Regulation (EC) No 1692/2006 of the European Parliament and of the Council of 24 October 2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) and repealing Regulation (EC) No 1382/2003   (Text with EEA relevance)
Date: 2006-10-24
Institutions: Council of the European Union, European Parliament
Subjects: EU financing, EU programme, carriage of goods, combined transport, eligibility criteria, financial aid, reduction of gas emissions, trans-European network, transport network

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 1692/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 24 October 2006

establishing the second ‘Marco Polo’ programme for the granting of Community financial assistance
to improve the environmental performance of the freight transport system (Marco Polo II) and
repealing Regulation (EC) No 1382/2003

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 71(1) and 80(2) thereof,

Network. A market-driven funding programme for inter-
modality is a central instrument to further develop inter-
modality and should specifically support the set-up of
Motorways of the Sea, ensuring, inter alia, an improve-
ment in economic, social and territorial cohesion, and in
rail and inland waterway transport.

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

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

Whereas:

(1)

The Commission White Paper on the Common Transport
Policy of September 2001 stresses the development of
intermodality as a practical and effective means to achieve
a balanced transport system, and proposes not only the
development of Motorways of the Sea, high-quality inte-
grated intermodal maritime options, but also the more
intensive use of rail and inland waterway transport as key
elements in this strategy. At its meeting in Gothenburg on
15 and 16 June 2001 the European Council declared that
shifting the balance between the modes of transport is
at the heart of the sustainable development strategy.
Furthermore, at its meeting in Barcelona on 15 and
16 March 2002 the European Council stressed the neces-
sity of reducing congestion in the traffic bottlenecks in
several regions, mentioning in particular the Alps, the
Pyrenees and the Baltic Sea – an indication that the mari-
time lines of the Motorways of the Sea are an integral
and important part of the Trans-European Transport

(1) OJ C 234, 22.9.2005, p. 19.
(2) Opinion of the European Parliament of 17 May 2006 (not yet pub-
lished in the Official Journal) and Decision of the Council of 12 Octo-
ber 2006.

(2)

(3)

(4)

If no decisive action is taken, total road freight transport
in Europe is set to grow by more than 60 % by 2013. The
effect would be an estimated growth in international
road freight for the period 2007 to 2013 of 20,5 billion
tonne-kilometres per year for the 25 Member States of the
European Union, with negative consequences in terms of
additional road infrastructure costs, accidents, congestion,
local and global pollution, the reliability of the supply
chain and of
logistics processes and environmental
damage.

In order to cope with this growth in road freight trans-
port, short sea shipping, rail and inland waterways must
be used even more than today, and it is necessary to stimu-
late further powerful initiatives from the transport and
logistics sector, for instance the development of technical
innovations in rolling stock, to decrease road congestion.

established

programme

by Regulation

The
(EC)
No 1382/2003 of the European Parliament and of the
Council of 22 July 2003 on the granting of Community
financial assistance to improve the environmental perfor-
mance of the freight transport system (the Marco Polo Pro-
gramme) (3) should therefore be enhanced by new actions,
aimed at an actual reduction in international road trans-
port. The Commission therefore has proposed a stronger
programme, hereinafter referred to as the ‘Marco Polo II
Programme’, or ‘the Programme’, to enhance intermodal-
ity, reduce road congestion and improve the environmen-
tal performance of the freight transport system within the
Community. To achieve this objective, the Programme
should support actions in the freight transport, logistics

(3) OJ L 196, 2.8.2003, p. 1. Regulation as amended by Regulation (EC)

No 788/2004 (OJ L 138, 30.4.2004, p. 17).

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and other relevant markets, taking into account the needs
of small and medium-sized enterprises (SMEs). It should
help to shift at least the expected aggregate increase in
international road freight traffic, but preferably more, to
short sea shipping, rail and inland waterway transport or
to a combination of modes of transport in which road
journeys are as short as possible. The Marco Polo Pro-
gramme established by Regulation (EC) No 1382/2003
should therefore be replaced.

The Marco Polo II Programme features different types of
action which should contribute to a measurable and sus-
tained modal shift and better cooperation in the inter-
modal market.
the
Marco Polo II Programme should also contribute to an
actual reduction in international road freight transport.

Furthermore,

actions

under

Actions to be funded under the Marco Polo II Programme
should be international in geographic scope. In order to
reflect the European dimension of the actions, projects
should be submitted by undertakings established in differ-
ent countries, in the form of a consortium submitting an
action. Public law entities should be entitled to participate
in such a consortium, when engaging in economic activi-
ties, in accordance with their national laws.

Applicants should be able to submit new or, where appro-
priate, existing projects which best match current market
needs. Suitable projects, in particular those taking into
account the needs of SMEs, should not be discouraged by
any over-rigid definition of eligible actions.

There may be cases in which the benefits of developing
an existing service are at least equal in terms of additional
modal shift, quality and environmental and viability
advantages to those of starting up a new service involving
considerable expense.

To be transparent, objective and clearly delimited, aid for
the launch of modal shift actions, for example, should be
based on cost savings for society brought about by the use
of short sea shipping, rail and inland waterway transport
instead of road transport alone. For this reason, this Regu-
lation should provide for an indicative amount of finan-
cial assistance by reference to tonne-kilometres of road
freight shifted.

(5)

(6)

(7)

(8)

(9)

(10)

financial

Community
assistance based on tonne-
kilometres shifted from road to short sea shipping, rail
or inland waterways or based on the avoidance of tonne-
kilometres or vehicle-kilometres of road freight should be
adjustable so as to reward high quality projects or projects
demonstrating a real environmental benefit.

(11)

Special attention should also be paid to sensitive and met-
ropolitan areas within the geographic scope of the Pro-
gramme when allocating funding.

(12)

The results of all actions of the Programme should be
adequately disseminated, in order to ensure publicity and
transparency and the exchange of best practices.

(13) During the selection procedure and during the lifetime of
actions, it is necessary to ensure that the actions chosen
make real contributions to the common transport policy
and do not cause distortions of competition contrary to
the common interest. The Commission should therefore
evaluate the implementation of both Programmes.
It
the evaluation report on the results
should present
achieved by the Marco Polo Programme for the period
2003 to 2006 not later than 30 June 2007.

(14) Actions should not cause distortions of competition, in
particular, between modes of transport other than road
transport or within each alternative mode, to an extent
contrary to the common interest. Special care should be
taken to avoid such distortions, so that actions contribute
to shifting freight from road transport to alternative
modes, rather than withdrawing freight from an existing
rail, short sea shipping or inland waterway service.

(15)

(16)

(17)

Since the objective of the Marco Polo II Programme can-
not be sufficiently achieved by the Member States and can
therefore, by reason of the scope of the Programme, be
better achieved at Community level, the Community may
adopt measures in accordance with the principle of sub-
sidiarity as set out in Article 5 of the Treaty. In accor-
dance with the principle of proportionality, as set out in
that Article, this Regulation does not go beyond what is
necessary in order to achieve that objective.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (1).

This Regulation lays down for the entire duration of the
Programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Interin-
stitutional Agreement between the European Parliament,
the Council and the Commission on budgetary discipline
and sound financial management (2), for the budgetary
authority during the annual budgetary procedure.

(1) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(2) OJ C 139, 14.6.2006, p. 1.

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(18)

In order to safeguard the continuity and transparency of
the Marco Polo Programme, transitional provisions should
be laid down concerning contracts and the selection
procedure,

(c)

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes a financing instrument, hereinafter
referred to as ‘the Marco Polo II Programme’ or ‘the Programme’
in order to reduce congestion, to improve the environmental per-
formance of the transport system and to enhance intermodal
transport, thereby contributing to an efficient and sustainable
transport system which provides EU added value without having
a negative impact on economic, social or territorial cohesion.
The duration of the Programme shall be from 1 January 2007 to
31 December 2013 in order to achieve, by the end of the Pro-
gramme, a traffic shift that is a substantial part of the expected
yearly aggregate increase in international road freight traffic, mea-
sured in tonne-kilometres, to short sea shipping, rail and inland
waterway transport or to a combination of modes of transport
in which road journeys are as short as possible.

‘Motorways of the Sea action’ means any innovative action
directly shifting freight from road to short sea shipping or a
combination of short sea shipping with other modes of
transport in which road journeys are as short as possible;
actions of this kind may include the modification or cre-
the ancillary infrastructure required in order
ation of
to implement a very large-volume, high-frequency inter-
modal maritime transport service, including, preferably, the
use of the most environmentally-friendly transport modes,
for hinterland
such as
freight transport and integrated door-to-door services; if pos-
sible, the resources of the outermost regions should also be
integrated;

inland waterways

and rail,

(d)

‘modal shift action’ means any action directly, measurably,
substantially and immediately shifting freight from road to
short sea shipping, rail, inland waterways or a combination
of modes of transport in which road journeys are as short
as possible, without being a catalyst action; this includes,
where appropriate, actions where modal shift is brought
about by the development of an existing service; the Com-
mission shall examine the possibility of supporting ancillary
infrastructure projects;

(e)

‘traffic avoidance action’ means any innovative action inte-
grating transport into production logistics to avoid a large
percentage of freight transport by road without adversely
affecting production output or workforce; actions of this
kind may include the modification or creation of ancillary
infrastructure and equipment;

Article 2

Definitions

(f)

‘common learning action’ means any action aimed at
improving cooperation for structurally optimising working
methods and procedures in the freight transport chain, tak-
ing into account the requirements of logistics;

For the purposes of this Regulation, the following definitions
shall apply:

(g)

‘innovative action’ means any action which features elements
which have hitherto not existed in a given market;

(a)

(b)

‘action’ means any project executed by undertakings which
contributes to reducing congestion in the road freight trans-
port system and/or to improving the environmental perfor-
mance of the transport system in the territories of the
Member States or participating countries; catalyst actions,
modal shift actions and common learning actions may com-
prise several coordinated projects;

‘catalyst action’ means any innovative action aimed at over-
coming significant structural barriers in the Community
freight transport market which impede the efficient func-
tioning of the markets, the competitiveness of short sea ship-
ping, rail, or inland waterway transport, and/or the efficiency
of transport chains making use of these modes, including
the modification or creation of ancillary infrastructure; for
the purpose of this definition, such structural barriers shall
mean any non-regulatory,
factual and non-temporary
impediment to the proper functioning of the freight trans-
port chain;

(h)

‘ancillary infrastructure’ means the necessary and sufficient
infrastructure to achieve the goals of actions,
including
freight-passenger installations;

(i)

‘accompanying measure’ means any measure which seeks to
prepare for or to support current or future actions, includ-
ing dissemination activities and project monitoring and
evaluation, and the collection and analysis of statistical data;
measures devoted to the commercialisation of products, pro-
cesses or services, marketing activities and sales promotion
are not accompanying measures;

(j)

‘preparatory measure’ means any measure taken in prepara-
tion for a catalyst, Motorways of the Sea or traffic avoid-
ance action, such as technical, operational or financial
feasibility studies and equipment tests;

(k)

(l)

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‘undertaking’ means any entity engaged in an economic
activity, regardless of the legal status of the entity and the
way in which it is financed;

may in the case of a transport link with a close third country, in
exceptional cases, be submitted by a single undertaking estab-
lished in a Member State.

‘consortium’ means any arrangement by which at least two
undertakings execute together and share the risk relating to
an action;

(m) ‘tonne-kilometre’ means the transport of a tonne of freight,
or its volumetric equivalent, over a distance of one kilometre;

2.
Undertakings established outside the participating countries
referred to in Article 3(3) and (4) may be associated with a
project, but may under no circumstances receive Community
funding under the Programme.

(n)

‘vehicle-kilometre’ means the movement of a truck, loaded
or empty, over a distance of one kilometre;

Article 5

Eligible actions and funding conditions

(o)

‘close third country’ means any country not a member of
the European Union with a common border with the Euro-
pean Union or with a coastline on a closed or semi-closed
sea neighbouring the European Union.

The following actions shall be eligible for funding under

1.
the Programme:

Article 3

Scope

(a)

catalyst actions; those aimed at improving synergies in the
rail, inland waterways and short sea shipping, including
Motorways of the Sea, sectors by better use of existing infra-
structures in particular deserve specific attention;

1.

The Programme shall cover actions:

(a)

involving the territory of at least two Member States,

or

(b)

involving the territory of at least one Member State and the
territory of a close third country.

2. Where an action involves the territory of a third country,
costs arising in the territory of that country shall not be covered
by the Programme, except in the circumstances set out in para-
graphs 3 and 4.

The Programme shall be open to participation by coun-
3.
tries which are candidates for accession to the European Union.
Participation shall be governed by the conditions laid down in
the Association Agreements with those countries, and on the
basis of the rules laid down in the decision of the Association
Council for each country concerned.

4.
The Programme shall also be open to participation by EFTA
and EEA countries and close third countries, on the basis of
supplementary appropriations in accordance with procedures to
be agreed with those countries.

CHAPTER II

ELIGIBLE APPLICANTS AND ACTIONS

Article 4

Eligible applicants

(b) Motorways of the Sea actions; within the European Union
such actions shall use the trans-European networks defined
in Decision No 1692/96/EC of the European Parliament
and Council of 23 July 1996 on Community guidelines for
the
transport
network (1);

trans-European

development

the

of

(c) modal shift actions;

(d)

traffic avoidance actions;

(e)

common learning actions.

2.
The specific funding conditions and other requirements for
the various actions are set out in Annex I. The funding condi-
tions
for ancillary infrastructures within the meaning of
Article 2(h) are set out in Annex II.

3.
Community financial assistance shall be based on contracts
to be negotiated by the Commission and the beneficiary. The
terms and conditions of those contracts shall, as far as possible,
keep financial and administrative burdens to a minimum, for
example by facilitating business-friendly bank guarantees, as con-
templated by applicable rules and regulations, especially Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on
the Financial Regulation applicable to the general budget of the
European Communities (2), so as to achieve maximum adminis-
trative efficiency and flexibility.

1.
Actions shall be submitted by a consortium of two or more
undertakings, established in at least two different Member States
or in at least one Member State and one close third country, or

(1) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision
No 884/2004/EC (OJ L 167, 30.4.2004, p. 1, as corrected in
OJ L 201, 7.6.2004, p. 1).
(2) OJ L 248, 16.9.2002, p. 1.

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4. Without prejudice to the overall policy objectives referred
to in Article 1, annual priorities in the call for applications relat-
ing to catalyst actions and common learning actions shall be
established and,
if necessary, reviewed, by the Commission,
assisted by the Committee referred to in Article 10 and in accor-
dance with the procedure referred to in Article 10(2).

Article 6

Detailed rules

Detailed rules concerning the procedure for submission and selec-
tion of actions under the Programme shall be adopted in accor-
dance with the procedure referred to in Article 10(2).

(c)

the contribution of the actions to reducing road congestion;

(d)

the relative environmental merits of the actions, including
their contribution to reducing negative environmental effects
caused by short sea shipping, rail and inland waterway trans-
port. Specific attention will be paid to projects going beyond
legally binding environmental requirements;

(e)

the overall sustainability of the actions.

The decision to grant financial assistance shall be adopted in
accordance with the procedure referred to in Article 10(2).

The Commission shall inform the beneficiaries of its decision.

Article 7

State aid

Community financial assistance for the actions covered by the
Programme shall not prevent those actions from being granted
State aid at national, regional or local level, insofar as such aid is
compatible with the State-aid arrangements laid down in the
Treaty and within the cumulative limits established for each type
of action set out in Annex I. The total aid granted in the form of
State aid and Community financial assistance in respect of ancil-
lary infrastructure shall not exceed 50 % of eligible costs.

CHAPTER IV

FINAL PROVISIONS

Article 10

Committee

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

CHAPTER III

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

SUBMISSION AND SELECTION OF ACTIONS

3.

The Committee shall adopt its rules of procedure.

Article 8

Submission of actions

Article 11

Budget

Actions shall be submitted to the Commission in accordance with
the detailed rules issued under Article 6. Submissions shall con-
tain all the information necessary to enable the Commission to
make its selection in accordance with Article 9.

financial

envelope

the
The
Marco Polo II Programme, for the period 1 January 2007 to
31 December 2013, shall be EUR 400 million (1).

implementation of

the

for

Article 9

Selection of actions for financial assistance

Submitted actions shall be evaluated by the Commission. When
selecting actions for financial assistance under the Programme,
the Commission shall take account of the following:

(a)

the objectives referred to in Article 1;

Annual appropriations shall be authorised by the budgetary
authority within the limits of the financial framework.

Article 12

Reserve for accompanying measures and Programme
evaluation

Up to 5 % of the budget provided for in this Regulation shall be
set aside for accompanying measures and independent evalua-
tion of the implementation of Article 5.

(b)

the conditions set out in Annexes I and II, as appropriate;

cal adjustment to take account of inflation.

(1) This amount is based on 2004 figures and shall be subject to techni-

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Article 13

Protection of the European Communities’ financial
interests

1.
The Commission shall ensure that, when actions financed
under this Regulation are implemented, the financial interests of
the European Communities are protected by the application of
preventive measures against fraud, corruption and any other ille-
gal activities, by means of effective checks and the recovery of
any amounts unduly paid and, if irregularities are detected, by
means of effective, proportional and dissuasive penalties,
in
accordance with Council Regulation (EC, Euratom) No 2988/95
of 18 December 1995 on the protection of the European Com-
munities’ financial interests (1), Council Regulation (Euratom, EC)
No 2185/96, of 11 November 1996 concerning on-the-spot
checks and inspections carried out by the Commission in order
to protect the European Communities’ financial interests against
fraud and other irregularities (2), and with Regulation (EC)
No 1073/1999 of the European Parliament and of the Council
of 25 May 1999 concerning investigations conducted by the
European Anti-Fraud Office (OLAF) (3).

2.
For the actions financed under this Regulation, the notion
of irregularity referred to in Article 1 of Regulation (EC, Eura-
tom) No 2988/95 shall mean any infringement of a provision of
Community law or any breach of a contractual obligation result-
ing from an act or omission by an economic operator, which
has, or might have, the effect of prejudicing the general budget
of the European Union or budgets managed by it, by an unjusti-
fied item of expenditure.

3.
Contracts and agreements as well as agreements with par-
ticipating third countries resulting from this Regulation shall pro-
vide in particular for supervision and financial control by
the Commission or any representative authorised by it and audits
by the Court of Auditors, if necessary on-the-spot.

Article 14

Evaluation

1.
The Commission shall inform the Committee at least twice
a year concerning the financial execution of the Programme and
give an update of the status of all actions financed under the Pro-
gramme.

The Commission shall carry out both mid-term and final evalu-
ations of the Programme in order to assess its contribution to
the objectives of Community transport policy and the effective
use made of the appropriations.

2.
The Commission shall present to the European Parliament,
the Council, the European Economic and Social Committee and
the Committee of the Regions an evaluation report on the results
achieved by the Marco Polo Programme for the period 2003
to 2006 by 30 June 2007. If this report reveals a need to adjust
the Marco Polo II Programme, the Commission shall submit pro-
posals accordingly.

Article 15

Repeal

Regulation (EC) No 1382/2003 is hereby repealed, with effect
from 14 December 2006.

Contracts relating to actions within the framework of Regula-
tion (EC) No 1382/2003 shall continue to be governed by that
Regulation until their operational and financial closure. The entire
evaluation and selection procedure for the year 2006 shall also
be governed by Regulation (EC) No 1382/2003, even if that pro-
cedure ends in the year 2007.

Article 16

Entry into force

This Regulation shall enter into force on 14 December 2006.

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

Done at Strasbourg, 24 October 2006.

For the European Parliament
The President
J. BORELL FONTELLES

For the Council
The President
P. LEHTOMÄKI

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

ANNEX I

Funding conditions and requirements according to Article 5(2)

Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

1. Funding
conditions

(a)

the catalyst action will
achieve
objectives
its
within a period of a
maximum of 60 months,
and stay viable after that
period, as forecast by a
realistic business plan;

(a)

the motorways of
the sea (MoS)
action will achieve its objectives
within a period of a maximum of
60 months, and stay viable after that
period, as forecast by a realistic busi-
ness plan;

(a)

the modal shift action will
achieve its objectives within
a period of a maximum of
36 months, and stay viable
after that period, as forecast
by a realistic business plan;

(a)

the traffic avoidance action will achieve
its objectives within a period of a
maximum of 60 months, and stay
viable after that period, as forecast by
a realistic business plan;

(a)

the common learning action
will lead to the improvement
of commercial services in the
market, and in particular pro-
facilitate road
mote and/or
traffic avoidance or modal
shift off the road to short sea
shipping,
inland
waterways, through improv-
ing cooperation and sharing
of know-how; it will last for a
maximum of 24 months;

and

rail

(b)

(b)

catalyst

the
action is
innovative on a Euro-
in terms of
pean level,
technology,
logistics,
equipment,
methods,
products,
infrastructure
or services rendered;

the MoS action is innovative on a
European level, in terms of logistics,
equipment,
technology, methods,
products, infrastructure or services
rendered; account will also be taken
of high quality of service, simplified
procedures and inspections, meeting
safety and security standards, good
access to the ports, efficient hinter-
land connections, and flexible and
efficient port services;

(b)

the modal shift action will
not
lead to distortions of
competition in the relevant
markets,
particular
in
between alternative modes
of transport to road trans-
port alone or within each
mode, contrary to the com-
mon interest;

(b)

the traffic avoidance action is innova-
tive on a European level, in terms of
integration of production logistics into
transport logistics;

(b)

the action is innovative on a
European level;

.

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Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

(c)

(d)

(c)

the modal shift action pro-
poses a realistic plan setting
out
the specific stages by
which it seeks to achieve its
objectives;

(c)

the MoS action aims at encouraging
very large volume, high frequency
intermodal services for freight trans-
port by short sea shipping, including
combined freight-passenger services
as appropriate, or a combination of
short sea shipping with other modes
of transport in which road journeys
are as short as possible; the action
should preferably include integrated
hinterland freight transport services
by rail and/or inland waterways;

(c)

the action will not lead to dis-
tortions of competition in the
relevant markets, in particular
between modes of transport
alternative to road transport
alone or within each mode to
an extent contrary to the com-
mon interest;

the traffic avoidance action aims at
encouraging higher efficiency in inter-
national freight transport in the Euro-
pean markets without
impeding
economic growth by focusing on
modification of the production and/or
distribution processes; thereby achiev-
ing shorter distances, higher loading
factors, less empty runs, reduction of
waste flows,
reduction of volume
and/or weight or any other effect lead-
ing to a significant reduction of freight
traffic on the road, but not adversely
affecting production output or work-
force;

the MoS action is expected to lead to
an actual, measurable and sustain-
able modal shift higher than the pre-
dicted
freight
transport on the road route, from
road to short sea shipping, inland
waterways or rail;

growth

rate

of

(d) when the action requires
reliance on services provided
by third parties not part of
the consortium, the appli-
cant
submits proof of a
transparent, objective and
non-discriminatory proce-
dure for selection of the rel-
evant services;

(d)

the traffic avoidance action is expected
to lead to an actual, measurable and
sustainable traffic avoidance of at least
10 percent of the freight volume mea-
sured in tonnes-kilometres or vehicle-
kilometres;

(d)

the common learning action
proposes a realistic plan set-
ting out the specific stages by
which it seeks to achieve its
objectives and identifies the
need for Commission steering
assistance;

(e)

the MoS action proposes a realistic
plan setting out the specific stages by
which it seeks to achieve its objec-
tives and identifies the need for Com-
mission steering assistance;

(e)

the traffic avoidance action proposes a
realistic plan setting out the specific
stages by which it seeks to achieve its
objectives and identifies the need for
Commission steering assistance;

(c)

(d)

(e)

catalyst

action is
the
expected to lead to an
actual, measurable and
sustainable modal
shift
from road to short sea
inland
shipping,
waterways;

rail,

the catalyst action pro-
poses a realistic plan set-
ting out
specific
the
stages by which it seeks
to achieve its objectives
and identifies the need
for Commission steering
assistance;

the catalyst action will
not lead to distortions of
competition in the rel-
evant markets, in particu-
lar between modes of
transport alternative to
road transport alone or
within each mode, to an
extent contrary to the
common interest;

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Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

(f) when the action requires
reliance on services pro-
vided by third parties not
part of the consortium,
the
submits
proof of a transparent,
non-
objective
discriminatory procedure
for selection of the rel-
evant services;

applicant

and

2. Funding inten-
sity and scope

financial
(a) Community
assistance
catalyst
for
actions shall be limited to
a maximum of 35 % of
the total expenditure nec-
essary to achieve
the
objectives of the action
and incurred as a result of
the action, including pre-
paratory measures and
ancillary
infrastructure.
Such expenditure shall be
eligible for Community
financial assistance, to the
extent to which it relates
directly to the implemen-
tation of the action;

(f)

the MoS action will not lead to dis-
tortions of competition in the rel-
evant markets, in particular between
modes of transport alternative to road
transport alone or within each mode,
to an extent contrary to the common
interest;

(g) when the MoS action requires reli-
ance on services provided by third
parties not part of the consortium,
the applicant submits proof of a
transparent, objective
and non-
discriminatory procedure for selec-
tion of the relevant services;

(a) Community financial assistance for
MoS actions shall be limited to a
maximum of 35 % of
the total
expenditure necessary to achieve the
objectives of the action and incurred
as a result of the action, including
preparatory measures and ancillary
infrastructure. Such expenditure shall
be eligible for Community financial
assistance, to the extent to which it
relates directly to the implementation
of the action;

(a) Community financial assis-
tance for modal shift actions
shall be limited to a maxi-
mum of 35 % of the total
expenditure necessary
to
achieve the objectives of the
action and incurred as a
result of
the action. Such
expenditure shall be eligible
for Community
financial
assistance to the extent to
which it relates directly to
the implementation of the
action;

(f)

the traffic avoidance action will not
lead to distortions of competition in
the relevant markets, in particular con-
cerning modes of transport alternative
to road transport, to an extent contrary
to the common interest;

(g) When the traffic avoidance action
requires reliance on services provided
by third parties not part of the consor-
tium, the applicant submits proof of a
transparent,
non-
objective
discriminatory procedure for selection
of the relevant services;

and

(a) Community financial assistance for
traffic avoidance actions shall be lim-
ited to a maximum of 35 % of the total
expenditure necessary to achieve the
objectives of the action and incurred
as a result of the action, including pre-
paratory measures and ancillary infra-
structure
Such
expenditure shall be eligible for Com-
munity financial assistance,
to the
extent to which it relates directly to the
implementation of the action;

equipment.

and

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necessary

(a) Community financial assis-
tance for common learning
actions shall be limited to a
maximum of 50 % of the total
expenditure
to
achieve the objectives of the
action and incurred as a result
of the action. Such expendi-
ture shall be eligible for Com-
munity financial assistance, to
the extent to which it relates
directly to the implementation
of the action;

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Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

the

shall

under

eligible

submission of
the

Expenditure incurred on or after the
date of
an
selection
application
be
procedure
for
assistance
financial
Community
for
final
provided that
Community funding is given. A
contribution towards the costs of
movable assets shall be contingent on
the obligation to use such assets for the
duration of the assistance, principally
for the action, as defined by the
subsidy agreement;

approval

that

of
under

Expenditure incurred on
or after the date of the
an
submission
application
the
selection procedure shall
be eligible for Community
assistance
financial
provided
final
approval for Community
funding
given. A
contribution towards the
costs of movable assets
shall be contingent on the
obligation to use such
assets for the duration of
the assistance, principally
for the action, as defined
by the subsidy agreement;

is

the

incurred
the date of

on
Expenditure
or after
the
submission of an application
under
selection
procedure shall be eligible
financial
for Community
assistance provided that final
for Community
approval
A
funding
given.
is
contribution towards
the
costs of movable assets shall
the
be
obligation to use such assets
for
the
the duration of
assistance, principally for the
action, as defined by the
subsidy agreement;

contingent

on

of

of

the

the

shall

under

eligible

submission

be
financial
final

Expenditure incurred on or after the
an
date
selection
application
for
procedure
assistance
Community
for
provided that
funding is given. A
Community
contribution towards
the costs of
movable assets shall be contingent on
the obligation to use such assets for the
duration of the assistance, principally
for the action, as defined by the subsidy
agreement;

approval

Expenditure incurred on or
after the date of the submission
of an application under the
selection procedure shall be
eligible
Community
financial assistance provided
that
for
Community funding is given;

approval

final

for

(b) The funding conditions
for ancillary infrastruc-
in
are
ture
Annex II;

set out

(b) The Community financial assistance,
except for preparatory measures and
ancillary infrastructure, determined
by the Commission on the basis of
the tonne-kilometres shifted from
road to short sea shipping,
rail,
inland waterways, shall initially be
set at EUR 1 for each shift of
500 tonne-kilometres of road freight.
This indicative amount could be
adjusted, in particular, in accordance
with the quality of the project or the
real environmental benefit obtained;

(b) The Community financial
assistance, except for ancil-
infrastructure, deter-
lary
mined by the Commission
on the basis of the tonne-
kilometres shifted from road
to short sea shipping, rail,
inland waterways shall ini-
tially be set at EUR 1 for
each shift of 500 tonne-
kilometres of road freight.
This indicative amount could
be adjusted, in particular, in
accordance with the quality
of the project or the real
environmental
benefit
obtained;

(b) Community financial assistance for
traffic avoidance actions must not be
used to support business or produc-
tion activities which bear no direct
relation to transport or distribution;

(c) The Community financial assistance,
except for preparatory measures, ancil-
lary infrastructure and equipment, shall
initially be set at EUR 1 for every
avoidance of 500 tonne-kilometres
or 25 vehicle-kilometres of
road
freight. This indicative amount could
in accor-
be adjusted,
dance with the quality of the project or
the
benefit
real
obtained;

environmental

in particular,

(b) The funding conditions for
ancillary infrastructure: not
applicable;

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Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

(c)

(c)

In accordance with the procedure
referred to in Article 10(2), the Com-
mission may re-examine, from time to
time as necessary, the developments
concerning the items on which this
calculation is based and, if necessary,
the amount of Community
adapt
financial assistance accordingly;

to

In accordance with the pro-
cedure
in
referred
Article 10(2), the Commis-
sion may re-examine, from
time to time as necessary, the
developments
concerning
the items on which this cal-
culation is based and, if nec-
essary, adapt the amount of
Community financial assis-
tance accordingly;

(d)

In accordance with the procedure
referred to in Article 10(2), the Com-
mission may re-examine, from time to
time as necessary, the developments
concerning the items on which this
calculation is based and, if necessary,
the amount of Community
adapt
financial assistance accordingly;

(d) The funding conditions for ancillary
infrastructure are set out in Annex II;

(d) The funding conditions for
ancillary infrastructure, inso-
far as they are applicable, are
set out in Annex II;

(e) The funding conditions for ancillary
infrastructure are set out in Annex II;

Community financial assistance for MoS
actions shall be granted on the basis of
subsidy agreements, with appropriate
provisions for steering and monitoring.
As a rule, the maximum duration of these
agreements shall be 62 months;

Community financial assistance
for modal shift actions shall be
granted on the basis of subsidy
agreements. As a rule, the maxi-
mum duration of these agree-
ments shall be 38 months;

Community financial assistance for traffic
avoidance actions shall be granted on the
basis of subsidy agreements, with appropri-
ate provisions for steering and monitoring.
As a rule, the maximum duration of these
agreements shall be 62 months;

Community financial assistance shall not
be renewable beyond the stipulated maxi-
mum period of 62 months;

The minimum indicative subsidy thresh-
old per MoS action shall be 1,25 bil-
lion tonne-kilometres or its volumetric
equivalent of modal shift or, in propor-
tion to the indicative amount per euro of
financial assistance, EUR 2 500 000;

Community financial assistance
shall not be renewable beyond
the stipulated maximum period
of 38 months;

The minimum indicative subsidy
threshold per modal shift action
shall be 250 million tonne-kilo-
metres or its volumetric equiva-
in
lent of modal
indicative
proportion to the
financial
amount per euro of
assistance, EUR 500 000;

shift or,

Community financial assistance shall not
be renewable beyond the stipulated maxi-
mum period of 62 months;

The minimum indicative subsidy threshold
traffic avoidance action shall be
per
500 million tonne-kilometres or 25 mil-
lion vehicle-kilometres of
traffic
avoided or, in proportion to the indicative
amount per euro of financial assistance,
EUR 1 000 000;

freight

Community financial assistance for
common learning actions shall be
granted on the basis of subsidy
agreements, with appropriate pro-
visions for steering and monitor-
the maximum
ing. As a rule,
duration of these agreements shall
be 26 months;

Community financial assistance
shall not be renewable beyond the
stipulated maximum period of
26 months;

The minimum indicative subsidy
threshold per common learning
action shall be EUR 250 000;

3. Form and
duration of sub-
sidy agreement

4. Contract value
threshold

Community financial assis-
tance for catalyst actions shall
be granted on the basis of
agreements, with
subsidy
appropriate provisions
for
steering and monitoring. As a
rule, the maximum duration
of these agreements shall be
62 months;

Community financial assis-
tance shall not be renewable
beyond the stipulated maxi-
mum period of 62 months;

The minimum indicative sub-
sidy threshold per catalyst
action
be
EUR 2 000 000;

shall

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Type of action

A. Catalyst

B. Motorways of the sea

C. Modal shift

D. Traffic avoidance

E. Common learning

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(1)(d)

Article 5(1)(e)

5. Dissemination

The results and methods of
catalyst actions shall be dis-
seminated, and the exchange
of best practices
shall be
encouraged, as specified in a
dissemination plan, in order
to help achieve the objectives
of this Regulation.

The results and methods of MoS actions
shall be disseminated, and the exchange
of best practices shall be encouraged, as
specified in a dissemination plan, in order
to help achieve the objectives of this
Regulation.

Specific dissemination activities
for modal shift actions are not
foreseen.

The results and methods of traffic avoid-
ance actions shall be disseminated and the
exchange of best practices shall be encour-
aged, as specified in a dissemination plan,
in order to help achieve the objectives of
this Regulation.

The results and methods of com-
mon learning actions shall be dis-
seminated and the exchange of
best practices shall be encouraged,
as specified in a dissemination
plan, in order to help achieve the
objectives of this Regulation.

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24.11.2006

EN

Official Journal of the European Union

L 328/13

ANNEX II

FUNDING CONDITIONS FOR ANCILLARY INFRASTRUCTURE ACCORDING TO ARTICLE 2(H) AND 5(2)

1. Ancillary infrastructure shall be eligible for funding under the Programme provided that the following conditions are

satisfied:

(a)

the action requires infrastructure works for the timely implementation of a transport service shifting freight off
the road, or, avoiding freight traffic on the road;

(b)

the infrastructure works are completed within 24 months from the starting date of the action;

(c)

the transport service or traffic avoidance starts within 3 months from the completion of the infrastructure works;
additionally for traffic avoidance actions the agreed total avoidance is achieved within the duration of the sub-
sidy agreement;

(d)

the respect of relevant Community legislation, in particular concerning the environment.

2.

The maximum duration of the contract established for each type of action referred to in Article 5 may be extended
by the time required to complete the infrastructure works, but in any case not longer than a total period of 74
months.

3. Where funding for infrastructure has been requested under the Programme, funding from other Community pro-
grammes, and specifically funding under Decision No 1692/96/EC, for the same infrastructure item is excluded.