COMMISSION OF THE EUROPEAN COMVIUNITIES 
Brussels, 16.03.1995 
COM(95) 32 final 
94/0065 (SYN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
laying down general rules for the procedure 
for the granting of Community financial aid 
in the field of trans-European networks 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
& 
EXPLANATORY MEMORANDUM 
I. 
1. In order to implement Title XII of the Treaty as regards the establishment of trans-
European networks, the Commission on 2.3.1994 transmitted to the Council and the 
European Parliament a Proposal for a Regulation laying down the general rules for 
the granting of Community financial aid in the field of trans-European networks1 
[COM(94)62]. 
2. The European Parliament gave its opinion2 in the plenary session of 30.11.94, where 
it adopted 31 amendments. 
3. Of the 31 amendments made by the Parliament, the Commission accepted 17 entirely 
and 9 partially. Some are of an editorial nature; others are more substantive. The 
Commission accepted any European Parliament amendments that did not alter the 
intent or structure of the original Proposal and which improved upon it. In addition, 
the Commission has initiated some minor changes, either to refine the text of the 
European Parliament amendments or to edit its original text. 
The changes are summarised below, followed by a summary of those amendments 
which the Commission did not accept. 
II. 
Title of the Regulation (EP Amendment N' 1) 
".. .Regulation laying down the general rules" becomes "... laying down general rules for 
the procedure... ". The change reflects a stronger emphasis on the procedural aspects 
of the Regulation. 
New Recital 3 (EP Amendment N*2V 
The recital emphasises joining island, landlocked and peripheral regions to the central 
areas of the Community and thus reflects one of the priorities laid out in Article 129b 
of the Treaty. 
Recital 4 (EP Amendment N'3) 
The addition points out that Article 129c concerns the establishment of the Guidelines. 
Recital 6 (EP Amendment N'4) 
Removed from the recital is the provision that eligible projects must be "financed by the 
Member States", in order to correspond to the amended Article 2.2 of the Regulation. 
LOJ N* C89, 26 March 1994, p. 8. 
2OJ.... 
Recital 8 (EP Amendment N'6) 
Added to the recital is a reference to the decisions of the Council and the European 
Parliament in connection with the Guidelines. It reinforces the original text and adds the 
European Parliament to the Council as the partner in the co-decision procedure. 
The amendment removes reference to the priority projects, which avoids repetition 
because these projects are already introduced in Recital 7. 
New Recital 9 (EP Amendment N'7) 
This recital supports the participation of private capital in financing networks, which 
emphasises an important political goal. 
Recital 10 (EP Amendment N'8) 
The phrase "take the form of" has been replaced by "relate to" and "aid from the EIB 
and the EIF" has become "financial support", in order to make precise that these 
institutions do not provide aid per se. The phrase "in exceptional cases" is changed to 
"in certain cases" concerning direct co-financing, which adds flexibility. 
Recital 11 (EP Amendment N'9) 
In connection with the granting of loan guarantee premiums in cases where the guarantee 
comes from a body other than the EIF, the phrase "where appropriate" is suppressed, 
adding flexibility. 
Recital 13 (EP Amendment N'll) 
The amendment defines the content of cost/benefit analysis, enumerating the taking into 
account of sustainability, regional planning, appraisals of job creation, study of the 
capacity of existing infrastructure and the socio-economic advantages particularly for the 
regions concerned. 
Recital 14 (EP Amendment N'12) 
The addition of the Common Transport Policy, energy and telecommunications 
completes the enumeration of "Community policies". 
New Recital 15 (EP Amendment N'13) 
This recital concerns the necessity for the Regulation to clarify the respective powers and 
responsibilities of the Member States and the Commission with regard to financial 
control, corresponding directly to amended Article 15 of the Regulation. 
Recital 16 (EP Amendment N'14) 
To the coordination effort, "particularly TEN resources, the Structural and Cohesion 
Funds, the EIF and the EIB" are added, which enumerates the Community financial 
instruments concerning the financing of networks. 
2 
Recital 18 (EP Amendment N'15) 
"Transparency" is added to "information and publicity", which reflects openness 
regarding the activities financed. 
Article 1. Definition and Scope 
Reference to IDA is suppressed, as this budget line is covered under separate legislation 
[see COM(93)69]. 
Article 2. Eligibility (EP Amendment N*16) 
Paragraph 1 removes reference to the requirement that projects be "financed by the 
Member States." This question is resolved in paragraph 2. 
Paragraph 2 extends the possibility to assist projects which are also financed by bodies 
other than the Member States. This addition explains that projects financed by regional 
or local authorities or bodies working within a framework which makes them similar to 
public entities, including enterprises that carry out public services, are eligible. This 
addition clarifies the original proposal and extends the potential to assist projects which 
are financed by public or private bodies other than the Member State. 
Paragraph 3 adds the European Parliament in regard to co-decision on the Guidelines and 
expands reference to Article 129b of the Treaty, which corrects and elaborates the 
original text (see Recital 8). 
Paragraph 4 adds feasibility studies to the stages of a project, which highlights the 
importance of the feasibility study phase in project realization. 
Article 3. Forms of Aid (EP Amendment N° 17) 
Subparagraph (a) lists technical studies with feasibility studies, which completes the 
definition of feasibility studies in Article 129C I, third indent, of the Treaty. 
Subparagraph (d) adds "in specific cases" to replace "where by way of exception" in 
connection to direct co-financing, which adds flexibility. 
To subparagraph (d) is also added "or any other form of financial support which is 
appropriate to meet the objectives;" which creates the possibility for future forms of 
financing, for example, reimbursable grants. 
Article 5. Financial Participation (EP Amendment N*18) 
Paragraph 1 is rephrased and reference is given to the amended Article 2.2. 
Paragraph 3 replaces "similar financial organizations" with "other public or private 
financial organizations", which adds precision. 
3 
Paragraph 4 sees a change in wording, suppressing "by way of exception" and replacing 
"within the meaning of" with "following the provisions of" 3(d) in connection to direct 
co-financing. This change reflects the rephrasing of Article 3(d). 
Article 6. Common project selection criteria (EP Amendment N*19) 
Paragraph 1 adds to the criteria the impact of "interoperability of trans-European 
networks", which is one of the central aims of trans-European networks set forth in 
Treaty Article 129b. 
Moved to paragraph 1 are the criteria of economic and social cohesion and the smooth 
running of the internal market, now placed before the technical and economic criteria. 
Thus the structure of paragraph 1 now follows more closely that of Article 129b. 
Also added to paragraph 1 are the criteria of "contributions of a trans-frontier character" 
and "filling missing links", which reflects the Treaty's emphasis on interconnection of 
networks (cf., Article 129b II). 
Paragraph 2 
The order of (b)-(c) have been rearranged for editorial reasons; (d) has changed 
"Community regional planning" to "regional planning in the Community. 
Paragraph 3 adds that in the context of the definition of potential economic viability, 
account is to be taken of a project's socio-economic profitability. 
Articled. Selection criteria concerning transport (EP Amendment N'21V 
The criterion of high safety standards is added; priority is given to the less 
environmentally damaging projects. These new elements are politically important and 
must be taken on. 
Article 8. Selection criteria concerning telecommunications 
Criterion (a) adds interoperability of services and applications, complementing the 
original text. 
Article 9. Selection criteria concerning energy 
Subparagraph (d) elaborates upon the original text by adding ..."and of facilities for 
reception and storage of LNG (liquified natural gas)". 
Article 10. Compatibility (EP Amendment N'23) 
This article sees two minor editorial changes: "comply with" is replaced by "respect"; 
"in particular those relating to the Common Transport Policy, energy and 
telecommunications" is added, completing the enumeration of Community policies (see 
Recital 14). 
4-
Article 11. Submission of applications for financial aid 
The rephrasing follows the reformulation of Article 2.2. The change clarifies that prior 
agreement of the Member State is necessary if an application is submitted by a body 
other than the Member State, which corresponds to Article 129d of the Treaty which 
stipulates that projects of Community interest relating to the territory of a Member State 
shall require its approval. In the case of another body submitting the application, it must 
be the body or authority referred to in Article 2.2. 
Article 12. Information required for the assessment and identification of applications (EP 
Amendment N ' 25) 
Economic and social viability are enumerated as components of financial viability 
analysis. 
Article 13. Taking the decision (EP Amendment N°26) 
Two provisions are added: 
The Commission shall endeavour to deliver a decision within six months of receipt of 
the application, which shall give the applicant security in planning. Secondly, the 
essential features of the decisions will be published in the Official Journal, which 
contributes to transparency. 
Article 14. Financial provisions (EP Amendment N'27) 
In order to elaborate the payment procedure, a new paragraph 4, adopted from the 
Cohesion Fund Regulation, is added confirming that the commitment appropriations 
entered into the budget shall be granted on the basis of Commission decisions. 
Paragraph 5 clarifies that payment shall be in three stages. 
A new paragraph 6 takes account of the fact that payments may be executed over several 
years, to correspond to the long realization phase of infrastructure projects. 
Article 15. Financial control (EP Amendment N'28) 
A new paragraph 3 is added, clarifying the procedures for on-the-spot checks. This 
provision, taken verbatim from the Structural Funds Regulation, explains standard 
procedures. 
Article 16. Coordination (EP Amendment N*29) 
The addition spells out the Community financial instruments which may apply to the 
projects in question (see Recital 16). 
S 
Article 17. Evaluation 
Reference to defining indicators has been rephrased and moved to paragraph 1, to form 
part of the systematic evaluation. 
III. 
The main amendments which the Commission did not accept concern: 
~ Changes to recital 3 and Articles 3 and 6 which would accord priority to the Structural 
Fund-eligible regions, as such a provision does not correspond to the Treaty, which sets 
economic and social cohesion as one priority equal in weight to others, such as the 
functioning of the internal market; 
~ Deletion of the recital which introduces the priority projects in connection to this 
Regulation, because the European Councils of Brussels, Corfu and Essen have 
emphasised the importance of developing networks, the role of networks in the 
Community's economic growth and the Community's contribution to this development; 
~ The enumeration of "preparatory and technical studies" with feasibility studies in recital 
10 and Articles 2 and 12, because it would limit the wider meaning of the term 
"feasibility studies"; 
~ Provision for the European Investment Bank to play an advisory role in the financial 
structuring and evaluation of projects, in recital 12, because the Bank is involved only 
in those projects for which it has granted loans; 
~ Adding to Article 3(d) that co-financing may involve the organizing, by the Community, 
of loans on the capital markets, as this provision has no legal basis in the Treaty; 
— Adding "environmental profitability" to the definition of potential economic viability, 
because the concept of environmental profitability is not a common standard or a 
component of economic viability; 
~ Introducing to Article 8 a new criterion (c) "integration of telecommunications and 
transport networks" because this criterion would more appropriately fall under the 
heading of transport and is already included in the Guidelines concerning the trans-
European transport network; 
~ Adding to Compatibility, "taking into account the EIA and habitat directives, sustainable 
transport, fair competition between the various modes of transport, and the transparent, 
verifiable award of public contracts," because this enumeration is unnecessary and 
repeats only part of what is implicit in "Community policies"; 
4 
Allowing applications for financial aid to be submitted by third parties because such a 
provision would not comport with Article 129d of the Treaty (see Article 11 in part II 
above); 
Limiting the first payment to 50% or less of the first annual tranche of the 
appropriations committed and restricting subsequent payments to the condition that at 
least two thirds of the expenditure relating to the previous payment has been made, 
because neither of these provisions are applicable to all forms of intervention (guarantee 
premiums, interest subsidies); 
Creating a consultative Committee for each sector, procedure la, because this type of 
committee and procedure would be difficult to reconcile with Article 129d of the Treaty 
which states that "[P]rejects of common interest which relate to the territory of a 
Member State shall require the approval of the Member State concerned. 
* 
Amended proposa I for a 
COUNCIL REGULATION (EC) 
laying down general rules for the procedure 
for the granting of Community financial aid 
in the field of trans-European networks 
Original Proposal Modified Proposal 
Title of the Regulation: 
Proposal for a Council Regulation (EC) 
laying down general rules for the granting 
of Community financial aid in the field of 
trans-European networks Title of the Regulation: 
Proposal for a Council Regulation (EC) 
laying down general rules for the 
procedure for the granting of Community 
financial aid in the field of trans-European 
networks 
Recital 3 
Whereas Article 129b(2) of the Treaty 
establishing the European Community 
establishes as a priority for Community 
action the setting up of links between 
the island, landlocked and peripheral 
regions of the Community and the 
central regions; 
Whereas Article 129c provides that the 
Community may support the financial 
efforts of the Member States to establish 
trans-European networks; Recital 4 
Whereas Article 129c provides that the 
Community shall establish a series of 
guidelines covering the objectives, 
priorities and broad lines of measures 
envisaged in the sphere of trans-
European networks and whereas the 
Community may support the financial 
efforts of the Member States to establish 
trans-European networks; 
Recital 6 
Whereas under Article 129c Community 
aid should be granted to projects of 
common interest financed by the Member 
States which are identified in the 
framework of the guidelines; Recital 6 
Whereas under Article 129c Community 
aid should be granted to projects of 
common interest which are identified in 
the framework of the guidelines; 
Original Proposal Modified Proposal 
Whereas, pending the adoption of all the 
guidelines referred to in Article 129c of 
the Treaty, it is necessary to be able to 
support priority projects of this kind, since 
they help to achieve the objectives of 
Article 129b of the Treaty; Recital 8 
Whereas, until such time as the 
guidelines referred to in Article 129c of 
the Treaty have been decided upon by 
the Council and the European 
Parliament, infrastructure projects 
which contribute to the achievement of 
the objectives of Article 129b of the 
Treaty concerning the establishment and 
development of trans-European 
networks may be supported; 
Recital 9 
Whereas involvement of private capital 
in funding trans-European networks 
should be increased and the partnership 
between the public and private sectors 
extended; 
Whereas Community aid may take the 
shape in particular of feasibility studies, 
loan guarantees or interest rate subsidies; 
whereas these subsidies and guarantees 
take the form in particular of aid from the 
EIB, the other Community loan 
instruments and the EIF; whereas in 
certain cases investment projects may be 
co-financed; Recital 10 
Whereas Community aid may take the 
shape in particular of feasibility studies, 
loan guarantees or interest rate subsidies; 
whereas these subsidies and guarantees 
relate in particular to financial support 
from the EIB, the other Community loan 
instruments and the EIF; whereas in 
certain cases investment projects may be 
co-financed; 
Whereas loan guarantees will be granted 
by the European Investment Fund on a 
commercial basis or, where appropriate. 
by other financial organizations; whereas 
Community financial aid may cover all or 
part of the premiums paid by the 
beneficiaries of these guarantees; Recital 11 
Whereas loan guarantees will be granted 
by the European Investment Fund on a 
commercial basis or by other financial 
organizations; whereas Community 
financial aid may cover all or part of the 
premiums paid by the beneficiaries of 
these guarantees; 
Original Proposal Modified Proposal 
Whereas Community action must take 
account of the potential economic viability 
of the projects, as evaluated with the help 
of cost/benefit analysis and other 
appropriate criteria; 
Whereas, with an eye to profitability, a 
detailed evaluation should be undertaken 
before Community resources are 
committed so as to guarantee that the 
resources mobilized generate the desired 
socio-economic benefits; Recital 13 
Whereas Community action must take 
account of the sustainability and potential 
economic viability of the projects, as 
evaluated with the help of regional 
planning, cost/benefit analyses, 
appraisals of the amount of investment 
in relation to the number of jobs 
created, assessment of any remaining 
capacity of existing infrastructures and 
other appropriate criteria; whereas, with 
an eye to profitability, a detailed 
evaluation should be undertaken before 
Community resources are cornmitted so as 
to guarantee that the resources mobilised 
generate the desired integral socio­
economic benefits, particularly for the 
regions concerned; 
Whereas Community financial support 
under Article 129c(l) of the Treaty must 
be compatible with Community policies, in 
particular as regards environmental 
protection, competition and the award of 
public contracts; whereas environmental 
protection includes an environmental 
impact assessment; Recital 14 
Whereas Community financial support 
under Article 129c(l) of the Treaty must 
be compatible with Community policies, in 
particular as regards energy, a 
sustainable Common Transport Policy, 
telecommunications, environmental 
protection, competition and the award of 
public contracts; whereas environmental 
protection includes an environmental 
impact assessment of projects; 
Recital 15 
Whereas it is necessary to clarify the 
respective powers and responsibilities of 
Member States and the Commission 
with regard to financial control; 
IP 
Original Proposal Modified Proposal 
Whereas the Commission must ensure 
proper coordination of all Community 
activities affecting trans-European 
networks; Recital 16 
Whereas the Commission must ensure 
proper coordination of all Community 
activities, especially TEN resources, the 
Structural and Cohesion Funds, the EIF 
and the EIB, affecting trans-European 
networks; 
Whereas there should be suitable 
information and publicity regarding the 
activities financed; Recital 18 
Whereas there should be suitable 
information, publicity and transparency 
regarding the activities financed; 
HAS ADOPTED THIS REGULATION. 
Article 1: Definition and Scope 
This regulation defines the conditions and 
procedures for granting Community aid to 
projects of common interest in the field of 
trans-European networks for transport, 
energy and telecommunications 
infrastructures under Article 129c, 
paragraph 1, of the Treaty1. Article 1: Definition and Scope 
This regulation defines the conditions and 
procedures for granting Community aid to 
projects of common interest in the field of 
trans-European networks for transport, 
energy and telecommunications 
infrastructures under Article 129c, 
paragraph 1, of the Treaty. 
(footnote deleted) 
Proposal for a Council Decision on a series of guidelines for trans-European data communications 
networks between administrations (IDA) COM(93)69 f. OJEC C 105, 16.04.93, p. 10. 
Original Proposal Modified Proposal 
Article 2; Eligibility 
1. The Community aid granted in 
accordance with this Regulation shall 
concern projects of common interest 
financed by the Member States and 
identified within the framework of the 
guidelines referred to in Article 129c 
of the Treaty. Articled: Eligibility 
1. The Community aid granted in 
accordance with this Regulation shall 
concern projects of common interest 
identified within the framework of the 
guidelines referred to in Article 129c 
of the Treaty. 
2. Projects financed by organizations 
working within an administrative or 
legal framework which makes them 
similar to public organizations shall 
also be eligible. Projects financed by the Member 
States or by regional or local 
authorities or by bodies working 
within an administrative or legal 
framework which makes them similar 
to public entities, in particular 
enterprises which hold franchises to 
run public services or which are 
entrusted with the operation of 
services of public interest, shall be 
eligible. 
3. Where the guidelines referred to in 
Article 129c, as proposed by the 
Commission, have not yet been 
adopted by the Council other 
infrastructure projects which 
contribute to the achievement of the 
objectives set out in Article 129b of 
the Treaty may be eligible. 3. Where the guidelines referred to in 
Article 129c, as proposed by the 
Commission, have not yet been 
adopted by the Council and the 
European Parliament other 
infrastructure projects which 
contribute to the achievement of the 
objectives set out in Article 129b of 
the Treaty concerning the 
establishment and development of 
trans-European networks may be 
eligible. 
4. Within the meaning of this Regulation 
the concept of "project" shall include 
all the technically and financially 
separate stages of projects which form 
a whole designed to fulfil an economic 
and technical function. Within the meaning of this Regulation 
the concept of "project" shall include 
all the technically and financially 
separate stages of projects which form 
a whole designed to fulfil an economic 
and technical function, including 
feasibility studies. 
IX 
Original Proposal Modified Proposal 
Article 3: Forms of Aid Article 3: Forms of Aid 
Community aid may take one or several of 
the following forms: 
(a) co-financing of feasibility studies, 
including preparatory studies, 
evaluation studies and other technical 
support measures; 
(b) contribution to the premiums of loan 
guarantees; 
(c) interest rate subsidies; 
(d) where by way of exception these 
forms of financial aid provided for 
above are inappropriate, co-financing 
of investment projects. Community aid may take one or several of 
the following forms: 
(a) co-financing of feasibility studies, 
including preparatory studies, evalua­
tion studies, technical studies and 
other technical support measures; 
(b) contribution to the premiums of loan 
guarantees; 
(c) interest rate subsidies; 
(d) where in specific cases these forms 
of financial aid provided for above 
are inappropriate, co-financing of 
investment projects or any other 
form of financial support which is 
appropriate to meet the objectives. 
13 
Original Proposal Modified Proposal 
Article 5: Financial participation 
1. In general, Community aid to 
feasibility studies shall be subject to a 
substantial contribution from the 
public authorities. Article 5: Financial participation 
1. In general, in the case of feasibility 
studies, the participation of the 
authorities or bodies referred to in 
Article 2, paragraph 2, shall be 
substantial. 
The maximum amount of the interest-
rate subsidy may not exceed 10% of 
the total cost of the investment in net 
grant equivalent. The maximum amount of the interest-
rate subsidy must not exceed 10% of 
the total cost of the investment in net 
grant equivalent. 
Community financial support may 
cover all or part of the loan guarantee 
premiums granted by the European 
Investment Fund or, where 
appropriate, by other organizations. 
Where the aid takes the form of a 
direct subsidy within the meaning of 
Article 3.1(d), the Commission shall 
make the level of that subsidy such 
that it is sufficient to mobilise the 
requisite financial resources. 3. Community financial support may 
cover all or part of the loan guarantee 
premiums granted by the European 
Investment Fund or, where 
appropriate, by other public or 
private financial organizations. 
4. Where the aid takes the form of a 
direct subsidy following the 
provisions of Article 3(d), the 
Commission shall make the level of 
that subsidy such that it is sufficient 
to mobilise the requisite financial 
.resources. 
'i-
Original Proposal Modified Proposal 
Article 6: Common project selection 
criteria Article 6: Common project selection 
criteria 
1. The projects shall be of sufficient 
dimension to have a significant 
impact on the establishment and 
development of networks. 1. The projects presented shall have a 
significant impact on the 
establishment, development and 
interoperability of trans-European 
networks. 
Community aid shall be granted on a 
priority basis to projects according to 
their degree of contribution 
(a) to the establishment of trans-
European networks; 
(b) to the harmonization of technical 
standards; 
(c) to the interconnection and 
interoperability of national networks; 
(d) to the improvement of access to the 
networks; 
(e) to the integration of the various 
networks; 
(f) to the reliability and safety of the 
networks. Community aid shall be granted on a 
priority basis to projects according 
to their degree of contribution 
to the smooth running of the 
internal market; 
to the Community's economic and 
social cohesion, with particular 
regard to the need to connect 
island, landlocked and peripheral 
regions with the central areas of 
the Community; 
The selection of the projects shall take 
account of the degree of contribution 
(a) to the establishment of trans-
European networks, in particular 
where the projects are of a 
transfrontier nature and complete 
'missing links'; 
/S" 
Original Proposal Modified Proposal 
2. Projects shall also be selected as a 
function of: 
(a) their contribution 
to the smooth running of the 
internal market; 
to the Community's economic and 
social cohesion, with particular 
regard to the need to connect 
island, landlocked and peripheral 
regions with the central areas of the 
Community; 
(b) their importance to the development 
of trade at European level; 
(c) their contribution to increasing the 
competitiveness of the European 
economy; (b) to the harmonization of technical 
standards; 
(c) to the interconnection and 
interoperability of national 
networks; 
(d) to the improvement of access to the 
networks; 
(e) to the integration of the various 
networks; 
(f) to the reliability and safety of the 
networks. 
2. Projects shall be selected as a 
function of: 
(a) their importance to the development 
of trade at European level; 
(d) their compliance with environmental 
considerations; 
(e) their consistency with Community 
regional planning. (b) their contribution to increasing the 
competitiveness of the European 
economy; 
(c) their compliance with environmental 
considerations; 
(d) their consistency with regional 
planning in the Community. 
3. Account shall be taken of: 
(a) their potential economic viability: 
extent of financial and socio­
economic profitability, including 
direct or indirect effects on 
employment; 3. Account shall be taken of: 
(a) their potential economic viability: 
extent of socio-economic and 
financial profitability, including 
direct or indirect effects on 
employment; 
(b) their readiness; (b) their readiness; 
(c) the soundness of the financial 
package; (c) the solidity of the financial pack­
age; 
&' 
Original Proposal Modified Proposal 
Article 7: Selection criteria concerning 
transport 
Without prejudice to the common criteria 
referred to in Article 6, Community 
financial aid in the transport sector shall 
be granted on a priority basis according to 
the contribution of the projects: 
(b) to sustainable development, in 
particular of traffic at European 
level, notably 
— transfrontier and long distance 
traffic, given its present and 
potential importance, within the 
Community and in neighbouring 
third countries Article 7: Selection criteria concerning 
transport 
Without prejudice to the common criteria 
referred to in Article 6, Community 
financial aid in the transport sector shall 
be granted on a priority basis according to 
the contribution of the projects: 
(b) to sustainable development, in 
particular of traffic at European level, 
notably 
--.- transfrontier and long distance 
traffic, given its present and 
potential importance, within the 
Community and with neighbouring 
third countries 
(c) to guaranteeing high safety 
standards for all means of trans­
port. 
(d) Priority shall be given to the less 
environmentally damaging 
infrastructure projects. 
Article 8: Selection criteria concerning 
telecommunications Article 8: Selection criteria concerning 
telecommunications 
Without prejudice to the common criteria 
referred to in Article 6, Community 
financial aid in the telecommunications 
sector shall be granted on a priority basis 
to projects according to their contribution: 
a) to the establishment of trans European 
networks, notably 
transfrontier interconnection 
between physical networks 
interoperability of services; Without prejudice to the common criteria 
referred to in Article 6, Community 
financial aid in the telecommunications 
sector shall be granted on a priority basis 
to projects according to their contribution: 
a) to the establishment of trans 
European networks, notably 
transfrontier interconnection 
between physical networks 
interoperability of services 
and applications. 
a 
Original Proposal Modified Proposal 
Article 9: Selection criteria concerning 
energy 
(d) to increased transport capacity of 
natural gas supply, inlet and storage 
pipelines. Article 9; Selection criteria concerning 
energy 
(d) to increased capacity of natural gas 
supply and pipelines, and of 
facilities for reception and storage 
of LNG (liquified natural gas). 
Article 10: Compatibility 
The projects financed under this 
Regulation shall comply with the 
provisions of the Treaties, with the acts 
adopted on the basis thereof and 
Community policies, environmental 
protection, competition and the award of 
public contracts. Article 10: Compatibility 
The projects financed under this 
Regulation shall respect the provisions of 
the Treaty, with the acts adopted on the 
basis thereof and Community policies, in 
particular those relating to the Common 
Transport Policy, energy, 
telecommunications, environmental 
protection, competition and the award of 
public contracts. 
Article 11: Submission of applications 
for financial aid Article 11: Submission of applications 
for financial aid 
Applications for financial aid shall be 
submitted to the Commission through the 
intermediary of the Member State 
concerned or by the body directly 
concerned with the agreement of the 
Member State. Applications for financial aid shall be 
submitted to the Commission by the 
Member State concerned or, with the 
prior agreement of the Member State, 
by the authorities or bodies referred to 
in Article 2, paragraph 2. 
Tl 
Original Proposal Modified Proposal 
Article 12: Information required for the 
assessment and identification of 
applications 
1. In addition to the information 
specified in Article 6, and, where 
appropriate, Articles 7, 8 and 9 
above, each application for financial 
aid shall include the following 
information to identify the project 
and to enable the Commission to 
assess the application: Article 12: Information required for the 
assessment and identification of 
applications 
1. In addition to the information 
specified in Article 6, and, where 
appropriate, Articles 7, 8 and 9 
above, each application for financial 
aid shall include the following 
information to identify the project 
and to enable the Commission to 
assess the application: 
(a) the body responsible for carrying 
out the project; (a) the entity responsible for carrying 
out the project; 
(b) the type of assistance envisaged and 
a description of the project 
concerned; (b) a description of the project 
concerned and the type of 
assistance envisaged; 
(d) If the application relates to a 
project: 
the results of the cost/benefit 
analyses, including the results 
of the financial viability 
analysis; (d) If the application relates to a 
project: 
the results of the cost/benefit 
analyses, including the results 
of the financial, economic 
and social viability analysis; 
Article 13: Taking the decision 
The Commission shall decide to grant 
financial aid under this Regulation 
according to its assessment of the 
applications, in accordance with the 
selection criteria and the procedure 
specified in Article 19(2). It shall notify 
its decision directly to the beneficiaries 
and the Member State concerned. Article 13: Taking the decision 
The Commission shall take a decision on 
the application for financial aid under 
this Regulation according to its assessment 
of the applications, following the selection 
criteria and the procedure specified in 
Article 19(2) below, to the extent 
possible, within six months of receipt of 
the application submitted. It shall 
directly notify the beneficiaries and the 
Member States concerned of its decision. 
The essential features of the 
Commission's decisions shall be 
published in the Official Journal of the 
European Communities. 
l3 
Original Proposal Modified Proposal 
Article 14: Financial provisions Article 14: Financial provisions 
Aid may not be granted in respect of 
expenditure before the date on which 
the Commission received the 
application for financial aid. 2. Aid may not be granted in respect of 
expenditure incurred before the date 
on which the Commission received the 
application for financial aid. 
4, The commitment appropriations 
entered in the budget shall be 
granted on the basis of the decisions 
approving the measures concerned. 
As a general rule, payments shall be 
made in the form of advances and a 
final payment. The first advance shall 
be paid once the application for aid has 
been approved. Subsequent payments 
shall be made on the basis of requests 
for payment, taking account of the 
progress made in implementing the 
project. Payments shall be made in the form of 
advances, intermediate payments and 
a final payment. The first advance 
shall be paid once the application for 
aid has been approved. Subsequent 
payments shall be made on the basis of 
requests for payment, taking into 
account, in a rigorous and 
transparent manner, the progress 
made in implementing the project. 
6. The payments must take account of 
the fact that the infrastructure 
projects will be implemented over a 
period of years and that provision 
must therefore be made for 
multiannual financing. 
5. The Commission shall make the final 
payment after approval of the report on 
the project or study submitted by the 
beneficiary and itemizing all the 
expenditure actually incurred. The Commission shall make the final 
payment after approval of the report on 
the project or study submitted by the 
beneficiary and itemizing all the 
expenditure actually incurred. 
With regard to interest-rate subsidies 
and guarantee premium subsidies, the 
Commission shall determine the 
procedures and timetable for payments. With regard to interest-rate subsidies 
and guarantee premium subsidies, the 
Commission shall determine the 
procedures and timetable for payments. 
15 
Original Proposal Modified Proposal 
Article 15: Financial Control Article 15: Financial Control 
Without prejudice to any control 
measures carried out by the Member 
States in accordance with national 
laws, regulations and administrative 
provisions and without prejudice to the 
provisions of Article 188a of the 
Treaty and control measures carried 
out in accordance with Article 209c of 
the Treaty, Commission officials or 
staff may carry out spot checks on 
projects financed. 2. Without prejudice to any control 
measures carried out by the Member 
States in accordance with national 
laws, regulations and administrative 
provisions and without prejudice to the 
provisions of Article 188a of the 
Treaty and control measures carried 
out in accordance with Article 209c of 
the Treaty, Commission officials or 
staff may carry out on-the-spot checks 
on projects financed. 
X\ 
Original Proposal Modified Proposal 
3. Before carrying out an on-the-spot 
check, the Commission shall give 
notice to the Member State 
concerned with a view to obtaining 
all the assistance necessary. On-the-
spot checks carried out by the 
Commission without notice shall be 
subject to agreements reached in 
accordance with the Financial Regu­
lation. Officials of the Member 
State concerned may take part in 
checks. 
The Commission may require the 
Member State concerned to carry 
out an on-the-spot check to verify the 
correctness of payment applications. 
Commission staff may take part in 
such checks, and must do so if the 
Member State concerned so requests. 
The responsible body and authorities 
shall keep available for the 
Commission all the supporting 
documents regarding expenditure on 
any project for a period of three 
years following the last payment in 
respect of the project. 
XL-
Original Proposal Modified Proposal 
Article 16: Coordination Article 16: Coordination 
1. The Commission shall be responsible 
for coordination between the projects 
undertaken under this Regulation and 
projects undertaken with the help of 
contributions from the Community 
budget, the European Investment Bank 
and other Community financial 
instruments, and for ensuring they are 
compatible. 1. The Commission shall be responsible 
for coordination between the projects 
undertaken under this Regulation and 
projects undertaken with the help of 
contributions from the Community 
budget (such as TEN resources, the 
Structural and Cohesion Funds, 
etc.), the European Investment 
Fund, the European Investment Bank 
and other Community financial 
instruments, and for ensuring they are 
coherent. 
Article 17: Evaluation Article 17: Evaluation 
1. In order to ensure that Community aid 
is used efficiently, the Commission and 
the Member States concerned shall 
systematically evaluate progress with 
projects, if necessary with the coop­
eration of the European Investment 
Bank. To this end, Member States 
shall inform the Commission each year 
on the progress of projects approved. 
2. Before the end of 1997, the 
Commission shall verify the results 
achieved with Community assistance in 
the different fields of application in 
terms of the original objectives. 1. In order to ensure that Community aid 
is used efficiently, the Commission and 
the Member States concerned shall 
systematically evaluate progress with 
projects, if necessary with the coop­
eration of the European Investment 
Bank. To this end, Member States 
shall inform the Commission each year 
on the progress of projects approved. 
This will entail defining indicators, 
to the extent possible, as a means of 
measuring the extent to which the 
original objectives have been 
achieved. 
This will entail defining appropriate 
indicators as a means of measuring the 
extent to which the original objectives 
have been achieved. 2. Before the end of 1997, the 
Commission shall verify the results 
achieved with Community assistance in 
the different fields of application in 
terms of the original objectives. 
22. 
Original Proposal Modified Proposal 
Article 19, Committees Article 19, Committees 
1. In implementing this Regulation, the 
Commission shall be assisted, 
depending on the sector concerned... 1. In implementing this Regulation, the 
Commission shall be assisted, 
depending on the sector concerned... 
The decision required by this 
Regulation shall be taken in accordance 
with the procedure set out in paragraph 
2 of this Article. The decisions required by this 
Regulation shall be taken in accordance 
with the procedure set out in paragraph 
2 of this Article. 
*\ 
ISSN 0254-1475 
COM(95) 32 final 
DOCUMENTS 
EN 01 
Catalogue number : CB-CO-95-047-EN-C 
ISBN 92-77-85539-8 
Office for Official Publications of the Europedn Communities 
L-2985 Luxembourg