# Official Journal C 103E/2007

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 103E |
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| English edition | Information and Notices | Volume 508 May 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 103E

English edition

Information and Notices

Volume 508 May 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | Council |
| 2007/C 103E/01 | Common Position (EC) No 4/2007 of 5 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice | 1 |
| 2007/C 103E/02 | Common Position (EC) No 5/2007 of 22 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council establishing a second programme of Community action in the field of health (2007-2013) (
  1
  ) | 11 |
| 2007/C 103E/03 | Common Position (EC) No 6/2007 of 22 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks | 26 |

Notice No

Contents

page

III   Preparatory Acts

Council

2007/C 103E/01

Common Position (EC) No 4/2007 of 5 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice

1

2007/C 103E/02

Common Position (EC) No 5/2007 of 22 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council establishing a second programme of Community action in the field of health (2007-2013) (
  1
  )

1

11

2007/C 103E/03

Common Position (EC) No 6/2007 of 22 March 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks

26

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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EN

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III Preparatory Acts

Council

| 8.5.2007 | EN | Official Journal of the European Union | CE 103/1 |
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8.5.2007

EN

Official Journal of the European Union

CE 103/1

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COMMON POSITION (EC) No 4/2007

adopted by the Council on 5 March 2007

with a view to adopting Decision No .../.../EC of the European Parliament and of the Council of ... establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’

(2007/C 103 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The Treaty lays down that in the definition and implementation of all Community policies and activities a high level of human health has to be ensured; Article 3(1)(p) thereof requires Community action to include a contribution to the attainment of a high level of health protection. |
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(1)

The Treaty lays down that in the definition and implementation of all Community policies and activities a high level of human health has to be ensured; Article 3(1)(p) thereof requires Community action to include a contribution to the attainment of a high level of health protection.

| (2) | Community action should complement national policies directed towards improving public health, obviating sources of danger to human health. |
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(2)

Community action should complement national policies directed towards improving public health, obviating sources of danger to human health.

| (3) | Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. Such violence, being so widespread throughout the Community, constitutes a genuine violation of fundamental rights, a health scourge and an obstacle to the enjoyment of safe, free and just citizenship. |
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(3)

Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. Such violence, being so widespread throughout the Community, constitutes a genuine violation of fundamental rights, a health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

| (4) | The World Health Organisation (WHO) defines health as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. According to a 1996 WHO Assembly resolution, violence is a leading worldwide public health problem. In its report on violence and health of 3 October 2002 WHO recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention. |
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(4)

The World Health Organisation (WHO) defines health as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. According to a 1996 WHO Assembly resolution, violence is a leading worldwide public health problem. In its report on violence and health of 3 October 2002 WHO recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention.

| (5) | These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation (ILO) the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. |
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(5)

These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation (ILO) the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children.

| (6) | The fight against violence should be placed within the context of the protection of fundamental rights, as recognised by the Charter of fundamental rights of the European Union (4) and the accompanying explanations, bearing in mind its status, which recognises, inter alia, the right to dignity, equality and solidarity. It includes a number of specific articles relating to protection and promotion of physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as recognising the prohibition of inhuman or degrading treatment, slavery and forced labour, and child labour. It recognises that a high level of human health protection is necessary in the definition and implementation of all Community policies and activities. |
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(6)

The fight against violence should be placed within the context of the protection of fundamental rights, as recognised by the Charter of fundamental rights of the European Union (4) and the accompanying explanations, bearing in mind its status, which recognises, inter alia, the right to dignity, equality and solidarity. It includes a number of specific articles relating to protection and promotion of physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as recognising the prohibition of inhuman or degrading treatment, slavery and forced labour, and child labour. It recognises that a high level of human health protection is necessary in the definition and implementation of all Community policies and activities.

| (7) | The Commission has been called upon by the European Parliament to draw up and implement action programmes to combat such violence, inter alia, in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament: ‘For further actions in the fight against trafficking in women’ (5); of 20 September 2001 on female genital mutilation (6); of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (7); and of 2 February 2006 on the current situation in combating violence against women and any future action (8). |
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(7)

The Commission has been called upon by the European Parliament to draw up and implement action programmes to combat such violence, inter alia, in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament: ‘For further actions in the fight against trafficking in women’ (5); of 20 September 2001 on female genital mutilation (6); of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (7); and of 2 February 2006 on the current situation in combating violence against women and any future action (8).

| (8) | The Community action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (9) has helped to raise awareness within the European Union and to increase and consolidate cooperation between organisations in the Member States active in combating violence. |
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(8)

The Community action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (9) has helped to raise awareness within the European Union and to increase and consolidate cooperation between organisations in the Member States active in combating violence.

| (9) | The Community action programme set up by Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (10) further developed the results already achieved by the Daphne programme; according to Article 8(2) of Decision No 803/2004/EC the Commission shall take the necessary steps to ensure the consistency of the annual appropriations with the new financial perspectives. |
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(9)

The Community action programme set up by Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (10) further developed the results already achieved by the Daphne programme; according to Article 8(2) of Decision No 803/2004/EC the Commission shall take the necessary steps to ensure the consistency of the annual appropriations with the new financial perspectives.

| (10) | It is desirable to ensure continuity for the projects supported by the Daphne and Daphne II programmes. |
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(10)

It is desirable to ensure continuity for the projects supported by the Daphne and Daphne II programmes.

| (11) | It is important and necessary to recognise the serious immediate and long-term implications of violence against children, young people and women for their physical and mental health and for their psychological and social development, as well as for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole. |
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(11)

It is important and necessary to recognise the serious immediate and long-term implications of violence against children, young people and women for their physical and mental health and for their psychological and social development, as well as for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

| (12) | Violence against women takes many forms ranging from domestic violence, which is prevalent at all levels of society, to harmful traditional practices associated with the exercise of physical violence against women, such as genital mutilation and honour-related crimes, which constitute a particular form of violence against women. |
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(12)

Violence against women takes many forms ranging from domestic violence, which is prevalent at all levels of society, to harmful traditional practices associated with the exercise of physical violence against women, such as genital mutilation and honour-related crimes, which constitute a particular form of violence against women.

| (13) | Children, young people or women who witness a near relative being assaulted should be regarded as victims of violence in accordance with the programme established by this Decision (the programme). |
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(13)

Children, young people or women who witness a near relative being assaulted should be regarded as victims of violence in accordance with the programme established by this Decision (the programme).

| (14) | With regard to the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the European Union can bring added value to the actions predominantly to be undertaken by Member States by the following means: the dissemination and exchange of information, experience and good practices; the promotion of an innovative approach; the joint establishment of priorities; the development of networking as appropriate; the selection of Community-wide projects including projects supporting free-phone child helplines and hotlines for missing and sexually exploited children; the motivation and mobilisation of all parties concerned; and Europe-wide awareness-raising campaigns against violence. These actions should also encompass support for children, young people and women who are victims of trafficking in human beings. |
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(14)

With regard to the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the European Union can bring added value to the actions predominantly to be undertaken by Member States by the following means: the dissemination and exchange of information, experience and good practices; the promotion of an innovative approach; the joint establishment of priorities; the development of networking as appropriate; the selection of Community-wide projects including projects supporting free-phone child helplines and hotlines for missing and sexually exploited children; the motivation and mobilisation of all parties concerned; and Europe-wide awareness-raising campaigns against violence. These actions should also encompass support for children, young people and women who are victims of trafficking in human beings.

| (15) | As the root-causes and consequences of violence can often be effectively addressed by local and regional organisations acting in cooperation with their counterparts from other Member States, the programme should attach due weight to the preventive measures and actions in support of victims taking place at a local and regional level. |
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(15)

As the root-causes and consequences of violence can often be effectively addressed by local and regional organisations acting in cooperation with their counterparts from other Member States, the programme should attach due weight to the preventive measures and actions in support of victims taking place at a local and regional level.

| (16) | Since the objectives of this Decision, namely to prevent and combat all forms of violence against children, young people and women, cannot be sufficiently achieved by the Member States because of the need for an exchange of information at the Community level and for the Community-wide dissemination of good practices, and can be better achieved at Community level due to the need for a coordinated and multidisciplinary approach and by reason of the scale or impact of the programme, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
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(16)

Since the objectives of this Decision, namely to prevent and combat all forms of violence against children, young people and women, cannot be sufficiently achieved by the Member States because of the need for an exchange of information at the Community level and for the Community-wide dissemination of good practices, and can be better achieved at Community level due to the need for a coordinated and multidisciplinary approach and by reason of the scale or impact of the programme, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (17) | This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11), for the budgetary authority during the annual budgetary procedure. |
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(17)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11), for the budgetary authority during the annual budgetary procedure.

| (18) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 (13) laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, have to be applied, taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
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(18)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 (13) laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, have to be applied, taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (19) | Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (14), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (15) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (16). |
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(19)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (14), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (15) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (16).

| (20) | The Financial Regulation requires a basic act to be provided to cover operating grants. |
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(20)

The Financial Regulation requires a basic act to be provided to cover operating grants.

| (21) | The measures necessary for the implementation of this Decision 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 (17). |
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(21)

The measures necessary for the implementation of this Decision 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 (17).

| (22) | The balanced participation of women and men in the decision-making process is a key element in the achievement of substantive equality between women and men. The Member States should, therefore, use their best endeavours to achieve a gender balance in the composition of the committee referred to in Article 10, |
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(22)

The balanced participation of women and men in the decision-making process is a key element in the achievement of substantive equality between women and men. The Member States should, therefore, use their best endeavours to achieve a gender balance in the composition of the committee referred to in Article 10,

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

1.   Building on the policies and objectives laid down in the Daphne and Daphne II programmes, this Decision establishes a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme), hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to contribute to a high level of protection from violence so as to enhance the protection of physical and mental health.

2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.

3.   For the purposes of the programme, the term ‘children’ covers an age range of 0-18 years, in accordance with international instruments concerning the rights of the child.

4.   However, projects with actions particularly designed for beneficiary groups such as, for example, ‘teenagers’ (13 to 19 years old) or people from 12 to 25 years old, shall be considered as targeting the category of ‘young people’.

Article 2

General objectives

1.   The aim of the programme shall be to contribute to the protection of children, young people and women against all forms of violence and to attain a high level of health protection, well-being and social cohesion.

2.   Without prejudice to the objectives and powers of the European Community, the general objectives of the programme shall contribute, especially where it concerns children, young people and women, to the development of Community policies, and more specifically to those related to public health, human rights and gender equality, as well as to actions aimed at protection of children's rights, and the fight against trafficking in human beings and sexual exploitation.

Article 3

Specific objective

The programme shall have the specific objective of contributing to the prevention of, and the fight against, all forms of violence occurring in the public or the private domain against children, young people and women, including sexual exploitation and trafficking in human beings, by taking preventive measures and by providing support and protection for victims and groups at risk. This shall be achieved by means of the following transnational actions, or other types of actions as referred to in Article 4:

| (a) | assisting and encouraging non-governmental organisations (NGOs) and other organisations active in this field, as referred to in Article 7; |
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(a)

assisting and encouraging non-governmental organisations (NGOs) and other organisations active in this field, as referred to in Article 7;

| (b) | developing and implementing awareness-raising actions targeting specific audiences, such as specific professions, competent authorities, identified sectors of the general public and groups at risk, with a view both to improving understanding of and promoting the adoption of zero tolerance towards violence, and to encouraging support for victims and the reporting of incidences of violence to the competent authorities; |
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(b)

developing and implementing awareness-raising actions targeting specific audiences, such as specific professions, competent authorities, identified sectors of the general public and groups at risk, with a view both to improving understanding of and promoting the adoption of zero tolerance towards violence, and to encouraging support for victims and the reporting of incidences of violence to the competent authorities;

| (c) | disseminating the results obtained under the Daphne and Daphne II programmes, including their adaptation, transfer and use by other beneficiaries or in other geographical areas; |
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(c)

disseminating the results obtained under the Daphne and Daphne II programmes, including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

| (d) | identifying and enhancing actions contributing to positive treatment of people at risk of violence, namely following an approach that encourages respect for them and promotes their well-being and self-fulfilment; |
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(d)

identifying and enhancing actions contributing to positive treatment of people at risk of violence, namely following an approach that encourages respect for them and promotes their well-being and self-fulfilment;

| (e) | setting up and supporting multidisciplinary networks with a view to strengthening cooperation between NGOs and other organisations active in this field; |
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(e)

setting up and supporting multidisciplinary networks with a view to strengthening cooperation between NGOs and other organisations active in this field;

| (f) | ensuring the expansion of evidence-based information and the knowledge base, the exchange, identification and dissemination of information and good practice, including through research, training, study visits and staff exchange; |
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(f)

ensuring the expansion of evidence-based information and the knowledge base, the exchange, identification and dissemination of information and good practice, including through research, training, study visits and staff exchange;

| (g) | designing and testing awareness-raising and educational materials regarding the prevention of violence against children, young people and women, and supplementing and adapting those already available for use in other geographical areas or for other target groups; |
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(g)

designing and testing awareness-raising and educational materials regarding the prevention of violence against children, young people and women, and supplementing and adapting those already available for use in other geographical areas or for other target groups;

| (h) | studying phenomena related to violence and its impact, both on victims and on society as a whole, including the health-care, social and economic costs, in order to address the root causes of violence at all levels of society; |
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(h)

studying phenomena related to violence and its impact, both on victims and on society as a whole, including the health-care, social and economic costs, in order to address the root causes of violence at all levels of society;

| (i) | developing and implementing support programmes for victims and people at risk and intervention programmes for perpetrators, whilst ensuring the safety of victims. |
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(i)

developing and implementing support programmes for victims and people at risk and intervention programmes for perpetrators, whilst ensuring the safety of victims.

Article 4

Types of actions

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the programme shall support the following types of actions, under the conditions set out in the annual work programmes:

| (a) | specific actions taken by the Commission, such as studies and research, opinion polls and surveys, development of indicators and methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of a helpdesk service and websites, preparation and dissemination of information materials (including IT applications and training resources), establishment and facilitation of a stakeholder think-tank providing expert advice related to violence, support to other networks of national experts, and analytical, monitoring and evaluation activities; |
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(a)

specific actions taken by the Commission, such as studies and research, opinion polls and surveys, development of indicators and methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of a helpdesk service and websites, preparation and dissemination of information materials (including IT applications and training resources), establishment and facilitation of a stakeholder think-tank providing expert advice related to violence, support to other networks of national experts, and analytical, monitoring and evaluation activities;

| (b) | specific transnational projects of Community interest involving at least two Member States under the conditions set out in the annual work programmes; |
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(b)

specific transnational projects of Community interest involving at least two Member States under the conditions set out in the annual work programmes;

| (c) | support to the activities of NGOs or other organisations, pursuing an aim of general European interest regarding the general objectives of the programme set out in Article 2 under the conditions set out in the annual work programmes. |
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(c)

support to the activities of NGOs or other organisations, pursuing an aim of general European interest regarding the general objectives of the programme set out in Article 2 under the conditions set out in the annual work programmes.

Article 5

Participation of third countries

The following countries may participate in the actions of the programme:

| (a) | countries with which the European Union has signed a Treaty of Accession; |
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(a)

countries with which the European Union has signed a Treaty of Accession;

| (b) | candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation of those countries in Community programmes laid down, respectively, by the framework agreement and by decisions of the Association Councils; |
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(b)

candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation of those countries in Community programmes laid down, respectively, by the framework agreement and by decisions of the Association Councils;

| (c) | EFTA States that are parties to the EEA Agreement, in accordance with the provisions of that Agreement; |
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(c)

EFTA States that are parties to the EEA Agreement, in accordance with the provisions of that Agreement;

| (d) | the countries of the western Balkans, in accordance with the arrangements to be established with those countries under the framework agreements on the general principles for their participation in Community programmes. |
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(d)

the countries of the western Balkans, in accordance with the arrangements to be established with those countries under the framework agreements on the general principles for their participation in Community programmes.

Projects may associate candidate countries not participating in the programme where this would contribute to their preparation for accession, or other third countries not participating in the programme where it serves the aim of the projects.

Article 6

Beneficiary and target groups

1.   The programme shall benefit children, young people and women who are, or risk becoming, victims of violence.

2.   The main target groups of the programme shall be, inter alia, families, teachers and educational staff, social workers, police and border guards, local, national and military authorities, medical and paramedical staff, judicial staff, NGOs, trade unions and religious communities.

Article 7

Access to the programme

Access to the programme shall be open to private or public organisations and institutions (local authorities at the appropriate level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

Article 8

Types of intervention

1.   Community funding may take the following legal forms:

| — | grants, |
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—

grants,

| — | public procurement contracts. |
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—

public procurement contracts.

2.   Community grants shall be awarded following consideration of applications arising from calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action. Community grants shall be provided through operating grants and grants to actions. The maximum rate of co-financing shall be specified in the annual work programmes.

3.   Furthermore, expenditure may be made available for complementary measures, through public procurement contracts, in which case Community funds shall cover the purchase of services and goods, directly related to the aims of the programme. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

Article 9

Implementing measures

1.   The Commission shall implement the Community assistance in accordance with the Financial Regulation.

2.   To implement the programme, the Commission shall, within the limits of the general objectives of the programme set out in Article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 8 and if necessary a list of other actions. The annual work programme shall establish the minimum percentage of annual expenditure to be awarded to grants.

3.   The annual work programme shall be adopted in accordance with the management procedure referred to in Article 10(2).

4.   The measures necessary for the implementation of this Decision in relation to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 10(3).

5.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

| (a) | the general and specific objectives as specified in Articles 2 and 3 and measures taken in the different areas as specified in Article 3 and conformity with the annual work programme; |
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(a)

the general and specific objectives as specified in Articles 2 and 3 and measures taken in the different areas as specified in Article 3 and conformity with the annual work programme;

| (b) | the quality of the proposed action regarding its conception, organisation, presentation and expected results; |
| --- | --- |

(b)

the quality of the proposed action regarding its conception, organisation, presentation and expected results;

| (c) | the amount requested for Community financing and its cost effectiveness as to expected results; |
| --- | --- |

(c)

the amount requested for Community financing and its cost effectiveness as to expected results;

| (d) | the impact of the expected results on the general and specific objectives of the programme defined in Articles 2 and 3 and on measures taken in the different areas as specified in Article 3; |
| --- | --- |

(d)

the impact of the expected results on the general and specific objectives of the programme defined in Articles 2 and 3 and on measures taken in the different areas as specified in Article 3;

| (e) | innovation. |
| --- | --- |

(e)

innovation.

6.   The applications for operating grants, referred to in Article 4(c), shall be assessed in the light of:

| (a) | consistency with the programme objectives; |
| --- | --- |

(a)

consistency with the programme objectives;

| (b) | quality of the planned activities; |
| --- | --- |

(b)

quality of the planned activities;

| (c) | likely multiplier effect on the public of these activities; |
| --- | --- |

(c)

likely multiplier effect on the public of these activities;

| (d) | geographic impact of the activities carried out; |
| --- | --- |

(d)

geographic impact of the activities carried out;

| (e) | citizen involvement in the organisation of the bodies concerned; |
| --- | --- |

(e)

citizen involvement in the organisation of the bodies concerned;

| (f) | cost effectiveness ratio of the activity proposed. |
| --- | --- |

(f)

cost effectiveness ratio of the activity proposed.

Article 10

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The committee shall adopt its rules of procedure.

Article 11

Complementarity

1.   Synergies and complementarity with other Community instruments will be sought, particularly the general programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’, the Seventh Research and Development Framework Programme as well as the programmes on health protection, ‘Employment and Social Solidarity — Progress’ and ‘Safer Internet Plus’. Complementarity will also be sought with the European Institute for Gender Equality. The statistical element of information on violence will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.

2.   The programme may share resources with other Community instruments, in particular the general programmes ‘Security and Safeguarding Liberties’, ‘Solidarity and Management of Migration Flows’ and the Seventh Research and Development Framework Programme in order to implement actions meeting the objectives of all the programmes.

3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. The Commission shall ensure that the beneficiaries of the programme provide the Commission with information about funding received from the general budget of the European Union and from other sources, as well as information about ongoing applications for funding.

Article 12

Funding

1.   The financial envelope for the implementation of this Decision is set at EUR 116,85 million for the period set out in Article 1.

2.   The allocations for the actions provided for in the programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 13

Monitoring

1.   For any action financed by the programme, the Commission shall ensure that the beneficiary submits technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports.

2.   The Commission shall ensure that the contracts and agreements resulting from the implementation of the programme will provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.

3.   For a period of five years following the last payment in respect of any action, the Commission shall require that the beneficiary of financial assistance keeps available for the Commission all the supporting documents regarding expenditure on the action.

4.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall, if necessary, adjust the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments.

5.   The Commission shall take every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation.

Article 14

Protection of Community financial interests

1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulation (EC, Euratom) No 2988/95, Regulation (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999.

2.   For the Community actions financed under the programme, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed thereunder by an unjustified item of expenditure.

3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 15

Evaluation

1.   The programme will be monitored regularly in order to follow the implementation of activities carried out thereunder.

2.   The Commission shall ensure the regular, independent, external evaluation of the programme.

3.   The Commission shall submit to the European Parliament and the Council:

| (a) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the programme not later than 31 March 2011 accompanied by a list of the projects and measures financed; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the programme not later than 31 March 2011 accompanied by a list of the projects and measures financed;

| (b) | a communication on the continuation of the programme not later than 31 May 2012; |
| --- | --- |

(b)

a communication on the continuation of the programme not later than 31 May 2012;

| (c) | an ex-post evaluation report, on the implementation and results of the programme not later than 31 December 2014. |
| --- | --- |

(c)

an ex-post evaluation report, on the implementation and results of the programme not later than 31 December 2014.

Article 16

Publication of projects

The Commission shall annually publish a list of the projects financed under the programme together with a brief description of each project.

Article 17

Transitional measures

Decision No 803/2004/EC is hereby repealed. Actions commenced pursuant to that Decision shall continue to be governed by it, until their completion.

Article 18

Entry into force

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from ...

Done at Brussels,

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 69, 21.3.2006, p. 1.

1

(2)  OJ C 192, 16.8.2006, p. 25.

2

(3)  Opinion of the European Parliament of 5 September 2006 (not yet published in the Official Journal), Council Common Position of 5 March 2007 and Position of the European Parliament of 5 September 2006 (not yet published in the Official Journal).

3

(4)  OJ C 364, 18.12.2000, p. 1.

4

(5)  OJ C 59, 23.2.2001, p. 307.

5

(6)  OJ C 77 E, 28.3.2002, p. 126.

6

(7)  OJ C 287 E, 24.11.2006, p. 75.

7

(8)  OJ C 288 E, 25.11.2006, p. 66.

8

(9)  OJ L 34, 9.2.2000, p. 1.

9

(10)  OJ L 143, 30.4.2004, p. 1.

10

(11)  OJ C 139, 14.6.2006, p. 1.

11

(12)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

12

(13)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

13

(14)  OJ L 312, 23.12.1995, p. 1.

14

(15)  OJ L 292, 15.11.1996, p. 2.

15

(16)  OJ L 136, 31.5.1999, p. 1.

16

(17)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

17

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 13 April 2005, the Commission submitted to the Council, on the basis of Article 152 of the Treaty, a proposal for a Decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Fight against violence (Daphne) and drugs prevention and information’ as part of the general programme ‘Fundamental Rights and Justice’.

However, in response to the views expressed by the Council's Ad Hoc Working Party on Fundamental Rights and Citizenship in January 2006 and the wish of the Women's Rights Committee of the European Parliament to separate the Daphne programme from the drugs prevention programme, the Commission, on 24 May 2006, presented an amended proposal establishing two specific programmes.

The European Economic and Social Committee delivered its opinion on 19 January 2006.

The Committee of the Regions delivered its opinion on 16 February 2006.

The European Parliament delivered its opinion on 5 September 2006 (first reading).

The Council adopted a Common Position on 5 March 2007 in accordance with the procedure laid down in Article 251 of the Treaty.

II.   OBJECTIVE

This Decision establishes a seven-year programme running from 1 January 2007 to 31 December 2013 to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III). It is part of the general programme ‘Fundamental Rights and Justice’ and builds on the policies and objectives laid down in the first Daphne programme and the Daphne II programme.

The specific objectives of the programme are aimed at preventing and fighting all forms of violence, including sexual exploitation and trafficking in human beings, occurring in the public or private domain. To achieve these objectives, the programme has an overall budget of EUR 116,85 million, which represents a considerable increase compared to the Daphne II programme which had EUR 50 million for a five-year period.

III.   ANALYSIS OF THE COMMON POSITION

1.   General observations

The Common Position was agreed on the basis of informal tripartite negotiations, following a series of meetings between the Presidency in office, the co-rapporteurs and shadow rapporteurs, and the representatives of the Commission. On 1 December 2006, the EPSCO Council reached political agreement on this text and, as part of the compromise agreement with the Parliament, agreed on a statement from the Council and the European Parliament inviting the Commission to consider the possibility of an initiative for a European Year to combat violence against children, young people and women (1).

2.   The European Parliament's amendments

In its first reading on 5 September 2006, the European Parliament adopted 53 amendments.

2.1   European Parliament's amendment accepted by the Council

In its common position, the Council took into account 32 amendments. Out of these, the Council:

| — | accepted seven amendments in full, as did the Commission in its amended proposal. These were amendments 6, 13, 22, 25, 30, 50 and 65. |
| --- | --- |

—

accepted seven amendments in full, as did the Commission in its amended proposal. These were amendments 6, 13, 22, 25, 30, 50 and 65.

| — | accepted 17 amendments in principle or in part, mainly following the approach taken by the Commission (Nos. 3, 5, 15, 23, 27, 29, 31, 34, 38, 39, 43, 45, 46, 55, 56, 61, 66); |
| --- | --- |

—

accepted 17 amendments in principle or in part, mainly following the approach taken by the Commission (Nos. 3, 5, 15, 23, 27, 29, 31, 34, 38, 39, 43, 45, 46, 55, 56, 61, 66);

| — | reached a compromise with the Parliament on eight other amendments (Nos. 4, 32, 33, 35, 70, 59, 63, 64). |
| --- | --- |

—

reached a compromise with the Parliament on eight other amendments (Nos. 4, 32, 33, 35, 70, 59, 63, 64).

2.2   European Parliament's amendments not acceptable to the Council

The Council did not accept 19 amendments for the reasons explained by the Commission in its amended proposal (Nos. 14, 17 and 67, 18, 19, 24, 26, 36, 37, 40, 41, 68, 42, 44, 51, 53, 54, 58, 60 and 74).

The Council also could not accept amendments 20 and 69 and 72 relating to the European Network of Ombudspeople for Children (ENOC) as it preferred all organisations wishing to benefit from an operating grant to be treated equally. The Council therefore also deleted recital 13 and Articles 4(d) and 9(6) of the Commission's amended proposal which mentioned one specific organisation.

3.   Other changes made by the Council

In adopting its Common Position, the Council made a number of other changes to the Commission's amended proposal, many of which are purely technical modifications. The other main changes relate to the following:

| | Recital 13: the recital in the Commission's amended proposal was deleted as the Council did not accept amendment 20, but it was replaced by a reference to the role that could be played by local and regional organisations in combating the root-causes and consequences of violence. |
| --- | --- |

Recital 13: the recital in the Commission's amended proposal was deleted as the Council did not accept amendment 20, but it was replaced by a reference to the role that could be played by local and regional organisations in combating the root-causes and consequences of violence.

| | Article 2 (General objectives): the Council preferred to focus directly on the question of protecting children, young people and women against all forms of violence rather than mentioning the broader objective of setting up an area of freedom, security and justice. |
| --- | --- |

Article 2 (General objectives): the Council preferred to focus directly on the question of protecting children, young people and women against all forms of violence rather than mentioning the broader objective of setting up an area of freedom, security and justice.

| | Article 3 (Specific objective): for the sake of clarity, the Council changed the structure of this article, so that there is only one specific objective, followed by a list of the various transnational actions. |
| --- | --- |

Article 3 (Specific objective): for the sake of clarity, the Council changed the structure of this article, so that there is only one specific objective, followed by a list of the various transnational actions.

| | Article 4(b) (Types of actions): the Council preferred to revert to the situation in Daphne II where, to be eligible for funding under the programme, transnational projects of Community interest had to involve at least two, rather than three, Member States. |
| --- | --- |

Article 4(b) (Types of actions): the Council preferred to revert to the situation in Daphne II where, to be eligible for funding under the programme, transnational projects of Community interest had to involve at least two, rather than three, Member States.

| | Article 5 (Participation of third countries): the structure has been changed to reflect the formula recently used in Decision 771/2006/EC on the European Year of Equal Opportunities for All (2007) (2). |
| --- | --- |

Article 5 (Participation of third countries): the structure has been changed to reflect the formula recently used in Decision 771/2006/EC on the European Year of Equal Opportunities for All (2007) (2).

| | Article 6 (Beneficiary and target groups): The Council changed the Commission's proposal to make a distinction between the beneficiaries of the programme (children, young people and women who are, or who risk becoming, victims of violence) and the main target groups of the programme, such as families, teachers, social workers, and non-governmental organisations, etc. |
| --- | --- |

Article 6 (Beneficiary and target groups): The Council changed the Commission's proposal to make a distinction between the beneficiaries of the programme (children, young people and women who are, or who risk becoming, victims of violence) and the main target groups of the programme, such as families, teachers, social workers, and non-governmental organisations, etc.

| | Article 9(2) (Implementing measures): In order to ensure that a sufficient proportion of the budget would be used to finance transnational projects, paragraph 2 now stipulates that the annual work programme will establish the minimum percentage of annual expenditure to be awarded to grants. |
| --- | --- |

Article 9(2) (Implementing measures): In order to ensure that a sufficient proportion of the budget would be used to finance transnational projects, paragraph 2 now stipulates that the annual work programme will establish the minimum percentage of annual expenditure to be awarded to grants.

| | Article 9(3 and 3a) (Implementing measures) and Article 10 (Committee): the Council preferred to revert to the mixed comitology procedure which was used in the Daphne II programme, whereby the annual work programme is adopted in accordance with the management committee procedure and other measures necessary for the implementation of the Decision are adopted using the advisory committee procedure. |
| --- | --- |

Article 9(3 and 3a) (Implementing measures) and Article 10 (Committee): the Council preferred to revert to the mixed comitology procedure which was used in the Daphne II programme, whereby the annual work programme is adopted in accordance with the management committee procedure and other measures necessary for the implementation of the Decision are adopted using the advisory committee procedure.

| | Article 11 (Complementarity): the Council considered it appropriate to insert a reference to the recently adopted Community Programme for Employment and Social Solidarity — Progress (3). |
| --- | --- |

Article 11 (Complementarity): the Council considered it appropriate to insert a reference to the recently adopted Community Programme for Employment and Social Solidarity — Progress (3).

| | Article 13(3) (Monitoring): the anti-fraud provisions in paragraph three were replaced by a standard recital (17a) referring to various Council Regulations concerning the protection of the Communities' financial interests and on-the-spot checks and inspections, and the European Parliament and Council Regulation concerning investigations conducted by the European Anti-Fraud Office. |
| --- | --- |

Article 13(3) (Monitoring): the anti-fraud provisions in paragraph three were replaced by a standard recital (17a) referring to various Council Regulations concerning the protection of the Communities' financial interests and on-the-spot checks and inspections, and the European Parliament and Council Regulation concerning investigations conducted by the European Anti-Fraud Office.

It should also be noted that a number of other technical changes were made to the final text in the course of the normal legal/linguistic procedure between the two institutions.

IV.   CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives of the Commission's amended proposal and considers that a good compromise has been reached with the European Parliament in the course of the informal negotiations.

---

(1)  Doc. 15869/06.

(2)  OJ L 146, 31.5.2006, p. 1.

(3)  OJ L 315, 15.11.2006, p. 1.

---

| 8.5.2007 | EN | Official Journal of the European Union | CE 103/11 |
| --- | --- | --- | --- |

8.5.2007

EN

Official Journal of the European Union

CE 103/11

---

COMMON POSITION (EC) No 5/2007

adopted by the Council on 22 March 2007

with a view to adopting Decision No .../2007/EC of the European Parliament and of the Council of ... establishing a second programme of Community action in the field of health (2007-2013)

(Text with EEA relevance)

(2007/C 103 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The Community can contribute to protecting the health and safety of citizens through actions in the field of public health. A high level of health protection should be ensured in the definition and implementation of all Community policies and activities. Under Article 152 of the Treaty, the Community is required to play an active role by taking measures which cannot be taken by individual Member States, in accordance with the principle of subsidiarity. The Community fully respects the responsibilities of the Member States for the organisation and delivery of health services and medical care. |
| --- | --- |

(1)

The Community can contribute to protecting the health and safety of citizens through actions in the field of public health. A high level of health protection should be ensured in the definition and implementation of all Community policies and activities. Under Article 152 of the Treaty, the Community is required to play an active role by taking measures which cannot be taken by individual Member States, in accordance with the principle of subsidiarity. The Community fully respects the responsibilities of the Member States for the organisation and delivery of health services and medical care.

| (2) | The health sector is characterised on the one hand by its considerable potential for growth, innovation and dynamism, and on the other by the challenges it faces in terms of financial and social sustainability and efficiency of the health care systems due, among other things, to ageing of the population and to medical advances. |
| --- | --- |

(2)

The health sector is characterised on the one hand by its considerable potential for growth, innovation and dynamism, and on the other by the challenges it faces in terms of financial and social sustainability and efficiency of the health care systems due, among other things, to ageing of the population and to medical advances.

| (3) | The programme of Community action in the field of public health (2003-2008), adopted by Decision No 1786/2002/EC of the European Parliament and of the Council (4), was the first integrated Community programme in this field, and it has already delivered a number of important developments and improvements. |
| --- | --- |

(3)

The programme of Community action in the field of public health (2003-2008), adopted by Decision No 1786/2002/EC of the European Parliament and of the Council (4), was the first integrated Community programme in this field, and it has already delivered a number of important developments and improvements.

| (4) | Continued effort is required in order to meet the objectives already established by the Community in the field of public health. It is therefore appropriate to establish a second programme of Community action on health (2007-2013) (hereinafter referred to as ‘the Programme’). |
| --- | --- |

(4)

Continued effort is required in order to meet the objectives already established by the Community in the field of public health. It is therefore appropriate to establish a second programme of Community action on health (2007-2013) (hereinafter referred to as ‘the Programme’).

| (5) | A number of serious cross-border health threats with a possible world-wide dimension exist and new ones are emerging which require further Community action. The Community should treat serious cross-border health threats as a matter of priority. The Programme should place emphasis on strengthening the Community's overall capacities by further developing cooperation between the Member States. Monitoring, early warning and action to combat serious threats to health are important areas where an effective and coordinated response to health threats should be promoted at Community level. Action to ensure high-quality-diagnostic cooperation between laboratories is essential in order to respond to health threats. The Programme should encourage the establishment of a system of Community reference laboratories. However, such a system needs to be based on a sound legal base. |
| --- | --- |

(5)

A number of serious cross-border health threats with a possible world-wide dimension exist and new ones are emerging which require further Community action. The Community should treat serious cross-border health threats as a matter of priority. The Programme should place emphasis on strengthening the Community's overall capacities by further developing cooperation between the Member States. Monitoring, early warning and action to combat serious threats to health are important areas where an effective and coordinated response to health threats should be promoted at Community level. Action to ensure high-quality-diagnostic cooperation between laboratories is essential in order to respond to health threats. The Programme should encourage the establishment of a system of Community reference laboratories. However, such a system needs to be based on a sound legal base.

| (6) | According to the World Health Organisation (WHO) European Health report 2005, in terms of Disability Adjusted Life-Years (DALYs), the most important causes of the burden of disease in the WHO European Region are non-communicable diseases (NCDs — 77 % of the total), external causes of injury and poisoning (14 %) and communicable diseases (9 %). Seven leading conditions — ischaemic heart disease, unipolar depressive disorders, cerebrovascular disease, alcohol use disorders, chronic pulmonary disease, lung cancer and road traffic injuries — account for 34 % of the DALYs in the Region. Seven leading risk factors — tobacco, alcohol, high blood pressure, high cholesterol, overweight, low fruit and vegetable intake and physical inactivity — account for 60 % of DALYs. In addition, communicable diseases such as HIV/AIDS, influenza, tuberculosis and malaria are also becoming a threat to the health of all people in Europe. An important task of the Programme, in cooperation, where appropriate, with the Community Statistical Programme, should be to identify better the main health burdens in the Community. |
| --- | --- |

(6)

According to the World Health Organisation (WHO) European Health report 2005, in terms of Disability Adjusted Life-Years (DALYs), the most important causes of the burden of disease in the WHO European Region are non-communicable diseases (NCDs — 77 % of the total), external causes of injury and poisoning (14 %) and communicable diseases (9 %). Seven leading conditions — ischaemic heart disease, unipolar depressive disorders, cerebrovascular disease, alcohol use disorders, chronic pulmonary disease, lung cancer and road traffic injuries — account for 34 % of the DALYs in the Region. Seven leading risk factors — tobacco, alcohol, high blood pressure, high cholesterol, overweight, low fruit and vegetable intake and physical inactivity — account for 60 % of DALYs. In addition, communicable diseases such as HIV/AIDS, influenza, tuberculosis and malaria are also becoming a threat to the health of all people in Europe. An important task of the Programme, in cooperation, where appropriate, with the Community Statistical Programme, should be to identify better the main health burdens in the Community.

| (7) | Eight leading causes of mortality and morbidity from NCDs in the WHO European Region are cardiovascular diseases, neuropsychiatric disorders, cancer, digestive diseases, respiratory diseases, sense organ disorders, musculoskeletal diseases and diabetes mellitus. |
| --- | --- |

(7)

Eight leading causes of mortality and morbidity from NCDs in the WHO European Region are cardiovascular diseases, neuropsychiatric disorders, cancer, digestive diseases, respiratory diseases, sense organ disorders, musculoskeletal diseases and diabetes mellitus.

| (8) | Microbial resistance to antibiotics and nosocomial infections are becoming a threat to health in Europe. Lack of new effective antibiotics as well as the means to ensure the proper use of existing antibiotics are major concerns. Therefore it is important to collect and analyse relevant data. |
| --- | --- |

(8)

Microbial resistance to antibiotics and nosocomial infections are becoming a threat to health in Europe. Lack of new effective antibiotics as well as the means to ensure the proper use of existing antibiotics are major concerns. Therefore it is important to collect and analyse relevant data.

| (9) | Strengthening the role of the European Centre for Disease Prevention and Control established by Regulation (EC) No 851/2004 of the European Parliament and of the Council (5) is important in the fight against communicable diseases. |
| --- | --- |

(9)

Strengthening the role of the European Centre for Disease Prevention and Control established by Regulation (EC) No 851/2004 of the European Parliament and of the Council (5) is important in the fight against communicable diseases.

| (10) | The Programme should build on the achievements of the previous Programme for Community action in the field of public health (2003-2008). It should contribute towards the attainment of a high level of physical and mental health and greater equality in health matters throughout the Community by directing actions towards improving public health, preventing human diseases and disorders, and obviating sources of danger to health with a view to combating morbidity and premature mortality. |
| --- | --- |

(10)

The Programme should build on the achievements of the previous Programme for Community action in the field of public health (2003-2008). It should contribute towards the attainment of a high level of physical and mental health and greater equality in health matters throughout the Community by directing actions towards improving public health, preventing human diseases and disorders, and obviating sources of danger to health with a view to combating morbidity and premature mortality.

| (11) | The Programme should place emphasis on improving the health condition and promoting a healthy lifestyle and a culture of prevention among children and young people. |
| --- | --- |

(11)

The Programme should place emphasis on improving the health condition and promoting a healthy lifestyle and a culture of prevention among children and young people.

| (12) | The Programme should support the mainstreaming of health objectives in all Community policies and activities, without duplicating work carried out under other Community policies. Coordination with other Community policies and programmes is a key part of the objective of mainstreaming health in other policies. In order to promote synergies and avoid duplication, joint actions may be undertaken with related Community programmes and actions and appropriate use should be made of other Community funds and programmes, including the current and future Community framework programmes for research and their outcomes, the Structural Funds, the European Solidarity Fund, the European strategy for health at work, the programme of Community action in the field of consumer policy (2007-2013) (6), the programme ‘Drugs prevention and information’, the programme ‘Fight against violence (Daphne)’ and the Community Statistical Programme within their respective activities. |
| --- | --- |

(12)

The Programme should support the mainstreaming of health objectives in all Community policies and activities, without duplicating work carried out under other Community policies. Coordination with other Community policies and programmes is a key part of the objective of mainstreaming health in other policies. In order to promote synergies and avoid duplication, joint actions may be undertaken with related Community programmes and actions and appropriate use should be made of other Community funds and programmes, including the current and future Community framework programmes for research and their outcomes, the Structural Funds, the European Solidarity Fund, the European strategy for health at work, the programme of Community action in the field of consumer policy (2007-2013) (6), the programme ‘Drugs prevention and information’, the programme ‘Fight against violence (Daphne)’ and the Community Statistical Programme within their respective activities.

| (13) | Special efforts should be undertaken to ensure coherence and synergies between the Programme and the Community's external actions, particularly in the areas of avian influenza, HIV/AIDS, tuberculosis and other cross-border health threats. In addition, there should be international cooperation in order to promote general health reform and general health institutional issues in third countries. |
| --- | --- |

(13)

Special efforts should be undertaken to ensure coherence and synergies between the Programme and the Community's external actions, particularly in the areas of avian influenza, HIV/AIDS, tuberculosis and other cross-border health threats. In addition, there should be international cooperation in order to promote general health reform and general health institutional issues in third countries.

| (14) | Increasing Healthy Life Years (HLY), also called disability-free life expectancy indicator, by preventing disease and promoting policies that lead to a healthier way of life is important for the well-being of EU citizens and helps to meet the challenges of the Lisbon process as regards the knowledge society and the sustainability of public finances, which are under pressure from rising health care and social security costs. |
| --- | --- |

(14)

Increasing Healthy Life Years (HLY), also called disability-free life expectancy indicator, by preventing disease and promoting policies that lead to a healthier way of life is important for the well-being of EU citizens and helps to meet the challenges of the Lisbon process as regards the knowledge society and the sustainability of public finances, which are under pressure from rising health care and social security costs.

| (15) | The enlargement of the European Union has brought additional concerns in terms of health inequalities within the EU and this is likely to be accentuated by further enlargements. This issue should, therefore, be one of the priorities of the Programme. |
| --- | --- |

(15)

The enlargement of the European Union has brought additional concerns in terms of health inequalities within the EU and this is likely to be accentuated by further enlargements. This issue should, therefore, be one of the priorities of the Programme.

| (16) | The Programme should help to identify the causes of health inequalities and encourage, among other things, the exchange of best practice to tackle them. |
| --- | --- |

(16)

The Programme should help to identify the causes of health inequalities and encourage, among other things, the exchange of best practice to tackle them.

| (17) | It is essential systematically to collect, process and analyse comparable data, within national constraints, for an effective monitoring of the state of health in the European Union. This would enable the Commission and the Member States to improve information to the public and formulate appropriate strategies, policies and actions to achieve a high level of human health protection. Compatibility and interoperability of the systems and networks for exchanging information and data for the development of public health should be pursued in the actions and support measures. Gender, socio-economic status and age are important health considerations. Data collection should wherever possible build on existing work, and proposals for new collections should be costed and based on a clear need. The collection of data should be in compliance with the relevant legal provisions on the protection of personal data. |
| --- | --- |

(17)

It is essential systematically to collect, process and analyse comparable data, within national constraints, for an effective monitoring of the state of health in the European Union. This would enable the Commission and the Member States to improve information to the public and formulate appropriate strategies, policies and actions to achieve a high level of human health protection. Compatibility and interoperability of the systems and networks for exchanging information and data for the development of public health should be pursued in the actions and support measures. Gender, socio-economic status and age are important health considerations. Data collection should wherever possible build on existing work, and proposals for new collections should be costed and based on a clear need. The collection of data should be in compliance with the relevant legal provisions on the protection of personal data.

| (18) | Best practice is important because health promotion and prevention should be measured on the basis of efficiency and effectiveness and not purely in economic terms. Best practice and latest treatment methods for diseases and injuries should be promoted in order to prevent further deterioration of health, and European networks of centres of reference for specific conditions should be developed. |
| --- | --- |

(18)

Best practice is important because health promotion and prevention should be measured on the basis of efficiency and effectiveness and not purely in economic terms. Best practice and latest treatment methods for diseases and injuries should be promoted in order to prevent further deterioration of health, and European networks of centres of reference for specific conditions should be developed.

| (19) | Action should be taken in order to prevent injuries by collecting data, analysing injury determinants and disseminating relevant information. |
| --- | --- |

(19)

Action should be taken in order to prevent injuries by collecting data, analysing injury determinants and disseminating relevant information.

| (20) | Health services are primarily the responsibility of Member States but cooperation at Community level can benefit both patients and health systems. Activities funded by the Programme as well as new proposals developed as a result of these should have due regard to the Council Conclusions on common values and principles in European Union Health Systems (7) adopted in June 2006 that endorse a statement on the common values and principles of EU Health Systems and invite the institutions of the European Union to respect them in their work. The Programme should take due account of future developments as regards Community action on health services as well as the work of the High Level Group on Health Services and Medical Care which provides an important forum for collaboration and exchange of best practice between Member States' health systems. |
| --- | --- |

(20)

Health services are primarily the responsibility of Member States but cooperation at Community level can benefit both patients and health systems. Activities funded by the Programme as well as new proposals developed as a result of these should have due regard to the Council Conclusions on common values and principles in European Union Health Systems (7) adopted in June 2006 that endorse a statement on the common values and principles of EU Health Systems and invite the institutions of the European Union to respect them in their work. The Programme should take due account of future developments as regards Community action on health services as well as the work of the High Level Group on Health Services and Medical Care which provides an important forum for collaboration and exchange of best practice between Member States' health systems.

| (21) | The Programme should contribute to the collection of data, the promotion and development of methods and tools, the establishment of networks and various kinds of cooperation and the promotion of relevant policies on patient mobility as well as on the mobility of health professionals. It should facilitate the further development of the European e-Health Area, through joint European initiatives with other EU policy areas, including regional policy, while contributing towards work on quality criteria for health-related websites and towards a European health insurance card. Telemedicine should be taken into account as telemedicine applications may contribute to cross-border care while ensuring medical care at home. |
| --- | --- |

(21)

The Programme should contribute to the collection of data, the promotion and development of methods and tools, the establishment of networks and various kinds of cooperation and the promotion of relevant policies on patient mobility as well as on the mobility of health professionals. It should facilitate the further development of the European e-Health Area, through joint European initiatives with other EU policy areas, including regional policy, while contributing towards work on quality criteria for health-related websites and towards a European health insurance card. Telemedicine should be taken into account as telemedicine applications may contribute to cross-border care while ensuring medical care at home.

| (22) | Environmental pollution is a serious risk to health and a major source of concern for European citizens. Special action should focus on children and other groups which are particularly vulnerable to hazardous environmental conditions. The Programme should complement the actions taken within the European Environment and Health Action Plan 2004-2010. |
| --- | --- |

(22)

Environmental pollution is a serious risk to health and a major source of concern for European citizens. Special action should focus on children and other groups which are particularly vulnerable to hazardous environmental conditions. The Programme should complement the actions taken within the European Environment and Health Action Plan 2004-2010.

| (23) | The Programme should address gender-related and ageing-related health issues. |
| --- | --- |

(23)

The Programme should address gender-related and ageing-related health issues.

| (24) | The precautionary principle and risk assessment are key factors for the protection of human health and should therefore be part of further integration into other Community policies and activities. |
| --- | --- |

(24)

The precautionary principle and risk assessment are key factors for the protection of human health and should therefore be part of further integration into other Community policies and activities.

| (25) | This Decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (8), for the budgetary authority during the annual budgetary procedure. |
| --- | --- |

(25)

This Decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (8), for the budgetary authority during the annual budgetary procedure.

| (26) | In order to ensure a high level of coordination between actions and initiatives taken by the Community and Member States in the implementation of the Programme, it is necessary to promote cooperation between Member States and to enhance the effectiveness of existing and future networks in the field of public health. The participation of national, regional and local authorities at the appropriate level in accordance with the national systems should be taken into account in regard to the implementation of the Programme. |
| --- | --- |

(26)

In order to ensure a high level of coordination between actions and initiatives taken by the Community and Member States in the implementation of the Programme, it is necessary to promote cooperation between Member States and to enhance the effectiveness of existing and future networks in the field of public health. The participation of national, regional and local authorities at the appropriate level in accordance with the national systems should be taken into account in regard to the implementation of the Programme.

| (27) | It is necessary to increase EU investment in health and health-related projects. In this regard, Member States should be encouraged to identify health improvements as a priority in their national programmes. Better awareness about the possibilities of EU funding for health is needed. Exchange of experience between the Member States on funding health through the Structural Funds should be encouraged. |
| --- | --- |

(27)

It is necessary to increase EU investment in health and health-related projects. In this regard, Member States should be encouraged to identify health improvements as a priority in their national programmes. Better awareness about the possibilities of EU funding for health is needed. Exchange of experience between the Member States on funding health through the Structural Funds should be encouraged.

| (28) | Non-governmental bodies and specialised networks can also play an important role in meeting the objectives of the Programme. In pursuing one or more objectives of the Programme, they may require Community contributions to enable them to function. Hence, detailed eligibility criteria, provisions regarding financial transparency and the duration of Community contributions for non-governmental bodies and specialised networks qualifying for Community support should be set out 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 (9). Such criteria should include the obligations of such bodies and networks in establishing clear objectives, action plans and measurable results representing a strong European dimension and a real added value for the objectives of the Programme. Given the particular nature of the organisations concerned and in cases of exceptional utility, it should be possible for the renewal of Community support to the functioning of such bodies and specialised networks to be exempted from the principle of gradual decrease of the extent of Community support. |
| --- | --- |

(28)

Non-governmental bodies and specialised networks can also play an important role in meeting the objectives of the Programme. In pursuing one or more objectives of the Programme, they may require Community contributions to enable them to function. Hence, detailed eligibility criteria, provisions regarding financial transparency and the duration of Community contributions for non-governmental bodies and specialised networks qualifying for Community support should be set out 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 (9). Such criteria should include the obligations of such bodies and networks in establishing clear objectives, action plans and measurable results representing a strong European dimension and a real added value for the objectives of the Programme. Given the particular nature of the organisations concerned and in cases of exceptional utility, it should be possible for the renewal of Community support to the functioning of such bodies and specialised networks to be exempted from the principle of gradual decrease of the extent of Community support.

| (29) | Implementation of the Programme should be carried out in close cooperation with relevant organisations and agencies, in particular with the European Centre for Disease Prevention and Control. |
| --- | --- |

(29)

Implementation of the Programme should be carried out in close cooperation with relevant organisations and agencies, in particular with the European Centre for Disease Prevention and Control.

| (30) | The measures necessary for the implementation of this Decision should be adopted in accordance with Decision 1999/468/EC, respecting the need for transparency as well as a reasonable balance between the different objectives of the Programme. |
| --- | --- |

(30)

The measures necessary for the implementation of this Decision should be adopted in accordance with Decision 1999/468/EC, respecting the need for transparency as well as a reasonable balance between the different objectives of the Programme.

| (31) | The Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement) provides for cooperation in the field of health between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as the EFTA/EEA countries), on the other. Provision should also be made to open the Programme to participation by other countries, in particular the neighbouring countries of the Community and countries that are applying for, are candidates for, or are acceding to, membership of the Community, taking particular account of the potential for health threats arising in other countries to have an impact within the Community. |
| --- | --- |

(31)

The Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement) provides for cooperation in the field of health between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as the EFTA/EEA countries), on the other. Provision should also be made to open the Programme to participation by other countries, in particular the neighbouring countries of the Community and countries that are applying for, are candidates for, or are acceding to, membership of the Community, taking particular account of the potential for health threats arising in other countries to have an impact within the Community.

| (32) | Appropriate relations with third countries not participating in the Programme should be facilitated in order to help achieve the objectives of the Programme, taking account of any relevant agreements between those countries and the Community. This may involve third countries taking forward complementary activities to those financed through the Programme on areas of mutual interest, but should not involve a financial contribution under the Programme. |
| --- | --- |

(32)

Appropriate relations with third countries not participating in the Programme should be facilitated in order to help achieve the objectives of the Programme, taking account of any relevant agreements between those countries and the Community. This may involve third countries taking forward complementary activities to those financed through the Programme on areas of mutual interest, but should not involve a financial contribution under the Programme.

| (33) | It is appropriate to develop cooperation with relevant international organisations such as the United Nations and its specialised agencies, in particular the WHO, as well as with the Council of Europe and the Organisation for Economic Cooperation and Development, with a view to implementing the Programme through maximising the effectiveness and efficiency of actions relating to health at Community and international level, taking into account the particular capacities and roles of the different organisations. |
| --- | --- |

(33)

It is appropriate to develop cooperation with relevant international organisations such as the United Nations and its specialised agencies, in particular the WHO, as well as with the Council of Europe and the Organisation for Economic Cooperation and Development, with a view to implementing the Programme through maximising the effectiveness and efficiency of actions relating to health at Community and international level, taking into account the particular capacities and roles of the different organisations.

| (34) | The successful implementation of the objectives under the Programme should be based on good coverage of the issues included in the annual work plans, on selection of appropriate actions and funding of projects, which all have an inbuilt appropriate monitoring and evaluation process in place, and on regular monitoring and evaluation, including independent external evaluations, which should measure the impact of actions and demonstrate their contribution to the overall objectives of the Programme. Programme evaluation should take into account the fact that the achievement of the Programme objectives may require a longer time period than the duration of the Programme. |
| --- | --- |

(34)

The successful implementation of the objectives under the Programme should be based on good coverage of the issues included in the annual work plans, on selection of appropriate actions and funding of projects, which all have an inbuilt appropriate monitoring and evaluation process in place, and on regular monitoring and evaluation, including independent external evaluations, which should measure the impact of actions and demonstrate their contribution to the overall objectives of the Programme. Programme evaluation should take into account the fact that the achievement of the Programme objectives may require a longer time period than the duration of the Programme.

| (35) | The annual work plans should cover the main foreseeable activities to be funded from the Programme through all the different funding mechanisms, including calls for tender. |
| --- | --- |

(35)

The annual work plans should cover the main foreseeable activities to be funded from the Programme through all the different funding mechanisms, including calls for tender.

| (36) | Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the trans-national nature of the issues involved, and can therefore, by reason of the potential for Community action to be more efficient and effective than national action alone in protecting the health and safety of citizens, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(36)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the trans-national nature of the issues involved, and can therefore, by reason of the potential for Community action to be more efficient and effective than national action alone in protecting the health and safety of citizens, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (37) | In accordance with Article 2 of the Treaty, which provides that equality between men and women is a principle of the Community, and in accordance with Article 3(2) thereof, which provides that the Community shall aim to eliminate inequalities, and to promote equality between men and women in all Community activities including the attainment of a high level of health protection, all objectives and actions covered by the Programme contribute to promoting a better understanding and recognition of men's and women's respective needs and approaches to health. |
| --- | --- |

(37)

In accordance with Article 2 of the Treaty, which provides that equality between men and women is a principle of the Community, and in accordance with Article 3(2) thereof, which provides that the Community shall aim to eliminate inequalities, and to promote equality between men and women in all Community activities including the attainment of a high level of health protection, all objectives and actions covered by the Programme contribute to promoting a better understanding and recognition of men's and women's respective needs and approaches to health.

| (38) | It is appropriate to ensure a transition between the Programme and the previous programme it replaces, in particular regarding the continuation of multiannual arrangements for its management, such as the financing of technical and administrative assistance. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not yet completed by the end of 2013. |
| --- | --- |

(38)

It is appropriate to ensure a transition between the Programme and the previous programme it replaces, in particular regarding the continuation of multiannual arrangements for its management, such as the financing of technical and administrative assistance. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not yet completed by the end of 2013.

| (39) | This Decision replaces Decision No 1786/2002/EC. That Decision should therefore be repealed, |
| --- | --- |

(39)

This Decision replaces Decision No 1786/2002/EC. That Decision should therefore be repealed,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the Programme

The second programme of ‘Community action in the field of health (2007-2013)’ covering the period from ... (10) to 31 December 2013 (hereinafter referred to as the Programme) is hereby established.

Article 2

Aim and objectives

1.   The Programme shall complement, support and add value to the policies of the Member States and contribute to increased solidarity and prosperity in the European Union by protecting and promoting human health and safety and improving public health.

2.   The objectives to be pursued through the actions set out in the Annex shall be:

| — | to improve citizens' health security, |
| --- | --- |

—

to improve citizens' health security,

| — | to promote health, |
| --- | --- |

—

to promote health,

| — | to generate and disseminate health information and knowledge. |
| --- | --- |

—

to generate and disseminate health information and knowledge.

The actions referred to in the first subparagraph shall, where appropriate, support the prevention of major diseases and contribute to reducing their incidence as well as the morbidity and mortality caused by them.

Article 3

Funding

1.   The financial envelope for the implementation of the Programme for the period specified in Article 1 is hereby set at EUR 365 600 000.

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 4

Financial contributions

1.   Financial contributions by the Community shall not exceed the following levels:

| (a) | 60 % of costs for an action intended to help achieve an objective forming part of the Programme, except in cases of exceptional utility, where the Community contribution shall not exceed 80 %; and |
| --- | --- |

(a)

60 % of costs for an action intended to help achieve an objective forming part of the Programme, except in cases of exceptional utility, where the Community contribution shall not exceed 80 %; and

| (b) | 60 % of costs for the functioning of a non-governmental body or a specialised network, which is non-profit-making and independent of industry, commercial and business or other conflicting interests, has members in at least half of the Member States, with a balanced geographical coverage, and pursues as its primary goal one or more objectives of the Programme, where such support is necessary to pursue those objectives. In cases of exceptional utility, the Community contribution shall not exceed 80 %. |
| --- | --- |

(b)

60 % of costs for the functioning of a non-governmental body or a specialised network, which is non-profit-making and independent of industry, commercial and business or other conflicting interests, has members in at least half of the Member States, with a balanced geographical coverage, and pursues as its primary goal one or more objectives of the Programme, where such support is necessary to pursue those objectives. In cases of exceptional utility, the Community contribution shall not exceed 80 %.

2.   The renewal of financial contributions set out in paragraph 1(b) to non-governmental bodies and specialised networks may be exempted from the principle of gradual decrease.

3.   Financial contributions by the Community may, where appropriate given the nature of the objective to be achieved, include joint financing by the Community and one or more Member States or by the Community and the competent authorities of other participating countries. In this case, the Community contribution shall not exceed 50 %, except in cases of exceptional utility, where the Community contribution shall not exceed 70 %. These Community contributions may be awarded to a public body or a non-profit-making body designated through a transparent procedure by the Member State or the competent authority concerned and agreed by the Commission.

4.   Financial contributions by the Community may also be given in the form of a lump sum and flat-rate financing where this is suited to the nature of the actions concerned. For such financial contributions, the percentage limits stipulated in paragraphs 1 and 3 shall not apply, although co-financing is still required.

Article 5

Administrative and technical assistance

1.   The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, required directly for the management of the Programme and the realisation of its objectives, in particular studies, meetings, information and publication actions, expenses linked to informatic networks focusing on information exchange, as well as all other technical and administrative assistance expense that the Commission may have recourse to for the management of the Programme.

2.   The financial allocation may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Decision No 1786/2002/EC. If necessary, appropriations could be entered in the budget beyond 2013 to cover similar expenses, in order to enable the management of actions not yet completed by 31 December 2013.

Article 6

Methods of implementation

Actions in pursuit of the aim and objectives set out in Article 2 shall make full use of appropriate available methods of implementation, including in particular:

| (a) | direct or indirect implementation by the Commission on a centralised basis; and |
| --- | --- |

(a)

direct or indirect implementation by the Commission on a centralised basis; and

| (b) | joint management with international organisations, where appropriate. |
| --- | --- |

(b)

joint management with international organisations, where appropriate.

Article 7

Implementation of the Programme

1.   The Commission shall ensure the implementation, in close cooperation with the Member States, of the actions and measures set out in the Programme in accordance with Articles 3 and 8.

2.   The Commission and the Member States shall take appropriate action, within their respective areas of competence, to ensure the efficient running of the Programme and to develop mechanisms at Community and Member State level to achieve the objectives of the Programme. They shall ensure that appropriate information is provided about actions supported by the Programme and that appropriate participation is obtained.

3.   For the attainment of the objectives of the Programme, the Commission shall, in close cooperation with the Member States:

| (a) | pursue the comparability of data and information, and the compatibility and interoperability of the systems and networks for exchange of data and information on health; and |
| --- | --- |

(a)

pursue the comparability of data and information, and the compatibility and interoperability of the systems and networks for exchange of data and information on health; and

| (b) | ensure the necessary cooperation and communication with the European Centre for Disease Prevention and Control and other relevant EU agencies in order to optimise the use of Community funds. |
| --- | --- |

(b)

ensure the necessary cooperation and communication with the European Centre for Disease Prevention and Control and other relevant EU agencies in order to optimise the use of Community funds.

4.   In implementing the Programme, the Commission, together with the Member States, shall ensure compliance with all relevant legal provisions regarding personal data protection and, where appropriate, the introduction of mechanisms to ensure the confidentiality and safety of such data.

Article 8

Implementation measures

1.   The measures necessary for the implementation of this Decision relating to the following shall be adopted in accordance with the procedure referred to in Article 10(2):

| (a) | the annual work plan for the implementation of the Programme, setting out:






  (i) | priorities and actions to be undertaken, including the allocation of financial resources; |
| --- | --- | --- |

(a)

the annual work plan for the implementation of the Programme, setting out:

(i)

priorities and actions to be undertaken, including the allocation of financial resources;

| (ii) | criteria for the percentage of Community financial contribution, including criteria for assessing whether or not exceptional utility applies; |
| --- | --- |

(ii)

criteria for the percentage of Community financial contribution, including criteria for assessing whether or not exceptional utility applies;

| (iii) | the arrangements for implementing the joint strategies and actions referred to in Article 9; |
| --- | --- |

(iii)

the arrangements for implementing the joint strategies and actions referred to in Article 9;

| (b) | selection, award and other criteria for financial contributions to the actions of the Programme covered by Article 4. |
| --- | --- |

(b)

selection, award and other criteria for financial contributions to the actions of the Programme covered by Article 4.

2.   Any other measures necessary for the implementation of this Decision shall be adopted in accordance with the procedure referred to in Article 10(3).

Article 9

Joint strategies and actions

1.   To ensure a high level of human health protection in the definition and implementation of all Community policies and activities and to promote the mainstreaming of health, the objectives of the Programme may be implemented as joint strategies and joint actions by creating links with relevant Community programmes, actions and funds.

2.   The Commission shall ensure the optimal synergy of the Programme with other Community programmes, actions and funds.

Article 10

Committee

1.   The Commission shall be assisted by a committee (hereinafter referred to as the Committee).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The Committee shall adopt its rules of procedure.

Article 11

Participation of third countries

The Programme shall be open to the participation of:

| (a) | the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement; and |
| --- | --- |

(a)

the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement; and

| (b) | third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements establishing the general principles for their participation in Community programmes. |
| --- | --- |

(b)

third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements establishing the general principles for their participation in Community programmes.

Article 12

International cooperation

In the course of implementing the Programme, relations and cooperation with third countries that are not participating in the Programme and relevant international organisations, in particular the WHO, shall be encouraged.

Article 13

Monitoring, evaluation and dissemination of results

1.   The Commission, in close cooperation with the Member States, shall monitor the implementation of the actions of the Programme in the light of its objectives. It shall report yearly to the Committee on all actions and projects funded through the Programme, and shall keep the European Parliament and the Council informed.

2.   At the request of the Commission, which shall avoid a disproportionate increase in the administrative burden of the Member States, Member States shall submit any available information on the implementation and impact of the Programme.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

| (a) | not later than ... (11), an external and independent interim evaluation report on the results obtained in relation to the objectives of the Programme and the qualitative and quantitative aspects of its implementation as well as its consistency and complementarity with other relevant Community programmes, actions and funds. The report shall in particular make it possible to assess the impact of measures on all countries. The report shall contain a summary of the main conclusions, and it shall be accompanied by remarks by the Commission; |
| --- | --- |

(a)

not later than ... (11), an external and independent interim evaluation report on the results obtained in relation to the objectives of the Programme and the qualitative and quantitative aspects of its implementation as well as its consistency and complementarity with other relevant Community programmes, actions and funds. The report shall in particular make it possible to assess the impact of measures on all countries. The report shall contain a summary of the main conclusions, and it shall be accompanied by remarks by the Commission;

| (b) | not later than ... (12), a Communication on the continuation of the Programme; |
| --- | --- |

(b)

not later than ... (12), a Communication on the continuation of the Programme;

| (c) | not later than 31 December 2015, an external and independent ex post evaluation report covering the implementation and results of the Programme. |
| --- | --- |

(c)

not later than 31 December 2015, an external and independent ex post evaluation report covering the implementation and results of the Programme.

4.   The Commission shall make the results of actions undertaken pursuant to this Decision publicly available and shall ensure their dissemination.

Article 14

Repeal

Decision No 1786/2002/EC shall be repealed.

Article 15

Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 88, 11.4.2006, p. 1.

1

(2)  OJ C 192, 16.8.2006, p. 8.

2

(3)  Opinion of the European Parliament of 16 March 2006 (OJ C 291 E, 30.11.2006, p. 372), Council Common Position of 22 March 2007 and Position of the European Parliament of ... (not yet published in the Official Journal).

3

(4)  OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

4

(5)  OJ L 142, 30.4.2004, p. 1.

5

(6)  Decision No 1926/2006/EC of the European Parliament and of the Council (OJ L 404, 30.12.2006, p. 39).

6

(7)  OJ C 146, 22.6.2006, p. 1.

7

(8)  OJ C 139, 14.6.2006, p. 1.

8

(9)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

9

(10)  The date of entry into force of this Decision.

10

(11)  Three years after the entry into force of this Decision.

11

(12)  Four years after the entry into force of this Decision.

12

---

ANNEX

ACTIONS REFERRED TO IN ARTICLE 2(2)

| 1. | Improve citizens' health security |
| --- | --- |

1.

Improve citizens' health security

| 1.1. | Protect citizens against health threats |
| --- | --- |

1.1.

Protect citizens against health threats

| 1.1.1. | Develop strategies and mechanisms for preventing, exchanging information on and responding to health threats from communicable and non-communicable diseases and health threats from physical, chemical or biological sources, including deliberate release acts; take action to assure high-quality-diagnostic cooperation between Member States' laboratories; support the work of existing laboratories carrying out work with relevance to the Community; work on the setting up of a network of Community reference laboratories. |
| --- | --- |

1.1.1.

Develop strategies and mechanisms for preventing, exchanging information on and responding to health threats from communicable and non-communicable diseases and health threats from physical, chemical or biological sources, including deliberate release acts; take action to assure high-quality-diagnostic cooperation between Member States' laboratories; support the work of existing laboratories carrying out work with relevance to the Community; work on the setting up of a network of Community reference laboratories.

| 1.1.2. | Support the development of prevention, vaccination and immunisation policies; improve partnerships, networks, tools and reporting systems for immunisation status and adverse events monitoring. |
| --- | --- |

1.1.2.

Support the development of prevention, vaccination and immunisation policies; improve partnerships, networks, tools and reporting systems for immunisation status and adverse events monitoring.

| 1.1.3. | Develop risk management capacity and procedures; improve preparedness and planning for health emergencies, including preparing for coordinated EU and international responses to health emergencies; develop risk communication and consultation procedures on counter-measures. |
| --- | --- |

1.1.3.

Develop risk management capacity and procedures; improve preparedness and planning for health emergencies, including preparing for coordinated EU and international responses to health emergencies; develop risk communication and consultation procedures on counter-measures.

| 1.1.4. | Promote the cooperation and improvement of existing response capacity and assets, including protective equipment, isolation facilities and mobile laboratories to deploy rapidly in emergencies. |
| --- | --- |

1.1.4.

Promote the cooperation and improvement of existing response capacity and assets, including protective equipment, isolation facilities and mobile laboratories to deploy rapidly in emergencies.

| 1.1.5. | Develop strategies and procedures for drawing up, improving surge capacity of, conducting exercises and tests of, evaluating and revising general contingency and specific health emergency plans and their interoperability between Member States. |
| --- | --- |

1.1.5.

Develop strategies and procedures for drawing up, improving surge capacity of, conducting exercises and tests of, evaluating and revising general contingency and specific health emergency plans and their interoperability between Member States.

| 1.2. | Improve citizens' safety |
| --- | --- |

1.2.

Improve citizens' safety

| 1.2.1. | Support and enhance scientific advice and risk assessment by promoting the early identification of risks; analyse their potential impact; exchange information on hazards and exposure; foster integrated and harmonised approaches. |
| --- | --- |

1.2.1.

Support and enhance scientific advice and risk assessment by promoting the early identification of risks; analyse their potential impact; exchange information on hazards and exposure; foster integrated and harmonised approaches.

| 1.2.2. | Help to enhance the safety and quality of organs and substances of human origin, blood, and blood derivatives; promote their availability, traceability and accessibility for medical use while respecting Member States' responsibilities as set out in Article 152(5) of the Treaty. |
| --- | --- |

1.2.2.

Help to enhance the safety and quality of organs and substances of human origin, blood, and blood derivatives; promote their availability, traceability and accessibility for medical use while respecting Member States' responsibilities as set out in Article 152(5) of the Treaty.

| 1.2.3. | Promote measures to improve patient safety through high-quality and safe healthcare, including in relation to antibiotic resistance and nosocomial infections. |
| --- | --- |

1.2.3.

Promote measures to improve patient safety through high-quality and safe healthcare, including in relation to antibiotic resistance and nosocomial infections.

| 2. | Promote health |
| --- | --- |

2.

Promote health

| 2.1. | Foster healthier ways of life and help bridge health inequalities |
| --- | --- |

2.1.

Foster healthier ways of life and help bridge health inequalities

| 2.1.1. | Promote initiatives to increase healthy life years and promote healthy ageing; support measures to promote and explore the impact of health on productivity and labour participation as a contribution to meeting the Lisbon goals; support measures to study the impact on health of other policies. |
| --- | --- |

2.1.1.

Promote initiatives to increase healthy life years and promote healthy ageing; support measures to promote and explore the impact of health on productivity and labour participation as a contribution to meeting the Lisbon goals; support measures to study the impact on health of other policies.

| 2.1.2. | Support initiatives to identify the causes of, address and reduce health inequalities within and between Member States, including those related to gender differences, in order to contribute to prosperity and cohesion; promote investment in health in cooperation with other Community policies and funds; improve solidarity between national health systems by supporting cooperation on issues of cross-border care. |
| --- | --- |

2.1.2.

Support initiatives to identify the causes of, address and reduce health inequalities within and between Member States, including those related to gender differences, in order to contribute to prosperity and cohesion; promote investment in health in cooperation with other Community policies and funds; improve solidarity between national health systems by supporting cooperation on issues of cross-border care.

| 2.2. | Promote healthier ways of life and reduce major diseases and injuries by tackling health determinants |
| --- | --- |

2.2.

Promote healthier ways of life and reduce major diseases and injuries by tackling health determinants

| 2.2.1. | Address health determinants to promote and improve physical and mental health, creating supportive environments for healthy lifestyles and preventing disease; take action on key factors such as nutrition and physical activity and sexual health, and on addiction-related determinants such as tobacco, alcohol and drugs, focusing on key settings such as education and the workplace, and across the life cycle. |
| --- | --- |

2.2.1.

Address health determinants to promote and improve physical and mental health, creating supportive environments for healthy lifestyles and preventing disease; take action on key factors such as nutrition and physical activity and sexual health, and on addiction-related determinants such as tobacco, alcohol and drugs, focusing on key settings such as education and the workplace, and across the life cycle.

| 2.2.2. | Promote action on the prevention of major diseases of particular significance in view of the overall burden of diseases in the Community, and on rare diseases, where Community action by tackling their determinants can provide significant added value to national efforts. |
| --- | --- |

2.2.2.

Promote action on the prevention of major diseases of particular significance in view of the overall burden of diseases in the Community, and on rare diseases, where Community action by tackling their determinants can provide significant added value to national efforts.

| 2.2.3. | Support action on the health effects of wider environmental and socio-economic determinants. |
| --- | --- |

2.2.3.

Support action on the health effects of wider environmental and socio-economic determinants.

| 2.2.4. | Promote actions to help reduce accidents and injuries. |
| --- | --- |

2.2.4.

Promote actions to help reduce accidents and injuries.

| 3. | Generate and disseminate health information and knowledge |
| --- | --- |

3.

Generate and disseminate health information and knowledge

| 3.1. | Exchange knowledge and best practice |
| --- | --- |

3.1.

Exchange knowledge and best practice

| 3.1.1. | Exchange knowledge and best practice on health issues within the scope of the Programme. |
| --- | --- |

3.1.1.

Exchange knowledge and best practice on health issues within the scope of the Programme.

| 3.2. | Collect, analyse and disseminate health information |
| --- | --- |

3.2.

Collect, analyse and disseminate health information

| 3.2.1. | Develop further a sustainable health monitoring system with mechanisms for collection of data and information, with appropriate indicators; collect data on health status and policies; develop, with the Community Statistical Programme, the statistical element of this system. |
| --- | --- |

3.2.1.

Develop further a sustainable health monitoring system with mechanisms for collection of data and information, with appropriate indicators; collect data on health status and policies; develop, with the Community Statistical Programme, the statistical element of this system.

| 3.2.2. | Develop mechanisms for analysis and dissemination, including Community health reports, the Health portal and conferences; provide information to citizens, stakeholders and policy makers, develop consultation mechanisms and participatory processes; establish regular reports on health status in the European Union based on all data and indicators and including a qualitative and quantitative analysis. |
| --- | --- |

3.2.2.

Develop mechanisms for analysis and dissemination, including Community health reports, the Health portal and conferences; provide information to citizens, stakeholders and policy makers, develop consultation mechanisms and participatory processes; establish regular reports on health status in the European Union based on all data and indicators and including a qualitative and quantitative analysis.

| 3.2.3. | Provide analysis and technical assistance in support of the development or implementation of policies or legislation related to the scope of the Programme. |
| --- | --- |

3.2.3.

Provide analysis and technical assistance in support of the development or implementation of policies or legislation related to the scope of the Programme.

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | On 15 April 2005, the Commission forwarded to the Council and to the European Parliament a proposal (1) for a Decision of the European Parliament and of the Council establishing a Programme of Community action in the field of Health and Consumer protection 2007-2013. |
| --- | --- |

1.

On 15 April 2005, the Commission forwarded to the Council and to the European Parliament a proposal (1) for a Decision of the European Parliament and of the Council establishing a Programme of Community action in the field of Health and Consumer protection 2007-2013.

| 2. | The opinions of the European Economic and Social Committee and the Committee of the Regions were adopted respectively on 14-15 February 2006 (2) and 16 February 2006 (3) while the European Parliament's first reading opinion was adopted on 16 March 2006 (4). |
| --- | --- |

2.

The opinions of the European Economic and Social Committee and the Committee of the Regions were adopted respectively on 14-15 February 2006 (2) and 16 February 2006 (3) while the European Parliament's first reading opinion was adopted on 16 March 2006 (4).

| 3. | Following the adoption on 17 May 2006 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (including the multiannual financial framework 2007-2013), the Commission submitted on 29 May 2006 an amended proposal (5) (hereinafter second Public Health Programme) which incorporated a number of European Parliament amendments, notably on the split of the proposal into two separate programmes (one in the field of health and one in the field of consumer protection), as well as the revised budget allocations. |
| --- | --- |

3.

Following the adoption on 17 May 2006 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (including the multiannual financial framework 2007-2013), the Commission submitted on 29 May 2006 an amended proposal (5) (hereinafter second Public Health Programme) which incorporated a number of European Parliament amendments, notably on the split of the proposal into two separate programmes (one in the field of health and one in the field of consumer protection), as well as the revised budget allocations.

| 4. | On 22 March 2007, the Council adopted its Common Position in accordance with Article 251(2) of the Treaty. |
| --- | --- |

4.

On 22 March 2007, the Council adopted its Common Position in accordance with Article 251(2) of the Treaty.

II.   OBJECTIVE

The second Public Health Programme for the period 2007-2013 is to replace the current programme established by the Decision No 1786/2002/EC (6).

The main objectives of the second Public Health Programme are to:

| — | improve citizen's health security, |
| --- | --- |

—

improve citizen's health security,

| — | promote health, and |
| --- | --- |

—

promote health, and

| — | generate and disseminate health information and knowledge. |
| --- | --- |

—

generate and disseminate health information and knowledge.

These objectives will be pursued through the actions listed in the Annex to the Decision that represent a continuation with respect to the current programme, while at the same time adapting them to new strategic issues, such as the need to promote healthy ageing, further address health inequalities and improve preparedness and planning for health emergencies.

Concrete priorities and actions, as well as other aspects of the programme's implementation (e.g. allocation of financial resources, selection and award criteria for financial contributions, the arrangements for implementing the joint strategies and actions), will be decided in the annual work-plans in consultation with the programme's management Committee. The broad objectives of the Public Health Programme give room to deal with new emerging issues, if needed, during its implementation period.

The total amount of the budget allocated to the programme stands at EUR 365,6 million in current prices.

III.   ANALYSIS OF THE COMMON POSITION

1.   General remarks

In general, the Council has followed the European Parliament's first reading Opinion that was incorporated to a considerable extent in the Commission's amended proposal. In particular, the Council agreed to the split of the Commission's original proposal into two separate programmes (one in the field of health and one in the field of consumer protection). The Council agreed to the revised budget allocations as mentioned in section II above and set out in the Interinstitutional agreement of 17 May 2006. It should be noted that the European Parliament's first reading opinion was adopted on 16 March 2006, i.e. before the Interinstitutional agreement of 17 May 2006.

2.   European Parliament Amendments

In its plenary vote on 16 March 2006, the European Parliament adopted 145 Amendments to the Commission's initial proposal. The majority of these amendments were integrated in the Commission's amended proposal, with respect of which the Council has accepted further amendments in its common position.

The Council:

| (a) | Introduced in the common position 22 Amendments related to the split of the Commission's original proposal into two separate programmes, as follows:






  (i) | Amendments accepted in full: | Amendment 1 (on Title): the new title; |
| --- | --- | --- | --- |

(a)

Introduced in the common position 22 Amendments related to the split of the Commission's original proposal into two separate programmes, as follows:

(i)

Amendments accepted in full:

Amendment 1 (on Title): the new title;

| | Amendment 2 (on Citation 1); |
| --- | --- |

Amendment 2 (on Citation 1);

| | Amendment 15 (on Recital 2): the additional part not related to the split is accepted in Recital 4; |
| --- | --- |

Amendment 15 (on Recital 2): the additional part not related to the split is accepted in Recital 4;

| | Amendment 37 (on Recital 4): deleted; |
| --- | --- |

Amendment 37 (on Recital 4): deleted;

| | Amendment 42 (on Recital 9); this Recital is now Recital 31; |
| --- | --- |

Amendment 42 (on Recital 9); this Recital is now Recital 31;

| | Amendment 52 (on Article 3); this Article is now Article 4; |
| --- | --- |

Amendment 52 (on Article 3); this Article is now Article 4;

| | Amendment 74 (on Article 11); this Article is now Article 14; |
| --- | --- |

Amendment 74 (on Article 11); this Article is now Article 14;

| | Amendment 75 (on Article 12); this Article is now Article 5.2; |
| --- | --- |

Amendment 75 (on Article 12); this Article is now Article 5.2;

| | Amendment 76 (on Annex 1); Annex 1 was deleted; |
| --- | --- |

Amendment 76 (on Annex 1); Annex 1 was deleted;

| | Amendments 77, 78, 84, 86, 101: (on Annex 2); this Annex 2 is now Annex; |
| --- | --- |

Amendments 77, 78, 84, 86, 101: (on Annex 2); this Annex 2 is now Annex;

| | Amendment 140 (on Annex 3); this Annex became the annex to the programme of Community action in the field of Consumer policy (2007-2013). |
| --- | --- |

Amendment 140 (on Annex 3); this Annex became the annex to the programme of Community action in the field of Consumer policy (2007-2013).

| (ii) | Amendments reworded or accepted in part: | Amendment 3 (on Recital 1); accepted concerning the splitting; |
| --- | --- | --- |

(ii)

Amendments reworded or accepted in part:

Amendment 3 (on Recital 1); accepted concerning the splitting;

| | Amendment 18 (on Recital 3): accepted concerning the splitting; |
| --- | --- |

Amendment 18 (on Recital 3): accepted concerning the splitting;

| | Amendment 38 (on Recital 5): partly also accepted in Recital 12; |
| --- | --- |

Amendment 38 (on Recital 5): partly also accepted in Recital 12;

| | Amendment 41 (on Recital 7): accepted concerning the splitting; |
| --- | --- |

Amendment 41 (on Recital 7): accepted concerning the splitting;

| | Amendment 43 (on Recital 11): reworded in Recital 33; |
| --- | --- |

Amendment 43 (on Recital 11): reworded in Recital 33;

| | Amendment 48 (on Article 1); |
| --- | --- |

Amendment 48 (on Article 1);

| | Amendment 49 (on Article 2): partly also accepted in Article 2.1. |
| --- | --- |

Amendment 49 (on Article 2): partly also accepted in Article 2.1.

| (b) | did not accept Amendment 113 as a result of the reduced number of actions in the Commission's amended proposal. |
| --- | --- |

(b)

did not accept Amendment 113 as a result of the reduced number of actions in the Commission's amended proposal.

| (c) | Introduced in the common position 91 Amendments which were not related to the split of the proposal, as follows:






  (i) | Amendments accepted in full: | On the recitals: | Amendment 7 (on Recital 1 d (new)): is now in Recital 3; |
| --- | --- | --- | --- | --- |

(c)

Introduced in the common position 91 Amendments which were not related to the split of the proposal, as follows:

(i)

Amendments accepted in full:

On the recitals:

Amendment 7 (on Recital 1 d (new)): is now in Recital 3;

| | Amendment 9 (on Recital 1 f (new)): is now in Recital 6; |
| --- | --- |

Amendment 9 (on Recital 1 f (new)): is now in Recital 6;

| | Amendment 19 (on Recital 3 a (new)): is now in Recital 12; |
| --- | --- |

Amendment 19 (on Recital 3 a (new)): is now in Recital 12;

| | Amendment 20 (on Recital 3 b (new)): is now in Recital 14; |
| --- | --- |

Amendment 20 (on Recital 3 b (new)): is now in Recital 14;

| | Amendment 21 (on Recital 3 c (new)): is now in Recital 15; |
| --- | --- |

Amendment 21 (on Recital 3 c (new)): is now in Recital 15;

| | Amendment 22 (on Recital 3 d (new)): is now in Recital 16; |
| --- | --- |

Amendment 22 (on Recital 3 d (new)): is now in Recital 16;

| | Amendment 24 (on Recital 3 f (new)): is now in Recital 17; |
| --- | --- |

Amendment 24 (on Recital 3 f (new)): is now in Recital 17;

| | Amendment 30 (on Recital 3 l (new)): is now in Recital 22; |
| --- | --- |

Amendment 30 (on Recital 3 l (new)): is now in Recital 22;

| | Amendment 34 (on Recital 3 p (new)): is now in Recital 24; |
| --- | --- |

Amendment 34 (on Recital 3 p (new)): is now in Recital 24;

| | Amendment 35 (on Recital 3 q (new)): is now in Recital 26; |
| --- | --- |

Amendment 35 (on Recital 3 q (new)): is now in Recital 26;

| | Amendment 36 (on Recital 3 r (new)): is now in Recital 26; |
| --- | --- |

Amendment 36 (on Recital 3 r (new)): is now in Recital 26;

| | On the Articles: | Amendment 59 (on Article 4 paragraph 1 d (new)): is now in Article 7.3(a); |
| --- | --- | --- |

On the Articles:

Amendment 59 (on Article 4 paragraph 1 d (new)): is now in Article 7.3(a);

| | Amendment 60 (on Article 4 paragraph 1 e (new)): is now Article 7.3(b); |
| --- | --- |

Amendment 60 (on Article 4 paragraph 1 e (new)): is now Article 7.3(b);

| | Amendment 61 (on Article 4 paragraph 1 f (new)): is now Article 7.4; |
| --- | --- |

Amendment 61 (on Article 4 paragraph 1 f (new)): is now Article 7.4;

| | Amendment 66 (on Article 7 paragraph 1 point (a)): is now Article 8.1(a)(i); |
| --- | --- |

Amendment 66 (on Article 7 paragraph 1 point (a)): is now Article 8.1(a)(i);

| | Amendment 69 (on Article 7 paragraph 2): is now Article 8.2; |
| --- | --- |

Amendment 69 (on Article 7 paragraph 2): is now Article 8.2;

| | Amendment 70 (on Article 9): is now Article 12; |
| --- | --- |

Amendment 70 (on Article 9): is now Article 12;

| | Amendment 72 (on Article 10, paragraph 3); deleted; |
| --- | --- |

Amendment 72 (on Article 10, paragraph 3); deleted;

| (ii) | Amendments reworded or accepted in part: | On the recitals: | Amendment 4 (on Recital 1): partly accepted in Recital 1; |
| --- | --- | --- | --- |

(ii)

Amendments reworded or accepted in part:

On the recitals:

Amendment 4 (on Recital 1): partly accepted in Recital 1;

| | Amendment 6 (on Recital 1 c (new)): reworded in Recital 2; |
| --- | --- |

Amendment 6 (on Recital 1 c (new)): reworded in Recital 2;

| | Amendment 8 (on Recital 1 e (new)): partly accepted in Recital 5; |
| --- | --- |

Amendment 8 (on Recital 1 e (new)): partly accepted in Recital 5;

| | Amendment 10 (on Recital 1 g (new)): partly accepted in Recital 7; |
| --- | --- |

Amendment 10 (on Recital 1 g (new)): partly accepted in Recital 7;

| | Amendment 13 (on Recital 1 k (new)): partly accepted in Recital 8; |
| --- | --- |

Amendment 13 (on Recital 1 k (new)): partly accepted in Recital 8;

| | Amendment 14 (on Recital 11 (new)): reworded in Recital 9; |
| --- | --- |

Amendment 14 (on Recital 11 (new)): reworded in Recital 9;

| | Amendment 16 (on Recital 2 a (new)): partly accepted in Recital 10; |
| --- | --- |

Amendment 16 (on Recital 2 a (new)): partly accepted in Recital 10;

| | Amendment 17 (on Recital 2 b (new)): partly accepted in Recital 11; |
| --- | --- |

Amendment 17 (on Recital 2 b (new)): partly accepted in Recital 11;

| | Amendment 23 (on Recital 3 e (new)): partly accepted in Recital 17; |
| --- | --- |

Amendment 23 (on Recital 3 e (new)): partly accepted in Recital 17;

| | Amendment 25 (on Recital 3 g (new)): partly accepted in Recital 18; |
| --- | --- |

Amendment 25 (on Recital 3 g (new)): partly accepted in Recital 18;

| | Amendment 26 (on Recital 3 h (new)): partly accepted in Recital 18; |
| --- | --- |

Amendment 26 (on Recital 3 h (new)): partly accepted in Recital 18;

| | Amendment 27 (on Recital 3 g (new)): reworded in Recital 19; |
| --- | --- |

Amendment 27 (on Recital 3 g (new)): reworded in Recital 19;

| | Amendment 28 (on Recital 3 j (new)): reworded in Recital 21; |
| --- | --- |

Amendment 28 (on Recital 3 j (new)): reworded in Recital 21;

| | Amendment 29 (on Recital 3 k (new)): partly accepted in Recital 21; |
| --- | --- |

Amendment 29 (on Recital 3 k (new)): partly accepted in Recital 21;

| | Amendment 31 (on Recital 3 m (new)): partly accepted in Recital 23; |
| --- | --- |

Amendment 31 (on Recital 3 m (new)): partly accepted in Recital 23;

| | Amendment 39 (on Recital 5 a (new)): reworded in Recital 27; |
| --- | --- |

Amendment 39 (on Recital 5 a (new)): reworded in Recital 27;

| | Amendment 40 (on Recital 6): partly accepted in Recital 28; |
| --- | --- |

Amendment 40 (on Recital 6): partly accepted in Recital 28;

| | Amendment 44 (on Recital 12): partly accepted in Recital 34; |
| --- | --- |

Amendment 44 (on Recital 12): partly accepted in Recital 34;

| | Amendment 45 (on Recital 13): partly accepted in Recital 36; |
| --- | --- |

Amendment 45 (on Recital 13): partly accepted in Recital 36;

| | Amendment 46 (on Recital 13 a (new)): reworded in Recital 37; |
| --- | --- |

Amendment 46 (on Recital 13 a (new)): reworded in Recital 37;

| | Amendment 47 (on Recital 14): reworded in Recital 38 and Article 5.2; |
| --- | --- |

Amendment 47 (on Recital 14): reworded in Recital 38 and Article 5.2;

| | On the Articles: | Amendment 50 (on Article 2 paragraph 2, point (a) new): partly accepted in Recital 1 and Annex Objective 2.1; |
| --- | --- | --- |

On the Articles:

Amendment 50 (on Article 2 paragraph 2, point (a) new): partly accepted in Recital 1 and Annex Objective 2.1;

| | Amendment 53 (on Article 3 paragraph 2, point (b)): partly accepted in Article 4.1(b); |
| --- | --- |

Amendment 53 (on Article 3 paragraph 2, point (b)): partly accepted in Article 4.1(b);

| | Amendment 55 (on Article 4): partly accepted in Article 7.1; |
| --- | --- |

Amendment 55 (on Article 4): partly accepted in Article 7.1;

| | Amendment 56 (on Article 4 paragraph 1 a (new)): partly accepted in Article 7.3(a); |
| --- | --- |

Amendment 56 (on Article 4 paragraph 1 a (new)): partly accepted in Article 7.3(a);

| | Amendment 57 (on Article 4 paragraph 1 b (new)): partly accepted in Article 7.2; |
| --- | --- |

Amendment 57 (on Article 4 paragraph 1 b (new)): partly accepted in Article 7.2;

| | Amendment 62 (on Article 4, paragraph 1 g (new)): partly accepted in Article 5.2; |
| --- | --- |

Amendment 62 (on Article 4, paragraph 1 g (new)): partly accepted in Article 5.2;

| | Amendment 63 (on Article 4 a (new)): partly accepted in Article 9; |
| --- | --- |

Amendment 63 (on Article 4 a (new)): partly accepted in Article 9;

| | Amendment 67 (on Article 7, paragraph 1 point (aa) (new)): partly accepted in Article 8.1(a)(iii); |
| --- | --- |

Amendment 67 (on Article 7, paragraph 1 point (aa) (new)): partly accepted in Article 8.1(a)(iii);

| | Amendment 71 (on Article 10 paragraph 2): partly accepted in Article 13.3; |
| --- | --- |

Amendment 71 (on Article 10 paragraph 2): partly accepted in Article 13.3;

| | Amendment 73 (on Article 10, paragraph 3 a (new)): partly accepted in Article 13.3(a); |
| --- | --- |

Amendment 73 (on Article 10, paragraph 3 a (new)): partly accepted in Article 13.3(a);

| | Amendment 146 (on Article 7, paragraph 1 point a c (new)): partly accepted in Article 8.1; |
| --- | --- |

Amendment 146 (on Article 7, paragraph 1 point a c (new)): partly accepted in Article 8.1;

| | Amendment 147 (on Article 10, paragraph 1): partly accepted in Art. 13.3(a); |
| --- | --- |

Amendment 147 (on Article 10, paragraph 1): partly accepted in Art. 13.3(a);

| | On the Annex: | Amendments 79 and 80 (on Annex 2): partly accepted in Article 7.3(b); |
| --- | --- | --- |

On the Annex:

Amendments 79 and 80 (on Annex 2): partly accepted in Article 7.3(b);

| | Amendment 81 (on Annex 2): partly accepted in the Annex, Objective 1.2.3; |
| --- | --- |

Amendment 81 (on Annex 2): partly accepted in the Annex, Objective 1.2.3;

| | Amendment 85 (on Annex 2): partly accepted in Annex Objective 1.1.3; |
| --- | --- |

Amendment 85 (on Annex 2): partly accepted in Annex Objective 1.1.3;

| | Amendment 88 (on Annex 2): partly accepted in Recitals 11 and 22; |
| --- | --- |

Amendment 88 (on Annex 2): partly accepted in Recitals 11 and 22;

| | Amendment 89 (on Annex 2): partly accepted in Annex Objective 2.2.1; |
| --- | --- |

Amendment 89 (on Annex 2): partly accepted in Annex Objective 2.2.1;

| | Amendment 90 (on Annex 2): partly accepted in Recital 19; |
| --- | --- |

Amendment 90 (on Annex 2): partly accepted in Recital 19;

| | Amendment 91 (on Annex 2): partly accepted in Annex Objective 2.1.2; |
| --- | --- |

Amendment 91 (on Annex 2): partly accepted in Annex Objective 2.1.2;

| | Amendment 92 (on Annex 2): partly accepted in Recitals 16 and 37, and Annex Objective 2.1; |
| --- | --- |

Amendment 92 (on Annex 2): partly accepted in Recitals 16 and 37, and Annex Objective 2.1;

| | Amendment 93 (on Annex 2): partly accepted in Annex Objective 1.1.1; |
| --- | --- |

Amendment 93 (on Annex 2): partly accepted in Annex Objective 1.1.1;

| | Amendment 98 (on Annex 2): partly accepted in Recitals 17, 23 and Annex Objective 2.1.1; |
| --- | --- |

Amendment 98 (on Annex 2): partly accepted in Recitals 17, 23 and Annex Objective 2.1.1;

| | Amendment 99 (on Annex 2): partly accepted in Recitals 17, 23 and Annex Objective 2.1.2; |
| --- | --- |

Amendment 99 (on Annex 2): partly accepted in Recitals 17, 23 and Annex Objective 2.1.2;

| | Amendment 100 (on Annex 2): partly accepted in Article 2.2 and Annex Objective 2.2; |
| --- | --- |

Amendment 100 (on Annex 2): partly accepted in Article 2.2 and Annex Objective 2.2;

| | Amendment 104 (on Annex 2): partly accepted in Annex Objective 2.1; |
| --- | --- |

Amendment 104 (on Annex 2): partly accepted in Annex Objective 2.1;

| | Amendment 106 (on Annex 2): partly accepted in Annex Objective 1.1.2; |
| --- | --- |

Amendment 106 (on Annex 2): partly accepted in Annex Objective 1.1.2;

| | Amendment 107 (on Annex 2): partly accepted in Recitals 16 and 37, and Annex Objective 2.1; |
| --- | --- |

Amendment 107 (on Annex 2): partly accepted in Recitals 16 and 37, and Annex Objective 2.1;

| | Amendment 108 (on Annex 2): partly accepted in Recital 18 and Annex Objective 3.1; |
| --- | --- |

Amendment 108 (on Annex 2): partly accepted in Recital 18 and Annex Objective 3.1;

| | Amendment 109 (on Annex 2): partly accepted in Recital 21; |
| --- | --- |

Amendment 109 (on Annex 2): partly accepted in Recital 21;

| | Amendment 110 (on Annex 2): partly accepted in Recital 19; |
| --- | --- |

Amendment 110 (on Annex 2): partly accepted in Recital 19;

| | Amendment 111 (on Annex 2): partly accepted in Recitals 18, 19 and Annex Objective 2.2; |
| --- | --- |

Amendment 111 (on Annex 2): partly accepted in Recitals 18, 19 and Annex Objective 2.2;

| | Amendment 112 (on Annex 2): partly accepted in Article 2.2 and Annex Objective 2.2; |
| --- | --- |

Amendment 112 (on Annex 2): partly accepted in Article 2.2 and Annex Objective 2.2;

| | Amendment 115 (on Annex 2): partly accepted in Recital 21; |
| --- | --- |

Amendment 115 (on Annex 2): partly accepted in Recital 21;

| | Amendment 116 (on Annex 2): partly accepted in Annex Objective 3.1; |
| --- | --- |

Amendment 116 (on Annex 2): partly accepted in Annex Objective 3.1;

| | Amendment 117 (on Annex 2): partly accepted in Recitals 17 and 23, and Annex Objective 2.1.2; |
| --- | --- |

Amendment 117 (on Annex 2): partly accepted in Recitals 17 and 23, and Annex Objective 2.1.2;

| | Amendment 118 (on Annex 2): partly accepted in Recital 21; |
| --- | --- |

Amendment 118 (on Annex 2): partly accepted in Recital 21;

| | Amendment 119 (on Annex 2): partly accepted in Annex Objective 2.1.1; |
| --- | --- |

Amendment 119 (on Annex 2): partly accepted in Annex Objective 2.1.1;

| | Amendment 120 (on Annex 2): partly accepted in Annex Objective 1.2.2; |
| --- | --- |

Amendment 120 (on Annex 2): partly accepted in Annex Objective 1.2.2;

| | Amendment 121 (on Annex 2): partly accepted in Recital 12, Articles 2.2 and 9, and Annex Objective 3; |
| --- | --- |

Amendment 121 (on Annex 2): partly accepted in Recital 12, Articles 2.2 and 9, and Annex Objective 3;

| | Amendment 123 (on Annex 2): reworded in Annex Objective 3; |
| --- | --- |

Amendment 123 (on Annex 2): reworded in Annex Objective 3;

| | Amendment 124 (on Annex 2): partly accepted in Annex Objective 3.2; |
| --- | --- |

Amendment 124 (on Annex 2): partly accepted in Annex Objective 3.2;

| | Amendment 125 (on Annex 2): partly accepted in Recital 17 and Annex Objective 3.2.1; |
| --- | --- |

Amendment 125 (on Annex 2): partly accepted in Recital 17 and Annex Objective 3.2.1;

| | Amendment 126 (on Annex 2): partly accepted in Annex Objective 3.2.1; |
| --- | --- |

Amendment 126 (on Annex 2): partly accepted in Annex Objective 3.2.1;

| | Amendment 132 (on Annex 2): partly accepted in Annex Objective 1.1.1; |
| --- | --- |

Amendment 132 (on Annex 2): partly accepted in Annex Objective 1.1.1;

| | Amendment 133 (on Annex 2): partly accepted in Annex Objective 3.2.2; |
| --- | --- |

Amendment 133 (on Annex 2): partly accepted in Annex Objective 3.2.2;

| | Amendment 134 (on Annex 2): partly accepted in Recitals 12 and 13, Article 9.1 and Annex Objective 2.1.1; |
| --- | --- |

Amendment 134 (on Annex 2): partly accepted in Recitals 12 and 13, Article 9.1 and Annex Objective 2.1.1;

| | Amendment 135 (on Annex 2): partly accepted in the Annex; |
| --- | --- |

Amendment 135 (on Annex 2): partly accepted in the Annex;

| | Amendment 136 (on Annex 2): partly accepted in Article 12; |
| --- | --- |

Amendment 136 (on Annex 2): partly accepted in Article 12;

| | Amendment 137 (on Annex 2): partly accepted in Annex Objective 1.2.1; |
| --- | --- |

Amendment 137 (on Annex 2): partly accepted in Annex Objective 1.2.1;

| | Amendment 138 (on Annex 2): partly accepted in Annex Objective 1.2.2; |
| --- | --- |

Amendment 138 (on Annex 2): partly accepted in Annex Objective 1.2.2;

| | Amendment 139 (on Annex 2): partly accepted in Annex Objective 3.2.3; |
| --- | --- |

Amendment 139 (on Annex 2): partly accepted in Annex Objective 3.2.3;

| (d) | Did not include 26 Amendments (5, 11, 12, 32, 33, 51, 54, 58, 65, 68, 82, 83, 87, 95, 96, 102, 103, 105, 122, 128, 130, 131, 145, 148, 152 and 153) in the common position.
  The Council cannot accept the following five amendments due to resource-related constrains following the adoption of the Interinstitutional agreement of 17 May 2006: 64, 97, 114, 127 and 129. |
| --- | --- |

(d)

Did not include 26 Amendments (5, 11, 12, 32, 33, 51, 54, 58, 65, 68, 82, 83, 87, 95, 96, 102, 103, 105, 122, 128, 130, 131, 145, 148, 152 and 153) in the common position.

The Council cannot accept the following five amendments due to resource-related constrains following the adoption of the Interinstitutional agreement of 17 May 2006: 64, 97, 114, 127 and 129.

IV.   CONCLUSION

The Council considers that its common position, which incorporates the Amendments mentioned in Sections III.2.(a) and (c), takes good account of the first reading opinion of the European Parliament.

The common position represents a balance of concerns and interests ensuring that the objectives of the programme could be implemented through a tightened number of actions and instruments as well as more accurate methods and procedures, which have been reformulated in line with the European Parliament's first reading opinion and the Commission's amended proposal. The Decision will improve the effectiveness of Community actions in the field of public health and raise awareness about status of health in the European Union, thus contributing to the improvement and protection of health of the European Union' citizens.

---

(1)  OJ C 172, 12.7.2005, p. 25.

(2)  OJ C 88, 11.4.2006, p. 1.

(3)  OJ C 192, 16.8.2006, p. 8.

(4)  7537/06.

(5)  9905/06.

(6)  OJ L 271, 9.10.2002, p. 1.

---

| 8.5.2007 | EN | Official Journal of the European Union | CE 103/26 |
| --- | --- | --- | --- |

8.5.2007

EN

Official Journal of the European Union

CE 103/26

---

COMMON POSITION (EC) No 6/2007

adopted by the Council on 22 March 2007

with a view to adopting Regulation (EC) No .../2007 of the European Parliament and of the Council of ... laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks

(2007/C 103 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,

Having regard to the Commission proposal,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure provided for in Article 251 of the Treaty (2),

Whereas:

| (1) | The European Council of 15 and 16 March 2002 held in Barcelona underlined in its conclusions that strong and integrated energy and transport networks are the cornerstone of the European internal market and that better use of the existing networks and the completion of missing links will make it possible to increase effectiveness and competitiveness and to guarantee an appropriate level of quality and a reduction in saturation points and, therefore, better long-term viability. These needs fall within the framework of the strategy adopted by the Heads of State and Government at the European Council of 23 and 24 March 2000 held in Lisbon, which has been regularly referred to since then. |
| --- | --- |

(1)

The European Council of 15 and 16 March 2002 held in Barcelona underlined in its conclusions that strong and integrated energy and transport networks are the cornerstone of the European internal market and that better use of the existing networks and the completion of missing links will make it possible to increase effectiveness and competitiveness and to guarantee an appropriate level of quality and a reduction in saturation points and, therefore, better long-term viability. These needs fall within the framework of the strategy adopted by the Heads of State and Government at the European Council of 23 and 24 March 2000 held in Lisbon, which has been regularly referred to since then.

| (2) | The European Council of 12 and 13 December 2003 held in Brussels approved European action for growth, calling on the Commission to redirect expenditure, if necessary, towards investments in physical capital, in particular investments in the infrastructure of the trans-European networks, the priority projects of which represent essential elements to strengthen the cohesion of the internal market. |
| --- | --- |

(2)

The European Council of 12 and 13 December 2003 held in Brussels approved European action for growth, calling on the Commission to redirect expenditure, if necessary, towards investments in physical capital, in particular investments in the infrastructure of the trans-European networks, the priority projects of which represent essential elements to strengthen the cohesion of the internal market.

| (3) | Delays in the completion of effective trans-European connections, in particular cross-border sections, are likely to seriously handicap the competitiveness of the Union, the Member States and peripheral regions which would not, or would no longer, be able to profit fully from the beneficial effects of the internal market. |
| --- | --- |

(3)

Delays in the completion of effective trans-European connections, in particular cross-border sections, are likely to seriously handicap the competitiveness of the Union, the Member States and peripheral regions which would not, or would no longer, be able to profit fully from the beneficial effects of the internal market.

| (4) | In Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (3), the cost of completing the trans-European transport network between 2007 and 2020 was estimated at EUR 600 billion. The investments necessary for the priority projects within the meaning of Annex III to that Decision alone account for almost EUR 160 billion for the period 2007-2013. |
| --- | --- |

(4)

In Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (3), the cost of completing the trans-European transport network between 2007 and 2020 was estimated at EUR 600 billion. The investments necessary for the priority projects within the meaning of Annex III to that Decision alone account for almost EUR 160 billion for the period 2007-2013.

| (5) | To achieve these goals, both the European Parliament and the Council have put forward the need to strengthen and adapt existing financial instruments through an increase in the level of Community co-financing by providing for the possibility of applying a higher Community co-financing rate, in particular for projects characterised by their cross-border nature, their transit function, or by the crossing of natural barriers. |
| --- | --- |

(5)

To achieve these goals, both the European Parliament and the Council have put forward the need to strengthen and adapt existing financial instruments through an increase in the level of Community co-financing by providing for the possibility of applying a higher Community co-financing rate, in particular for projects characterised by their cross-border nature, their transit function, or by the crossing of natural barriers.

| (6) | In accordance with the Communication from the Commission to the European Parliament and the Council on the ‘promotion of inland waterway transport (NAIADES)’ and having regard to the sustainable nature of inland waterways, inland waterways projects should receive special attention. |
| --- | --- |

(6)

In accordance with the Communication from the Commission to the European Parliament and the Council on the ‘promotion of inland waterway transport (NAIADES)’ and having regard to the sustainable nature of inland waterways, inland waterways projects should receive special attention.

| (7) | In its Resolution of 8 June 2005 on policy challenges and budgetary means of the enlarged Union 2007-2013 (4), the European Parliament underlined the strategic importance of transport networks for the completion of the internal market and for closer relations with candidate, pre-candidate and ‘ring of friends’ countries. Moreover, it also expressed its willingness to examine innovative financing instruments such as loan guarantees, European concessions, European loans and an interest relief fund. |
| --- | --- |

(7)

In its Resolution of 8 June 2005 on policy challenges and budgetary means of the enlarged Union 2007-2013 (4), the European Parliament underlined the strategic importance of transport networks for the completion of the internal market and for closer relations with candidate, pre-candidate and ‘ring of friends’ countries. Moreover, it also expressed its willingness to examine innovative financing instruments such as loan guarantees, European concessions, European loans and an interest relief fund.

| (8) | With the amounts allocated to the trans-European networks in the transport and energy sectors (hereinafter referred to as TEN-T and TEN-E respectively) in accordance with the multiannual financial framework 2007-2013, it is impossible to meet all the needs arising in connection with the implementation of the priorities set out in Decision No 1692/96/EC for TEN-T and Decision No 1364/2006/EC (5) for TEN-E. In order to complement national sources of financing, both public and private, it is therefore appropriate to focus these resources on certain categories of projects which will provide the greatest added value for the networks as a whole, in particular the cross-border sections, including the motorways of the sea, and projects aimed at removing bottlenecks, such as natural barriers, so as to guarantee the continuity of TEN-T and TEN-E infrastructure. In order to facilitate the coordinated implementation of certain projects, European Coordinators may be designated in accordance with Article 17a of Decision No 1692/96/EC. |
| --- | --- |

(8)

With the amounts allocated to the trans-European networks in the transport and energy sectors (hereinafter referred to as TEN-T and TEN-E respectively) in accordance with the multiannual financial framework 2007-2013, it is impossible to meet all the needs arising in connection with the implementation of the priorities set out in Decision No 1692/96/EC for TEN-T and Decision No 1364/2006/EC (5) for TEN-E. In order to complement national sources of financing, both public and private, it is therefore appropriate to focus these resources on certain categories of projects which will provide the greatest added value for the networks as a whole, in particular the cross-border sections, including the motorways of the sea, and projects aimed at removing bottlenecks, such as natural barriers, so as to guarantee the continuity of TEN-T and TEN-E infrastructure. In order to facilitate the coordinated implementation of certain projects, European Coordinators may be designated in accordance with Article 17a of Decision No 1692/96/EC.

| (9) | Taking into account that the remaining TEN-T investment in priority projects is estimated at about EUR 250 billion and that the European financial reference amount of EUR 8 013 million for transport for the period 2007-2013 only represents a tiny part of the necessary budget for completion of the priority projects, the Commission should, with the help of European Coordinators where appointed, carry out actions to support and coordinate Member States' efforts to finance and complete the planned TEN-T, in line with the timetable laid down. The Commission should implement the provisions concerning European Coordinators referred to in Decision No 1692/96/EC. It should also study and intend to solve, together with the Member States, the long-term financial problem of building and operating the whole TEN-T, bearing in mind that the building period comprises at least two seven-year budget periods and the expected life of the new infrastructure is at least a century. |
| --- | --- |

(9)

Taking into account that the remaining TEN-T investment in priority projects is estimated at about EUR 250 billion and that the European financial reference amount of EUR 8 013 million for transport for the period 2007-2013 only represents a tiny part of the necessary budget for completion of the priority projects, the Commission should, with the help of European Coordinators where appointed, carry out actions to support and coordinate Member States' efforts to finance and complete the planned TEN-T, in line with the timetable laid down. The Commission should implement the provisions concerning European Coordinators referred to in Decision No 1692/96/EC. It should also study and intend to solve, together with the Member States, the long-term financial problem of building and operating the whole TEN-T, bearing in mind that the building period comprises at least two seven-year budget periods and the expected life of the new infrastructure is at least a century.

| (10) | Decision No 1364/2006/EC identifies the objectives, priorities for action and projects of common interest to develop TEN-E, including the priority projects, and assigns appropriate priority to projects declared to be of European interest. The investments necessary to make it possible for all the Member States to take part fully in the internal market and to complete interconnections with neighbouring countries are about EUR 28 billion between 2007 and 2013 for the priority projects alone. |
| --- | --- |

(10)

Decision No 1364/2006/EC identifies the objectives, priorities for action and projects of common interest to develop TEN-E, including the priority projects, and assigns appropriate priority to projects declared to be of European interest. The investments necessary to make it possible for all the Member States to take part fully in the internal market and to complete interconnections with neighbouring countries are about EUR 28 billion between 2007 and 2013 for the priority projects alone.

| (11) | The European Council of 12 and 13 December 2003 also called on the Commission to continue studying the need to create a specific Community guarantee instrument intended to cover certain post-construction risks in the framework of TEN-T projects. With regard to energy, the European Council called on the Commission, to redirect expenditure, if necessary, towards investments in physical capital in order to stimulate growth. |
| --- | --- |

(11)

The European Council of 12 and 13 December 2003 also called on the Commission to continue studying the need to create a specific Community guarantee instrument intended to cover certain post-construction risks in the framework of TEN-T projects. With regard to energy, the European Council called on the Commission, to redirect expenditure, if necessary, towards investments in physical capital in order to stimulate growth.

| (12) | Council Regulation (EC) No 2236/95 of 18 September 1995 laying down the rules for the granting of Community financial aid in the field of the trans-European networks (6) already represents real progress, since it permits a higher financing rate of 20 % for projects declared as having priority. It nevertheless remains conditional on implementation rules which require simplification and an overall budget with limited resources. It appears therefore necessary to complement national public financing and private financing by increasing Community aid in terms of both its amount and the rates of assistance, with a view to strengthening the leverage effect of the Community funds, thus making it possible to carry out the priority projects selected. |
| --- | --- |

(12)

Council Regulation (EC) No 2236/95 of 18 September 1995 laying down the rules for the granting of Community financial aid in the field of the trans-European networks (6) already represents real progress, since it permits a higher financing rate of 20 % for projects declared as having priority. It nevertheless remains conditional on implementation rules which require simplification and an overall budget with limited resources. It appears therefore necessary to complement national public financing and private financing by increasing Community aid in terms of both its amount and the rates of assistance, with a view to strengthening the leverage effect of the Community funds, thus making it possible to carry out the priority projects selected.

| (13) | By means of this Regulation, it is appropriate to establish a programme determining the general rules for the granting of Community financial aid in the field of TEN-T and TEN-E. That programme, which must be carried out in conformity with Community law, in particular as regards the environment, should contribute to the reinforcement of the internal market and have a stimulating effect on the competitiveness of and growth in the Community. |
| --- | --- |

(13)

By means of this Regulation, it is appropriate to establish a programme determining the general rules for the granting of Community financial aid in the field of TEN-T and TEN-E. That programme, which must be carried out in conformity with Community law, in particular as regards the environment, should contribute to the reinforcement of the internal market and have a stimulating effect on the competitiveness of and growth in the Community.

| (14) | Community financial aid under the budget for the trans-European networks should, in addition to focusing on the projects or parts of projects presenting the greatest European added value, be such as to encourage the players to accelerate the implementation of the priority projects under Decisions Nos 1692/96/EC and 1364/2006/EC. It should also make it possible to finance the other European infrastructure projects of common interest defined in those Decisions. |
| --- | --- |

(14)

Community financial aid under the budget for the trans-European networks should, in addition to focusing on the projects or parts of projects presenting the greatest European added value, be such as to encourage the players to accelerate the implementation of the priority projects under Decisions Nos 1692/96/EC and 1364/2006/EC. It should also make it possible to finance the other European infrastructure projects of common interest defined in those Decisions.

| (15) | Community financial aid is granted with the aim of developing investment projects in TEN-T and TEN-E, of providing firm financial commitments, of mobilising institutional investors and of prompting the formation of financing partnerships between the public and private sectors. In the energy sector, the financial assistance is mainly intended to help to overcome the financial obstacles which can arise at the time of project preparation and pre-construction development, and should be concentrated on the cross-border sections of priority projects and on interconnections with neighbouring countries. |
| --- | --- |

(15)

Community financial aid is granted with the aim of developing investment projects in TEN-T and TEN-E, of providing firm financial commitments, of mobilising institutional investors and of prompting the formation of financing partnerships between the public and private sectors. In the energy sector, the financial assistance is mainly intended to help to overcome the financial obstacles which can arise at the time of project preparation and pre-construction development, and should be concentrated on the cross-border sections of priority projects and on interconnections with neighbouring countries.

| (16) | In its Communication to the European Parliament and the Council of 4 July 2005 on the deployment of the European rail signalling system ERTMS/ETCS, the Commission emphasised the importance of rapid and coordinated migration to that system in order to ensure the interoperability of the TEN-T. To this end, targeted and temporary Community support is needed, both for track-side equipment and for onboard equipment. |
| --- | --- |

(16)

In its Communication to the European Parliament and the Council of 4 July 2005 on the deployment of the European rail signalling system ERTMS/ETCS, the Commission emphasised the importance of rapid and coordinated migration to that system in order to ensure the interoperability of the TEN-T. To this end, targeted and temporary Community support is needed, both for track-side equipment and for onboard equipment.

| (17) | For certain projects, the Member States concerned may be represented by international organisations. For certain projects, the Commission may entrust implementation to joint undertakings within the meaning of Article 171 of the Treaty. These special situations necessitate extending the concept of beneficiary of the Community financial contribution for the purposes of this Regulation. |
| --- | --- |

(17)

For certain projects, the Member States concerned may be represented by international organisations. For certain projects, the Commission may entrust implementation to joint undertakings within the meaning of Article 171 of the Treaty. These special situations necessitate extending the concept of beneficiary of the Community financial contribution for the purposes of this Regulation.

| (18) | To respond to the specific requirements of each project and to increase the efficiency and value of the Community financial aid, this aid may take several forms: grants for studies and works, grants for availability payments, interest rate rebates, loan guarantees or participation in risk capital funds. Regardless of its form, the Community financial aid should be granted in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) and its implementing rules, except where this Regulation explicitly departs from those rules. The issuance of loan guarantees and participation in risk capital funds should be based on market principles and aim at self-financing in the longer term. |
| --- | --- |

(18)

To respond to the specific requirements of each project and to increase the efficiency and value of the Community financial aid, this aid may take several forms: grants for studies and works, grants for availability payments, interest rate rebates, loan guarantees or participation in risk capital funds. Regardless of its form, the Community financial aid should be granted in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) and its implementing rules, except where this Regulation explicitly departs from those rules. The issuance of loan guarantees and participation in risk capital funds should be based on market principles and aim at self-financing in the longer term.

| (19) | For the implementation of Community financial support for large-scale projects phased over several years, it is advisable to allow a commitment from the Community on a multiannual basis, differentiating by project financed and by commitment appropriations authorised annually. Only firm, attractive financial commitments binding on the Community over the long term will make it possible to reduce the uncertainties connected with the completion of these projects and to mobilise both public and private investors. The projects included in the multiannual programme represent the highest priorities in the development of TEN-T as referred to in Decision No 1692/96/EC and require continuing Community action to ensure their smooth and efficient completion. |
| --- | --- |

(19)

For the implementation of Community financial support for large-scale projects phased over several years, it is advisable to allow a commitment from the Community on a multiannual basis, differentiating by project financed and by commitment appropriations authorised annually. Only firm, attractive financial commitments binding on the Community over the long term will make it possible to reduce the uncertainties connected with the completion of these projects and to mobilise both public and private investors. The projects included in the multiannual programme represent the highest priorities in the development of TEN-T as referred to in Decision No 1692/96/EC and require continuing Community action to ensure their smooth and efficient completion.

| (20) | It is appropriate to encourage public-private forms of financing, whether institutional or contractual, which have proved to be effective, by means of legal guarantees which are compatible with competition law and the internal market, and to disseminate good practice among the Member States. |
| --- | --- |

(20)

It is appropriate to encourage public-private forms of financing, whether institutional or contractual, which have proved to be effective, by means of legal guarantees which are compatible with competition law and the internal market, and to disseminate good practice among the Member States.

| (21) | Close attention should be paid to the effective coordination of all Community measures having an impact on the trans-European networks, in particular financing from the Structural Funds and from the Cohesion Fund and the operations of the European Investment Bank (hereinafter referred to as the EIB). |
| --- | --- |

(21)

Close attention should be paid to the effective coordination of all Community measures having an impact on the trans-European networks, in particular financing from the Structural Funds and from the Cohesion Fund and the operations of the European Investment Bank (hereinafter referred to as the EIB).

| (22) | This Regulation lays down, for the entire duration of its implementation, a financial envelope constituting the prime reference amount, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (8), for the budgetary authority during the annual budgetary procedure. |
| --- | --- |

(22)

This Regulation lays down, for the entire duration of its implementation, a financial envelope constituting the prime reference amount, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (8), for the budgetary authority during the annual budgetary procedure.

| (23) | 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 (9). |
| --- | --- |

(23)

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 (9).

| (24) | In the light of developments in each component of TEN-T and TEN-E and of their intrinsic characteristics, and with a view to more effective management, it is advisable to provide for several separate Regulations for the fields covered to date by Regulation (EC) No 2236/95. |
| --- | --- |

(24)

In the light of developments in each component of TEN-T and TEN-E and of their intrinsic characteristics, and with a view to more effective management, it is advisable to provide for several separate Regulations for the fields covered to date by Regulation (EC) No 2236/95.

| (25) | By means of this Regulation, general rules should be laid down for the granting of Community financial aid in the field of the TEN-T and TEN-E in accordance with Community law and policies concerning, in particular, competition, environmental protection, health, sustainable development, public procurement and the effective implementation of the Community policies on interoperability. |
| --- | --- |

(25)

By means of this Regulation, general rules should be laid down for the granting of Community financial aid in the field of the TEN-T and TEN-E in accordance with Community law and policies concerning, in particular, competition, environmental protection, health, sustainable development, public procurement and the effective implementation of the Community policies on interoperability.

| (26) | Since the objective of this Regulation, namely the implementation of TEN-T and TEN-E, cannot be sufficiently achieved by the Member States, and can, by reason of the need for coordination of national measures, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective, |
| --- | --- |

(26)

Since the objective of this Regulation, namely the implementation of TEN-T and TEN-E, cannot be sufficiently achieved by the Member States, and can, by reason of the need for coordination of national measures, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective,

HAVE ADOPTED THIS REGULATION

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation defines the conditions, methods and procedures for granting Community financial aid to projects of common interest in the field of the trans-European transport and energy networks under Article 155(1) of the Treaty.

Article 2

Definitions

For the purposes of this Regulation:

| 1. | ‘project of common interest’ means a project or a part of a project identified as being of common interest for the Community in the field of transport in the framework of Decision No 1692/96/EC or in the field of energy in the framework of Decision No 1364/2006/EC; |
| --- | --- |

1.

‘project of common interest’ means a project or a part of a project identified as being of common interest for the Community in the field of transport in the framework of Decision No 1692/96/EC or in the field of energy in the framework of Decision No 1364/2006/EC;

| 2. | ‘priority project’ in the field of transport means a project of common interest located on an axis, or any other project, listed in Annex III to Decision No 1692/96/EC or in the field of energy a project of common interest considered to be a priority for the Community in the framework of Decision No 1364/2006/EC; |
| --- | --- |

2.

‘priority project’ in the field of transport means a project of common interest located on an axis, or any other project, listed in Annex III to Decision No 1692/96/EC or in the field of energy a project of common interest considered to be a priority for the Community in the framework of Decision No 1364/2006/EC;

| 3. | ‘project of European interest’ in the field of energy means a mature project located on a priority axis referred to in Decision No 1364/2006/EC and which is of a cross-border nature or which has a significant impact on cross-border transmission capacity; |
| --- | --- |

3.

‘project of European interest’ in the field of energy means a mature project located on a priority axis referred to in Decision No 1364/2006/EC and which is of a cross-border nature or which has a significant impact on cross-border transmission capacity;

| 4. | ‘part of a project’ means any activity that is independent financially, technically or over time and which contributes to the completion of a project; |
| --- | --- |

4.

‘part of a project’ means any activity that is independent financially, technically or over time and which contributes to the completion of a project;

| 5. | ‘cross-border section’ means the cross-border sections referred to in Article 19b of Decision No 1692/96/EC and cross-border sections which ensure, via a third country, the continuity of a priority project between two Member States; |
| --- | --- |

5.

‘cross-border section’ means the cross-border sections referred to in Article 19b of Decision No 1692/96/EC and cross-border sections which ensure, via a third country, the continuity of a priority project between two Member States;

| 6. | ‘bottleneck’ in the field of transport means obstacles to speed and/or capacity which make it impossible to guarantee the continuity of transport flows; |
| --- | --- |

6.

‘bottleneck’ in the field of transport means obstacles to speed and/or capacity which make it impossible to guarantee the continuity of transport flows;

| 7. | ‘beneficiary’ means one or more Member States, international organisations or joint undertakings, within the meaning of Article 171 of the Treaty, or public or private undertakings or bodies having complete responsibility for a project and proposing to invest their own resources or funds provided by third parties with a view to carrying out a project; |
| --- | --- |

7.

‘beneficiary’ means one or more Member States, international organisations or joint undertakings, within the meaning of Article 171 of the Treaty, or public or private undertakings or bodies having complete responsibility for a project and proposing to invest their own resources or funds provided by third parties with a view to carrying out a project;

| 8. | ‘studies’ means activities needed to prepare project implementation, including preparatory, feasibility, evaluation and validation studies, and any other technical support measure, including prior action to define and develop a project fully and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package; |
| --- | --- |

8.

‘studies’ means activities needed to prepare project implementation, including preparatory, feasibility, evaluation and validation studies, and any other technical support measure, including prior action to define and develop a project fully and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;

| 9. | ‘works’ means the purchase, supply and deployment of components, systems and services, the carrying out of construction and installation works relating to a project, the acceptance of installations and the launching of a project; |
| --- | --- |

9.

‘works’ means the purchase, supply and deployment of components, systems and services, the carrying out of construction and installation works relating to a project, the acceptance of installations and the launching of a project;

| 10. | ‘project cost’ means the total cost borne by a beneficiary of studies or works directly related to and necessary for carrying out a project; |
| --- | --- |

10.

‘project cost’ means the total cost borne by a beneficiary of studies or works directly related to and necessary for carrying out a project;

| 11. | ‘eligible cost’ means the part of the project cost taken into consideration by the Commission for the calculation of Community financial aid; |
| --- | --- |

11.

‘eligible cost’ means the part of the project cost taken into consideration by the Commission for the calculation of Community financial aid;

| 12. | ‘loan guarantee instrument’ means a guarantee issued by the EIB in favour of a stand-by liquidity facility provided to projects of common interest in the field of transport. It covers the debt service risks due to demand shortfalls and the resulting unforeseen loss of revenue during the initial operating period of the project. The loan guarantee instrument is used only for projects whose financial viability is based, in whole or in part, on revenues, tolls or other income paid by or on behalf of the users or beneficiaries; |
| --- | --- |

12.

‘loan guarantee instrument’ means a guarantee issued by the EIB in favour of a stand-by liquidity facility provided to projects of common interest in the field of transport. It covers the debt service risks due to demand shortfalls and the resulting unforeseen loss of revenue during the initial operating period of the project. The loan guarantee instrument is used only for projects whose financial viability is based, in whole or in part, on revenues, tolls or other income paid by or on behalf of the users or beneficiaries;

| 13. | ‘availability payment schemes’ means financing schemes for infrastructure projects, built and operated by a private investor who receives periodic payments after the construction phase for the infrastructure service provided. The payment level depends on the degree of attainment of the contractually-agreed performance levels. Availability payments are made throughout the duration of a contract between the authority awarding the contract and the project promoter and serve to cover the construction, financing, maintenance and operational costs. |
| --- | --- |

13.

‘availability payment schemes’ means financing schemes for infrastructure projects, built and operated by a private investor who receives periodic payments after the construction phase for the infrastructure service provided. The payment level depends on the degree of attainment of the contractually-agreed performance levels. Availability payments are made throughout the duration of a contract between the authority awarding the contract and the project promoter and serve to cover the construction, financing, maintenance and operational costs.

CHAPTER II

ELIGIBLE PROJECTS, FORMS AND METHODS OF FINANCIAL AID, COMBINATION OF FINANCING

Article 3

Eligibility of projects and applications for Community financial aid

1.   Only projects of common interest shall be eligible to receive Community financial aid under this Regulation.

The eligibility of applications for Community financial aid for such projects is conditional on compliance with Community law.

2.   In the field of transport only, eligibility shall also be subject to a commitment by the applicant for Community financial aid and, where appropriate, by the Member States concerned, to make a financial contribution to the project submitted, mobilising private funds if necessary.

3.   Transport-related projects involving a cross-border section or a part of such a section shall be eligible to receive Community financial aid if there is a written agreement between the Member States concerned or between the Member States and third countries concerned relating to the completion of the cross-border section. Exceptionally, when a project is necessary to link to the network of a neighbouring Member State or a third country but does not actually cross the border, the written agreement referred to above shall not be required.

Article 4

Submission of applications for Community financial aid

Applications for Community financial aid shall be submitted to the Commission by one or more Member States or, with the agreement of the Member States concerned, by international organisations, joint undertakings, or public or private undertakings or bodies.

The methods for submitting applications for financial aid shall be established in accordance with Article 9(1).

Article 5

Selection of projects

1.   Projects of common interest shall be awarded Community financial aid in relation to their contribution to the objectives and priorities defined in the framework of Decisions No 1692/96/EC and No 1364/2006/EC.

2.   In the field of transport, special attention shall be given to the following projects:

| (a) | priority projects; |
| --- | --- |

(a)

priority projects;

| (b) | projects to eliminate bottlenecks, in particular in the framework of priority projects; |
| --- | --- |

(b)

projects to eliminate bottlenecks, in particular in the framework of priority projects;

| (c) | projects submitted or supported jointly by at least two Member States, in particular those involving cross-border sections; |
| --- | --- |

(c)

projects submitted or supported jointly by at least two Member States, in particular those involving cross-border sections;

| (d) | projects contributing to the continuity of the network and the optimisation of its capacity; |
| --- | --- |

(d)

projects contributing to the continuity of the network and the optimisation of its capacity;

| (e) | projects contributing to the improvement of the quality of service offered on TEN-T and which promote, inter alia through action relating to infrastructure, the safety and security of users and ensure interoperability between national networks; |
| --- | --- |

(e)

projects contributing to the improvement of the quality of service offered on TEN-T and which promote, inter alia through action relating to infrastructure, the safety and security of users and ensure interoperability between national networks;

| (f) | projects relating to the development and deployment of traffic management systems in rail, road, air, maritime, inland waterway and coastal transport which ensure interoperability between national networks; |
| --- | --- |

(f)

projects relating to the development and deployment of traffic management systems in rail, road, air, maritime, inland waterway and coastal transport which ensure interoperability between national networks;

| (g) | projects contributing to the completion of the internal market; and |
| --- | --- |

(g)

projects contributing to the completion of the internal market; and

| (h) | projects contributing to the re-balancing of transport modes in favour of the most environmentally-friendly ones, such as inland waterways. |
| --- | --- |

(h)

projects contributing to the re-balancing of transport modes in favour of the most environmentally-friendly ones, such as inland waterways.

3.   In the field of energy, particular attention shall be given to projects of European interest that contribute to:

| (a) | the development of the network so as to strengthen economic and social cohesion by reducing the isolation of the less-favoured and island regions of the Community; |
| --- | --- |

(a)

the development of the network so as to strengthen economic and social cohesion by reducing the isolation of the less-favoured and island regions of the Community;

| (b) | the optimisation of the capacity of the network and the completion of the internal energy market, in particular projects concerning cross-border sections; |
| --- | --- |

(b)

the optimisation of the capacity of the network and the completion of the internal energy market, in particular projects concerning cross-border sections;

| (c) | the security of energy supply, diversification of sources of energy supplies and, in particular, interconnections with third countries; |
| --- | --- |

(c)

the security of energy supply, diversification of sources of energy supplies and, in particular, interconnections with third countries;

| (d) | the connection of renewable energy resources; and |
| --- | --- |

(d)

the connection of renewable energy resources; and

| (e) | the safety, reliability and interoperability of interconnected networks. |
| --- | --- |

(e)

the safety, reliability and interoperability of interconnected networks.

4.   A decision to grant Community financial aid shall take into account, inter alia:

| (a) | the maturity of the project; |
| --- | --- |

(a)

the maturity of the project;

| (b) | the stimulating effect of Community intervention on public and private funding; |
| --- | --- |

(b)

the stimulating effect of Community intervention on public and private funding;

| (c) | the soundness of the financial package; |
| --- | --- |

(c)

the soundness of the financial package;

| (d) | socio-economic effects; |
| --- | --- |

(d)

socio-economic effects;

| (e) | environmental consequences; |
| --- | --- |

(e)

environmental consequences;

| (f) | the need to overcome financial obstacles; and |
| --- | --- |

(f)

the need to overcome financial obstacles; and

| (g) | the complexity of the project, for example that which arises from the need to cross a natural barrier. |
| --- | --- |

(g)

the complexity of the project, for example that which arises from the need to cross a natural barrier.

Article 6

Forms and methods of Community financial aid

1.   Community financial aid for projects of common interest can take one or more of the following forms:

| (a) | grants for studies or works; |
| --- | --- |

(a)

grants for studies or works;

| (b) | in the field of transport, grants for works in the framework of availability payment schemes; |
| --- | --- |

(b)

in the field of transport, grants for works in the framework of availability payment schemes;

| (c) | interest rate rebates on loans given by the EIB or other public or private financial institutions; |
| --- | --- |

(c)

interest rate rebates on loans given by the EIB or other public or private financial institutions;

| (d) | a financial contribution to the provisioning and capital allocation for guarantees to be issued by the EIB on its own resources under the loan guarantee instrument. The duration of such guarantees may not exceed five years after the date the project goes into operation. Exceptionally, in duly justified cases, a guarantee may be granted for up to seven years. The contribution from the general budget of the European Union to the loan guarantee instrument may not exceed EUR 500 million. The EIB shall contribute an equal amount. The Community exposure to the loan guarantee instrument, including management fees and other eligible costs, shall be limited to the amount of the Community contribution to the loan guarantee instrument and there shall be no further liability on the general budget of the European Union. The residual risk inherent in all operations shall be borne by the EIB. The main terms, conditions and procedures of the loan guarantee instrument are laid down in the Annex; |
| --- | --- |

(d)

a financial contribution to the provisioning and capital allocation for guarantees to be issued by the EIB on its own resources under the loan guarantee instrument. The duration of such guarantees may not exceed five years after the date the project goes into operation. Exceptionally, in duly justified cases, a guarantee may be granted for up to seven years. The contribution from the general budget of the European Union to the loan guarantee instrument may not exceed EUR 500 million. The EIB shall contribute an equal amount. The Community exposure to the loan guarantee instrument, including management fees and other eligible costs, shall be limited to the amount of the Community contribution to the loan guarantee instrument and there shall be no further liability on the general budget of the European Union. The residual risk inherent in all operations shall be borne by the EIB. The main terms, conditions and procedures of the loan guarantee instrument are laid down in the Annex;

| (e) | risk capital participation for investment funds or comparable financial undertakings with a priority focus on providing risk capital for trans-European network projects and involving substantial private sector investment; such risk-capital participation shall not exceed 1 % of the budgetary resources set out in Article 18; |
| --- | --- |

(e)

risk capital participation for investment funds or comparable financial undertakings with a priority focus on providing risk capital for trans-European network projects and involving substantial private sector investment; such risk-capital participation shall not exceed 1 % of the budgetary resources set out in Article 18;

| (f) | a financial contribution to the project-related activities of joint undertakings. |
| --- | --- |

(f)

a financial contribution to the project-related activities of joint undertakings.

2.   The amount of Community financial aid granted in the forms referred to in paragraph 1(a), (b), (c) and (f) shall take account of the criteria laid down in Article 5 and shall not exceed the following rates:

| (a) | studies: 50 % of the eligible cost, irrespective of the project of common interest concerned; |
| --- | --- |

(a)

studies: 50 % of the eligible cost, irrespective of the project of common interest concerned;

| (b) | works:






  (i) | priority projects in the field of transport:






  — | a maximum of 20 % of the eligible cost; |
| --- | --- | --- | --- |

(b)

works:

(i)

priority projects in the field of transport:

—

a maximum of 20 % of the eligible cost;

| — | a maximum of 30 % of the eligible cost for cross-border sections, provided that the Member States concerned have given the Commission all necessary guarantees regarding the financial viability of the project and the timetable for carrying it out; |
| --- | --- |

—

a maximum of 30 % of the eligible cost for cross-border sections, provided that the Member States concerned have given the Commission all necessary guarantees regarding the financial viability of the project and the timetable for carrying it out;

| (ii) | projects in the field of energy: a maximum of 10 % of the eligible cost; |
| --- | --- |

(ii)

projects in the field of energy: a maximum of 10 % of the eligible cost;

| (iii) | projects in the field of transport other than priority projects: a maximum of 10 % of the eligible cost; |
| --- | --- |

(iii)

projects in the field of transport other than priority projects: a maximum of 10 % of the eligible cost;

| (c) | the European Rail Traffic Management System (ERTMS):






  (i) | track-side equipment: a maximum of 50 % of the eligible cost of studies and works; |
| --- | --- | --- |

(c)

the European Rail Traffic Management System (ERTMS):

(i)

track-side equipment: a maximum of 50 % of the eligible cost of studies and works;

| (ii) | on-board equipment:






  — | a maximum of 50 % of the eligible cost of developing and making prototypes for the installation of ERTMS on existing rolling stock, provided that the prototype is certified in at least two Member States; |
| --- | --- | --- |

(ii)

on-board equipment:

—

a maximum of 50 % of the eligible cost of developing and making prototypes for the installation of ERTMS on existing rolling stock, provided that the prototype is certified in at least two Member States;

| — | a maximum of 50 % of the eligible cost of series equipment for the installation of ERTMS on rolling stock; however, the Commission shall set in the framework of the multiannual programme a maximum amount of aid per traction unit; |
| --- | --- |

—

a maximum of 50 % of the eligible cost of series equipment for the installation of ERTMS on rolling stock; however, the Commission shall set in the framework of the multiannual programme a maximum amount of aid per traction unit;

| (d) | road, air, inland waterway, maritime traffic and coastal traffic management systems: a maximum of 20 % of the eligible cost of works. |
| --- | --- |

(d)

road, air, inland waterway, maritime traffic and coastal traffic management systems: a maximum of 20 % of the eligible cost of works.

3.   Acting in accordance with the procedure referred to in Article 15(2), the Commission shall adopt implementation measures for the instruments referred to in paragraph 1(c) and (e) of this Article.

Article 7

Other financial aid and instruments

1.   EIB operations shall be compatible with the granting of financial aid under this Regulation.

2.   The Commission shall coordinate and ensure the coherence of projects co-financed in the framework of this Regulation with related actions benefiting from other Community contributions and financial instruments as well as EIB operations.

CHAPTER III

PROGRAMMING, IMPLEMENTATION AND CONTROL

Article 8

Multiannual and annual work programmes

1.   Acting in accordance with the procedure referred to in Article 15(2), the Commission shall apply the criteria laid down in Article 5 and the objectives and priorities defined in the framework of Decisions No 1692/96/EC and No 1364/2006/EC when establishing multiannual and annual work programmes.

2.   A multiannual work programme in the field of transport shall apply to priority projects and to road, air, rail, inland waterway and coastal and maritime traffic management systems. The amount of the financial envelope shall lie within a range of 80 % — 85 % of the budgetary resources referred to in Article 18 reserved for transport.

3.   The annual work programme in the field of transport shall apply the criteria for the granting of financial aid to projects of common interest not included in the multiannual programme.

4.   The annual work programme in the field of energy shall apply the criteria for the granting of financial aid to projects of common interest.

5.   The multiannual work programme shall be reviewed at least at mid-term and, if necessary, revised in accordance with the procedure referred to in Article 15(2).

Article 9

Granting of Community financial aid

1.   Following every call for proposals based on the multiannual or annual work programmes referred to in Article 8(1), the Commission, acting in accordance with the procedure referred to in Article 15(2), shall decide on the amount of financial aid to be granted to the projects or parts of projects selected. The Commission shall specify the conditions and methods for their implementation.

2.   The beneficiaries and the Member States concerned shall be informed by the Commission of any financial aid to be granted.

Article 10

Financial provisions

1.   Budgetary commitments may be divided into annual instalments. Each year the Commission shall commit the annual instalments taking into account the state of progress of the projects or project phases receiving financial aid, the estimated needs and the budget available.

The indicative timetable for the commitment of the individual annual instalments shall be communicated to the beneficiaries and the Member States concerned.

2.   Community aid may cover only project-related expenditure incurred by the beneficiaries or by third parties responsible for the implementation of a project.

Expenditure shall be eligible from the date on which an application for aid is lodged. Expenditure resulting from projects included in the multiannual programme may be eligible as from 1 January of the current year, starting from 1 January 2007.

VAT shall not be an eligible cost, except for non-refundable VAT.

3.   Payments shall be made in the form of pre-financing, where appropriate divided into several payment instalments, intermediate payments and payment of the balance.

The payment methods shall be defined in such a way as to take into account in particular the multiannual implementation of infrastructure projects.

The pre-financing, or where appropriate the first instalment thereof, shall be paid when the financial aid is granted.

Any intermediate payments shall be made on the basis of payment applications, subject to compliance with Article 13.

Payment of the balance shall be made after acceptance of the final report concerning the project submitted by the beneficiary and certified by the Member States concerned. The final report shall detail in particular all the expenditure actually incurred.

4.   In the case of availability payment schemes, the first pre-financing payment shall be made within a period of up to three years following the granting of Community financial aid upon certification by the Member States of the start of the project and upon submission of the respective public-private partnership contract. Further pre-financing payments may be made upon certification by the Member States of the progress of the project.

Payment of the balance shall be made after the start of the operational phase of the project upon verification that the infrastructure has been delivered, certification by the Member States that the expenses claimed have actually been incurred and proof of a total amount of availability payments equalling the amount of the Community financial aid.

Where no payment of the availability payment is due because of a failure to deliver the infrastructure, the Commission shall recover the pre-financing payments it has made.

Article 11

Member States responsibilities

1.   Within the sphere of their responsibility, the Member States shall make every effort to implement the projects of common interest which receive Community financial aid granted under this Regulation.

2.   The Member States shall undertake the technical monitoring and financial control of projects in close cooperation with the Commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects. The Member States may request the participation of the Commission during on-the-spot checks.

3.   The Member States shall inform the Commission of the measures taken under paragraph 2 and, in particular, shall supply a description of the control, management and monitoring systems set up to ensure that projects are successfully completed.

Article 12

Compatibility with Community law and Community policies

Projects financed under this Regulation shall be carried out in conformity with Community law and shall take into account any relevant Community policies, in particular those relating to competition, the protection of the environment, health, sustainable development, public procurement and interoperability.

Article 13

Cancellation, reduction, suspension and discontinuance of aid

1.   After appropriate examination and after having informed the beneficiaries and Member States concerned in order that they may present their observations within a given time, the Commission:

| (a) | shall cancel, except in duly justified cases, financial aid granted for projects or parts of projects which have not been started in the two years following the start date of the project established in the conditions governing the granting of aid; |
| --- | --- |

(a)

shall cancel, except in duly justified cases, financial aid granted for projects or parts of projects which have not been started in the two years following the start date of the project established in the conditions governing the granting of aid;

| (b) | may suspend, reduce or discontinue the financial aid:






  (i) | in the event of an irregularity committed in the implementation of the project or part of a project with regard to the provisions of Community law; and |
| --- | --- | --- |

(b)

may suspend, reduce or discontinue the financial aid:

(i)

in the event of an irregularity committed in the implementation of the project or part of a project with regard to the provisions of Community law; and

| (ii) | in the event of failure to comply with the conditions governing the financial aid, in particular if a major change affecting the nature of a project or procedures for implementation has been made without the approval of the Commission; |
| --- | --- |

(ii)

in the event of failure to comply with the conditions governing the financial aid, in particular if a major change affecting the nature of a project or procedures for implementation has been made without the approval of the Commission;

| (c) | may, taking account of all relevant factors, request the reimbursement of the financial aid granted if, within four years of the finishing date established in the conditions governing the granting of aid, the implementation of the project or part of a project receiving the financial aid has not been completed. |
| --- | --- |

(c)

may, taking account of all relevant factors, request the reimbursement of the financial aid granted if, within four years of the finishing date established in the conditions governing the granting of aid, the implementation of the project or part of a project receiving the financial aid has not been completed.

2.   The Commission may recover all or part of the sums already paid:

| (a) | where this is necessary, notably following cancellation, discontinuation or reduction of the financial aid or a request for reimbursement of financial aid; or |
| --- | --- |

(a)

where this is necessary, notably following cancellation, discontinuation or reduction of the financial aid or a request for reimbursement of financial aid; or

| (b) | in the event of cumulation of Community aid for a part of a project. |
| --- | --- |

(b)

in the event of cumulation of Community aid for a part of a project.

Article 14

Protection of the Community's financial interests

1.   The European Anti-Fraud Office (OLAF) may undertake on-the-spot site controls and checks in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (10).

2.   The conditions governing the granting of Community financial aid may, in particular, provide for monitoring and financial checks to be undertaken by the Commission or any representative authorised by it, and for audits to be undertaken by the Court of Auditors, where appropriate on the spot.

3.   The Member State concerned and the Commission shall immediately exchange all relevant information concerning the results of the checks undertaken.

CHAPTER IV

FINAL PROVISIONS

Article 15

Committee procedure

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   The Committee shall adopt its rules of procedure.

4.   The EIB shall designate a representative to the committee who shall not take part in the voting.

Article 16

Evaluation

1.   The Commission and the Member States, assisted by the beneficiaries, may undertake an evaluation of the methods of carrying out projects as well as the impact of their implementation, in order to assess whether the objectives, including those relating to environmental protection, have been attained.

2.   The Commission may request a beneficiary Member State to provide a specific evaluation of projects financed under this Regulation or, where appropriate, to supply it with the information and assistance required to undertake an evaluation of such projects.

Article 17

Information and publicity

1.   Every two years the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the activities undertaken under this Regulation. The report shall contain an evaluation of the results achieved with Community financial aid in the different fields of application with regard to the original objectives, as well as a chapter on the substance and implementation of the current multiannual programme. The report shall also contain information on the sources of funding for each project.

2.   The Member States concerned and, where appropriate, beneficiaries shall ensure that suitable publicity is given to aid granted under this Regulation in order to inform the public of the role of the Community in the implementation of the projects.

Article 18

Budgetary resources

1.   The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be EUR 8 168 000 000, of which EUR 8 013 000 000 shall be for TEN-T and EUR 155 000 000 shall be for TEN-E.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework.

Article 19

Revision clause

Before the end of 2010, the Commission shall submit to the European Parliament and to the Council a general report on the experience gained with the mechanisms provided for by this Regulation for the granting of Community financial aid.

Acting in accordance with the procedure provided for in the first subparagraph of Article 156 of the Treaty, the European Parliament and the Council shall decide if, and under what conditions, the mechanisms provided for by this Regulation are to be maintained or amended beyond the period referred to in Article 18 of this Regulation.

Article 20

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2007.

Actions underway in the field of transport and energy on the date of application of this Regulation shall continue to be subject to Regulation (EC) No 2236/95 in the version in force on 31 December 2006.

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

Done at Brussels,

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 234, 22.9.2005, p. 69.

1

(2)  Opinion of the European Parliament of 26 October 2005 (OJ C 272 E, 9.11.2006, p. 405), Council Common Position of 22 March 2007 and Position of the European Parliament of ... (not yet published in the Official Journal).

2

(3)  OJ L 228, 9.9.1996. Decision as last amended by Council Regulation (EC) No 1791/2006/EC (OJ L 363, 20.12.2006, p. 1).

3

(4)  OJ C 124 E, 25.5.2006, p. 373.

4

(5)  Decision No 1364/2006/EC of the European Parliament and of the Council of 6 September 2006 laying down guidelines for trans-European energy networks (OJ L 262, 22.9.2006, p. 1).

5

(6)  OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 16).

6

(7)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

7

(8)  OJ C 139, 14.6.2006, p. 1.

8

(9)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

9

(10)  OJ L 292, 15.11.1996, p. 2.

10

---

ANNEX

MAIN TERMS, CONDITIONS AND PROCEDURES OF THE LOAN GUARANTEE INSTRUMENT REFERRED TO IN ARTICLE 6(1)(D)

The EIB shall be a risk-sharing partner and shall manage the Community contribution to the loan guarantee instrument on behalf of the Community. More detailed terms and conditions for implementing the loan guarantee instrument, including its monitoring and control, shall be laid down in a cooperation agreement between the Commission and the EIB, taking into account the provisions laid down in this Annex.

| LOAN GUARANTEE INSTRUMENT FOR TEN-TRANSPORT PROJECTS |
| --- |
| Community contribution | 1. | Without prejudice to the adjustment procedure from 2010 onwards as set out in paragraph 2, the contribution from the general budget of the EU to the loan guarantee instrument shall be made available to the EIB in accordance with the following schedule:






  2007 | EUR 10 million; |
| 2008 | EUR 35 million; |
| 2009 | EUR 60 million; |
| 2010 | EUR 80 million; |
| 2011 | EUR 105 million; |
| 2012 | EUR 110 million; |
| 2013 | EUR 100 million. |

LOAN GUARANTEE INSTRUMENT FOR TEN-TRANSPORT PROJECTS

Community contribution

1.

Without prejudice to the adjustment procedure from 2010 onwards as set out in paragraph 2, the contribution from the general budget of the EU to the loan guarantee instrument shall be made available to the EIB in accordance with the following schedule:

2007

EUR 10 million;

2008

EUR 35 million;

2009

EUR 60 million;

2010

EUR 80 million;

2011

EUR 105 million;

2012

EUR 110 million;

2013

EUR 100 million.

| 2. | In years 2007 to 2009 the Commission shall pay EIB the annual amounts as scheduled above. From 2010 onwards EIB shall request the transfer of sums up to the cumulated amount indicated in the schedule to the trust account. The request shall be issued by 31 December of the preceding year and shall be supported by a forecast of the need for the scheduled Community contribution. This forecast shall serve as the basis for a demand-based adjustment of the annual payments indicated above, which shall be decided in accordance with the procedure referred to in Article 15(2). |
| --- | --- |

2.

In years 2007 to 2009 the Commission shall pay EIB the annual amounts as scheduled above. From 2010 onwards EIB shall request the transfer of sums up to the cumulated amount indicated in the schedule to the trust account. The request shall be issued by 31 December of the preceding year and shall be supported by a forecast of the need for the scheduled Community contribution. This forecast shall serve as the basis for a demand-based adjustment of the annual payments indicated above, which shall be decided in accordance with the procedure referred to in Article 15(2).

Trust account

| 1. | The EIB shall set up a trust account to hold the Community contribution and revenues resulting from the Community contribution. |
| --- | --- |

1.

The EIB shall set up a trust account to hold the Community contribution and revenues resulting from the Community contribution.

| 2. | The interest earned on the trust account and other revenues resulting from the Community contribution, such as guarantee premiums, interest and risk margins on sums disbursed by the EIB, shall be added to the resources of the trust account, unless the Commission decides, in accordance with the procedure referred to in Article 15(2), that they are to be returned to the TEN-T budget line. |
| --- | --- |

2.

The interest earned on the trust account and other revenues resulting from the Community contribution, such as guarantee premiums, interest and risk margins on sums disbursed by the EIB, shall be added to the resources of the trust account, unless the Commission decides, in accordance with the procedure referred to in Article 15(2), that they are to be returned to the TEN-T budget line.

| 3. | Sums drawn for capital allocation shall be reimbursed to the trust account after the amounts disbursed by the EIB under the loan guarantee instrument are fully reimbursed. |
| --- | --- |

3.

Sums drawn for capital allocation shall be reimbursed to the trust account after the amounts disbursed by the EIB under the loan guarantee instrument are fully reimbursed.

Use of the Community contribution

The EIB shall use the Community contribution:

| — | to carry out, for each eligible project, the expected loss provisioning and capital allocation, in accordance with the relevant rules of the EIB and a risk assessment performed by the EIB under its applicable structured finance facility policy; |
| --- | --- |

—

to carry out, for each eligible project, the expected loss provisioning and capital allocation, in accordance with the relevant rules of the EIB and a risk assessment performed by the EIB under its applicable structured finance facility policy;

| — | to cover any non-project-related eligible cost associated with the establishment and administration of the loan guarantee instrument. These costs shall be defined in the management agreement between the Commission and the EIB. |
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to cover any non-project-related eligible cost associated with the establishment and administration of the loan guarantee instrument. These costs shall be defined in the management agreement between the Commission and the EIB.

Risk sharing

| 1. | The Community contribution shall be used by the EIB to carry out, for each eligible project, the expected loss provisioning and capital allocation. |
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1.

The Community contribution shall be used by the EIB to carry out, for each eligible project, the expected loss provisioning and capital allocation.

| 2. | The expected loss provisioning shall cover the expected loss of a project. The part of the Community contribution covering the statistically expected loss provisioning for each eligible operation shall be paid from the trust account to the EIB, thus covering a percentage of the risk. This percentage shall be variable and depend on the risk grading of the operation as well as its maturity. |
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2.

The expected loss provisioning shall cover the expected loss of a project. The part of the Community contribution covering the statistically expected loss provisioning for each eligible operation shall be paid from the trust account to the EIB, thus covering a percentage of the risk. This percentage shall be variable and depend on the risk grading of the operation as well as its maturity.

| 3. | The capital allocation shall cover the unexpected loss of a project. The part of the Community contribution corresponding to the capital allocation shall be earmarked in the trust account for each underlying operation. This amount may be claimed by the EIB in the event of the call of the guarantee issued by EIB under loan guarantee instrument, thus covering an additional percentage of its risk. |
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3.

The capital allocation shall cover the unexpected loss of a project. The part of the Community contribution corresponding to the capital allocation shall be earmarked in the trust account for each underlying operation. This amount may be claimed by the EIB in the event of the call of the guarantee issued by EIB under loan guarantee instrument, thus covering an additional percentage of its risk.

| 4. | The risk-sharing pattern resulting from the above mechanism shall be reflected in an appropriate sharing between the trust account and the EIB of the risk margin charged by the EIB to its counterpart under the underlying loan guarantee instrument operation. |
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4.

The risk-sharing pattern resulting from the above mechanism shall be reflected in an appropriate sharing between the trust account and the EIB of the risk margin charged by the EIB to its counterpart under the underlying loan guarantee instrument operation.

The EIB guarantee

| 1. | The loan guarantee instrument shall consist of an EIB guarantee for a stand-by liquidity facility to be provided to an eligible project in terms consistent with the loan guarantee instrument. |
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1.

The loan guarantee instrument shall consist of an EIB guarantee for a stand-by liquidity facility to be provided to an eligible project in terms consistent with the loan guarantee instrument.

| 2. | If the stand-by liquidity facility providers are entitled to call the EIB guarantee under the terms of the loan guarantee instrument, the EIB shall pay out all sums due to the stand-by liquidity facility providers and become creditor to the project. |
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2.

If the stand-by liquidity facility providers are entitled to call the EIB guarantee under the terms of the loan guarantee instrument, the EIB shall pay out all sums due to the stand-by liquidity facility providers and become creditor to the project.

| 3. | Once the EIB has become creditor to a project, the 'EIB's rights under the loan guarantee instrument shall rank behind the debt service of the senior credit facility and ahead of equity and related financings. |
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3.

Once the EIB has become creditor to a project, the 'EIB's rights under the loan guarantee instrument shall rank behind the debt service of the senior credit facility and ahead of equity and related financings.

| 4. | The stand-by liquidity facility should not exceed 20 % of the total amount of the senior debt committed at financial close. |
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4.

The stand-by liquidity facility should not exceed 20 % of the total amount of the senior debt committed at financial close.

Pricing

The pricing of guarantees under the loan guarantee instrument, based upon the risk margin and the coverage of all administrative project-related costs of the guarantee instrument, shall be determined in accordance with relevant usual rules and criteria of the EIB.

Application procedure

Applications for risk coverage under the loan guarantee instrument shall be addressed to the EIB in accordance with the EIB's standard application procedure.

Approval procedure

The EIB shall carry out risk, financial, technical and legal due diligence and shall decide the issuance of a guarantee under the loan guarantee instrument in accordance with its usual rules and criteria, including, inter alia, the quality of individual proposals, the creditworthiness of the borrowers, acceptable terms and conditions and market demand.

Duration of the loan guarantee instrument

| 1. | The Community contribution to the loan guarantee instrument shall be committed at latest by 31 December 2013. The actual approval of guarantees is to be finalised by 31 December 2014. |
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1.

The Community contribution to the loan guarantee instrument shall be committed at latest by 31 December 2013. The actual approval of guarantees is to be finalised by 31 December 2014.

| 2. | In the event of termination of the loan guarantee instrument during the current financial framework any balances on the trust account, other than funds committed and funds needed to cover other eligible costs and expenses, shall be returned to the TEN-T budget line. If the loan guarantee instrument is not extended into the next financial framework, any remaining funds shall be returned to the revenue side of the general budget of the EU. |
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2.

In the event of termination of the loan guarantee instrument during the current financial framework any balances on the trust account, other than funds committed and funds needed to cover other eligible costs and expenses, shall be returned to the TEN-T budget line. If the loan guarantee instrument is not extended into the next financial framework, any remaining funds shall be returned to the revenue side of the general budget of the EU.

| 3. | Funds allocated to the loan guarantee instrument may be called upon until the last guarantee expires or until the last subordinated debt has been reimbursed, whichever is earlier. |
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3.

Funds allocated to the loan guarantee instrument may be called upon until the last guarantee expires or until the last subordinated debt has been reimbursed, whichever is earlier.

Reporting

Annual reporting methods on the implementation of the loan guarantee instrument shall be agreed between the Commission and the EIB.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 20 July 2004 the Commission sent a proposal for a Regulation of the European Parliament and the Council laying down general rules for the granting of Community financial aid in the field of trans-European transport and energy networks and amending Council Regulation (EC) No 2236/95.

The European Parliament adopted its first reading opinion on 26 October 2005.

The European Economic and Social Committee delivered its opinion on 22 September 2005.

As the budgetary resources set out in the Commission initial proposal exceeded the amounts agreed in the financial framework 2007-2013 on TENs, the Commission gave a modified proposal on 24 May 2006 (COM(2006) 245 final). The modified proposal took into account the main amendments proposed by the EP in its first reading.

The Presidency negotiated informally with the European Parliament rapporteur in order to reach an agreement on a Common Position that could be accepted by the Parliament without amendments.

On 6 December 2006 The President of the Budgets Committee at the European Parliament, Mr LEWANDOWSKI, wrote a letter (16218/06) to the President of the Coreper, informing of the agreement of its committee on the Presidency compromise as set out in document 12777/2/06 REV 2. If the text of the Common Position is adopted accordingly, Mr LEWANDOWSKI informed of his intention to recommend the Plenary session of the Parliament to approve it without amendments.

On 11 December 2006 the Council reached a political agreement on the Presidency compromise as set out in document 12777/2/06/ REV 2. The Commission issued a declaration to be included in the minutes of the Council when the Common Position will be adopted.

II.   OBJECTIVE

This Regulation strengthens and adapts existing financial instruments through an increase in the level of Community co-financing by providing for the possibility of applying a higher Community co-financing rate, in particular for projects characterised by cross-border nature, their transit function, or by the crossing of natural barriers. The regulation should allow a better use of the existing networks, a removal of bottlenecks and the completion of missing links that will make possible to increase effectiveness and competitiveness and to guarantee an appropriate level of quality and reduction of saturation points and, therefore, better long-term viability.

III.   ANALYSIS OF THE COMMON POSITION

1.   General observations

The Common Position was agreed on the basis of informal tripartite negotiations, following a series of meetings between the Presidency in office, the rapporteur and the representatives of the Commission.

IV.   CONCLUSIONS

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives of the Commission's amended proposal and considers that a good compromise has been reached with the European Parliament in the course of the informal negotiations.

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