Regulation (EC) No 807/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks
Date: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, aid system, energy transport, financial aid, project of common interest, telecommunications, trans-European network

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Official Journal of the European Union

30.4.2004

REGULATION (EC) No 807/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of
Community financial aid in the field of trans-European networks

EUROPEAN

THE
COUNCIL OF THE EUROPEAN UNION,

PARLIAMENT AND THE

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

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

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

The High-Level Group on the trans-European transport
network chaired by Mr Karel Van Miert expressed
concern that the delays in the cross-border sections of
the priority projects on the trans-European transport
network (TEN) were having an adverse effect on the
profitability of the investments made by the Member
States in the sections in their own country, denying
and
benefit
them the
recommended that
the rate of Community financing
should be differentiated, according to the benefits to
other
neighbouring
countries, stressing that such modulation should in the
first instance benefit the cross-border projects used by
long-distance
the
Community financing rate
should be differentiated
according to the extent to which the project's economic
benefits exceed its financial profitability.

services. Moreover,

economies

countries,

particular

transport

scale,

the

of

of

in

(2)

To this end the High-Level Group recommended a
higher rate of Community aid to promote completion
of the cross-border connections for the priority projects
and added that the budgetary impact of such a change
would be limited. This should be implemented bearing

(1) OJ C 75 E, 26.3.2002, p. 316 and OJ C 151 E, 25.6.2002, p. 291.
(2) OJ C 125, 27.5.2002, p. 13.
(3) Opinion of the European Parliament of 2 July 2002 (OJ C 271 E,
12.11.2003, p. 163), Council Common Position of 24 February
2004 (not yet published in the Official Journal) and Position of the
European Parliament of 30 March 2004 (not yet published in the
Official Journal).

in mind the need to focus TENs resources on key
projects, while recognising the need for continued
financial support for non-priority projects.

The possibility should be given to meet the budgetary
instalments, while
commitments by means of annual
basing them on a global
legal
commitment.

and multiannual

A temporary increase in the rate of Community aid may
provide an incentive for actors to speed up and to
render effective the implementation of priority projects
covered by this Regulation.

investors which

The establishment of public-private partnerships (or of
other forms of cooperation between the public and
private sectors) demands a firm financial commitment
from institutional
sufficiently
attractive to raise private capital. Granting Community
financial aid on a multiannual basis would remove the
uncertainties which
project
development. Measures should therefore be taken to
grant financial support to the projects selected on the
basis of a multiannual legal commitment.

slowing

down

are

is

Cross-border connections between energy networks are
important for ensuring smooth operation of the internal
market, security of supply and optimum use of energy
infrastructure. Priority projects on the energy networks,
which are necessary in the interests of the European
economy but unprofitable in business terms and which
do not distort competition between enterprises, should
therefore also qualify for higher financial aid. This aid is
in respect of priority projects on the energy networks.

to

take

Council Regulation (EC) No 2236/95 (4)
should be
adapted
of Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of
implementing powers
conferred on the Commission (5).

account

(3)

(4)

(5)

(6)

(7)

(4) 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).
(5) OJ L 184, 17.7.1999, p. 23.

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(8)

Regulation (EC) No 2236/95 should therefore be
amended accordingly,

b)

the following paragraph shall be added:

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2236/95 is hereby amended as follows:

the projects

In the case of

‘5.
referred to in
paragraph 3, within the limits of this Regulation, the
and the
legal
commitment
in annual
budgetary commitments
instalments.';

shall be multiannual

shall be met

2.

in Article 13, the following paragraph shall be added:

If, 10 years after the financial aid was awarded, the
‘4.
operation in question has not been completed,
the
Commission may demand reimbursement of the aid paid,
with due regard to the principle of proportionality, taking
into account all relevant factors.';

3. Article 17 shall be replaced by the following:

1. Article 5 shall be amended as follows:

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

‘Article 17

Committee procedure

Regardless of the form of intervention chosen,
‘3.
this
total amount of Community aid under
the
total
the
Regulation shall not
investment
amount of
Community aid may exceptionally reach 20 % of the
total investment cost in the following cases:

exceed 10 % of

cost. However,

total

the

1.
The Commission shall be
implementation of this Regulation.

responsible

for

the

The Commission shall be assisted by a committee.
a
European

2.
The
representative to the Committee who shall not vote.

Investment

appoint

Bank

shall

(a) projects

satellite

concerning

positioning

and
navigation systems, as provided for in Article 17 of
European
1692/96/EC of
Decision No
Parliament and of the Council of 23 July 1996 on
Community guidelines for the development of the
trans-European transport network (*);

the

3. Where reference is made to this Article, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
of
laying
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

(b) priority projects on the energy networks;

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

(c) sections of

the projects of European interest,
provided that the projects are started before 2010,
identified in Annex III to Decision No 1692/96/EC
with the aim of eliminating bottlenecks and/or
filling in missing sections, if such sections are cross
border or cross natural barrier, and contribute to
the integration of
in an
enlarged Community, promote safety, ensure the
interoperability of
the national networks and/or
strongly contribute to the reduction of imbalances
between modes of transport, in favour of the most
environment-friendly modes. This
rate shall be
differentiated according to the benefits to other
countries,
in particular neighbouring Member
States.

the internal market

4.

The Committee shall adopt its Rules of Procedure.

(*) OJ L 184, 17.7.1999, p. 23.'

4.

in Article 18, the following paragraph shall be added:

‘The allocation of funds shall be linked to the qualitative
and quantitative level of implementation.'

Article 2

(*) OJ L 228, 9.9.1996, p. 1. Decision as amended
by Decision No 1346/2001/EC (OJ L 185,
6.7.2001, p. 1).'

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

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

Done at Strasbourg, 21 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE