Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION amending Decision N 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project N 8 in Annex III

EXPLANATORY MEMORANDUM

I

1. The objective of the underlying proposal of 10.12.1997 (COM(97) 681 final) is to complement Decision N 1692/96/EC on Community guidelines for the development of the trans-European transport network by clarifying and reinforcing the position of seaports, inland ports and intermodal terminals in the TEN.

Part 1 of the initial proposal aims at amending the characteristics of seaports, inland ports and intermodal terminals in the Decision, suggests criteria for their identification in Annex I and seeks to improve the definition of relevant projects of common interest relating to seaports, inland ports and intermodal terminals in Annex II.

It is also proposed to assist the development of Trans-European Rail Freight Freeways.

Part 2 of the proposal makes a change to the specific project N 8 in Annex III (list of the specific projects designated by the 1994 Essen European Council) from "Motorway Lisbon-Valladolid" to "Multimodal link Portugal/Spain with the rest of Europe", as requested by the Portuguese and Spanish governments and endorsed by the Dublin European Council in December 1996.

For the rest, the text of Decision 1692/96/EC remained unchanged.

2. The European Parliament delivered its opinion on the proposal in first reading on 10 March 1999. At this occasion it adopted 13 amendments which contain at least 22 modifications. In general, the Parliament welcomes the proposal and supports the main objectives and approach.

3. From the 22 modifications proposed by the amendments, the Commission can accept 11 in whole or in part and rejects 11.

4. The opinion of the Economic and Social Committee, delivered on 29.4.1998, and of the Committee of the Regions, delivered on 17.9.1998, is generally favourable.

II

The following amendments have been accepted by the Commission. They are either incorporated in the proposal as proposed by the Parliament or adjusted within the meaning of the amendment.

Amendments 1, 2 and 7 (Article 10 (4), Annex II, Section 3)

The amendments seek to delete the provisions regarding the "Trans-European Rail Freight Freeways". Although the deletion is not acceptable to the Commission, it is willing to accommodate the Parliament's concern and to reformulate the provisions by making clear that the focus in this context lies rather on the development of infrastructure on trans-European rail freight corridors than on the development of the service itself.

Amendment 4 (Article 12 (2) Decision N 1692/96/EC)

The Commission accepts the part of section (ba) which refers to Article 299 (2) of the EC Treaty concerning the islands in outermost regions. Considering however that Article 154 (2) (ex-Article 129 b) emphasises the need to link islands and peripheral regions, it is proposed that also those ports on islands (and those linking the mainland to them) are included provided they meet the threshold of 200.000 passengers on domestic and international journeys and the distance between the respective ports is greater than 5 km. By this around 45 additional ports are included.

It also accepts to reconsider paragraph (c) which only applies to a few cases.

Amendment 5 (Article 14 (1))

The Commission agrees to include the term "shortest possible initial and/or terminal road haulage" in Article 14 (1), first indent. This addition emphasises an essential objective of combined transport.

It agrees also to the inclusion of "shipping routes" as one possibility for intermodal transport and to the definition of intermodal transport as "combined unitised transport (containers, trailers, swap bodies etc.)".

Amendment 8 (Annex II, Section 4)

The Commission accepts the editorial change in N 3 and proposes to structure the categories of inland port projects similar to the seaports in Section 5.

Amendment 9 (Annex II, Section 5)

The Commission accepts the substitution of the term "port and port related infrastructure projects" by "infrastructure projects in or in connection with ports" in the first sentence of paragraph 2.

Amendment 10 (Annex II, Section 5, Paragraph 3)

The Commission agrees to a reference concerning "other intelligent management systems for freight and passenger traffic". The addition underlines the non-limitative character of the provision.

Amendment 11 (Annex II, Section 5, Paragraph 4)

In so far as the amendment seeks to delete the "specific condition" regarding the eligibility of port projects, the Commission can agree. According to Article 155 (1), third indent, EC Treaty (ex-Article 129 c), in principle all projects of common interest, including those related to ports, are eligible for TEN funding. Moreover, specific conditions for funding are rather a matter of the relevant funding regulations than of the guidelines.

However, as far as the amendment seeks to introduce the notion of superstructure, the Commission cannot agree, as the delimitation between superstructure and infrastructure is not clear. The insertion of this concept risks creating uncertainty about eligibility, in particular in the area of combined transport in ports.

Amendment 12 (Annex II, Section 7)

Although the Commission did not propose a modification to the second indent in Annex II, Section 7 (Combined transport network), the Commission accepts the amendment by the Parliament since it provides clarity about the eligibility of projects in connection with transhipment centres.

Amendment 13 (Annex III, N 8)

The Commission agrees to a more precise description of the various elements of specific project N 8. The description indicates in particular the main corridors to be developed as agreed with the Member States concerned.

III

The following amendments are not acceptable to the Commission and therefore not included in the amended proposal:

- the amendments (N 1,2,7) in so far as they seek to delete the proposed provisions regarding the Trans-European Rail Freight Freeways,

- the amendment (N 1)

- expecting the presentation of legislative proposals in connection with the report on the revision of the TEN guidelines,

- stipulating strategic environmental impact assessments for ports and intermodal terminals,

- the amendment (N 3) stipulating a minimum traffic volume of bulk-freight for intermodal inland ports,

- the amendment (N 4) which includes too restrictive selection criteria for seaports (link with TEN-route, increase of minimum freight threshold),

- the amendment (N 6) adding inland waterway links and introducing new categories of ports ("sea-river ports") in the guidelines,

- the amendments (N 8, 9) which provide a too extensive definition of port infrastructure,

- the amendments (N 8, 11) seeking to introduce the notion of port superstructure.

Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION amending Decision N 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project N 8 in Annex III

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 156 thereof,

Having regard to the proposal from the Commission (1),

(1) OJ C 120, 18.4.1998, p. 18.

Having regard to the opinion of the Economic and Social Committee (2),

(2) OJ C 214, 10.7.1998, p. 40.

Having regard to the opinion of the Committee of the Regions (3),

(3) OJ C 373, 2.12.1998, p. 20.

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

(1) Whereas the Decision N 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 (4) constitutes a general reference framework covering the objectives, priorities and broad lines of measures as well as the projects of common interest in the area of the trans-European transport network;

(4) OJ L 228, 9.9.1996, p. 1.

(2) Whereas the establishment and development of the trans-European transport network contributes to the smooth functioning of the internal market, the strengthening of economic and social cohesion as well as to the sustainable mobility of persons and goods;

(3) Whereas, in order to achieve these objectives, the trans-European transport network is intended as a multimodal infrastructure network which shall combine and integrate the different transport modes;

(4) Whereas interconnection points including seaports, inland ports and intermodal terminals are a pre-condition for the integration of the different transport modes in a multimodal network;

(5) Whereas the network outline plans included in Annex I of the Decision N 1692/96/EC consist essentially of a series of links, while the different interconnection points, with the exception of airports, are not identified in the outline plans;

(6) Whereas with respect to the principle of subsidiarity, the network outline plans for inland ports and intermodal terminals should not designate exact locations but, whereas terminals in larger conurbations should be grouped in one transhipment area;

(7) Whereas, in accordance with the Commission's intention to promote the rapid creation of a number of "Trans-European Rail Freight Freeways" outlined in its Communication of 29 May 1997, development of railway infrastructures, the identification of terminals/transhipment areas should be coordinated with the development of cross-border trans-European open access rail freight corridors;

(8) Whereas the European Council at Dublin on 13 and 14 December 1996 agreed that project N 8 in the list from the Essen European Council should become the multimodal link Portugal/Spain with the rest of Europe;

(9) Whereas, therefore, Decision N 1692/96/EC should be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision N 1692/96/EC is hereby amended as follows:

(1) In Article 10 (4), the following indent is added :

"- contribute to the further development of new railway services in particular on the basis of "Trans-European Rail Freight Freeways" which are cross-border, open-access rail freight corridors trans-European rail freight corridors open to all operators."

(2) Article 11 is amended as follows:

(a) paragraph 3 is replaced by the following :

"3. Inland ports shall form part of the network, in particular as points of interconnection between the waterways referred to in paragraph 2 and Article 14 and other modes of transport."

(b) The following paragraph 3a is inserted:

"3a. The inland ports included in the network shall be :

(a) open to all commercial traffic,

(b) located on the network of inland waterways as shown in the outline plan in Section 4 of Annex I,

(c) interconnected with other trans-European transport routes as shown in Annex I,

(d) equipped with transhipment installations for intermodal transport".

(3) Article 12 is replaced by the following :

"1. Seaports in the trans-European transport network shall include seaports which are open to all commercial traffic and which are identified in the outline plans in Section 5 of Annex I. They shall permit the development of sea transport and shall constitute shipping links for islands and the points of interconnection between sea transport and other modes of transport. They shall provide equipment and services to transport operators. Their infrastructure shall provide a range of services for passenger and goods transport, including ferry services and short- and long-distance shipping services, including coastal shipping, within the Community and between the latter and third countries.

2. The seaports included in the network shall fulfill the following criteria:

(a) total annual traffic volume of no less than 1 million tonnes freight, or

(b) total annual traffic volume is no less than 200.000 international passengers (trips between ports in two different countries).

In the case of islands in the Aegean and Ionian seas, the minimum required volume of passenger traffic may also include domestic traffic, providing the distance between the ports is greater than 5 km; or

(c) provide connections between land links of the trans-European network, thereby ensuring the territorial continuity of the Community.

3. With regard to islands, the network shall, in addition to the seaports referred to in paragraph 2, include:

- ports situated on smaller islands which are not connected to the continent by a fixed link, and

- the corresponding ports situated on the continent which provide a permanent link with these islands,

where total annual traffic is greater than 200 000 passengers and the distance is greater than 5 km.

The ports situated in the outermost regions referred to in Article 299 (2) of the EC Treaty shall be included, regardless of their traffic volume.

3 4. In addition to the criteria set out in Article 7, seaport and seaport-related projects of common interest shall comply with the criteria and specifications in Annex II."

(4) Article 14 is amended as follows :

(a) in paragraph 1, first indent, the following words are added:

- "railways and inland waterways which are suitable for combined transport and shipping which, combined where appropriate with the shortest possible initial and/or terminal road haulage, permit long-distance transport of goods;"

(b) in paragraph 1, the second indent is replaced by the following text:

- "terminals which provide installations for intermodal transhipment from railways to inland waterways and, roads and shipping and which are identified in the outline plans in Annex I."

Intermodal transport, within the meaning of this Decision, is understood as combined unitised transport (e.g. containers, trailers and swap bodies, etc.)."

(c) the following paragraphs 2 and 3 are added:

"2. The terminals included in the network shall be:

- open to all commercial traffic;

- located on, or linked to, one of the rail corridors as specified in outline plan 7.1 in Annex I. Terminals in larger conurbations shall be grouped in one transhipment area;

- equipped with transhipment installations for intermodal transport.

3. In addition to the criteria set out in Article 7, projects of common interest relating to the combined transport network shall comply with the criteria and specifications in Annex II."

(5) Article 19 is replaced by the following:

"Article 19

Specific projects

Annex III contains, by way of indication, the projects identified in Annexes I and II and in other provisions of this Decision to which the Essen and Dublin European Councils attributed particular importance."

(6) Annex I, II and III are amended as set out in the Annex to this Decision.

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

1. Annex I is amended as follows:

(a) On the contents page, the text in Section 5 is replaced by the following:

"5.0 Europe

5.1 Baltic Sea

5.2 North Sea

5.3 Atlantic Ocean

5.4 Mediterranean Sea - Western part

5.5 Mediterranean Sea - Eastern part".

(b) On the contents page, Section 7 is replaced by the following:

"Railway corridors and terminals

7.1.0. Europe

7.1.1. Belgium/Germany/France/Luxembourg/Netherlands/Austria

7.1.2. Spain/Portugal/Ireland/United Kingdom

7.1.3. Denmark/Finland/Sweden

7.1.4. Greece/Italy

7.2. Inland waterways and inland ports".

(c) Outline plans 5.0 to 5.5 (Seaports) are inserted and outline plans 7.1-A (Combined transport: Railway corridors), 7.1-B (large scale) and 7.2 (Combined transport: Inland waterways) are replaced by outline plans 7.1.0 to 7.1.4. (Combined transport corridors and terminals/transhipment areas) and 7.2. (Inland waterways and inland ports). These outline plans are contained in the Appendix.

2. Annex II is amended as follows:

(a) In Section 3, the following third indent is added :

"- new railway services to be developed in particular on the basis of Trans-European Rail Freight Freeways the development of trans-European freight rail corridors which are open to all operators."

(b) In Section 4, the first part is replaced by the following:

"Inland ports":

"In addition to projects relating to the connections and inland ports mentioned in Annex I, projects of common interest will be deemed to include any infrastructure project corresponding to one or more of the following categories:

1. access to the port from inland waterways;

2. port infrastructure inside the port area;

3. other transport infrastructure inside the port area;

4. other transport infrastructures linking the port to other elements of the trans-European network land infrastructure linking the port to other elements of the trans-European transport network."

(c) Section 5 is amended as follows:

(i) Paragraph 1 becomes paragraph 2 and is replaced by the following:

"2. Categories of port and port-related projects of common interest

Port and port-related Infrastructure projects in or in connection with ports should come under one or more of the following categories:

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

B. infrastructure inside the port area;

C. inland transport infrastructure linking the port to other elements of the trans-European transport network."

(ii) Paragraph 2 becomes paragraph 1 and the title is replaced by the following :

"1. Objectives of port and port-related projects of common interest"

(iii) Paragraph 3 is replaced by the following :

"3. Types of port and port-related projects of common interest. Special attention shall be given to the following types of projects, in particular:

- the development of short sea and sea-river shipping including the necessary infrastructure;

- upgrading of the port infrastructure in particular in ports on islands and in peripheral regions;

- creation or improvement of hinterland access, in particular through rail and inland waterway connections;

- development and installation of management and information systems such as EDI (electronic data interchange) or other intelligent management systems for freight and passenger traffic using integrated technologies".

(iv) The following paragraph 4 is added:

"4. Specific conditions

Infrastructure investment within the port area (excluding EDI) is not eligible for Community financial aid in the field of trans-European networks, except for projects of common interest concerning combined transport in port areas as set out in Annex II Section 7. In eligible regions infrastructure investment can be funded by the Cohesion and Structural funds.

Projects must contribute to :

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

- greater use of environment-friendly transport."

(d) Section 7, the second and third indent is replaced by the following :

"- creation or restructuring of centres for transhipments between modes of land transport, with the infrastructure pertaining to them,

- adaptation of port areas, making it possible to develop or improve transfers between sea transport and rail and inland waterways in combined transport,"

3. Annex III is amended as follows:

(a) The title is replaced by the following :

"List of the fourteen projects adopted by the Essen and Dublin European Councils".

(b) The text of point 8 ("Motorway Lisbon / Valladolid") is replaced by the following :

"Multimodal link Portugal / Spain with the rest of Europe by developing rail, road, sea and air transport links as appropriate in the three principal Iberian corridors:

- Galicia (La Coruña)/Portugal (Lisbon)

- Irún/Portugal (Valladolid-Lisbon)

- south-west corridor (Lisbon/Seville)".