COMMISSION OF THE EUROPEAN COMVTUNITIES 
C0M(93)115 final 
Brussels, 19 Apr I I 1993 
AMENDMENTS TQ THE PROPOSAL 
FOR A COUNCIL REGULATION 
Introducing a declaration of European Interest to facilitate 
the establishment of trans-Eurooean networks In the transport domain 
AMENDMENTS TO THE PROPOSAL 
FOR A COUNCIL REGULATION 
Introducing a declaration of European Interest to facilitate 
the establishment of trans-European networks In the electricity and 
natural gas domain 
AMENDMENTS TO THE PROPOSAL 
FOR A COUNCIL REGULATION 
tntr9<faÇlnfl « declaration Qf European Interest tQ facilitate the 
establishment of trans-European networks In the telecommunications domain 
(presented by the Commission) 
A 
I. EXPLANATORY MEMORANDUM 
1. At its sitting on 20 November 1992, the European Parliament delivered 
its opinion1 on the three proposals for Council Regulations introducing a 
declaration of European interest in the transport, electricity and natural 
gas, and telecommunications domains. 
2. At its meeting on 1 July 1992, the Economic and Social Committee had 
also given an opinion2 on these proposals. 
3. Since the legal bases are different in the three areas concerned 
(transport, telecommunications and energy), the Commission has presented 
three separate proposals for Regulations, but these are identical in 
substance. The present proposal takes account of the amendments put forward 
by Parliament and the Economic and Social Committee and deemed acceptable by 
the Commission. In inserting them in the three proposals the Commission was 
anxious to preserve the uniformity and consistency of the three texts; 
consequently, certain amendments have not been incorporated as drafted 
either because a different wording appeared preferable or because the text 
put forward was not the same in all three areas. 
4. The Commission was, however, unable to accept two of the proposed 
amendments: 
(i) Amendment No 2 in the transport domain (amendment No 4 in the case 
of energy and telecommunications), whereby Member States would be 
invited to examine what financial or tax advantages can be granted 
to projects. In the Commission's view, it is for the Member States 
to take any such initiatives, and the granting of the declaration 
should not confer on projects an entitlement to finance at any 
stage; 
(ii) Amendment No 10 in the transport domain (amendments Nos 14 and 15 in 
the case of energy and No 13 in the case of telecommunications). 
This would expand point 5 of the eligibility conditions by providing 
that the environmental impact of the project must be acceptable and 
that the scope of the environmental impact study must extend beyond 
the frontiers of the Community in the case of cross-border projects 
involving a third country. The Commission takes the view that this 
amendment would impose constraints that could not be observed and 
would be incompatible with Directive 85/337/EEC. 
1 Opinion delivered on 20 November (not yet published). 
2 0J No C 287 of 4 November 1992. 
- 2 -
AMENDMENTS TO THE PROPOSAL 
FOR A COUNCIL REGULATION 
Introducing a declaration of European Interest to facl Mtate_iho_ 
establishment of trans-European networks In the transport domain 
In response to the opinions delivered by Parliament on 20 November 1992 and 
by the Economic and Social Committee on 1 July 1992 on the proposal for a 
Council Regulation introducing a declaration of European interest to 
facilitate the establishment of trans-European networks in the transport 
domain, the Commission has, in accordance with Article 149(3) of the Treaty 
establishing the European Economic Community, decided to amend that proposal 
as fo11ows: 
- The fifth recital Is amended as follows: 
"Whereas a determination by the Community institutions to promote and 
facilitate the implementation of projects recognized as being of European 
interest and as being sound In socio-economic terms is likely to 
facilitate their financing privately-,"; 
- The following recital is inserted between the ninth and tenth recitals: 
"Whereas» at all events, this declaration should nevertheless constitute 
grounds for considering whether the project can be supported by means of 
a Community financial Instrument or by measures taken by the 
Member States;": 
- The following paragraph is added to Article 2: 
"In tha event of such a declaration being granted, the Commission shall 
consider, within the limits of its powers and in accordance with the 
provisions governing the corresponding instrument, whether the project in 
Question may receive aid from one of the financial instruments of the 
Community.": 
- The following paragraph is added to Article 3: 
"A project in respect of which a declaration of European interest is 
sought mav be submitted by any Member State concerned, by the regional 
or local authorities or by one or more project promoters.": 
- The third and fourth paragraphs of Article 4 are amended as follows: 
"If, following this evaluation, the Commission considers that the 
conditions have been satisfied, it shall invite the Member States 
concerned to make known their observations within a period of not more 
than three months. 
The Commission shall also publish a description of the project, its main 
features and a stateir.ont as to its eligibility for a declaration of 
European interest in the Official Journal of ths European Communities, 
.'.'ith a view to allowing other interested parties io express their views. 
Interested parties shall have two months from '.he date of pub' icivt ic•:•; 
within which to rr.ake known their opinions to the Commission."; 
- 3 -
The second paragraph of Article 5 is amended as follows: 
"The grant of the declaration of European interest to a project shall be 
decided by the Commission in accordance with the procedure laid down in 
Article 6, within six months of the date on which a complete dossier was 
submitted to the Commission In accordance with the conditions laid down 
In the Annex. In duly Justified circumstances the Commission may extend 
this period."; 
The following paragraph is added to Article 7: 
"The Commission shall Inform the European Parliament each year of the 
projects which have been granted a declaration of European Interest and 
of those which have been rejected. giving the. reasons far sjucJi 
rejections.": 
Point 1 of the Annex is amended as follows: 
"The project must generate direct POSItIve effects in the Community. A 
joint project involving one or more Member States of the Community and 
one or more third countries may also be submitted for consideration for 
a declaration of European interest."; 
The following is added to Point 2 of the Annex: 
"The project must be clearly described and defined in all its aspects 
(nature and content of the project, objectives and expected economic and 
social benefits, participants, future users, populations and local 
communities concerned, location, timetable for implementation, technical 
specifications and other relevant information).". 
- 4 -
AMENDMENTS TO THE PROPOSAL 
FOR A COUNCIL REGULATION 
introducing a declaration of European Interest to facilitate tha 
establishment of trans-European networks in the 
electricity and natural gas domain 
In response to the opinions delivered by Parliament on 20 November 1992 and 
by the Economic and Social Committee on 1 July 1992 on the proposal for a 
Council Regulation introducing a declaration of European interest to 
facilitate the establishment of trans-European networks in the electricity 
and natural gas domain, the Commission has, in accordance with 
Article 149(3) of the Treaty establishing the European Economic Community, 
decided to amend that proposal as follows: 
The fourth recital is amended as follows: 
"Whereas a determination by the Community institutions to promote and 
facilitate the implementation of projects recognized as being of 
European interest and as being sound in socio-economic terms is likely 
to facilitate their financing privately;"; 
The following recital is inserted between the eighth and ninth recitals: 
"Whereas, at all events, this declaration should nevertheless constitute 
grounds for considering whether the project can be supported by means of 
a Community financial instrument or by measures taken by the 
Member States:": 
The following paragraph is added to Article 2: 
"In the event of such a declaration being granted, the Commission shall 
consider, within the limits of its powers and in accordance with the 
provisions governing the corresponding instrument, whether the project 
in Question may receive aid from one of the financial Instruments of the 
Community."-. 
The following paragraph is added to Article 3: 
"A project in respect of which a declaration of European interest is 
sought may be submitted by any Member State concerned, by the regional 
or local authorities or by one or more project promoters.": 
The third and fourth paragraphs of Article 4 are amended as follows: 
"If, following this evaluation, the Commission considers that the 
conditions have been satisfied, it shall invite the Member states 
concerned to make known their observations within a period of not more 
than three months. 
The Commission shall also publish a description of the project, its main 
features and a statement as to its eligibility for a declaration of 
European interest in the Official Journal of the European Communities, 
with a view to allowing other interested parties to express their views. 
Interested parties shall have two months from the date of publication 
within which to make known their opinions to the Commission."; 
- 5 -
The second paragraph of Article 5 is amended as follows-. 
"The Commission shall grant the declaration of European interest within 
six months of the date on which a complete dossier was submitted to the 
Commission in accordance with the conditions laid down In the Annex. In 
duly justified circumstances the Commission may extend this period."; 
The following two paragraphs are added to Article 7: 
"The Commission shall Inform the European Parliament each year of the 
projects which have been granted a declaration of European Interest and 
of those which have been rejected. giving the reason? for such 
rejetions. 
The Commission shall also take account of the progress made In the area 
of *nerfly infrastructures in formulating the guidelines for a Community 
pnergy policy; 
Point 1 of the Annex is amended as follows: 
"The project must generate direct DPS 111ve effects in the Community. A 
Joint project involving one or more Member States of the Community and 
one or more third countries may also be submitted for consideration for 
a declaration of European interest."; 
The following is added to Point 2 of the Annex: 
"The project must be clearly described and defined in all its aspects 
(nature and content of the project, objectives and expected economic and 
social benefits, participants, future users, populations and local 
communities concerned, location, timetable for implementation, technical 
specifications and other relevant information).". 
- 6 -
AMENDMENTS TO THE PROPOSAL 
FOR A COUNCIL REGULATION 
Introducing a declaration of European interest to facilitate the 
establishment of trans-Eurooean networks In the telecommunications domain 
In response to the opinions delivered by Parliament on 20 November 1992 and 
by the Economic and Social Committee on 1 July 1992 on the proposal for a 
Council Regulation introducing a declaration of European interest to 
facilitate the establishment of trans-European networks in the 
telecommunications domain, the Commission has, in accordance with 
Article 149(3) of the Treaty establishing the European Economic Community, 
decided to amend that proposal as follows: 
The fourth recital is amended as follows: 
"Whereas a determination by the Community institutions to promote and 
facilitate the implementation of projects recognized as being of 
European interest and as being sound in socio-economic terms is likely 
to facilitate their financing privately;"; 
The following recital is inserted between the eighth and ninth recitals: 
"Whereas, at all events, this declaration should nevertheless constitute 
grounds for considering whether the project can be supported by means of 
a Community financial Instrument or by measures taken by the 
Member States;"; 
The following paragraph is added to Article 2: 
"In the event of such a declaration being granted, the Commission shall 
consider, within the limits of Its powers and in accordance with the 
provisions governing the corresponding Instrument, whether the project 
in guest ion may receive aid from one of the financial instruments of the 
Community:": 
The following paragraph is added to Article 3: 
"A project in respect of which a declaration of European interest is 
sought may be submitted by any Member State concerned, by the regional 
or local authorities or by one or more project promoters.": 
The third and fourth paragraphs of Article 4 are amended as follows: 
"If, following this evaluation, the Commission considers that the 
conditions have been satisfied, it shall invite the Member States to 
make known their observations within a period of not more than three 
months. 
The Commission shall also publish a description of the project, its main 
features and a statement as to its eligibility for a declaration of 
European interest in the Official Journal of the European Communities, 
with a view to allowing other interested parties to express their views. 
Interested parties shall have two months from the date of publication 
within which to make known their opinions to the Commission."; 
- 7 -
The second paragraph of Article 5 is amended as follows: 
"The Commission shall grant the declaration of European interest to a 
project within six months of the date on which a complete dossier was 
submitted to the Commission In accordance with the conditions laid down 
In the Annex. In duly Justified circumstances the Commission may extend 
this per iod."; 
The following paragraph is added to Article 7: 
"The Commission shall Inform the European Parliament each year of the 
projects which have been granted a declaration of European Interest and 
of those which have been rejected, giving the reasons for such 
reject ions/'; 
Point 1 of the Annex is amended as follows: 
"The project must generate direct POSitive benefits in the Community. A 
joint project involving one or more Member States of the Community and 
one or more third countries may also be submitted for consideration for 
a declaration of European interest."; 
The following is added to Point 2 of the Annex: 
"The project must be clearly described and defined in all its aspects 
(nature and content of the project, objectives and expected economic and 
social benefits, participants, future users, populations and local 
communities concerned, location, timetable for implementation, technical 
specifications and other relevant information)." 
ISSN 0254-147S 
COM(93) 115 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-93-142-EN-C 
ISBN 92-77-53898-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg