1. This Regulation establishes guidelines for the development of a trans-European transport network comprising a dual-layer structure consisting of the comprehensive network and of the core network, the latter being established on the basis of the comprehensive network.
2. This Regulation identifies projects of common interest and specifies the requirements to be complied with for the management of the infrastructure of the trans-European transport network.
3. This Regulation sets out the priorities for the development of the trans-European transport network.
4. This Regulation provides for measures for the implementation of the trans-European transport network. The implementation of projects of common interest depends on their degree of maturity, the compliance with Union and national legal procedures, and the availability of financial resources, without prejudging the financial commitment of a Member State or of the Union.
Article 2 -
Scope
1. This Regulation applies to the trans-European transport network as shown on the maps contained in Annex I. The trans-European transport network comprises transport infrastructure and telematic applications as well as measures promoting the efficient management and use of such infrastructure and permitting the establishment and operation of sustainable and efficient transport services.
2. The infrastructure of the trans-European transport network consists of the infrastructure for railway transport, inland waterway transport, road transport, maritime transport, air transport and multimodal transport, as determined in the relevant sections of Chapter II.
Article 3 -
Definitions
For the purpose of this Regulation, the following definitions apply:
(a)
'project of common interest' means any project carried out pursuant to the requirements and in compliance with the provisions of this Regulation;
(b)
'neighbouring country' means a country falling within the scope of the European Neighbourhood Policy including the Strategic Partnership, the Enlargement Policy, and the European Economic Area or the European Free Trade Association;
(c)
'third country' means any neighbouring country or any other country with which the Union may cooperate to achieve the objectives pursued by this Regulation;
(d)
'European added value' means the value of a project which, in addition to the potential value for the respective Member State alone, leads to a significant improvement of either transport connections or transport flows between the Member States which can be demonstrated by reference to improvements in efficiency, sustainability, competitiveness or cohesion, in line with the objectives set out in Article 4;
(e)
'infrastructure manager' means any body or undertaking that is responsible, in particular, for establishing or maintaining transport infrastructure. This may also include the management of infrastructure control and safety systems;
(f)
'telematic applications' means systems using information, communication, navigation or positioning/localisation technologies in order to manage infrastructure, mobility and traffic on the trans-European transport network effectively and to provide value-added services to citizens and operators, including systems 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 (g) to (l);
(g)
'intelligent transport system' (ITS) means a system as specified in Directive 2010/40/EU of the European Parliament and of the Council (17);
(h)
'air traffic management system' means a system as specified in Regulation (EC) No 552/2004 of the European Parliament and of the Council (18) and in the European Air Traffic Management (ATM) Master Plan as specified in Council Regulation (EC) No 219/2007 (19);
(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) and coastal radar systems and radio communications as provided for in Directive 2002/59/EC of the European Parliament and of the Council (20), and includes the integration of the national maritime information systems through SafeSeaNet;
(j)
'River Information Services (RIS)' means information and communication technologies on inland waterways as specified in Directive 2005/44/EC of the Parliament and of the Council (21);
(k)
'e -Maritime services' means services using advanced and interoperable information technologies in the maritime transport sector to simplify administrative procedures and to facilitate the throughput of cargo at sea and in port areas, including single-window services such as the integrated maritime single window provided for in Directive 2010/65/EU of the European Parliament and of the Council (22), port community systems and relevant customs information systems;
(l)
'European Rail Traffic Management System' (ERTMS) means the system defined in Commission Decision 2006/679/EC (23) and Commission Decision 2006/860/EC (24);
(m)
'cross-border section' means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country;
(n)
'multimodal transport' means the carriage of passengers or freight, or both, using two or more modes of transport;
(o)
'interoperability' means the ability, including all the regulatory, technical and operational conditions, of the infrastructure in a transport mode to allow safe and uninterrupted traffic flows which achieve the required levels of performance for that infrastructure or mode;
(p)
'urban node' means an urban area where the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, logistic platforms and freight terminals located in and around an urban area, is connected with other parts of that infrastructure and with the infrastructure for regional and local traffic;
(q)
'bottleneck' means a physical, technical or functional barrier which leads to a system break affecting the continuity of long-distance or cross-border flows and which can be surmounted by creating new infrastructure or substantially upgrading existing infrastructure that could bring significant improvements which will solve the bottleneck constraints;
(r)
'logistic platform' means an area which is directly linked to the transport infrastructure of the trans-European transport network including at least one freight terminal, and which enables logistics activities to be carried out;
(s)
'freight terminal' means a structure equipped for transhipment between at least two transport modes or between two different rail systems, and for temporary storage of freight, such as ports, inland ports, airports and rail-road terminals;
(t)
'socio-economic cost-benefit analysis' means a quantified ex-ante evaluation, based on a recognised methodology, of the value of a project, taking into account all the relevant social, economic, climate-related and environmental benefits and costs. The analysis of climate-related and environmental costs and benefits shall be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU;
(u)
'isolated network' means the rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge (1 435 mm), for which certain major infrastructure investments cannot be justified in economic cost-benefit terms by virtue of the specificities of that network arising from its geographic detachment or peripheral location;
(v)
'NUTS region' means a region as defined in the Nomenclature of Territorial Units for Statistics;
(w)
'alternative clean fuels' means fuels such as electricity, hydrogen, biofuels (liquids), synthetic fuels, methane (natural gas (CNG and LNG) and biomethane) and liquefied petroleum gas (LPG) which serve, at least partly, as a substitute for fossil oil sources in the supply of energy to transport, contribute to its decarbonisation and enhance the environmental performance of the transport sector.
Article 4 -
Objectives of the trans-European transport network
The trans-European transport network shall strengthen the social, economic and territorial cohesion of the Union and contribute to the creation of a single European transport area which is efficient and sustainable, increases the benefits for its users and supports inclusive growth. It shall demonstrate European added value by contributing to the objectives laid down in the following four categories:
(a)
cohesion through:
(i)
accessibility and connectivity of all regions of the Union, including remote, outermost, insular, peripheral and mountainous regions, as well as sparsely populated areas;
(ii)
reduction of infrastructure quality gaps between Member States;
(iii)
for both passenger and freight traffic, interconnection between transport infrastructure for, on the one hand, long-distance traffic and, on the other, regional and local traffic;
(iv)
a transport infrastructure that reflects the specific situations in different parts of the Union and provides for a balanced coverage of all European regions;
(b)
efficiency through:
(i)
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 between them;
(ii)
the interconnection and interoperability of national transport networks;
(iii)
optimal integration and interconnection of all transport modes;
(iv)
the promotion of economically efficient, high-quality transport contributing to further economic growth and competitiveness;
(v)
efficient use of new and existing infrastructure;
(vi)
cost-efficient application of innovative technological and operational concepts;
(c)
sustainability through:
(i)
development of all transport modes in a manner consistent with ensuring transport that is sustainable and economically efficient in the long term;
(ii)
contribution to the objectives of low greenhouse gas emissions, low-carbon and clean transport, fuel security, reduction of external costs and environmental protection;
(iii)
promotion of low-carbon transport with the aim of achieving by 2050 a significant reduction in CO2 emissions, in line with the relevant Union CO2 reduction targets;
(d)
increasing the benefits for its users through:
(i)
meeting the mobility and transport needs of its users within the Union and in relations with third countries;
(ii)
ensuring safe, secure and high-quality standards, for both passenger and freight transport;
(iii)
supporting mobility even in the event of natural or man-made disasters, and ensuring accessibility to emergency and rescue services;
(iv)
the establishment of infrastructure requirements, in particular in the field of interoperability, safety and security, which will ensure quality, efficiency and sustainability of transport services;
(v)
accessibility for elderly people, persons of reduced mobility and disabled passengers.
Article 5 -
Resource-efficient network
1. The trans-European transport network shall be planned, developed and operated in a resource-efficient way, through:
(a)
development, improvement and maintainance of existing transport infrastructure;
(b)
optimisation of infrastructure integration and interconnection;
(c)
the deployment of new technologies and telematic applications, where such deployment is economically justified;
(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 impacts, with the establishment of appropriate plans and programmes and of impacts on mitigation of the effects of climate change;
(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 or man-made disasters, with a view to addressing those challenges.
2. In planning and developing the trans-European transport network, Member States shall take account of the particular circumstances in the various parts of the Union, such as, in particular, tourism aspects and topographical features of the regions concerned. They may adapt the detailed route alignment of sections within the limits indicated in point (c) of Article 49(4) while ensuring compliance with the requirements set out therein.
Article 6 -
Dual-layer trans-European transport network structure
1. The gradual development of the trans-European transport network shall be achieved, in particular, by implementing a dual-layer structure for that network with a coherent and transparent methodological approach, comprising a comprehensive network and a core network.
2. The comprehensive network shall consist of all existing and planned transport infrastructures of the trans-European transport network as well as measures promoting the efficient and socially and environmentally sustainable use of such infrastructure. It shall be identified and 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, through the rehabilitation and upgrading of the existing transport infrastructure and through measures promoting the resource-efficient use of the network.
2. A project of common interest shall:
(a)
contribute to the objectives falling within at least two of the four categories set out in Article 4;
(b)
comply with Chapter II, and if it concerns the core network, comply in addition with Chapter III;
(c)
be economically viable on the basis of a socio-economic cost-benefit analysis;
(d)
demonstrate 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 shall take all necessary measures to ensure that the projects are carried out in compliance with relevant Union and national law, in particular with Union legal acts on the environment, climate protection, safety, security, competition, state aid, public procurement, public health and accessibility.
5. Projects of common interest are eligible for Union financial assistance under the instruments available for the trans-European transport network.
Article 8 -
Cooperation with third countries
1. The Union may support, including financially, projects of common interest in order to connect the trans-European transport network with infrastructure networks of neighbouring countries in so far as such projects:
(a)
connect the core network at border crossing points and concern infrastructure necessary to ensure seamless traffic flow, border checks, border surveillance and other border control procedures;
(b)
ensure the connection between the core network and the transport networks of the third countries, with a view to enhancing 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;
(e)
promote maritime transport and motorways of the sea, excluding financial support to third-country ports;
(f)
facilitate inland waterway transport with third countries.
Such projects shall enhance the capacity or utility of the trans-European transport network in one or more Member States.
2. Without prejudice to paragraph 1, the Union may cooperate with third countries to promote other projects, without providing financial support, in so far as such projects seek to:
(a)
promote the interoperability between the trans-European transport network and networks of 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 traffic management cooperation;
(d)
facilitate maritime transport and promote motorways of the sea with third countries.
3. Projects under points (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 common interest.
6. The provisions of this Article are subject to the relevant procedures on international agreements as set out in Article 218 TFEU.
CHAPTER II - THE COMPREHENSIVE NETWORK
Article 9 -
General provisions
1. The comprehensive network shall:
(a)
be as specified in the maps and the lists in Annex I and in Part 2 of Annex II;
(b)
be further specified through the description of the infrastructure components;
(c)
meet the requirements for the transport infrastructures set out in this Chapter;
(d)
constitute the basis for the identification of projects of common interest;
(e)
take into account the physical limitations and topographical particularities of Member States' transport infrastructures, as identified in the technical specifications for interoperability (TSIs).
2. Member States shall make all possible efforts with the aim of completing the comprehensive network and of complying with the relevant provisions of this Chapter by 31 December 2050.
Article 10 -
General priorities
1. In the development of the comprehensive network, general priority shall be given to measures that are necessary for:
(a)
ensuring enhanced accessibility and connectivity for all regions of the Union while taking into consideration the specific case of islands, isolated networks and sparsely populated, remote and outermost regions;
(b)
ensuring optimal integration of the transport modes and interoperability within transport modes;
(c)
bridging missing links and removing bottlenecks, particularly in cross-border sections;
(d)
promoting the efficient and sustainable use of the infrastructure and, where necessary, increasing capacity;
(e)
improving or maintaining the quality of infrastructure in terms of safety, security, efficiency, climate and, where appropriate, disaster resilience, environmental performance, social conditions, accessibility for all users, including elderly people, persons with reduced mobility and disabled passengers, and the quality of services and continuity of traffic flows;
(f)
implementing and deploying telematic applications and promoting innovative technological development.
2. In order to complement the measures set out in paragraph 1, particular consideration shall be given to measures that are necessary for:
(a)
ensuring fuel security through increased energy efficiency, and promoting the use of alternative and, in particular, low or zero carbon energy sources and propulsion systems;
(b)
mitigating exposure of urban areas to negative effects of transiting rail and road transport;
(c)
removing administrative and technical barriers, in particular to the interoperability of the trans-European transport network and to competition.
SECTION 1 - Railway transport infrastructure
Article 11 -
Infrastructure components
1. Railway transport infrastructure shall comprise, 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)
the connections of stations, freight terminals and logistic platforms to the other modes in the trans-European transport network;
(e)
associated equipment;
(f)
telematic applications.
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 of 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. This category also includes interconnecting lines between the high-speed and conventional networks, lines through stations, accesses to terminals, depots etc. travelled at conventional speed by high-speed rolling stock;
(b)
railway lines for conventional transport.
3. The technical equipment associated with railway lines may 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 may include any facility, such as automatic gauge-changing facilities for rail, necessary to ensure the safe, secure and efficient operation of vehicles, including their reduced impact on the environment and improved interoperability.
Article 12 -
Transport infrastructure requirements
1. Freight terminals shall be connected with the road infrastructure or, where possible, the inland waterway infrastructure of the comprehensive network.
2. Member States shall ensure that the railway infrastructure:
(a)
save in the case of isolated networks, is equipped with ERTMS;
(b)
complies with Directive 2008/57/EC of the European Parliament and of the Council (25) and its implementing measures in order to achieve the interoperability of the comprehensive network;
(c)
complies with the requirements of the TSIs adopted pursuant to Article 6 of Directive 2008/57/EC, except where allowed by the relevant TSI or under the procedure provided for in Article 9 of Directive 2008/57/EC;
(d)
save in the case of isolated networks, is fully electrified as regards line tracks and, to the extent necessary for electric train operations, as regards sidings;
(e)
complies with the requirements laid down in Directive 2012/34/EU of the European Parliament and of the Council (26), as regards acess to freight terminals.
3. At the request of a Member State, in duly justified cases, exemptions shall be granted by the Commission in respect of requirements that go beyond the requirements of Directive 2008/57/EC concerning ERTMS and electrification.
Article 13 -
Priorities for railway infrastructure development
In the promotion of projects of common interest related to railway infrastructure, and in addition to the general priorities set out in Article 10, priority shall be given to the following:
(a)
deploying ERTMS;
(b)
migrating to 1 435 mm nominal track gauge;
(c)
mitigating the impact of noise and vibration caused by rail transport, in particular through measures for rolling stock and for infrastructure, including noise protection barriers;
(d)
meeting the infrastructure requirements and enhancing interoperability;
(e)
improving the safety of level crossings;
(f)
where appropriate, connecting railway transport infrastructure with inland waterway port infrastructure.
SECTION 2 - Inland waterways transport infrastructure
Article 14 -
Infrastructure components
1. Inland waterways infrastructure shall comprise, in particular:
(a)
rivers;
(b)
canals;
(c)
lakes;
(d)
related infrastructure such as locks, elevators, bridges, reservoirs and associated flood-prevention measures which may bring positive effects to inland waterway navigation;
(e)
inland ports, including the infrastructure necessary for transport operations within the port area;
(f)
associated equipment;
(g)
telematic applications, including RIS;
(h)
the connections of the inland ports to the other modes in the trans-European transport network.
2. To be part of the comprehensive network, inland ports shall have an annual freight transhipment volume exceeding 500 000 tonnes. The total annual freight transhipment volume shall be based on the latest available three-year average, as published by Eurostat.
3. Equipment associated with inland waterways may include equipment for the loading and unloading of cargos in inland ports. Associated equipment may include, in particular, propulsion and operating systems which reduce pollution, such as water and air pollution, energy consumption and carbon intensity. It may also include waste reception facilities, shore-side electricity facilities, and used oil collection facilities, as well as equipment for ice-breaking, hydrological services and dredging of the port and port approaches to ensure year-round navigability.
Article 15 -
Transport infrastructure requirements
1. Member States shall ensure that inland ports are connected with the road or rail infrastructure.
2. Inland ports shall offer at least one freight terminal open to all operators in a non-discriminatory way and shall apply transparent charges.
3. Member States shall ensure that:
(a)
rivers, canals and lakes comply with the minimum requirements for class IV waterways as laid down in the new classification of inland waterways established by the European Conference of Ministers of Transport (ECMT) and that there is continuous bridge clearance, without prejudice to Articles 35 and 36 of this Regulation.
At the request of a Member State, in duly justified cases, exemptions shall be granted by the Commission from the minimum requirements on draught (less than 2,50 m) and on minimum height under bridges (less than 5,25 m);
(b)
rivers, canals and lakes are maintained so as to preserve good navigation status, while respecting the applicable environmental law;
(c)
rivers, canals and lakes are equipped with RIS.
Article 16 -
Priorities for inland waterway infrastructure development
In the promotion of projects of common interest related to inland waterway infrastructures, and in addition to the general priorities set out in Article 10, priority shall be given to the following:
(a)
for existing inland waterways: implementing measures necessary to reach the standards of the inland waterways class IV;
(b)
where appropriate, achieving higher standards for modernising existing waterways and for creating new waterways in accordance with the technical aspects of infrastructure of the ECMT, in order to meet market demands;
(c)
implementing telematic applications, including RIS;
(d)
connecting inland port infrastructure to rail freight and road transport infrastructure;
(e)
paying particular attention to free-flowing rivers which are close to their natural state and which can therefore be the subject of specific measures;
(f)
the promotion of sustainable inland waterway transport;
(g)
modernisation and expansion of the capacity of the infrastructure necessary for transport operations within the port area.
SECTION 3 - Road transport infrastructure
Article 17 -
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;
(vi)
hard shoulders;
(b)
parking and rest areas;
(c)
associated equipment;
(d)
telematic applications, including ITS;
(e)
freight terminals and logistic platforms;
(f)
the connections of the freight terminals and logistic platforms to the other modes in the trans-European transport network;
(g)
coach 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. Those roads shall be adequately maintained to allow safe and secure traffic.
3. High-quality roads shall be specially designed and built for motor traffic, and shall be either motorways, 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 grade with any road, railway or tramway track, bicycle path or footpath; and
(iii)
is specially sign-posted as a motorway.
(b)
An express road is a road designed for motor traffic, which is accessible primarily from interchanges or controlled junctions and which:
(i)
prohibits stopping and parking on the running carriageway; and
(ii)
does not cross at grade with any railway or tramway track.
(c)
A conventional strategic road is a road which is not a motorway or express road but which is still a high-quality road as referred to in paragraphs 1 and 2.
4. Equipment associated with roads may 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, and for secure parking areas for commercial vehicles.
Article 18 -
Transport infrastructure requirements
Member States shall ensure that:
(a)
roads comply with the provisions of points (a), (b) or (c) of Article 17(3);
(b)
the safety of road transport infrastructure is assured, monitored and, when necessary, improved in accordance with the procedure provided for by Directive 2008/96/EC of the European Parliament and of the Council (27);
(c)
road tunnels over 500 m in length comply with Directive 2004/54/EC of the European Parliament and of the Council (28);
(d)
where applicable, the interoperability of toll collection systems is ensured in accordance with Directive 2004/52/EC of the European Parliament and of the Council (29) and with Commission Decision 2009/750/EC (30);
(e)
any intelligent transport system deployed by a public authority on road transport infrastructure complies with Directive 2010/40/EU and is deployed in a manner consistent with delegated acts adopted under that Directive.
Article 19 -
Priorities for road infrastructure development
In the promotion of projects of common interest related to road infrastructure, and in addition to the general priorities set out in Article 10, priority shall be given to the following:
(a)
improvement and promotion of road safety;
(b)
use of ITS, in particular multimodal information and traffic management systems, and integrated communication and payment systems;
(c)
introduction of new technologies and innovation for the promotion of low carbon transport;
(d)
provision of appropriate parking space for commercial users offering an appropriate level of safety and security;
(e)
the mitigation of congestion on existing roads.
SECTION 4 - Maritime transport infrastructure and motorways of the sea
Article 20 -
Infrastructure components
1. Maritime transport infrastructure shall comprise, in particular:
(a)
maritime space;
(b)
sea canals;
(c)
maritime ports, including the infrastructure necessary for transport operations within the port area;
(d)
the connections of the ports to the other modes in the trans-European transport network;
(e)
dykes, locks and docks;
(f)
navigational aids;
(g)
port approaches and fairways;
(h)
breakwaters;
(i)
motorways of the sea;
(j)
associated equipment;
(k)
telematic applications, including e-Maritime services and VTMIS.
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 for non-bulk cargo handling – 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.
3. Equipment associated with maritime transport infrastructure may include, in particular, equipment for traffic and cargo management, for the reduction of negative effects, including negative environmental effects, and for the use of alternative fuels, as well as equipment to ensure year-round navigability, including ice-breaking, hydrological surveys, and for dredging, maintenance and protection of the port and port approaches.
Article 21 -
Motorways of the sea
1. Motorways of the sea, representing as they do the maritime dimension of the trans-European transport network, shall contribute towards the achievement of a European maritime transport space without barriers. They shall consist of short-sea routes, ports, associated maritime infrastructure and equipment, and facilities as well as simplified administrative formalities enabling short-sea shipping or sea-river services to operate between at least two ports, including hinterland connections. Motorways of the sea shall include:
(a)
maritime links between maritime ports of the comprehensive network or between a port of the comprehensive network and a third-country port where such links are of strategic importance to the Union;
(b)
port facilities, freight terminals, logistics platforms and freight villages located outside the port area but associated with the port operations, information and communication technologies (ICT) such as electronic logistics management systems, and 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 comprise:
(a)
a maritime link and its hinterland connections within the core network between two or more core network ports; or
(b)
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 services and actions to support the mobility of persons and goods, activities for improving environmental performance, such as the provision of shore-side electricity that would help ships to reduce their emissions, making available facilities for ice-breaking, activities ensuring year-round navigability, dredging operations, and 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.
4. Within two years after being designated in accordance with Article 45, the European Coordinator for motorways of the sea shall present a detailed implementation plan for the motorways of the sea based on experiences and developments relating to Union maritime transport as well as the forecast traffic on the motorways of the sea.
Article 22 -
Transport infrastructure requirements
1. Member States shall ensure that:
(a)
maritime ports are connected with railway lines or roads and, where possible, inland waterways of the comprehensive network, except where physical constraints prevent such connection;
(b)
any maritime port that serves freight traffic offers at least one terminal which is open to users in a non-discriminatory way and which applies 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. Member States shall ensure that ports include equipment necessary to 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 (31) and in compliance with other relevant Union law.
3. Member States shall implement VTMIS and SafeSeaNet as provided for in Directive 2002/59/EC and shall deploy e-Maritime services, including in particular maritime single-window services, as provided for in Directive 2010/65/EU.
Article 23 -
Priorities for maritime infrastructure development
In the promotion of projects of common interest related to maritime infrastructure, and in addition to the priorities set out in Article 10, priority shall be given to the following:
(a)
promoting motorways of the sea including short-sea shipping, facilitating the development of hinterland connections and developing, in particular, measures to improve the environmental performance of maritime transport in accordance with the applicable requirements under Union law or relevant international agreements;
(b)
interconnection of maritime ports with inland waterways;
(c)
implementation of VTMIS and e -Maritime services;
(d)
introduction of new technologies and innovation for the promotion of alternative fuels and energy-efficient maritime transport, including LNG;
(e)
modernisation and expansion of the capacity of the infrastructure necessary for transport operations within the port area.
SECTION 5 - Air transport infrastructure
Article 24 -
Infrastructure components
1. Air transport infrastructure shall comprise, in particular:
(a)
air space, routes and airways;
(b)
airports;
(c)
the connections of the airports to the other modes in the trans-European transport network;
(d)
associated equipment;
(e)
air navigation systems, including the new-generation European air traffic management system (the 'SESAR system').
2. Airports shall comply with one of the following criteria:
(a)
for passenger airports, the total annual passenger traffic is at least 0,1 % of the total annual passenger volume of all airports of the Union, unless the airport in question 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 passenger volume and the total annual cargo volume are based on the latest available three-year average, as published by Eurostat.
Article 25 -
Transport infrastructure requirements
1. Member States shall ensure that any airport located on their territory offers at least one terminal which is open to all operators in a non-discriminatory way and which applies transparent, relevant and fair charges.
2. Member States 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 (32), apply to the air transport infrastructure of the comprehensive network.
3. Member States shall ensure that infrastructure for air traffic management is such as to permit the implementation of the Single European Sky in accordance with Regulation (EC) No 549/2004 of the European Parliament and of the Council (33), Regulation (EC) No 550/2004 of the European Parliament and of the Council (34), Regulation (EC) No 551/2004 of the European Parliament and of the Council (35) and Regulation (EC) No 552/2004, 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 26 -
Priorities for air transport infrastructure development
In the promotion of projects of common interest related to air transport infrastructure, and in addition to the priorities set out in Article 10, priority shall be given to the following:
(a)
increasing airport capacity;
(b)
supporting the implementation of the Single European Sky and of air traffic management systems, in particular those deploying the SESAR system;
(c)
improving multimodal interconnections between airports and infrastructure of other transport modes;
(d)
improving sustainability and mitigating the environmental impact from aviation.
SECTION 6 - Infrastructure for multimodal transport
Article 27 -
Infrastructure components
Freight terminals or logistic platforms shall comply with at least one of the following criteria:
(a)
their annual transhipment of freight exceeds, for non-bulk cargo, 800 000 tonnes or, for bulk cargo, 0,1 % of the corresponding total annual cargo volume handled in all maritime ports of the Union;
(b)
where there is no freight terminal or logistic platform complying with point (a) in a NUTS 2 region, the terminal or platform in question 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 28 -
Transport infrastructure requirements
1. Member States shall ensure, in a fair and non-discriminatory way, that:
(a)
transport modes are connected in any of the following places: freight terminals, passenger stations, inland ports, airports and maritime ports, in order to allow multimodal transport of passengers and freight;
(b)
without prejudice to the applicable Union and national law, freight terminals and logistic platforms, inland and maritime ports and 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 are in particular to enable real-time information to be provided on available infrastructure capacity, traffic flows and positioning, tracking and tracing, and ensure safety and security throughout multimodal journeys;
(c)
without prejudice to the applicable Union and national law, continuous passenger traffic across the comprehensive network is facilitated through appropriate equipment and the availability of telematic applications in railway stations, coach stations, airports and, where relevant, maritime and inland waterway ports.
2. Freight terminals shall be equipped with cranes, conveyors and other devices for moving freight between different transport modes and for the positioning and storage of freight.
Article 29 -
Priorities for multimodal transport infrastructure development
In the promotion of projects of common interest related to multimodal transport infrastructure, and in addition to the general priorities set out in Article 10, priority shall be given to the following:
(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 multimodal and single-mode services to be provided across the trans-European transport system.
SECTION 7 - Common provisions
Article 30 -
Urban nodes
When developing the comprehensive network in urban nodes, Member States shall, where feasible, aim to ensure:
(a)
for passenger transport: interconnection between rail, road, air and, as appropriate, inland waterway and maritime infrastructure of the comprehensive network;
(b)
for freight transport: interconnection between rail, road, and, as appropriate, inland waterway, air and maritime infrastructure of the comprehensive network;
(c)
adequate connection between different railway stations, ports 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 and urban freight delivery, including logistic consolidation and distribution centres;
(e)
mitigation of the exposure of urban areas to negative effects of transiting rail and road transport, which may include bypassing of urban areas;
(f)
promotion of efficient low-noise and low-carbon urban freight delivery.
Article 31 -
Telematic applications
1. Telematic applications shall be such as to enable traffic management and the exchange of information within and between transport modes for multimodal transport operations and value-added transport-related services, improvements in safety, security and environmental performance, and simplified administrative procedures. Telematic applications shall facilitate seamless connection between the infrastructure of the comprehensive network and the infrastructure for regional and local transport.
2. Telematic applications shall be deployed where feasible across the Union, in order to enable a set of interoperable basic capabilities to exist in all Member States.
3. The telematic applications referred to in this Article shall, for the respective transport modes, include in particular:
—
for railways: ERTMS;
—
for inland waterways: RIS;
—
for road transport: ITS;
—
for maritime transport: VTMIS and e-Maritime services, including single-window services such as the maritime single window, port community systems and relevant customs information systems;
—
for air transport: air traffic management systems, in particular those resulting from the SESAR system.
Article 32 -
Sustainable freight transport services
Member States shall pay particular attention to projects of common interest which both provide efficient freight transport services that use the infrastructure of the comprehensive network and contribute to reducing carbon dioxide emissions and other negative environmental impacts, and which aim to:
(a)
improve sustainable use of transport infrastructure, including its efficient management;
(b)
promote the deployment of innovative transport services, including through motorways of the sea, telematic applications and the development of the ancillary infrastructure necessary to achieve mainly environmental and safety-related goals of those services, as well as the establishment of relevant governance structures;
(c)
facilitate multimodal transport service operations, including the necessary accompanying information flows, and improve cooperation between transport service providers;
(d)
stimulate resource and carbon efficiency, in particular in the fields of vehicle traction, driving/steaming, systems and operations planning;
(e)
analyse and provide information on fleet characteristics and performance, administrative requirements and human resources;
(f)
improve links to the most vulnerable and isolated parts of the Union, in particular outermost, island, remote and mountain regions.
Article 33 -
New technologies and innovation
In order for the comprehensive network to keep up with innovative technological developments and deployments, the aim shall be in particular to:
(a)
support and promote the decarbonisation of transport through transition to innovative and sustainable transport technologies;
(b)
make possible the decarbonisation of all transport modes by stimulating energy efficiency, introduce alternative propulsion systems, including electricity supply systems, and provide corresponding infrastructure. Such infrastructure may include grids and other facilities necessary for the energy supply, may take account of the infrastructure-vehicle interface and may encompass telematic applications;
(c)
improve the safety and sustainability of the movement of persons and of the transport of goods;
(d)
improve the operation, management, accessibility, interoperability, multimodality and efficiency of the network, including through multimodal ticketing and coordination of travel timetables;
(e)
promote efficient ways to provide accessible and comprehensible information to all citizens regarding interconnections, interoperability and multimodality;
(f)
promote measures to reduce external costs, such as congestion, damage to health and pollution of any kind including noise and emissions;
(g)
introduce security technology and compatible identification standards on the networks;
(h)
improve resilience to climate change;
(i)
further advance the development and deployment of telematic applications within and between modes of transport.
Article 34 -
Safe and secure infrastructure
Member States shall give due consideration to ensuring that transport infrastructure provides for safe and secure passenger and freight movements.
Article 35 -
Resilience of infrastructure to climate change and environmental disasters
During infrastructure planning, Member States shall give due consideration to improving resilience to climate change and to environmental disasters.
Article 36 -
Environmental protection
Environmental assessment of plans and projects shall be carried out in accordance with the Union law on the environment, including Directives 92/43/EEC, 2000/60/EC, 2001/42/EC, 2009/147/EC and 2011/92/EU.
Article 37 -
Accessibility for all users
Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular elderly people, persons of reduced mobility and passengers with a disability.
The design and construction of transport infrastructure shall comply with the relevant requirements laid down in Union law.
CHAPTER III - THE CORE NETWORK
Article 38 -
Identification of the core network
1. The core network, as shown on the maps contained 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, and shall reflect evolving traffic demand and the need for multimodal transport. It shall, in particular, contribute to coping with increasing mobility and ensuring a high safety standard 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. Without prejudice to Article 1(4) and Article 41(2) and (3), Member States shall take the appropriate measures for the core network to be developed in order to comply with the provisions of this Chapter by 31 December 2030.
In accordance with Article 54, the implementation of the core network shall be evaluated by the Commission by 31 December 2023.
Article 39 -
Infrastructure requirements
1. Innovative technologies, telematic applications 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 for both passengers and freight transport and to provide for sufficient capacity.
2. The infrastructure of the core network shall meet all the requirements set out in Chapter II. In addition, the following requirements shall be met by the infrastructure of the core network, without prejudice to paragraph 3:
(a)
for railway transport infrastructure:
(i)
full electrification of the line tracks and, as far as necessary for electric train operations, sidings;
(ii)
freight lines of the core network as indicated in Annex I: at least 22,5 t axle load, 100 km/h line speed and the possibility of running trains with a length of 740 m;
(iii)
full deployment of ERTMS;
(iv)
nominal track gauge for new railway lines: 1 435 mm except in cases where the new line is an extension on a network the track gauge of which is different and detached from the main rail lines in the Union.
Isolated networks are exempt from requirements (i) to (iii);
(b)
for inland waterway and maritime transport infrastructure:
—
availability of alternative clean fuels;
(c)
for road transport infrastructure:
—
the requirements under points (a) or (b) of Article 17(3);
—
the development of rest areas on motorways approximately every 100 km in line with the needs of society, of the market and of the environment, in order inter alia to provide appropriate 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.
3. Without prejudice to Directive 2008/57/EC, at the request of a Member State, as regards railway transport infrastructure, exemptions may be granted by the Commission in duly justified cases in relation to the train length, ERTMS, axle load, electrification and line speed.
At the request of a Member State, as regards road transport infrastructure, exemptions from the provisions of points (a) or (b) of Article 17(3) may be granted by the Commission in duly justified cases as long as an appropriate level of safety is ensured.
The duly justified cases referred to in this paragraph shall include cases where investment in infrastructure cannot be justified in socio-economic cost-benefit terms.
Article 40 -
Development of the core network
The transport infrastructure included in the core network shall be developed in accordance with the corresponding provisions of Chapter II.
Article 41 -
Nodes of the core network
1. The nodes of the core network are set out in Annex II and include:
(a)
urban nodes, including their ports and airports;
(b)
maritime ports and inland waterways ports;
(c)
border crossing points to neighbouring countries;
(d)
rail-road terminals;
(e)
passenger and freight airports.
2. Maritime ports of the core network indicated in Part 2 of Annex II shall be connected with the railway and road and, where possible, inland waterway transport infrastructure of the trans-European transport network by 31 December 2030, except where physical constraints prevent such connection.
3. The main airports indicated in Part 2 of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2050, except where physical constraints prevent such connection. Taking into account potential traffic demand, such airports shall be integrated into the high-speed rail network wherever possible.
CHAPTER IV - IMPLEMENTATION OF THE CORE NETWORK THROUGH CORE NETWORK CORRIDORS
Article 42 -
The instrument of core network corridors
1. Core network corridors are an instrument to facilitate the coordinated implementation of the core network. In order to lead to resource-efficient multimodal transport, thereby contributing to cohesion through improved territorial cooperation, core network corridors shall be focused on:
(a)
modal integration,
(b)
interoperability, and
(c)
a coordinated development of infrastructure, in particular in cross-border sections and bottlenecks.
2. Core network corridors shall enable Member States to achieve a coordinated and synchronised approach with regard to investment in infrastructure, so as to manage capacities in the most efficient way. The core network corridors shall support the comprehensive deployment of interoperable traffic management systems and, where appropriate, the use of innovation and new technologies.
Article 43 -
Definition of core network corridors
1. Core network corridors cover the most important long-distance flows in the core network and are intended, in particular, to improve cross-border links within the Union.
2. Core network corridors shall be multimodal and open to the inclusion of all transport modes covered in this Regulation. They cross at least two borders and, if possible, involve at least three transport modes, including, where appropriate, motorways of the sea.
Article 44 -
List of core network corridors
1. The list of core network corridors is set out in Part I of Annex I to Regulation (EU) No 1316/2013. Member States shall participate, as provided for in this Chapter, in those core network corridors.
2. The Commission shall make available schematic indicative maps of the core network corridors in a format easily accessible to the public.
Article 45 -
Coordination of core network corridors
1. In order to facilitate the coordinated implementation of core network corridors, ERTMS and motorways of the sea, the Commission shall, in agreement with the Member States concerned, and after consulting the European Parliament and the Council, designate one or more European Coordinators.
2. The European Coordinator shall be chosen, in particular, on the basis of his/her knowledge of issues relating to transport and to the financing and/or the socio-economic and environmental evaluation of major projects, as well as his/her experience of European institutions.
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, which shall provide the necessary secretarial assistance. The remit of the European Coordinator shall relate to a single core network corridor or to the implementation of ERTMS or to the implementation of motorways of the sea, respectively.
5. The European Coordinator shall:
(a)
support the coordinated implementation of the core network corridor concerned, and in particular the timely implementation of the work plan for that core network corridor;
(b)
draw up the corridor work plan together with the Member States and monitor its implementation;
(c)
consult with the Corridor Forum in relation to that plan and its implementation;
(d)
report to the Member States, to the Commission and, as appropriate, to all other entities directly involved in the development of the core network corridor on any difficulties encountered and, in particular when the development of a corridor is being impeded, with a view to helping to find appropriate solutions;
(e)
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 corridor;
(f)
examine the demand for transport services, the possibilities of investment funding and financing and the steps to be taken and the conditions to be met in order to facilitate access to such funding or financing, and give appropriate recommendations.
6. The European Coordinator may consult, together with the Member States concerned, regional and local authorities, transport operators, transport users and representatives of civil society in relation to the work plan and its implementation.
7. The Member States concerned shall cooperate with the European Coordinator and give the Coordinator the information required in order to perform the tasks prescribed in this Article, including information on the development of corridors in any relevant national infrastructure plans.
8. Without prejudice to the applicable Union and national law, the Commission may request the opinion of the European Coordinator when examining applications for Union funding for core network corridors with which the European Coordinator is entrusted, in order to ensure the consistency and advancement of each corridor.
9. If the European Coordinator is unable to carry out his or her mandate satisfactorily and in accordance with the requirements laid down in this Article, the Commission may at any time, in agreement with the Member States concerned, terminate that mandate. A replacement may be designated in accordance with the procedure set out in paragraph 1.
Article 46 -
Governance of core network corridors
1. For each core network corridor, the relevant European Coordinator shall be assisted in the performance of his/her tasks concerning the work plan and its implementation by a secretariat and by a consultative forum (the Corridor Forum). In agreement with the Member States concerned, the Corridor Forum shall be established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the core network corridor.
2. With the agreement of the Member States concerned, the Coordinator may set up and chair corridor working groups which focus on:
(a)
modal integration,
(b)
interoperability,
(c)
the coordinated development of infrastructure in cross-border sections.
Article 47 -
Work plan
1. Each European Coordinator shall, by 22 December 2014, submit to the Member States concerned a work plan analysing the development of the corridor. After it has been approved by the Member States concerned, the work plan shall be submitted for information to the European Parliament, the Council and the Commission.
The work plan shall include, in particular, a description of the characteristics, cross-border sections and objectives of the core network corridor, applying the objectives and priorities set out in Articles 4 and 10. The work plan shall include an analysis of:
(a)
the deployment of interoperable traffic management systems;
(b)
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;
(c)
where appropriate, measures to improve the administrative and technical capacity to conceive, plan, design, procure, implement and monitor projects of common interest;
(d)
the possible impacts of climate change on the infrastructure and, where appropriate, proposed measures to enhance resilience to climate change;
(e)
measures to be taken in order to mitigate greenhouse gas emissions, noise and, as appropriate, other negative environmental impacts.
The work plan shall include details of public consultations which support the development of the work plan and its implementation.
The work plan shall also comprise an analysis of the investment required, 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 corridor;
—
the various sources envisaged, in partnership with the Member States concerned, for funding and financing, at international, national, regional, local and Union levels, 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 by the Union envisaged under the Union's financial programmes.
2. Subject to Article 1(4) and Article 54, and after approval by the Member States concerned, the Commission may adopt implementing acts for the cross-border and horizontal dimensions of the core network corridor work plans.
Once adopted, the Commission shall adapt those implementing acts, after approval by the Member States concerned, to take into account the progress made, delays encountered or updated national programmes.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2).
3. The European Coordinator shall support Member States in implementing the work plan, in particular as regards:
(a)
the investment planning, the related costs and implementation timeline, estimated as necessary to implement the core network corridors;
(b)
defining measures aimed at promoting the introduction of new technologies in traffic and capacity management and, where appropriate, reducing external costs, in particular greenhouse gas emissions and noise.
Article 48 -
Cooperation with Rail Freight Corridors
1. Adequate coordination shall be ensured between the core network corridors and the rail freight corridors provided for in Regulation (EU) No 913/2010, in order to avoid any duplication of activity, in particular when establishing the work plan or setting up working groups.
2. The provisions of this Chapter shall be without prejudice to the governance structures set out in Regulation (EU) No 913/2010.
CHAPTER V - COMMON PROVISIONS
Article 49 -
Updating and reporting
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects and the investments made for that purpose. This shall include the transmission of annual data as far as possible through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include all relevant data concerning projects of common interest in receipt of Union funding.
The Commission shall ensure that TENtec is publicly and easily accessible and that it contains project-specific and updated information on the forms and amounts of Union co-funding, as well as on the progress of each project.
The Commission shall ensure that TENtec does not make publicly available any information which is commercially confidential, or which could prejudice or unduly influence any process of public procurement in a Member State.
The Commission shall make available information on financial assistance provided under other Union law, including the Cohesion Fund, the European Regional Development Fund and Horizon 2020, and in the form of loans and financing instruments established by the European Investment Bank.
2. Member States shall provide the Commission with abstracts of national plans and programmes which they are drawing up with a view to development of the trans-European transport network. Once they have been adopted, the Member States shall send the national plans and programmes to the Commission for information.
3. Every two years starting from 21 December 2013, the Commission shall publish a progress report on its implementation, which shall be submitted for information to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The report shall cover the use of the various forms of financial assistance mentioned in paragraph 1, for the various transport modes and other elements of the core and comprehensive networks in each Member State.
The report shall also analyse the development of the trans-European transport network. It shall also outline the Commission's coordination of all forms of financial assistance with a view to supporting a coherent application of the guidelines in line with their objectives and priorities.
4. Subject to the second paragraph of Article 172 TFEU, the Commission shall be empowered to adopt delegated acts in accordance with Article 53 of this Regulation concerning the adaptation of Annexes I and II to take account of possible changes resulting from the quantitative thresholds laid down in Articles 14, 20, 24 and 27 of this Regulation. When adapting those Annexes, the Commission shall:
(a)
include logistic platforms, freight terminals, rail-road 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;
(b)
exclude logistic platforms, freight terminals, rail-road 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 in a strictly limited way 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 authorisation procedure.
The adaptations under points (a) and (b) shall be based on the latest available statistics published by Eurostat or, if those statistics are not available, by the national statistics offices of the Member States. The adaptations under point (c) shall be based on the information provided by the Member State concerned in accordance with paragraph 1.
5. 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 from the date of entry into force of those delegated acts adopted pursuant to paragraph 4 of this Article.
Projects of common interest concerning infrastructure which have been excluded from the trans-European transport network shall cease to be eligible as from the date of entry into force of the delegated acts adopted pursuant to paragraph 4 of this Article. The cessation of eligibility shall not affect financing or grant decisions taken by the Commission before that date.
6. Subject to Article 172(2) TFEU, the Commission shall be empowered to adopt delegated acts in accordance with Article 53 of this Regulation concerning the adaptation of Annex III in order to include or adapt indicative maps of neighbouring countries, based on high-level agreements on transport infrastructure networks between the Union and the neighbouring countries concerned.
Article 50 -
Engagement with public and private stakeholders
1. Projects of common interest relate to all directly concerned stakeholders. These may be entities other than Member States, which may include regional and local authorities, managers and users of infrastructure as well as industry and civil society.
2. National procedures regarding regional and local authorities as well as civil society affected by a project of common interest shall be complied with, where appropriate, in the planning and construction phase of a project. The Commission shall promote the exchange of good practice in this regard.
3. The stakeholders referred to in paragraph 1 may, within the scope of their competence, also use, in addition to the Connecting Europe Facility and the Cohesion Fund, other specific European programmes, in particular those supporting regional development, European Territorial Cooperation, Research and Innovation or Environment and Climate action. Those stakeholders may thereby contribute to achievement of the objectives of this Regulation and, moreover, specifically strengthen:
(a)
the enhancement of regional mobility, thereby promoting access to the trans-European transport network, for all regions of the Union;
(b)
the promotion of cross-border projects;
(c)
the integration of urban nodes into the trans-European transport network (including promotion of sustainable urban mobility);
(d)
the promotion of sustainable transport solutions, such as enhanced accessibility by public transport, telematic applications, intermodal terminals/multimodal transport chains, low-carbon and other innovative transport solutions and environmental improvements;
(e)
the enhancement of cooperation between the different stakeholders.
Article 51 -
Underlying principles for the assessment of socio-economic cost-benefit analysis and European added value
Based on the objectives set out in Article 4, the Commission shall publish the underlying principles it uses for the assessment of socio-economic cost-benefit and European added value analyses in relation to projects of common interest for which Union funding is sought.
Article 52 -
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third paragraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 53 -
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 49(4) and (6) shall be conferred on the Commission for a period of five years from 21 December 2013. The Commission shall draw up a report in respect of the delegation of power not latter than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of powers referred to in Article 49(4) and (6) 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 Article 49(4) and (6) 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 54 -
Review
1. By 31 December 2023, the Commission, having consulted with Member States as appropriate and with the assistance of the European Coordinators, shall carry out a review of the implementation of the core network, evaluating:
(a)
compliance with the provisions laid down in this Regulation;
(b)
progress in the implementation of this Regulation;
(c)
changes in passenger and freight transport flows;
(d)
developments in national transport infrastructure investment;
(e)
the need for amendments to this Regulation.
The evaluation shall also consider, inter alia, the impact of evolving traffic patterns and relevant developments in infrastructure investment plans.
In addition to carrying out that review, the Commission, in cooperation with the Member States, shall assess whether new sections, such as certain former cross-border priority projects listed in Decision No 661/2010/EU, are to be included in the core network. The Commission shall present a legislative proposal if appropriate.
2. When carrying out that review, the Commission shall evaluate whether the core network as provided for in this Regulation will comply with the provisions of Chapter III by 2030 while taking into account the economic and budgetary situation in the Union and in individual Member States. The Commission shall also evaluate, in consultation with the Member States, whether the core network should be modified to take into account developments in transport flows and national investment planning. If necessary, the Commission may submit a proposal for amendment of this Regulation.
For that proposal, the Commission may also specify the date for completion of the comprehensive network as laid down in Article 9(2).
Article 55 -
Single Contact Authority
Member States may appoint a Single Contact Authority for the purpose of facilitating and coordinating the process of granting permits for projects of common interest, in particular cross-border projects, in accordance with the applicable Union law.
Article 56 -
Delay in completion of the core network
In the event of significant delay in starting or completing work on the core network, the Commission may ask 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 that has caused the delay.
Article 57 -
Exemptions
The provisions relating to railways, and in particular any requirement to connect airports and ports to railways, shall not apply to Cyprus and Malta for as long as no railway system is established within their territory.
Article 58 -
Transitional provisions
1. Financing decisions adopted under Regulation (EC) No 680/2007 of the European Parliament and of the Council (36), based on Decision No 661/2010/EU, which are under way at the time of entry into force of this Regulation shall continue to be subject to Decision No 661/2010/EU in the version in force on 20 December 2013.
2. References to priority projects as listed in Annex III to Decision No 661/2010/EU shall be construed as references to the core network as defined in this Regulation.
Article 59 -
Repeal
Without prejudice to Article 58 of this Regulation and point (d) of Article 7(2) of Regulation (EU) No 1316/2013, Decision No 661/2010/EU is repealed.
Article 60 -
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
