate in the project

corridor platform.

  • 3. 
    The European Coordinator shall chair the corridor project platform.
  • 4. 
    The corridor platform may be established as a permanent legal entity, such as a European

Economic Interest Group.

  • 5. 
    The establishment of corridor project platforms is without prejudice to the principle that the

beneficiary of Union financial support has the final responsibility for the implementation of

the projects.

Article 53

Corridor development Work plan

  • 1. 

    The European Coordinator shall submit for the Member States' approval a draft work

plan concerning the activities to be fulfilled. This plan shall be notified by the European

Coordinator to the Commission within one year of the For each core network corridor, the

Member States concerned, in cooperation with the corridor platform, shall jointly draw up and

notify to the Commission a corridor development plan within six months after entry into force

of this Regulation. This plan It shall include in particular:

(a) a description of the characteristics of the core network project corridor, including

-

bottlenecks;

(b) the objectives for the core network project corridor in particular in terms of

performance expressed as the quality of the service, its capacity and its compliance with

the requirements set out in Chapter II;

(c) the programme of measures necessary for developing the core network project corridor;

(d) a multimodal transport market study;

(e) an implementation plan including:

  • a deployment plan relating to interoperable traffic management systems on multi-

-

modal freight corridors without prejudice to the applicable Union legislation;

  • a plan for the removal of physical, technical, operational and administrative

barriers between and within transport modes and for the enhancement of efficient

multimodal transport and services;

  • measures to improve the administrative and technical capacity to conceive, plan,

design, procure, implement and monitor projects of common interest;

  • risk assessment, including the possible impacts of climate change on the

infrastructure and where appropriate proposed measures to enhance climate

resilience;

  • measures to be taken in order to mitigate greenhouse gas emissions;

(f) an investment plan, to be updated regularly, including:

  • the list of projects for the extension, renewal or redeployment of transport

infrastructure referred to in Article 2(2) for each of the transport modes involved

in the core network project corridor;

  • the related financial plan, with the various sources envisaged for funding and

financing, at international, national, regional, local and Union level, including,

whenever possible, earmarked cross-financing systems as well as private capital,

together with the amount of commitments already made and, where applicable,

reference to the contribution of the Union envisaged under the Union's financial

programmes.

  • 2. 
    Based on the project corridor development work plan provided by the European

Coordinator Member States concerned, the Commission shall decide deliver its opinion on

possible project funding.

  • 3. 
    In order to support the implementation of the core network projects corridors, the

Commission may adopt implementing decisions for core network corridors. These decisions

may:

(a) include the investment planning, the related costs and implementation timeline,

estimated as necessary to implement the core network project corridors in line with the

objectives of this Regulation;

(b) define all measures aimed at reducing external costs, in particular greenhouse gas

emissions and noise, and aimed at promoting the introduction of new technologies in

traffic and capacity management;

(c) provide for other measures which are necessary for the implementation of the corridor

development work plan and for the efficient use of the core network corridor

infrastructure.

Those implementing acts shall be adopted in accordance with the advisory procedure referred

to in Article 55(2).

CHAPTER

V

COMMO PROVISIO S

Article 54

Updating and reporting

1. The infrastructure manager Member States shall transmit to the Commission the annual

data shall inform continuously through the interactive geographical and technical information

system for the trans-European transport network (TENtec), about the progress made in

implementing projects of common interest and the investments made for this purpose.

1a. Member States shall provide the Commission with abstracts of national plans and

programmes which they are drawing up with a view to develop the trans-European transport

network, in particular in relation to the core network. Once adopted, the Member States shall

send the national plans and programmes to the Commission for information.

  • 2. 
    Every two years starting from the entry into force of this Regulation and after consultation of

the Committee referred to in Article 55 54, the Commission shall publish a progress report on

the its implementation of the guidelines, which shall be submitted to the European Parliament,

the Council, the European Economic and Social Committee and the Committee of the

Regions.

  • 3. 
    [Subject to the second paragraph of Article 172 TFEU,] the Commission shall be

empowered to adopt delegated acts in accordance with Article 56 concerning the adaptation of

Annexes I, II and III to take account of possible changes resulting from the quantitative

thresholds laid down in Articles 16, 24, 29 and 33. When adapting the Annexes, the

Commission shall:

(a) include logistic platforms, freight terminals, inland ports, maritime ports and airports in

the comprehensive network, if it is demonstrated that the latest two-year average of their

traffic volume exceeds the relevant threshold;

-

(aa) include nodes, one in every UTS II islands;

(b) exclude logistic platforms, freight terminals, inland ports, maritime ports and airports

from the comprehensive network, if it is demonstrated that the average of their traffic

volume over the last six years is below the relevant threshold;

(c) adjust the maps for road, railway and inland waterway infrastructure so as to reflect

progress in completing the network. In adjusting those maps, the Commission shall not

admit any adjustment in route alignment beyond that which is allowed by the relevant

project authorization procedure.

The adaptations under points (a) and (b) shall be based on the latest available statistics

published by Eurostat. The adaptations under point (c) shall be based on the

information provided by the Member State concerned, according to Article 54(1).

  • 4. 
    Projects of common interest concerning infrastructure which is newly included through a

delegated act in the trans-European transport network shall be eligible for the purposes of

Article 7(5) as of the date of entry into force of the that delegated acts pursuant to paragraph

3.

Projects of common interest concerning infrastructure which have been excluded from the

trans-European transport network shall not be eligible anymore as of the date of entry into

force of the delegated acts pursuant to paragraph 3. The end of eligibility shall not affect

financing or grant decisions taken by the Commission before this date.

Article 55

Committee

  • 1. 
    The Commission shall be assisted by a committee. That committee shall be a committee

within the meaning of Regulation (EU) No 182/2011.

apply.

Article 56

Exercise of delegation

  • 1. 
    The power to adopt delegated acts is conferred on the Commission subject to the conditions

laid down in this Article.

  • 2. 
    The power to adopt delegated acts referred to in Article 54(3) shall be conferred on the

Commission [for an unlimited a five year period from [date of entry into force of the

Regulation]].

  • 3. 
    The delegation of powers referred to in the Article 54(3) may be revoked at any time by the

European Parliament or by the Council. A decision to revoke shall put an end to the

delegation of the power specified in that decision. It shall take effect the day following the

publication of the decision in the Official Journal of the European Union or at a later date

specified therein. It shall not affect the validity of any delegated acts already in force.

  • 4. 
    As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

  • 5. 
    A delegated act adopted pursuant to the Article 54(3) shall enter into force only if no

objection has been expressed either by the European Parliament or by the Council within a

period of two months of the notification of that act to the European Parliament and the

Council or if, before the expiry of that period, the European Parliament and the Council have

both informed the Commission that they will not object. That period shall be extended by two

months at the initiative of the European Parliament or of the Council.

Article 57

Review

By 31 December 2023 at the latest, the Commission shall carry out a review of the implementation

of the core network, evaluating compliance with the provisions laid down in this Regulation and the

progress in implementation.

Article 58

Single Contact Authority

Member States may appoint a Single Contact Authority for facilitating and co-ordinating the

permitting process for projects of common interest, in particular cross-border projects, in

accordance with the relevant Union acquis.

Article 59

Delay in completion of the core network

  • 1. 
    In the event of a [significant delay] in starting or completing work on the core network, the

Commission shall request the Member States concerned to provide the reasons for the delay.

Such reasons shall be provided by the Member States within three months. On the basis of

the reply given, the Commission shall consult the Member States concerned in order to

resolve the problem leading to the delay.

  • 2. 
    The Commission may, as part of its active monitoring of the implementation of the core

network and having due regard to the principle of proportionality and subsidiarity, decide to

take appropriate measures.

  • 3. 
    The European Parliament and the Member States shall be informed immediately of any

measure taken.

Article 60

Compatibility with Union law and Union policies

Actions taken under this Regulation shall take into account any relevant Union policies, in

particular those relating to competition, market access, the protection of the environment, health,

sustainable development, and public procurement.

Article 61

Promotion and evaluation

The Commission shall promote and evaluate the advancement of the trans-European transport

network policy and its overall implementation.

Article 62

Repeal

Decision No 661/2010/EU is repealed.

For all financing decisions based on Regulation (EC) No 680/2007 , Decision No 611/2010/EU

shall continue to apply.

Article 63

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union . It shall apply subject to the provisions in Article 9(3)

and 44(3).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

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