position of the Council on the adoption of a Directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

2018/0138 (COD)

COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the

position of the Council on the adoption of a Directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)

1.Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2018) 277 final - 2018/0138 COD):

17 May 2018. Date of the opinion of the European Economic and Social Committee: Date of the Committee of the Regions adopted its Opinion on the proposal:



17 October 2018.

7 February 2019. Date of the position of the European Parliament, first reading: 13 February 2019. Date of the Council agreement on a general approach: Dates of the trilogues: Date when the Committee of Permanent Representatives confirmed the compromise agreement: Date when the TRAN committee of the European Parliament voted to endorse the compromise agreement: Date when the Committee of Permanent Representatives adopted the position of the Council (I/A Item): 2 December 2019. 3 February 2020. 18 May 2020. 8 June 2020.

17 June 2020.

14 July 2020.

[9] June 2021. Date of adoption of the Council first reading position: [14] June 2021.

2.Objective of the proposal from the Commission

The Commission proposal on streamlining measures for advancing the realisation of the trans-European transport network was presented in May 2018 as part of the 3rd mobility package (Europe on the Move). The proposal is key for the completion of the core TEN-T network by the agreed deadline of 2030 by reducing delays encountered in the implementation of TEN-T infrastructure projects. It also aims to bring greater clarity to the processes which project promoters need to follow, in particular as regards permit granting, public procurement and other procedures.

3.Comments on the position of the Council

Change of the instrument from a Regulation to a Directive

The Council’s position at first reading, adopted on 14 June 2021 and reflecting the outcome of the negotiations with the European Parliament, differs on many formal aspects from the original Commission proposal due to the change of the legal instrument from a regulation to a Directive. However, despite these significant changes to the Commission’s proposal following the trilogues, the text of the agreement reached adheres to the objectives of the original Commission proposal to achieve faster permit-granting procedures and facilitation for the project promoter.

The most important changes introduced compared to the Commission’s proposal include:



Scope of application

The Commission had proposed a scope of application linked to all projects of common interest on the TEN-T core network.

The scope of application now includes: (1) the pre-identified cross-border links and missing links of the TEN-T core network corridors as contained in section 1 of part III of the Regulation Connecting Europe Facility 2021-2027; (2) projects on the core network corridors exceeding EUR 300 million. Not included are the projects that exclusively relate to telematics applications, new technology and innovation as defined in the TEN-T Regulation. Member States can choose to extend the scope of application of this Directive to all projects on the core network or even of the comprehensive network.

The Commission can accept this amendment as it ensures that a broad and significant range of projects is covered, in particular the larger and complex infrastructure projects such as cross-border sections.

Designated Authority

The “single competent permit granting authority” proposed by the Commission was changed into a “designated authority”, in line with the instrument of a Directive and taking into account the differences in Member States. The clear identification for each project of a designated authority which will serve as a contact point during the entire procedure and providing the relevant information will facilitate the work of project promoters. The Commission can accept this amendment.

Deadline for the permit-granting procedure

The Commission original proposal envisaged a procedure broken down in several different stages with accompanying timeframes. In line with the instrument of a Directive, the provision was changed, leaving more flexibility on the stages that Member States can foresee, but imposing an overall deadline of 4 years to conclude the entire permit-granting procedure. Additional safeguards were added, namely a limitation to the possibility of prolongations and the provision that any prolongation needs to be duly justified and the project promotor needs to be informed about it. The Commission can accept these amendments.