Regulation (EC) No 1159/2005 of the European Parliament and of the Council of 6 July 2005 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: 2005-07-06
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, aid system, financial aid, telecommunications, trans-European network, transmission network

L 191/16

EN

Official Journal of the European Union

22.7.2005

REGULATION (EC) No 1159/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

of 6 July 2005

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

and in particular

the

(2) Decision No 1336/97/EC of the European Parliament and
of the Council of 17 June 1997 on a series of guidelines
trans-European telecommunications networks (4)
for
identifies projects of common interest. Experience in
implementing that Decision has shown that less than one
project in twenty involves the deployment of a service,
the remainder being deployment-related studies. As a
result, the direct impact of aid granted for trans-European
telecommunications networks is limited.

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

(3) The cost of deploying a trans-European service based on
electronic data communications networks is significantly
greater than the cost of a comparable service in a single
Member State because of barriers of language, culture,
legislation and administration.

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(4) The cost of a preparatory study for a service in the
telecommunications sector has been found to be a high
proportion of the total investment required to deploy the
service, and as a result
the maximum contribution
allowable under Regulation (EC) No 2236/95 is applied
to such studies, precluding the grant of aid to the
deployment of services. Consequently, grant of aid under
that Regulation has had little direct effect in stimulating
the deployment of services.

(1) Regulation (EC) No 2236/95 (3) provides, inter alia, for
the co-financing of studies related to projects of common
interest for an amount which may normally not exceed
50 % of the total cost, while the maximum contribution
to projects in the area of telecommunications may not
exceed 10 % of the total investment cost.

(1) OJ C 234, 30.9.2003, p. 23.
(2) Opinion of the European Parliament of 18 November 2003 (OJ

C 87 E, 7.4.2004, p. 22), Council Decision of 6 June 2005.

(3) OJ L 228, 23.9.1995, p. 1. Regulation as last amended by
Regulation (EC) No 807/2004 of the European Parliament and
of the Council (OJ L 143, 30.4.2004, p. 46).

(5) Community aid should be granted in preference to
projects which aim to stimulate the deployment of
services and thus make the greatest contribution to the
development of the information society. It is necessary
therefore to increase the maximum contribution in
proportion to the actual costs arising from the trans-
European nature of a service. An increase in the
Community contribution should, however, be applied
only to services of public interest which must overcome
the barriers of language, culture, legislation and admin-
istration,

(4) OJ L 183, 11.7.1997, p. 12. Decision as amended by Decision

No 1376/2002/EC (OJ L 200, 30.7.2002, p. 1).

22.7.2005

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Official Journal of the European Union

L 191/17

HAVE ADOPTED THIS REGULATION:

Article 1

The following subparagraph shall be added to Article 5(3) of
Regulation (EC) No 2236/95:
‘In the case of projects of common interest identified in
Annex I
the European
Parliament and of the Council of 17 June 1997 on a series

to Decision No 1336/97/EC of

of guidelines for trans-European telecommunications net-
works (*), the total amount of Community aid granted under
this Regulation may reach 30 % of the total investment cost.

(*) OJ L 183, 11.7.1997, p. 12. Decision as amended by
Decision No 1376/2002/EC (OJ L 200, 30.7.2002, p. 1).’

Article 2

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

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

Done at Strasbourg, 6 July 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
J. STRAW