Common Position (EC) No 26/2004 of 14 April 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a decision of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network Text with EEA relevance
Date: 2004-04-14
Institutions: Council of the European Union
Subjects: common transport policy, environmental impact, rail network, trans-European network, transport network

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Official Journal of the European Union

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 26/2004

adopted by the Council on 14 April 2004

with a view to adopting Decision No ð/2004/EC of the European Parliament and of the Council of
ð amending Decision No 1692/96/EC on Community guidelines for the development of the trans-
European transport network

(Text with EEA relevance)

(2004/C 101E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

mise the capacity of
network.

the trans-European transport

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

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

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

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1)

(2)

Decision No 1692/96/EC of the European Parliament
and of the Council (5) laid down Community guidelines
for the trans-European transport network,
identifying
projects of common interest intended to contribute to
the development of that network and, in Annex III, iden-
tifying the specific projects to which the European
Council attached particular importance at its meetings in
Essen in 1994 and in Dublin in 1996.

Growth in traffic, in particular due to the growing share
of heavy goods vehicles, has
resulted in increased
congestion and bottlenecks on international transport
corridors. In order to ensure international mobility of
goods and passengers, it is therefore necessary to opti-

(1) OJ C 362 E, 18.12.2001, p. 205 and OJ C 20 E, 28.1.2003, p. 274.
(2) OJ C 125, 27.5.2002, p. 75.
(3) OJ C 278, 14.11.2002, p. 7.
(4) Opinion of the European Parliament of 30 May 2002 (OJ C 187 E,
7.8.2003, p. 130), Council Common Position of 14 April 2004 and
Position of the European Parliament of ð.

(5) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No

1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

(3)

(4)

(5)

The Gothenburg European Council in 2001 invited the
Community institutions to adopt revised guidelines for
the trans-European transport network, with a view to
giving priority, where appropriate,
to infrastructure
investment
inland waterways, short sea
for railways,
shipping, intermodal operations and effective intercon-
nections. In this framework, the contribution of inland
waterways ports and regional airports to the objectives
of the trans-European transport network should not be
underestimated.

The forthcoming enlargement of the European Union
and the objective of shifting the balance between trans-
port modes, and achieving an infrastructure network
capable of meeting growing needs, together with the fact
that it could take over ten years to complete some of the
priority projects, call for re-examination of the list of
projects in Annex III to Decision No 1692/96/EC.

Bulgaria, the Czech Republic, Cyprus, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Romania, the Slovak
Republic, Slovenia, and Turkey have concluded associa-
tion agreements and Europe agreements and have
applied for membership of the European Union. The
transport administrations of eleven of these countries
have carried out, with the support of the Commission, a
transport
infrastructure needs assessment aimed at
defining a network according to the same principles as
laid down in Decision No 1692/96/EC.

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(6)

(7)

(8)

(9)

The Barcelona European Council in 2002 underlined the
objective of reducing bottlenecks in regions such as the
Alps, the Pyrenees and the Baltic Sea.

The Brussels European Council
in December 2003
stressed that the priority projects identified in the guide-
lines are crucial to the strengthening of Internal Market
cohesion, especially in view of the forthcoming enlarge-
ment of the Union and of the need to remove bottle-
necks and/or complete missing links for the movement
of goods (transit) across natural or other barriers or
across borders.

The second Pan-European Transport Conference in Crete
in 1994 and the third Pan-European Transport Confer-
ence in Helsinki
in 1997 identified ten pan-European
transport corridors and four pan-European areas as prio-
rities for cooperation between the European Community
and the third countries concerned.

their potential economic viability,

In its report submitted to the Commission on 30 June
the High-Level Group on the trans-European
2003,
transport network (hereinafter (cid:145)the High-Level Group(cid:146))
identified a limited number of priority projects using a
methodology based on criteria which include, in particu-
lar,
the degree of
the Member States
commitment on the part of
concerned to keeping to a timetable agreed in advance
in the programming of projects, their impact on the
mobility of goods and persons between Member States,
and their impact on cohesion and sustainable develop-
ment. The report also includes projects in the new
Member States which will
join the Union on 1 May
2004. The results of such cooperation should be taken
into account.

(10)

Environmental protection requirements should be inte-
grated into the definition and implementation of Com-
munity policy in the field of
the trans-European
networks in accordance with Article 6 of the Treaty.
This entails the promotion as a priority of infrastructure
for transport modes that cause less damage to the envir-
onment, namely rail transport, short sea shipping and
inland waterways shipping.

(11)

It is necessary to implement the central objective of
decoupling the negative effects of transport growth from
growth in GDP, as the Commission proposed in its
communication on a European Union strategy for
sustainable development.

(12)

Environmental
2001/42/EC of

pursuant
assessment
the European Parliament and of

to Directive
the

transport

the
Council of 27 June 2001 on the assessment of
effects of certain plans and programmes on the environ-
ment (1) will in the future be carried out for all plans and
programmes leading to projects of common interest.
Funding for
infrastructure should also be
conditional on the compliance with the provisions of
Community environmental
in particular
Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment (2) and Council Directives
79/409/EEC of 2 April 1979 on the conservation of
wild birds (3) and 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and
flora (4).

legislation,

(13)

(14)

The Commission White Paper on the European transport
policy calls for an integrated approach combining, inter
alia, measures to revitalise the rail sector, in particular
for freight services, to promote inland waterway ship-
ping and short
to encourage greater
complementarity between high speed rail and air trans-
port and to promote the development of interoperable
intelligent transport systems in order to ensure increased
network efficiency and safety.

sea shipping,

The efficiency of the common transport policy depends,
inter alia, on coherence between the measures to revita-
lise the rail sector and to develop the rail infrastructure.
Directive 2001/12/EC of the European Parliament and of
the Council of 26 February 2001 amending Council
Directive 91/440/EEC on the development of
the
Community’s railways (5) provides for a Trans-European
Rail Freight Network open to international freight trans-
port services after 2003. The lines of the Trans-European
Rail Freight Network should be considered as part of the
rail network defined by the guidelines
in
Decision No 1692/96/EC so that they can benefit from
investments and attract traffic from the road.

set out

(15) Within the general objective of ensuring the sustainable
mobility of persons and goods, mechanisms should be
put in place to support the development of motorways
of the sea between Member States in order to reduce
road congestion and/or improve access to peripheral and
island regions and States. Establishment of such mechan-
isms, backed up,
inter alia, by tendering procedures,
should be transparent and geared to needs andshould in
no way prejudice the Community rules on competition
or on public procurement.

(1) OJ L 197, 21.7.2001, p. 30.
(2) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Direc-
tive 2003/35/EC of the European Parliament and of the Council
(OJ L 156, 25.6.2003, p. 17).

(3) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Council

Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(4) OJ L 206, 22.7.1992, p. 7. Directive as

last amended by
Regulation (EC) No 1882/2003 of the European Parliament and of
the Council (OJ L 284, 31.10.2003, p. 1).

(5) OJ L 75, 15.3.2001, p. 1.

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(16)

(17)

(18)

Support for the development of the motorways of the
sea should be seen as complementary to the provision of
Community aid as an incentive to the development of
short sea shipping operations under the Marco Polo
Programme established by Regulation (EC) No 1382/
2003 of the European Parliament and of the Council of
22 July 2003 on the granting of Community financial
assistance to improve the environmental performance of
the freight transport system (Marco Polo Programme) (1)
and should be based on the same criteria. However, the
granting of Community financial assistance under the
two instruments should not be cumulative.

There is a need for declaring priority projects to be of
European interest, for concentrating Community finan-
cing on such projects and for introducing mechanisms
to encourage coordination between Member States in
order to facilitate completion of the projects within the
desired timetable.

In accordance with Article 154 of the Treaty, the trans-
European network policy should help to strengthen
economic and social cohesion within the Community. In
order to achieve this objective, efforts should be made to
maximise consistency between the Community guide-
lines for the trans-European transport network and the
programming of the relevant financial instruments avail-
able at Community level.

(22)

(23)

(24)

(25)

(19) A posteriori evaluation of the priority projects should
facilitate future revisions of the guidelines and of the list
of priority projects and should help improve the a priori
evaluation methods practised by the Member States.

(20) A situation in which national procedures for the assess-
ment of the environmental and socio-economic impact
of a project are carried out separately by Member States
may prove to be inappropriate to the transnational
dimension of projects declared to be of European
interest. In order to resolve this, coordinated evaluation
and public consultation procedures or
transnational
enquiry procedures covering the different Member States
concerned and focusing on the socio-economic and
environmental aspects should be developed, in addition
to joint evaluation methods. These procedures should
apply without prejudice to the obligations imposed by
the Community legislation on environmental protection.

(21)

Closer coordination between the States
involved in
projects on the same route may be necessary to improve
the return on investments and to make it easier to
synchronise investments and to put together a funding
package.

(1) OJ L 196, 2.8.2003, p. 1.

up

set

Cross-border sections should be identified by Member
States on the basis of criteria to be defined by the
Committee
of
under
Decision No 1692/96/EC. The existing references to
cross-border sections of the priority projects included in
Annex III to that Decision should not prejudge the defi-
nition of cross-border
sections according to these
criteria.

Article

18(2)

the
The Commission has conducted an analysis of
impact of the recommendations made by the High-Level
Group. The results show that carrying out the projects
identified by the Group, combined with several of the
measures under the Common Transport Policy, such as
charging for the use of infrastructure and opening up
rail freight to competition, would produce significant
benefits in terms of time savings, lower emissions and
less congestion, better access to peripheral Member
States and to the new Member States, and greater
general well-being.

In order to comply with the objectives of the trans-Euro-
pean transport network and to meet the transport chal-
lenges of enlargement, a considerable increase in appro-
priations for the trans-European networks is needed.

to boost growth,

The Commission might decide to propose to the Euro-
pean Parliament and the Council that it is necessary to
take forward projects other
than those included in
Annex III of Decision No 1692/96/EC in order to pursue
integrate an
objectives
enlarged Europe and to improve the productivity and
competitiveness of European business on global markets,
as well as to contribute to the objective of economic,
social and territorial cohesion and to intermodality.
These projects should be given appropriate priority
within the context of Community financing instruments.

to better

(26) Decision No 1692/96/EC should therefore be amended

accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision No 1692/96/EC is hereby amended as follows:

1. in Article 2(1), the date (cid:145)2010(cid:146) shall be replaced by (cid:145)2020(cid:146);

2. Article 3(2) shall be replaced by the following:

The transport infrastructure shall comprise road, rail
(cid:145)2.
and inland waterway networks, motorways of
the sea,
seaports and inland waterway ports, airports and other
interconnection points between modal networks.(cid:146);

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3. Article 5 shall be replaced by the following:

(cid:145)Article 5

Priorities

Taking into account the objectives set out in Article 2 and
the broad lines of measures set out in Article 4, the priori-
ties shall be:

(a) establishment and development of the key links and
interconnections needed to eliminate bottlenecks, fill in
missing sections and complete the main routes, espe-
cially their cross-border sections, cross natural barriers,
and improve interoperability on major routes;

(b) establishment and development of infrastructure which
promotes the interconnection of national networks in
order to facilitate the linkage of
islands, or areas
similar to islands, as well as landlocked, peripheral and
outermost regions and the central regions of the Com-
munity, in particular to reduce the high transport costs
of these areas;

(c) the necessary measures for the gradual achievement of
including, where

an interoperable
feasible, routes adapted for freight transport;

rail network,

(d) the necessary measures

to promote long-distance,

short sea and inland shipping;

(e) the necessary measures to integrate rail and air trans-
port, especially through rail access to airports, when-
ever appropriate, and the infrastructures and installa-
tions needed;

(f) optimisation of the capacity and efficiency of existing
and new infrastructure, promotion of
intermodality
and improvement of the safety and reliability of the
network by establishing and improving intermodal
terminals and their access infrastructure and/or by
deploying intelligent systems;

(g) integration of safety and environmental concerns in
the design and implementation of the trans-European
transport network;

(h) development of sustainable mobility of persons and
goods in accordance with the objectives of the Euro-
pean Union on sustainable development(cid:146);

4. Article 8 shall be replaced by the following:

(cid:145)Article 8

Environmental Protection

1. When projects are planned and carried out, environ-
mental protection must be taken into account by the
Member States by carrying out, pursuant to Council Direc-
tive 85/337/EEC, environmental
impact assessments of
projects of common interest which are to be implemented
and by applying Council Directives 79/409/EEC of 2 April
1979 on the conservation of wild birds (*) and 92/43/EEC.

shall be

As from 21 July 2004 an environmental assessment of the
plans and programmes leading to such projects, especially
where they concern new routes or other important nodal
infrastructure development,
carried out by
Member States pursuant to Directive 2001/42/EC of the
European Parliament and of the Council of 27 June 2001
on the assessment of
the effects of certain plans and
programmes on the environment (**). Member States shall
take the results of
into
account in the preparation of the plans and programmes
concerned, according to Article 8 of that Directive.

this environmental assessment

2.
By 21 July 2004, the Commission shall, in agreement
with Member States, develop suitable methods for imple-
menting the strategic environmental assessment with the
objective of ensuring, inter alia, appropriate coordination,
avoiding the duplication of efforts, and achieving simplifi-
cation and acceleration of planning processes for cross-
border projects and corridors.

The results of this work and of the environmental assess-
ment of the TEN projects carried out by Member States
pursuant to Directive 2001/42/EC shall, as appropriate, be
taken into account by the Commission in its report on the
guidelines
and the possible accompanying legislative
proposals to revise the guidelines provided for in Article
18(3) of this Decision.

(*) OJ L 103, 25.4.1979, p. 1. Directive as last amended
by Council Regulation (EC) No 807/2003 (OJ L 122,
16.5.2003, p. 36).

(**) OJ L 197, 21.7.2001, p. 30.(cid:146);

5. in Article 9, paragraph 3 shall be replaced by the

following:

(cid:145)3.
for
The network shall also include management
traffic infrastructure, user information, dealing with inci-
dents and emergencies and electronic fee collection, such
infrastructure being based on active cooperation between
traffic management systems at European, national and
regional
level and service providers of travel and traffic
information and value added services, which will ensure
the necessary complementarity with applications whose
deployment is facilitated under the trans-European tele-
communications networks programme.(cid:146);

6. Article 10 shall be replaced by the following:

(cid:145)Article 10

Characteristics

The rail network shall comprise high-speed rail lines

1.
and conventional rail lines.

The high-speed rail network using current or new

2.
technology shall comprise:

(a) specially built high-speed lines equipped for speeds

generally equal to or greater than 250 km/h;

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(b) specially upgraded high-speed lines
speeds of the order of 200 km/h;

equipped for

(f) permit interconnection via ports of common interest

with short sea shipping and inland waterways.

(c) specially upgraded high-speed lines or lines specially
built for high speed and connected to the high-speed
rail network which have special features as a result of
topographical or environmental, relief or town-plan-
ning constraints, on which speed must be adapted indi-
vidually.

lines using current

The high-speed rail network shallconsist of the lines indi-
cated in Annex I. Essential requirements and technical
specifications for interoperability applicable to high-speed
technology shall be defined in
rail
accordance with
of
23 July 1996 on the interoperability of the trans-European
high-speed rail system (*). Member States shall give the
Commission prior notice of the opening of any high-speed
line and of the line’s technical characteristics.

Council Directive

96/48/EC

The conventional rail network shall comprise lines
3.
for the conventional transport by rail of passengers and
freight, including the rail segments of the trans-European
combined transport network referred to in Article 14,
access links to sea and inland ports of common interest
and those freight terminals which are open to all opera-
tors. Essential requirements and technical specifications for
interoperability applicable to the conventional rail lines are
defined in accordance with Directive 2001/16/EC of the
European Parliament and of the Council of 19 March 2001
on the interoperability of the trans-European conventional
rail system (**).

4.
The rail network shall include the infrastructures and
the facilities enabling the integration of rail and road and,
where appropriate, maritime services and air transport
services. In this regard, particular attention shall be paid to
the interconnection of regional airports with the network.

The rail network shall

5.
following functions:

fulfil at

least one of

the

(a) play an important

role in long-distance passenger

implementation of

6.
The rail network shall offer users a high level of
quality and safety, by virtue of its continuity and of the
gradual
its interoperability, brought
about in particular by technical harmonisation and the
ERTMS harmonised command and control system recom-
mended for the European railway network. To this end, a
deployment plan, coordinated with national plans, shall be
established by the Commission in consultation with the
Member States.

(*) OJ L 235, 17.9.1996, p. 6. Directive as last amended
by Regulation (EC) No 1882/2003 of the European
Parliament and of the Council (OJ L 284, 31.10.2003,
p. 1).

(**) OJ L 110, 20.4.2001, p. 1.(cid:146);

7. Article 11 shall be amended as follows:

(a) the following paragraph shall be inserted:

(cid:145)3b.
The inland ports of the network equipped with
transhipment facilities for intermodal transport or with
an
least
volume
500 000 tonnes are shown in Annex I.(cid:146);

annual

freight

traffic

of

at

(b) paragraph 4 shall be replaced by the following:

the

also include

The network shall

traffic
(cid:145)4.
management infrastructure. This shall entail in particu-
lar the establishment of an interoperable,
intelligent
traffic and transport system known as the (cid:146)River Infor-
mation Services(cid:145)
intended to optimise the existing
capacity and safety of the inland waterway network
and to improve interoperability with other modes of
transport.(cid:146);

8. the following Article shall be inserted:

traffic;

(b) permit
priate;

interconnection with airports, where appro-

(cid:145)Article 12a

Motorways of the sea

(c) permit access to regional and local rail networks;

(d) facilitate freight

transport by identifying and devel-
oping trunk routes dedicated to freight or routes on
which freight trains have a priority;

(e) play an important role in combined transport;

1.
The trans-European network of motorways of the sea
shall aim to concentrate flows of freight on sea-based logis-
tical routes in such a way as to improve existing maritime
links or to establish new viable, regular and frequent mari-
time links for the transport of goods between Member
States so as to reduce road congestion and/or improve
access to peripheral and island regions and States. Motor-
ways of the sea should not exclude the combined transport
of persons and goods, when freight is predominant.

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The trans-European network of motorways of the sea
2.
shall consist of facilities and infrastructure concerning at
least two ports in two different Member States. These facil-
ities and infrastructure shall include elements, in at least
one Member State, such as the port facilities, electronic
logistics management systems, safety and security and
administrative and customs procedures, as well as infra-
structure for direct land and sea access, including ways of
ensuring year-round navigability,
in particular the avail-
ability of facilities for dredging and icebreakers for winter
access.

3. Waterways or canals, as identified in Annex I, which
link two European motorways of the sea, or two sections
thereof, and make a substantial contribution to shortening
sea routes, increasing efficiency ands saving shipping time
shall form part of the trans-European network of motor-
ways of the sea.

The projects of common interest of the trans-Euro-
4.
pean network of motorways of the sea shall be proposed
by at least two Member States and shall be geared to actual
needs. The projects proposed shall in general involve both
the public and private sectors in accordance with proce-
dures which, before aid granted from the national budgets
can be supplemented, if necessary, by aid from the Com-
munity, provide for a tendering process in one of the
following forms:

(cid:151) may also include activities which have wider benefits
and are not linked to specific ports, such as making
available facilities for ice-breaking and dredging opera-
tions, as well as information systems, including traffic
management and electronic reporting systems.

6.
The Commission shall, within three years, submit to
the Committee referred to in Article 18 an initial list of
specific projects of common interest, thereby putting the
concept of the motorways of the sea into concrete form.
This list shall also be communicated to the European
Parliament.

The projects of common interest of the trans-Euro-
7.
pean network of motorways of the sea shall be submitted
to the Commission for approval.(cid:146);

9. the following paragraph shall be added to Article 13:

(cid:145)3.
International and Community connecting points
shall be gradually linked to the high-speed lines of the rail
network, where appropriate. The network shall include the
infrastructures and the facilities which permit the integra-
tion of air and rail transport services, and, where appro-
priate, maritime transport services.(cid:146);

10. the following Section shall be inserted:

(a) a public call

for tenders organised jointly by the
intended to establish new
Member States concerned,
links
category A port, as defined in
Article 12(2), which they select in advance within each
sea area, as referred to in project No 21 in Annex III;

from the

(b) in so far as the location of the ports is comparable, a
public call for tenders organised jointly by the Member
States concerned and targeting consortia bringing
together at least shipping companies and ports located
in one of the sea areas, as referred to in project No 21
in Annex III.

The projects of common interest of the trans-Euro-

5.
pean network of motorways of the sea:

(cid:151) shall focus on the facilities and infrastructure which

make up the network of motorways of the sea,

(cid:151) may include, without prejudice to Articles 87 and 88
of the Treaty, start-up aid if, as a result of the tendering
process referred to in paragraph 4, public support is
the
deemed necessary for the financial viability of
project. Start-up aid shall be limited to two years and
shall be granted only in support of duly justified capital
costs. The aid may not exceed the minimum estimated
amount required to start up the links concerned. The
aid may not lead to distortions of competition in the
relevant markets contrary to the common interest,

(cid:145)SECTION 10a

COORDINATION BETWEEN MEMBER STATES

Article 17a

European Coordinator

1.
In order to facilitate the coordinated implementation
of certain projects, in particular cross-border projects or
sections of cross-border projects
included among the
projects declared to be of European interest referred to in
Article 19a, the Commission may designate, in agreement
with the Member States concerned, and after having
consulted the European Parliament, a person called the
(cid:145)European Coordinator(cid:146). The European Coordinator shall
act in the name of and on behalf of the Commission. The
remit of the European Coordinator shall normally relate to
a single project, especially in the case of a cross-border
project, but may, if necessary, be extended to cover the
whole of a major axis. The European Coordinator shall
draw up together with the Member States concerned a
work plan for his/her activities.

2.
The European Coordinator shall be chosen, in par-
ticular, on the basis of his/her experience of European
institutions and knowledge of issues relating to the finan-
cing and the socio-economic and environmental evaluation
of major projects.

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The Commission decision designating the European
3.
Coordinator shall specify how he/she is to perform the
tasks referred to in paragraph 5.

The Member States concerned shall cooperate with
4.
the European Coordinator and give him/her the informa-
tion required to perform the tasks referred to in paragraph
5.

5.

The European Coordinator shall:

(a) promote,

in cooperation with the Member States
concerned, joint methods for the evaluation of projects
and, where appropriate, advise project promoters on
the financial package for the projects;

(b) draw up a report every year for the European Parlia-
the Commission and the Member States
ment,
concerned on progress achieved in the implementation
of the project(s) for which he/she is responsible, new
regulatory or other developments which could affect
the characteristics of the projects and any difficulties
and obstacles which may result in a significant delay in
relation to the dates indicated in Annex III;

(c) consult, together with the Member States concerned,
transport
regional and local authorities,, operators,
users, and representatives of civil society with a view
to gaining fuller knowledge of the demand for trans-
port services, the possibilities of investment funding
and the type of services that must be provided in order
to facilitate access to such funding.

6. Without prejudice to the applicable procedures laid
down in Community and national
law, the Commission
may request
the European Coordinator
when examining applications for Community funding for
projects or groups of projects for which the European
Coordinator is responsible.(cid:146);

the opinion of

11. Article 18 shall be amended as follows:

(a) the title shall be replaced by the following:

(cid:145)Committee
exchange of information(cid:146);

for monitoring

guidelines

and

the

(b) paragraph 1 shall be replaced by the following:

(cid:145)1.
The Member States shall provide the Commis-
sion with abstracts of national plans and programmes
which they are drawing up with a view to develop-
ment of the trans-European transport network, in par-
ticular in relation to the projects declared to be of
European interest referred to in Article 19a. Once
adopted, the Member States shall send the national
plans and programmes to the Commission for infor-
mation.(cid:146);

Economic and Social Committee and the Committee of
the Regions on the implementation of the guidelines
described in this Decision. The Committee set up
under paragraph 2 shall assist the Commission with
drawing up the report. The report shall be accompa-
nied where necessary by legislative proposals to revise
the guidelines; these legislative proposals may, if neces-
sary, include amendments to, or the addition to, the
list of priority projects in Annex III of projects that are
in conformity with Article 19(1). The revision shall
have particular regard to projects that contribute to the
territorial cohesion of the European Union in accord-
ance with Article 19(1)(e).(cid:146);

12. Article 19 shall be replaced by the following:

(cid:145)Article 19

Priority projects

The priority projects shall be projects of common
referred to in Article 7 where examination

1.
interest
confirms that they:

(a) aim to eliminate a bottleneck or complete a missing
link on a major route of the trans-European network,
in particular projects which are cross-border projects,
cross natural barriers or have a cross-border section;

(b) are on such a scale that long-term planning at Euro-

pean level provides significant added value;

(c) present, overall, potential socio-economic net benefits

and other socio-economic advantages;

(d) significantly improve the mobility of goods and
persons between Member States and thus also contri-
bute to the interoperability of national networks;

(e) contribute to the territorial cohesion of the European
Union by integrating the networks of the new Member
States and improving connections with the peripheral
and island regions;

(f) contribute to the sustainable development of transport
by improving safety and reducing environmental
by
damage
promoting a modal shift towards railways, intermodal
transport, inland waterways and maritime transport;

in particular

transport,

caused

by

(g) demonstrate commitment on the part of the Member
States concerned to carrying out studies and evaluation
procedures in time to complete the work in accordance
with a date agreed in advance, based upon national
plans or any other equivalent document relating to the
project in question.

(c) paragraph 3 shall be replaced by the following:

The Commission shall report every two years to
(cid:145)3.
the European Parliament, the Council, the European

2.
The priority projects on which work is due to start
before 2010, the sections thereof and the dates agreed for
completing the work referred to in paragraph 1(g) are set
out in Annex III.

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By 2010 the Commission shall draft a progress
3.
report and, if necessary, propose amendments to the list of
priority projects identified in Annex III in line with para-
graph 1.(cid:146);

principle of proportionality, decide to adopt appropriate
measures. The Member States concerned shall be given the
opportunity to submit observations on such measures
before their adoption.

13. the following Articles shall be inserted:

(cid:145)Article 19a

Declaration of European interest

1.
The priority projects identified in Annex III are
declared to be of European interest. This declaration is
made solely in accordance with the procedure laid down
in the Treaty and in the legal acts based thereon.

2. Without prejudice to the legal basis of the Com-
munity financial instrument in question:

(a) when submitting their projects under the Cohesion
Fund, in accordance with Article 10 of Regulation (EC)
No 1164/94 (*), the Member States shall give appro-
priate priority to the projects declared to be of Euro-
pean interest;

(b) when submitting their projects under the budget for
the trans-European networks, in accordance with Arti-
cles 9 and 10 of Regulation (EC) No 2236/95 (**), the
Member States shall give appropriate priority to the
projects declared to be of European interest;

(c) the Commission shall encourage the Member States to
take into account the projects declared to be of Euro-
pean interest when planning the programming of the
Structural Funds, in particular in regions covered by
Objective 1, having regard to national transport plans
falling within the
existing Community
scope of
support frameworks;

(d) the Commission shall ensure that the countries quali-
fying for the Instrument for Structural Policies for Pre-
accession give appropriate priority, when submitting
their projects under that
in accordance
with Articles 2 and 7 of Regulation (EC) No 1267/
1999 (***), to the projects declared to be of European
interest.

instrument

3. When forecasting its financial needs, the Commission
shall give appropriate priority to the projects declared to
be of European interest.

4.
In the event of a significant delay in relation to the
deadline of 2010, in starting work on one of the projects
declared to be of European interest, the Commission shall
ask the Member States concerned to give the reasons for
the delay within three months. On the basis of the reply
given, the Commission shall consult all the Member States
concerned in order to solve the problem which has led to
the delay.

The Commission may, in consultation with the Committee
set up under Article 18(2), and in the framework of its
monitoring of the implementation of the project declared
to be of European interest and having due regard to the

The European Parliament shall be informed immediately of
any measure taken.

In adopting these measures, the Commission shall take due
account of the share of responsibility for the delay of each
Member States concerned and shall refrain from taking
measures that would affect the realisation of the project in
Member States not responsible for the delay.

5. When one of the projects declared to be of European
is not substantially completed in a reasonable
interest
period of time after the expected date of its completion
indicated in Annex III, and all Member States concerned
are responsible for the delay, the Commission shall review
the project, in accordance with the procedure referred to
in paragraph 4, with a view to withdrawing its classifica-
tion as a project declared to be of European interest
through the revision procedure referred to in Article 18(3).
The Commission shall, in any case, review the project at
the end of a period of fifteen years after the project has
been declared to be of European interest within the
meaning of this Decision.

Five years after completion of a project declared to
6.
be of European interest or of one of the sections thereof,
the Member States concerned shall carry out an assessment
of its socio-economic impact and its impact on the envir-
onment, including its impact on trade and the free move-
ment of persons and goods between Member States, on
territorial
cohesion and on sustainable development.
Member States shall inform the Commission of the results
of this assessment.

7.
If a project of European interest includes a cross-
border section which is technically and financially indivi-
sible, the Member States concerned shall coordinate their
procedures for assessing the socio-economic effects thereof
and use their best endeavours to conduct a transnational
enquiry prior to granting construction permission and
within the existing framework.

8.
Other sections of projects of European interest will
be coordinated bilaterally or multilaterally by the Member
States on a case by case basis.

9.
The coordinated actions or transnational enquiries
referred to in paragraph 7 shall apply without prejudice to
the obligations imposed by the Community legislation on
environmental protection, and particularly those relating
to environmental impact assessment. The Member States
concerned shall inform the Commission when such coordi-
nated actions or transnational enquiries are launched and
of the results. The Commission shall include that informa-
tion in the report referred to in Article 18(3).

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Article 19b

Cross-border sections

In the context of certain priority projects, cross-border
sections between two Member States, including motorways
of the sea, shall be identified by the Member States on the
basis of criteria defined by the Committee set up under
Article 18(2) and notified to the Commission. These will
be, notably, sections which are technically and financially
indivisible or to which the Member States concerned
commit themselves jointly and for which they put in place
a common structure.

(*) Council Regulation (EC) No 1164/94 of 16 May 1994
establishing a Cohesion Fund (OJ L 130, 25.5.1994, p.
1). Regulation as last amended by Regulation (EC) No
1265/1999 (OJ L 161, 26.6.1999, p. 62).

(**) Council

No

2236/95

Regulation

of
(EC)
18 September 1995 laying down general rules for the
granting of Community financial aid in the field of
trans-European networks (OJ L 228, 23.9.1995, p. 1).
Regulation as amended by Regulation (EC) No 1655/
1999 of the European Parliament and of the Council
(OJ L 197, 29.7.1999, p. 1).

(EC) No

Regulation

1267/1999

of
21 June 1999 establishing an Instrument for Struc-
tural Policies for Pre-accession (OJ L 161, 26.6.1999,
p. 73). Regulation as last amended by Council Regu-
lation (EC) No 2500/2001 (OJ L 342, 27.12.2001,
p. 1).(cid:146);

(***) Council

1. In Annex I, sections 2, 3, 4 and 6 and the attached
maps shall be replaced as indicated in Annex I to this
Decision.

2. In Annex III:

(a) the title shall be replaced by the following: (cid:145)Priority
projects on which work is due to start before
2010(cid:146);

(b) the content shall be replaced by the text set out in

Annex II to this Decision.

Article 2

This Decision shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

Article 3

This Decision is addressed to the Member States.

Done at ð,

14. Articles 20 and 21 shall be deleted.

15. The Annexes shall be amended as follows:

For the European Parliament

The President

For the Council

The President

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ANNEX I

Annex I to Decision No 1692/96/EC shall be amended as follows:

1. Sections 2, 3 and 4 shall be replaced by the following:

(cid:145)Section 2: Road network

2.0.

Europe

2.1. Belgium

2.2. Denmark

2.3. Germany

2.4. Greece

2.5.

2.6.

2.7.

Spain

France

Ireland

Section 3: Rail network

3.0.

Europe

3.1. Belgium

3.2. Denmark

3.3. Germany

3.4. Greece

3.5.

3.6.

3.7.

Spain

France

Ireland

2.8.

2.9.

Italy

Luxembourg

2.10. Netherlands

2.11. Austria

2.12. Portugal

2.13. Finland

2.14. Sweden

2.15. United Kingdom

3.8.

3.9.

Italy

Luxembourg

3.10. Netherlands

3.11. Austria

3.12. Portugal

3.13. Finland

3.14. Sweden

3.15. United Kingdom

Section 4: Inland waterways network and inland ports(cid:146)

2. Section 6 shall be replaced by the following:

(cid:145)Section 6: Airports network

6.0. Europe

6.1. Belgium/Denmark/Germany/ Luxembourg/Neth-

erlands/Austria

6.2. Greece

6.3 Spain/Portugal

6.4. France

6.5. Ireland/United Kingdom

6.6. Italy

6.7. Finland/Sweden(cid:146)

3. The following maps shall replace the corresponding maps in Decision No 1692/96/EC.

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Annex III of Decision No 1692/96/EC shall be replaced by the following:

ANNEX II

(cid:145)ANNEX III

PRIORITY PROJECTS ON WHICH WORK IS DUE TO START BEFORE 2010

1. Railway axis Berlin-Verona/Milano-Bologna-Napoli-Messina-Palermo

(cid:151) Halle/Leipzig-Nþrnberg (2015);

(cid:151) Nþrnberg-Mþnchen (2006);

(cid:151) Mþnchen-Kufstein (2015);

(cid:151) Kufstein-Innsbruck (2009);

(cid:151) Brenner tunnel (2015), cross-border section;

(cid:151) Verona-Napoli (2007);

(cid:151) Milano-Bologna (2006);

(cid:151) Rail/road bridge over the Strait of Messina-Palermo (2015).

2. High-speed railway axis Paris-Bruxelles/Brussel-Kçln-Amsterdam-London

(cid:151) Channel tunnel-London (2007);

(cid:151) Bruxelles/Brussel-LiŁge-Kçln (2007);

(cid:151) Bruxelles/Brussel-Rotterdam-Amsterdam (2007) (1).

3. High-speed railway axis of south-west Europe

(cid:151) Lisboa/Porto-Madrid (2011) (2);

(cid:151) Madrid-Barcelona (2005);

(cid:151) Barcelona-Figueras-Perpignan (2008);

(cid:151) Perpignan-Montpellier (2015);

(cid:151) Montpellier-N(cid:238)mes (2010);

(cid:151) Madrid-Vitoria-Irœn/Hendaye (2010);

(cid:151) Irœn/Hendaye-Dax, cross-border section (2010);

(cid:151) Dax-Bordeaux (2020);

(cid:151) Bordeaux-Tours (2015).

4. High-speed railway axis east

(cid:151) Paris-Baudrecourt (2007);

(cid:151) Metz-Luxembourg (2007);

(cid:151) Saarbrþcken-Mannheim (2007).

5. Betuwe line (2007).

6. Railway axis Lyon-Trieste- DivaŁa/Koper- DivaŁa -Ljubljana-Budapest-Ukrainian border (3)

(cid:151) Lyon-St Jean de Maurienne (2015);

(cid:151) Mont-Cenis tunnel (2015-2017), cross-border section;

(cid:151) Bussoleno-Torino (2011);

(cid:151) Torino-Venezia (2010);

(cid:151) Venezia-south Ronchi-Trieste DivaŁa (2015);

(cid:151) Koper- DivaŁa -Ljubljana (2015)

(cid:151) Ljubljana-Budapest (2015).

(1) Including the two high-speed train stations in Rotterdam and Amsterdam which were not included in the project endorsed by the

Essen European Council in 1994.

(2) Including links Lisboa-Porto (2013), Lisboa-Madrid (2010) and Aveiro-Salamanca (2015).
(3) Parts of this route correspond to pan-European corridor V.

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7. Motorway axis Igoumenitsa/Patra-Athina-Sofia-Budapest

(cid:151) Via Egnatia (2006);

(cid:151) Pathe (2008);

(cid:151) Sofia-Kulata-Greek/Bulgarian border motorway (2010), with Promahon-Kulata as cross-border section;

(cid:151) Nadlac-Sibiu motorway (branch towards Bucuresti and Constan(cid:254)a) (2007).

8. Multimodal axis Portugal/Spain-rest of Europe (1)

(cid:151) Railway La Coruæa-Lisboa-Sines (2010);

(cid:151) Railway Lisboa-Valladolid (2010);

(cid:151) Railway Lisboa-Faro (2004);

(cid:151) Lisboa-Valladolid motorway (2010);

(cid:151) La Coruæa-Lisboa motorway (2003);

(cid:151) Sevilla-Lisboa motorway (completed 2001);

(cid:151) New Lisboa airport (2015).

9. Railway axis Cork-Dublin-Belfast-Stranraer (2) (2001)

10. Malpensa (completed 2001) (3)

11. (cid:214)resund fixed link (completed 2000) (4)

12. Nordic triangle railway/road axis

(cid:151) Road and railway projects in Sweden (5) (2010);

(cid:151) Helsinki-Turku motorway (2010);

(cid:151) Railway Kerava-Lahti (2006);

(cid:151) Helsinki-Vaalimaa motorway (2015);

(cid:151) Railway Helsinki-Vainikkala (Russian border) (2014).

13. UK/Ireland/Benelux road axis (2010)

14. West coast main line (2007)

15. Galileo (2008)

16. Freight railway axis Sines-Madrid-Paris

(cid:151) New high-capacity rail axis across the Pyrenees;

(cid:151) Railway Sines-Badajoz (2010).

(cid:151) Railway line Algeciras-Bobadilla (2010)

17. Railway axis Paris-Strasbourg-Stuttgart-Wien-Bratislava

(cid:151) Baudrecourt-Strasbourg-Stuttgart (2015) with the Kehl bridge as cross-border section;

(cid:151) Stuttgart-Ulm (2012);

(cid:151) Mþnchen-Salzburg (2015), cross-border section;

(cid:151) Salzburg-Wien (2012);

(cid:151) Wien-Bratislava (2010), cross-border section.

18. Rhine/Meuse-Main-Danube inland waterway axis (6)

(cid:151) Rhine-Meuse (2019) with the lock of Lanaye as cross-border section;

(cid:151) Vilshofen-Straubing (2013);

(cid:151) Wien-Bratislava (2015) cross-border section;

(cid:151) Palkovicovo-MohÆcs (2014);

(cid:151) Bottlenecks in Romania and Bulgaria (2011).

(1) Including upgrade of ports and airports (2015) as in accordance with the contents endorsed by the Essen/Dublin European Council.
(2) A further increase in capacity on this line was decided in 2003 and added as a separate project.
(3) Project completed.
(4) Project completed.
(5) A few short sections of road and railway line will be completed between 2010 and 2015.
(6) Part of this route corresponds to the definition of pan-European corridor VII.

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19. High-speed rail interoperability on the Iberian peninsula

(cid:151) Madrid-Andaluc(cid:237)a (2010);

(cid:151) North-east (2010);

(cid:151) Madrid-Levante and Mediterranean (2010);

(cid:151) North/North-west corridor, including Vigo-Porto (2010);

(cid:151) Extremadura (2010).

20. Fehmarn Belt railway axis

(cid:151) Fehmarn Belt fixed rail/road link (2014);

(cid:151) Railway for access in Denmark from (cid:214)resund (2015);

(cid:151) Railway for access in Germany from Hamburg (2015);

(cid:151) Railway Hannover-Hamburg/Bremen (2015).

21. Motorways of the sea

Projects of common interest identified in accordance with Article 12a and concerning the following motorways of
the sea:

(cid:151) Motorway of the Baltic Sea (linking the Baltic Sea Member States with Member States in Central and Western

Europe, including the route through the North Sea/Baltic Sea Canal (Kiel Canal) (2010));

(cid:151) Motorway of the sea of western Europe (leading from Portugal and Spain via the Atlantic Arc to the North Sea

and the Irish Sea) (2010);

(cid:151) Motorway of the sea of south-east Europe (connecting the Adriatic Sea to the Ionian Sea and the Eastern Medi-

terranean to include Cyprus) (2010);

(cid:151) Motorway of

the sea of south-west Europe (western Mediterranean), connecting Spain, France,

Italy and

including Malta, and linking with the motorway of the sea of south-east Europe (1) (2010).

22. Railway axis Athina-Sofia-Budapest-Wien-Praha-Nþrnberg/Dresden (2)

(cid:151) Railway Greek/Bulgarian border-Kulata-Sofia-Vidin/Calafat (2015);

(cid:151) Railway Curtici-Brasov (towards Bucuresti and Constanta) (2010);

(cid:151) Railway Budapest-Wien (2010), cross-border section;

(cid:151) Railway Błeclav-Praha-Nþrnberg (2010), with Nþrnberg-Praha as cross-border section.

(cid:151) Railway axis Prague-Linz (2016).

23. Railway axis Gdansk-Warszawa-Brno/Bratislava-Wien (3)

(cid:151) Railway Gdansk-Warszawa-Katowice (2015);

(cid:151) Railway Katowice-Błeclav (2010);

(cid:151) Railway Katowice-Zilina-Nove Mesto n.V. (2010).

24. Railway axis Lyon/Genova-Basel-Duisburg-Rotterdam/Antwerpen

(cid:151) Lyon-Mulhouse-Mþlheim (4), with Mulhouse-Mþlheim as cross-border section (2018);

(cid:151) Genova-Milano/Novara-Swiss border (2013);

(cid:151) Basel-Karlsruhe (2015);

(cid:151) Frankfurt-Mannheim (2012);

(cid:151) Duisburg-Emmerich (2009) (5);

(cid:151) (cid:147)Iron Rhine(cid:148) Rheidt-Antwerpen, cross-border section (2010).

25. Motorway axis Gdansk-Brno/Bratislava-Wien (6)

(cid:151) Gdansk-Katowice motorway (2010);

(cid:151) Katowice-Brno/Zilina motorway (2010), cross-border section;

(cid:151) Brno-Wien motorway (2009), cross-border section.

(1) Including to the Black Sea.
(2) This major route largely corresponds to the definition of pan-European corridor IV.
(3) This major route largely corresponds to the definition of pan-European corridor VI.
(4) Including the TGV Rhin-Rhðne, minus the western branch.
(5) Project No 5 (Betuwe line) links Rotterdam and Emmerich.
(6) This major route largely corresponds to the definition of pan-European corridor VI.

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26. Railway/road axis Ireland/United Kingdom/continental Europe

(cid:151) Road/railway axis linking Dublin with the North (Belfast-Larne) and South (Cork) (2010) (1);

(cid:151) Road/railway axis Hull-Liverpool (2015);

(cid:151) Railway Felixstowe-Nuneaton (2011);

(cid:151) Railway Crewe-Holyhead (2008).

27. (cid:147)Rail Baltica(cid:148) axis Warsaw-Kaunas-Riga-Tallinn-Helsinki

(cid:151) Warsaw-Kaunas (2010);

(cid:151) Kaunas-Riga (2014);

(cid:151) Riga-Tallinn (2016).

28. (cid:147)Eurocaprail(cid:148) on the Brussels-Luxembourg-Strasbourg railway axis

(cid:151) Brussels-Luxembourg-Strasbourg (2012).

29. Railway axis of the Ionian/Adriatic intermodal corridor

(cid:151) Kozani-Kalambaka-Igoumenitsa (2012);

(cid:151) Ioannina-Antirrio-Rio-Kalamata (2014).

30. Inland waterway Seine-Scheldt.

(cid:151) Navigability improvements Deulemont-Gent (2012-2014-2016);

(cid:151) CompiŁgne-Cambrai (2012-2014-2016).

The date, agreed in advance, for completing the work is shown in brackets. The dates for completing the work for
projects 1 to 20 and 30 and the details of the sections are as indicated in the High-Level Group’s report where these
have actually been identified.(cid:146).

(1) Including Essen project No 13: road axis Ireland/United Kingdom/Benelux.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

In the framework of the codecision procedure (art. 251/TEC), the Council reached, on 5 December
2003, a political agreement on the draft Decision amending Decision No 1692/96/EC on Community
guidelines for the development of trans-European transport network. (1) Following legal/linguistic revi-
sion, the Council adopted its common position on 14 April 2004.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading on 30 May 2002 (2) and its renewed referral on 11 March 2004 (3), as well as of the opinions
of the Economic and Social Committee (4) and of the Committee of Regions (5).

The Decision aims at updating the Community guidelines on the TEN-T of 1996 with a view to taking
account of the increase of traffic forecasted by 2010 and resulting congestion problems as well as the
enlargement of the European Union. The Decision includes a list of priority projects to be realised with
the horizon of 2020, which incorporates and adds to the projects adopted by the Essen European
Council in 1994 and which has been established on the basis of the recommendations contained in the
report of the High-Level Group under the chairmanship of Karel Van Miert.

The new elements of the proposal include inter alia:

(cid:151) the focusing of Community priorities on intermodality and existing sustainable transport modes as

rail, short sea and inland waterway shipping;

(cid:151) the changes to the definition of the rail network with a view to emphasising the role of the rail in

freight transport;

(cid:151) the concept of the (cid:145)motorways of the sea(cid:146);

(cid:151) the introduction of the concept of (cid:145)projects of European interest(cid:146) which provides priority treatment

as far as financing and consultation procedures are concerned;

(cid:151) the creation of a new coordination mechanism at Community level intended to facilitate in particu-
lar operational and financial cooperation between Member States affected by the same cross-border
project;

(cid:151) the extension of the deadline for the conclusion of projects until 2020 and of the geographical

scope of the TEN-T to include the new Member States.

II. ANALYSIS OF THE COMMON POSITION

The Council subscribes to the necessity that the Community legal framework governing the develop-
ment of the trans-European transport network be adapted to the needs of an enlarged Europe so as to
achieve a coherent, efficient and sustainable transport system. The Council can therefore fully support
the overall objectives of the Commission proposal and indeed its content in broad lines. Where it
decided to modify the text on some specific aspects, this was done mainly in order to make it clearer,
simpler and easier to understand.

(1) The Commission presented its proposal on 9 October 2001 (OJ C 362 E, 18.12.2001, p. 205) and its supplementing

proposal on 17 October 2003 (not yet published in the Official Journal).

(2) OJ C 187 E, 7.8.2003, p. 130.
(3) doc. 7033/04 CODEC 319 TRANS 100 ECOFIN 76 (not yet published in the Official Journal).
(4) OJ C 125, 27.5.2002, p. 75.
(5) OJ C 278, 14.11.2002, p. 3.

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As regards the (cid:145)priorities(cid:146) for the trans-European transport network (Article 5), the Council highlights
the importance of promoting the interconnection of national networks, whilst also taking into consid-
eration the high transport costs of islands and peripheral areas. The common position refers generally
to the gradual achievement of an interoperable rail network including routes adapted for freight trans-
port. The Council also subscribes to the promotion of long-distance and short sea shipping as well as
to the development of sustainable mobility of persons and goods.

The Council attaches great importance to the environmental protection in the framework of transport
projects (Article 8). It therefore clearly states that Member States shall take account of the results of
environmental assessments in the preparation of plans and programmes. The Commission shall
consider these results in its report on the guidelines and in possible legislative proposals for their
review.

The Council welcomes the introduction of the new concept of the (cid:145)motorways of the sea(cid:146) (Article 12a)
promoting the transfer of freight from roads to short sea shipping. The specific projects (cid:151) which give
concrete expression to the concept of (cid:145)motorways of the sea(cid:146) (cid:151) shall be defined by the Commission
within three years. The Council is of the opinion that this new framework should also allow for
existing links to be improved; in that regard, it should be possible to promote transport of persons and
goods, when freight is dominant. The common position states unequivocally that public funding (start-
up aid) in the framework of (cid:145)motorways of the sea(cid:146) may not lead to distortions of competition. This aid
should be granted on the basis of the same criteria as those applicable under the Marco Polo
programme, whilst the granting of Community financial assistance under the two instruments should
not be cumulative.

The Council endorses the possibility, as this is foreseen by Article 17a, to designate an European Coor-
dinator in order to coordinate the implementation of projects. The Council emphasises in its common
position the particular competence of the Coordinator for cross-border projects and the importance of
the cooperation with Member States in fulfilling the tasks assigned to the Coordinator.

With respect to the projects of common interest, which are considered priority projects, the Council’s
common position.

Pursuant to the general objective to speed up the implementation of the TEN-T projects, the Council
welcomes the provisions on the declaration of European interest for Trans-national projects (Article
19a), which will allow a priority treatment of these projects in the framework of the Community
funding. The Council states that this declaration is made in accordance with the Treaty. Given that
cooperation between all Member States is a main element for the realisation of the projects, the
Council deems it appropriate that the Commission consults all Member States concerned in case of a
significant delay. Considering the financial and technical importance of the projects, the situation shall
be examined by the Commission in an active follow-up, possibly resulting in the adoption of appro-
priate measures, while Member States have the opportunity to submit observations. The Commission
should refrain from any measure that would penalise a Member State not responsible for the delay.

As regards coordinated actions and trans-national enquiries concerning technically and financially indi-
visible cross-border sections, the Council is of the view that the Member States concerned shall deploy
their best efforts within the existing framework.

Finally, the Council could agree to the list of priority projects as proposed by the Commission (cid:151)
which was established on the basis of the work of the Van Miert High Level Group (cid:151), on which work
should start before 2010; for technical reasons, one project was added to the list.

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III. AMENDMENTS

The Council’s common position incorporates the main features of the amendments as adopted by the
European Parliament in its first reading of the proposal of 30 May 2002 and its renewed referral of 11
March 2004 respectively. However, and as a matter of principle, in the common position, no reference
is made to specific projects in the text of the recitals or in that of the enacting terms; such references
can only be found in Annex III, where the projects are clearly identified.

(cid:151) The Council shares Parliament’s view that, in accordance with the provisions of the Treaty, any
decision on Community guidelines for the development of trans-European transport network,
including on specific projects following these guidelines, has to be taken via the co-decision proce-
dure. The corresponding modifications of the text have been introduced in the common position
(Recital 25, Articles 18.3 and 19a). In this regard, the provisions regarding the review of projects
(cid:151) including their possible withdrawal of their classification as a project of European interest (cid:151)
can be mentioned.

As to the Parliament’s amendment that it be consulted on the measures which the Commission
may take in the framework of an active follow-up of the different projects declared to be of Euro-
pean interest (Article 19a), the Council takes the view that satisfactory mechanisms are already in
place in as much as the Council’s common position provides for the co-decision procedure for any
change to or addition of a project and for the usual budgetary procedure when it comes to that
actual financing of the project. Finally, Parliament’s amendment aiming at its consultation on the
drawing up by the Commission of the initial
list of specific projects in the framework of the
(cid:145)motorways of the sea(cid:146) (Article 12a) could not be accepted for institutional reasons.

(cid:151) The Council shares Parliament’s concerns in relation to the protection of the environment in the
framework of the preparation and realisation of transport projects. The provisions on the strategic
environmental assessment have been adapted accordingly (Recital 12 and Article 8).

(cid:151) Fully in keeping with Parliament’s opinion, the Council has introduced some modifications of the
text in order to underline the necessity of territorial cohesion by linking islands, peripheral regions
and regional airports to the network (Recital 3, Article 5, Article 10.4, Article 12a.1 and Article
the common position reflects the Council’s agreement with Parliament
19.1.e). Furthermore,
concerning the importance of inland waterways (Recital 3, Article 11 and Article 12a.3).

(cid:151) Like Parliament, the Council is of the opinion that public support in the form of start-up aid for
(cid:145)motorways of the sea(cid:146) projects should not lead to distortion of competition. This principle has
been expressly stated in the common position (Recital 16, Article 12a.4 and 12a.5). The Council
also endorses that waterways or canals linking two motorways of the sea or sections thereof shall
be part of the TEN-T (Article 12a.3) and that activities ensuring year-round navigability may form a
project in the meaning of this Article (Article 12a.2 and 5).

(cid:151) As regards the European Coordinator (Article 17a), the Council adheres to Parliament’s view that
the Parliament has a role to play in the designation of Coordinator and should be informed about
his work. The common position reflects furthermore the importance of the consultation of regional
and local authorities.

(cid:151) Finally, Annex III containing the list of priority projects has been modified to take account of some
technical specifications in line with Parliament’s amendments (projects no. 6, 16, 21, 22 and 30).
Amendments aiming at either adding projects or introducing substantive modifications to projects
could not be contemplated; in this regard, it should be recalled that the Van Miert High Level
Group made an extensive and technically detailed analysis of the relevance of each project, whilst
fully taking account of the views of Member States concerned.

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In conclusion, the Council considers its common position an appropriate and balanced text. With
respect to the amendments proposed by the European Parliament in first reading, the Council observes
that a large part of the amendments have been integrated (cid:151) to the letter or in spirit, partially or in full
(cid:151) in the common position. The Council holds therefore that the text of its common position ensures
that the aim sought by the amendments of Parliament is achieved.