Legal provisions of COM(2013)329 - Guidelines for trans-European telecommunications networks

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dossier COM(2013)329 - Guidelines for trans-European telecommunications networks.
document COM(2013)329 EN
date May 28, 2013

Contents

Article 1 - Subject matter

1. This Regulation lays down guidelines for the timely deployment and interoperability of projects of common interest in the field of trans-European telecommunications networks to determine those trans-European telecommunication networks that shall be supported in accordance with Regulation XXX (CEF Regulation) in their development, implementation, deployment, interconnection, and interoperability.

These guidelines provide for the objectives and priorities of projects of common interest, identify projects of common interest and set out criteria for the identification of new projects of common interest.

2. In particular, this Regulation provides for:

(a) the objectives for projects of common interest;

(b) the conditions under which projects of common interest may be eligible for Union financial assistance in accordance with Regulation (EU) No xxx/2012 [CEF regulation] in their development, implementation, deployment, interconnection, and interoperability.

(c) the criteria for the establishment of priorities for projects of common interest to receive or benefit from Union financial assistance.

Article 2 - Objectives

The projects of common interest shall:

(1) contribute to economic growth and support the development of the Single Market resulting in the improvement of the competitiveness of the European economy, including small and medium sized enterprises (SMEs).

(2) contribute to improvements in daily life for citizens, businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks.

(3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks which, in turn, shall facilitate the development and deployment of trans-European digital services.

(4) facilitate sustainable deployment of trans-European digital service infrastructures, their interoperability and coordination at European level, their operation, maintenance and upgrading.

(5) contribute to greenhouse gas emission reductions, as well as protecting and improving the environment.

Article 2 - 3 Definitions

1. For the purposes of this Regulation, the definitions set out in Article 2 of Regulation (EU) No xxx/2012 (CEF Regulation) apply. following definitions shall apply:

2. The following definitions shall also apply:

(a) 'Telecommunication Telecommunications networks' means broadband networks and digital service infrastructures.

(b) 'Digital service infrastructures' enable networked services to be delivered electronically, typically over the internet, providing trans-European interoperable services of common interest for citizens, businesses and/or governments. Digital service infrastructures are composed of core service platforms and generic services.

(c) “Building blocks” means reusable digital service infrastructures,

(d) “Core service platforms” means central hubs of digital service infrastructures aiming to ensure trans-European connectivity, access and interoperability. Core service platforms shall be open to Member States and may be open to other entities.

(e) "Generic services” means services linking one or more national infrastructure(s) to one or more core service platform(s) with a view to deliver cross border digital services.

(f) 'Broadband networks' means wired and wireless (including satellite) access networks, ancillary infrastructure and core networks capable of delivering very high speed connectivity, thereby contributing to the broadband targets of the Digital Agenda for Europe.

(g) 'Digital service infrastructures' means networked services delivered electronically, typically over the internet, providing trans-European interoperable services in the public interest and having an enabling character for citizens, businesses and/or governments.

(h) 'European added value' means the value resulting from an EU intervention which is additional to the value that would have otherwise been achieved by Member State action alone or an action by a group of Member States.  For the purposes of this Regulation, the definitions set out in Regulation XXX (CEF Regulation) shall also apply.

Article 3 - Objectives

1. The projects of common interest shall contribute to achieving the general objectives specified in article 3 of Regulation (EU) No xxx/2012 [CEF regulation].

2. In addition to the general objectives, the projects of common interest shall pursue one or more of the following specific objectives:

(a) economic growth and support to the completion of the Digital Single Market in support of the competitiveness of the European economy, including small and medium sized enterprises (SMEs).

(b) improvements in the daily life for citizens, businesses and governments through the promotion of interconnection and interoperability of national, regional and local telecommunications networks as well as access to such networks.

3. The following operational priorities shall contribute to the achievement of the objectives mentioned in paragraphs (1) and (2):

(a) interoperability, connectivity, sustainable deployment, operation and upgrading of trans-European digital service infrastructures and their common building blocks, as well as coordination at European level.

(b) efficient flow of private and public investments to stimulate the deployment and modernisation of broadband networks in view to contribute towards achieving the broadband targets of the Digital Agenda for Europe.

Article 4 - Priorities for projects of common interest

Taking into account the objectives set out in Article 2, the priorities for projects of common interest shall be:

(a) the deployment of ultra fast broadband networks ensuring the speed of data transmission of 100 Mbps and above;

(b) the deployment of broadband networks to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and above;

(c) the support to core service platforms in the field of digital service infrastructures;

(d) actions allowing to achieve synergies and interoperability between different projects of common interest in the field of Telecommunications, between projects of common interest concerning different types of infrastructures, including Transport and Energy, between project of common interest in the field of Telecommunications and projects supported by the Structural and Cohesion funds, as well as relevant research infrastructures.

Article 4 - 5 Projects of common interest

1. Projects of common interest set out in the Annex shall contribute to the achievement of the objectives set out in Article 2.

1. Projects of common interest shall in particular:

(a) aim at the creation and/or enhancement of interoperable and, whenever possible, internationally compatible core service platforms and their common building blocks, accompanied by generic services for digital service infrastructures.

(b) provide efficient investment vehicles for broadband, attract new categories of investors and project promoters and encourage replicability of innovative projects and business models.

2. A project Projects of common interest may encompass their its entire cycle, including feasibility studies, implementation, continuous operation, coordination and evaluation.

3. Projects of common interest may be supported through horizontal actions.

4. Projects of common interest and actions contributing to them are further described in the Annex to this Regulation.

3. Member States and/or other entities in charge of the implementation of projects of common interest or contributing to their implementation shall take the necessary legal, administrative, technical and financial measures in compliance with the corresponding specifications of this Regulation.

4. The Union may facilitate the implementation of the projects of common interest through regulatory measures, where appropriate, through coordination, through support measures and through financial support to stimulate their deployment and take-up, as well as public and private investment.

5. Actions contributing to projects of common interest shall be eligible for EU financial support under the conditions and instruments available under the Regulation establishing the Connecting Europe Facility [REF]. Financial support shall be provided in accordance with the relevant rules and procedures adopted by the Union, funding priorities and the availability of resources.

6. The Commission shall be empowered to adopt delegated acts modifying the description of projects of common interest included in the Annex, adding new projects of common interest to the Annex, or removing obsolete projects of common interest from the Annex, in accordance with paragraphs 7, 8 and 9 below and in accordance with Article 8.

7. While adopting the delegated act referred to in paragraph 6 above, the Commission shall assess whether modifying the description of project of common interest or adding a new project of common interest responds to the needs arising from:

(a) new technological and market developments; or

(b) emerging political priorities; or

(c) new opportunities for exploiting synergies between different infrastructures, including those in the field of Transport and Energy.

8. In addition to the criteria established in paragraph 7, if the delegated act concerns adding a new project of common interest the Commission shall also assess whether such project meets cumulatively the following criteria:

(a) contributes to the achievement of the objectives set out in Article 2;

(b) is based on mature technology ready for deployment;

(c) demonstrates European added value.

9. While adopting a delegated act removing an obsolete project of common interest from Annex, the Commission shall assess whether such project no longer responds to the needs set out in paragraph 7 or no longer meets the criteria set out in paragraph 8.

Article 5 - Methods of intervention

1. In the area of digital service infrastructures, core service platforms shall be implemented primarily by the Union while generic services shall be implemented by the parties connecting to the relevant core service platform. Investments in broadband networks are undertaken predominantly by the private sector. Public support shall be provided only where there is market failure or a sub-optimal investment situation.

2. Member States, including local and regional authorities, and/or other entities in charge of or contributing to the implementation of projects of common interest shall take the necessary legal, administrative, technical and financial measures in compliance with the corresponding specifications of this Regulation.

3. Actions contributing to projects of common interest shall be eligible for EU financial support under the conditions and instruments available under Regulation (EU) No xxx/2012 [CEF regulation]. Financial support shall be provided in accordance with the relevant rules and procedures adopted by the Union, funding priorities and availability of resources. In particular:

(a) Actions contributing to projects of common interest in the field of digital service infrastructures can be supported by:

(a) procurement and/or

(b) grants.

(b) Actions contributing to projects of common interest in the field of broadband networks can be supported by:

(a) financial instruments as defined in Regulation (EU) No xxx/2012 [CEF regulation], which shall be open to additional contributions from other parts of the Connecting Europe Facility, other instruments, programmes and budget lines in the Union budget, Member States, including regional and local authorities and any other investors, including private investors in accordance with Article 15.2 of Regulation (EU) No xxx/2012 [CEF regulation] and /or

(b) the combination of financial instruments and grants from public sources other than the CEF, whether EU or national.

(c) Horizontal actions shall be supported by

(a) procurement and/or

(b) grants.

4. Where the support from the CEF complements ESIF and other direct public support, the achievement of synergies between CEF actions and support from ESIF may be reinforced by using an appropriate coordination mechanism.

Article 6 - Eligibility criteria and priorities for funding

1. Actions contributing to projects of common interest in the field of digital service infrastructures must, to be eligible for funding, cumulatively:

(a) have reached sufficient maturity to be deployed, as proven in particular through successful piloting under programmes such as the Union programmes related to innovation and research,

(b) contribute to Union policies and activities in support of the single market;

(c) create European added value and long term sustainability, where appropriate through funding sources other than CEF, as demonstrated by a feasibility and cost-benefit assessment;

(d) comply with agreed standards, specifications and orientations for interoperability, such as the European Interoperability Framework, and capitalise on existing solutions.

2. Building blocks essential for, and with demonstrable prospects of being used in, the development, deployment and operation of other digital service infrastructures as listed in the annex shall be given first priority for funding.

3. Second priority shall be given to digital service infrastructures in support of specific provisions of EU legislation and based on existing building blocks.

4. On the basis of the objectives provided for in Article 3 and in function of the available budget, the work programmes may establish further eligibility and priority criteria in the field of digital service infrastructures.

5. Actions contributing to projects of common interest in the field of broadband networks shall cumulatively meet the following criteria in order to be eligible for funding:

(a) make a significant contribution to the realisation of the targets of the Digital Agenda for Europe.

(b) have sufficiently mature project development and preparation stages that are underpinned by effective implementation mechanisms.

(c) address market imperfections or sub-optimal investment situations.

(d) not lead to market distortions and crowding out of private investment

(e) use the technology which is deemed most suitable to address the needs of the area in question taking into account geographic, social and economic factors based on objective criteria and in line with technological neutrality.

(f) deploy state of the art technology and/or be based on innovative business models, and have a high potential for replicability.

6. The criteria mentioned in point (f) of the preceding paragraph shall not be required for project funded from additional ring-fenced contributions provided in accordance with Article 15.2 of Regulation (EU) No xxx/2012 [CEF regulation]

7. Eligibility criteria for horizontal actions shall be set out in the work programmes.

Article 7 - 6 Cooperation with third countries and international organisations

The Union may establish contacts, discuss, exchange information and cooperate with public authorities or any other organisations in third countries to achieve any objective pursued by these guidelines where such cooperation gives rise to a European added value. Among other objectives, this cooperation shall seek to promote the interoperability between the trans-European telecommunication networks telecommunications networks in the Union and telecommunication telecommunications networks of third countries.

2. The Union may further establish contacts, discuss, exchange information and cooperate with international organisations and legal entities established in third countries to achieve any objective pursued by these guidelines.

Article 8 - 7 Exchange of information, monitoring and reporting review

1. On the basis of information received under Article 21 of the Regulation XXX establishing the CEF Connecting Europe Facility, Member States and the Commission shall exchange information about the progress made with the implementation of these guidelines.

2. The Commission shall consult and be assisted by an Expert Group, composed of a representative of each Member State, for monitoring of the implementation of these guidelines, assisting in the planning through the national strategies for high speed internet and mapping of infrastructures, and exchanging information. The Expert Group may also consider any other issue relating to the development of the trans-European telecommunication networks. In particular, the Expert Group shall assist the Commission in:

(a) monitoring the implementation of these guidelines;

(b) planning national plans or national strategies, where applicable;

(c) undertaking measures to evaluate the implementation of the work programmes on a financial and technical level;

(d) addressing existing or emerging project implementation problems.

The Expert Group may also consider any other issue relating to the development of the trans-European telecommunications networks.

3. In conjunction with the mid-term evaluation and the ex-post evaluation of the Regulation XXX establishing the CEF Connecting Europe Facility and after consulting the Expert Group, the Commission shall publish a report on the progress in the implementation of these guidelines. That report shall will be submitted to the European Parliament and the Council, the European Economic and Social Committee and the Committee of the Regions.

4. In these reports the Commission shall also evaluate whether the scope of the projects of common interest continues to reflect political priorities, technological developments and innovations as well as regulatory or market and economic developments and whether, in view of such developments and the need for long-term sustainability, funding for any of the project of common interest supported should be phased out or sourced in other ways or the situation in the relevant markets. For major projects which are likely to have significant effects on the environment, these reports shall include an analysis of the environmental impact, taking into account, where appropriate climate change adaptation and mitigation needs, and disaster resilience. Such an evaluation a review may also be carried out at any other time when it is deemed appropriate.

5. The achievement of the sectorial objectives set out in Article 3 shall be measured ex post inter alia by:

(a) the availability of digital service infrastructures, measured by the number of Member States connected to each digital service infrastructure.

(b) the percentage of citizens and businesses using digital service infrastructures and the availability of such services across borders.

(c) the volume of investments attracted in the field of broadband and the leverage effect.

Article 8 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in the Articles 5(6) shall be conferred on the Commission for an indeterminate period of time from the date of the entry into force of this Regulation.

3. The delegation of power referred to in Article 5(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect on 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 5(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of 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 2 months at the initiative of the European Parliament or the Council.

Article 9 - Repeal

Decision No 1336/97/EC, as amended by Decision No 1376/2002/EC, is repealed.

Article 10 - 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 from 1 January 2014.

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