EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

1.1. Background and objectives

Since the mid 80ies the Trans-European transport network (TEN-T) policy has been setting the policy framework for the development of infrastructure for the smooth functioning of the internal market and for ensuring economic, social and territorial cohesion and improved accessibility across the EU. This led in 1992 to the inclusion of a specific legal basis for trans-European networks in the Maastricht Treaty and in 1994, at the European Council in Essen, to the adoption of a list of 14 major projects.

In 1996 the European Parliament and the Council adopted the first Guidelines defining the TEN-T policy and infrastructure planning[1]. There was a major revision of the Guidelines in 2004, taking into account EU enlargement and the expected changes in traffic flows[2]. Furthermore, the list of 14 priority projects was extended.

Several financial and non-financial instruments have been set up to facilitate the implementation of projects. These instruments include the TEN Financial Regulation[3], the Cohesion Fund, the European Regional Development Fund (ERDF) and loans from the European Investment Bank, along with coordination initiatives by the Commission.

In 2010, in the interest of clarity, the European Parliament and the Council adopted Decision No 661/2010/EU, a recast of the TEN-T Guidelines[4].

To date, transport infrastructure as such is well-developed within the European Union. However, it is still fragmented, both geographically and between and within transport modes. The main objective of these new Guidelines, which will replace Decision 661/2010, is to establish a complete and integrated trans-European transport network, covering all Member States and regions and providing the basis for the balanced development of all transport modes in order to facilitate their respective advantages, thereby maximising the value added for Europe of the network.

In the light of the challenges for the TEN-T policy, also identified by the White Paper 'Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system[5] ("the White Paper"), these Guidelines will define a long-term strategy for the TEN-T policy up to 2030/2050.

1.2. Issues addressed

Five main problems need to be tackled at EU level:

First, missing links, in particular at cross-border sections, are a major obstacle to the free movement of goods and passengers within and between the Member States and with its neighbours.

Second, there is a considerable and enduring disparity in quality and availibility of infrastructure between and within the Member States (bottlenecks). In particular the east-west connections require improvement, through the creation of new transport infrastructure and/or maintenance, rehabilitation or upgrading of existing infrastructure.

Third, transport infrastructure between the transport modes is fragmented. As regards making multi-modal connections, many of Europe's freight terminals, passenger stations, inland ports, maritime ports, airports and urban nodes are not up to the task. Since these nodes lack multi-modal capacity, the potential of multi-modal transport and its ability to remove infrastructure bottlenecks and to bridge missing links is insufficiently exploited.

Fourth, investments in transport infrastructures should contribute to achieve the goals of reduction of greenhouse gas emissions in transport by 60% by 2050.

Finally, Member States still maintain different operational rules and requirements, in particular in the field of interoperability, which add to the transport infrastructure barriers and bottlenecks.

1.3. Fields of action

This proposal aims to establish and develop a complete TEN-T, consisting of infrastructure for railways, inland waterways, roads, maritime and air transport, thereby ensuring the smooth functioning of the internal market and strengthening economic and social cohesion.

To achieve these objectives, the first field of action is "conceptual planning". Based on input from a public consultation of stakeholders, the Commission concluded that the TEN-T could be best developed through a dual-layer approach, consisting of a comprehensive network and a core network.

The comprehensive network constitutes the basic layer of the TEN-T. It consists of all existing and planned infrastructure meeting the requirements of the Guidelines. The comprehensive network is to be in place by 31 December 2050 at the latest.

The core network overlays the comprehensive network and consists of its strategically most important parts. It constitutes the backbone of the multi-modal mobility network. It concentrates on those components of TEN-T with the highest European added value: cross border missing links, key bottlenecks and multi-modal nodes. The core network is to be in place by 31 December 2030 at the latest.

The second field of action concerns the implementation instruments. The Commission has developed the concept of core network corridors, taking due account of the rail freight corridors[6]. These corridors will provide the framework instrument for the coordinated implementation of the core network. In terms of scope, the core network corridors will in principle cover three transport modes and cross at least three Member States. If possible, they should establish a connection with a maritime port. In terms of activities, the core network corridors will provide a platform for capacity management, investments, building and coordinating multi-modal transhipment facilities, and deploying interoperable traffic management systems.

1.4. Consistency with other EU policies and objectives

The proposal fits within the policy announced by the Commission in the White Paper. It is explicitly mentioned as part of Initiative 34 concerning the core network of strategic European infrastructure[7].

In particular, these Guidelines follow the strategy set out in the White Paper: to remove major barriers and bottlenecks in key areas of transport infrastructure. The aim is to create a Single European Transport Area with better transport services and a fully integrated transport network. This will link the different modes and bring about a profound shift in transport patterns for passengers and freight. This shift is necessary to meet the aim of cutting greenhouse gas emissions from transport by 60% by 2050.

Without the support of an adequate network and a smarter approach to using it, no major change in transport will be possible. Infrastructure planning and development are considered essential in order to develop a sustainable transport system.

The proposal will also contribute to the policy goals outlined in the Commission's communication "A Digital Agenda for Europe"[8] by supporting the implementation of intelligent transport systems. It also is one of the measures of the Single Market Act proposed by the Commission in April 2011[9] as the networks are the backbone of the internal market and play a key role in encouraging the fluid and efficient circulation of goods and services.

Furthermore, promoting sustainable transport has been identified as one of the means for achieving one of the three key priorities of the Europe 2020 strategy for smart, sustainable and inclusive growth adopted by the Commission on 3 March 2010[10], namely sustainable growth, by addressing critical bottlenecks, in particular cross border sections and intermodal nodes (cities, ports, logistic platforms).

Moreover, the proposal contributes to the strengthening of territorial cohesion of EU territory - which is one of EU objectives - together with economic and social cohesion.

2. RESULTS OF CONSULTATIONS WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS

2.1. Consultation of interested parties

The Commission carried out a wide and intensive public stakeholder consultation from February 2009 to June 2010.

The Commission launched the consultation process with the adoption of a Green Paper. It opened the debate on key challenges and objectives for TEN-T policy and possible ways to meet them[11].

Building on the contributions from stakeholders, the Commission set up six Expert Groups, which between November 2009 and April 2010 analysed a number of key aspects of future TEN-T development[12]. The Expert Groups' recommendations were included in a Commission Working Document presented for public consultation on 4 May 2010[13].

These public consultations attracted more than 530 contributions in total. A large majority of contributors supported the option of a new dual-layer approach to TEN-T planning, with a comprehensive network as the basic layer and a core network consisting of the strategically most important parts of the TEN-T.

In October 2009 and in June 2010 ministerial and stakeholder conferences were held in Naples and Zaragoza respectively.

In February 2011, the Commission presented to the Council and European Parliament a Staff Working Document[14] that further developed the methodology and the planning and implementation scenarios.

2.2. Collection and use of expertise

In addition to the public stakeholders consultation, the Commission has been in continuous contact with Member States through the committee for monitoring the Guidelines and exchanging information, set up by Decision No 1692/96/EC. Through this committee, which has been meeting on a monthly basis since 2010, the Member States were informed about the progress and content of the revision process.

Furthermore, the Commission services organised several rounds of bi-lateral and multi-lateral meetings with Member States, to discuss in detail the development of the comprehensive network and to present the main features of the core network.

Contacts with individual interested parties have been established through separate meetings, at conferences and through the EU Coordinators at meetings of their respective Priority Projects.

2.3. Impact Assessment

The Impact Assessment identifies four specific objectives for adressing the problem of a fragmented network.

To enhance coordination in EU planning, the first specific objective is to :

- Define a coherent and transparent approach to maximise the EU added value of the TEN-T, addressing aspects of network fragmentation linked to missing links, multimodality, and adequate connections to neighbouring and third countries, as well as to ensure adequate geographical coverage.

With a view to designing a sound governance structure to secure implementation of an optimal network configuration, the other three specific objectives are to:

- Foster the implementation of European standards for management systems and push for the development of harmonised operational rules for TEN-T projects of common interest. This objective does not aim to impose new specific standards and rules, but rather to ensure the effective adoption and implementation of common European standards already developed.

- Enhance Member States cooperation in order to coordinate investments, timing, the choice of routes, and environmental and cost-benefit assessments for projects of common interest.

- Ensure that the optimal network configuration is a key element in the allocation of EU funding allowing for a focus on cross-border sections, missing links and bottlenecks.

Two policy options were the result:

- Option 1, combining a planning approach largely based on the current policy, though with certain amendments in the light of the experience gained, with a reinforced coordination approach to implementation;

- Option 2, combining a stronger approach to planning coordination, through identification of an optimised configuration for the strategic "core" of the TEN-T, with the same reinforced coordination approach to implementation.

Each option would bring significant improvements when compared to the baseline policy approach, both in terms of effectiveness in implementation and in terms of economic, social and environmental impacts. Option 2, due to the stronger coordination at both planning and implementation levels, would have an overall higher positive impact.

2.4. Methodology for the design of the core network

The core network design as included in this proposal is the outcome of a commonly agreed methodology. It has been designed in accordance with the following two-step methodology.[15]

The first step was the identification of main nodes:

- Urban main nodes, comprising all Member States' capitals, all "MEGA" cities according to ESPON and all other large urban areas or conurbations, including their entire relevant multimodal infrastructure as far as part of the comprehensive network; in total 83 urban nodes have been identified and are listed in annex to the Guidelines; the ports and airports directly belonging to the urban node are part of the core network;

- Outside these urban main nodes, ports which exceed a certain volume threshold or fulfil certain geographical criteria; in total, 83 ports are listed in annex to the Guidelines;

- The most relevant border crossing points: one per mode between each Member State and each neighbouring country; in total 46 border crossing points are listed in annex to the Guidelines.

The second step consisted in connecting these main nodes by multimodal links (road, rail, inland waterway), according to availability or feasibility, taking into account effectiveness and efficiency and preferably using existing infrastructure.

3. LEGAL ELEMENTS OF THE PROPOSAL

3.1. Summary of the measures proposed

The proposed Regulation will repeal and replace Decision 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network.

The proposal contains the following main elements:

- TEN-T will be developed gradually through the implementation of a dual layer approach, comprising a comprehensive network and a core network.

- The comprehensive network is to be in place by 31 December 2050 at the latest, whereas the core network is to be implemented as a priority by 31 December 2030.

- The Guidelines set the framework for identifying projects of common interest. These projects contribute to the development and establishment of TEN-T through the creation, maintenance, rehabilitation and upgrading of infrastructure, through measures to promote the resource-efficient use of infrastructure and by enabling sustainable and efficient freight transport services.

- With a view to cooperation with third and neighbouring countries[16] the European Union may promote projects of mutual interest.

- The comprehensive network is specified by:

- maps;

- infrastructure components;

- infrastructure requirements;

- priorities for promoting projects of common interest.

- Freight terminals, passenger stations, inland ports, maritime ports and airports will connect transport modes in order to allow multi-modal transport;

- Urban nodes form key elements in the comprehensive network as connecting points between the different transport infrastructures;

- The guidelines lay down specific requirements for the core network, in addition to the requirements for the comprehensive network, for example availability of alternative fuels. The Commission will monitor and evaluate the progress made in implementing the core network.

- Core network corridors are an instrument for implementing the core network. They are to be based on modal integration and interoperability and lead to coordinated development and management.

- European Coordinators will facilitate the coordinated implementation of the corridors, in cooperation with corridor platforms to be established by Member States concerned.

- Each corridor platform will establish a multi-annual development plan, including investment and implementation plans, as a management structure. Based on this information the Commission will adopt implementing acts (decisions) for each corridor.

- The proposal calls for regular revision of the annexes by means of delegated acts in order to update the maps of the comprehensive network. It also envisages a review of the core network by 2023.

3.2. Legal basis

The legal basis for this proposal is Article 172 TFEU.

3.3. Subsidiarity principle

The coordinated development of a trans-European transport network to support transport flows within the single European market and economic, social and territorial cohesion within Europe requires action to be taken at European Union level, as such action could not be taken individually by Member States. This is particularly the case for cross-border sections.

3.4. Proportionality principle

The proposal complies with the proportionality principle, and falls within the scope for action in the field of the trans-European transport network, as defined in Article 170 of the Treaty on the Functioning of the European Union.

The action envisaged by this proposal is specifically limited to the European dimension of transport infrastructure networks.

3.5. Choice of instrument

The current TEN-T Guidelines were proposed and adopted as a Decision of the European Parliament and of the Council. This Decision is specifically addressed to the Member States, rendering the Guidelines binding in their entirety for all the Member States.

While the Member States have traditionally been the main actors involved in transport infrastructure development and management, developments suggest that this situation has been progressively changing. Regional and local authorities, infrastructure managers, transport operators and other public and private entities have also become key actors in the development of infrastructure.

With more actors besides the Member States becoming involved in the planning, development and operation of TEN-T, it is important to ensure that the Guidelines are binding for all. The Commission has therefore chosen a Regulation as the legal instrument for this proposal.

Moreover, it should be noted that the proposal is intended to cover the period up to 2050. It is therefore difficult to anticipate all categories of actors that could become involved in TEN-T implementation projects in that period.

3.6. European Economic Area

The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.

4. BUDGETARY IMPLICATIONS

The proposal will not entail any additional cost for the EU budget.

5. CONNECTING EUROPE FACILITY

In the context of the Communication on the Multi-annual Financial Framework 2014-2020[17], the Commission has announced the creation of a new instrument at EU level, the ''Connecting Europe Facility", which will finance EU priority infrastructure in transport, energy and digital broadband. The facility will support infrastructures with a European and Single Market dimension, targeting EU support on priority networks that must be implemented by 2020 and where European action is most warranted. The facility will have a single fund of € 50 billion for the period 2014-2020, of which € 31.7 billion will be allocated to transport, out of which €10 billion ring fenced for related transport infrastructures investments inside the Member States eligible under the Cohesion Fund. The Communciation also suggests that infrastructure projects of EU interest that pass through neighbourhood and pre-accession countries should in the future be coordinated and reinforced through the new Connecting Europe Facility.[18]

Together with the Connecting Europe Facility, the present guidelines will establish the priorities for European funding of transport infrastructure.

6. SIMPLIFICATION

The proposal contributes to the simplification of existing rules. Through the new corridor approach and the establishment of corridor platforms, the project preparation can be streamlined.

2011/0294 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Union guidelines for the development of the trans-European transport network

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee[19],

Having regard to the opinion of the Committee of the Regions[20],

Acting in accordance with the ordinary legislative procedure,

Whereas:

1. Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network[21] was recast in the interest of clarity by Decision No 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network[22].

2. The planning, development and operation of trans-European transport networks contribute to the attainment of major Union objectives, such as the smooth functioning of the internal market and the strengthening of economic and social cohesion and also have the specific objectives of allowing the seamless and sustainable mobility of persons and goods and ensuring accessibility for all regions of the Union.

3. These specific objectives should be achieved by establishing interconnections and interoperability between national transport networks in a resource-efficient way.

4. Growth in traffic has resulted in increased congestion on international transport corridors. In order to ensure the international mobility of goods and passengers, the capacity of the trans-European transport network and the use of this capacity should be optimised and, if necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States.

5. As stated in the White Paper on Transport "Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system"[23], the efficiency and effectiveness of transport can be significantly enhanced by ensuring a better modal integration across the network, in terms of infrastructure, information flows and procedures.

6. The White Paper calls for the deployment of transport-related information and communication technology to ensure improved and integrated traffic management and to simplify administrative procedures through improved freight logistics, cargo tracking and tracing, and optimised schedules and traffic flows. As such measures promote the efficient management and use of transport infrastructure they should fall within the scope of this Regulation.

7. The trans-European transport network policy has to take into account the evolution of the transport policy and infrastructure ownership. In the past, Member States were the principal entity in charge of creating and maintaining transport infrastructure. However, other entities, including private, have also become relevant for the realisation of a multimodal trans-European transport network, including for example infrastructure managers, concessionaires or port and airports authorities.

8. The trans-European transport network consists to a large extent of existing infrastructure. This existing infrastructure is managed by different public and private entities. In order to achieve fully the objectives of the new trans-European transport network policy, uniform requirements regarding the infrastructure have to be established in a Regulation in order to be complied with by any entity responsible for the infrastructure of the trans-European transport network.

9. The trans-European transport network should best be developed through a dual layer approach, consisting of a comprehensive network and a core network, these two layers being the highest level of infrastructure planning within the Union.

10. The comprehensive network should be a European-wide transport network ensuring the accessibility of all regions in the Union, including the remote and outermost regions, as also pursued by the Integrated Maritime Policy[24], and strengthening cohesion between them. The guidelines should set the requirements for the infrastructure of the comprehensive network, in order to achieve a high-quality network throughout the Union by 2050.

11. The core network should be identified and implemented as a priority within the framework provided by the comprehensive network by 2030. It should constitute the backbone of the development of a multi-modal transport network and stimulate the development of the entire comprehensive network. It should enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multi-modal connecting points and major bottlenecks.

12. In order to establish the core and the comprehensive network in a coordinated and timely manner, allowing thereby maximising the network benefits, Member States concerned should ensure that the projects of common interest are finalised by 2030 and 2050 respectively.

13. It is necessary to identify projects of common interest which will contribute to the achievement of the trans-European transport network and which correspond to the priorities established in the guidelines.

14. Projects of common interest should demonstrate a clear European added value. Cross-border projects typically have high European added value, but may have lower direct economic effects compared to purely national projects. Therefore, they are likely not to be implemented without Union intervention.

15. As the development and implementation of the trans-European transport network is not solely carried out by Member States, all promoters of projects of common interest such as local and regional authorities, infrastructure managers or other private or public entities should be subject to the rights and obligations of this Regulation, as well other relevant Union and national rules and procedures, when carrying out such projects.

16. Cooperation with neighbouring and third countries is necessary to ensure connection and interoperability between the respective infrastructure networks. Therefore the Union should where appropriate promote projects of mutual interest with those countries.

17. In order to achieve modal integration across the network, adequate planning of the trans-European transport network is required. This also implies the implementation of specific requirements throughout the network in terms of infrastructure, intelligent transport systems, equipment, and services. It is therefore necessary to ensure adequate and concerted deployment of such requirements across Europe for each transport mode and for their interconnection across the trans-European transport network and beyond, in order to obtain the benefits of the network effect and to enable efficient long-range trans-European transport operations.

18. In order to determine existing and planned transport infrastructures for the comprehensive and the core network, maps should be provided and adapted over time to take into account the evolution of traffic flows. The technical basis of the maps is provided by the Commission's TENtec system which contains a higher level of detail concerning the trans-European transport infrastructure.

19. The guidelines should set priorities in order to achieve the objectives within the given time horizon.

20. Intelligent transport systems are necessary to provide the basis for optimising of traffic and transport operations and improving related services.

21. The guidelines should provide for the development of the comprehensive network in urban nodes, as those nodes are the starting point or the final destination ("last mile") for passengers and freight moving on the trans-European transport network and are points of transfer within or between different transport modes.

22. The trans-European transport network, thanks to its large scale, should provide the basis for the large-scale deployment of new technologies and innovation, which, for example, can help enhance the overall efficiency of the European transport sector and curb its carbon footprint. This will contribute towards the Europe 2020 strategy and the Transport White Paper's target of a 60% cut in greenhouse gas emissions by 2050 (based on 1990 levels) and at the same time contribute to the objective of increasing fuel security for the Union.

23. The trans-European transport network has to ensure efficient multi-modality in order to allow better modal choices to be made and large volumes to be consolidated for transfers over long distances. This will make multi-modality economically more attractive for shippers.

24. In order to achieve a high-quality and efficient transport infrastructure across all modes the guidelines should contain provisions regarding the security and safety of passengers and freight movements, the impact of climate change and of potential natural and man-made disasters on infrastructure and accessibility for all transport users.

25. The core network should be a subset of the comprehensive network overlaying it. It should represent the strategically most important nodes and links of the trans-European transport network, according to traffic needs. It should be multi-modal, i.e. include all transport modes and their connections as well as relevant traffic and information management systems.

26. In order to implement the core network within the given time horizon, a corridor approach could be used as an instrument to coordinate on a transnational basis different projects and synchronise the development of the corridor, thereby maximising network benefits.

27. Core network corridors should also address wider transport policy objectives and facilitate modal integration and multi-modal operations. This should allow specially developed corridors that are optimised in terms of energy use and emissions, thus minimising environmental impacts, and are also attractive for their reliability, limited congestion and low operating and administrative costs. An initial list of corridors should be included in the Regulation (EU) XXX/2012 [Connecting Europe Facility], but should be adaptable in order to take account of changes in traffic flows.

28. Designing the right governance structure and identifying the sources of financing for complex cross-border projects would be eased by creating corridor platforms for such core network corridors. European Coordinators should facilitate the coordinated implementation of the core network corridors.

29. In developing core network corridors due account should be given to the rail freight corridors set up in accordance with Regulation (EU) No 913/2010 of 22 September 2010 of the European Parliament and of the Council concerning a European rail network for competitive freight[25] as well as to the European Deployment Plan for ERTMS provided for in Commission Decision 2009/561/EC of 22 July 2009 amending Decision 2006/679/EC as regards the implementation of the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system[26].

30. In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans-European transport network funding should be based on this Regulation and draw on the Connecting Europe Facility[27]. Correspondingly, it should aim at aligning and combining funding from relevant internal and external instruments such as structural and cohesion funds, the Neighbourhood Investment Facility (NIF), the Instrument for Pre-Accession Assistance (IPA)[28], and from financing from the European Investment Bank, the European Bank for Reconstruction and Development and other financial institutions. In particular, when developing the trans-European transport network, Member States should take into account to the ex ante conditionalities applicable to transport as provided for in Annex IV to Regulation (EU) No XXX2012 [Regulation laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006].[29]

31. In order to update the Annexes and in particular the maps to take into account possible changes resulting from the actual usage of certain elements of transport infrastructure analysed against pre-established quantitative thresholds, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to the Annexes. It is of particular importance for the Commission to carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

32. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[30].

33. Since the objectives of the action to be taken, and in particular the coordinated establishment and development of the trans-European transport network, cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of these objectives, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as also set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PRINCIPLES

Article 1 Subject matter

34. This Regulation establishes the Union guidelines (hereinafter "the guidelines") for the development of a trans-European transport network which determine the infrastructure of the trans-European transport network within which projects of common interest and projects of mutual interest are identified.

35. The guidelines specify the requirements to be respected by the entities responsible for management of the infrastructure of the trans-European transport network.

36. The guidelines set out the priorities for the development of the trans-European network.

37. The guidelines provide for measures for the implementation of the trans-European network.

Article 2 Scope

38. The guidelines shall apply to the trans-European transport network which comprises:

39. existing and planned transport infrastructure referred to in paragraph 2, and

40. measures promoting the efficient management and use of such infrastructure.

41. Transport infrastructure of the trans-European transport network consists of:

42. railway transport infrastructure as determined in Section 1 of Chapter II;

43. inland waterway infrastructure as determined in Section 2 of Chapter II;

44. road transport infrastructure as determined in Section 3 of Chapter II;

45. maritime transport infrastructure as determined in Section 4 of Chapter II;

46. air transport infrastructure as determined in Section 5 of Chapter II;

47. infrastructure for multimodal transport as determined in Section 6 of Chapter II;

48. the equipment and intelligent transport systems associated with the transport infrastructure referred to in points (a) to (f).

Article 3 Definitions

For the purpose of this Regulation, the following definitions shall apply:

49. 'project of common interest' means any piece of planned transport infrastructure, of existing transport infrastructure or any modification of existing transport infrastructure that complies with the provisions of Chapter II and any measures providing the efficient management and use of such infrastructure;

50. 'project of mutual interest' means a project involving both the Union and one or more third countries which aims to connect the trans-European transport network with the transport infrastructure networks of those countries to facilitate major transport flows;

51. 'third country' means any neighbouring country and all other countries with which the Union may cooperate to achieve the objectives pursued by this Regulation;

52. 'neighbouring country' means the country coming under the European Neighbourhood Policy including the Strategic Partnership[31], the Enlargement Policy, the European Economic Area or the European Free Trade Association;

53. 'European added value' means, in relation to a project, the value resulting from Union intervention which is additional to the value that would otherwise have been created by Member State action alone;

54. 'infrastructure manager' means any body or undertaking that is responsible in particular for establishing and maintaining transport infrastructure. This may also include the management of infrastructure control and safety systems;

55. 'intelligent transport systems (ITS)' mean systems using information, communication, navigation and positioning/localization technologies in order to manage mobility and traffic on the trans-European transport network and to provide value added services to citizens and operators, including for safe, secure, environmentally sound and capacity efficient use of the network. They may also include onboard devices, provided they form an indivisible system with corresponding infrastructure components. They include systems, technologies and services referred to in points (h)-(l);

56. 'air traffic management system' means a system as specified in Regulation (EC) No. 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation)[32] and in the European Air Traffic Management (ATM) Master Plan as defined in Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR)[33];

57. 'Vessel Traffic Monitoring and Information Systems' (VTMIS) means systems deployed to monitor and manage traffic and maritime transport, using information from Automatic Identification Systems of Ships (AIS), Long-Range Identification and Tracking of Ships (LRIT), coastal radar systems and radio communications as provided in Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC[34];

58. 'River Information Services (RIS)' means information and communication technologies on inland waterways as defined in Directive 2005/44/EC of the Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community[35];

59. 'e Maritime services' means services using advanced and interoperable information technologies in the maritime transport sector to facilitate the throughput of cargo at sea and in port areas;

60. 'European Rail Traffic Management System (ERTMS)' means the system defined in Commission Decision 2006/679/EC of 28 March 2006[36] and Commission Decision 2006/860 of 7 November 2006[37] concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European conventional and high-speed rail systems;

61. 'transport mode' means railway, inland waterways, road, maritime or air transport;

62. 'multimodal transport' means the carriage of freight or passengers, or both, using two or more modes of transport;

63. 'urban node' means an urban area where the transport infrastructure of the trans-European transport network is connected with other parts of that infrastructure and with the infrastructure for regional and local traffic;

64. 'logistic platform' means an area that is directly linked to the transport infrastructure of the trans-European transport network including at least one freight terminal, and enables logistics activities to be carried out;

65. 'freight terminal' means a structure equipped for transhipment between at least two transport modes and for temporary storage of freight such as ports, inland ports, airports and rail-road terminals;

66. 'NUTS region' means a region which as defined in the Nomenclature of Territorial Units for Statistics.

Article 4 Objectives of the trans-European transport network

67. The trans-European transport network shall enable transport services and operations which:

68. meet the mobility and transport needs of its users within the Union and in the relations with third countries, thereby contributing to further economic growth and competitiveness;

69. are economically efficient, contribute to the objectives of low-carbon and clean transport, fuel security and environmental protection, are safe and secure and have high quality standards, both for passenger and freight transport;

70. promote the most advanced technological and operational concepts;

71. provide appropriate accessibility of all regions of the Union, thereby promoting social, economic and territorial cohesion and supporting inclusive growth.

72. In developing the infrastructure of the trans-European transport network, the following objectives shall be pursued:

73. the interconnection and interoperability of national transport networks;

74. the removal of bottlenecks and the bridging of missing links, both within the transport infrastructures and at connecting points between these, within Member States' territories and at border crossing points between them;

75. the development of all transport modes in a manner consistent with ensuring sustainable and economically efficient transport in the long term;

76. optimal integration and interconnection of all transport modes;

77. the efficient use of infrastructure;

78. promotion of a broad use of transport with the most carbon neutral effect;

79. transport infrastructure connections between the trans-European transport network and transport infrastructure networks of neighbouring countries, and the promotion of their interoperability;

80. the establishment of infrastructure requirements, notably in the field of interoperability, safety and security, which will benchmark quality, efficiency and sustainability of transport services;

81. for both passenger and freight traffic, seamless connections between transport infrastructure for long-distance traffic on the one hand, and regional and local traffic on the other;

82. a transport infrastructure that reflects the specific situations in different parts of the Union and provides for a balanced coverage of European regions, including outermost regions and other peripheral ones;

83. accessibility for elderly people, persons of reduced mobility and for disabled passengers.

Article 5 Resource efficient network

Member States and, as appropriate, regional and local authorities, infrastructure managers, transport operators and other public and private entities shall plan, develop and operate the trans-European transport network in a resource efficient way, through:

84. an optimisation of infrastructure integration and interconnection;

85. the broad deployment of new technologies and ITS;

86. improvement and maintenance of existing transport infrastructure;

87. the taking into account of possible synergies with other networks, in particular trans-European energy or telecommunication networks;

88. the assessment of strategic environmental impact, with the establishment of appropriate plans and programmes and of impacts on climate mitigation;

89. measures to plan and expand infrastructure capacity where necessary;

90. adequate consideration of the vulnerability of transport infrastructure with regard to a changing climate as well as natural and man-made disasters.

Article 6 Dual layer trans-European transport network structure

91. The gradual development of the trans-European transport network shall in particular be achieved by implementing a dual-layer structure for this network, comprising a comprehensive network and a core network.

92. The comprehensive network shall be made up of all existing and planned transport infrastructures of the trans-European transport network as well as measures promoting the efficient use of such infrastructure. It shall be developed in accordance with Chapter II.

93. The core network shall consist of those parts of the comprehensive network which are of the highest strategic importance for achieving the objectives for the development of the trans-European transport network. It shall be identified and developed in accordance with Chapter III.

Article 7 Projects of common interest

94. Projects of common interest shall contribute to the development of the trans-European transport network through the creation of new transport infrastructure, the maintenance, rehabilitation and upgrading of existing transport infrastructure and through measures promoting its resource-efficient use.

95. A project of common interest shall:

96. contribute to the objectives set out in Article 4;

97. comply with Chapter II and, if it concerns the core network, comply in addition with Chapter III;

98. have been subject to a socio-economic cost benefit analysis resulting in a positive net present value;

99. demonstrate clear European added value.

100. A project of common interest may encompass its entire cycle, including feasibility studies and permission procedures, implementation and evaluation.

101. Member States and other project promoters shall take all necessary measures to ensure that the projects are carried out in compliance with relevant Union and national rules and procedures, in particular with Union legislation on the environment, climate protection, safety, security, competition, state aid, public procurement and public health.

102. Projects of common interest are eligible for Union financial aid under the instruments available for the trans-European transport network, in particular the Connecting Europe Facility established by Regulation (EU) No XXX/2012.

Article 8 Cooperation with third countries

103. The Union may support projects of common interest in order to connect the trans-European transport network with infrastructure networks of third countries covered by the European Neighbourhood Policy, the Enlargement Policy, the European Economic Area and the European Free Trade Association and which seek to:

104. connect the core network at border crossing points;

105. ensure the connection between the core network and the transport networks of the third countries;

106. complete the transport infrastructure in third countries which serve as links between parts of the core network in the Union;

107. implement traffic management systems in those countries.

Such projects of common interest shall enhance the capacity or utility of networks located in one or several Member States.

108. The Union may cooperate with third countries to promote projects of mutual interest. These projects shall seek to:

109. promote the interoperability between the trans-European transport network and networks of neighbouring countries;

110. promote the extension of the trans-European transport network policy into third countries;

111. facilitate air transport with third countries, in particular by extending the Single European Sky and air traffic management cooperation;

112. facilitate maritime transport and promote motorways of the sea with third countries.

113. Projects of mutual interest coming under point (a) of paragraph 2 shall comply with the relevant provisions of Chapter II.

114. Annex III includes indicative maps of the trans-European transport network extended to specific neighbouring countries.

115. The Union may use existing or set up and use new coordination and financial instruments with neighbouring countries, such as the Neighbourhood Investment Facility (NIF) or the Instrument for Pre-Accession Assistance (IPA), for the promotion of projects of mutual interest.

116. The Union may cooperate with international and regional organisations and bodies to achieve any objective pursued by this Article.

CHAPTER II

THE COMPREHENSIVE NETWORK

Article 9 General provisions

117. The comprehensive network shall constitute the basis for the identification of projects of common interest.

118. The comprehensive network shall:

119. be as specified in the maps in Annex I to this Regulation;

120. be specified through the description of the infrastructure components;

121. comply with the requirements for the transport infrastructures set out in this Chapter;

122. set the framework for priority infrastructure development as referred to in Articles 10 to 35.

123. The Member States shall ensure that the comprehensive network is completed and fully complies with the relevant provisions of this Chapter by 31 December 2050 at the latest.

Article 10 Priorities

The Union, Member States, infrastructure managers and other project promoters, when developing the comprehensive network, shall give particular consideration to measures that are necessary for:

124. implementing and deploying intelligent transport systems, including measures which enable traffic management, multimodal scheduling and information services, multimodal tracking and tracing, capacity planning and online reservation and integrated ticketing services;

125. bridging missing links and removing bottlenecks, notably in cross-border sections;

126. removing administrative and technical barriers, in particular to the interoperability of the network and to competition;

127. ensuring optimal integration of the transport modes;

128. ensuring appropriate accessibility for all regions of the Union;

129. improving or maintaining the quality of infrastructure in terms of efficiency, safety, security, climate and where appropriate disaster resilience, environmental performances, social conditions, accessibility for all users, quality of services and continuity of traffic flows;

130. promoting state-of-the-art technological development;

131. ensuring fuel security by allowing the use of alternative and in particular low or zero carbon energy sources and propulsion systems;

132. bypassing urban areas for rail freight transport.

Section 1Railway transport infrastructure

ARTICLE 11 Maps

Railway lines which form part of the comprehensive network are indicated on the maps in Annex I.

Article 12 Infrastructure components

133. Railway transport infrastructure comprises in particular:

134. high-speed and conventional railway lines, including:

(i) sidings;

(ii) tunnels;

(iii) bridges;

135. freight terminals and logistic platforms for the transhipment of goods within the rail mode and between rail and other transport modes;

136. stations along the lines indicated in Annex I for the transfer of passengers within the rail mode and between rail and other transport modes;

137. associated equipment;

138. ITS.

139. Railway lines shall take one of the following forms:

140. Railway lines for high speed transport which are:

(i) specially built high-speed lines equipped for speeds equal to or greater than 250 km/h;

(ii) specially upgraded conventional lines equipped for speeds in the order of 200 km/h;

141. Railway lines for conventional transport.

142. The technical equipment associated with railway lines shall include electrification systems, equipment for the boarding and alighting of passengers and the loading and unloading of cargo in stations, logistic platforms and freight terminals. It shall include any facility necessary to ensure the safe, secure and efficient operation of vehicles.

Article 13 Transport infrastructure requirements

143. Operators of freight terminals shall ensure that any freight terminal is open to all operators.

Operators of logistic platforms shall offer at least one terminal open to all operators.

Operators of freight terminals and logistic platform shall provide this access in a non-discriminatory way and apply transparent charges.

144. Operators of passenger stations shall ensure that passenger stations provide access to information, ticketing and commercial activities for railway traffic throughout the comprehensive network and where appropriate information on connection with local and regional transport, in accordance with Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system[38].

145. Within the sphere of their responsibility, Member States and infrastructure managers shall ensure that:

146. railway lines are equipped with ERTMS;

147. railway infrastructure complies with Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community[39] and its implementing measures in order to achieve the interoperability of the comprehensive network;

148. railway infrastructure complies with the requirements of the technical specification for Interoperability (TSI) adopted pursuant to Article 6 of Directive 2008/57/EC for new and upgraded lines, except in duly justified cases, where allowed by the relevant TSI or under the procedure provided for in Article 9 of Directive 2008/57/EC. In any case, the railway infrastructure shall comply with the following requirements:

149. nominal track gauge for new railway lines: 1 435 mm[40];

150. electrification;

151. lines which are used by conventional freight trains[41]: 22,5 t axle load, and 750 m train length;

152. maximum gradients for new lines which are to be used by conventional freight trains: 12,5 mm/m.[42]

Article 14 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

153. deploying ERTMS;

154. mitigating the impact of noise caused by rail transport;

155. achieving standards higher than those set out as minimum requirements in the technical specifications, as described in Article 13.

Section 2Inland waterways transport infrastructure

ARTICLE 15 Maps

Inland waterways and inland ports which form part of the comprehensive network are indicated on the maps in Annex I.

Article 16 Infrastructure components

156. Inland waterways infrastructure comprises in particular:

157. rivers;

158. canals;

159. lakes;

160. related infrastructure such as locks, elevators, bridges, reservoirs;

161. inland ports including the infrastructure necessary for transport operations within the port area;

162. associated equipment;

163. ITS.

164. Inland ports shall have an annual freight transhipment volume exceeding 500 000 tonnes. The total annual freight transhipment volume is based on the latest available three-year average, as published by Eurostat.

165. Port-associated equipment shall enable in particular propulsion and operating systems which reduce pollution, energy consumption and carbon intensity. It includes waste reception facilities.

Article 17 Transport infrastructure requirements

166. Within the sphere of their responsibility, Member States, port operators and infrastructure managers shall ensure that inland ports are connected with the road or rail infrastructure of the comprehensive network.

167. Port operators shall ensure that any inland port offers at least one freight terminal open to all operators in a non-discriminatory way and apply transparent charges.

168. Within the sphere of their responsibility, Member States and infrastructure managers shall ensure that:

169. rivers, canals and lakes comply with the minimum requirements for class IV waterways as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways[43] and ensure continuous bridge clearance.

170. rivers, canals and lakes are equipped with RIS.

Article 18 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

171. for existing inland waterways: implementing measures necessary to reach the standards of the inland waterways class IV;

172. where appropriate, achieving higher standards than inland waterways class IV, to meet market demands;

173. implementing ITS, including RIS;

174. connecting inland port infrastructure to railway transport infrastructure.

Section 3Road transport infrastructure

ARTICLE 19 Maps

Roads which form part of the comprehensive network are indicated on the maps in Annex I.

Article 20 Infrastructure components

175. Road transport infrastructure comprises in particular:

176. high quality roads, including

(i) bridges;

(ii) tunnels;

(iii) junctions;

(iv) crossings;

(v) interchanges;

177. parking areas;

178. associated equipment;

179. ITS;

180. freight terminals and logistic platforms;

181. bus stations.

182. The high quality roads referred to in point (a) of paragraph 1 are those which play an important role in long-distance freight and passenger traffic, integrate the main urban and economic centres, interconnect with other transport modes and link landlocked and peripheral NUTS 2 regions to central regions of the Union.

183. High-quality roads shall be specially designed and built for motor traffic, and shall be either motorways or express roads.

184. A motorway is a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which :

(i) is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other by a dividing strip not intended for traffic, or, exceptionally, by other means;

(ii) does not cross at level with any road, railway or tramway track, or footpath; and

(iii) is especially sign-posted as a motorway.

185. An express road is a road reserved for motor traffic accessible from interchanges or controlled junctions only and which:

(i) prohibits stopping and parking on the running carriageway; and

(ii) does not cross at level with any railway or tramway track, or footpath.

186. Equipment associated with roads shall include in particular equipment for traffic management, information and route guidance, for the levying of user charges, for safety, for reducing negative environmental effects, for refuelling or recharging of vehicles with alternative drives, and for secure parking areas for commercial vehicles.

Article 21 Transport infrastructure requirements

Within the sphere of their responsibility, Member States and infrastructure managers shall ensure that:

187. Roads correspond to the provisions of Article 20(3).

188. The safety of road transport infrastructure is assured, monitored and, when necessary, improved according to the procedure provided for by Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management[44].

189. Road tunnels with length of over 500 m comply with Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network[45].

190. The interoperability of toll collection systems is ensured in accordance with Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community[46] and by Commission Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements[47].

191. Intelligent transport systems of the road transport infrastructure complying with Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport[48] are deployed.

Article 22 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

192. use of ITS, in particular multi-modal information and traffic management and to enable integrated communication and payment systems;

193. introduction of new technologies and innovation for promoting low carbon transport;

194. provision of secure parking areas;

195. promotion of road safety.

Section 4Maritime transport infrastructure

ARTICLE 23 Maps

Maritime ports which form part of the comprehensive network are indicated on the maps in Annex I.

Article 24 Infrastructure components

196. Maritime transport infrastructure comprises in particular:

197. maritime space;

198. sea canals;

199. maritime ports, including the infrastructure necessary for transport operations within the port area;

200. navigational aids;

201. port approaches;

202. motorways of the sea;

203. associated equipment;

204. ITS.

205. Maritime ports shall be entry and exit points for the land infrastructure of the comprehensive network. They shall meet at least one of the following criteria:

206. The total annual passenger traffic volume exceeds 0,1 % of the total annual passenger traffic volume of all maritime ports of the Union. The reference amount for this total volume is the latest available three-year average, based on the statistics published by Eurostat.

207. The total annual cargo volume – either for bulk or for non-bulk cargo handling – exceeds 0,1% of the corresponding total annual cargo volume handled in all maritime ports of the Union. The reference amount for this total volume is the latest available three-year average, based on the statistics published by Eurostat.

208. The maritime port is located on an island and provides the sole point of access to a NUTS 3 region in the comprehensive network.

209. The maritime port is located in an outermost region or a peripheral area, outside a radius of 200 km from the nearest other port in the comprehensive network.

210. Equipment associated with maritime transport infrastructure shall include in particular equipment for ice breaking, hydrological surveys, and dredging and maintenance of the port and port approaches.

Article 25 Motorways of the sea

211. Motorways of the sea represent the maritime dimension of the trans-European transport network. They shall consist of short-sea routes, ports, associated maritime infrastructure and equipment, and facilities enabling short-sea shipping or sea-river services between at least two ports, including hinterland connections, in at least two different Member States. Motorways of the sea shall include:

212. maritime links between maritime ports of the comprehensive network;

213. port facilities, information and communication technologies (ICT) such as electronic logistics management systems, safety and security and administrative and customs procedures in at least one Member State;

214. infrastructure for direct land and sea access.

215. Projects of common interest for motorways of the sea in the trans-European transport network shall be proposed by at least two Member States. They shall take one of the following forms:

216. be the maritime component of a core network corridor as defined in Article 49, or constitute the maritime component between two core network corridors;

217. constitute a maritime link and its hinterland connections within the core network between two or more core network ports;

218. constitute a maritime link and its hinterland connections between a core network port and ports of the comprehensive network, with a special focus on the hinterland connections of the core and comprehensive network ports.

219. Projects of common interest for motorways of the sea in the trans-European transport network may also include activities that have wider benefits and are not linked to specific ports, such as activities for improving environmental performance, making available facilities for ice-breaking, activities ensuring year-round navigability, dredging operations, alternative fuelling facilities, as well as the optimisation of processes, procedures and the human element, ICT platforms and information systems, including traffic management and electronic reporting systems.

Article 26 Transport infrastructure requirements

220. Within the sphere of their responsibility, Member States, port operators and infrastructure managers shall ensure that:

221. Maritime ports are connected with railway lines, roads and, where possible, inland waterways of the comprehensive network, except in Malta and Cyprus for as long as no railway system is established within their territory.

222. Any maritime port offers at least one terminal open to all operators in a non-discriminatory way and apply transparent charges.

223. Sea canals, port fairways and estuaries connect two seas, or provide access from the sea to maritime ports and correspond at least to inland waterway class VI.

224. Port operators shall ensure that ports include equipment necessary to ensure the environmental performance of ships in ports, in particular reception facilities for ship generated waste and cargo residues in accordance with Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues[49].

225. Member States shall implement VTMIS as provided for in Directive 2002/59/EC.

Article 27 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

226. promoting motorways of the sea including short sea shipping;

227. interconnection of maritime ports with inland waterways;

228. implementation of VTMIS and e Maritime services.

Section 5Air transport infrastructure

Article 28 Maps

Airports which form part of the comprehensive network are indicated on the maps in Annex I.

Article 29 Infrastructure components

229. Air transport infrastructure comprises in particular:

230. air space, routes and airways;

231. airports;

232. associated equipment;

233. ITS.

234. Airports shall comply with one of the following criteria:

235. For passenger airports:

(i) the total annual passenger traffic is at least 0,1 % of the total annual passenger volume of all airports of the Union. The total annual passenger volume is based on the latest available three-years average, as published by Eurostat;

(ii) the volume threshold of 0,1 % does not apply if the airport is situated outside a radius of 100 km from the nearest airport in the comprehensive network, or outside a radius of 200 km if the region in which it is situated is provided with a high-speed railway line.

236. For cargo airports the total annual cargo volume is at least 0,2 % of the total annual cargo volume of all airports of the Union. The total annual cargo volume is based on the latest available three-year average, as published by Eurostat.

Article 30 Transport infrastructure requirements

237. Within the sphere of their responsibility, Member States and airport operators shall ensure that any airport offers at least one terminal open to all operators in a non-discriminatory way and apply transparent charges.

238. Within the sphere of their responsibility, Member States, airport operators and air carriers shall ensure that common basic standards for safeguarding civil aviation against acts of unlawful interference, as adopted by the Union in accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002[50], apply to the air transport infrastructure of the comprehensive network.

239. Within the sphere of their responsibility, Member States, airport operators and air carriers shall ensure that infrastructure for air traffic management enables the implementation of the Single European Sky, in accordance with Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)[51], Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation)[52], Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation)[53] and Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation)[54] in order to improve the performance and sustainability of the European aviation system, of implementing rules and of Union specifications.

Article 31 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

240. optimise existing infrastructure;

241. increase airport capacity;

242. support the implementation of the Single European Sky and of air traffic management systems, in particular those deploying SESAR.

SECTION 6 INFRASTRUCTURE FOR MULTIMODAL TRANSPORT

ARTICLE 32 Maps

Freight terminals and logistic platforms which form part of the comprehensive network are indicated on the maps in Annex I.

Article 33 Infrastructure components

Freight terminals or logistic platforms shall comply with at least one of the following criteria:

243. its total transhipment of freight exceeds the quantitative threshold for maritime ports set in Article 24;

244. where there is no freight terminal or logistic platform complying with point (a) in a NUTS 2 region, it is the main freight terminal or logistic platform designated by the Member State concerned, linked at least to roads and railways for that NUTS 2 region.

Article 34 Transport infrastructure requirements

245. Within the sphere of their responsibility, Member States, operators of freight terminals, ports and airports, and infrastructure managers shall ensure that:

246. transport modes are connected in any of the following places: freight terminals, passenger stations, inland ports, airports, maritime ports, in order to allow multimodal transport of freight and passengers.

247. Without prejudice to the applicable provisions laid down in Union and national law, freight terminals and logistic platforms, inland and maritime ports as well as airports handling cargo are equipped for the provision of information flows within this infrastructure and between the transport modes along the logistic chain. Such systems shall in particular enable real time information on available infrastructure capacity, traffic flows and positioning, tracking and tracing, and ensure safety and security throughout multi-modal journeys.

248. Without prejudice to the applicable provisions laid down in Union and national law, continuous passenger traffic across the comprehensive network shall be facilitated through appropriate equipment and the availability of ITS in railway stations, bus stations, airports and where relevant maritime and inland waterway ports.

249. Freight terminal operators shall ensure that freight terminals are equipped with cranes, conveyors and other devices for moving freight between different transport modes and for the positioning and storage of freight.

Article 35 Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to:

250. providing for effective interconnection and integration of the infrastructure of the comprehensive network, including through access infrastructure where necessary and through freight terminals and logistic platforms;

251. removing the main technical and administrative barriers to multimodal transport;

252. developing a smooth flow of information between the transport modes and enabling the provision of multimodal and single-mode services across the trans-European transport system, including the related communication, payment, ticketing and commercialisation services.

Section 7Common provisions

ARTICLE 36 Urban nodes

Member States and other project promoters, when developing the comprehensive network in urban nodes shall aim to ensure:

253. for passenger transport: interconnection between rail, air and, as appropriate, inland waterway, road and maritime infrastructure of the comprehensive network;

254. for freight transport: interconnection between rail and, as appropriate, inland waterway, air, maritime and road infrastructure of the comprehensive network;

255. adequate connection between different railway stations or airports of the comprehensive network within an urban node;

256. seamless connection between the infrastructure of the comprehensive network and the infrastructure for regional and local traffic, including logistic consolidation and distribution centres;

257. bypassing of urban areas for road transport to facilitate long-distance traffic flows on the comprehensive network;

258. bypassing of urban areas for rail freight transport;

259. promotion of efficient low-noise and low-carbon urban freight delivery.

Article 37 ITS

260. ITS shall enable traffic management and the exchange of information within and between transport modes for multi-modal transport operations and value added transport-related services, improving safety, security and environmental performance.

261. ITS shall facilitate seamless connection between the infrastructure of the comprehensive network and the infrastructure for regional and local transport.

262. ITS associated with transport modes shall in particular include:

263. for railways: ERTMS;

264. for inland waterways: River Information Services and e-Maritime services;

265. for road transport: ITS in accordance with Directive 2010/40/EU;

266. for maritime transport: VTMIS and e-Maritime services;

267. for air transport: air traffic management systems, in particular those resulting from SESAR.

Article 38 Freight transport services

The Union, Member States and other project promoters shall pay particular attention to projects of common interest which provide efficient freight transport services that use the infrastructure of the comprehensive network and contribute to reducing carbon dioxide emissions. These projects shall in particular aim to:

268. improve sustainable use of transport infrastructure, including its efficient management;

269. promote the deployment of innovative transport services or new combinations of proven existing transport services, including through the application of ITS and the establishment of relevant governance structures;

270. facilitate multi-modal transport service operations and improve cooperation between transport service providers;

271. stimulate resource and carbon efficiency, notably in the fields of vehicle traction, driving/steaming, systems and operations planning, resource sharing and cooperation;

272. analyse, provide information on and monitor markets, fleet characteristics and performance, administrative requirements and human resources.

Article 39 New technologies and innovation

The comprehensive network shall keep up with state-of-the-art technological developments and deployments. They shall in particular aim to:

273. enable the decarbonisation of transport through transition to innovative transport technologies;

274. enable the decarbonisation of all transport modes by stimulating energy efficiency as well as the introduction of alternative propulsion systems and the provision of corresponding infrastructure. Such infrastructure may include grids and other facilities necessary for the energy supply, take account of the infrastructure – vehicle interface and encompass intelligent transport systems;

275. improve the safety and sustainability of the movement of persons and goods;

276. improve the operation, accessibility, interoperability, multimodality and efficiency of the network, including multimodal ticketing;

277. promote measures to reduce external costs, such as pollution of any kind, including noise, congestion and health damage;

278. introduce security technology and compatible identification standards on the networks;

279. improve resilience to climate change;

280. further advance the development and deployment of intelligent transport systems within and between modes of transport.

Article 40 Safe and secure infrastructure

Member States and other project promoters shall give due consideration to ensure that transport infrastructure provides for a high degree of safety and security for passenger and freight movements.

Article 41 Climate change proven infrastructure and disaster resilience

During infrastructure planning, Member States and other project promoters shall give due consideration to the risk assessments and adaptation measures adequately improving the resilience to climate change, in particular in relation to precipitation, floods, storms, high temperature and heat waves, droughts, sea level rise and coastal surges, in compliance with any requirement which may be set out in relevant Union legislation.

Where appropriate, due consideration should also be given to the resilience of infrastructure to natural or man-made disasters in compliance with any requirement which may be set out in relevant Union legislation.

Article 42 Environmental protection

Member States and other project promoters shall carry out environmental assessment of plans and projects in particular as provided in Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment[55] and 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora[56], and Directives of the European Parliament and of the Council: 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy[57], 2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment[58], and 2009/147/EC of 30 November 2009 on the conservation of wild birds[59] in order to avoid or, when not possible, mitigate or compensate for negative impacts on the environment, such as landscape fragmentation, soil sealing, air and water pollution as well as noise, and to effectively protect biodiversity.

Article 43 Accessibility for all users

Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular elderly people, persons of reduced mobility and disabled passengers.

CHAPTER III

THE CORE NETWORK

Article 44 Identification of the core network

281. The core network shall consist of those parts of the comprehensive network which are of the highest strategic importance for achieving the objectives of the trans-European transport network policy. The core network shall in particular contribute to coping with increasing mobility and to the development of a low-carbon transport system.

282. The core network shall be interconnected in nodes and provide for connections with neighbouring countries' transport infrastructure networks.

283. The transport infrastructures constituting the core network are indicated in the corresponding maps of the comprehensive network in Annex I.

Article 45 Requirements

284. The core network shall reflect evolving traffic demand and the need for multi-modal transport. State-of-the-art technologies and regulatory and governance measures for managing the infrastructure use shall be taken into account in order to ensure resource-efficient use of transport infrastructure and to provide for sufficient capacity.

285. The infrastructure of the core network shall meet all the requirements set out in Chapter II without exception. In addition, the following requirements shall also be met by the infrastructure of the core network:

286. for railway transport infrastructure:

287. full electrification of the railway lines;

288. lines with regular freight traffic: at least 22.5 t axle load, 100 km/h line speed and 750 m train length;

289. for inland navigation and maritime transport infrastructure:

290. availability of alternative clean fuels;

291. for road transport infrastructure:

292. the development of rest areas approximately every 50 kilometres on motorways in order inter alia to provide sufficient parking space for commercial road users with an appropriate level of safety and security;

293. availability of alternative clean fuels;

294. for air transport infrastructure:

295. capacity to make available alternative clean fuels.

Article 46 Development of the core network

296. The transport infrastructure included in the core network shall be developed in accordance with the corresponding provisions of Chapter II.

297. Projects of common interest contributing to the completion of the core network shall be implemented as a priority.

298. Without prejudice to Article 47(2) and (3), the Member States shall ensure the core network is completed and complies with the provisions of this Chapter by 31 December 2030 at the latest.

Article 47 Nodes of the core network

299. The nodes of the core network are set out in Annex II and include:

300. urban nodes, including their ports and airports;

301. maritime ports;

302. border crossing points to neighbouring countries.

303. Maritime ports indicated in Part 2 of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2030 at the latest, except in duly justified cases.

304. The main airports indicated in Part 1b of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2050 at the latest. Taking into account potential traffic demand, such airports shall be integrated into the high speed rail network wherever possible.

CHAPTER IV

IMPLEMENTATION OF THE CORE NETWORK THROUGH CORE NETWORK CORRIDORS

Article 48 General purpose of core network corridors

305. Core network corridors are an instrument to facilitate the coordinated implementation of the core network. Core network corridors shall be based on modal integration, interoperability, as well as on a coordinated development and management of infrastructure, in order to lead to resource-efficient multimodal transport.

306. Core network corridors shall provide for a coordinated approach with regard to infrastructure use and investments, so as to manage capacities in the most efficient way. Multimodal infrastructure within core network corridors shall be built and coordinated, wherever needed, in a way that optimises the use of each transport mode and their cooperation. The core network corridors shall support the comprehensive deployment of interoperable traffic management systems.

Article 49 Definition of core network corridors

307. Core network corridors consist of parts of the core network. They shall involve at least three transport modes and cross at least three Member States. They cover the most important cross-border long-distance flows in the core network.

308. In duly justified cases the core network corridor may involve only two transport modes.

309. Core network corridors shall include maritime ports and its accesses, except in duly justified cases.

Article 50 List of core network corridors

310. Each Member State shall participate in at least one core network corridor.

311. The list of core network corridors is set out in Annex I to Regulation (EU) No XXX/2012 of … [Connecting Europe Facility].

Article 51 Coordination of core network corridors

312. In order to facilitate the coordinated implementation of core network corridors, the Commission shall designate, after consultation with the Member States concerned, and after having consulted the European Parliament, persons called "European Coordinator".

313. The European Coordinator shall be chosen, in particular, on the basis of his/her experience of European institutions and knowledge of issues relating to the financing and the socio-economic and environmental evaluation of major projects.

314. The Commission decision designating the European Coordinator shall specify how the tasks referred to in paragraph 5 are to be performed.

315. The European Coordinator shall act in the name and on behalf of the Commission. The remit of the European Coordinator shall relate to a single core network corridor. The European Coordinator shall draw up together with the Member States concerned a work plan for the activities to be fulfilled.

316. The European Coordinator shall:

317. lead the coordinated implementation of the core network corridor in order to enable respect of the timeline set in the implementing decision for the individual core network corridor;

318. report to the Member States, to the Commission and, as appropriate, to all other entities directly involved in the development of the core network corridor on any difficulties encountered and contribute to finding appropriate solutions;

319. draw up a report every year for the European Parliament, the Commission and the Member States concerned on the progress achieved in implementing the core network corridor;

320. consult, in cooperation with the Member States concerned, in particular regional and local authorities, infrastructure managers, transport operators, transport users and, as appropriate, other public and private entities, with a view to gaining a fuller knowledge of the demand for transport services, the possibilities of investment funding and financing and steps to be undertaken and the conditions to be met in order to facilitate access to such funding or financing.

321. The Member States concerned shall cooperate with the European Coordinator and give the Coordinator the information required to perform the tasks referred to in paragraph 5.

322. Without prejudice to the applicable procedures laid down in Union and national law, the Commission may request the opinion of the European Coordinator when examining applications for Union funding for core network corridors for which the European Coordinator is responsible.

Article 52 Governance of core network corridors

323. For each core network corridor, the Member States concerned shall establish a corridor platform responsible for defining the general objectives of the core network corridor and for preparing and supervising the measures referred to in Article 53(1).

324. The corridor platform shall be composed of the representatives of the Member States concerned and, as appropriate, other public and private entities. In any case, the relevant infrastructure managers as defined in Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure[60] shall participate in the corridor platform.

325. The European Coordinator shall chair the corridor platform.

326. The corridor platform may be established as a permanent legal entity, such as a European Economic Interest Group.

327. The establishment of corridor platforms is without prejudice to the principle that the beneficiary of Union financial support has the final responsibility for the implementation of the projects.

Article 53 Corridor development plan

328. For each core network corridor, the Member States concerned, in cooperation with the corridor platform, shall jointly draw up and notify to the Commission a corridor development plan within six months after entry into force of this Regulation. This plan shall include in particular:

329. a description of the characteristics of the core network corridor, including bottlenecks;

330. the objectives for the core network corridor in particular in terms of performance expressed as the quality of the service, its capacity and its compliance with the requirements set out in Chapter II;

331. the programme of measures necessary for developing the core network corridor;

332. a multimodal transport market study;

333. an implementation plan including:

334. a deployment plan relating to interoperable traffic management systems on multi-modal freight corridors without prejudice to the applicable Union legislation;

335. a plan for the removal of physical, technical, operational and administrative barriers between and within transport modes and for the enhancement of efficient multimodal transport and services;

336. measures to improve the administrative and technical capacity to conceive, plan, design, procure, implement and monitor projects of common interest;

337. risk assessment, including the possible impacts of climate change on the infrastructure and where appropriate proposed measures to enhance climate resilience;

338. measures to be taken in order to mitigate greenhouse gas emissions;

339. an investment plan, to be updated regularly, including:

340. the list of projects for the extension, renewal or redeployment of transport infrastructure referred to in Article 2(2) for each of the transport modes involved in the core network corridor;

341. the related financial plan, with the various sources envisaged for funding and financing, at international, national, regional, local and Union level, including, whenever possible, earmarked cross-financing systems as well as private capital, together with the amount of commitments already made and, where applicable, reference to the contribution of the Union envisaged under the Union's financial programmes.

342. Based on the corridor development plan provided by Member States concerned, the Commission shall deliver its opinion.

343. In order to support the implementation of the core network corridors, the Commission may adopt implementing decisions for core network corridors. These decisions may:

344. include the investment planning, the related costs and implementation timeline, estimated as necessary to implement the core network corridors in line with the objectives of this Regulation;

345. define all measures aimed at reducing external costs, in particular greenhouse gas emissions and noise, and aimed at promoting the introduction of new technologies in traffic and capacity management;

346. provide for other measures which are necessary for the implementation of the corridor development plan and for the efficient use of the core network corridor infrastructure.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 55(2).

CHAPTER V

COMMON PROVISIONS

Article 54 Updating and reporting

347. Member States shall inform the Commission continuously through the interactive geographical and technical information system for the trans-European transport network (TENtec), about the progress made in implementing projects of common interest and the investments made for this purpose.

Member States shall provide the Commission with abstracts of national plans and programmes which they are drawing up with a view to develop the trans-European transport network, in particular in relation to the core network. Once adopted, the Member States shall send the national plans and programmes to the Commission for information.

348. Every two years starting from the entry into force of this Regulation and after consultation of the Committee referred to in Article 54, the Commission shall publish a progress report on the implementation of the guidelines, which shall be submitted to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

349. The Commission shall be empowered to adopt delegated acts in accordance with Article 56 concerning the adaptation of Annexes I, II and III to take account of possible changes resulting from the quantitative thresholds laid down in Articles 16, 24, 29 and 33. When adapting the Annexes, the Commission shall:

350. include logistic platforms, freight terminals, inland ports, maritime ports and airports in the comprehensive network, if it is demonstrated that the latest two-year average of their traffic volume exceeds the relevant threshold;

351. exclude logistic platforms, freight terminals, inland ports, maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below the relevant threshold;

352. adjust the maps for road, railway and inland waterway infrastructure so as to reflect progress in completing the network. In adjusting those maps, the Commission shall not admit any adjustment in route alignment beyond that which is allowed by the relevant project authorization procedure.

The adaptations under points (a) and (b) shall be based on the latest available statistics published by Eurostat.

353. Projects of common interest concerning infrastructure which is newly included in the trans-European transport network shall be eligible for the purposes of Article 7(5) as of the date of entry into force of the delegated acts pursuant to paragraph 3.

Projects of common interest concerning infrastructure which have been excluded from the trans-European transport network shall not be eligible anymore as of the date of entry into force of the delegated acts pursuant to paragraph 3. The end of eligibility shall not affect financing or grant decisions taken by the Commission before this date.

Article 55 Committee

354. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

355. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 56 Exercise of delegation

356. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

357. The power to adopt delegated acts referred to in Article 54(3) shall be conferred on the Commission for an unlimited period from [date of entry into force of the Regulation].

358. The delegation of powers referred to in the Article 54(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

359. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

360. A delegated act adopted pursuant to the Article 54(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of the notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 57 Review

By 31 December 2023 at the latest, the Commission shall carry out a review of the implementation of the core network, evaluating compliance with the provisions laid down in this Regulation and the progress in implementation.

Article 58 Single Contact Authority

Member States may appoint a Single Contact Authority for facilitating and co-ordinating the permitting process for projects of common interest, in particular cross-border projects, in accordance with the relevant Union acquis.

Article 59 Delay in completion of the core network

361. In the event of a significant delay in starting or completing work on the core network, the Commission shall request the Member States concerned to provide the reasons for the delay within three months. On the basis of the reply given, the Commission shall consult the Member States concerned in order to resolve the problem leading to the delay.

362. The Commission may, as part of its active monitoring of the implementation of the core network and having due regard to the principle of proportionality and subsidiarity, decide to take appropriate measures.

363. The European Parliament and the Member States shall be informed immediately of any measure taken.

Article 60 Compatibility with Union law and Union policies

Actions taken under this Regulation shall take into account any relevant Union policies, in particular those relating to competition, market access, the protection of the environment, health, sustainable development, and public procurement.

Article 61 Promotion and evaluation

The Commission shall promote and evaluate the advancement of the trans-European transport network policy and its overall implementation.

Article 62 Repeal

Decision No 661/2010/EU is repealed.

For all financing decisions based on Regulation (EC) No 680/2007[61], Decision No 611/2010/EU shall continue to apply.

Article 63 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

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[1] Decision No 1692/96 of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network, OJ L 228, 9.9.1996, p. 1.

[2] Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network, OJ L 201, 7.6.2004, p. 1.

[3] Regulation (EC) No 680/2007 of the European Parliament and of the Council of 20 June 2007 laying down general rules for the granting of Community financial aid in the field of trans-European transp