Amended Proposal for a Council Regulation establishing a Cohesion Fund (Codified version) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2006-01-16
Institutions: European Commission
Subjects: Cohesion Fund, codification of EU law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.1.2006 
COM(2006) 5 final 

2003/0129 (AVC) 

Amended Proposal for a 

COUNCIL REGULATION 

establishing a Cohesion Fund 

(Codified version) 

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

1. 

2. 

3. 

On  16  June  2003,  the  Commission  presented  a  proposal  for  a  Council  Regulation 
codifying  Council  Regulation  (EC)  No 1164/94  of  16  May  1994  establishing  the 
Cohesion Fund1. 

In  its  opinion  of  29  September  2003  the  Consultative  Working  Party  of  the  Legal 
Services  set  up  under  the  Interinstitutional  Agreement  of  20  December  1994  on  an 
accelerated  working  method  for  official  codification  of  legislative  texts2  has  stated 
that  the  above  proposal  does  indeed  confine  itself  to  straightforward  codification, 
without any substantive changes to the acts covered by it. 

In view of the new amendments3 on the initial proposal referred to in point 1 and of 
the work already carried out in the Council, the Commission has decided to present – 
in  accordance  with  Article  250(2)  of  the  EC  Treaty  –  an  amended  proposal  for 
codification of Regulation (EC) No 1164/94. 

This amended proposal also takes account of the purely formal or editorial changes 
proposed by the Consultative Working Party of the Legal Services, where these are 
considered 
to 
Regulation (EC) No 1264/19995. 

justified4.  This  amended  proposal  also 

includes  Corrigenda 

4. 

The  changes  made  in  this  amended  proposal,  compared  with  the  initial  proposal 
referred to in point 1, are the following: 

(1)  The following paragraphs are added to Article 2: 

“5.  From the date of accession until 31 December 2006 the Czech Republic, 
Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia 
and Slovakia shall also be eligible for assistance from the Fund. 

6. 

For  the  purposes  of  applying  this  Regulation,  GNP  shall  mean  GNI  for 
the year at market prices as provided by the Commission in application 
of the ESA 95 in accordance with Regulation (EC) No 2223/96.” 

(2) 

In Article 4, the third subparagraph is replaced by the following: 

“From 1 January 2000, total resources available for commitments for Greece, 
Spain,  Portugal  and  Ireland  in  the  period  2000  to  2006  should  be 
EUR 18 billion at 1999 prices.” 

(3) 

In Article 4, the following paragraphs are inserted after the fifth paragraph: 

“Total  resources  available  for  commitments  for  the  Czech  Republic,  Estonia, 
Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  in 

1 
2 
3 
4 
5 

COM(2003) 352 final of 16.6.2003. 
OJ C 102, 4.4.1996, p. 2. 
2003 Act of Accession. 
Cfr. the opinion of the Consultative Working Party of 29 September 2003 
(The Corrigenda only apply to the Danish, Finnish, Dutch, Portuguese and Swedish versions). 

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the period from the date of accession to 2006 should be EUR 7.5905 billion at 
1999 prices. 

Commitment appropriations for each year of that period should be: 

– 

– 

– 

2004: EUR 2.6168 billion; 

2005: EUR 2.1517 billion; 

2006: EUR 2.8220 billion;”. 

(4)  Article  5(3):  the  Corrigenda  only  apply  to  the  Danish,  Finnish,  Dutch, 

Portuguese and Swedish versions. 

(5)  The following subparagraph is added to Article 11(3): 

“For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, 
Poland, Slovenia and Slovakia, expenditure within the meaning of Article 7(1) 
shall be  deemed  eligible from  the Fund only  if incurred after  1 January 2004 
provided that all requirements of this Regulation have been fulfilled.” 

(6)  The following Article is added after Article 16: 

“Article 16a 

Specific  provisions  following  the  accession  to  the  European  Union  of  a  new 
Member State which has benefited from pre-accession aid under the Instrument 
for Structural Policies for Pre-Accession (ISPA) 

1.  Measures which, on the date of accession of the Czech Republic, Estonia, 
Latvia,  Lithuania,  Hungary,  Poland,  Slovenia  and  Slovakia,  have  been 
the subject of Commission decisions on assistance under Regulation (EC) 
No 1267/1999 establishing an instrument for Structural Policies for Pre-
Accession(*) and the implementation of which has not been approved by 
the  Commission  Regulation.  Unless  stated  otherwise  in  paragraphs  2  to 
5,  the  provisions  governing  the  implementation  of  measures  approved 
pursuant to this Regulation shall apply to these measures. 

________________ 
(*) 

OJ L 161, 26.6.1999, p. 73. 

2.  Any procurement procedure relating to a measure referred to paragraph 1 
which,  on  the  date  of  accession,  has  already  been  the  subject  of  an 
invitation  to  tender  published  in  the  Official  Journal  of  the  European 
Union  shall  be  implemented  in  accordance  with  the  rules  laid  down  in 
that  invitation  to  tender.  The  provisions  contained  in  Article  165  of 
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the 
Financial  Regulation  applicable  to  the  general  budget  of  the  European 
Communities(**) shall not apply. 

_______________ 
(**) 

OJ L 248, 16.9.2002, p. 1. 

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Any  procurement  procedure  relating  to  a  measure  referred  to  in 
paragraph 1 which has not yet been the subject of an invitation to tender 
published in the Official Journal of the European Union shall follow the 
rules and provisions referred to in Article 8. 

The Commission may decide, in duly justified cases, on request from the 
Member  State  concerned  and  only  in  respect  of  the  annual  instalments 
still to be committed under the general budget, to modify the Community 
assistance  to  be  granted,  taking  account  of  the  criteria  laid  down  in 
Article 7. The modification of the Community assistance shall not affect 
the  part  of  the  measure  already  covered  by  a  loan  signed  with  the  EIB, 
the  European  Bank  for  Reconstruction  and  Development  or  another 
financial institution. 

Payments  made  by  the  Commission  under  a  measure  referred  to  in 
paragraph 1 shall be posted to the earliest open commitment made in first 
instance pursuant to Regulation (EC) No 1267/1999, and then pursuant to 
this Regulation. 

For  the  measures  referred  to  in  paragraph  1,  the  rules  governing  the 
eligibility  of  expenditure  pursuant  to  Regulation  (EC)  No  1267/1999 
shall remain applicable, except in duly justified cases to be decided on by 
the Commission at the request of the Member State concerned. 

The Commission may decide, in exceptional and duly justified cases, to 
authorise  specific  exemptions  from  the  rules  applicable  pursuant  to  this 
Regulation for the measures referred to in paragraph 1.” 

3. 

4. 

5. 

(7)  Article 16a becomes Article 17. 

(8)  Former Articles 17 and 18 become Articles 18 and 19. 

(9)  Annex I is replaced by the following: 

“ANNEX I 

Indicative  allocation  among  the  beneficiary  Member  States  of  the  total 
resources  of  the  Cohesion  Fund,  as  referred  to  in  the  third  paragraph  of 
Article 4: 

– 

– 

– 

– 

Greece: 16% to 18% of the total 

Spain: 61% to 63.5% of the total 

Ireland: 2% to 6% of the total 

Portugal: 16% to 18% of the total. 

Indicative  allocation  among  the  beneficiary  Member  States  of  the  total 
resources  of  the  Cohesion  Fund,  as  referred  to  in  the  fifth  paragraph  of 
Article 4: 

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– 

– 

– 

– 

– 

– 

Czech Republic: 9.76% to 12.28% of the total 

Estonia: 2.88% to 4.39% of the total 

Cyprus: 0.43% to 0.84% of the total 

Latvia: 5.07% to 7.08% of the total 

Lithuania: 6.15% to 8.17% of the total 

Hungary: 11.58% to 14.61% of the total 

–  Malta: 0.16% to 0.36% of the total 

– 

– 

– 

Poland: 45.65% to 52.72% of the total 

Slovenia: 1.72% to 2.73% of the total 

Slovakia: 5.71% to 7.72% of the total.” 

5. 

6. 

The  correlation  table  in  Annex  IV  has  been  adapted  according  to  the  changes 
mentioned in point 4. 

To  facilitate  reading  and  examination,  the  full  text  of  the  amended  proposal  for 
codification is also attached. 

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(cid:208) 1164/94 (adapted) 

2003/0129 (AVC) 

Amended Proposal for a 

COUNCIL REGULATION 

establishing a Cohesion Fund 

(Codified version) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 161 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Whereas: 

(1) 

Council  Regulation  (EC)  No  1164/94  of  16  May  establishing  a  Cohesion  Fund4  has 
been substantially amended several times5. In the interests of clarity and rationality the 
said Regulation should be codified. 

(cid:208)  

(2) 

Article 2 of the Treaty includes the task of promoting economic and social cohesion 
and  solidarity  among  Member  States  as  objectives  essential  to  the  Community's 
development  and  success.  The  strengthening  of  such  cohesion  is  ⌦ cited ⌫  in 

(cid:208) 1164/94 Recital (1) (adapted) 

1 
2 
3 
4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 130, 25.5.1994, p. 1. Regulation as last amended by Regulation (EC) No 1265/1999. 
See Annex III. 

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point ⌦ (k) ⌫ of Article 3 of the Treaty as one of the activities of the Community 
for the purposes set out in Article 2 of the Treaty. 

(cid:208) 1164/94 Recital (2) (adapted) 

(3) 

Article ⌦ 158 ⌫ of the Treaty provides for the Community to develop and pursue its 
actions leading to the strengthening of its economic and social cohesion, and provides 
in particular that it shall aim at reducing disparities between the levels of development 
of the various regions and the backwardness of the least-favoured regions. Community 
action through the Cohesion Fund, ⌦ hereinafter referred to as “the Fund”, ⌫ should 
support the achievement of the objectives set out in Article ⌦ 158 ⌫. 

(4) 

The conclusions of the European Councils held in Lisbon on 26 and 27 June 1992 and 
in Edinburgh on 11 and 12 December 1992 concerning the establishment of the Fund 
set out the principles governing it. 

(cid:208) 1164/94 Recital (3) (adapted) 

(5) 

The  promotion  of  economic  and  social  cohesion  requires  action  by  the  Fund  in 
addition  to  that  taken  through  the  Structural  Funds,  the  European  Investment  Bank 
⌦ (EIB) ⌫ and the other financial instruments in the fields of the environment and 
transport infrastructure of common interest. 

(cid:208) 1164/94 Recital (4) (adapted) 

(cid:208) 1164/94 Recital (5) (adapted) 

(6) 

The  Protocol  on  economic  and  social  cohesion  annexed  to  the  Treaty  reaffirms  the 
Community's task of promoting economic and social cohesion and solidarity between 
Member  States  and  specifies  that  a  Cohesion  Fund  will  provide  a  financial 
contribution to projects in the fields of the environment and trans-European networks 
in the Member States subject to two conditions: firstly that they have a per capita gross 
national product (GNP) of less than 90% of the Community average and secondly that 
they  have  a  programme  leading  to  the  fulfilment  of  the  conditions  of  economic 
convergence as set out in Article ⌦ 104 ⌫ of the Treaty. The relative prosperity of 
Member  States  is  best  assessed  on  the  basis  of  per  capita  GNP,  measured  in 
purchasing power parities. 

(7)  Meeting the convergence criteria calls for a ⌦ continuous and ⌫ determined effort 
from  the  Member  States  concerned.  In  this  context,  all  of  the  beneficiary  Member 
States  are  to  submit  to  the  Council  a  convergence  programme  ⌦ or  stability 
programme ⌫ designed for that purpose and to avoid excessive government deficits. 

(cid:208) 1164/94 Recital (6) (adapted) 

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(cid:208) 1264/1999 Art. 1 point 1(a) 

(8)  With  regard  to  the  economic  convergence  criterion,  the  current  macroeconomic 
conditionality provisions will continue to apply. Accordingly, no new projects or new 
project  stages  shall  be  financed  by  the  Fund  in  a  Member  State  in  the  event  of  the 
Council,  acting  by  qualified  majority  on  a  recommendation  from  the  Commission, 
finding that the Member State has not respected the Stability Growth Pact. 

(9) 

The  provisions  to  speed  up  and  clarify  the  excessive  deficit  procedure,  having  as  its 
objective to deter excessive general government deficits and, if they occur, to further 
their prompt correction were set out in Council Regulation (EC) No 1467/976. 

(cid:208) 1264/1999 Art. 1 point 1(b) 

(cid:208) 1264/1999 Art. 1 point 1(d) 

(10)  Provision  should  be  made,  in  conjunction  with  the  fulfilment  of  the  conditions  of 
economic  convergence  as  set  out  in  Article  104  of  the  Treaty  and  with  the  need  for 
sound  management  of  the  government  deficit,  for  a  form  of  conditionality  in  the 
granting  of  financial  assistance.  In  that  context,  compliance  with  the  obligations 
arising  from  the  Treaty  must  also  be  assessed  having  due  regard  to  the  guidelines 
adopted  in  the  Resolution  of  the  European  Council  of  17  June  1997  on  the  Stability 
and Growth Pact7 and the concept of excessive deficit is to be interpreted in the light 
that  Resolution.  For  each  participating  Member  State,  macroeconomic 
of 
conditionality should be assessed taking account of the responsibilities of that Member 
State in respect of the stability of the euro. 

(11)  ⌦ In accordance with ⌫ the second paragraph of Article ⌦ 161 ⌫ of the Treaty, a 
Cohesion  Fund,  ⌦ set  up  by  the  Council, ⌫  is  designed  to  provide  a  financial 
contribution  to  projects  in  the  fields  of  environment  and  trans-European  networks  in 
the area of transport infrastructure. 

(cid:208) 1164/94 Recital (7) (adapted) 

(cid:208) 1164/94 Recital (8) (adapted) 

(12)  Article  ⌦ 155 ⌫  (1)  of  the  Treaty  provides  that  the  Community  may  contribute 
through the Cohesion Fund to the financing of specific projects in the Member States 
in  the  area  of  transport  infrastructure,  whilst  taking  into  account  the  potential 
economic viability of the projects. Projects financed by the Fund should form part of 
trans-European network guidelines which have been adopted by the Council including 

6 

7 

OJ  L  209,  2.8.1997,  p.  6.  Regulation  as  amended  by  Regulation  (EC)  No  1056/2005  (OJ  L  174, 
7.7.2005, p. 5). 
OJ C 236, 2.8.1997, p. 1. 

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those  covered  by  the  plans  for  trans-European  networks  approved  by  the  Council  or 
proposed  by  the  Commission  before  the  entry  into  force  of  the  Treaty  on  European 
Union. However, other transport infrastructure projects contributing to the attainment 
of the objectives of Article ⌦ 154 ⌫ of the Treaty may be financed until the Council 
has adopted the appropriate guidelines. 

(cid:208) 1164/94 Recital (9) (adapted) 

(13)  Article  ⌦ 174 ⌫  of  the  Treaty  defines  the  objectives  and  principles  of  the 
Community in the field of the environment. The Community may contribute, through 
the  Fund,  to  actions  designed  to  achieve  those  objectives.  In  accordance  with 
Article ⌦ 175 ⌫  (5)  of  the  Treaty  and  without  prejudice  to  the  principle  that  the 
polluter  should  pay,  the  Council  may  decide  on  financial  assistance  from  the  Fund 
where  a  measure  based  on  paragraph  1  of  that  Article  involves  costs  deemed 
disproportionate for the public authorities of a Member State. 

(14)  The  principles  and  objectives  of  sustainable  development  are  established  in  the 
Community's  programme  of  policy  and  action  in  relation  to  the  environment  and 
sustainable development as set out in the Council Resolution of 1 February 19938. 

(cid:208) 1164/94 Recital (10) 

(15)  A  suitable  balance  must  be  struck  between  financing  for  transport  infrastructure 

projects and financing for environmental projects. 

(cid:208) 1164/94 Recital (11) 

(16)  The  Commission's  Green  Paper  on  the  Impact  of  Transport  on  the  Environment9 
reiterates  the  need  to  develop  a  more  environment-friendly  transport  system  which 
takes into account the sustainable development needs of the Member States. 

(cid:208) 1164/94 Recital (12) 

(17)  Any  calculation  of  the  cost  of  transport  infrastructure  projects  must  encompass 

environmental costs. 

(cid:208) 1164/94 Recital (13) 

8 
9 

OJ C 138, 17.5.1993, p. 1. 
COM(92) 46 final. 

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(cid:208) 1164/94 Recital (14) (adapted) 

(18) 

In the light of the undertaking by the Member States concerned not to decrease their 
investment  efforts 
transport 
infrastructure,  the  principle  of  additionality  within  the  meaning  of  Article  ⌦ 11  of 
Council  Regulation  (EC)  No  1260/1999  of  21  June  1999  laying  down  general 
provisions on the Structural Funds10 ⌫ will not apply to the Fund. 

the  fields  of  environmental  protection  and 

in 

(19) 

In  accordance  with  Article  ⌦ 267 ⌫  of  the  Treaty,  the  EIB  is  to  facilitate  the 
financing  of  investments  in  conjunction  with  assistance  from  the  other  Community 
financial instruments. 

(cid:208) 1164/94 Recital (15) (adapted) 

(20) 

It is necessary to co-ordinate action taken in the fields of the environment and of trans-
European transport infrastructure networks through the Fund, the Structural Funds, the 
EIB  and  the  other  financial  instruments  in  order  to  enhance  the  effectiveness  of 
Community assistance. 

(cid:208) 1164/94 Recital (16) (adapted) 

(cid:208) 1164/94 Recital (17) (adapted) 

(21)  With  a  view  to  helping  Member  States  in  the  preparation  of  their  projects,  the 
Commission should be in a position to ensure that the necessary technical support is 
available 
the  preparation, 
implementation, monitoring and evaluation of projects. 

them,  particularly 

to  contribute 

in  order 

to 

to 

(22)  Particularly in order to ensure value for money, a thorough appraisal should precede 
the  commitment  of  Community  resources  in  order  to  ensure  that  they  yield 
socio-economic benefits in keeping with the resources deployed. 

(cid:208) 1164/94 Recital (18) 

(23)  While  the  principle  of  a  high  level  of  assistance  is  retained,  the  search  for  other 
sources of finance, in particular the beneficiary Member States effort to maximise the 
leverage of Fund resources by encouraging  greater use of private sources of funding 
should  be  supported  by  the  Commission.  The  rates  of  assistance  should  be  varied  to 

(cid:208) 1264/1999 Recital (11) 

10 

OJ  L  161,  26.6.1999,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  173/2005  (OJ  L  29, 
2.2.2005, p. 3). 

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improve the leverage of Fund resources and to take better account of the rate of return 
on projects. Application of the polluter-pays principle laid down in Article 174 of the 
Treaty must be complied with in operations financed by the Fund. 

(24)  Assistance  from  the  Fund  must  be  consistent  with  Community  policies,  including 
environmental  protection,  transport,  trans-European  networks,  competition  and  the 
award  of  public  contracts.  Environmental  protection  includes  the  assessment  of 
environmental impact. 

(cid:208) 1164/94 Recital (19) (adapted) 

(25)  There should be provision for an indicative allocation of the global resources available 
for  commitment  between  the  Member  States  in  order  to  facilitate  the  preparation  of 
projects. 

(cid:208) 1164/94 Recital (20) 

(26)  Total  annual  receipt  in  any  Member  State  from  the  Fund  under  this  Regulation,  in 
combination  with  assistance  provided  under  the  Structural  Funds,  should  be  limited 
under a general capping dependent on the national absorption capacity. 

(cid:208) 1264/1999 Art. 1 point 1(c) 
(adapted) 

(27)  The  preliminary  and  final  figures  for  the  public-sector  borrowing  requirement,  gross 
domestic  product  ⌦ (GDP) ⌫  and  GNP  must  be  compiled  in  accordance  with  the 
rules of the European system of integrated economic accounts established by Council 
Regulation (EC) No 2223/9611. 

(cid:208) 1264/1999 Recital (9) (adapted) 

(28) 

It is necessary, given the requirements of economic and social cohesion, to provide a 
high rate of assistance. 

(cid:208) 1164/94 Recital (22) 

11 

OJ  L  310,  30.11.1996,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1267/2003  of  the 
European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1). 

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(29) 

In  order  to  facilitate  the  management  of  assistance  from  the  Fund,  there  should  be 
provision  for  identifying  the  stages  of  projects  which  may  be  considered  technically 
and financially separate and for grouping the projects together, if necessary. 

(cid:208) 1164/94 Recital (23) 

(cid:208) 1164/94 Recital (24) 

(30) 

It should be possible to opt for assistance from the Fund either by annual instalments 
or for the whole of the project and, in accordance with the principle laid down by the 
European  Council  meeting  at  Edinburgh  on  11  and  12  December  1992,  payment 
instalments  following  an  initial  advance  should  be  closely  and  transparently  linked 
with progress towards the completion of projects. 

(31)  The respective powers and responsibilities of the Member States and the Commission 

concerning financial control over the Fund's operations should be specified. 

(cid:208) 1164/94 Recital (25) 

(32)  The Commission and the Member State should improve their cooperation on checking 

projects and this cooperation should be made systematic. 

(cid:208) 1265/1999 Recital (5) 

(cid:208) 1164/94 Recital (26) (adapted) 

(33) 

In the interests of the proper management of the Fund, provision should be made for 
effective  methods  of  evaluating,  monitoring  and  checking  Community  operations, 
specifying the principles governing the evaluation, defining the nature of and the rules 
governing  the  monitoring,  and  laying  down  the  action  to  be  taken  in  response  to 
irregularities  or  failure  to  comply  with  one  of  the  conditions  laid  down  when 
assistance from the Fund was approved. 

(34)  Where irregularities are detected, there should be a system of financial corrections to 

protect the financial interests of the Community. 

(cid:208) 1265/1999 Recital (6) 

(35)  Adequate information should be provided, inter alia, in the form of an annual report. 

(cid:208) 1164/94 Recital (27) 

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(36)  Provision  should  be  made  to  give  adequate  publicity  to  Community  assistance  from 

the Fund. 

(cid:208) 1164/94 Recital (28) (adapted) 

(37)  Publication in the Official Journal of the European Union of calls for public tenders 
concerning projects receiving assistance from the Fund should mention the assistance. 

(cid:208) 1164/94 Recital (29) 

(38) 

In  order  to  facilitate  the  application  of  this  Regulation,  the  implementing  provisions 
should be defined in Annex II. To ensure the necessary flexibility in their application, 
the Council, acting by a qualified majority on a proposal from the Commission, should 
be able, if necessary, in the light of experience gained, to amend those provisions, 

(cid:208) 1164/94 Recital (30) 

HAS ADOPTED THIS REGULATION: 

(cid:208) 1164/94 

Article 1 

Definition and objective 

1. A Cohesion Fund, hereinafter referred to as “the Fund”, is hereby established. 

2. The Fund shall contribute to the strengthening of the economic and social cohesion of the 
Community and shall operate according to the provisions set out in this Regulation. 

3. The Fund may contribute to the financing of: 

(a) 

(b) 

(c) 

projects; or 

stages of a project which are technically and financially independent; or 

groups of projects linked to a visible strategy which form a coherent whole. 

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(cid:208) 1164/94 (adapted) 

Article 2 

Scope 

1.  The  Fund  shall  provide  financial  contributions  to  projects,  which  contribute  to  achieving 
the objectives laid  down  in  the  Treaty on European  Union,  in  the fields  of  the environment 
and trans-European transport infrastructure networks in Member States with a per capita gross 
national  product  (GNP),  measured  in  purchasing  power  parities,  of  less  than  90%  of  the 
Community average which have a programme  leading to the fulfilment of the conditions of 
economic convergence referred to in Article ⌦ 104 ⌫ of the Treaty. 

2. With regard to the GNP criterion referred to in paragraph 1, the Member States referred to 
in the ⌦ second subparagraph of paragraph 3 ⌫ shall continue to be eligible for assistance 
from the Fund provided that, after a mid-term review ⌦ carried out before the end of 2003 
based on per capita GNP as shown by Community data for the period 2000 to 2002 ⌫, their 
GNP  remains  below  90 %  of  the  Community  average.  Any  eligible  Member  State  whose 
GNP exceeds the 90 % threshold at that time shall lose its entitlement to assistance from the 
Fund for new projects or, in the case of important projects split into several technically and 
financially separate stages, for new stages of a project. 

(cid:208) 1264/1999 Art. 1 point 2 
(adapted) 

3. To be eligible under the Fund from 1 January 2000, the beneficiary Member States must 
have introduced a programme as provided for in Articles 3 and 7 of Council Regulation (EC) 
No 1466/9712. 

The  four  Member  States  meeting  the  GNP  criterion  referred  to  in  paragraph  1  are  Greece, 
Spain, Ireland and Portugal. 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II, Part 15 point 1(a) 
(adapted) 

⌦ 4. ⌫ From  the date of  accession until 31 December 2006 the Czech Republic, Estonia, 
Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  shall  also  be 
eligible for assistance from the Fund. 

⌦ 5. ⌫  For  the  purposes  of  applying  this  Regulation,  GNP  shall  mean ⌦ gross  national 
income ⌫ (GNI) for the year at market prices as provided by the Commission in application 
of the ESA 95 in accordance with Regulation (EC) No 2223/96. 

12 

OJ L 209, 2.8.1997, p. 1. 

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(cid:208) 1164/94 (adapted) 

Article 3 

Eligible measures 

1. The Fund may provide assistance for the following: 

(a) 

environmental  projects  contributing  to  the  achievement  of  the  objectives  of 
Article ⌦ 174 ⌫ of the Treaty, including projects resulting from measures adopted 
pursuant to Article ⌦ 175 ⌫ of the Treaty and, in particular, projects in line with 
the  priorities  conferred  on  Community  environmental  policy  by  the  Programme  of 
Policy and Action in relation to the Environment and Sustainable Development; 

(b) 

transport  infrastructure  projects  of  common  interest,  supported  by  Member  States, 
which  are  identified  within  the  framework  of  the  guidelines  adopted  by  Decision 
No 1692/96/EC of the European Parliament and the Council13. 

(cid:208) 1264/1999 Art. 1 point 3 

(cid:208) 1164/94 
(cid:206)1 1264/1999 Art. 1 point 3 

2. Assistance may also be granted for: 

(a) 

preliminary  studies  related  to  eligible  projects,  including  those  necessary  for  their 
implementation; 

(b)  (cid:206)1 technical  support  measures,  including  publicity  and  information  campaigns, 

particularly: (cid:205) 

(i) 

horizontal  measures  such  as  comparative  studies  to  assess  the  impact  of 
Community assistance; 

(ii)  measures  and  studies  which  contribute 

the  appraisal,  monitoring 
(cid:206)1 , supervision (cid:205)  or  evaluation,  of  projects,  and  to  strengthening  and 
ensuring  the  co-ordination  and  consistency  of  projects,  particularly  their 
consistency with other Community policies; 

to 

(iii)  measures  and  studies  helping  to  make  the  necessary  adjustments  to  the 

implementation of projects. 

13 

OJ L 228, 9.9.1996, p. 1. 

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15 

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Article 4 

Financial resources 

From 1 January 2000, total resources available for commitments for Greece, Spain, Portugal 
and Ireland in the period 2000 to 2006 should be EUR 18 billion at 1999 prices. 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II, Part 15 point 1(b) 

Commitment appropriations for each year of that period should be: 

(cid:208) 1264/1999 Art. 1 point 4  

– 

– 

– 

– 

– 

– 

– 

2000: EUR 2.615 billion; 

2001: EUR 2.615 billion; 

2002: EUR 2.615 billion; 

2003: EUR 2.615 billion; 

2004: EUR 2.515 billion; 

2005: EUR 2.515 billion; 

2006: EUR 2.510 billion. 

In the event of a Member State becoming ineligible, resources for the Fund will be reduced 
accordingly. 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II, Part 15 point 1(c) 
(adapted) 

Total resources available for commitments for the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  in  the  period  from  the  date  of 
accession to 2006 should be EUR ⌦ 7.5905 ⌫ billion at 1999 prices. 

Commitment appropriations for each year of that period should be: 

– 

– 

– 

2004: EUR 2.6168 billion; 

2005: EUR 2.1517 billion; 

2006: EUR 2.8220 billion. 

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(cid:208) 1264/1999 Art. 1 point 5 
(adapted) 

Article 5 

Indicative allocation 

An  indicative  allocation  of  the  total  resources  of  the  Fund  shall  be  made  on  the  basis  of 
precise  and  objective  criteria,  principally  population,  per  capita  GNP  taking  account  of  the 
improvement in national prosperity attained over the previous period, and surface area; it shall 
also  take  account  of  other  socioeconomic  factors  such  as  deficiencies  in  transport 
infrastructure. 

The indicative allocation of the total resources resulting from the application of those criteria 
is set out in Annex I. 

Total  annual  receipts  from  the  Fund  under  this  Regulation,  in  combination  with  assistance 
provided  under  the  Structural  Funds,  should  not  exceed  4%  of  national  ⌦ gross  domestic 
product ⌫ (GDP). 

(cid:208) 1264/1999 Art. 1 point 6 
(adapted) 

Article 6 

Conditional assistance 

1.  No  new  projects  or,  in  the  event  of  important  projects,  no  new  project  stages  shall  be 
financed  by  the  Fund  in  a  Member  State  in  the  event  of  the  Council,  acting  by  a  qualified 
majority  on  a  recommendation  from  the  Commission,  finding  that  the  Member  State  in  the 
application  of  this  Regulation  has  not  implemented  the  programme  referred  to  in 
Article 2 ⌦ (3) ⌫ in such a way as to avoid an excessive government deficit. 

The suspension of financing shall cease when the Council, acting under the same conditions, 
finds that the Member State concerned has taken measures to implement that programme in 
such a way as to avoid an excessive government deficit. 

2. Exceptionally, in the case of projects directly affecting more than one Member State, the 
Council  acting  by  a  qualified  majority  on  a  recommendation  from  the  Commission  may 
decide to defer suspension of financing. 

EN 

17 

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(cid:208) 1164/94 

Article 7 

Rate of assistance 

1. The rate of Community assistance granted by the Fund shall be 80% to 85% of public or 
equivalent  expenditure,  including  expenditure  by  bodies  whose  activities  are  undertaken 
within  an  administrative  or  legal  framework  by  virtue  of  which  they  may  be  deemed  to  be 
equivalent to public bodies. 

(cid:208) 1264/1999 Art. 1 point 7 
(adapted) 

However,  this  rate  may  be  reduced  to  take  account,  in  cooperation  with  the  Member  State 
concerned,  of  the  estimated  revenue  generated  by  projects  and  of  any  application  of  the 
polluter-pays principle. 

To achieve this, the Commission shall support beneficiary Member States' efforts to maximise 
the leverage of Fund resources by encouraging greater use of private sources of funding. 

2.  Where  assistance  is  granted  for  a  project  which  generates  revenue,  the  amount  of  the 
assistance from the Fund shall be established by the Commission, taking account of revenue 
where it constitutes substantial net revenue for the promoters and in close collaboration with 
the beneficiary Member State. 

(cid:208) 1164/94 

“Project which generates revenue” means: 

(a) 

(b) 

infrastructures the use of which involves fees borne directly by users; 

productive investments in the environment sector. 

3. The beneficiary Member States may submit proposals for preparatory studies and technical 
support measures. 

4.  Preliminary  studies  and  technical  support  measures,  including  those  undertaken  at  the 
Commission's initiative, may be financed exceptionally at 100% of the total cost. 

Total  expenditure  carried  out  pursuant  to  this  paragraph  may  not  exceed  0.5%  of  the  total 
allocation to the Fund. 

EN 

18 

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(cid:208) 1164/94 (adapted) 

Article 8 

Co-ordination and compatibility with Community policies 

1. Projects financed by the Fund shall be in keeping with the provisions of the Treaties, with 
the  instruments  adopted  pursuant  thereto  and  with  Community  policies,  including  those 
concerning  environmental  protection,  transport,  trans-European  networks,  competition  and 
the award of public contracts. 

2. The Commission  shall  ensure  co-ordination and  consistency between projects undertaken 
pursuant to this Regulation and measures undertaken with contributions from the Community 
budget,  the  European  Investment  Bank (EIB) and  the  other  financial  instruments  of  the 
Community. 

(cid:208) 1164/94 

Article 9 

Cumulation and overlapping 

1.  No  item  of  expenditure  may  benefit  both  from  the  Fund  and  from  the  European 
Agricultural  Guidance  and  Guarantee  Fund,  the  European  Social  Fund,  the  European 
Regional Development Fund or the financial instrument of fisheries guidance. 

2.  The  combined  assistance  of  the  Fund  and  other  Community  aid  for  a  project  shall  not 
exceed 90% of the total expenditure relating to that project. 

(cid:208) 1164/94 (adapted) 
(cid:206)1 1264/1999 Art. 1, pt. 8 

Article 10 

Approval of projects 

1. The projects to be financed by the Fund shall be adopted by the Commission in agreement 
with the beneficiary Member State. 

2.  A  suitable  balance  shall  be  struck  between  projects  in  the  field  of  the  environment  and 
take  account  of 
projects 
Article ⌦ 175 ⌫ (5) of the Treaty. 

infrastructure.  This  balance  shall 

transport 

relating 

to 

3.  Applications  for  assistance  for  projects  under  Article  3(1)  shall  be  submitted  by  the 
beneficiary  Member  State.  Projects,  including  groups  of  related  projects,  shall  be  of  a 
sufficient scale to have a significant impact in the field of environmental protection or in the 

EN 

19 

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improvement of trans-European transport infrastructure networks. In any event, the total cost 
of  projects  or  groups  of  projects  may  in  principle  not  be  less  than  (cid:206)1 EUR (cid:205)  10  million. 
Projects or groups of projects costing less than this may be approved in duly justified cases. 

4.  Applications  shall  contain  the  following  information:  the  body  responsible  for 
implementation, the nature of the investment and a description thereof, its costs and location, 
including, where applicable, an indication of projects of common interest situated on the same 
transport axis, the timetable for implementation of the work, a cost-benefit analysis, including 
the  direct  and  indirect  effects  on  employment,  information  enabling  impact  on  the 
environment  to  be  assessed,  information  on  public  contracts,  the  financing  plan  including, 
where possible, information on the economic viability of the project, and the total financing 
the Member State is seeking from the Fund and any other Community source. 

They shall also contain all relevant information providing the required proof that the projects 
comply with the Regulation and with the criteria set out in paragraph 5, and particularly that 
there  are  medium-term  economic  and  social  benefits  commensurate  with  the  resources 
deployed. 

5. The following criteria shall be applied to ensure the high quality of projects: 

(a) 

(b) 

(c) 

(d) 

(e) 

their medium-term economic and social benefits, which shall be commensurate with 
the  resources  deployed;  an  assessment  shall  be  made  in  the  light  of  a  cost-benefit 
analysis; 

the priorities established by the beneficiary Member States; 

the  contribution  which  projects  can  make  to  the  implementation  of  Community 
policies  on  the  environment  (cid:206)1 including  the  polluter-pays  principle (cid:205)  and  trans-
European networks; 

the  compatibility  of  projects  with  Community  policies  and  their  consistency  with 
other Community structural measures; 

the  establishment  of  an  appropriate  balance  between  the  fields  of  the  environment 
and transport infrastructure. 

6. Subject to Article 6 and to the availability of commitment appropriations, the Commission 
shall decide on the grant of assistance from the Fund provided that the requirements of this 
Article  are  fulfilled,  as  a  general  rule  within  three  months  of  receipt  of  the  application. 
Commission  decisions  approving  projects,  stages  of  projects  or  groups  of  related  projects 
shall determine the amount of financial support and lay down a financing plan together with 
all the provisions and conditions necessary for the implementation of the projects. 

7. The key details of the Commission's decisions shall be published in the Official Journal of 
the European Union. 

EN 

20 

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(cid:208) 1164/94 

Article 11 

Financial provisions 

1. The commitment appropriations entered in the budget shall be granted on the basis of the 
decisions approving the measures concerned, in accordance with Article 10. 

2.  Assistance  relating  to  the  projects  referred  to  in  Article  3(1)  shall  as  a  general  rule  be 
committed  by  annual  instalments.  However,  in  appropriate  cases,  the  Commission  may 
commit  the  total  amount  of  the  assistance  granted  when  it  adopts  the  decision  granting  the 
assistance. 

3. Expenditure within the meaning of Article 7(1) shall not be deemed eligible for assistance 
from  the  Fund  if  incurred  by  the  beneficiary  Member  State  before  the  date  on  which  the 
Commission receives the relevant application. 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II Part 15 point 1(d) 

For  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland, 
Slovenia  and  Slovakia,  expenditure  within  the  meaning  of  Article  7(1)  shall  be  deemed 
eligible for assistance from the Fund only if incurred after 1 January 2004 provided that all 
requirements of this Regulation have been fulfilled. 

(cid:208) 1164/94 
(cid:206)1 1264/1999 Art. 1 point 9 

4. Payments made after an initial advance must be closely and transparently linked to progress 
made in the implementation of the projects. 

5. Payments shall be made in (cid:206)1 euro (cid:205) and shall be subject to the specific provisions set 
out in Annex II. 

Article 12 

Financial checks 

1.  Without  prejudice  to  the  Commission's  responsibility  for  implementing  the  Community 
budget, Member States shall take responsibility in the first instance for the financial control of 
projects. To that end, the measures they take shall include: 

(cid:208) 1264/1999 Art. 1 point 10 

EN 

21 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

verifying that management and control arrangements have been set up and are being 
implemented  in  such  a  way  as  to  ensure  that  Community  funds  are  being  used 
efficiently and correctly; 

providing the Commission with a description of these arrangements; 

ensuring that projects are managed in accordance with all the applicable Community 
rules  and  that  the  funds  placed  at  their  disposal  are  used  in  accordance  with  the 
principles of sound financial management; 

certifying  that  the  declarations  of  expenditure  presented  to  the  Commission  are 
accurate  and  guaranteeing  that  they  result  from  accounting  systems  based  on 
verifiable supporting documents; 

preventing  and  detecting  irregularities,  notifying  these  to  the  Commission,  in 
accordance with the rules, and keeping the Commission informed of the progress of 
administrative  and  legal  proceedings.  In  that  context,  the  Member  States  and  the 
Commission shall take the necessary steps to ensure that the information exchanged 
remains confidential; 

presenting to the Commission, when each project, step of project or group of projects 
is  wound  up,  a  declaration  drawn  up  by  a  person  or  department  having  a  function 
independent  of  the  designated  authority.  This  declaration  shall  summarise  the 
conclusions  of  the  checks  carried  out  during  previous  years  and  shall  assess  the 
validity  of  the  application  for  payment  of  the  final  balance  and  the  legality  and 
regularity of the expenditure covered by the final certificate. The Member States may 
attach their own opinion to this declaration if they consider it necessary; 

co-operating  with  the  Commission  to  ensure  that  Community  funds  are  used  in 
accordance with the principles of sound financial management; 

recovering  any  amounts  lost  as  a  result  of  an  irregularity  detected  and,  where 
appropriate, charging interest on late payments. 

2.  The  Commission  in  its  responsibility  for  the  implementation  of  the  Community  budget 
shall ensure that Member States have smoothly functioning management and control systems 
so that Community funds are efficiently and correctly used. 

To that end, without prejudice to checks carried out by the Member States in accordance with 
national  laws,  regulations  and  administrative  provisions,  Commission  officials  or  servants 
may,  in  accordance  with  arrangements  agreed  with  the  Member  State  in  the  framework  of 
cooperation  described  in  Article  G(1)  of  Annex  II,  carry  out  on-the-spot  checks,  including 
sample checks, on the projects financed by the Fund and on management and control systems 
with  a  minimum  of  one  working  day's  notice.  The  Commission  shall  give  notice  to  the 
Member  State  concerned  with  a  view  to  obtaining  all  the  assistance  necessary.  Officials  or 
servants of the Member State concerned may take part in such checks. 

The Commission may require the Member State concerned to carry out an on-the-spot check 
to verify the correctness  of  one  or  more  transactions. Commission officials or servants may 
take part in such checks. 

EN 

22 

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(cid:208) 1265/1999 Art. 1 point 7 

Before  carrying  out  an  on-the-spot  check,  the  Commission  shall  give  notice  to  the  Member 
State concerned with a view to obtaining all the assistance necessary. On-the-spot checks by 
the Commission without notice shall be subject to agreements reached in accordance with the 
Financial  Regulation.  Officials  or  agents  of  the  Member  State  concerned  may  take  part  in 
checks. 

The Commission may require the Member State concerned to carry out an on-the-spot check 
to verify the correctness of payment applications. Officials or agents of the Commission may 
take part in such checks, and must do so if the Member State concerned so requests. 

The  Commission  shall  ensure  that  any  checks  that  it  carries  out  are  performed  in  a  co-
ordinated manner so as to avoid repeating checks in respect of the same subject matter during 
the  same  period.  The  Member  State  concerned  and  the  Commission  shall  immediately 
exchange any relevant information concerning the results of the checks carried out. 

(cid:208) 1164/94 (adapted) 
(cid:206)1 1264/1999 Art. 1 point 10 

3.  Member  States  shall  make  available  to  the  Commission  any  appropriate  national  control 
reports on the projects concerned. 

(cid:206)1 4. (cid:205)  The  Commission  shall  adopt  detailed  rules  for  the  application  of  this  Article  and 
shall inform the European Parliament thereof. 

Article 13 

Appraisal, monitoring and evaluation 

1. The Member States and the Commission shall ensure that the implementation of projects 
under this Regulation is effectively monitored and evaluated. Projects must be adjusted on the 
basis of the results of monitoring and evaluation. 

2.  In  order  to  ensure  the  effectiveness  of  Community  assistance,  the  Commission  and  the 
beneficiary Member States shall, in cooperation with the EIB where appropriate, carry out a 
systematic appraisal and evaluation of projects. 

3. On receipt of a request for assistance and before approving a project, the Commission shall 
carry out a thorough appraisal in order to assess the project's consistency with the criteria laid 
down in Article 10(5). The Commission shall invite the EIB to contribute to the assessment of 
projects as necessary. 

4. During the implementation of projects and after their completion, the Commission and the 
beneficiary Member States shall evaluate the manner in which they have been carried out and 
the potential and actual impact of their implementation in order to assess whether the original 
objectives  can  be,  or  have  been,  achieved.  This  evaluation  shall,  inter  alia,  address  the 
environmental impact of the projects, in compliance with the existing Community rules. 

EN 

23 

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5. In vetting individual applications for assistance, the Commission shall take into account the 
findings of appraisals and evaluations made in accordance with this Article. 

6. The detailed rules for monitoring and evaluation, as provided for in paragraph 4, shall be 
laid down in the decisions approving projects. 

Article 14 

Information and publicity 

1.  The  Commission  shall  present  an  annual  report  on  the  activities  of  the  Fund,  for  the 
purposes  of  examination  and  their  opinion,  to  the  European  Parliament,  the  Council,  the 
European Economic and Social Committee and the Committee of the Regions. 

The  European  Parliament  shall  deliver  an  opinion  on  the  report  as  soon  as  possible.  The 
Commission  shall  report  on  how  it  has  applied  the  observations  contained  in  the  European 
Parliament's opinion. 

The Commission shall ensure that Member States are informed of the activities of the Fund. 

2.  The  Member  States  responsible  for  implementing  a  measure  receiving  a  financial 
contribution from the Fund shall ensure that adequate publicity is given to the measure with a 
view to: 

(a) 

(b) 

making the general public aware of the role played by the Community in relation to 
the measure; 

making  potential  beneficiaries  and  professional  organisations  aware  of 
possibilities afforded by the measure. 

the 

Member  States  shall  ensure,  in  particular,  that  directly  visible  display  panels  are  erected 
showing  the  percentage  of  the  total  cost  of  a  given  project  which  is  being  financed  by  the 
Community,  together  with  the  Community  logo,  and  that  representatives  of  the  Community 
institutions are duly involved in the most important public activities connected with the Fund. 

They shall inform the Commission of the initiatives taken under this paragraph. 

3. The Commission shall adopt detailed rules on information and publicity, shall inform the 
European Parliament thereof and shall publish them in the Official Journal of the European 
Union. 

(cid:208) 1164/94 

Article 15 

Implementation 

The provisions for the implementation of this Regulation are set out in Annex II hereto. 

EN 

24 

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(cid:208) 1164/94 (adapted) 
(cid:206)1 1264/1999 Art. 1 point 11 

Article 16 

Final and transitional provisions 

1. The Council, acting on a proposal from the Commission in accordance with the procedure 
laid  down  in  Article  ⌦ 161 ⌫  of  the  Treaty,  shall  re-examine  this  Regulation  (cid:206)1 by 
31 December 2006 at the latest (cid:205) . 

⌦ 2. ⌫  This  Regulation  shall  not  affect  the  continuation  of  measures  approved  by  the 
Commission on the basis of the provisions of Regulation (EEC) No 792/93 applicable before 
the  entry  into  force  of  Regulation  ⌦ (EC)  No  1164/94.  This  Regulation ⌫  shall 
consequently apply, ⌦ as from its entry into force, ⌫ to those measures. 

⌦ 3.  Applications  presented  within  the  framework  of  Regulation  (EEC)  No  792/93  before 
the entry into force of Regulation (EC) No 1164/94 shall remain valid provided that, no later 
than  26  July  1994,  they  were  supplemented  where  necessary,  so  as  to  comply  with  the 
requirements of Regulation (EC) No 1164/94. ⌫ 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II Part 15 point 1(e) 
(adapted) 

Article 17 

Specific provisions following the accession to the European Union of a new Member 
State which has benefited from pre-accession aid under the Instrument for Structural 
Policies for Pre-Accession (ISPA) 

1.  Measures  which,  on  the  date  of  accession  of  the  Czech  Republic,  Estonia,  Latvia, 
Lithuania,  Hungary,  Poland,  Slovenia  and  Slovakia,  have  been  the  subject  of  Commission 
decisions  on  assistance  under  ⌦ Council ⌫  Regulation  (EC)  No  1267/199914  and  the 
implementation of which has not been approved by the Commission Regulation. Unless stated 
otherwise  in  paragraphs  2  to  5,  the  provisions  governing  the  implementation  of  measures 
approved pursuant to this Regulation shall apply to these measures. 

2.  Any  procurement  procedure  relating  to  a  measure  referred  to  paragraph  1  which,  on  the 
date  of  accession,  has  already  been  the  subject  of  an  invitation  to  tender  published  in  the 
Official  Journal  of  the  European  Union  shall  be  implemented  in  accordance  with  the  rules 
laid  down  in  that  invitation  to  tender.  The  provisions  contained  in  Article  165  of  Council 
Regulation (EC, Euratom) No 1605/200215 shall not apply. 

14 
15 

OJ L 161, 26.6.1999, p. 73. 
OJ L 248, 16.9.2002, p. 1. 

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25 

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Any procurement procedure relating to a measure referred to in paragraph 1 which has not yet 
been the subject of an invitation to tender published in the Official Journal of the European 
Union shall follow the rules and provisions referred to in Article 8. 

3.  The  Commission  may  decide,  in  duly  justified  cases,  on  request  from  the  Member  State 
concerned  and  only  in  respect  of  the  annual  instalments  still  to  be  committed  under  the 
general  budget,  to  modify  the  Community  assistance  to  be  granted,  taking  account  of  the 
criteria laid down in Article 7. The modification of the Community assistance shall not affect 
the part of the measure already covered by a loan signed with the EIB, the European Bank for 
Reconstruction and Development or another financial institution. 

Payments  made  by  the  Commission  under  a  measure  referred  to  in  paragraph  1  shall  be 
posted  to  the  earliest  open  commitment  made  in  first  instance  pursuant  to  Regulation  (EC) 
No 1267/1999, and then pursuant to this Regulation. 

4.  For  the  measures  referred  to  in  paragraph  1,  the  rules  governing  the  eligibility  of 
expenditure  pursuant  to  Regulation  (EC)  No  1267/1999  shall  remain  applicable,  except  in 
duly justified cases to be decided on by the Commission at the request of the Member State 
concerned. 

5. The Commission may decide, in exceptional and duly justified cases, to authorise specific 
exemptions from the rules applicable pursuant to this Regulation for the measures referred to 
in paragraph 1. 

(cid:208)  

Article 18 

Repeal 

Regulation (EC) No 1164/94 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex IV. 

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(cid:208) 1164/94 Art. 17 (adapted) 

Article 19 

Entry into force 

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 Brussels, […] 

For the Council 
The President 
[…] 

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(cid:208) 2003 Act of Accession Art. 20 
and Annex II, Part 15 point 1(f) 
(adapted) 

ANNEX I 

Indicative allocation among the beneficiary Member States of the total resources of the Fund, 
as referred to in the ⌦ first ⌫ paragraph of Article 4: 

– 

– 

– 

– 

Greece: 

16% to 18% of the total 

Spain: 

61% to 63.5% of the total 

Ireland: 

2% to 6% of the total 

Portugal: 

16% to 18% of the total. 

Indicative allocation among the beneficiary Member States of the total resources of the Fund, 
as referred to in the ⌦ fourth ⌫ paragraph of Article 4: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Czech Republic:  9.76% to 12.28% of the total 

Estonia: 

2.88% to 4.39% of the total 

Cyprus: 

0.43% to 0.84% of the total 

Latvia: 

5.07% to 7.08% of the total. 

Lithuania: 

6.15% to 8.17% of the total 

Hungary: 

11.58% to 14.61% of the total 

Malta: 

Poland: 

0.16% to 0.36% of the total 

45.65% to 52.72% of the total 

Slovenia: 

1.72% to 2.73% of the total 

Slovakia: 

5.71% to 7.72% of the total. 

_____________ 

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(cid:208) 1164/94 

ANNEX II 

IMPLEMENTING PROVISIONS 

(cid:208) 1265/1999 Art. 1 point 1 
(adapted) 

Article A 

Designation of projects, of stages or groups of projects 

1.  The  Commission  may,  in  agreement  with  the  beneficiary  Member  State,  group  projects 
together and designate technically and financially separate stages of a project for the purpose 
of granting assistance. 

2. For the purpose of this Regulation, the following definitions shall apply: 

(a) 

(b) 

a  “project”  shall  be  an  economically  indivisible  series  of  works  fulfilling  a  precise 
technical function and with clearly identified aims from which to judge whether the 
project complies with the criterion laid down in Article 10(5) ⌦ (a) ⌫ ; 

a  “technically  and  financially  independent  stage”  shall  be  a  stage  which  can  be 
identified as operational in its own right. 

3.  A  stage  may  also  cover  preliminary,  feasibility  and  technical  studies  needed  for  carrying 
out a project. 

4.  To  comply  with  the  criterion  in  Article  1(3)  ⌦ (c) ⌫,  projects  meeting  the  following 
three conditions may be grouped: 

(cid:208) 1265/1999 Art. 1 point 1 

(a) 

(b) 

(c) 

they must be located in the same area or situated along the same transport corridor; 

they must be  carried out  under an overall plan for the area or corridor with clearly 
identified goals, as provided for in Article 1(3); 

they must be supervised by a body responsible for co-ordinating and monitoring the 
group of projects in cases where the projects are carried out by different competent 
authorities. 

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(cid:208) 1164/94 (adapted) 
(cid:206)1 1265/1999 Art. 1 point 2 
(cid:206)2 1265/1999 Art. 1 point 3 

Article B 

⌦ Appraisal ⌫ 

1.  The  Commission  shall  examine  applications  for  assistance  to  verify  in  particular  that  the 
administrative and financial mechanisms are adequate for the effective implementation of the 
project. 

2.  Pursuant  to  Article  13(3),  the  Commission  shall  appraise  projects  to  determine  their 
anticipated  impact  in  terms  of  the  objectives  of  the  Fund,  quantified  using  appropriate 
indicators. (cid:206)1 The beneficiary Member States shall provide all necessary information, as set 
out in Article 10(4), including the results of feasibility studies and ex ante appraisals. In order 
to make this appraisal as effective as possible, Member States shall also provide the results of 
the environmental impact assessment in conformity with the Community legislation, and their 
consistency with a general environmental or transport strategy at administrative unit or sector 
level, and, where appropriate: 

(a) 

(b) 

an indication of the possible alternatives that were not chosen; and 

the  links  between  projects  of  common  interest  located  along  the  same  transport 
corridor. (cid:205) 

Article C 

Commitments 

1. Budgetary commitments shall be made on the basis of the Commission decisions approving 
the measures concerned (project, stage of project, group of projects, study or technical support 
measure). Commitments shall be valid for a period determined by the nature of the measure 
and the specific conditions for its implementation. 

2. Budgetary commitments in respect of assistance granted to projects, stages of projects or 
groups of projects shall be carried out in one of two ways: 

(a) 

commitments  in  respect  of  the  projects  referred  to  in  Article  3(1)  to  be  carried  out 
over  a  period  of  two  or  more  years  shall,  as  a  general  rule  and  subject  to  the 
provisions of subparagraph (b), be effected in annual instalments. 

The  commitments  in  respect  of  the  first  annual  instalment  shall  be  made  when  the 
the  Commission. 
decision  granting  Community  assistance 
(cid:206)2 Commitments in respect of subsequent annual instalments shall be based on the 
initial  or  revised  financing  plan  for  the  project  and  shall  normally  be  made  at  the 
beginning of each budget year and as a general rule by 30 April each year, based on 
the expenditure forecasts for the project for that current year; (cid:205) 

is  adopted  by 

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(cid:208) 1265/1999 Art. 1 point 3 

(b) 

for  projects  to  be  carried  out  over  a  period  of  less  than  two  years  or  where 
Community assistance is less than EUR 50 million, an initial commitment of 80% of 
assistance  may  be  made  when  the  Commission  adopts  the  decision  to  grant 
Community assistance. 

The balance shall be committed according to the implementation of the project. 

(cid:208) 1164/94 

3.  In  the  case  of  the  studies  and  technical  support  measures  referred  to  in  Article  3(2),  the 
assistance shall be committed when the Commission approves the measure concerned. 

4.  The  arrangements  for  commitments  shall  be  specified  in  the  Commission  decisions 
approving the measures concerned. 

(cid:208) 1265/1999 Art. 1 point 3 

5.  Except  in  duly  justified  cases,  the  assistance  granted  to  a  project,  group  of  projects  or 
project stage on which work has not begun within two years from the date of its expected start 
as  indicated  in  the  decision  granting  assistance  or  the  date  of  its  approval  if  later,  shall  be 
cancelled. 

In any case the Commission shall inform in good time the Member States and the designated 
authority whenever there is a risk of cancellation. 

(cid:208) 1164/94 
(cid:206)1 1265/1999 Art. 1 point 4 

Article D 

Payments 

1.  Payments  of  financial  assistance  shall  be  made  in  accordance  with  the  corresponding 
budget  commitments,  to  the  authority  or  body  designated  for  the  purpose  in  the  application 
submitted  by  the  beneficiary  Member  State  concerned.  (cid:206)1 Payments  may  take  the  form  of 
payments  on  account,  interim  payments  or  payments  of  the  final  balance.  Interim  payments 
and  payments  of  the  balance  shall  relate  to  expenditure  actually  paid  out,  which  must  be 
supported by receipted invoices or accounting documents of equivalent probative value. (cid:205) 

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(cid:208) 1265/1999 Art. 1 point 4 

2. Payments shall be made as follows: 

(a) 

a single payment on account of 20% of the Fund assistance as initially decided shall 
be  paid  when  the  decision  granting  Community  assistance  is  adopted  and,  except 
where duly justified, after signature of the contracts relating to public procurement. 

All  or  part  of  a  payment  on  account  shall  be  repaid  by  the  designated  authority  or 
body referred to in paragraph 1 if no payment application is sent to the Commission 
within 12 months from the date on which the payment on account is paid; 

(b) 

interim payments may be paid provided that the project is progressing satisfactorily 
towards  completion  and  shall  be  made  to  refund  the  expenditure  certified  and 
actually paid, subject to the following conditions: 

(i) 

the Member State has submitted an application describing the progress of the 
project in terms of its physical and financial indicators and its conformity with 
the  decision  to  grant  assistance,  including  where  appropriate  any  specific 
conditions attached to the assistance; 

(ii) 

the  observations  and  recommendations  of  the  national  and/or  Community 
inspection authorities have been acted on, in particular as regards the correction 
of any observed or presumed irregularities; 

(iii) 

the  main  technical,  financial  and  legal  problems  that  have  arisen  and  the 
measures taken to correct them have been indicated; 

(iv)  any departures from the original financing plan have been analysed; 

(v) 

the steps taken to publicise the project have been described. 

The Member States shall be informed without delay by the Commission if one of the 
abovementioned conditions is not fulfilled; 

the total amount of the payments made under (a) and (b) may not exceed 80% of the 
total  assistance  granted.  This  percentage  may  be  increased  to  90%  for  important 
projects committed in annual instalments and in justified cases; 

the  final  balance  of  Community  assistance  calculated  on  the  basis  of  expenditure 
certified and actually paid shall be paid provided that: 

(c) 

(d) 

(i) 

(ii) 

the project, stage of project, or group of projects has been carried out according 
to its objectives; 

the  designated  authority  or  body  referred  to  in  paragraph  1  submits  an 
application for payment to the Commission within six months of the deadline 
for  completion  of  the  work  and  for  expenditure  laid  down  in  the  decision 
granting assistance to the project, stage of project or group of projects; 

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(iii) 

the final report referred to in Article F(4) is submitted to the Commission; 

(iv) 

the Member State certifies to the Commission that the information given in the 
application for payment and in the report is correct; 

(v) 

the  Member  State  has  sent  the  Commission  the  declaration  referred  to  in 
Article 12(1); 

(vi)  all the information and publicity measures drawn up by the Commission under 

Article 14(3) have been implemented. 

3. If the final report referred to in paragraph 2 is not sent to the Commission within 18 months 
of the final date for completion of the works and payments as given in the decision granting 
assistance, that part of the assistance representing the remaining balance for the project shall 
be cancelled. 

4. Member States shall designate the authorities empowered to issue the certificates referred 
to in paragraph 2(d). 

(cid:208) 1164/94 

5. Member States shall ensure that applications for payment are submitted to the Commission 
as a general rule three times a year, by 1 March, 1 July and 1 November at the latest. 

(cid:208) 1265/1999 Art. 1 point 4 

(cid:208) 1164/94 
(cid:206)1 1265/1999 Art. 1 point 4 

6.  Payment  shall  be  made  to  the  authority  or  body  designated  by  the  Member  State,  as  a 
general rule not later than two months after receipt of an admissible application for payment 
(cid:206)1 provided budget funds are available (cid:205). 

7. In the case of the studies and other measures referred to in Article 3(2), the Commission 
shall determine the appropriate payment procedures. 

8. The Commission shall lay down common rules on the eligibility of expenditure. 

(cid:208) 1265/1999 Art. 1 point 4 

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(cid:208) 1164/94 
(cid:206)1 1265/1999 Art. 1 point 5 

Article E 

Use of the (cid:206)1 euro (cid:205) 

1. Applications for assistance, together with the relevant financing plan, shall be submitted to 
the Commission in (cid:206)1 euro (cid:205). 

2. The amounts of assistance and the financing plans approved by the Commission shall be 
expressed in (cid:206)1 euro (cid:205). 

3. Declarations of expenditure in support of the corresponding payment applications shall be 
expressed in (cid:206)1 euro (cid:205). 

4.  Payments  of  financial  assistance  by  the  Commission  shall  be  made  in  (cid:206)1 euro (cid:205)  to  the 
authority designated by the Member State to receive such payments. 

5.  For  Member  States  not  participating  in  the  euro,  the  conversion  rate  shall  be  the 
Commission's financial accounting rate. 

(cid:208) 1265/1999 Art. 1 point 5 

(cid:208) 1164/94 

Article F 

Monitoring 

1.  The  Commission  and 
the  Member  State  shall  ensure  effective  monitoring  of 
implementation  of  Community  projects  part-financed  by  the  Fund.  Monitoring  shall  be 
carried  out  by  way  of  jointly  agreed  reporting  procedures,  sample  checks  and  the 
establishment of ad hoc committees. 

2.  Monitoring  shall  be  carried  out  by  reference  to  physical  and  financial  indicators.  The 
indicators shall relate to the specific character of the project and its objectives. They shall be 
arranged in such a way as to show: 

(a) 

the stage reached in the receipt in relation to the plan and objectives originally laid 
down; 

(b) 

the progress achieved on the management side and any related problems. 

3.  Monitoring  committees  shall  be  set  up  by  arrangement  between  the  Member  State 
concerned and the Commission. 

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The  authorities  or  bodies  designated  by  the  Member  State,  the  Commission  and,  where 
appropriate, the EIB shall be represented on the committees. 

Where regional and local authorities are competent for the execution of a project and, where 
appropriate, where they are directly concerned by a project they shall also be represented on 
such committees. 

4.  For  each  project,  the  authority  or  body  designated  for  the  purpose  by  the  Member  State 
shall submit progress reports to the Commission within three months of the end of each full 
year  of  implementation.  A  final  report  shall  be  submitted  to  the  Commission  within 
six months of completion of the project or stage of project. 

(cid:208) 1265/1999 Art. 1 point 6 

This report shall include: 

(a) 

(b) 

(c) 

(d) 

a  description  of  the  work  carried  out,  accompanied  by  the  physical  indicators,  the 
expenditure  by  category  of  work  and  any  measures  taken  under  specific  clauses  in 
the decision granting assistance; 

information on all publicity measures; 

certification that the work conforms to the decision granting assistance; 

an initial assessment as to whether the anticipated results as indicated in Article 13(4) 
are likely to be achieved, including in particular: 

(i) 

the actual starting date of the project; 

(ii) 

the way in which it will be managed once finished; 

(iii)  confirmation, if appropriate, of the financial forecasts, especially as regards the 

operating costs and expected revenue; 

(iv)  confirmation  of  the  socioeconomic  forecasts,  in  particular  the  expected  costs 

and benefits; 

(v) 

an  indication  of  the  environmental  protection  measures  taken,  and  their  cost, 
including compliance with the polluter-pays principle. 

5.  On  the  basis  of  the  results  of  monitoring,  and  taking  account  of  the  comments  of  the 
monitoring committee, the Commission shall adjust the amounts and conditions for granting 
assistance  as  initially  approved,  as  well  as  the  financing  plan  envisaged,  if  necessary  on  a 
proposal by the Member States. 

(cid:208) 1164/94 

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The  decision  granting  assistance  shall  include  appropriate  arrangements  for  making  the 
modifications, differentiating between them on the basis of their nature and importance. 

(cid:208) 1265/1999 Art. 1 point 6 

(cid:208) 1164/94 

6. For the greater effectiveness of the Fund, the Commission shall ensure that when the Fund 
is administered particular attention is paid to transparency of management. 

7.  The  monitoring  arrangements  shall  be  laid  down  in  the  Commission  decisions  approving 
the projects. 

Article G 

Checks 

(cid:208) 1265/1999 Art. 1 point 7 

1.  The  Commission  and  the  Member  State  shall  on  the  basis  of  bilateral  administrative 
arrangements co-operate to co-ordinate plans, methods and implementation of checks so as to 
maximise the usefulness of those carried out. They shall immediately exchange the results of 
the checks carried out. At least once a year the following shall be examined and evaluated: 

(a) 

(b) 

(c) 

the results of the checks carried out by the Member State and the Commission; 

any comments made by other national or Community control bodies or institutions; 

the  financial  impact  of  the  irregularities  noted,  the  steps  already  taken  or  still 
required to correct them and, where necessary, adjustments to the management and 
control systems. 

Following this examination and evaluation and without prejudice to the measures to be taken 
immediately by the Member State under Article H, the Commission may make observations, 
particularly regarding the financial impact of  any irregularities detected. These observations 
shall be addressed to the Member State and the designated authority of the project concerned. 
The observations shall be accompanied, where necessary, by requests for corrective measures 
to  remedy  the  management  shortcomings  found  and  correct  those  irregularities  detected 
which  have  not  already  been  corrected.  The  Member  State  shall  have  the  opportunity  to 
comment on these observations. 

Where following or in the absence of comments of the Member State the Commission adopts 
conclusions,  the  Member  State  shall  take  the  necessary  steps  within  the  deadline  set  to 
comply with the Commission's request and inform the Commission of its actions. 

2.  Without  prejudice  to  this  Article,  the  Commission  may  suspend  all  or  part  of  an  interim 
payment  if  it  finds  that  the  expenditure  concerned  is  linked  to  a  serious  irregularity.  The 

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Commission shall inform the Member State concerned of the action taken and the reasons for 
it. 

3.  For  a  period  of  three  years,  unless  otherwise  decided  in  the  bilateral  administrative 
arrangements, following the payment by the Commission of the final balance in respect of a 
project, the responsible body and authorities shall keep available for the Commission all the 
supporting documents (either the originals or versions certified to be in conformity with the 
originals  on  commonly  accepted  data  carriers)  regarding  expenditure  and  checks  on  the 
project concerned. 

This  period  shall  be  interrupted  either  in  the  case  of  legal  proceedings  or  at  the  duly 
substantiated request of the Commission. 

(cid:208) 1164/94 

Article H 

(cid:208) 1265/1999 Art. 1 point 8 

Financial corrections 

1. If, after completing the necessary verifications, the Commission concludes that: 

(a) 

the  implementation  of  a  project  does  not  justify  either  part  or  the  whole  of  the 
assistance granted to it, including a failure to comply with one of the conditions in 
the decision to grant assistance and in particular any significant change affecting the 
nature  or  conditions  of  implementation  of  the  project  for  which  the  Commission's 
approval has not been sought; or 

(b) 

there is an irregularity with regard to assistance from the Fund and that the Member 
State concerned has not taken the necessary corrective measures, 

the Commission shall suspend the assistance in respect of the project concerned and stating its 
reason, request that the Member State submits its comments within a specified period of time. 

If the Member State objects to the observations made by the Commission, the Member State 
shall be invited to a hearing by the Commission, in which both sides make efforts to reach an 
agreement about the observations and the conclusions to be drawn from them. 

2.  At  the  end  of  the  period  set  by  the  Commission,  the  Commission  shall,  subject  to  the 
respect of due procedure, if no agreement has been reached within three months, taking into 
account any comments made by the Member State, decide to: 

(a) 

(b) 

reduce the payment on account referred to in Article D(2); or 

make the financial corrections required. This shall mean cancelling all or part of the 
assistance granted to the project. 

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These  decisions  shall  respect  the  principle  of  proportionality.  The  Commission  shall,  when 
deciding the amount of a correction, take account of the type of irregularity or change and the 
extent  of  the  potential  financial  impact  of  any  shortcomings  in  the  management  or  control 
systems. Any reduction or cancellation shall give rise to recovery of the sums paid. 

3. (cid:206)1 Any sum received unduly and to be recovered shall be paid to the Commission. Interest 
on account of late repayment shall be charged in accordance with the rules to be adopted by 
the Commission. (cid:205) 

(cid:208) 1164/94 
(cid:206)1 1265/1999 Art. 1 point 8 

4. The Commission shall lay down the detailed rules for implementing paragraphs 1 to 3 and 
shall inform the Member States and the European Parliament thereof. 

(cid:208) 1265/1999 Art. 1 point 8 

(cid:208) 1164/94 (adapted) 
(cid:206)1 1265/1999 Art. 1 point 9 

Article I 

Public contracts 

In the context of the application of Community rules on the award of public contracts, notices 
sent for publication in the Official Journal of the European Union shall specify those projects 
for which Community assistance has been applied for or granted. 

Article J 

Information 

The information to be given in the annual report provided for in Article 14 shall be as set out 
in the ⌦ Appendix ⌫ to this Annex. 

The Commission shall be responsible for organising an information meeting with the Member 
States every six months. (cid:206)1 At this meeting the Commission shall inform the Member States 
in particular of the relevant subjects for the annual report and its actions and decisions taken. 
The  Commission  shall  send  the  Member  States  the  appropriate  documents  in  good  time 
before the meeting is held. (cid:205) 

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Article K 

Review 

If necessary, in the light of experience gained, the Council may, acting by a qualified majority 
on a proposal from the Commission and after consulting the European Parliament, amend the 
provisions of this Annex. 

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⌦ Appendix ⌫ to Annex II 

The annual report shall provide information on the following: 

1. 

financial assistance committed and paid by the Fund, with an annual breakdown by 
Member State and by type of project (environment or transport); 

the economic and social impact of the Fund in the Member States and on economic 
and social cohesion in ⌦ the Community ⌫ , including the impact on employment; 

(cid:208) 1265/1999 Art. 1 point 10 
(adapted) 

(cid:208) 1164/94 (adapted) 

to  fulfil 

summary of information on the programmes implemented in the beneficiary Member 
States 
in 
the  conditions  of  economic  convergence 
Article ⌦ 104 ⌫  of  the  Treaty  and  on  the  application  of  Article  6  of  this 
Regulation; 

referred 

to 

information  on  the  conclusions  drawn  by  the  Commission,  with  regard  to  the 
suspension  of  financing,  from  decisions  taken  by  the  Commission,  such  as  those 
mentioned in Article 6; 

to 

the contribution which the Fund has made to the efforts of the beneficiary Member 
States 
to  strengthen 
trans-European transport infrastructure networks; the balance between projects in the 
field of the environment and projects relating to transport infrastructure; 

implement  Community  environment  policy  and 

assessment of the compatibility of operations of the Fund with Community policies, 
including those concerning environmental protection, transport, competition and the 
award of public contracts; 

the  measures  taken  to  ensure  co-ordination  and  consistency  between  projects 
financed by the Fund and measures financed with contributions from the Community 
budget, the ⌦ EIB ⌫ and the other financial instruments of the Community; 

the  investment  efforts  of  the  beneficiary  Member  States  in  the  fields  of 
environmental protection and transport infrastructure; 

the  preparatory  studies  and  technical  support  measures  financed,  including  a 
specification of the types of such studies and measures; 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

the results of appraisal, monitoring and evaluation of projects, including information 
on any adjustment of projects to accord with the results of appraisal, monitoring and 
evaluation; 

11. 

the contribution of the EIB to the evaluation of projects; 

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12. 

summary of information on the results of checks carried out, irregularities found and 
administrative and judicial proceedings in progress. 

_____________ 

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(cid:207) 

ANNEX III 

Part A 

Repealed Regulation and its amending Regulations 

Council Regulation (EC) No 1164/94 

(OJ L 130, 25.5.1994, p. 1) 

Council Regulation (EC) No 1264/1999 

(OJ L 161, 26.6.1999, p. 57) 

Council Regulation (EC) No 1265/1999 

(OJ L 161, 26.6.1999, p. 62) 

2003 Act of Accession 

Part B 

Non-repealed amending Act 

_____________ 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EC) No 1164/94 

This Regulation 

Article 1(1) and (2) 

Article 1(1) and (2) 

Article 1(3) introductory wording 

Article 1(3) introductory wording 

Article 1(3), first indent 

Article 1(3), second indent 

Article 1(3), third indent 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 1(3)(a) 

Article 1(3)(b) 

Article 1(3)(c) 

Article 2(1) 

— 

Article 2(2) 

Article 2(4), first and second subparagraphs 

Article 2(3), first and second subparagraphs 

Article 2(4), third subparagraph 

Article 2(2) first sentence 

Article 2(5) 

Article 2(6) 

Article 2(4) 

Article 2(5) 

Article 3(1) introductory wording 

Article 3(1) introductory wording 

Article 3(1), first indent 

Article 3(1), second indent 

Article 3(1)(a) 

Article 3(1)(b) 

Article 3(2) introductory wording 

Article 3(2) introductory wording 

Article 3(2), first indent 

Article 3(2), second indent 

Article 3(2)(a) 

Article 3(2)(b) 

Article 3(2), second indent, point (a) 

Article 3(2)(b)(i) 

Article 3(2), second indent, point (b) 

Article 3(2)(b)(ii) 

Article 3(2), second indent, point (c) 

Article 3(2)(b)(iii) 

Article 4, first subparagraph 

Article 4, second subparagraph 

EN 

— 

— 

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Article 4, third subparagraph 

Article 4, first subparagraph 

Article 4, fourth subparagraph 

Article 4, second subparagraph 

Article 4, fifth subparagraph 

Article 4, third subparagraph 

Article 4, sixth subparagraph 

Article 4, fourth subparagraph 

Article 4, seventh subparagraph 

Article 4, fifth subparagraph 

Articles 5 and 6 

Article 7(1) 

Articles 5 and 6 

Article 7(1) 

Article 7(2) first subparagraph 

Article 7(2) first subparagraph 

Article 7(2) second subparagraph 
introductory wording 

Article 7(2) second subparagraph 
introductory wording 

Article 7(2), second subparagraph first indent  Article 7(2) second subparagraph (a) 

Article 7(2), second subparagraph second 
indent 

Article 7(2) second subparagraph (b) 

Article 7(3) and (4) 

Articles 8 and 9 

Article 10(1) to (4) 

Article 7(3) and (4) 

Articles 8 and 9 

Article 10(1) to (4) 

Article 10(5) introductory wording 

Article 10(5) introductory wording 

Article 10(5), first indent 

Article 10(5), second indent 

Article 10(5), third indent 

Article 10(5), fourth indent 

Article 10(5), fifth indent 

Article 10(5)(a) 

Article 10(5)(b) 

Article 10(5)(c) 

Article 10(5)(d) 

Article 10(5)(e) 

Article 10(6) and (7) 

Article 10(6) and (7) 

Articles 11 to 13 

Article 14(1) 

Articles 11 to 13 

Article 14(1) 

Article 14(2), first subparagraph introductory 
wording 

Article 14(2), first subparagraph 
introductory wording 

Article 14(2), first subparagraph first indent   Article 14(2) first subparagraph (a) 

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Article 14(2), first subparagraph second 
indent 

Article 14(2) first subparagraph (b) 

Article 14(2) second and third subparagraphs  Article 14(2) second and third 

Article 14(3) 

Article 15 

Article 16(1) 

Article 16(2) 

Article 16(3) 

Article 16(4) 

Article 16a 

— 

Article 17 

Annex I 

Annex II 

Article A 

Article B(1) 

subparagraphs 

Article 14(3) 

Article 15 

Article 16(1) 

— 

Article 16(2) 

Article 16(3) 

Article 17 

Article 18 

Article 19 

Annex I 

Annex II 

Article A 

Article B(1) 

Article B(2), introductory part 

Article B(2), introductory part 

Article B(2), first indent 

Article B(2), second indent 

Article C 

Article D(1) 

Article B(2)(a) 

Article B(2)(b) 

Article C 

Article D(1) 

Article D(2) introductory wording 

Article D(2) introductory wording 

Article D(2)(a) 

Article D(2)(a) 

Article D(2)(b), first indent 

Article D(2)(b)(i) 

Article D(2)(b), second indent 

Article D(2)(b)(ii) 

Article D(2)(b), third indent 

Article D(2)(b)(iii) 

Article D(2)(b), fourth indent 

Article D(2)(b)(iv) 

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Article D(2)(b), fifth indent 

Article D(2)(b)(v) 

Article D(2)(c) 

Article D(2)(c) 

Article D(2)(d), introductory wording 

Article D(2)(d), introductory wording 

Article D(2)(d), first indent 

Article D(2)(d)(i) 

Article D(2)(d), second indent 

Article D(2)(d)(ii) 

Article D(2)(d), third indent 

Article D(2)(d)(iii) 

Article D(2)(d), fourth indent 

Article D(2)(d)(iv) 

Article D(2)(d), fifth indent 

Article D(2)(d)(v) 

Article D(2)(d), sixth indent 

Article D(2)(d)(vi) 

Article D(3) and (4) 

Article D(3) and (4) 

Article D(4a) 

Article D(5) 

Article D(6) 

Article D(7) 

Article E 

Article F(1) 

Article D(5) 

Article D(6) 

Article D(7) 

Article D(8) 

Article E 

Article F(1) 

Article F(2) introductory part 

Article F(2) introductory part 

Article F(2), first indent 

Article F(2), second indent 

Article F(3) 

Article F(2)(a) 

Article F(2)(b) 

Article F(3) 

Article F(4) first subparagraph 

Article F(4) first subparagraph 

Article F(4) second subparagraph 
introductory wording 

Article F(4) second subparagraph 
introductory wording 

Article F(4) second subparagraph (a)-(c) 

Article F(4) second subparagraph (a)-(c) 

Article F(4) second subparagraph (d) 
introductory wording 

Article F(4) second subparagraph 
introductory wording 

Article F(4) second subparagraph (d), first 
indent 

Article F(4) second subparagraph (d)(i) 

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Article F(4) second subparagraph (d), second 
indent 

Article F(4) second subparagraph (d)(ii) 

Article F(4) second subparagraph (d), third 
indent 

Article F(4) second subparagraph (d)(iii) 

Article F(4) second subparagraph (d), fourth 
indent 

Article F(4) second subparagraph (d)(iv) 

Article F(4) second subparagraph (d), fifth 
indent 

Article F(4) second subparagraph (d)(v) 

Article F(5)-(7) 

Articles G – K 

Article F(5)-(7) 

Articles G – K 

Annex to Annex II 

Appendix to Annex II 

— 

— 

Annex III 

Annex IV 

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