Considerations on COM(2009)113 - General rules for the granting of Community financial aid in the field of trans-European networks (codified version) - Main contents
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| dossier | COM(2009)113 - General rules for the granting of Community financial aid in the field of trans-European networks (codified version). |
|---|---|
| document | COM(2009)113  |
| date | November 30, 2009 |
| (2) | Article 155 of the Treaty provides that the Community shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks and that it may support projects of common interest supported by Member States in the sphere of trans-European networks. Under that Article Community aid may be granted to projects of common interest which are identified in the framework of the guidelines. |
| (3) | General rules should be laid down for the Community financing of trans-European networks, thereby permitting implementation of Article 155. |
| (4) | Involvement of private capital funding trans-European networks should be increased and the partnership between the public and private sectors developed. |
| (5) | Community aid may take the form in particular of feasibility studies, loan guarantees or interest rate subsidies. These subsidies and guarantees relate in particular to financial support from the European Investment Bank or other public or private financial bodies. In certain duly justified cases direct grants to investments may be considered. |
| (6) | Loan guarantees should be granted on a commercial basis by the European Investment Fund or by other financial organisations. Community financial aid may cover all or part of the premiums paid by the beneficiaries of these guarantees. |
| (7) | Community aid is chiefly intended to overcome any financial obstacles which may arise during the start-up phase of a project. |
| (8) | It is necessary to set a limit for Community aid in relation to the total cost of investment. However, a higher rate of Community aid to promote completion of the cross-border connections for the priority projects should be provided. |
| (9) | The establishment of public-private partnerships (or of other forms of cooperation between the public and private sectors) demands a firm financial commitment from institutional investors which is sufficiently attractive to raise private capital. Granting Community financial aid on a multiannual basis would remove the uncertainties which are slowing down project development. Measures should therefore be taken to grant financial support to the projects selected on the basis of a multiannual legal commitment. |
| (10) | Community aid should be granted to projects on the basis of how much they contribute to the objectives of Article 154 of the Treaty and the other objectives and priorities covered by the guidelines referred to in Article 155 of the Treaty. Account should also be taken of other aspects such as the stimulative effect on public and private finance, the direct and indirect socio-economic effects of projects, in particular on employment, and the consequences for the environment. |
| (11) | It is appropriate to allow risk capital participation in investment funds with a priority focus on providing risk capital for trans-European network projects up to 1 % of the overall amount for the period 2000 to 2006 in order to gain experience with this form of financing. This limit may be increased up to 2 % following a review of the functioning of this instrument. It is also appropriate to examine its possible future extension. |
| (12) | It is desirable, in order to increase transparency and to meet expectations for projects or groups of projects having important financial needs for a long period, that indicative multiannual programmes in specific sectors or fields should be drawn up. Those programmes should indicate the total and annual amount of support which could be allocated for a given period to such project or groups of projects, and which should serve as a reference for the annual decisions to grant financial aid within the yearly budgetary appropriations, when they conform to the relevant indicative multiannual programmes. However, the annual amounts indicated in these programmes do not amount to budgetary commitments. |
| (13) | The Commission must carefully evaluate the potential economic viability of the projects, with the help of cost/benefit analyses and other appropriate criteria, as well as their financial profitability. |
| (14) | Community financial support under Article 155 (1), first subparagraph, third indent, of the Treaty must be compatible with Community policies, in particular on networks and as regards environmental protection, competition and the award of public contracts. Environmental protection should include an environmental impact assessment. |
| (15) | It is necessary to clarify the respective powers and responsibilities of Member States and the Commission with regard to financial control. |
| (16) | The Commission must ensure proper coordination of all Community activities, especially between financing under trans-European networks, and that of the Structural and Cohesion Funds, of the European Investment Fund and of the European Investment Bank, affecting trans-European networks. |
| (17) | Provision should be made for suitable methods of evaluation, follow-up and control of Community aid. |
| (18) | There should be suitable information, publicity and transparency regarding the activities financed. |
| (19) | Given the importance of the trans-European networks, it is appropriate to include in this Regulation a financial framework within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (5), of EUR 4 874 880 000 for its implementation for the period 2000 to 2006. |
| (20) | It is appropriate that the Council examines whether to continue or to amend the measures under this Regulation in the light of the comprehensive report submitted by the Commission before the end of 2006. |
| (21) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6), |