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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),
(1) Whereas the establishment and development of trans-European networks contribute to the attainment of major Community objectives, such as the smooth functioning of the internal market and the strengthening of economic and social cohesion;
(2) Whereas the establishment and development of trans-European transport networks throughout the territory of the Community also have the specific objectives of ensuring the sustainable mobility of persons and goods under the best possible social, environmental and safety conditions and integrating all modes of transport, taking account of their comparative advantages; whereas job creation is one of the possible spin-offs of the trans-European network;
(3) Whereas the Commission's White Paper on the development of a common transport policy calls for optimum use to be made of existing capacities and for the integration of all networks relating to the various modes of transport into a trans-European network for the road, rail, inland waterway, sea and air transport of passengers and goods and for combined transport;
(4) Whereas short distance shipping may, inter alia, help to relieve congestion on inland transport routes;
(5) Whereas network integration at European level can only be developed progressively by interlinking different modes of transport with a view to making better use of the inherent advantages of each;
(6) Whereas, in order to achieve these objectives, action by the Community to establish guidelines is necessary in accordance with the principle of subsidiarity; whereas it is necessary to establish the broad lines and the priorities of the Community action proposed in the field of trans-European transport networks;
(7) Whereas it is necessary to identify projects of common interest which contribute to the achievement of these objectives and which correspond to the priorities of the action which have thus been established; whereas only projects which are potentially economically viable should be taken into account;
(8) Whereas Member States need to take account of environmental protection when implementing projects of common interest by carrying out environmental impact studies pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5) and by applying Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (6);
(9) Whereas authorization for certain public and private projects likely to have a significant environmental impact should be granted only after prior assessment of that potential impact, in compliance with existing Community rules;
(10) Whereas it is necessary to identify projects of common interest concerning not only the various modes of transport in a multimodal approach but also traffic management and user information systems and positioning and navigation systems;
(11) Whereas one of the aims of this Decision is to identify such projects of common interest; whereas these projects are identified in Annex I, Annex II and in the enacting terms of this Decision; whereas the European Council in Essen attributed particular importance to fourteen of these projects;
(12) Whereas the Commission should submit every two years a report on the implementation of this Decision and every five years a report indicating whether the guidelines require revision;
(13) Whereas a Committee should be set up at the Commission with tasks which include assisting the Commission when it examines the implementation and development of these guidelines,
HAVE ADOPTED THIS DECISION:
SECTION 1 GENERAL PRINCIPLES
Article 1 Purpose
1. The purpose of this Decision shall be to establish the guidelines covering the objectives, priorities and broad lines of measures envisaged in the area of the trans-European transport network; these guidelines identify projects of common interest, the implementation of which should contribute to the development of the network throughout the Community.
2. The guidelines referred to in paragraph 1 shall constitute a general reference framework intended to encourage the Member States and, where appropriate, the Community in carrying out projects of common interest, the purpose of which is to ensure the cohesion, interconnection and interoperability of the trans-European transport network, as well as access to that network. These projects shall form a common objective, the implementation of which depends on their degree of maturity and the availability of financial resources, without prejudging the financial commitment of a Member State or the Community. These guidelines are also intended to facilitate the involvement of the private sector.
3. Essential requirements relating to:
- the interoperability of the trans-European transport network,
- transport telematics and ancillary services,
shall be defined in accordance with the Treaty and separately from this Decision.
Article 2 Objectives
1. The trans-European transport network shall be established gradually by 2010 by integrating land, sea and air transport infrastructure networks throughout the Community in accordance with the outline plans indicated on the maps in Annex I and/or the specifications in Annex II.
2. The network must:
(a) ensure the sustainable mobility of persons and goods within an area without internal frontiers under the best possible social and safety conditions, while helping to achieve the Community's objectives, particularly in regard to the environment and competition, and contribute to strengthening economic and social cohesion;
(b) offer users high-quality infrastructure on acceptable economic terms;
(c) include all modes of transport, taking account of their comparative advantages;
(d) allow the optimal use of existing capacities;
(e) be, insofar as possible, interoperable within modes of transport and encourage intermodality between the different modes of transport;
(f) be, insofar as possible, economically viable;
(g) cover the whole territory of the Member States of the Community so as to facilitate access in general, link island, landlocked and peripheral regions to the central regions and interlink without bottlenecks the major conurbations and regions of the Community;
(h) be capable of being connected to the networks of the European Free Trade Association (EFTA) States, the countries of Central and Eastern Europe and the Mediterranean countries, while at the same time promoting interoperability and access to these networks, insofar as this proves to be in the Community's interest.
Article 3 Scope of the network
1. The trans-European network shall comprise transport infrastructure, traffic management systems and positioning and navigation systems.
2. The transport infrastructure shall comprise road, rail and inland waterway networks, the seaports, and inland waterway ports and other interconnection points.
3. The traffic management systems and the positioning and navigation systems shall include the necessary technical installations and information and telecommunications systems to ensure harmonious operation of the network and efficient traffic management.
Article 4 Broad lines of measures
The broad lines of Community measures shall cover:
(a) the drawing up and revision of the network outline plans;
(b) the identification of projects of common interest;
(c) the adaptation of the existing network;
(d) the promotion of network interoperability;
(e) the optimum combination of modes of transport, inter alia, by creating interconnection centres, which in the case of freight should be located, insofar as possible, away from urban centres, in order to render possible the effective operation of intermodality;
(f) the pursuit of consistency and complementarity of financial aid in line with the rules applicable to each financial instrument;
(g) research and development;
(h) cooperation with third countries concerned by development of the network and the conclusion of suitable agreements with them;
(i) incentives for Member States and international organizations to further the objectives pursued by the Community;
(j) promotion of continuous cooperation between interested parties;
(k) any other measures which prove necessary for the achievement of the objectives referred to in Article 2.
Article 5 Priorities
The priorities, taking account of the objectives set out in Article 2, shall be:
(a) establishment and development of the connections, key links and interconnections needed to eliminate bottlenecks, fill in missing sections and complete major routes;
(b) establishment and development of infrastructure for access to the network, making it possible to link island, landlocked and peripheral regions with the central regions of the Community;
(c) the optimum combination and integration of the various modes of transport;
(d) integration of environmental concerns into the design and development of the network;
(e) gradual achievement of interoperability of network components;
(f) optimization of the capacity and efficiency of existing infrastructure;
(g) establishment of and improvement in interconnection points and intermodal platforms;
(h) improved safety and network reliability;
(i) the development and establishment of systems for the management and control of network traffic and user information with a view to optimizing use of the infrastructures;
(j) studies contributing to improved design and better implementation of the trans-European transport network.
Article 6 Third-country networks
Promotion by the Community of projects of common interest and network interconnection and interoperability in order to ensure the compatibility of third-country networks with the trans-European transport network shall be determined on a case-by-case basis in accordance with the appropriate procedures in the Treaty.
Article 7 Projects of common interest
1. In compliance with the rules of the Treaty, particularly as regards questions of competition, any project shall be considered to be of common interest which:
- pursues the objectives set out in Article 2,
- concerns the network described in Article 3,
- corresponds to one or more of the priorities set out in Article 5, and
- is potentially economically viable on the basis of analysis of the socio-economic costs and benefits.
2. Projects shall relate to an element of the network described in Articles 9 to 17 and shall in particular:
- relate to the routes identified on the maps in Annex I, and/or
- correspond to the specifications or criteria in Annex II.
3. Member States shall take any measures which they consider necessary within the framework of the principles laid down in Article 1 (2).
Article 8 Environmental protection
1. When projects are developed and carried out, environmental protection must be taken into account by the Member States through execution of environmental impact assessments of projects of common interest which are to be implemented, pursuant to Directive 85/337/EEC and through the application of Directive 92/43/EEC.
2. The Commission:
(a) will develop appropriate methods of analysis for strategically evaluating the environmental impact of the whole network;
(b) will develop appropriate methods of corridor analysis covering all relevant transport modes without prejudice to the definition of the corridors themselves. In the development of the corridor concept account should be taken of the need to link all Member States and regions into the trans-European transport network and in particular the need to link island, landlocked and peripheral regions with the central regions of the Union.
The result of this work shall, as and where appropriate, be taken into account by the Commission in its report on the guidelines provided for in Article 21 with a view to achieving the objectives set out in Article 2.
SECTION 2 ROAD NETWORK
Article 9 Characteristics
1. The trans-European road network shall comprise motorways and high-quality roads, whether existing, new or to be adapted, which:
- play an important role in long-distance traffic, or
- bypass the main urban centres on the routes identified by the network, or
- provide interconnection with other modes of transport, or
- link landlocked and peripheral regions to central regions of the Community.
2. The network shall guarantee users a high, uniform and continuous level of services, comfort and safety.
3. The network shall include infrastructure for traffic management and user information, based on active cooperation between traffic management systems at European, national and regional levels.
SECTION 3 RAIL NETWORK
Article 10 Characteristics
1. The rail network shall comprise the high-speed rail network and the conventional rail network.
2. The high-speed rail network shall comprise:
- specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h using current or new technology,
- specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,
- specially upgraded high speed lines which have special features as a result of topographical, relief or town planning constraints, on which the speed must be adapted to each case.
This network shall be defined by the lines indicated in Annex I as high-speed lines or lines adapted for high speed.
3. The conventional rail network shall comprise lines for conventional rail transport, including the rail segment of combined transport referred to in Article 14.
4. The network shall:
- play an important role in long-distance goods and passenger traffic,
- play an important role in the operation of long-distance combined transport,
- permit interconnection with the networks of other modes of transport and access to regional and local rail networks.
5. The network shall offer users a high level of quality and safety, owing to its continuity and to gradual implementation of its interoperability, brought about in particular by technical harmonization and a harmonized command and control system.
SECTION 4 INLAND WATERWAY NETWORK AND INLAND PORTS
Article 11 Characteristics
1. The trans-European inland waterway network shall comprise rivers and canals and various branches and links which connect them. It shall, in particular, render possible the interconnection between industrial regions and major conurbations and link them to ports.
2. The minimum technical characteristics for waterways forming part of the network shall be those laid down for a class IV waterway, which allows the passage of a vessel or a pushed train of craft 80 to 85 m long and 9,50 m wide. Where a waterway forming part of the network is modernized or constructed, the technical specifications should correspond at least to class IV, should enable class Va/Vb to be achieved at a later date and should make satisfactory provision for the passage of vessels used for combined transport. Class Va allows the passage of a vessel or a pushed train of craft 110 m long and 11,40 m wide and class Vb allows the passage of a pushed train of craft 172 to 185 m long and 11,40 m wide.
3. Inland ports shall form part of the network, in particular as points of interconnection between the waterways referred to in paragraph 2 and other modes of transport.
4. The network shall include the traffic management infrastructure.
SECTION 5 SEAPORTS
Article 12 Characteristics
Seaports shall permit the development of sea transport and shall constitute shipping links for islands and the points of interconnection between sea transport and other modes of transport. They shall provide equipment and services to transport operators. Their infrastructure shall provide a range of services for passenger and goods transport, including ferry services and short- and long-distance shipping services, including coastal shipping, within the Community and between the latter and third countries.
SECTION 6 AIRPORTS
Article 13 Characteristics
1. The trans-European airport network shall comprise airports situated within the territory of the Community which are open to commercial air traffic and which comply with the criteria set out in Annex II. These airports shall be classified differently according to the volume and type of traffic they handle and according to their function within the network. They shall permit the development of air links and the interconnection of air transport and other modes of transport.
2. The international connecting points and the Community connecting points shall constitute the core of the trans-European airport network. Links between the Community and the rest of the world shall be mainly via the international connecting points. The Community connecting points shall essentially provide links within the Community, with extra-Community services still accounting for a small proportion of their business. Regional connecting points and accessibility points shall facilitate access to the core of the network or help to open up peripheral and isolated regions.
SECTION 7 COMBINED TRANSPORT NETWORK
Article 14 Characteristics
1. The trans-European combined transport network shall comprise:
- railways and inland waterways which are suitable for combined transport and shipping which, combined where appropriate with initial and/or terminal road haulage, permit the long-distance transport of goods;
- installations permitting transhipment between railways, inland waterways, shipping routes and roads;
- suitable rolling stock, on a provisional basis, where the characteristics of the infrastructure, as yet unadapted, so require.
SECTION 8 SHIPPING MANAGEMENT AND INFORMATION NETWORK
Article 15 Characteristics
The trans-European shipping management and information network shall concern:
- coastal and port shipping management systems,
- vessel positioning systems,
- reporting systems for vessels transporting dangerous or polluting goods,
- communications systems for distress and safety at sea,
so as to guarantee a high level of safety and efficiency of shipping and environmental protection in shipping zones belonging to Community Member States.
SECTION 9 AIR TRAFFIC MANAGEMENT NETWORK
Article 16 Characteristics
The trans-European air traffic management network shall comprise the airspace reserved for general aviation, airways, air navigation aids, the traffic planning and management systems and the air traffic control system (control centres, surveillance and communications facilities) that are necessary for safe and efficient aviation in European airspace.
SECTION 10 POSITIONING AND NAVIGATION NETWORK
Article 17 Characteristics
The trans-European positioning and navigation systems network shall comprise the satellite positioning and navigation systems and the systems to be defined in the future European Radio Navigation Plan. These systems shall provide a reliable and efficient positioning and navigation service which can be used by all modes of transport.
SECTION 11 COMMON PROVISIONS
Article 18 Committee for the exchange of information and report
1. Member States shall regularly notify the Commission of the national plans and programmes which they have drawn up for the development of the trans-European transport network, in particular as regards the projects of common interest identified by this Decision.
2. A Committee on the Trans-European Transport Network, hereinafter called 'the Committee`, is hereby set up at the Commission; it shall be composed of representatives of the Member States and chaired by a representative of the Commission. The Committee shall exchange information on the plans and programmes notified by Member States and may consider any question relating to the development of the trans-European transport network.
3. The Commission shall report every two years to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation of the guidelines described in this Decision.
The Committee referred to in paragraph 2 shall assist the Commission in the preparation of its report.
Article 19 Specific projects
Annex III contains, by way of indication, the projects identified in Annexes I and II and in other provisions of this Decision to which the Essen European Council attributed particular importance.
Article 20 Multimodal transport and traffic management
Among the other projects of common interest listed in Annexes I and II, those concerning multimodal transport and new traffic-management techniques shall be given special attention with a view to completion of the network.
Article 21 Revision of the guidelines
1. Every five years after the entry into force of this Decision, and for the first time before 1 July 1999, the Commission shall submit a report to the European Parliament and the Council indicating whether the guidelines should be adapted to take account of economic developments and technological developments in the transport field, in particular in rail transport.
In drawing up the report, the Commission shall be assisted by the Committee referred to in Article 18.
2. Further to the report referred to in paragraph 1, the Commission shall, if necessary, submit appropriate proposals.
Article 22 Repeal
Council Decision 78/174/EEC of 20 February 1978 instituting a consultation procedure and setting up a committee in the field of transport infrastructure (7) is hereby repealed.
Article 23
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
Article 24
This Decision is addressed to the Member States.
Done at Brussels, 23 July 1996.