Proposal for a Regulation of the European Parliament and of the Council laying down general rules for the granting of Community financial aid in the field of trans-European networks (codified version)
Date: 2009-04-28
Institutions: European Commission
Subjects: EU aid, aid system, financial aid, telecommunications, trans-European network, transmission network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2009 
COM(2009) 113 final 

2009/0037 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down general rules for the granting of Community financial aid in the field of 
trans-European networks 

(codified version) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2 stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the 
granting  of  Community  financial  aid  in  the  field  of  trans-European  networks3.  The 
new Regulation will supersede the various acts incorporated in it4; this proposal fully 
preserves the content of the acts being codified and hence does no more than bring 
them together with only such formal amendments as are required by the codification 
exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II to this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EC)  No  2236/95  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table set out in Annex III to the codified Regulation. 

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(cid:208) 2236/95 (adapted) 

2009/0037 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down general rules for the granting of Community financial aid in the field of 
trans-European networks 
(codified version) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 156 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules 
for the granting of Community financial aid in the field of trans-European networks4 
has been substantially amended several times5. In the interests of clarity and rationality 
the said Regulation should be codified. 

(cid:208)  

1 
2 
3 
4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 228, 23.9.1995, p. 1.  
See Annex II. 

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(cid:208) 2236/95 Recitals 4 and 6 
(adapted) 

(2) 

Article ⌦ 155 ⌫ of the Treaty provides that the Community shall establish a series 
of guidelines covering the objectives, priorities and broad lines of measures envisaged 
in the sphere of trans-European networks and that it may support the financial efforts 
of the Member States to establish trans-European networks. Under ⌦ that ⌫ Article 
Community aid may be granted to projects of common interest which are identified in 
the framework of the guidelines. 

(3) 

General  rules  should  be  laid  down  for  the  Community  financing  of  trans-European 
networks, thereby permitting implementation of Article ⌦ 155 ⌫. 

(cid:208) 2236/95 Recital 5 (adapted) 

(4) 

Involvement  of  private  capital  funding  trans-European  networks  should  be  increased 
and the partnership between the public and private sectors developed. 

(cid:208) 2236/95 Recital 8 

(5) 

Community aid may take the form in particular of feasibility studies, loan guarantees 
or  interest  subsidies.  These  subsidies  and  guarantees  relate  in  particular  to  financial 
support  from  the  European  Investment  Bank  or  other  public  or  private  financial 
bodies. In certain duly justified cases direct grants to investments may be considered. 

(cid:208) 2236/95 Recital 9 (adapted) 

(6) 

Loan  guarantees  ⌦ should ⌫  be  granted  on  a  commercial  basis  by  the  European 
Investment  Fund  or  by  other  financial  organisations.  Community  financial  aid  may 
cover all or part of the premiums paid by the beneficiaries of these guarantees. 

(cid:208) 2236/95 Recital 10 (adapted) 

(7) 

Community  aid  is  chiefly  intended  to  overcome  any  financial  obstacles  which  may 
arise during the start-up phase of a project. 

(cid:208) 2236/95 Recital 11 

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(8) 

It  is  necessary  to  set  a  limit  for  Community  aid  in  relation  to  the  total  cost  of 
investment. ⌦ However,  a  higher  rate  of  Community  aid  to  promote  completion  of 
the cross-border connections for the priority projects should be provided. ⌫ 

(cid:208) 2236/95 Recital 12 and 
807/2004 Recital 2 (adapted) 

(cid:208) 807/2004 Recital 5 

(9) 

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

(cid:208) 2236/95 Recital 13 (adapted) 

(10)  Community aid ⌦ should ⌫ be granted to projects on the  basis  of  how  much  they 
contribute  to  the  objectives  of  Article  ⌦ 154 ⌫  of  the  Treaty  and  the  other 
objectives and priorities covered by the guidelines referred to in Article ⌦ 155 ⌫ of 
the Treaty. Account should also be taken of other aspects such as the stimulative effect 
on  public  and  private  finance,  the  direct  and  indirect  socio-economic  effects  of 
projects, in particular on employment, and the consequences for the environment. 

(cid:208) 1655/1999 Recital 4 (adapted) 

(11) 

It is appropriate to allow risk capital participation in investment funds with a priority 
focus  on  providing  risk  capital  for  trans-European  network  projects  up  to  1%  of  the 
overall amount for the period 2000 to 2006 in order to gain experience with this form 
of  financing.  This  limit  may  be  increased  up  to  2%  following  a  review  of  the 
functioning  of  this  instrument.  It  is  also  appropriate  to  examine  its  possible  future 
extension. 

(cid:208) 1655/1999 Recital 5 

(12) 

It is desirable, in order to increase transparency and to meet expectations for projects 
or groups of projects having important financial needs for a long period, that indicative 
multiannual  programmes  in  specific  sectors  or  fields  should  be  drawn  up.  Those 
programmes  should  indicate  the  total  and  annual  amount  of  support  which  could  be 
allocated  for  a  given  period  to  such  project  or  groups  of  projects,  and  which  should 
serve  as  a  reference  for  the  annual  decisions  to  grant  financial  aid  within  the  yearly 
budgetary  appropriations,  when  they  conform  to  the  relevant  indicative  multiannual 

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programmes.  However,  the  annual  amounts  indicated  in  these  programmes  do  not 
amount to budgetary commitments. 

(13)  The  Commission  must  carefully  evaluate  the  potential  economic  viability  of  the 
projects, with the help of cost/benefit analyses and other appropriate criteria, as well as 
their financial profitability. 

(cid:208) 2236/95 Recital 14 

(14)  Community financial support under Article ⌦ 155 ⌫(1) ⌦ , third indent, ⌫ of the 
Treaty must be compatible with Community policies, in particular on networks and as 
regards  environmental  protection,  competition  and  the  award  of  public  contracts. 
Environmental protection ⌦ should ⌫ include an environmental impact assessment. 

(cid:208) 2236/95 Recital 15 (adapted) 

(15) 

It is necessary to clarify the respective powers and responsibilities of Member States 
and the Commission with regard to financial control. 

(cid:208) 2236/95 Recital 16 

(16)  The  Commission  must  ensure  proper  coordination  of  all  Community  activities, 
especially  between  financing  under  trans-European  networks,  and  that  of  the 
Structural and Cohesion Funds, of the European Investment Fund and of the European 
Investment Bank, affecting trans-European networks. 

(cid:208) 2236/95 Recital 17 

(17)  Provision should be made for suitable methods of evaluation, follow-up and control of 

Community aid. 

(cid:208) 2236/95 Recital 18 

(18)  There  should  be  suitable  information,  publicity  and  transparency  regarding  the 

activities financed. 

(cid:208) 2236/95 Recital 19 

(19)  Given  the  importance  of  the  trans-European  networks,  it  is  appropriate  to  include 
⌦ in this Regulation ⌫ a financial framework within the meaning of ⌦ point 33 of 
the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the 

(cid:208) 1655/1999 Recital 12 (adapted) 

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Council  and  the  Commission  on  budgetary  discipline  and  improvement  of  the 
budgetary  procedure6 ⌫,  of  EUR 4 600  million  for  its  implementation  for  the 
period 2000 to 2006. 

(20) 

It  is  appropriate  that  the  Council  examines  whether  to  continue  or  to  amend  the 
measures  under  ⌦ this ⌫  Regulation  in  the  light  of  the  comprehensive  report 
submitted by the Commission before the end of 2006. 

(cid:208) 1655/1999 Recital 13 (adapted) 

(21)  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 conferred on the Commission7. 

(cid:208)  

HAVE ADOPTED THIS REGULATION: 

(cid:208) 2236/95 

(cid:208) 2236/95 (adapted) 

Article 1 

Definition and Scope 

This Regulation defines the conditions and procedures for granting Community aid to projects 
of common interest in the field of trans-European networks for transport, telecommunications 
and energy infrastructures under Article ⌦ 155 ⌫(1) ⌦, third indent, ⌫ of the Treaty. 

Article 2 

Eligibility 

Community aid may be granted only to projects of common interest (hereinafter referred to as 
in 
framework  of 
‘projects’) 
Article ⌦ 155 ⌫(1) ⌦, first indent, ⌫ of the Treaty. 

identified  within 

the  guidelines 

referred 

the 

to 

Parts  of  projects  shall  also  be  eligible  in  so  far  as  they  form  technically  and  financially 
independent units. 

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⌦ OJ C 172, 18.6.1999, p. 1. ⌫ 
OJ L 184, 17.7.1999, p. 23.  

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(cid:208) 1655/1999 Art. 1 pt. 3 
(adapted) 

Article 3 

Forms of aid 

1. Community aid for projects may take one or several of the following forms: 

(a) 

(b) 

(c) 

co-financing  of  studies  related  to  projects,  including  preparatory,  feasibility  and 
evaluation  studies,  and  other  technical  support  measures  for  these  studies. 
Community participation may in general not exceed 50% of the total cost of a study. 
⌦ In exceptional, duly substantiated cases, at the initiative of the Commission and 
with  the  consent  of  the  Member  States  concerned,  Community  participation  may 
exceed the limit of 50%; ⌫ 

(cid:208) 1655/1999 Art. 1 pt. 3 
(adapted) 

subsidies of the interest on loans granted by the European Investment Bank or other 
public or private financial bodies. As a general rule, the duration of the subsidy shall 
not exceed five years; 

contributions  towards  ⌦ premiums ⌫  for  ⌦ loan ⌫  guarantees  from  the 
European Investment Fund or other financial institutions; 

(d) 

direct grants to investments in duly justified cases; 

(cid:208) 1655/1999 Art. 1 pt. 3 
(adapted) 

(e) 

risk-capital participation  for investment funds or comparable financial undertakings 
with  a  priority  focus  on  providing  risk  capital  for  trans-European  network  projects 
and  involving  substantial  private-sector  investment;  such  risk-capital  participation 
shall  not  exceed  1%  of  the  budgetary  resources  under  Article  ⌦ 19 ⌫.  In 
accordance with the procedure ⌦ referred  to ⌫ in Article ⌦ 18(2) ⌫, this limit 
may be increased up to 2% as from 2003 in the light of a review, to be presented to 
the European Parliament and the Council by the Commission, of the functioning of 
this  instrument.  ⌦ The  participation  may  be  made  directly  into  the  fund  or 
comparable  financial  undertaking  or  into  an  appropriate  co-investment  vehicle 
managed  by  the  same  fund  managers. ⌫.  Further  modalities  of  implementation  of 
this risk-capital participation are laid down in Annex ⌦ I ⌫. 

⌦ 2.  The ⌫  Community  ⌦ aid  referred  to  in  paragraph  1 ⌫  shall  be  combined  where 
appropriate, in order to maximise the stimulus provided by the budgetary resources deployed, 
which shall be used in the most economical way. 

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⌦ 3. ⌫  The  forms  of  Community  aid  referred  to  ⌦ in  paragraph  1 ⌫  shall  be  used 
selectively  to  take  account  of  the  specific  characteristics  of  the  various  types  of  network 
involved  and  to  ensure  that  such  aid  does  not  cause  distortions  of  competition  between 
undertakings in the sector concerned. 

⌦ 4. ⌫ The funding for transport infrastructure projects throughout the period referred to in 
Article  ⌦ 19  shall ⌫  be  used  in  such  a  way  that  at  least  55%  is  devoted  to  railways 
(including combined transport) and a maximum of 25% to roads. 

⌦ 5. ⌫ The Commission shall specifically promote recourse to private sources of financing 
for projects funded under this Regulation where the multiplier effect of Community financial 
instruments  can  be  maximised  in  public-private  partnerships.  Each  case  shall  be  examined 
individually  by  the  Commission,  with  account  taken  where  appropriate  of  a  possible 
alternative  financed  solely  with  public  resources.  The  support  of  each  Member  State 
concerned shall be required for each project in accordance with the Treaty. 

(cid:208) 2236/95 Art. 5 

Article 4 

Conditions for Community aid 

1.  Community  aid  shall  be  granted,  in  principle,  only  if  achievement  of  a  project  meets 
financial obstacles. 

2.  Community  aid  shall  not  exceed  the  minimum  considered  necessary  for  the  launch  of  a 
project. 

3. Regardless of the form of intervention chosen, the total amount of Community aid under 
this Regulation shall not exceed 10% of the total investment cost. However, the total amount 
of Community aid may exceptionally reach 20% of the total investment cost in the following 
cases: 

(cid:208) 807/2004 Art. 1 pt. 1(a) 

(a) 

(b) 

(c) 

projects  concerning  satellite  positioning  and  navigation  systems,  as  provided  for  in 
Article  17  of  Decision  No  1692/96/EC  of  the  European  Parliament  and  of  the 
Council8; 

priority projects on the energy networks; 

sections  of  the  projects  of  European  interest,  provided  that  the  projects  are  started 
before  2010,  identified  in  Annex  III  to  Decision  No  1692/96/EC  with  the  aim  of 
eliminating bottlenecks and/or filling in missing sections, if such sections are cross 
border  or  cross  natural  barriers,  and  contribute  to  the  integration  of  the  internal 

8 

OJ L 228, 9.9.1996, p. 1.  

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market in an enlarged Community, promote safety, ensure the interoperability of the 
national networks and/or strongly contribute to the reduction of imbalances between 
modes of transport, in favour of the most environment-friendly modes. This rate shall 
be  differentiated  according  to  the  benefits  to  other  countries,  in  particular 
neighbouring Member States. 

In the case of projects of common interest identified in Annex I to Decision No 1336/97/EC 
of the European Parliament and of the Council9, the total amount of Community aid granted 
under this Regulation may reach 30% of the total investment cost. 

(cid:208) 1159/2005 Art. 1 

4.  The  financial  resources  provided  for  under  this  Regulation  shall  not,  in  principle,  be 
assigned  to  projects  or  stages  of  projects  which  benefit  from  other  sources  of  Community 
funding. 

(cid:208) 2236/95 

5. In the case of projects referred to in paragraph 3, within the limits of this Regulation, the 
legal commitment shall be multiannual and the budgetary commitments shall be met in annual 
instalments. 

(cid:208) 807/2004 Art. 1 pt. 1(b) 

(cid:208) 1655/1999 Art. 1 pt. 5 
(adapted) 

Article 5 

Community indicative multiannual programme 

1. Without prejudice to the application of Article 6 and in order to improve the efficiency of 
the Community's action, the Commission may, in accordance with the procedure ⌦ referred 
to ⌫  in  Article  ⌦ 18(2) ⌫,  elaborate  by  sector  an  indicative  multiannual  programme 
(hereinafter ⌦ referred  to  as ⌫  ‘programme’)  on  the  basis  of  the  guidelines  referred  to  in 
Article  155  ⌦ (1) ⌫  of  the  Treaty.  The  programme  will  be  based  on  applications  for 
financial aid under Article 8 and reflect, inter alia, information provided by Member States, in 
particular the information set out in Article 9. 

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OJ L 183, 11.7.1997, p. 12.  

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2.  The  programme  shall  be  composed  exclusively  of  projects  of  common  interest  and/or 
coherent groups of projects of common interest, as previously identified within the framework 
of  the  guidelines  referred  to  in  Article  155(1)  of  the  Treaty,  in  specific  fields  having 
substantial financial needs over a long period. 

(cid:208) 1655/1999 Art. 1 pt. 5 

(cid:208) 1655/1999 Art. 1 pt. 5 
(adapted) 

3. For each project or group of projects the programme will establish the indicative amounts 
for the granting of financial aid subject to the annual decisions of the budgetary authority. No 
more  than  75%  of  the  budgetary  resources  under  Article  ⌦ 19 ⌫  shall  be  used  for  the 
purposes of indicative multiannual programmes. 

4. The programme shall serve as a reference for the annual decisions allocating Community 
aid for projects within the annual budgetary appropriations. The Commission shall regularly 
inform the Committee referred to in Article ⌦ 18(1) ⌫ of the progress of programmes and 
any  decisions  taken  by  the  Commission  in  allocating  Community  aid  for  ⌦ those ⌫ 
projects. The supporting documents accompanying the Commission's preliminary draft budget 
shall  include  a  report  concerning  progress  in  the  implementation  of  each  multiannual 
indicative programme in accordance with Council Regulation (EC, Euratom) No 1605/200210. 

The programme must be reviewed, at least at mid-term or in the light of the effective progress 
of the ⌦ projects ⌫, and if necessary revised, in accordance with the procedure ⌦ referred 
to ⌫ in Article ⌦ 18(2) ⌫. 

The  programme  shall  also  give  an  indication  of  other  sources  of  financing  for  the  projects 
concerned,  in  particular  from  other  Community  instruments  and  the  European  Investment 
Bank. 

(cid:208) 1655/1999 Art. 1 pt. 5 

(cid:208) 1655/1999 Art. 1 pt. 5 
(adapted) 

5. ⌦ If ⌫ substantial changes in the implementation of the ⌦ projects ⌫ take place, the 
Member State concerned ⌦ shall ⌫ inform the Commission without delay. 

Modifications  to  the  indicative  global  amounts  established  by  the  programme  for  the 
⌦ projects ⌫,  which  may  be  necessary  following  these  changes,  shall  be  decided  in 
accordance with the procedure ⌦ referred to in ⌫ Article ⌦ 18(2) ⌫. 

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OJ L 248, 16.9.2002, p. 1. 

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(cid:208) 2236/95 (adapted) 

Article 6 

Project selection criteria 

1. Projects shall be assisted according to their degree of contribution to the objectives set out 
in  Article ⌦ 154 ⌫  of  the  Treaty  and  to  the  other  objectives  and  priorities  defined  in  the 
guidelines referred to in Article ⌦ 155 ⌫(1) of the Treaty. 

(cid:208) 1655/1999 Art. 1 pt. 6 
(adapted) 

⌦ 2. ⌫  In  its  implementation  of  this  Regulation,  the  Commission  shall  ensure  the 
conformity  of  its  decisions  on  granting  Community  aid  with  the  priorities  laid  down  in  the 
guidelines for the different sectors established pursuant to Article 155(1) of the Treaty. This 
shall  include  their  conformity  with  any  requirements  which  may  be  laid  down  in  those 
guidelines in terms of a percentage of total Community aid. 

(cid:208) 2236/95 (adapted) 

⌦ 3. ⌫  Community  aid  shall  be  assigned  to  projects  that  are  potentially  economically 
viable  and  for  which  the  financial  profitability  at  the  time  of  application  is  deemed 
insufficient. 

⌦ 4. ⌫ The decision to grant Community ⌦ aid ⌫ should also take account of: 

(a) 

(b) 

(c) 

(d) 

(e) 

the maturity of the project; 

the stimulative effect of community intervention on public and private finance; 

the soundness of the financial package; 

direct or indirect socio-economic effects, in particular on employment; 

the environmental consequences. 

⌦ 5. ⌫  Especially  in  the  case  of  cross-border  projects,  coordination  of  the  timing  of 
different parts of the project shall also be taken into account. 

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(cid:208) 2236/95 

Article 7 

Compatibility 

The  projects  financed  under  this  Regulation  shall  comply  with  Community  law  and 
Community policies, in particular in relation to environmental protection, competition and the 
award of public contracts. 

(cid:208) 1655/1999 Art. 1 pt. 7 
(adapted) 

Article 8 

Submission of applications for financial aid 

Applications  for  financial  aid  shall  be  submitted  to  the  Commission  by  the  Member  States 
concerned  or,  with  the  agreement  of  the  Member  State(s),  by  the  public  or  private 
undertakings or bodies directly concerned.  

⌦ The Commission shall establish the agreement of the Member States concerned. ⌫ 

(cid:208) 2236/95 

Article 9 

Information required for the assessment and identification of applications 

1.  Each  application  for  financial  aid  shall  include  all  the  information  necessary  for  the 
examination of the project according to Articles ⌦ 4 ⌫, 6 and 7, and in particular: 

(cid:208) 2236/95 (adapted) 

(a) 

if the application concerns a project: 

⌦ (i) ⌫ 

the body responsible for carrying out the project ⌦ ; ⌫ 

⌦ (ii) ⌫ 

a description of the project concerned and the type of Community aid 

envisaged ⌦ ; ⌫ 

⌦ (iii) ⌫ 

the  results  of  the  cost/benefit  analyses,  including  the  results  of  the 
potential economic viability analysis and of the financial profitability analysis 
⌦ ; ⌫ 

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⌦ (iv) ⌫ 

the  position  of  the  project,  according  to  the  guidelines,  in  the  field  of 

transport, on the axes and nodes ⌦ ; ⌫ 

⌦ (v) ⌫ 

consistency with regional planning ⌦ ; ⌫ 

⌦ (vi) ⌫  a  summary  description  of  the  environmental  impact,  based  on  the 
assessments  carried  out  in  accordance  with  Council  Directive  85/337/EEC11 
⌦ ; ⌫ 

⌦ (vii) ⌫  a statement that alternative possibilities of public and private financing, 
including  the  European  Investment  Fund  and  the  European  Investment  Bank, 
have been examined ⌦ ; ⌫ 

(cid:208) 1655/1999 Art. 1 pt. 8 
(adapted) 

⌦ (viii) ⌫  a  financial  plan  listing,  in  euro  or  in  national  currency,  all  the 
components  of  the  financial  package,  including  the  financial  aid  requested 
in 
its  different 
from 
Article ⌦ 3(1) ⌫, and from local, regional or national government bodies, as 
well as from private sources, and the aid already granted; 

the  Community, 

as  mentioned 

forms 

in 

(b) 

(c) 

(d) 

if  the  application  relates  to  a  study,  the  study's  objective  and  purpose  and  the 
methods and techniques envisaged; 

(cid:208) 2236/95 

a provisional timetable of work; 

a description of the control measures to be operated by the Member State concerned 
over the use of the funds requested. 

2. Applicants shall supply the Commission with any relevant additional information which it 
requires, such as the parameters, guidelines and hypotheses on which the cost/benefit analysis 
is based. 

(cid:208) 1655/1999 Art. 1 pt. 9 

3.  The  Commission  may  seek  any  specialist  advice  it  requires  in  order  to  assess  an 
application, including the opinion of the European Investment Bank. 

(cid:208) 2236/95 

11 

OJ L 175, 5.7.1985, p. 40. 

EN 

15 

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(cid:208) 1655/1999 Art. 1 pt. 10 
(adapted) 

Article 10 

Grant of financial aid 

In accordance with Article 274 of the Treaty, the Commission shall decide to grant financial 
aid under this Regulation according to its assessment of the application in accordance with the 
selection  criteria.  In  the  case  of  projects  identified  in  the  relevant  indicative  multiannual 
programme  established  pursuant  to  Article  ⌦ 5 ⌫,  the  Commission  shall  take  the  annual 
decisions to grant aid within the indicative financial amounts provided for in that programme. 
In  the  case  of  other  projects,  measures  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article ⌦ 18(2) ⌫. The Commission shall notify its decision directly 
to the beneficiaries and to the Member States. 

(cid:208) 2236/95 

Article 11 

Financial provisions 

1. Community aid may cover only project-related expenditure incurred by the beneficiaries or 
by third parties responsible for the implementation of a project. 

2. Expenditure incurred before the date on which the Commission received the application for 
financial aid shall not be covered. 

3. Decisions to grant financial aid taken by the Commission under Article 10 shall be binding 
as commitments to incur expenditure authorized by the Budget. 

4. As a general rule, payments shall be made in the form of advances, intermediate payments 
and a final payment. The advance, which shall not normally exceed 50% of the first annual 
tranche, shall be paid once the application for aid has been approved. Intermediate payments 
shall be made on the  basis of  requests for payment,  taking  account  of  the  progress  made  in 
implementing the project or study and, if necessary, taking account of revised financial plans 
in a rigorous and transparent manner. 

5. The payments must take account of the fact the infrastructure projects will be implemented 
over a period of years and that provision must therefore be made for multiannual financing. 

6.  The  Commission  shall  make  the  final  payment  after  approval  of  the  final  report  on  the 
project  or  study,  submitted  by  the  beneficiary  and  itemizing  all  the  expenditure  actually 
incurred. 

EN 

16 

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(cid:208) 1655/1999 Art. 1 pt. 11 
(adapted) 

7.  ⌦ In  accordance  with ⌫  the  procedure  ⌦ referred  to ⌫  in  Article  ⌦ 18(2) ⌫,  the 
Commission  shall  establish  a  framework  for  the  procedures,  timetable  and  amounts  for 
payments of interest subsidies, guarantee premium subsidies and support in the form of risk 
capital  participation,  for  investment  funds  or  comparable  financial  undertakings  with  a 
priority focus on providing risk capital for trans-European network projects. 

(cid:208) 2236/95 

Article 12 

Financial control 

1.  In  order  to  guarantee  successful  completion  of  projects  financed  ⌦ under ⌫  this 
Regulation,  Member  States  and the  Commission,  each  in  its  field  of  competence,  shall  take 
the necessary measures to: 

(cid:208) 1655/1999 Art. 1 pt. 12(a) 
(adapted) 

⌦ (a) ⌫ 

verify on a regular basis that projects and studies financed by the Community 

have been properly carried out ⌦ ; ⌫ 

⌦ (b) ⌫ 

prevent irregularities and take action against them ⌦ ; ⌫ 

(cid:208) 2236/95 (adapted) 

(cid:208) 1655/1999 Art. 1 pt. 12(b) 
(adapted) 

⌦ (c) ⌫ 

recover  any  amounts  lost  as  a  result  of  irregularity,  including  interest  on 
account of late repayment, in accordance with the rules adopted by the Commission. 
Except  where  the  Member  State  and/or  the  implementing  public  authority  provide 
proof that they were not responsible for the irregularity, the Member State shall be 
liable in the alternative for reimbursement of any sums unduly paid. 

2. Member States shall inform the Commission of the measures taken for these purposes and, 
in particular, shall notify the Commission of the description of the management and control 
systems established to ensure the efficient implementation of projects and studies. 

(cid:208) 2236/95 

EN 

17 

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

(cid:208) 2236/95 (adapted) 

4. Without prejudice to any control measures carried out by the Member States in accordance 
with  national  laws,  regulations  and  administrative  provisions  and  without  prejudice  to 
Article ⌦ 246 ⌫  of  the  Treaty  and  control  measures  carried  out  in  accordance  with 
Article ⌦ 279 ⌫ of the Treaty, Commission officials or agents may carry out spot checks, 
including  sample  checks,  in  respect  of  projects  financed  under  this  Regulation  and  may 
examine the control systems and measures established by the national authorities, which shall 
inform the Commission of measures taken to that end. 

(cid:208) 2236/95 

5. 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.  If  the  Commission 
carries out on-the-spot checks without giving notice, it shall be subject to agreements reached 
in accordance with provisions of Regulation (EC, Euratom) No 1605/2002. Officials or agents 
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  payment  applications.  Commission  officials  or  agents  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 
coordinated  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. 

6. In the case of Community aid granted to public or private undertakings or bodies directly 
concerned, the control measures shall be carried out by the Commission in cooperation with 
the Member States as appropriate. 

(cid:208) 1655/1999 Art. 1 pt. 12(c) 

7. The responsible bodies and authorities and public or private undertakings or bodies directly 
concerned  shall  keep  available  for  the  Commission  all  the  supporting  documents  regarding 
expenditure on any project for a period of five years following the last payment in respect of 
the project. 

(cid:208) 1655/1999 Art. 1 pt. 12(d) 

EN 

18 

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(cid:208) 2236/95 (adapted) 

Article 13 

Reduction, suspension and cancellation of ⌦ aid ⌫ 

1.  If  the  implementation  of  an  operation  appears  not  to  justify,  in  whole  or  in  part,  the 
financial aid allocated to it, the Commission shall conduct an appropriate examination of the 
case, in particular requesting the Member State, or the authorities or bodies designated by it to 
carry out the operation, to submit their comments within a specified period of time. 

2.  Following  the  examination  referred  to  in  paragraph  1,  the  Commission  may  reduce, 
suspend  or  cancel  aid  in  respect  of  the  operation  in  question  if  the  examination  reveals  an 
irregularity  or  a  failure  to  comply  with  one  of  the  conditions  laid  down  in  the  decision 
⌦ granting  the  aid ⌫,  and  in  particular  any  significant  change  affecting  the  nature  of,  or 
conditions for carrying out, the project for which the Commission's approval was not sought. 

Any undue cumulation shall give rise to the recovery of sums unduly paid. 

(cid:208) 2236/95 

⌦ 3. ⌫  Except  in  cases  duly  justified  to  the  Commission,  aids  granted  to  projects  which 
have not started within two years following the date of their expected start, as indicated in the 
decision granting ⌦ aid ⌫, will be cancelled by the Commission. 

(cid:208) 1655/1999 Art. 1 pt. 13 
(adapted) 

⌦ 4. ⌫  Any  sum  to  be  recovered  for  want  of  due  entitlement  shall  be  repaid  to  the 
Commission. 

(cid:208) 2236/95 (adapted) 

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

(cid:208) 807/2004 Art. 1 pt. 2 (adapted) 

EN 

19 

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(cid:208) 1655/1999 Art. 1 pt. 14 
(adapted) 

Article 14 

Coordination 

The  Commission  shall  be  responsible  for  coordination  and  coherence  between  the  projects 
and the programmes referred to in Article ⌦ 5 ⌫(1) undertaken under this Regulation and 
projects undertaken with the help of contributions from the Community budget, the European 
Investment Bank, the European Investment Fund and other Community financial instruments. 

(cid:208) 1655/1999 Art. 1 pt. 15 

Article 15 

Appraisal, monitoring and evaluation 

1. The Member States and the Commission shall ensure that the implementation of projects 
under  this  Regulation  is  subject  to  effective  monitoring  and  evaluation.  Projects  may  be 
adapted according to monitoring and evaluation results. 

2. In order to ensure that Community aid is used efficiently, the Commission and the Member 
States concerned shall systematically monitor progress with projects, where appropriate with 
the cooperation of the European Investment Bank or other appropriate bodies. 

(cid:208) 1655/1999 Art. 1 pt. 15 
(adapted) 

3. On receipt of an application for aid, and before approving it, the Commission shall carry 
out an appraisal in order to assess the project's conformity with the conditions and criteria laid 
down in Articles ⌦ 4 ⌫ and 6. Where necessary, the Commission shall invite the European 
Investment Bank or other appropriate bodies to contribute to this appraisal. 

(cid:208) 1655/1999 Art. 1 pt. 15 

4. The Commission and the Member States shall assess the manner in which the projects and 
the  programmes  have  been  carried  out  and  evaluate  the  impact  of  their  implementation,  in 
order to assess whether the original objectives can be, or have been, achieved. This evaluation 
shall,  inter  alia,  cover  the  impact  of  projects  on  the  environment,  regard  being  had  to  the 
Community  laws  in  force.  The  Commission  may,  after  consultation  of  the  Member  State 
concerned, also require the beneficiary to provide a specific evaluation on projects or groups 
of  projects  supported  under  this  Regulation,  or  to  provide  it  with  the  information  and  the 
assistance required to evaluate such projects. 

EN 

20 

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

(cid:208) 1655/1999 Art. 1 pt. 15 
(adapted) 

⌦ (a) ⌫ 

the  stage  of  the  project  reached  in  relation  to  the  plan  and  the  operational 

objectives originally laid down ⌦ ; ⌫ 

⌦ (b) ⌫ 

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

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

7.  Procedures  for  evaluation  and  monitoring,  as  provided  in  paragraphs  4  and  5,  shall  be 
established  in  the  Decisions  approving  the  projects  and/or  in  the  contractual  provisions 
relating to the financial aid. 

(cid:208) 2236/95 

Article 16 

Information and publicity 

(cid:208) 1655/1999 Art. 1 pt. 16 
(adapted) 

1.  The  Commission  shall  submit  an  annual  report  on  the  activities  carried  out  under  this 
Regulation  to  the  European  Parliament,  the  Council,  the  ⌦ European ⌫  Economic  and 
Social Committee and to the Committee of the Regions for their appraisal. This report shall 
contain  an  evaluation  of  the  results  achieved  with  Community  aid  in  different  fields  of 
application,  in  terms  of  original  objectives,  as  well  as  a  chapter  on  the  substance  and 
implementation  of  current  multiannual  programmes,  especially  an  account  of  the  revisions 
provided ⌦ for ⌫ in ⌦ the second subparagraph of ⌫ Article ⌦ 5(4) ⌫. 

(cid:208) 2236/95 (adapted) 

2. Beneficiaries shall ensure that suitable publicity is given to ⌦ aid ⌫ granted under this 
Regulation  in  order  to  inform  the  public  of  the  role  played  by  the  Community  in  the 
implementation of the projects.  

⌦ They shall consult the Commission on how this should be done. ⌫ 

EN 

21 

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(cid:208) 807/2004 Art. 1 pt. 3 (adapted) 

Article 17 

⌦ Implementation ⌫ 

The Commission shall be responsible for the implementation of this Regulation. 

⌦ Article 18 ⌫ 

⌦ Committee ⌫ 

1.  The  Commission  shall  be  assisted  by  a  committee  (hereinafter  referred  to  as  “the 
Committee”). 

The European Investment Bank shall appoint a representative to the Committee who shall not 
vote. 

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply, having regard to the provisions of Article 8 thereof. 

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

(cid:208) 1655/1999 Art. 1 pt. 17 
(cid:206)1 788/2004 Art. 1 pt. 1 

Article 19 

(cid:206)1 Funding  

The  financial  framework  for  the  implementation  of  this  Regulation  for  the  period  2000  to 
2006 shall be EUR 4 874,88 million. 

(cid:208) 788/2004 Art. 1 pt. 2 

The annual appropriations shall be authorised by the budgetary authority within the limits of 
the financial perspective. 

(cid:208) 1655/1999 Art. 1 pt. 17 

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

(cid:208) 807/2004 Art. 1 pt. 4 

EN 

22 

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(cid:208) 1655/1999 Art. 1 pt. 18 
(adapted) 

Article 20 

Revision clause 

Before  the  end  of  2006  the  Commission  shall  submit  to  the  European  Parliament  and  the 
Council  a  comprehensive  report  on  the  experience  gained  with  the  mechanisms  under  this 
Regulation  for  granting  Community  aid,  in  particular  the  mechanisms  and  provisions  laid 
down in Article ⌦ 3 ⌫.  

⌦ The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  procedure  laid 
down  in  the  first  paragraph  of  Article  156  of  the  Treaty,  shall  examine  whether  and  under 
which conditions the measures provided for in this Regulation will be continued or amended 
after the end of the period referred to in Article 19. ⌫ 

(cid:208)  

Article 21 

Repeal 

Regulation (EC) No 2236/95 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 III. 

EN 

23 

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(cid:208) 2236/95 (adapted) 

Article 22 

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 European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

24 

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(cid:208) 1655/1999 Art. 1 pt. 20 and 
Annex (adapted) 

ANNEX I 

Implementation modalities referred to in Article ⌦ 3 ⌫(1)(e) 

1. 

Conditions for a Community contribution to risk capital 

Applications  for  financial ⌦ aid ⌫  under  Article  ⌦ 3 ⌫(1)(e)  shall  include  the 
in 
the  Committee 
to 
following 
Article ⌦ 18(1) ⌫, as a basis for decisions to grant ⌦ aid ⌫: 

information, 

satisfactory 

referred 

to 

(cid:208) 1655/1999 Art. 1 pt. 20 and 
Annex 

an  information  memorandum  containing  the  main  provisions  of  the  statutory 
documentation of the fund including its legal and management structure, 

its detailed investment guidelines including information on target projects, 

information on the involvement of private investors, 

information on geographical coverage, 

information on the financial viability of the fund, 

information on the rights of the investors to take remedial action in the event 
that the undertakings given to them are not honoured by the fund, 

information  on  the  exit  policies  of  the  fund  and  arrangements  for  the 
termination of the fund, 

rights of representation in the committees of investors. 

– 

– 

– 

– 

– 

– 

– 

– 

(cid:208) 1655/99 Art. 1 pt. 20 and 
Annex (adapted) 

Before  the  decision  to  grant  ⌦ aid ⌫,  the  intermediary  investment  fund  or  other 
comparable  financial  institution  must  undertake  to  invest  not  less  than  a  sum 
equivalent  to  two  and  a  half  times  the  Community  contribution,  into  projects 
previously 
in  accordance  with 
Article 155(1), first indent, of the Treaty. 

identified  as  projects  of  common 

interest 

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25 

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(cid:208) 1655/99 Art. 1 pt. 20 and 
Annex 

Community  aid  for  investment  funds  or  comparable  financial  undertakings,  if 
granted in the form of a risk-capital participation, shall be granted, in principle, only 
if the Community contribution ranks pari passu in terms of risk with other investors 
in the fund. 

Recipient  investment  funds  or  comparable  financial  undertakings  have  to  follow 
sound financial principles. 

2. 

Limits for intervention and maximum investment 

(cid:208) 1655/1999 Art. 1 pt. 20 and 
Annex (adapted) 

Contributions  under  Article  ⌦ 3 ⌫(1)(e)  R  shall  not  exceed  1%  of  the  overall 
amount  for  the  period  mentioned  in  Article ⌦ 19 ⌫.  However  this  limit  may  be 
increased in accordance with the said Article ⌦ 3 ⌫(1)(e). 

Community ⌦ aid ⌫ under Article ⌦ 3 ⌫(1)(e) shall not exceed 20% of the total 
capital of an investment fund or comparable financial undertaking. 

3. 

Management of the Community contribution 

The  management  of  the  Community  contribution  will  be  ensured  by  the  European 
Investment  Fund  (EIF).  The  detailed  terms  and  conditions  for  implementing 
Community  ⌦ aid ⌫  under  Article  ⌦ 3 ⌫(1)(e),  including  its  monitoring  and 
control,  shall  be  laid  down  in  a  Cooperation  Agreement  between  the  Commission 
and the EIF, taking into account the provisions laid down in this Annex. 

4. 

Other provisions 

The  provisions  applying  to  appraisal,  monitoring  and  evaluation  as  specified  in 
⌦ this ⌫  Regulation  shall  apply  in  full  to  Article  ⌦ 3 ⌫(1)(e),  including  the 
provisions on conditions for Community aid, on financial control and the reduction, 
suspension  and  cancellation  of  ⌦ aid ⌫.  This  shall,  inter  alia,  be  ensured  by 
appropriate provisions in the Cooperation Agreement between the Commission and 
the  EIF  and  appropriate  agreements  with  investee  funds  or  comparable  financial 
undertakings stipulating the necessary controls at the level of individual projects of 
common  interest.  Appropriate  arrangements  will  be  made  to  allow  the  Court  of 
Auditors  to  exercise  its  mission  in  particular  in  order  to  verify  the  regularity  of 
payments made. 

Payments  under  Article  ⌦ 3 ⌫(1)(e)  shall  be  governed  by  Article  11(7), 
notwithstanding Article 11(6). After the end of the investment period or earlier as the 
case may be, any balances resulting from a return of invested capital or distribution 
of profits and capital gains and any and all other distributions due to investors shall 
be returned to the Community budget. 

EN 

26 

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All decisions to provide risk-capital participations under Article ⌦ 3 ⌫(1)(e) shall 
be submitted to the Committee referred to in Article ⌦ 18(1) ⌫ . 

The Commission will report regularly to the said Committee on the implementation 
of risk capital participations under Article ⌦ 3 ⌫(1)(e). 

Before the end of 2006, the Commission shall in the framework of Article 15 provide 
an evaluation of actions carried out under Article ⌦ 3 ⌫(1)(e), in particular on its 
utilisation, its effects on the implementation of the trans-European network projects 
supported and the involvement of private investors in the projects financed.  

_________ 

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27 

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(cid:207) 

ANNEX II 

Repealed Regulation with its amendments 

Council Regulation (EC) No 2236/95 
(OJ L 228, 23.9.1995, p. 1) 

Regulation (EC) No 1655/1999 of the 
European Parliament and of the Council 
(OJ L 197, 29.7.1999, p. 1) 

Regulation (EC) No 788/2004 of the 
European Parliament and of the Council 
(OJ L 138, 30.4.2004, p. 17) 

Regulation (EC) No 807/2004 of the 
European Parliament and of the Council 
(OJ L 143, 30.4.2004, p. 46) 

Regulation (EC) No 1159/2005 of the 
European Parliament and of the Council 
(OJ L 191, 22.7.2005, p. 16) 

_________ 

Only Article 1 

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ANNEX III 

CORRELATION TABLE 

Regulation (EC) No 2236/95 

This Regulation 

Article 1 

Article 2(1) 

Article 1 

Article 2 

Article 4(1)(a) to (e) 

Article 3(1)(a) to (e) 

Article 4(1)(f) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 5 

Article 5a 

Article 6(1) 

Article 6(1a) 

Article 6(2) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 4 

Article 5 

Article 6(1) 

Article 6(2) 

Article 6(3) 

Article 6(3) introductory wording 

Article 6(4) introductory wording 

Article 6(3) first indent 

Article 6(3) second indent 

Article 6(3) third indent 

Article 6(3) fourth indent 

Article 6(3) fifth indent 

Article 6(4) 

Article 7 

Article 6(4)(a) 

Article 6(4)(b) 

Article 6(4)(c) 

Article 6(4)(d) 

Article 6(4)(e) 

Article 6(5) 

Article 7 

Article 8 first sentence 

Article 8 first paragraph 

Article 8 second sentence 

Article 8 second paragraph 

Article 9(1) introductory wording 

Article 9(1) introductory wording 

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29 

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Article 9(1)(a) introductory wording 

Article 9(1)(a) introductory wording 

Article 9(1)(a) first indent 

Article 9(1)(a)(i) 

Article 9(1)(a) second indent 

Article 9(1)(a)(ii) 

Article 9(1)(a) third indent 

Article 9(1)(a)(iii) 

Article 9(1)(a) fourth indent 

Article 9(1)(a)(iv) 

Article 9(1)(a) fifth indent 

Article 9(1)(a)(v) 

Article 9(1)(a) sixth indent 

Article 9(1)(a)(vi) 

Article 9(1)(a) seventh indent 

Article 9(1)(a)(vii) 

Article 9(1)(a) eighth indent 

Article 9(1)(a)(viii) 

Article 9(1)(b), (c) and (d) 

Article 9(1)(b), (c) and (d) 

Article 9 (2) and (3) 

Articles 10 and 11 

Article 9(2) and (3) 

Articles 10 and 11 

Article 12(1) introductory wording 

Article 12(1) introductory wording 

Article 12(1) first indent 

Article 12(1) second indent 

Article 12(1) third indent 

Article 12(2) to (7) 

Article 13(1) and (2) 

Article 13(2a) 

Article 13(3) 

Article 13(4) 

Article 14 

Article 12(1)(a) 

Article 12(1)(b) 

Article 12(1)(c) 

Article 12(2) to (7) 

Article 13(1) and (2) 

Article 13(3) 

Article 13(4) 

Article 13(5) 

Article 14 

Article 15(1) to (4) 

Article 15(1) to (4) 

Article 15(5) introductory wording 

Article 15(5) introductory wording 

Article 15(5) first indent 

Article 15(5) second indent 

Article 15(5)(a) 

Article 15(5)(b) 

Article 15(6) and (7) 

Article 15(6) and (7) 

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Article 16(1) 

Article 16(1) 

Article 16(2) first sentence 

Article 16(2) first subparagraph 

Article 16(2) second sentence 

Article 16(2) second subparagraph 

Article 17(1) 

Article 17 

Article 17(2) first sentence 

Article 18(1) first subparagraph 

Article 17(2) second sentence 

Article 18(1) second subparagraph 

Article 17(3) 

Article 17(4) 

Article 18 

Article 18(2) 

- 

Article 19 

Article 19 first sentence 

Article 20 first paragraph 

Article 19 second sentence 

Article 20 second paragraph 

- 

Article 20 

Annex 

- 

- 

Article 21 

Article 22 

Annex I 

Annex II 

Annex III 

__________ 

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