Re-examined proposal for a COUNCIL REGULATION (EC) laying down general rules for the granting of Community financial aid in the field of trans-European networks
Date: 1995-09-08
Institutions: European Commission
Subjects: EU financial instrument, aid system, energy transport, intra-EU transport, telecommunications, transport infrastructure

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  08.09.1995 
COM(95)  428  final 

94/0065  (SYN) 

Re-examined  proposal  for  a 

COUNCIL  REGULATION  ŒO 

laying  down  general  rules for  the granting of 
Community  financial  aid  in the field 
of  trans-European  networks 

(presented  by  the Commission  pursuant  to  Article  189 c (d) 
of the  EC Treaty) 

Explanatory  memorandum 

I. 

Context 

On  2  March  1994  the Commission  submitted  to the  Council  and  Parliament  a proposal 
for a Council  Regulation  (liC) laying down general  rules for the granting of Community 
financial  aid  in the  field  of  trans-Huropean  networks  (COM(94)62 final  SYN 94/0065). 

Parliament  gave  its opinion  on  first  reading on  30 November  1994. 

In the light of Parliament's opinion, on  17 March  1995 the Commission submitted to the 
Council  an  amended  proposal  for  a Council  Regulation  (COM(95)32  final). 

The Council  adopted  its common  position  on  31  March  1995. 

On  12 July  1995  Parliament  approved  this  common  position,  to  which  it  proposed 
21  amendments. 

A  summary  of  the  re-examined  proposal  and  of  the  amendments  not  included  by  the 
Commission  is set  out  below.  The amendments  not  included  are set out  in the Annex. 

A. 

Rc-cxamined  proposal 

II. 

The Commission  has re-examined  its proposal  on the basis of the amendments proposed 
by  Parliament  and  has  included  the  following  amendments,  in  letter  or spirit: 

8th  recital  (amendment  3) 

The  inclusion  of  a  reference  to  extension  of  the  partnership  between  the  public  and 
private  sectors  emphasizes  one of  the essential  objectives  of the  Regulation. 

Article  2 (amendment  8) 

This addition  makes  it  clear  that  not  only  enterprises  which  run  services  in the  public 
interest  but  also  enterprises  which  undertake  projects  considered  to  be  in  the  public 
interest  may  submit  projects. 

Article  4(1 a) (amendment  22) 

Here  Parliament  takes up the  idea  in  the Commission's  original  proposal  that,  with  the 
consent of the Member States concerned, the Commission could propose feasibility studies 
in  exceptional  cases,  for  example  for  transfrontier  interconnections.  The  Community 
contribution  to  such  studies  could,  on  a  proposal  from  the  Commission  or  the  States 
concerned,  be extended  to  100% of  the total  cost  of the  study  if necessary. 

Article  5  (second  part  of  amendment  23) 

Addition  of  this  paragraph  makes  it  possible  to  raise  the  upper  limit  for  the  Community 
contribution  from  10%  to  30%  of  the  total  cost  of  the  project  in  exceptional  cases, 
particularly  for  major  projects  entailing  low  investment. 

Article  18 (amendment  19) 

At  the  time  of  adoption  of  the  declaration  of  6  March  1995  by  the  three  institutions  on 
the  incorporation  of  financial  provisions  into  legislative  acts,  the  Commission  stated  that 
it  would  not  include  financial  provisions  in  its  proposals  for  legislative  acts  concerning 
multiannual  programmes  not  subject  to  the  co-decision  procedure. 

B. 

Amendments  not  included 

The  following  amendments  have  not  been  included: 

Amendment  1 

Article  189c of  the  I'reaty  provides  for  the cooperation  procedure  with  Parliament;  this 
repetition  would  be  tautological. 

Amendments  2  and  24 

The  wording  in  the  common  position  highlights  the  transitional  nature  of  this  provision 
by  clearly  stating  the  extent  and  duration  of  the  transition  period. 

Amendments  4.  10 and  first  part  of  22 

The term  "feasibility  study" covers all  forms  of preparatory  study prior to  implementation 
of  a  project.  There  is  no  need  for  these  additions. 

Amendments  5  and  J 2 

The  direct  and  indirect  socio-economic  effects  of  projects  include  the  consequences  for 
regional  planning.  There  is  no  need  for  this  addition. 

Amendment  6 

The  evaluation  of  the  potential  economic  viability  with  the  help  of  cost/benefit  analyses 
includes  the  economic  and  social  aspects.  There  is  no  need  to  mention  them  explicitly. 
The "capacity  of  existing  infrastructures"  criterion  is covered  by  the  guidelines  proposed 
for  trans-European  networks. 

Amendments  7  and  13 

An  explicit  list  of  Community  policies  is  not  essential  in  this  context. 
In  the  case  of 
energy  and  telecommunications  policies,  the  Treaty  provides  no  legal  basis  for  these 
policies  at  the  moment. 

Amendment  8  (first  part) 

IV-. reparatory  studies are  "parts of projects",  within  the meaning of the second  subparagraph 
of  Article  2(1).  This detail  is  not  essential. 

Amendment  11  (second  part) 

Article  5(4)  reflects  the  "philosophy"  of  the  Regulation,  i.e.  that  the  Community  support 
provided  for  in  this  Regulation  is  intended  to  start  up  projects  and  to  stimulate  funding 
from  the  public  or  private  sectors. 

Amendment  12 

The criteria  "consistency  with  Community  regional  planning",  "trans-frontier  nature" and 
"ability  |of  the project |  to fill gaps  in the network"  arc covered  by the guidelines  referred 
to  in  Article  6(1).  There  is  no  need  to  mention  them  here. 

Amendment  14 

It  is  not  essential  in  this  context  to  specify  the  "public  or  private"  nature  of  the  body. 

Amendment  15 

"Social  profitability"  and  "overall  physical  planning"  are  too  imprecise  to  serve  as 
assessment  criteria. 

Amendment  16 

Many  of  the  projects  are  too  complex  to  keep  fully  within  a  time  limit  of  six  months 
between  receipt  of  the  application  and  the  decision  whether  to  grant  aid. 

Amendment  17 

As is standard  practice  when  implementing  internal  policies and  in line with the  Financial 
Regulation,  commitments  and  payments  under  this Regulation  will  be expressed  in  ECU. 

Amendment  18 

A consultative committee  (procedure  I) would  be inappropriate given that the action taken 
by  the  Community  in  this  field  complements  the  action  taken  by  the  Member  States. 

Amendment  20 

In  the  common  position  the  Commission  accepted  the  revision  clause  as  a  compromise, 
considering  that  the  regulations  on  Community  funding  commonly  provide  for  a 
live-yearly  review. 

Amendment  21 

The  Commission  has  been  advocating  deletion  of  financial  provisions  from 
this 
Regulation  (Article  18).  Consequently, this renders the recital  on this subject  superfluous. 

Amendment  22  (third  part,  final  part) 

In the spirit  of  the  Regulation  the financial aid  from the Community  may  not exceed the 
minimum  amount  deemed  necessary  to  launch  a  project.  Also,  given  the  limited 
resources  available,  there  is  good  reason  to  place  the  time  limit  on  the  duration  of  any 
interest  rate  subsidy. 

Legally, the wording  "any other type" of financial aid is too  imprecise to serve as a legal 
basis. 

Re-examined  proposal  for a 

COUNCIL  REGULATION 

laying down  general  rules for the granting of 
Community  financial  aid  in the  field 
of trans-European  networks 

(Submitted  by the Commission  pursuant 
to Article  I89c(d) of the  EC Treaty) 

Common  position 

8th  recital 

Re-examined  proposal 

8th recital 

Whereas  involvement  of  private  capital 
trans-European  networks 
in 
should  be  increased; 

funding 

funding 

Whereas  involvement  of  private  capital 
trans-European  networks 
in 
should be increased  and the partnership 
between  the  public  and  private  sectors 
extended; 

Article 2 
eligibility 

Article 2 
Eligibility 

Projects  shall  be  eligible  if  they  are 
financed by  the  Member  Slates or by 
regional  or  local  authorities  or  by 
bodies  working  within 
an 
framework 
administrative  or 
which  makes 
to 
public  entities,  in  particular  public or 
private  enterprises  which  run  public 
services  or  services  in  the  public 
interest. 

them  equivalent 

legal 

2.  Projects  shall  be  eligible  if  they  are 
financed  by  the  Member  States or by 
regional  or  local  authorities  or  by 
an 
bodies  working  within 
framework 
administrative  or  legal 
which  makes  them  equivalent 
to 
public entities,  in particular  public or 
private  enterprises  which  run  public 
services  or  services  in  the  public 
interest 
projects 
considered to be in the public interest. 

undertake 

or 

Article  4(1 a) 

Article 4(1 a) 

(a)  co-financing  of  studies  related  to 
projects, 
including  preparatory, 
feasibility  and  evaluation  studies, 
and 
support 
measures  for  these studies. 
Community  participation  may 
in 
general  not exceed  50% of the total 
cost  of a study. 

technical 

other 

(a)  co-financing  of  studies  related  to 
projects, 
including  preparatory, 
feasibility  and  evaluation  studies, 
and 
support 
measures for  these studies. 
Community  participation  may 
in 
general not exceed 50% of the total 
cost of a study. 

technical 

other 

In  exceptional,  duly  substantiated 
the 
cases,  at 

initiative  of 

the 

In  exceptional,  duly  substantiated 
cases,  and  with  the  consent  of  the 

Commission  and  with  the  consent 
of  the  Member  Stales  concerned. 
Community 
participation  may 
exceed  the  limit  of  50%; 

Member  States  concerned, 
the 
Commission  may  propose  studies. 
Community  participation  in  such 
studies  may, 
if  necessary,  be 
extended  to  100% of  the total  cost. 

Article  5(3) 

Article  5(3) 

form 
the 

of 
the 
of 
Regardless 
intervention 
total 
chosen, 
amount  of  Community  aid  under 
this  Regulation  shall  not  exceed 
10% of  the  total  investment  cost. 

3.  Regardless 

form 
the 

of 
the 
of 
intervention 
total 
chosen, 
amount  of  Community  aid  under 
this  Regulation  shall  not  exceed 
10% of  the  total  investment  cost. 

Where projects are of modest  scope 
and/or  entail  low  investment,  the 
Community  financial  contribution 
may  exceed  the  abovementioned 
10%  limit, 
if  proposed  by  the 
Commission  and  agreed  by  the 
Member States concerned, although 
in such  cases  it must not exceed an 
upper  limit  of 30%. 

Article  18 
Budgetary  resources 

The  financial  reference  amount  for  the 
implementation  of  this  Regulation 
is 
the  period 
ECU  2  345  million 
1995-1999. 

for 

Article  18 

Deleted 

ANNEX 

European  Parliament  amendments  not  included  by  the  Commission 

Common position of the Council1 

Amendments by Parliament 

(Amendment  1) 
Citation 5 

in  accordance  with  the 
Acting 
procedure  laid  down  in  Article  189c 
of the Treaty, 

Acting  in  accordance  with  the 
procedure  laid  down  in  Article  189c 
of the Treaty and in cooperation with 
the European Parliament. 

(Amendment 2) 
Recital 7 

the 

Whereas the guidelines referred  to in 
Article  129c(1)  of  the  Treaty, 
proposed bv the Commission, are under 
European 
by 
consideration 
Parliament  and  the Council; whereas, 
should  the  decisions  adopting  these 
guidelines  not  have  entered  into 
force  when  this  Regulation  enters 
into  force, provision  should  be made 
on  a  transitional  basis  for  a 
possible  Community  contribution  to 
specific priority projects within the 
limits 
appropriations 
available for the financial year 1995 
and  at  the  latest  until  31  December 

the 

of 

Whereas  until  such  time  as  the 
Council  and  the  European  Parliament 
have  decided  on  the  guidelines 
referred to in Article  129c(1) of the 
Treaty, infrastructure projects which 
contribute  to the achievement  of  the 
objectives  of  Article  129b  of  the 
Treaty  concerning  the  establishment 
and  development  of  trans-European 
networks may be supported; 

(Amendment 4) 
Recital 9 

whereas 

subsidies; 

Whereas  Community  aid  may  take  the 
form  in  particular  of  feasibility 
studies,  loan guarantees or  interest 
rate 
these 
subsidies  and  guarantees  relate  in 
particular  to  financial  support  from 
the European Investment Bank or other 
public  or  private  financial  bodies; 
whereas  in  certain  duly  justified 
cases  direct  grants  to  investments 
may be considered; 

Whereas  Community  aid  may  take  the 
form  in  particular  of  preparatory, 
feasibility  and  technical  studies, 
loan  guarantees  or  interest  rate 
subsidies;  whereas  these  subsidies 
and  guarantees  relate  in  particular 
to  financial  support 
from  the 
European  Investment  Bank  or  other 
public  or  private  financial  bodies; 
whereas  in  certain  cases  direct 
be 
to 
grants 
considered; 

investments 

may 

3 

(Amendment  5) 
Recital 13 

Whereas  Community  aid  is  to  be 
granted  to  projects  on  the  basis  of 
how  much  they  contribute  to  the 
objectives  of  Article  129b  of  the 
Treaty  and  the  other  objectives  and 
priorities  covered  by  the  guidelines 
referred  to  in  Article  129c  of  the 
Treaty;  whereas  account  should  also 
be taken of other aspects such as the 
stimulative  effect  on  public  and 
private  finance, , the  direct  and 
indirect  socio-economic  effects  of 
on 
projects, 
employment, and  the consequences  for 
the environment; 

particular 

in 

Whereas  Community  aid  is  to  be 
granted  to projects  on  the  basis  of 
how  much  they  contribute  to  the 
objectives  of  Article  129b  of  the 
Treaty  and  the  other  objectives  and 
priorities covered  by  the guidelines 
referred  to  in  Article  129c  of  the 
Treaty;  whereas  account  should  also 
be taken of other aspects such as the 
stimulative  effect  on  public  and 
private  finance,  the  direct  and 
indirect  socio-economic  effects  of 
on 
projects, 
employment, and  the consequences  for 
the 
regional 
planning; 

environment 

particular 

and 

in 

;Amendment 6) 
Recital 14 

Whereas the Commission must carefully 
evaluate 
economic 
the  potential 
viability  of  the  projects,  with  the 
help  of  cost/benefit  analyses  and 
other  appropriate  criteria,  as  well 
as their  financial profitability; 

Whereas the Commission must carefully 
evaluate  the  potential  economic 
viability  of  the  projects, with  the 
help 
analyses 
cost/benefit 
involving  financial,  economic  and 
social  perspectives, analyses of  the 
capacity  of  existing  infrastructures 
and other appropriate criteria; 

of 

(Amendment 7) 
Recital 15 

Whereas  Community  financial  support 
under  Article  129c(1)  of  the  Treaty 
must  be  compatible  with  Community 
policies,  in  particular  on  networks 
environmental 
and 
protection, competition and the award 
of 
whereas 
environmental  protection  includes  an 
environmental  impact assessment; 

contracts; 

regards 

public 

as 

Whereas  Community  financial  support 
under  Article  129c(1) of  the  Treaty 
must  be  compatible  with  Community 
policies,  in  particular  with  a 
sustainable  common  transport  policy 
e n e r gy , 
and 
r e g a r ds 
as 
telecommunications. 
environmental 
protection, competition and the award 
whereas 
of 
environmental  protection  includes  an 
environmental  impact  assessment  of 
projects; 

contracts; 

public 

Article 2(1 

second subparagraph and  (2),  first subparagraph 

(Amendment 8) 

Parts of  projects within  the meaning 
of the  first  subparagraph  shall also 
be  eligible  insofar  as  they  form 
technically 
financially 
and 
independent units. 

Parts of projects within the meaning 
of the  first.subparagraph shall  also 
be  eligible  insofar  as  they  form 
technically 
financially 
and 
independent  units,  in  particular 
preparatory, 
and 
technical studies. 

feasibility 

/yO 

2.  Projects shall also be eligible if 
they  are  financed  by  the  Member 
States  or  by  regional  or  local 
authorities  or  by  bodies  working 
within  an  administrative  or  legal 
framework which makes them equivalent 
to  public  entities,  in  particular-
public  or  private  enterprises  which 
run  public  services  or  services  in 
the public interest. 

also 

shall 

Projects 

2. 
be 
eligible  if they  are  financed by  the 
Member States or by regional or local 
authorities  or  by  bodies  acting 
within  an  administrative  or  legal 
framework which makes them equivalent 
to  public  entities,  in  particular 
public  or  private  enterprises  which 
run  public  services  or  services  in 
the  public  interest  or  undertake 
projects  considered  to  be  in  the 
public interest. 

(Amendment  24) 
Article 3, first paragraph 

into 

force 

Should  the  dec  ions  adopting  the 
guidelines  refe red  to  in  Article 
129c(1)  of  the  Treaty  not  yet  have 
entered 
this 
Regulation 
force, 
specific  projects,  the  financing  of 
which  is  of  a  priority  nature  and 
which  relate  in  particular  to 
transport  infrastructure,  may  be 
regarded  as  eligible  within  the 
meaning of  this Regulation. 

enters 

when 

into 

into 

into 

when 

force 

enters 

Should  the  decisions  adopting  the 
guidelines  referred  to  in  Article 
129c(1)  of  the  Treaty  not  yet  have 
entered 
this 
Regulation 
force, 
transport infrastructure projects  in 
particular,  which  contribute  to  the 
achievement  of  the objectives  of the" 
creation  and  development  of  trans-
European  networks  as  set  out  in 
Article  129b  of  the  Treaty  may  be 
regarded  as  eligible  within  the 
meaning of this Regulation until that 
date. 

(Amendment  22) 
Article 4(1)(a) to (d) 

p r o j e c t s, 

(a)  co-financing  of  studies  related 
to 
including 
preparatory,  feasibility  and 
evaluation  studies  and  other 
technical  support  measures  for 
these studies. 

projects, 

(a)  co-financing  of  studies  related 
including 
to 
preparatory, 
feasibility^ 
evaluation and technical studies 
and  other  technical  support 
measures for these studies. 

Community  participation  may  in 
general  not  exceed  50%  of  the 
total cost of a study. 

Community  participation  may  in 
general  not  exceed  50%  of  the 
total cost of a study. 

e x c e p t i o n a l, 

For  studies  undertaken  at  the 
initiative of the Commission and 
in 
substantiated  cases,  at  the 
initiative of the Commission and 
with  the  consent  of  the  Member 
Community 
States 
participation may be extended to 
100% of the total cost: 

concerned, 

d u ly 

d u ly 

e x c e p t i o n a l, 

In 
substantiated  cases,  at  the 
initiative of the Commission and 
with  the  consent  of  the  Member 
States 
Community 
participation  may  exceed  the 
Umit of 5Q%; 

concerned, 

^ 

(b)  subsidies  of  the  interest  on 
loans  granted  by  the  European 
Investment  Bank  or other  public 
or  private  financial  bodies,. As 
a  general  rule,  the duration of 
a  subsidy  shall  not  exceed  fivo 
Ye?rs.; 

(c)  contributions  towards  fees  for 
guarantees  for  loans  from  the 
European  Investment  Fund  or 
other  financial institutions; 

(d)  direct  grants  to investments  in 

duly  justified cases; 

(b)  subsidies  of  the  interest  on 
loans  granted  by  the  European 
Investment  Bank  or other  public 
or private  financial bodies; 

(c)  contributions  towards, fees  for 
guarantees  for  loans  from  the 
European  Investment  Fund  or 
other financial institutions; 

(d)  direct grants to investments and 
any other  tyre of  financial  aid 
the 
suitable 
found 
achievement 
same 
of 
objectives  in  duly  justified 
cases,  in particular  in  island, 
landlocked 
peripheral 
and 
regions where the trans-European 
networks  are  essential 
for 
development; 

for 
the 

(Amendments 23 and  11) 
Article 5(3) and  (4) 

4, The  financial  resources  provided 
for under  this Regulation  shall not, 
in principle, be assigned to projects 
or  stages  of  projects  which  benefit 
from  other  sources  of  Community 
funding. 

Deleted 

(Amendment  12) 
Article 6(2) and  (3) 

that 

2. Community aid shall be assigned to 
projects 
potentially 
economically viable and for which the 
financial  profitability  at  the  time 
deemed 
of 
insufficient. 

application 

are 

is 

2.  Community  aid  shall be  assigned 
to  projects  that  are  potentially 
economically  and  socio-economically 
viable.  taking  account  of  their 
direct  or  indirect  effects.  in 
particular on employment. 

3. The  decision  to  grant  Community 
assistance  should  also  take  account 
of: 

3.  The decision  to grant  Community 
assistance  should  also  take  account 
of: 

the maturity of the project; 

the maturity of the project; 

stimulative 

the 
of 
Community  intervention  on  public 
and private finance; 

effect 

yfc 

stimulative 

the 
of 
Community intervention on public 
and private finance; . 

effect 

the  soundness  of  the  financial 
package; 

the  soundness  of  the  financial 
package; 

direct  or  indirect  socio-economic 
on, 
effects. 
employment ; 

particular 

in 

the environmental consequences^. 

the environmental'consequences! 

consistency 
with 
regional planning; 

Community 

the  trans-fropu^r  nature  ?f  the 
project  and  its ability  to  fill 
gaps  in  the network. 

(Amendment  13) 
Article 7 

shall 

The  projects  financed  under  this 
with 
Regulation 
Community  law and Community policies, 
in 
to 
environmental protection, competition 
and  the award of public contracts. 

particular 

relation 

comply 

in 

shall 

comply 

The  projects  financed  under  this 
with 
Regulation 
Community law and Community policies, 
in  particular  with  the  provisions 
concerning  the  common  transport^ 
telecomwucsUogs, 
poli-ÇYi  energy. 
environmental protection, competition 
and the award of public contracts. 

(Amendment  14) 
Article 8 

Applications  for  financial  aid shall 
be submitted to the Commission by the 
Member State concerned or by the body 
directly concerned with the agreement 
of the Member  State. 

Applications  for financial  aid  shall 
be submitted to the Commission by the 
Member  State  concerned  or  by  the 
public  or  private  body  directly 
concerned  with  the  agreement  of  the 
Member State. 

(Amendment  15) 
Article 9(1)(a),  indents 3 to 5 

the  results  of  the  cost/benefit 
analyses, including the results of 
the  potential  economic  viability 
analysis  and  of  the  financial 
profitability analysis; 

-  the results  of  the cost/benefit 
analyses,  including  the  results 
economic 
potential 
of 
viability  analysis  and  of  the 
f i n a n c i al 
profitability analysis; 

s o c i al 

and 

the 

the  position  of  the  project, 
according  to  the  guidelines,  in 
the  field  of  transport,  on  the 
axes and nodes; 

consistency 
planning; 

with 

regional 

the  position  of  the  project, 
according  to the guidelines,  in 
the  field  of  transport,  on  the 
axes and nodes; 

consistency 
regional 
planning  and  overall  physical 
planning; 

with 

13 

(Amendment  16) 
Article 10 

The Commission  shall decide  to grant 
financial  aid  under  this  Regulation 
according  to  its  assessment  of  the 
applications  in  accordance  with  the 
selection  criteria  and  the procedure 
specified  in  Article  17.  It  shall 
notify  its  decision  directly  to  the 
beneficiaries  and  to  the  Member 
States. 

The Commission  shall decide  to grant 
financial  aid  under  this  Regulation 
according  to  its  assessment  of  the 
applications  in  accordance  with  the 
selection criteria  and  the procedure 
specified in Article  17, as far as is 
possible within six months of receipt 
of  the  application.  It  shall  notify 
the 
its  decision 
beneficiaries  and  to  the  - Member 
States. 

directly 

to 

(Amendment  17) 
Article  11(2a) (new) to (4) 

2a.  Commitments  and  payments  shall 
be expressed  and made in ECUs. 

3. Decisions  to  grant  financial  aid 
taken by the Commission under Article 
10 shall be binding as commitments to 
incur  expenditure  authorized  by  the 
Budget. 

3.  Decisions to grant financial aid 
taken by the Commission under Article 
10 shall be binding as commitments to 
incur  expenditure  authorized  by  th~e 
Budget. 

4. As a general  rule, payments  shall 
be  made  in  the  form  of  advances, 
intermediate  payments  and  a  final 
payment. The advance, which shall not 
normally  exceed  50%  of  the  first 
annual  tranche,  shall  be  paid  once 
the  application  for  aid  has  been 
approved. Intermediate payments shall 
be made on  the basis of  requests  for 
payment,  taking  account  of  the 
progress  made  in  implementing  the 
project  or  study  and,  if  necessary, 
taking  account  of  revised  financial 
plans  in  a  rigorous  and  transparent 
manner. 

4.  As  a  general  rule,  payments 
shall  be  made  in  the  form  of 
advances, intermediate payments and a 
final  payment.  The  advance,  which 
shall not normally  exceed  50% of  the 
first  annual  tranche,  shall  be  paid 
once the application for aid has been 
approved. Intermediate payments shall 
be made on the basis of requests  for 
payment,  taking  account  of  the 
progress  made  in  implementing  the 
project  or  study  and,  if  necessary, 
taking  account  of  revised  financial 
plans  in  a  rigorous  and  transparent 
manner, provided  at  least  two-thirds 
of  the  expenditure  related  to  the 
earlier payment has been effected. 

/</ 

(Amendment  18) 
Article  17(2) to (4) 

2.  In  implementing  this  Regulation, 
the  Commission  shall  be  assisted  by 
one  Committee  that will meet  in the 
appropriate  composition  according  to 
the sectors  treated: 

2. 
In implementing this Regulation, 
the  Commission  shall  be  assisted  by 
one  Committee.  of  a  consultative 
nature,  that  will  meet  in  the 
appropriate  composition  according  to 
the sectors treated: 

trans-European  networks  in  the 
field of transport; 
trans-European  networks  in  the 
field of  telecommunications; 
trans-European  networks  in  the 
field of energy. 

trans-European  networks  in  the 
field of transport; 
trans-European  networks  in  the 
field of telecommunications; 
trans-European  networks  in  the 
field of energy. 

The  Committee  shall  be  composed  of 
representatives  of  the Member  States 
and  chaired  by  a  representative  of 
the Commission. 

The  Committee  shall  be  composed  of 
representatives  of  the Member  States 
and  chaired  by  a  representative  of 
the Commission. 

The  European  Investment  Bank  shall 
appoint  a  representative  to  the 
Committee who shall not vote. 

The  European  Investment  Bank  shall 
appoint  a  representative  to  the* 
Committee who shall not vote. 

of 

3.  The 
the 
representative 
Commission  shall  submit  to  the 
Committee  a draft of  the measures  to 
be  adopted.  The  Committee  shall 
deliver  its  Opinion  on  the  draft 
within  a  time  limit  which  the 
Chairman  may  lay  down  according  to 
the  urgency  of  the  matter.  if 
necessary  by taking a vote. 

of 

representative 

3. The 
the 
Commission  shall  submit  to  the 
Committee  a draft  of  the measures to 
be  adopted.  The  Committee  shall 
deliver  its  Opinion  on  the  draft 
within  a  time  limit  which  the 
Chairman  may  lay  down  according  to 
the  urgency  of  the  matter.  The 
Opinion  shall  be  delivered  by  the 
majority  laid down  in Article  148(2) 
of  the  Treaty  in  the  case  of 
decisions  which  the  Council  is 
required  to adopt  on a proposal  from 
the Commission. When votes are taken 
within  the  Committee,  the  votes  of 
the  representatives  of  the  Member 
States within  the Committee  shall be 
weighted  as defined  in that Article. 
The Chairman  shall not vote. 

4.  (a 1  The  Commission  shall  adopt 
the  measures  envisaged  if 
they  are  in  accordance  with 
the opinion of the Committee. 

4.  The Opinion shall be recorded in 
the minutes; each Member State  shall 
have  the  riaht  to  request  that  its 
position be included  in the minutes. 

If 

4â^-  The  Commission  shall  take  full 
account  of  the  Committee's  Qpin^9^ 
It Shall  inform  the Committee of 
t^a 
way  in which  it has done so. 

(b)  If the mj^Q:;.nrej,^_onyisaqed are 
not  in  accordance  with  the 
opinion  of  the Committee, or 
if  no  opinion  is delivered, 
the Commission shall, without 
delay, submit  to the Council 
a  proposal  relating  to, the 
measures  to  be  taken.  The 
Council  shall  act  bv  a 
qualified  majority. 

If,  on  the  exoirv  of  a  period  of 
three  months  from  the  date  of 
referral  to the Council,  the Council 
has not  acted,  the proposed  measures 
shall be adopted by the Commission. 

(Amendment 20) 
Article 19 

Article 19 

Deleted 

Revision clause 

Before  the  end  of  1999.  acting  in 
accordance  with  the  procedure  laid 
down  in  the  third  paragraph  of 
Article  129d  of  the  Treaty,  the 
Council  shall  examine  whether  and 
under  which  conditions  the  measures 
provided  for  in this Regulation will 
be  continued  after  the  end  of  the 
period  referred  to in Article 18. 

J* 

ISSN 0254-1475 

COM(95) 428  final 

DOCUMENTS 

EN 

01  07 

Catalogue number  : CB-CO-95-467-EN-C 

ISBN 92-77-93369-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

si}