No C 340/4 Official Journal of the European Communities 17.12.83 
Article 5 
The aid from the Community shall be in the form of 
grants. 
Article 6 
1. The aid may cover both external expenditure 
and the local expenditure necessary for implemen­
tation of the operations, including maintenance and 
operating expenses. 
Taxes, duties and charges shall be excluded from the 
Community financing. 
2. Any counterpart funds that may result from the 
actions listed in Article 3 shall be used in accordance 
with the objectives laid down in this Regulation and 
in agreement with the Community. 
Article 7 
Participation in calls for tenders, invitations to tender 
and purchasing and other contracts shall be open on 
equal terms to all natural or legal persons of Member 
States or of the recipient country. Such participation 
may be extended to other developing countries 
receiving Community aid, particularly in cases of co-
financing or in order to prevent the cost of the 
operations from increasing unduly as a result of 
distance, transport difficulties or delivery times. 
Such participation by other developing countries shall 
be of an exceptional nature and shall be authorized 
on a case-by-case basis in accordance with the 
procedure laid down in Article 8. 
Article 8 
Decisions granting aid shall be taken by the 
Commission following consultation of the Committee provided for in Article 7 of Regulation (EEC) No 
3331/82 and in accordance with the procedure laid 
down in Article 8 of that Regulation. 
The Committee may examine any other matter 
relating to the implementation of the operations in 
place of food aid put to it by the chairman on his 
own initiative or at the request of a representative of 
a Member State. 
Article 9 
taken to In accordance with decisions taken pursuant 
Article 8, the Commission shall decide on the 
conditions governing supply of the aid. 
Article 10 
The Commission shall report to the Council and to 
the European Parliament on the application of this 
Regulation. 
Article 11 
1. The Commission shall take all the necessary 
steps to ensure proper implementation of operations 
in place of food aid. 
2. The Member States shall give the Commission 
every assistance and shall provide it with all the 
necessary information for the proper implementation 
of these operations. 
Article 12 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Proposal for a Council Regulation establishing special measures of Community interest 
relating to transport infrastructure 
COM(83) 697final 
(Submitted by the Commission to the Council on 2 December 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, Having regard to the opinion of the European 
Parliament, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 235 thereof, 
Having regard to the proposal from the Commission, Whereas conditions incompatible with the proper 
functioning of the Community could arise when a 
Member State's economy, whilst in a special situation, 
is forced to bear a disproportionate burden in the 
financing of the Community budget; 
17. 12. 83 Official Journal of the European Communities No C 340/5 
Whereas it is necessary to establish special measures 
of Community interest relating to transport infra­
structure and involving financial contributions from 
the Community to transport infrastructure projects in 
the Federal Republic of Germany and the United 
Kingdom; 
Whereas the projects must be specified and supported 
by the information required in order to retain only 
those which are of Community interest in the field to 
which they relate and due account has to be taken of 
the Commission's proposals for a multiannual 
transport programme covering all modes of transport 
and the evaluation of the Community interest of 
transport infrastructure projects; 
Whereas the Commission should be in a position to 
check the implementation of the projects provided for 
in this Regulation; 
Whereas the Treaty has not provided for the powers 
of action required for this purpose, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Special measures of Community interest relating to 
transport infrastructure are hereby established in 1984 
for the Federal Republic of Germany and for the 
United Kingdom. 
Article 2 
1. The special measures of Community interest 
shall be implemented by means of financial assistance 
to undertake projects which contribute to the re­
alization of the common transport policy and, in 
particular, contribute to one or more of the following 
objectives: 
(a) elimination of notorious bottlenecks within the 
Community; 
(b) improvement of rail transport on routes that are 
important for long-distance transport, particularly 
combined transport; 
(c) improvement of traffic links between the outlying 
zones and the rest of the Community by trunk 
routes; 
(d) improvement of facilities for the inter-linking of 
modes of intra-Community transport, particularly 
for those Member States for which contacts with 
the rest of the Community are influenced by the 
development of sea and air transport; 
(e) modernization of the inland waterway system. 
The projects should be related as far as possible to 
the main trunk routes for each mode of transport. 2. The projects shall be submitted to the 
Commission together with all the information 
necessary in order to assess: 
— their conformity with the objectives referred to in 
paragraph 1, 
— their conformity with the eligibility criteria laid 
down in Article 3, 
— their Community interest taking account of 
Community transport policy, 
— the possibilities of verifying the execution of each 
project and of auditing expenditure. 
3. The Commission may request any additional 
information necessary for the examination of the said 
projects. 
Article 3 
The projects shall be eligible for a financial contri­
bution by the Community provided they are financed 
wholly or in part by public authorities. Projects to be 
eligible for Community assistance should be shown to 
be of Community interest in terms of the following 
criteria: 
— the significance of international traffic and/or 
transit traffic, 
— the nature of the existing bottlenecks and the 
improvements to be effected, 
— the potential for the specific improvement of 
services to ports and airports serving routes to 
other Community countries, 
— compatibility with other Community policies, 
— absence of distortions of competition. 
Article 4 
1. The Commission shall examine the projects 
submitted to it by each of the Member States 
concerned under this Regulation and shall refer them 
for information to the Committee referred to in 
Article 7. 
2. In accordance with the procedure laid down in 
Article 8, the Commission shall decide on: 
(a) the projects meriting Community assistance, in 
the light of the objectives referred to in Article 2 
(1) and the criteria laid down in Article 3; 
(b) the amount of the Community's financial contri­
bution, within the limits of the appropriations 
available. 
3. The Community's overall financial contribution 
may not exceed for each project 70 % of the annual 
public expenditure provided for its execution. 
No C 340/6 Official Journal of the European Communities 17.12. 83 
4. No financial contribution shall be made in 
respect of expenditure implemented more than 12 
months before the entry into force of this Regulation. 
5. The Commission's decisions referred to in 
paragraph 2 shall be published in the Official Journal 
of the European Communities. 
Article 5 
1. Appropriations relating to projects shall be 
entered in the budget of the European Communities. 
2. As soon as a decision has been taken pursuant 
to Article 4 (2), the Commission shall make a 
payment of 90 % of the amount of the Community 
contribution provided for. 
3. Payment of the 10 % balance shall be effected 
immediately after the sum referred to in paragraph 2 
has been used up, as certified by the Government of 
the Member State concerned, provided that 
implementation of the project proceeds as planned 
and that on-the-spot checks have been carried out in 
accordance with the procedure provided for in 
Article 6. 
Article 6 
1. The Commission shall ensure that each project 
is implemented in accordance with this Regulation, 
with the provisions adopted for its application and 
with the Regulations adopted pursuant to Article 209 
of the Treaty. 
To this end, each of the Member States concerned 
shall supply the Commission with all information 
requested by it and shall take all steps with regard to 
Community-assisted projects to facilitate such 
supervision as the Commission may consider appro­
priate, including on-the-spot checks made at its 
request with the approval of the Member State 
concerned by the latter's competent authorities, in 
which Commission officials may participate. 
Each Member State concerned shall make available to 
the Commission, for a period of three years from its 
transfer of the balance referred to in Article 5 (3), all 
supporting documents or certified copies thereof 
relating to expenditure. 
2. Where a project is not implemented in 
conformity with this Regulation or departs sub­
stantially from decisions taken for its application, the 
Commission may suspend payments still due. In this 
case, it may also decide that sums already paid or still 
due are to be allocated, in accordance with the 
procedure laid down in Article 8, to other projects 
submitted under this Regulation. If, in the opinion of 
the Commission, no other project or measure is 
available, it shall recover the payments made. Article 7 
1. A management committee (hereinafter called 
'the Committee') is hereby established, composed of 
representatives of the Member States and chaired by a 
representative of the Commission. 
2. Within the Committee, the votes of the Member 
States shall be weighted in accordance with Article 
148 (2) of the Treaty. The chairman shall not vote. 
Article 8 
1. Where the procedure laid down in this Article is 
to be followed, the chairman shall refer the matter to 
the Committee either on his own initiative or at the 
request of the representative of a Member State. 
2. The representative of the Commission shall 
submit drafts of decisions to be taken. The 
Committee shall deliver its opinion on the drafts 
within a time limit which the chairman may fix 
according to the urgency of the questions under 
consideration. An opinion shall be adopted by a 
qualified majority in accordance with Article 148 (2) 
of the Treaty. 
3. The Commission shall adopt decisions which 
shall apply immediately. However, if these decisions 
are not in accordance with the opinion of the 
Committee, they shall be communicated to the 
Council as soon as possible and at the latest within 
one month. In that event, the Commission shall defer 
application of the decisions it has adopted for not 
more than two months from the date of such a 
communication. The Council, acting by a qualified 
majority, may take a different decision within two 
months. 
Article 9 
Each of the Member States concerned shall, in 
agreement with the Commission, take the necessary 
steps to ensure that suitable publicity is given to the 
assistance granted under the Regulation. 
Article 10 
The Commission shall report to the Council and to 
the European Parliament pn the application of this 
Regulation. 
Article 11 
This Regulation shall enter into force on the day of 
its publication in the Official Journal of the European 
Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.