No C 162/2 Official Journal of the European Communities 22.6.84 
II 
(Preparatory Acts) 
COMMISSION 
Amendments to the proposal for a Council Regulation establishing special measures of 
Community interest relating to transport infrastructures 
COM(84) 150 final/2 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 28 February 1984) 
(84/C 162/02) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 235 thereof, 
Having regard to the proposal from the 
Commission ('), 
Having regard to the opinion of the European Par­
liament, 
Whereas the Community should establish Community 
policies which make it possible to assist Member 
States which find themselves, in their relations with 
the Community, in a situation of financial imbalance 
incompatible with economic efficiency; 
Whereas any such imbalance should therefore be 
corrected by means of expenditure in the context of 
Community policies; 
Whereas therefore it is necessary to establish special 
measures of Community interest relating to transport 
infrastructure and involving financial contributions 
from the Community to transport infrastructure 
projects or measures in the Federal Republic of 
Germany and the United Kingdom; 
Whereas the Community's financial contribution 
should be in favour of projects of Community interest 
which have recently been started or are about to be 
started, or of measures being carried out or about to 
be carried out in connection with the implementation 
of current projects of Community interest; 
Whereas the projects or measures must be specified 
and supported by the information required in order to 
retain only those which are of Community interest in the field to which they relate and due account has to 
be taken of the Commission's proposals for a multi-
annual transport programme covering all modes of 
transport (2) and the evaluation of the Community 
interest of transport infrastructures projects (3); 
Whereas the Treaty has not provided for the powers 
of action required for this purpose; 
Whereas the implementation of the projects or 
measures provided for in this Regulation should be 
subject to the control of the Commission, as well as 
to the controls laid down by the Treaties and the 
Financial Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Special measures of Community interest relating to 
transport infrastructure are hereby established in 1984 
for the Federal Republic of Germany and for the 
United Kingdom. 
Article 2 
1. The special measures of Community interest 
shall be implemented by means of financial assistance 
to undertake projects or measures which contribute to 
the realization of the common transport policy and, 
in particular, contribute to one or more of the 
following objectives: 
(a) elimination of notorious bottlenecks within the 
Community; 
(b) improvement of rail transport on routes that are 
important for long-distance transport, particularly 
combined transport; 
C) OJ No C 340, 20. 12. 1983, p. 4. (2) COM(83) 474 final. 
(5) COM(81) 579 final; COM(82) 807 final. 
22. D.^ COfficial]ournal of the European communities ^oCM^2B^ 
^ improvement of traffic links between the outlying 
^ones and the rest of the community by trunk 
routes^ 
^ impro^ementof facilities fortheinterdinkingof 
modes of intraCommunity transport, particularly 
forthose^iember^tatesfor^hichcontacts^ith 
therestoftheC^ommunityareinfluencedbythe 
development of sea and air transports 
^ modernisation of the inland^^ater^ay system. 
^fheprojectsor measures shouldberelatedasfaras 
possible to the main trunk routes for each mode or 
transport. 
2. The projects or measures shall be submitted to 
the Commission together ^ith all the information 
necessary in order to assess^ 
— their conformity ^iththeobjecti^esreferredtoin 
paragraphs, 
— their conformity ^dth the eligibility criteria laid 
do^n in Articled 
— their Community interest taking account of 
Community transport policy, 
— the possibilities of verifying the executionof each 
project and of auditing expenditure. 
^. The commission may request any additional 
information necessary for the examination of the said 
projects or measures. 
A^AA^ 
The projects or measures shall be eligible for a 
financial contribution by the community provided 
they arefinanced^holly or inpartby publicauth 
orities. projects or measures, to be eligible for 
Community assistance should be sho^n to be of 
Community interest in terms of the following criteria^ 
— the significance of international traffic andBor 
transit traffic, 
— the nature of the existing bottlenecks and the 
improvements to be effected, 
— the potential for the specific improvement of 
services to ports and airports serving routes to 
other Community countries, 
— compatibility ^ith other Community policies, 
— absence of distortions of competition. t. The commission shall examine the projects or 
measures submitted to it by each of the member 
states concerned under this Regulation and shall refer 
them for information to the Committee referred to in 
Articled. 
2. Inaccordance^iththeprocedurelaiddo^nin 
Articled,the commission shall decide on^ 
^ the projects or measures meriting community 
assistance, in the light of the objectives referred 
to in Article 2 td^ and the criteria laid do^n in 
Articled 
^ the amount of the C^ommunity^sfinancialcontrP 
bution, within the limits of the appropriations 
available. 
^. The community's o^erallfinancial contribution 
may not exceed, for each project or measure, 60^o of 
the public expenditure provided for its execution. 
^. community financial contributions shall be 
made only in respect of projects or measures initiated 
aftert]anuaryr^ 
l^ocontributionshallbemadein respect of projects 
completed before the entry into force of this Regu 
lation. 
5. The commissions decisions referred to in 
paragraph2shall be published inthe C^c^A^^r^^ 
^^.^r^^Ca^^^r^. 
Ar^cA^^ 
t. Appropriations relating to projects or measures 
shall be entered in the budget of the European 
Communities. 
2. ^hen the implementation of the project or 
measure has already started, the advance payment 
shall be equal to the community share of the amount 
already committed, ascertifiedby the^viember ^tate 
concerned^ that amount may not, ho^e^er, exceed 
^O^Bo of the total Community contributions the 
Commission shall first ensure that e^ery project or 
measure has been started as required by this Regu 
lation. 
In other cases,as soon as the commission has takena 
decision pursuant to Article ^ ^, it ^dll grant an 
advance of 50^o.Afurther advance of^O^Bo^ill be 
grantedonce^O^Boof the expenditure on the project 
or measure has been made. 
^oCU^t (Official journal of the European Communities ^.D.^ 
^ Raymentof the tO^ balance shallheeffected 
immediatelyafterthesumreferredtoinnaragranh^ 
hasbeenusedun^ ascertifiedbytheC^o^ernmentof 
the member ^tate concerned^ nro^ided that 
imnlementationof the nro^ect or measure proceeds as 
nlanned and that onthe^snot checks ha^e been 
carried out in accordance with the procedure 
nro^ided for Articled 
t. The Commission shall ensure that each nro^ect 
or measure is implemented in accordance with this 
Regulations with the nro^isions adonted for its 
amplication and with the Regulations adonted 
nursuanttoArticle^O^oftheTreaty. 
To this end^ each of the member states concerned 
shall sunnly the Commission with all information 
requested by it and shall take all stens with regard to 
community assistednro^ectsor measures tofacilitate 
such supervisions as the Commission may consider 
annronriate^ including onthesnot checks made at its 
request with thie annro^al of the member ^tate 
concerned by the lattePs competent authorities^ in 
which Commission officials may narticinate. 
Each member ^tate concerned shall make available to 
theCommissiom for aneriodof threeyearsfromits 
transfer of the balance referred to in Article^^^ all 
sunnorting documents or certified conies thereof 
relating to expenditure. 
^. ^hereanroiect or measureisnot implemented 
in conformity with this Regulation or departs sub 
stantially fromdecisions taken for itsannlicatiom the 
commission may suspend nayments still due. In this 
case^ it may also decide that sums already naid or still 
due are to be allocated^ in accordance with the 
procedure laid down in Article ^ to other nro^ects 
submitted under this Regulation. If^inthe opinion of 
the Commissions no other nro^ect or measure is 
a^ailable^ it shall recover the payments made. 
t. A management committee thereinafter called 
^theC^ommittee^ is hereby established^ composed of 
renresentati^es of the member states and chaired bya 
representative of the Commission. ^. within the Committees the ^otes of the^viember 
states shall be weighted in accordance with Article 
P^^oftheTreaty.The chairman shall not ^ote. 
t. ^here the nrocedurelaid down inthisArticleis 
to be followed^the chairman shall refer the matter to 
the Committee either on his own intiati^e or at the 
request of the representative ofaAiember^tate. 
^. The renresentati^e of the Commission shall 
submit drafts of decisions to be taken. The 
committee shall deliver its opinion on the drafts 
within a time limit which the chairman may fix 
according to the urgency of the questions under 
consideration. An oninion shall be adonted by a 
qualified majority in accordance with Article t^ ^ 
oftheTreaty. 
^. The commission shall adont decisions which 
shall annly immediately, ^rdowe^er^ if these decisions 
are not in accordance with the oninion of the 
Committees they shall be communicated to the 
Council as soon as possible and at the latest within 
one month.In that e^ent^the Commission shall defer 
amplication of the decisions it has adonted for not 
more than two months from the date of such a 
communication. The Councils acting by a qualified 
ma^ority^ may take a different decision within two 
months. 
A^cA^ 
Each of the member states concerned shall^ in 
agreement with the Commissions take the necessary 
stens to ensure that suitable nublicity is gi^en to the 
assistance granted under the Regulation. 
ArrA^^ 
The commission shall twice a year renort to the 
Council and to the European Rarliament on the 
amplication of this Regulation. 
Ar^AB 
ThisRegulationshallenterintoforceonthedayof 
itsnublicationinthe C^c^A^^^^^^^^^^ 
This Regulation shall be binding in its entirety and 
directly annlicable in all Aiember states.