COMMON POSITION (EC) No 22/95

adopted by the Council on 28 September 1995

with a view to adopting a Decision of the European Parliament and of the Council on Community guidelines for the development of the trans-European transport network

(95/C 331/01)

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 referred to in Article 189b of the Treaty (4),

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;

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 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 various modes of transport into a trans-European road, rail, inland waterway, seaport and airport network for passengers and goods and for combined transport;

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;

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;

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;

Whereas Member States need to take account of environmental protection 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 95/43/EEC of 21 May 1992 on the protection of natural habitats and of wild fauna and flora (6) when implementing projects of common interest;

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;

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;

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 is to establish 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 are 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 are 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 and transport telematics network shall be defined separately from this Decision.

Article 2

Objectives

1. The trans-European transport network shall be established by 2010 by gradually 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 taking account of the Community's objectives, particularly in regard to the environment, and contribute to strengthening economic and social cohesion;

(b) offer users high-quality infrastructure on the best possible economic terms;

(c) include all modes of transport, taking account of their respective advantages;

(d) allow the optimal use of existing capacities;

(e) be, in so far as possible, interoperable;

(f) be, in so far 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 the major conurbations and regions of the Community without bottlenecks;

(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, in so far 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, seaports, airports and interconnection points, such as inland-waterway ports and transhipment centres.

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 schemes;

(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, in particular by creating interconnection centres;

(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.

Article 5

Priorities

The priorities, taking account of the objectives set out in Article 2, shall be:

(a) development of the connections, key links and interconnections needed to eliminate bottlenecks, fill in missing sections and complete major routes;

(b) development of 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) gradual achievement of interoperability of network components;

(e) optimization of the capacity and efficiency of existing infrastructure;

(f) establishment of and improvement in interconnection junctions and intermodal platforms;

(g) improved safety and network reliability;

(h) integration of environmental concerns into the design and development of the network;

(i) the development and establishment of systems for the management and control of network traffic and user information with a view to optimum use of the infrastructures;

(j) studies contributing to improved design and 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 by the Council 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 referred to 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, account being taken of the socio-economic costs and benefits.

2. Projects shall relate to an element of the network described in Articles 8 to 16 and shall in particular:

- cover the routes identified by the maps in Annex I, and/or

- correspond to the specifications or criteria in Annex II.

SECTION 2 ROAD NETWORK

Article 8

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 Community regions.

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 9

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 in current or new technology,

- specially adapted high-speed lines equipped for speeds of the order of 200 km/h,

- lines specially adapted for high speed of a specific nature by virtue of topographical, relief or town planning constraints where 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 13.

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 WATERWAY PORTS

Article 10

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 make possible 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 shall correspond at least to class IV, shall enable class Va/Vb to be achieved at a later date and shall 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. As points of interconnection between the waterways referred to in paragraph 2 and other modes of transport, inland-waterway ports shall constitute an element of the network.

4. The network shall include the traffic management infrastructure.

SECTION 5 SEAPORTS

Article 11

Characteristics

Ports 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 with third countries.

SECTION 6 AIRPORTS

Article 12

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 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 13

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 14

Characteristics

The trans-European shipping management and information system 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 CONTROL NETWORK

Article 15

Characteristics

The trans-European air traffic management network shall comprise the airspace reserved for general aviation, airways, aviation 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 16

Characteristics

The trans-European positioning and navigation systems network shall comprise the satellite positioning and navigation systems to be defined in the future European radio navigation plan. They shall provide a reliable and efficient positioning and navigation service which can be used by all modes of transport.

SECTION 11 COMMON PROVISIONS

Article 17

Committee, 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 18

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 17.

2. Further to the report referred to in paragraph 1 the Commission shall, if necessary, submit appropriate proposals.

Article 19

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 (1) is hereby repealed.

Article 20

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

Article 21

This Decision is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 220, 8. 8. 1994, p. 1.

(2) OJ No C 397, 31. 12. 1994, p. 23.

(3) Opinion delivered on 28 September 1994 (OJ No C 210, 14. 8. 1995, p. 34).

(4) Opinion of the European Parliament of . . . (not yet published in the Official Journal), Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(5) OJ No L 175, 5. 7. 1985, p. 40.

(6) OJ No L 206, 22. 7. 1992, p. 7.

(1) OJ No L 54, 25. 2. 1978, p. 16.

ANNEX I

NETWORK SCHEMES ILLUSTRATED BY MAPS (*)

Section 2: Road network

2.0. Europe

2.1. Belgium/Luxembourg

2.2. Denmark

2.3. Germany

2.4. Greece

2.5. Spain

2.6. France

2.7. Ireland

2.8. Italy

2.9. Netherlands

2.10. Austria

2.11. Portugal

2.12. Finland

2.13. Sweden

2.14. United Kingdom

Section 3: Rail network

3.0. Europe

3.1. Belgium

3.2. Denmark

3.3. Germany

3.4. Greece

3.5. Spain

3.6. France

3.7. Ireland

3.8. Italy

3.9. Luxembourg

3.10. Netherlands

3.11. Austria

3.12. Portugal

3.13. Finland

3.14. Sweden

3.15. United Kingdom

Section 4: Inland waterway network

4. Europe

Section 5: Seaports

Projects of common interest involving seaports are identified in this Decision by the criteria in Annex II and can be located in any port of a Community Member State. Since it is impossible to show all ports on one map, there is no map of seaports in Annex I.

Section 6: Airports

6.0. Europe

6.1. Belgium/Denmark/Germany/Luxembourg/ Netherlands/Austria

6.2. Greece

6.3. Spain/Portugal

6.4. France

6.5. Ireland/United Kingdom

6.6. Italy

6.7. Finland/Sweden

Section 7: Combined transport network

7.1. A. Rail

B. Large-scale rail

7.2. Inland waterways

NB: The term 'planned' in the map key covers all stages of an infrastructure project of common interest from preliminary studies until construction.

SECTION 2 ROAD NETWORK

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

> REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

> REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

SECTION 3 RAIL NETWORK

> REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

> REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

SECTION 4 INLAND WATERWAY NETWORK

>REFERENCE TO A FILM>

SECTION 6 AIRPORTS

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

SECTION 7 COMBINED TRANSPORT NETWORK

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

>REFERENCE TO A FILM>

(*) The maps relate to the corresponding sections mentioned in the enacting terms and/or Annex II.

ANNEX II

CRITERIA AND SPECIFICATIONS FOR PROJECTS OF COMMON INTEREST (*)

Section 2: Road network

Section 3: Rail network

Section 4: Inland waterway network and inland waterway ports

Section 5: Seaports

Section 6: Airports

Section 7: Combined transport network

Section 8: Shipping information and management network

Section 9: Air traffic control network

Section 10: Positioning and navigation network

SECTION 2

ROAD NETWORK

In addition to projects relating to the links in Annex I projects of common interest will be deemed to include any infrastructure project relating to such links which deals with:

A. Development of the network, and in particular:

- widening of motorways or upgrading of roads,

- construction or improvement of bypasses or ring roads,

- increasing the interoperability of national networks.

B. Development of traffic-management and user-information systems, and in particular:

- establishment of telematic infrastructures for collecting traffic data,

- developing traffic information centres and traffic control centres, as well as exchanges of data between traffic information centres in different countries,

- establishing road information services, in particular the RDS-TMC system (1),

- technical interoperability of telematic infrastructures.

SECTION 3

RAIL NETWORK

In addition to projects relating to the links in Annex I, projects of common interest will be deemed to include any infrastructure project relating to such links which deals with:

- interoperability between trans-European railway systems,

- interconnection with networks of other modes of transport.

SECTION 4

INLAND WATERWAY NETWORK AND INLAND WATERWAY PORTS

Inland waterway ports

In addition to projects relating to the connections mentioned in Annex I, projects of common interest will be deemed to include any infrastructure project on:

A. Inland waterway ports within the meaning of Article 10 (3) which fulfil all of the following conditions:

1. are located on the network of inland waterways as shown in the plan in Annex I;

2. are interconnected with other trans-European routes;

3. presence of transhipment installations, in particular:

- transhipment centres,

- container terminal,

- roll-on/roll-off.

B. Categories of project

1. Access to the port from inland waterways

2. Port infrastructure inside the port area

3. Other transport infrastructures inside the port area

4. Other transport infrastructures linking the port to other elements of the trans-European transport network.

Traffic Management

Projects of common interest will be deemed to include any infrastructure project relating to technical and informatics installations for management of traffic on the network.

SECTION 5

SEAPORTS

1. Categories of port and port-related projects of common interest

Infrastructure projects in or related to ports should come under one or more of the following categories:

A. Access to the port from the sea or inland waterway, including capital costs for ice-breaking works during winter

B. Port infrastructure inside the port area

C. Inland transport infrastructure inside the port area

D. Inland transport infrastructure links which provide access to sections of the trans-European transport network.

2. Specific aims of projects

Port and port-related infrastructure projects of common interest should meet one or more of the following specific aims:

- facilitating the growth of intra and extra-Community trade,

- supporting the principle of sustainable mobility by helping to relieve congested land corridors and to minimize the external costs of European transport by, for example, increasing the maritime share of total traffic and in particular by promoting coastal navigation,

- improving accessibility and strengthening economic and social cohesion in the European Community by promoting the development of internal maritime links, paying particular attention to island and remoter regions of the Community,

- allowing permanent access to Baltic Sea ports located around and above 60°N normally ice-locked in winter.

3. Specific conditions to be met

Projects must contribute to:

- integrating traffic into a trans-European transport network or a multimodal transport chain,

or

- greater use of environment-friendly transport.

SECTION 6

AIRPORTS

I. Eligibility criteria for airports of common interest

Airports of common interest must meet the criteria of one of the following connecting points:

1. International connecting points will include:

- all airports or airport systems (1) with a total annual traffic volume of no less than:

- 5 000 000 passenger movements minus 10 %, or

- 100 000 commercial aircraft movements, or

- 150 000 tonnes freight throughput, or

- 1 000 000 extra-Community passenger movements, or

- new airports in replacement of existing international connecting points for which further development on the existing site is not possible.

2. Community connecting points will include:

- all airports or airport systems with an annual traffic volume of:

- between 1 000 000 minus 10 % and 4 499 999 passenger movements, or

- between 50 000 and 149 999 tonnes freight throughput, or

- between 500 000 and 899 999 passenger movements of which at least 30 % are non-national, or

- between 300 000 and 899 999 passenger movements and located off the European mainland at a distance of over 500 km from the nearest international connecting point, or

- any new airport set up to replace an existing Community connecting point which cannot be developed further on its site.

3. Regional connecting points and accessibility points will include all airports:

- with an annual traffic volume of between 500 000 and 899 999 passenger movements of which less than 30 % are non-national, or

- with an annual traffic volume of between 250 000 minus 10 % and 499 999 passenger movements, or

- with an annual traffic volume of between 10 000 and 49 999 tonnes freight throughput, or

- located on an island of a Member State, or

- located in a landlocked area of the Community with commercial services operated by aircraft with a maximum take-off weight in excess of 10 tonnes.

An airport is located in a landlocked area if it is situated outside a radius of over 100 km of the nearest international or Community connecting point. This distance may, by way of exception, be reduced to 75 km in order to take account of difficult access due to the geographical situation or the poor quality of the inland infrastructure.

II. Specifications for projects of common interest related to the airport network

All projects will qualify as projects of common interest if they meet the following specifications:

>TABLE>

SECTION 7

COMBINED TRANSPORT NETWORK

In addition to the projects relating to links in Annex I, projects of common interest will be deemed to include any project concerning:

- construction or adaptation of railway or inland waterway infrastructures in order to make the transport of intermodal loading units technically possible and economically viable,

- construction or adaptation of centres for transfers between inland types of transport, including the setting up of fixed or mobile transhipment equipment,

- adaptation of port areas making it possible to develop or improve the transfer of containers between sea transport and rail, inland waterway or road transport,

- railway transport equipment specially adapted to combined transport where so required by the nature of the infrastructure, particularly as regards the cost of the possible adaptation of such infrastructure and subject to the use of such equipment being associated with the infrastructure in question and the operators concerned being able to benefit on a non-discriminatory basis.

SECTION 8

SHIPPING INFORMATION AND MANAGEMENT NETWORK

Projects of common interest will be deemed to include any project:

- relating to the specific aims of Community shipping safety policy, or

- designed to implement international conventions and resolutions of the International Maritime Organization (IMO) in the area of shipping safety and concerning:

- implementation of the Community system of notification of vessels bound for or coming from Community ports, or transiting off Community coasts, through an electronic system of data exchanges also including transmission of data between vessels and land installations via transponders. Particular attention will be given to EDI (electronic data interchange) electronic systems of data exchange including compatible interfaces,

- the development and improvement of the Loran-C land-based radionavigation channels,

- the development or improvement of coastal and port shipping management and information systems (STM) and their interconnection, with a view to safer and more effective surveillance and management of shipping, in particular in converging, busy, or environmentally sensitive areas,

- the development of tools to improve understanding of traffic: databases on traffic flows and shipping accidents, development of the European permanent traffic observatory (EPTO) tool for analysing traffic flows,

- the development of infrastructure and equipment in order to further the implementation of the Global Maritime Distress and Safety System (GMDSS),

- the improvement of telematic data exchange systems in the context of port State control of vessels.

SECTION 9

AIR TRAFFIC CONTROL NETWORK

Projects of common interest are deemed to include any project leading to an increase in the capacity of the system and optimizing its use, which forms part of a pattern of harmonization and integration of the facilities and procedures of the various national connecting points and complies with the relevant international standards defined by the International Civil Aviation Organization (ICAO) and by the competent European bodies, in particular the European Organization for the Safety of Air Navigation (Eurocontrol).

Such projects relate to:

- studies on better utilization of airspace by the various users and the establishment of a consistent and efficient system of routes,

- air traffic planning and management which helps supply keep pace with demand and makes optimal use of available control capacities,

- the studies and work necessary for the harmonization of facilities and procedures so as to integrate the various service providers taking particular account of the guidelines adopted by the European Civil Aviation Conference (ECAC),

- the improvement of system productivity, in particular by means of automated control assistance and potential conflict detection and resolution systems,

- contributions to the installation of means of communication, navigation and surveillance necessary for air traffic control, including the promotion of new technologies, in particular satellites and digital data networks, where that leads to compliance with European common specifications.

SECTION 10

POSITIONING AND NAVIGATION NETWORK

Projects of common interest are deemed to include any project relating to the establishment of any component of the future European Radio Navigation Plan or of a global satellite positioning and navigation system forming part of the following structure:

- control centre comprising a processing and control system,

- network of earth navigation stations,

- space segment composed of satellites enabling navigation signals to be transmitted,

- network of surveillance stations.

(*) These criteria and specifications refer to the corresponding sections referred to in the enacting terms and/or Annex I.

(1) A radio-based digital road traffic message system in which the general message stream can be tuned to the individual needs of the road user.

(1) Airport systems: OJ No L 240, 24. 8. 1992, p. 14.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 7 April 1994 the Commission submitted a proposal for a Decision, based on the first paragraph of Article 129d of the EC Treaty, on Community guidelines for the development of the trans-European transport network (1), and on 27 February 1995 it submitted a proposal for amendment (2).

The European Parliament delivered its opinion on the proposal on 18 May 1995 (3). The Economic and Social Committee delivered its opinion on 23 November 1994 (4). The Committee of the Regions delivered its opinion on 27 September 1994 (5).

Following the opinion of the European Parliament, on 19 June 1995 the Commission submitted a second proposal for amendment (6).

The Council adopted its common position on 28 September 1995 in accordance with Article 189b of the Treaty.

II. OBJECTIVE OF THE PROPOSAL

The purpose of the proposal is to implement, by means of a Decision, the provisions of the first paragraph of Article 129c (1) of the Treaty by establishing common guidelines for the development of the trans-European transport network. The objective of the proposed guidelines is to integrate the specific guidelines for each transport mode into a single Decision.

This Decision therefore replaces the three 'modal' Decisions adopted by the Council on 29 October 1993 (road, inland waterway and combined transport networks (7)) and also covers railways, ports, airports and the information and management systems for the whole network.

The proposal lays down that Europe-wide integration of the networks will be effected gradually on the basis of interconnection and interoperability measures in order to achieve a more rational utilization of the different modes of transport and fuller exploitation of their specific advantages, while preserving the environment.

The proposed guidelines mark the beginning of a process of long-term development towards 2010. They may be seen as providing a general framework setting out objectives and indicating the development planned for the networks and the measures to be taken to achieve it.

The proposed guidelines constitute the basis for identifying projects of common interest in the context of the networks.

III. ANALYSIS OF THE COMMON POSITION

The Council's common position corresponds in substance to the Commission's amended proposal, which incorporates several amendments adopted by the European Parliament. It includes the main outline, structure and essential elements of the proposal.

However, the common position contains a number of amendments; the main ones, which are set out in Section 1, involve not including in the Decision the specific provision on the need for environmental protection, nor the new Annex III containing a list of priority infrastructure projects.

In addition, it does not include a number of European Parliament amendments concerning infrastructure projects intended for representation on the maps in Annex I to the draft Decision.

1. (a) Inclusion in the Decision of a specific provision on the need for environmental protection

In accordance with the European Parliament's amendment 12, the amended proposal contains a new Article 7 providing for environmental aspects to be taken into consideration at every stage of the development of the network, from planning to design and construction, thus giving pre-eminence to environmental protection. This provision should enable the optimal approach to be adopted during environmental-impact assessment of a project, taking several alternative solutions into consideration.

The amended proposal also contains several references to environmental protection, both in the preamble and in the enacting terms, in order to act on certain amendments made by the European Parliament. Thus, in accordance with European Parliament amendments 1 and 144, the Commission has added recitals 2a and 3 to its proposal and, in accordance with amendment 6, it has inserted provisions concerning the environment in the first and fourth indents of Article 2 (2).

In its common position, the Council considers that there is no need to include an Article devoted specifically to environmental protection, since the Decision already covers the necessary points in this respect in its enacting terms and Annexes, and the explicit references which it contains should be adequate. The common position contains explicit references to environmental protection in the following provisions:

- the seventh recital, which partly reproduces the Commission's proposed Article 7 (b), states that Member States must take environmental protection into account in accordance with relevant Community law,

- Article 2 (2) (a), in accordance with part of the European Parliament's amendment 6, includes environmental objectives among the objectives of the trans-European network,

- Article 5 (h) incorporates the integration of the environmental dimension in the implementation and development of the network among the priorities for Community action in the field of the trans-European network,

- among the criteria with which an infrastructure project must comply to be regarded as a project of common interest, Article 7 (1) lays down that it must pursue the objectives referred to in Article 2 and correspond to the priorities referred to in Article 5,

- Article 14, referring to the shipping management and information system, mentions environmental protection as one of the objectives of the network.

The Council stresses that any infrastructure project has an effect on the environment, but points out that Member States are bound to respect national and Community legislation on environmental protection at every development phase of a project, therefore taking into account the option least damaging for the environment.

(b) Inclusion of new Annex III in the Decision

- re new paragraph 3 of Article 6 of the amended proposal

New paragraph 3 of Article 6 of the Commission's amended proposal provides for the inclusion in the Decision of a new Annex III, containing a non-exhaustive list of projects due to begin within the next five years. The substance of this provision corresponds to that part of European Parliament amendment 162 (Article 7 (3)) which provides for the inclusion of an Annex III containing a list of infrastructure projects to be undertaken and, if possible, carried out within the next five years.

The Council did not adopt this new provision. It considers that the setting of priorities for projects to be carried out is an economic and financial decision to be taken in the framework of the Regulation on Community financial aid rather than in the planning of networks.

This setting of priorities does not therefore belong in the Decision, which is solely intended to identify projects of common interest.

- re Annex III

Since the Council did not adopt Annex III, it did not adopt the European Parliament amendments relating to that Annex, namely amendments 131, 133 to 141, 154, 166 to 168, 171, 188 and 241. The purpose of these amendments is to amend the projects proposed by the Commission or to add others.

The Commission could not agree to any of those amendments.

(c) Amendment to the maps in Annex I

The Commission's amended proposal contains a number of the amendments adopted by the European Parliament relating to infrastructure projects to be represented on the maps in Annex I to the Decision.

The purpose of these amendments is either to add new links to the trans-European transport network or to remove existing or planned links from the maps, or to make other modifications. The Council adopted some of the European Parliament amendments in whole or in part, whether or not contained in the amended proposal.

However, it could not adopt all the amendments. The Member States concerned felt that some projects aiming to add new links were not of common interest, while certain projects providing for the abolition of links were in fact of genuine common interest.

The Council's common position on all the European Parliament amendments in question is set out in sections IV.1 and IV.2 (re Annex I).

2. Furthermore, the Council's common position introduces new provisions, of which the main ones are set out below, contained neither in the amended proposal nor in the European Parliament amendments.

In Article 8, a new subparagraph has been added to paragraph 1 to complete the characteristics of the road network.

In Article 9 (2) a third indent has been added which includes in the high-speed rail network a category of lines specially adapted to deal with certain special situations.

In Article 12, on airports, the Council has maintained the classification of airports into three distinct categories depending on their function, as the Commission proposes, but has modified the terminology for the three types of connecting points:

- 'international connecting points' instead of 'Community connecting points',

- 'Community connecting points' instead of 'regional connecting points',

- 'regional connecting points and accessibility points' instead of 'accessibility points'.

In Article 19, the Council provides for the repeal of Decision 78/174/EEC (1), on the grounds that the Transport Infrastructure Committee set up by that Decision was no longer able to carry out all the tasks arising out of the Decision. It is pointed out that Article 17 of the draft Decision provides for the setting up of a Committee on the trans-European transport network (see Section IV.1).

In Annex I some links relating to the road, rail (some rail lines have also been downgraded or reclassified) and combined (rail and inland waterway) and inland waterway networks have been deleted from or added to the maps.

In Annex II:

- In Section 5, dealing with seaports, capital costs for ice-breaking have been added to the category of port and port-related infrastructure projects relating to access to the port from the sea or inland waterways,

- in Section 6, on airports, the specifications of the projects have been modified compared with the Commission proposal, so that Action 3 concerns all connecting points and Actions 5, 6 and 8 concern both international connecting points and Community connecting points.

It is pointed out that new Annex II contains the detailed criteria and technical specifications for identifying projects of common interest concerning seaports, airports, the air traffic management network and the positioning and navigation network. That Annex also contains the criteria and specifications for regarding as projects of common interest additional projects relating to the road, rail, inland waterway and combined transport networks and which refer to the links set out in Annex I.

IV. EUROPEAN PARLIAMENT AMENDMENTS

1. Amendments of the European Parliament taken up by the Commission and adopted by the Council

re Articles

The Council has followed the Commission proposal in accepting, in substance if not to the letter, the following European Parliament amendments:

- amendment 5 to Article 1 (1) and (2), relating to the objectives and nature of the guidelines established by the Decision,

- in Article 1 (3), that part of amendment 7 which concerned the insertion of a new paragraph 2b in Article 3, entrusting the definition of the basic requirements for interoperability and telecommunications systems to separate legislation,

- amendment 6 in Article 2, which stipulates that the network shall be put in place following the outline plans indicated on the maps in Annex I and/or the specifications laid down in Annex II, and which adds to the detailed objectives in particular the strengthening of economic and social cohesion,

- that part of amendment 7, concerning paragraphs 1, 2 and 2a of Article 3, which defines the components of the trans-European network as transport infrastructures and management systems,

- amendment 8 (with the exception of the last new indent; on this point, see Section IV.2) to Article 4, which concerns the broad lines of Community measures. Under this amendment, three new lines of action have been added,

- amendment 9 (with the exception of the fourth new indent; on this point, see Section IV.2) to Article 5, which concerns the priorities for Community action. Under this amendment, certain priorities have been added or defined in greater detail,

- amendment 10 to Article 6. This Article deals with cooperation with third countries on trans-European transport networks. The procedures to be followed are to be decided on a case-by-case basis by the Council in accordance with the rules of the Treaty,

- that part of amendment 162 to Article 7 (Article 6 of the modified proposal) which concerns paragraphs 1 and 2 concerning the criteria to be respected for a project to be considered of common interest. Article 7 of the common position also specifies in paragraph 2, in accordance with that amendment, the detailed conditions for identifying projects of common interest and defines the potential economic viability of projects depending on the socio-economic costs and benefits.

In paragraph 1 of that Article 7, the Council also took into account amendment 162, providing for the insertion of a paragraph 3c in the Decision, on the compatibility of projects of common interest with the rules of the Treaty relating to competition.

The Council also adopted:

- amendments 14, 16, 21, 24, 30, 32, 34 and 36 intended to simplify the text by deleting the Articles referring to the special conditions for each modal network,

- in Article 9, relating to the characteristics of the rail network, that part of amendment 15 concerning the reference to current or new technologies for equipping specially constructed high-speed lines for speeds generally equal to or greater than 250 km/h,

- amendments 17 to 20 in Article 10, on the inland waterway and port network. The common position includes new provisions on traffic management, namely paragraph 4 and the new Section 4 in Annex II,

- amendment 23 in Article 11, on seaports,

- amendment 26 in Article 14, on the management and information network for shipping, the technical details of this amendment being included in the specifications of Annex II, Section 8.

In Article 15, which concerns the air traffic management network, and in Annex II, Section 9, the Council has adopted the substance of that part of European Parliament amendment 129 which provided for a new Article 16a (1) and (2).

In Article 16, which concerns the positioning and navigation network, the Council has adopted the substance of amendment 37, which amended the title of Section 10.

re Article 17 (1) and (2), concerning the setting up of a 'Committee on the Trans-European Transport Network' at the Commission, which would not be subject to the Council Decision on committee procedures, the Council has followed the Commission's amended proposal (Article 18), which was broadly based on European Parliament amendment 40.

The new committee, of an advisory nature, will exchange information on the plans and programmes notified by Member States to the Commission and may consider any question relating to the development of the trans-European transport network.

It should be pointed out that the European Parliament assigned these new functions to the Advisory Transport Infrastructures Committee created by Decision 78/174/EEC. The Council and the Commission consider that the existing Infrastructures Committee no longer meets the requirements of the new Community tasks relating to the trans-European networks. The common position also contains a new Article 19 providing for the abovementioned Decision 78/174/EEC to be repealed (see Section III.2).

re Article 18

On Article 18 on the guideline revision report which the Commission has to submit every five years, the first time being before 1 July 1999, the Council adopted the substance of amendment 209, the gist of which is also reproduced in the Commission proposal (Article 19).

re Annex I

European Parliament amendments chiefly concerning the road, rail and combined transport networks

1. Addition of new infrastructure projects

Amendments adopted by the Council

(a) taken up by the Commission:

43 to 46, 48, 49/51, 57, 58 (partially),

60 (partially), 63, 66, 75, 77, 80 (partially), 83, 85,

86 (partially), 94, 97 (COM: partially), 99 to 102,

103/106, 105, 107, 110, 147, 151 (partially), 159, 169, 174, 234

and 235 (COM: partially);

(b) not taken up by the Commission

52, 53, 56, 81 (Council: partially).

2. Deletion of existing or planned links from the maps

Amendments adopted by the Council

(a) taken up by the Commission:

55 (COM: partially), 71 (downgrading of line);

(b) not taken up by the Commission

47.

3. Other measures relating to the infrastructure projects

Amendments taken up by the Commission and adopted by the Council

64, 69.

re Annex II

In accordance with the Commission's amended proposal, which incorporates European Parliament amendment 129, the detailed list of projects for the road, rail, inland waterway and combined transport networks which was contained in the original Commission proposal has been deleted following a better representation of the projects in the maps in Annex I.

2. European Parliament amendments not adopted by the Council

(a) taken up by the Commission

re the recitals

As explained above in Section III 1 (a), the Council considered that there was no need to include amendments 1 and 144, the purpose of which was to include in the Decision recitals on environmental protection and the use of the least harmful modes of transport.

Nor did the Council adopt:

- amendment 3 explaining, in the sixth recital, that the evaluation of the projects must include a comparative analysis of possible alternative solutions for the infrastructure concerned. The Council considered that it was not possible, at this stage of development of the guidelines, to envisage accommodating such a request,

- amendment 4, seeking to insert in the Decision a new recital referring to the Commission White Paper on Growth, Competitiveness and Employment in order to stipulate that investment in trans-European networks should be proportionate to the jobs to be created in the various regions. The Council considered that the objectives of this Decision should be the more general ones contained in Article 2, and not specifically those contained in the White Paper, which centre mainly on financial decisions.

Furthermore, the Commission's amended proposal only partly takes up this amendment (recital 6a). (See also amendment 8, re Article 4).

re Articles of the common position

re Article 2

As explained in Section III.1 (a), the Council did not adopt that part of amendment 6 which concerns the need to take account of the comparative environmental advantages of all the modes of transport (Article 2 (2), fourth indent).

re Article 4

The Council included in the broad lines of Community measures in Article 4 of the common position the optimum combination of modes of transport, in particular by creating interconnection centres. In fact the Council deemed it sufficient to adopt part of amendment 8, which provides for the creation of interconnection centres close to large conurbations. In its view too great a stimulus to initiatives to be taken at national, regional or local level should not be given for reasons of subsidiarity.

re Article 5

The Council did not adopt that part of amendment 9 (Article 5, fifth indent, of the amended proposal) which seeks to include in the priorities for Community action the completion of projects of particular economic interest, assessed in the light of a cost-benefit analysis which takes into account their effect on the environment and their contribution to economic and social cohesion. It took the view that the particular economic interest of a project was always taken into consideration as part of the process of choosing projects of common interest, but that this element should not be over-emphasized, as it was not the only one to be taken into account.

re Article 7

As set out in Section III.1 (b), the Council did not adopt that part of amendment 162 which seeks to include in the decision a paragraph 3 on the insertion of a new Annex III. Nor did it adopt that part of amendment 162 which seeks to add a new paragraph 3b to Article 7 (Article 6 (4) of the amended proposal) laying down that Member States shall take all appropriate measures to give effect to the network structure plans and in particular to facilitate and accelerate implementation of the projects of common interest.

The Council considered that this aspect was already taken into account in Article 1 (2), which lays down that the guidelines are a general reference framework intended to encourage the Member States and, where appropriate, the Community in carrying out projects of common interest.

re Annex II

Section 4: Inland waterway network and inland ports

Section 4 of the common position gives the specifications for projects of common interest relating to inland ports and the specifications concerning traffic management on the inland waterway network.

The Council did not adopt amendment 19, which is, on the other hand, included in the amended proposal, and which lays down that the management network shall comprise a notification and management system for vessels carrying dangerous goods or goods which are harmful to the environment, and communications systems for emergency situations and safety on inland waterways.

It considered that this amendment was already covered by the provisions of Section 4 of the common position.

Nor has the Council adopted that part of amendment 129 which is included in the amended proposal and which sets out the quantitative selection requirements for inland ports. It considered that, by analogy with the provisions of the common position for seaports, there were no grounds for requiring quantitative criteria to be met (annual traffic volume).

re European Parliament amendment 39 and Article 17 of the Commission's amended proposal

Definition of common interest

In accordance with amendment 39, the Commission's amended proposal (Article 17) allows for an extra provision to be included in the Decision, allowing the Commission, on request, to define a project as being of common interest within the meaning of the Decision.

The Council considered that this defining procedure was not part of the system outlined in Articles 129b and 129d of the Treaty, inasmuch as projects of common interest must be completely identified by the Decision and procedures will be laid down for financing these projects in the future Financial Regulation for the trans-European networks or by Regulation (EC) No 1164/94 setting up the Cohesion Fund (1).

(b) not taken up by the Commission

re Articles of the common position

re Article 4

The Council did not adopt that part of amendment 8 which seeks to include in Article 4, among the broad lines of Community measures, studies based on cost-benefit analyses for the regions concerned and the creation of lasting jobs, which shall be in reasonable proportion to the investment volume (see Section IV.2, the comments on amendment 4). In accordance with the amended proposal, the Council considered that the investment provided for should more generally conform to the objectives of Article 2.

re Article 7

The Council did not adopt those parts of amendment 162 which seek to add paragraphs 3a and 3d to Article 7.

Accordingly, in line with the Commission's amended proposal (Article 6), it did not adopt:

- paragraph 3a, which provides for (non-priority) projects to be evaluated on the basis of their compatibility with non-Community networks. The Council considered that this aspect was adequately covered by Article 6 of the common position,

- paragraph 3d, which lays down that all financial aid from the Community in the field of the trans-European transport networks should be compatible with environmental requirements. The Council argues that questions concerning Community financial aid should be settled in the framework of the specific Community implementing legislation.

re Article 8

The Council did not adopt amendment 13, which seeks to delete the main characteristics of the road network. It shared the Commission's opinion that the objective of the guidelines was precisely to give indications for the development of the whole network and its components.

re Article 9 (5)

In line with the Commission's amended proposal (Article 9 (2)), the Council did not adopt that part of amendment 15 (Article 10 (2)) which seeks to delete the main characteristics of the rail network (see above, comments on Article 8, amendment 13).

re Article 11

While the Commission's amended proposal (Article 11 (2)), incorporating amendment 25, provides for the Decision to include a specific paragraph in favour of developing short sea shipping, the Council deemed it sufficient to explain the function of ports in coastal shipping, indicating in Article 11 that port infrastructures also offered coastal shipping services for links within the Community and with third countries.

re Article 13

In line with the Commission's amended proposal (Article 13), the Council thought that it was not possible, at least at this stage, to adopt amendment 31 seeking to include air links suited to such transport in the trans-European combined transport network.

re Article 17 (3)

The amended proposal lays down that the Commission shall submit an annual report on the implementation of the guidelines to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Article 17 (3) of the common position provides that the Commission shall submit such a report every two years. Amendment 41 provides that in the abovementioned annual report, the Commission shall in particular ensure precise follow-up, region by region, of the effects produced in terms of job creation and increased revenue.

In line with the Commission proposal, the Council has not adopted this amendment, deeming that as large infrastructure projects often take a long time to construct an annual regional report would be inadequate.

re Article 18

As set out in Section IV.1, Article 18 lays down that the Commission shall, every five years, and for the first time before 1 July 1999, submit a report to the European Parliament and the Council on the revision of the guidelines established by the Decision.

In line with the amended proposal (Article 19), the Council has not adopted amendment 163, which requests the Commission to propose, within a period of two years from the adoption of the Decision, minimum environmental standards and a Community pipeline network.

The Council thought that there were no grounds for adopting this amendment and pointed out that the Commission argues, in the explanatory memorandum to the amended proposal, that the deadline imposed is too short, and that in any case the Decision is addressed to the Member States.

re Annex I

European Parliament amendments mainly concerning the road, rail and combined transport networks

1. Addition of new infrastructure projects

Amendments not adopted by the Council

(a) taken up by the Commission:

65, 67, 68, 70, 73, 74, 89, 96 (COM: partially), 108,

148 (COM: partially), 153, 165;

(b) not taken up by the Commission:

50, 54, 72, 76, 78, 79, 82, 84, 91, 93, 95, 98, 104, 109, 142, 155, 164, 170, 175.

2. Deletion of infrastructure projects or parts thereof

Amendments not adopted by the Council and not taken up by the Commission

59.

3. Other measures relating to infrastructure projects

Amendments not taken up by the Commission and not adopted by the Council

61, 62, 87, 112, 113, 114, 128.

It is pointed out that as all ports cannot be shown on one map, the Council felt that Annex I should not contain any seaport map. European Parliament amendments 115 to 127 concerning seaports have not therefore been taken into account. Projects of common interest concerning these ports are identified in the Decision by the criteria set out in Annex II and may be situated in any port in a Community Member State.

(1) OJ No C 220, 8. 8. 1994, p. 1.

(2) OJ No C 97, 20. 4. 1995, p. 1.

(3) See 7345/95 PE-RE 37.

(4) OJ No C 397, 31. 12. 1994, p. 23.

(5) Doc. CdR 176/94.

(6) 8361/95 TRANS 98 ECOFIN 104.

(7) Decision 93/628/EEC on the creation of a trans-European combined transport network (OJ No L 305, 10. 12. 1993, p. 1); Decision 93/629/EEC on the creation of a trans-European road network (OJ No L 305, 10. 12. 1993, p. 11); Decision 93/630/EEC on the creation of a trans-European inland waterway network (OJ No L 305, 10. 12. 1993, p. 39).

(1) Decision instituting a consultation procedure and setting up a committee in the field of transport infrastructure (OJ No L 45, 25. 2. 1978, p. 16).

(1) OJ No L 130, 25. 5. 1994, p. 1.