Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on streamlining measures for advancing the realisation of the trans-European transport network
Date: 2018-05-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU Member State, administrative procedure, project of common interest, trans-European network, transport network

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   EUROPEAN COMMISSION  Brussels, 17.5.2018 COM(2018) 277 final 2018/0138 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on streamlining measures for advancing the realisation of the trans-European transport network  {SEC(2018) 228 final} - {SWD(2018) 178 final} - {SWD(2018) 179 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Technological change is touching all parts of society and the economy and transforming the 
lives of EU citizens. Transport is no exception to this trend. New technologies are radically 
changing  the  mobility  landscape.  Against  this  background,  the  EU  and  its  industries  must 
meet the challenge to become a world leader in innovation, digitisation, and decarbonisation. 
The  Commission  has  therefore  adopted  a  comprehensive  approach  to  ensure  that  the  EU's 
mobility  policies  reflect  these  political  priorities  in  the  form  of  three  'Europe  on  the  Move' 
mobility packages.  

Following  the  Low-Emission  Mobility  Strategy,  the  Commission  adopted  two  mobility 
packages in May and November 2017. These packages set out a positive agenda delivering on 
the  low-emission  mobility  strategy  and  ensuring  a  smooth  transition  towards  clean, 
competitive  and  connected  mobility  for  all.  The  European  Parliament  and  Council  should 
ensure the rapid adoption of these proposals. 

This initiative is part of the Third "Europe on the Move" Package, which delivers on the new 
industrial  policy  strategy  of  September  2017,  and  is  designed  to  complete  the  process  of 
enabling Europe to reap the full benefits of the modernisation of mobility. It is essential that 
tomorrow's mobility system is safe, clean and efficient for all EU citizens. The aim is to make 
European mobility safer and more accessible, European industry more competitive, European 
jobs more secure, and to be cleaner and better adapted to the imperative of tackling climate 
change. This will require the full commitment of the EU, Member States and stakeholders, not 
least in strengthening investments in transport infrastructure. 

Stimulating economic growth and boosting investment in the real economy at the heart of the 
Commission’s priorities. The Investment Plan for Europe1, which translates this overarching 
goal into operational terms, has three objectives: to mobilise finance for the real economy, to 
provide  visibility  and  technical  assistance  to  investment  projects,  and  to  improve  the 
regulatory framework for investment. 

Investment  in  transport  infrastructure  significantly  contributes  to  achieving  these  objectives. 
In  particular,  the  completion  of  the  Trans-European  Network  for  Transport  (TEN-T)  core 
network and its corridors is expected to generate an additional €4,500 billion or 1.8% of EU 
GDP  and  account  for  13  million  job-years  until  20302.  It  is  estimated  that  the  investment 
needed to complete the TEN-T core network amounts to about €500 billion between 2021 and 
2030, and to about €1,500 billion with the TEN-T comprehensive network and other transport 
investment included3. 

1 
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COM(2014) 903 final. 
Delivering 
https://ec.europa.eu/transport/sites/transport/files/delivering_ten_t.pdf, September2017 
Based on feedback received from Member States in May 2017. The CNC work plans along with their 
supporting studies are available at: https://ec.europa.eu/transport/themes/infrastructure/downloads_en 

Figures, 

TEN-T, 

Facts 

& 

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Experience shows that the implementation of the TEN-T core network projects is affected by 
complex  administrative  procedures  and  regulatory  uncertainty,  which  can  lead  to  increased 
costs and delays4. 

The recently updated Christophersen-Bodewig-Secchi Action Plan5 - Making the best use of 
new  financial  schemes  for  European  transport  infrastructure  projects  (2015)  identified  the 
simplification  of  administrative  authorisations,  permit  granting  rules  and  other  regulatory 
procedures  as  one  of  the  recommendations  aiming  to  facilitate  TEN-T  completion.  .This 
action plan was presented by TEN-T European Coordinators Bodewig and Secchi as well as 
former Vice President H. Christophersen. 

The effective completion of the TEN-T is essential for the functioning of the single market, 
the  digitalisation  of  transport  and  the  transition  to  low  carbon  mobility6.  In  its  recent 
Communications,  the  Commission  emphasised  the  need  to  mobilise  private  investments  in 
sectors  critical  to  the  EU’s  future7  and  where  market  failures  remain8.  It also  reiterated  that 
cross-border and sustainable transport and TEN-T infrastructure are critical for the EU's move 
towards a low-carbon and resource-efficient economy9. 

Creating  a  supportive  regulatory  environment  and  introducing  efficient  procedures  is  a 
challenge not only at European level. The G7 has also recognised the complexity of regulation 
affecting  the  efficiency  of  permit  granting  procedures,  specifically  in  the  Declaration  of  the 
Ministers  adopted  at  the  G7  Transport  Ministers  Meeting  in  Cagliari  in  June  2017.  The 
Declaration  stressed  the  importance  of  increasing  public  acceptance  for  infrastructure 
the  regulatory 
projects,  of  efficient  administrative  procedures  and  of  streamlining 
environment10. EU Member States have also made efforts to streamline procedures at national 
level11. 

The  present  initiative  aims  at  reducing  delays  encountered  in  the  implementation  of  TEN-T 
infrastructure  projects.  It  puts  a  maximum  limit  of  three  years  for  the  entire  permitting 

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States, 

This  also  applies  to  the  previously  identified  30  TEN-T  priority  projects.  Several  of  them  have  been 
completed but some are still on-going, the experience with Priority Projects also shows that there issues 
related  to  permit  granting  procedures  impacted  the  delivery  of  several  projects  (e.g.  PP17,  PP18/30, 
PP24),  Implementation  of  the  Priority  Projects,  November  2012;  DG  MOVE  based  on  data  from 
https://ec.europa.eu/transport/sites/transport/files/themes/infrastructure/ten-t-
Member 
policy/priority-projects/doc/pp_report_nov2012.pdf 
Former Commission Vice-President H. Christophersen, Professor K. Bodewig, European Coordinator, 
Professor C. Secchi, European Coordinator in the "Action Plan – Making the best use of new financial 
schemes  for  European  transport  infrastructure  projects"  ("CBS  Report"),  June  2015,  available  at 
http://ec.europa.eu/transport/themes/infrastructure/ten-t-
guidelines/doc/2015_06_03_cbs_action_plan_final.pdf Progress Report of the Action Plan Making the 
best  use  of  new  financial  schemes  for  European  transport  infrastructure  projects,  January  2018, 
https://ec.europa.eu/transport/sites/transport/files/cbs2_report_final.pdf,  (Henceforth:  CBS  Progress 
Report). 
In  the  conclusions  adopted on  5 December  2017,  the  Council  reiterated its  strong  commitment  to  the 
implementation of the TEN-T and the necessity to continue this policy to boost investment in transport 
and contribute to global objectives in particular in terms of climate action. 15425/17 TRANS 541. 
COM(2016) 359 final. 
The Results and Efficiency of Railway Infrastructure Financing within the European Union, Study for 
the European Parliament, October 2015 
COM(2016)501 final. 
http://www.g7italy.it/sites/default/files/documents/Final%20Declaration_0.pdf  
German 
https://www.bmvi.de/SharedDocs/DE/Publikationen/G/innovationsforum-planungsbeschleunigung-
abschlussbericht.pdf?_ _blob=publicationFile  

speeding 

planning 

Strategy 

process: 

the 

for 

up 

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process. It also aims to bring greater clarity to the processes which project promoters need to 
follow, in particular as regards permit granting, public procurement and other procedures. 

The  present  initiative  protects  access  to  justice  as  regards  the  implementation  of  TEN-T 
infrastructure  projects.  It  does  not  affect  administrative  appeal  procedures  and  judicial 
remedies  before  a  court  or  tribunal.  Member  States  may  nevertheless  lay  down  specific 
procedural  rules,  such  as  the  inadmissibility  of  an  argument  submitted  abusively  or  in  bad 
faith,  which  constitute  appropriate  mechanisms  for  ensuring  the  efficiency  of  the  legal 
proceedings.Cross-border projects face specific difficulties in conducting public procurement, 
resulting  in  particular  from  the  need  to  apply  different  legislations,  as  highlighted  by  the 
stakeholders. This adds complexity to the projects and creates costs. The aim of this initiative 
is  to  allow  for  the  systematic  application  of  one  single  framework  in  case  of  cross-border 
projects  implemented  by  a  joint  entity,  unless  the  participating  Member  States  decide 
otherwise. This is in line with the objectives set out in the recent Communication on boosting 
growth and cohesion in EU border regions12. 

Apart from generating more investment and attracting private capital to infrastructure of high 
EU  added  value,  it  is  believed  that  this  initiative  will  provide  more  clarity  for  citizens  and 
civil  society  by  strengthening  the  transparency  framework  for  their  involvement  in  the 
planning of TEN-T projects. 

The specific expected benefits are estimated to be as follows: 

 

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• 

Time savings: permit granting procedures are be expected to last up to a maximum of 
three years which is a significant improvement in comparison to the current situation.  

User cost savings: more than EUR 5 billion in user cost savings. 

Investment:  84%  of  total  investment  in  the  core  TEN-T  network  will  be  brought 
forward to before 2025. 

Reduction  of  the  external  effects  of  transport:  EUR  700  million  saved  in  terms  of 
CO2  emissions,  noise  mitigation,  air  pollution,  congestion  and  lower  number  of 
accidents.  The  reduction  of  CO2  emissions  is  estimated  at  2,686  thousand  tonnes 
saved for the period 2018-2030. 

Administrative  costs:  net  savings  of  EUR  150  million  for  project  promoters  and 
public authorities. 

Consistency with existing policy provisions in the policy area 

There  are  currently  no  specific  provisions  related  to  permit  granting  and  regulatory 
procedures in the area of the TEN-T. However, there are similar provisions are nevertheless 
applicable in the area of the Trans-European Network for Energy (TEN-E)13. 

• 

Consistency with other Union policies 

The  objectives  of  this  initiative  are  in  line  with  the  relevant  Union  policies  in  the  field  of 
transport,  the  single  market  and  other  areas.  The  initiative  contributes  to  stimulating 
investment and creating jobs by streamlining investment in the real economy. 

12 
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COM(2017) 534 final 
Regulation  (EU)  No  347/2013  of  the  European  Parliament  and  of  the  Council  of  17  April  2013  on 
guidelines  for  trans-European  energy  infrastructure  and  repealing  Decision  No  1364/2006/EC  and 
amending  Regulations  (EC)  No  713/2009,  (EC)  No  714/2009  and  (EC)  No  715/2009,  (OJ  L  115, 
25.4.2013, p. 39). 

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Completing the TEN-T will lead to a deeper and fairer internal market being created, as the 
TEN-T aims to physically connect Member States and has a clear Union added value due to 
its focus on cross-border connections.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  proposal  is  Article  172  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

• 

Subsidiarity (for non-exclusive competence)  

The  coordinated  development  of  the  TEN-T  to  support  transport  flows  within  the  single 
European  market  and  economic,  social  and  territorial  cohesion  within  the  Union  requires 
action  to  be  taken  at  Union  level.  Permit  granting  procedures  differ  greatly  across  Member 
States in terms of the number of permits necessary and decisions to be obtained; this makes it 
difficult  to  synchronise  of  the  development  of  the  network.  The  TEN-T  network  cannot 
properly  function  as  a  whole,  nor  can  it  offer  its  benefits  at  Union  level,  until  all  of  its 
elements are completed 

• 

Proportionality 

The proposal complies with the proportionality principle. It falls within the scope for action in 
the field of the trans-European transport network, as defined in Article 170 of the Treaty on 
the Functioning of the European Union.  

The  action  envisaged  by  this  proposal  is  specifically  limited  to  the  European  dimension  of 
transport infrastructure. 

A regulation would be an effective instrument as it would be directly applicable in the legal 
order of the Member States upon adoption and would not require a transposition period before 
taking  the  full  legal  effect.  This  is  in  line  with  the  objective  of  removing  discrepancies 
resulting  from  the  transposition  of  directives  and  of  advancing  project  preparation  and 
authorisation procedures. 

3. 

• 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Regulatory fitness and simplification 

The  TEN-T  policy  was  significantly  strengthened  in  2013  with  the  adoption  of  a  new 
regulation defining a holistic strategy based on the establishment of the core network by 2030 
and the comprehensive network by 2050. The TEN-T policy has nevertheless existed for 25 
years  and  at  the  time  of  the  preparation  of  the  current  TEN-T  framework,  evidence  already 
existed on the existence and impacts of delays in permitting and other regulatory procedures. 
Simplification  measures  were  initially  planned  for  the  TEN-T  framework,  but  there were  in 
the end considered premature due to several factors. Namely, the reshaped TEN-T framework 
included already an ambitious set of innovations, in particular in connection with the creation 
of a new funding instrument, the Connecting Europe Facility.  

A a result, the current Regulation (EU) No 1315/2013 does not provide for specific solutions 
as regards permit granting procedures, unlike Regulation (EU) No 347/2013 of the European 
Parliament  and  of  the  Council  of  17  April  2013  on  guidelines  for  trans-European  energy 

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infrastructure14. As a result, the present initiative could not be developed as part of the REFIT 
programme; however, it was inspired by the TEN-E experience. 

• 

Consultation, data collection and use of expertise 

The consultation activities included the following: 

(1)  An  open  internet  public  consultation  was  carried  out  for  13  weeks  from  1 
August  2017  until  9  November  2017.  A  total  of  99  responses  were  received, 
to  94  %  of  all 
representing  23  different  Member  States  equivalent 
contributions.  Regional,  local  or  municipal  authorities  (20  %),  project 
promoters (19 %) and industrial, business or sectorial associations (20 %) were 
the  organisation  categories  with  highest  representation,  closely  followed  by 
national governments (16 %). 

(2)  A  series  of  workshops  were  jointly  organised  by  the  Commission  services 
responsible  for  the  areas  of  the  initiative,  i.e.  public  procurement  (15  June 
2017),  State  aid  and  financing  (21  September  2017),  and  environmental 
assessments and permit granting (17 October 2017). 

(3)  Stakeholder  interviews  were  carried  out  in  the  context  of  the  impact 

assessment, between 6 December 2017 and 17 January 2018; 

(4)  Consultation  activities  were  carried  out  as  part  of  the  previous  exploratory 
study along with an open public consultation which ran for 12 weeks as well as 
dedicated workshops; 

(5)  A  feedback  mechanism  was  included  in  the  inception  impact  assessment 

published on the Commission's website in June 2017. 

The initiative was also discussed at ministerial level on two occasions, along with other issues 
related to the development and financing of the TEN-T: at the Regional Transport Investment 
Conference on 23 March 2017 in Sofia and at the Informal Transport Minister Council on 21 
September 2017 in Tallinn. 

Summary of input received and use of results 

All  relevant  stakeholder  groups  representing  all  Member  States  were  consulted  and  most 
provided their views, together with some quantitative information, where available, relating to 
existing issues and the policy measures under consideration. The consultation showed that the 
main issues identified with the permit granting procedures of TEN-T projects, relate to steps 
at  the  strategic  level  of  a  project’s  preparation,  including  the  attainment  of  spatial  planning 
permits, planning permissions and environmental assessments. 

Support for the integration of procedures under a single national entity, a one-stop-shop was 
expressed  in  particular,  by  project  promoters,  individuals  and  industrial  interest  groups. 
National  and  regional  governments  expressed  more  reserved  opinions  expressed  more 
reserved opinions, which were also confirmed in bilateral interviews  

A significant number of national and regional governments expressed some concerns about a 
one-stop-shop. However, the individual qualitative analysis of their comments shows that this 

14 

Regulation  (EU)  No 347/2013  of  the  European  Parliament  and  of  the  Council  of  17 April  2013  on 
guidelines  for  trans-European  energy  infrastructure  and  repealing  Decision  No 1364/2006/EC  and 
amending  Regulations  (EC)  No 713/2009,  (EC)  No 714/2009  and  (EC)  No 715/2009  (  OJ  L  115, 
25.4.2013, p. 39–75) 

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apparent disagreement stems, in some cases, from the fact that some countries have already 
integrated  procedures  within  a  single  entity  (including  fast  track  procedures).  These  single 
national entities already in existence can be seen as a best practice example of one-stop-shop 
implementation. 

According  to  project  promoters  and  individuals,  each  one-stop-shop  should  have  extended 
decision-making capacity that would manage all environmental assessments at project level, 
spatial  planning  permissions  and  construction  permits.  On  the  other  hand,  the  opinions  of 
national and regional governments varied as to the extent of the integration of procedures and 
level of authority. A significant number of national representatives stated that one-stop-shops 
should have only coordinating powers. 

Respondents  primarily  project  promoters,  individuals  and  industrial  interest  groups  agreed 
that  the  permit  granting  process  should  not  last  longer  than  two  years,  and  that  the 
establishment  of  such  a  time  limit  could  help  reduce  excessive  delays.  Local  and  regional 
authorities as well as some national governments were more reserved on this issue. 

A common set of Union-level rules that apply to cross-border projects was identified, as the 
most  effective  solution  to  improving  public  procurement  issues,  in  particular  by  project 
promoters and industrial groups, National authorities stated that such a set of rules would be 
more effective when applied to cross-border projects benefiting from Union funding. 

From among the available instruments for adopting measures to facilitate the preparation of 
TEN-T  projects  and  granting  of  permits  ,  the  consultation  showed  that  respondents  had  a 
general preference from respondents for a regulation on permit granting procedures and other 
elements of preparing TEN-T projects, which would be directly applicable in Member States. 

• 

Data collection and use of expertise 

The initiative follows a long reflection process and responds to the political invitation to act. 
The problem definition was based mainly on the Commission's experience with managing the 
TEN-T completion15 , consultation activities and the external studies: 

– 

– 

Study  on  permitting  and  facilitating  the  preparation  of  TEN-T  core  network 
projects, Milieu et al., December 201616; 

Support  study  for  an  Impact  Assessment  on  measures  for  the  streamlining  of 
TEN-T, Panteia, PwC, M-FIVE, February 201817. 

• 

Impact assessment 

The  initiative  is  supported  by  an impact  assessment.  It  has  received a positive  opinion  with 
reservations  from  the  Regulatory  Scrutiny  Board.  The  Board  has  made  recommendations 
requiring adjustments and clarifications on the following: 

– 

Providing  more  evidence  on  how  public  procurement  and  permit  granting 
procedures  affect  delays  in  construction.  Adding  more  information  about  the 
varying situation across sectors and Member States as well as description of the 
lessons  learnt  from  TEN-E,  European  Fund  for  Strategic  Investments,  and 
action taken in Member States to streamline processes. 

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17 

Progress report on implementation of the TEN-T network in 2014-2015, February 2017 
https://ec.europa.eu/transport/sites/transport/files/permitting_ten-t_final_report.pdf  
Link once published. 

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– 

– 

Providing  more  information  on  stakeholder  views  of  the  options,  especially 
those of Member States and citizens. 

A sensitivity analysis to be added along with an explanation of the assumptions 
made in relation to the calculation of results, in particular regarding the degree 
to which the measures could realistically help avoid delays. 

These comments have been taken into account in the revised impact assessment, as indicated 
in  Annex  I  of  the  Impact  Assessment  Report.  The  following  modifications  were  made  to 
address the issues mentioned above: 

– 

– 

– 

Examples were presented more prominently to illustrate the impacts of delays 
in permit granting processes and procurement on individual projects and how 
this affects the completion of the TEN-T , as well as other the network effects. 
More  references  were  made  to  the  results  of  the  completing  the  TEN-E  and 
priority  treatment  for  State  aid  control18.  Specific  paragraphs  were  added  to 
describe  the  experience  of  Member  States,  including  the  actions  they  took  to 
streamline  their  processes.  All  these  elements  strengthened  the  granularity  of 
the analysis. 

The  results  of 
the  open  public  consultations  and  other  stakeholders' 
consultation  were  presented  in  much  greater  detail.  A  specific  section  on  the 
comparison of policy options was added in the Chapter 7. 

A  sensitivity  analysis  was  carried  out  and  presented  across  the  impact 
assessment in relevant sections. 

The assessed policy options consist of packages of policy measures that address the specific 
objectives, and more specifically the main problem drivers identified: 

– 

– 

– 

– 

– 

multiple stages and authorities involved in permit granting procedures; 

absent or unenforced time limits; 

differing public procurement procedures for cross-border TEN-T projects; 

coordination challenges for the delivery of cross-border projects; and 

perceived uncertainties related to State aid control procedures. 

The  analysis  led  to  a  clear  conclusion  that  it  is  not  necessary  to  have  the  same  level  of 
ambition in every area, and that a stepwise approach would be appropriate. 

For permit granting procedures, the situation differs across Member States and no harmonised 
approach  has  yet  been  taken  at  Union  level.  A  higher  level  of  intervention  is  necessary  to 
synchronise  procedures  across  borders  and  allow  for  a  more  coordinated,  effective  and 
efficient project implementation of projects. 

For  public  procurement,  a  modernised  framework  has  started  to  apply  over  the  past  few 
years19.  However,  a  gap  remains  in  the  area  of  cross-border  procurement  and  projects 

18 

19 

Projects  supported  by  the European  Fund  for  Strategic Investments  according  to  the Regulation  (EU) 
2017/2396 of the European Parliament and of the Council of 13 December 2017 amending Regulations 
(EU) No 1316/2013 and (EU) 2015/1017 as regards the extension of the duration of the European Fund 
for Strategic Investments as  well as the introduction of technical enhancements for that Fund and the 
European Investment Advisory Hub, OJ L 345, 27.12.2017, p. 34–52 
In particular, Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 
on  procurement  by  entities  operating  in  the  water,  energy,  transport  and  postal  services  sectors  and 
repealing  Directive  2004/17/EC  (OJ  L  94,  28.3.2014,  p.  243)  and  Directive  2014/24/EU  of  the 

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developed  commonly  by  two  or  more  Member  States.  In  this  area,  the  intervention  only 
targets this specific gap. 

For State aid control, newly adopted clarifications have in any event already removed most of 
the uncertainty which allegedly may have hampered the development of projects in the past. 
In the case of a complex project with sophisticated financial structures, it seems nevertheless 
necessary to increase the quality of notifications also through better cooperation between the 
Commission services, Member State authorities and the legal and business community. Along 
the lines of the Code of Best Practice for the conduct of State aid control procedures, priority 
treatment  can  be  given  to  projects  of  common  interest  on  the  core  network  of  the  TEN-T 
following  a  mutually  agreed  timetable  between  the  Member  States  and  the  Commission, 
setting out clearly the milestones and information to be delivered by the Member States. This 
will allow the procedures at the Commission to run smoothly to allow the swifter adoption of 
the decision. 

The policy options were based on increasing levels of intervention, ambition and ‘cumulative’ 
expected impact:  

– 

– 

– 

Policy  option  1  (PO1)  Minimal  change  to  the  existing  instruments  and 
development of soft law as well as accompanying measures.  

Policy  option  2  (PO2)  Limited  binding  action  to  be  decentralised  and 
implemented at national level.  

Policy option 3 (PO3) An EU framework for authorisation of the TEN-T core 
network projects to be applied at national level (PO3a) or at EU level (PO3b).  

The  impact  assessment  recommended  policy  option  2  and  the  initiative  follows  this 
recommendation.  

4. 

BUDGETARY IMPLICATIONS 

The proposal will not entail any additional cost for the Union budget.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  Impact  Assessment  Report  lists  a  set  of  indicators  that  should  be  used  to  monitor  the 
effectiveness and efficiency of the measures taken in order to meet the main policy objectives: 

–  Minimising the risk of delays faced by individual TEN-T projects: 

– 

– 

The advancement of the TEN-T implementation in terms of compliance 
with the standards and requirements. 

Progress  in  investment  supported  by  EU  in  the  TEN-T  transport 
infrastructure  measured  by  the  number  of  CEF  projects  (or  the  projects 
supported by its successor) implemented on time and/or not delayed due 
to permitting/procurement issues. 

– 

Increasing  legal  certainty  for  project  promoters  thus  attracting  more  private 
investors to transport infrastructure  

European  Parliament  and  of  the  Council  of  26 February  2014  on  public  procurement  and  repealing 
Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).. 

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– 

The  increase  of  number  of  the  TEN-T  infrastructure  projects  financed 
with the use of the EU-supported financial instruments (e.g. EFSI and its 
successors). 

Monitoring will build on existing measures to monitor  the implementation  of the TEN-T as 
such. It will therefore use to the largest possible extent the existing framework and in a simple 
and  transparent  way  to  make  it  easily  accessible  for  interested  stakeholders.  It  is  not  the 
intention to create a complex system of new performance indicators. 

• 

Detailed explanation of the specific provisions of the proposal 

The  title  of  the  Regulation  addresses  the  scope  and  objectives  of  the  act,  which  aims  to 
facilitate the completion of the trans-European transport network.  

Article 1 - Subject matter and scope 

This article introduces the subject matter and the objectives of the Regulation which are the 
effective and timely completion of the TEN-T across the Union, by reducing the risk of delays 
and increasing the level of certainty for project promoters and investors as regards the length 
of  the  applicable  procedures.  Another  objective  is  to  facilitate  the  involvement  of  private 
investors and provide more clarity on public consultations. 

Article 3 – ‘Priority status’ of projects of common interest 

Certain  Member  States  in  their  respective  national  legal  frameworks  grant  fast-track 
procedures  and  special  streamlined  treatment  to  categories  of  projects  based  on  their 
importance to the development of the country or other reasons. In order to meet the objectives 
of completing the TEN-T, to which the Member States committed themselves by adopting in 
the  Council  the  regulation  defining  this  network  and  binding  deadlines  for  its  completion, 
similar preferential treatment should apply to Union projects of common interest. 

Articles 4-6 – Integration of the permit granting procedures 

The objective of this article is to  integrate the various permit granting processes for  TEN-T 
projects  of  common  interest.  Article  4  requires  that  the  authorisation  of  TEN-T  projects  is 
handled by one single authority that manages and takes ownership of the overall process and 
acts as the single entry point for project promoters and other investors. Article 5 establishes 
the designation and role of such an authority. Article 6 defines the procedural steps leading to 
a comprehensive decision authorising the investor to go ahead with the project.  

Article 7 – Coordination of cross-border permit granting procedures 

This  article states the importance of coordinating permit granting  procedures  across borders 
and  strengthens  the  role  of  the  European  Coordinators  in  monitoring  the  permit  granting 
procedure. 

Article 8 – Public procurement in cross-border projects of common interest 

This article provides for the application of only one legal framework on public procurement 
for cross-border projects. Unless otherwise specified in an intergovernmental agreement, joint 
entities developing such projects will apply a single national legislation to procure works and 
services when implementing the project. 

Article 9 – Technical assistance 

The  existing  technical  assistance  schemes  based  on  Union  legislation  will  be  open  to  the 
projects  of  common  interest  concerned  by  this  initiative,  subject  to  the  availability  of 
resources managed by the respective services. 

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2018/0138 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on streamlining measures for advancing the realisation of the trans-European transport 
network  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 172 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee20,  
Having regard to the opinion of the Committee of the Regions21,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

20 
21 
22 

Regulation (EU) No 1315/2013 of the European Parliament and of the Council22 sets 
out  a  common  framework  for  the  creation  of  state-of-the-art,  interoperable  networks 
for  the  development  of  the  internal  market.  The  trans-European  transport  networks 
(TEN-T) have a dual layer structure: the comprehensive network ensures connectivity 
of all regions of the Union whereas the core network consists of those elements of the 
network which are of the highest strategic importance for the Union. Regulation (EU) 
No  1315/2013  defines  binding  completion  targets  for  implementation,  with  the  core 
network to be completed by 2030 and the comprehensive network by 2050. 

Notwithstanding the necessity and binding timelines, experience has shown that many 
investments  aiming  to  complete  the  TEN-T  are  confronted  with  complex  permit 
granting procedures, cross-border procurement procedures and other procedures. This 
situation jeopardises the on time implementation of projects and in many cases results 
in  significant  delays  and  increased  costs.  In  order  to  address  these  issues  and  make 
synchronised  TEN-T  completion  possible,,  harmonised  action  is  necessary  at  Union 
level.  

In the legal frameworks of many Member States priority treatment is given to certain 
project  categories  based  on  their  strategic  importance  for  the  economy.  Priority 
treatment  is  characterised  by  shorter  timelines,  simultaneous  procedures  or  limited 
timeframes for appeals while ensuring that the objectives of other horizontal policies 
are also reached. When such a framework exists within a national legal framework, it 

OJ C , , p. . 
OJ C , , p. . 
Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on 
Union guidelines for the development of the trans-European transport network and repealing Decision 
No 661/2010/EU (OJ L 348, 20.12.2013, p. 1). 

EN 

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(4) 

(5) 

(6) 

(7) 

(8) 

should  automatically  apply  to  Union  projects  recognised  as  projects  of  common 
interest under Regulation (EU) No 1315/2013. 

In order to improve the effectiveness of the environmental assessments and streamline 
the decision-making process , where the obligation to carry out assessments related to 
environmental  issues  of  core  network  projects  arises  simultaneously  from  Directive 
2011/92/EU, as amended by Directive 2014/52/EU, and from other Union legislation 
such  as  Directive  92/43/EEC,  Directive  2009/147/EC,  Directive  2000/60/EC, 
Directive  2008/98/EC,  Directive  2010/75/EU,  Directive  2012/18/EU  and  Directive 
2011/42/EC,  Member  States  should  ensure  that  a  joint  procedure  fulfilling  the 
requirements of these Directives is provided. 

Core network projects should be supported by integrated permit granting procedures to 
make clear management of the overall procedure possible and to provide a single entry 
point  for  investors.  Member  States  should  designate  a  competent  authority  in 
accordance with their national legal frameworks and administrative set-ups. 

The  establishment  of  a  single  competent  authority  at  national  level  integrating  all 
permit granting procedures (one-stop shop) should reduce the complexity, improve the 
efficiency and increase the transparency of the procedures. It should also enhance the 
cooperation  between  Member  States  where  appropriate.  The  procedures  should 
promote a real cooperation between investors and the single competent authority and 
should  therefore  allow  for  the  scoping  in  the  pre-application  phase  of  the  permit 
granting  procedure.  Such  scoping  should  be  integrated  in  the  detailed  application 
outline and follow the procedure set out in Article 5(2) of 2011/92/EU, as amended by 
Directive 2014/52/EU.  

The procedure set out by this Regulation should be without prejudice to the fulfilment 
of the requirements defined in the international and Union law, including provisions to 
protect the environment and human health.  

Given the urgency to complete the TEN-T core network, the simplification of permit 
granting  procedures  should  be  accompanied  by  a  time  limit  within  which  competent 
authorities  responsible  should  make  a  comprehensive  decision  regarding  the 
construction of the project. This time limit should stimulate a more efficient handling 
of  procedures  and  should,  under  no  circumstances,  compromise  the  Union's  high 
standards for environmental protection and public participation. 

(9)  Member States should endeavour to ensure that appeals challenging the substantive or 
procedural legality of a comprehensive decision are handled in the most efficient way 
possible.  

(10)  Cross-border  TEN-T  infrastructure  projects  face  particular  challenges  as  regards  the 
coordination  of  permit  granting  procedures.  The  European  Coordinators  should  be 
empowered  to  monitor  these  procedures  and  facilitate  their  synchronisation  and 
completion. 

(11)  Public procurement in cross-border projects of common interest should be conducted 
in accordance with the Treaty and Directives 2014/25/EU and/or 2014/24/EU. In order 
to  ensure  the  efficient  completion  of  the  cross-border  core  network  projects  of 
common interest, public procurement carried out by a joint entity should be subject to 
a single national legislation. By way of derogation from the Union public procurement 
legislation,  the  applicable  national  rules  should  in  principle  be  those  of  the  Member 
State where the joint entity has its registered office. It should remain possible to define 
the applicable legislation in an intergovernmental agreement. 

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(12)  The  Commission  is  not  systematically  involved  in  the  authorisation  of  individual 
projects. However, in some cases, certain aspects of the project preparation are subject 
to  clearance at Union level.  Where  the Commission  is  involved in  the procedures, it 
will  give  priority  treatment  to  the  Union  projects  of  common  interest  and  ensure 
certainty for project promoters. In some cases State aid approval might be required. In 
line  with  the  Best  Practice  Code  for  the  conduct  of  State  aid  control  procedures, 
Member States may ask the Commission to deal with projects of common interest on 
the core network of the TEN-T they consider to be of priority with more predictable 
timelines under the case portfolio approach or the mutually agreed planning.  

(13)  The  implementation  of  infrastructure  projects  on  the  TEN-T  core  network  should  be 
also  supported  by  Commission  guidelines  that  bring  more  clarity  as  regards  the 
implementation  of  certain  types  of  projects  while  respecting  the  Union  acquis.  For 
example the Action Plan for nature, people and the economy23 foresees such guidance 
to  bring  more  clarity  in  view  of  respecting  the  Birds  and  Habitats  Directives.  Direct 
support  related  to  public  procurement  should  be  made  available  for  projects  of 
common  interests  to  ensure  the  best  value  for  public  money24.  Additionally, 
appropriate  technical  assistance  should  be  made  available  under  the  mechanisms 
developed  for  the  Multi-Annual  Financial  Framework  2021-2027,  with  the  aim  of 
providing financial support for TEN-T projects of common interest. 

(14)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member 
States and can therefore, by reason of the need for coordination of those objectives, be 
better achieved at Union level, the Union may adopt measures in accordance with the 
principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Regulation does not go beyond what is necessary in order to achieve those objectives. 

(15)  For reasons of legal certainty, the administrative procedures which started prior to the 
entry  into  force  of  this  Regulation  should  not  be  subject  to  the  provisions  of  this 
Regulation. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I GENERAL PROVISIONS 

Article 1 

Subject matter and scope 

This Regulation sets out requirements applicable to the administrative procedures followed by 
the  competent  authorities  of  Member  States 
the  authorisation  and 
implementation of all projects of common interest on the core network of the trans-European 
transport network.. 

in  relation 

to 

Article 2 

Definitions 

For the purposes of this Regulation, the definitions set out in Regulation (EU) No 1315/2013 
shall apply. The following definitions shall also apply: 

23 
24 

COM(2017) 198 final. 
COM(2017) 573 final 

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12 

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(a) 

(b) 

(c) 

(d) 

(e) 

"comprehensive  decision"  means  the  decision  or  set  of  decisions  taken  by  a 
Member  State  authority  or  authorities  not  including  courts  or  tribunals  that 
determines whether or not a project promoter is to be granted authorisation to 
build  the  transport  infrastructure  needed  to  complete  a  project  without 
prejudice  to  any  decision  taken  in  the  context  of  an  administrative  appeal 
procedure;  

"permit granting procedures" means every procedure that has to be followed or 
step that has to be taken before the authorities of a Member State, under Union 
or national law, before the project promoter can implement the project; 

"Project promoter" means the applicant for authorisation for a private project or 
the public authority which initiates a project"; 

"single  competent  authority"  means  the  authority  which  the  Member  State 
designates  as  responsible  for  performing  the  duties  arising  from  this 
Regulation; 

"Cross-border project of common interest" means a project of common interest 
according  to  Article  7  of  Regulation  (EU)  No  1315/2013  covering  a  cross-
border  section  as  defined  in  point  (m)  Article  3  of  that  Regulation  which  is 
implemented by a joint entity. 

CHAPTER II – PERMIT GRANTING 

Article 3 

1. 

2. 

3. 

1. 

‘Priority status’ of projects of common interest 

Each project of common interest on the TEN-T core network shall be subject to an 
integrated  permit  granting  procedure  managed  by  a  single  competent  authority 
designated by each Member State in accordance with Articles 5 and 6.  

Where priority status exists under national law, projects of common interest shall be 
granted  the  status  with  the  highest  national  significance  possible,  and  be  treated  as 
such  in  permit  granting  procedures,  where  and  in  the  manner  such  treatment  is 
provided for in national legislation applicable to the corresponding types of transport 
infrastructure. 

To ensure efficient administrative procedures related to projects of common interest, 
project  promoters  and  all  authorities  concerned  shall  ensure  that  the  most  rapid 
treatment  legally  possible  is  given  to  these  projects,  including  as  regards  the 
resources allocated. 

Article 4 

Integration of permit granting procedures 

In  order  to  meet  the  time  limits  set  out  in  Article  6  and  reduce  the  administrative 
burden  related  to  the  completion  of  projects  of  common  interest,  all  the 
administrative procedures resulting from the applicable law, both national and of the 
Union, shall be integrated and result in only one comprehensive decision.  

EN 

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2. 

1. 

2. 

(a)  

(b) 

In  the  case  of  projects  of  common  interest  for  which  the  obligation  to  carry  out 
assessments of the effects on the environment arises simultaneously from Directive 
2011/92/EU  of  the  European  Parliament  and  of  the  Council  and  other  Union  law, 
Member States shall ensure that joint procedures within the meaning of Article 2(3) 
of Directive 2011/92/EU are provided for.  

Article 5 

Single competent permit granting authority 

By … (OP please insert the date one year of the entry into force of this Regulation), 
each  Member  State  shall  designate  one  single  competent  authority  which  shall  be 
responsible  for  facilitating  the  permit  granting  process  including  for  making  the 
comprehensive decision.  

The responsibility of the single competent authority referred to in paragraph 1 and/or 
the tasks related to it may be delegated to, or carried out by, another authority at the 
appropriate  administrative  level,  per  project  of  common  interest  or  per  particular 
category of projects of common interest, under the following conditions:  

only one authority is responsible per project of common interest;  

 the  authority  is  the  sole  point  of  contact  for  the  project  promoter  in  the  procedure 
leading to the comprehensive decision for a given project of common interest, and  

(c) 

 the authority coordinates the submission of all relevant documents and information. 

The single competent authority may retain the responsibility to establish time limits, 
without prejudice to the time limits set in accordance with Article 6. 

3. 

The  single  competent  authority  shall  issue  the  comprehensive  decision  within  the 
time limits specified in Article 6. It shall do so following joint procedures.  

4. 

5. 

The  comprehensive  decision  issued  by  the  single  competent  authority  shall  be  the 
sole legally binding decision resulting from the statutory permit granting procedure. 
Where other authorities are concerned by the project, they may give their opinion as 
input to the procedure, in accordance with national legislation. This opinion shall be 
taken into account by the single competent authority.  

When taking the comprehensive decision, the single competent authority shall ensure 
that  the  relevant  requirements  under  international  and  Union  law  are  respected  and 
shall duly justify its decision. 

If  a  project  of  common  interest  requires  decisions  to  be  taken  in  two  or  more 
Member States, the respective competent authorities shall take all the necessary steps 
for efficient and effective cooperation and coordination among themselves. Without 
prejudice  to  obligations  arising  under  applicable  Union  and  international  law, 
Member  States  shall  endeavour  to  provide  for  joint  procedures,  particularly  with 
regard to the assessment of environmental impacts. 

EN 

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Article 6 

1. 

2. 

3. 

4. 

Duration and implementation of the permit granting procedure 

The  permit  granting  procedure  shall  consist  of  the  pre-application  phase  and  the 
phase  of  the  assessment  of  the  application  and  the  decision-making  by  the  single 
competent authority. 

The pre-application phase, covering the period from the start of the permit granting 
procedure to the submission of the complete application file to the single competent 
authority, shall in principle not exceed two years. 

In order to launch the permit granting procedure, the project promoter shall notify the 
single  competent  authority  of  the  Member  States  concerned  about  the  project  in 
writing,  and  shall  include  a  detailed  description  of  the  project.  No  later  than  two 
months following the receipt of the above notification, the single competent authority 
shall either acknowledge it or, if it considers that the project is not mature enough to 
enter  the  permit  granting  procedure,  reject  the  notification  in  writing.  If  the  single 
competent authority decides to reject the notification, it shall justify its decision. The 
date  of  signature  of  the  acknowledgement  of  the  notification  by  the  competent 
authority  shall  serve  as  the  start  of  the  permit  granting  procedure.  If  two  or  more 
Member States  are concerned, the date of the acceptance  of the last notification by 
the  competent  authority concerned  shall  serve  as  the  date  of  the  start  of  the  permit 
granting procedure. 

Within  three  months  of  the  start  of  the  permit  granting  procedure,  the  single 
competent  authority,  in  close  cooperation  with  the  project  promoter  and  other 
authorities  concerned  and  taking  into  account  the  information  submitted  by  the 
project  promoter  on  the  basis  of  the  notification  referred  to  in  paragraph  3,  shall 
establish  and  communicate  to  the  project  promoter  a  detailed  application  outline, 
containing: 

(a) 

the material scope and level of detail of information to be submitted by the project 
promoter, as part of the application file for the comprehensive decision  

(b) 

a schedule for the permit granting process, identifying at least the following: 

(i) 

the decisions and opinions to be obtained; 

(ii) 

the authorities, stakeholders, and the public likely to be concerned; 

(iii) 

the individual stages of the procedure and their duration; 

(iv)  major  milestones  to  be accomplished  and their deadlines  in  view  of the 

comprehensive decision to be taken; 

(v) 

the resources planned by the authorities and possible additional resource 
needs. 

5. 

6. 

In  order  to  ensure  that  the  application  file  is  complete  and  of  adequate  quality,  the 
project promoter shall seek the single competent authority's opinion on its application 
as early as possible during the pre-application procedure. The project promoter shall 
cooperate  fully  with  the  single  competent  authority  to  meet  deadlines  and  comply 
with the detailed application outline as defined in paragraph 4. 

The  project  promoter  shall  submit  the  application  file  based  on  the  detailed 
application outline within  the period of 21  months  from the  receipt of that  detailed 
application outline. After the expiry of that period, the detailed application outline is 

EN 

15 

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no  longer  considered  applicable,  unless  the  single  competent  authority  decides  to 
prolong that period, on the basis of a justified request from the project promoter. 

At  the  latest  within  the  period  of  two  months  from  the  date  of  submission  of  the 
complete application file, the competent authority shall  acknowledge  in  writing  the 
completeness of the application file and communicate it to the project promoter. The 
application  file  submitted  by  the  project  promoter  shall  be  considered  as  being 
complete, unless, within the period of two months from the date of submission, the 
competent authority makes a request regarding missing information to be submitted 
by the project promoter. That request shall be limited, as regards the material scope 
and level of detail, to the elements identified in the detailed application outline. Any 
additional request for information shall only result from exceptional and unforeseen 
new circumstances and shall be duly justified by the single competent authority. 

The  single  competent  authority  shall  assess 
the  application  and  adopt  a 
comprehensive decision within the period of one year from the date of submission of 
the complete application file in accordance with paragraph 7. Member States may set 
an earlier time-limit, where appropriate. 

The  time  limits  in  the  above  provisions  shall  be  without  prejudice  to  obligations 
arising  from  Union  and  international  legal  acts,  as  well  as  to  administrative  appeal 
procedures and judicial remedies before a court or tribunal.  

Article 7 

Coordination of cross-border permit granting procedure 

For  projects  that  involve  two  or  more  Member  States,  the  competent  authorities  of 
the  Member  States  concerned  shall  align  their  timetables  and  agree  on  a  joint 
schedule. 

The  European  Coordinator  referred  to  in  Article  45  of  Regulation  (EU)²  No 
1315/2013  shall  be  empowered  to  closely  follow  the  permit  granting  procedure  for 
cross-border  projects  of  common  interest  and  to  facilitate  contacts  between  the 
involved competent authorities.  

Without  prejudice  to  the  obligation  to  comply  with  the  time  limits  under  this 
Regulation,  if  the  time-limit  for  the  comprehensive  decision  is  not  observed,  the 
competent  authority  shall  immediately  inform  the  European  Coordinator  concerned 
about  the  measures  taken  or  to  be  taken  to  conclude  the  permit  granting  procedure 
with the least possible delay. The European Coordinator may request the competent 
authority to regularly report on progress achieved. 

CHAPTER III PUBLIC PROCUREMENT 

Article 8 
Public Procurement in cross-border projects of common interest 

Public procurement in  cross-border projects of common interest shall be  conducted 
in accordance with the Treaty and Directives 2014/25/EU and/or 2014/24/EU. 

In  case  the  procurement  procedures  are  conducted  by  a  joint  entity  set  up  by  the 
participating Member States, that entity shall apply the national provisions of one of 

7. 

8. 

9. 

1. 

2. 

3. 

1. 

2. 

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those  Member  States  and,  by  way  of  derogation  from  these  Directives,  those 
provisions shall be the provisions determined in accordance with point (a) of Article 
57(5)  of  Directive  2014/25/EU  of  the  European  Parliament  and  of  the  Council  or 
point (a) of Article 39(5) of Directive 2014/24/EU of the European Parliament and of 
the  Council,  as  applicable,  unless  an  agreement  between  the  participating  Member 
States  provides  otherwise.  Such  an  agreement  shall  in  any  case  provide  for  the 
application  of  a  single  national  legislation  in  case  of  the  procurement  procedures 
conducted by a joint entity. 

CHAPTER IV TECHNICAL ASSISTANCE 

Article 9 
Technical assistance 

On the request of a project promoter or Member State, in accordance with the relevant Union 
funding  programmes  and  without  prejudice  to  the  Multi-Annual  Financial  Framework,  the 
Union shall make available technical assistance for the implementation of this Regulation and 
the facilitation of the implementation of projects of common interest. 

CHAPTER V FINAL PROVISIONS 

Article 10 
Transitional provisions 

This Regulation shall not apply to the administrative procedures which started before the date 
of its entry into force. 

Article 11 
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 

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