COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)
Date: 2021-06-15
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, 15.6.2021  COM(2021) 310 final 2018/0138 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)  
 
 
2018/0138 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Directive of the European Parliament and of 
the Council on streamlining measures for advancing the realisation of the trans-
European transport network (TEN-T) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2018) 277 final - 2018/0138 COD): 

17 May 2018. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

17 October 2018. 

Date  of  the  Committee  of  the  Regions  adopted  its  Opinion  on  the 
proposal:  

7 February 2019. 

Date of the position of the European Parliament, first reading: 

13 February 2019. 

Date of the Council agreement on a general approach: 

Dates of the trilogues:  

2 December 2019. 

3 February 2020. 

18 May 2020.  

8 June 2020.  

Date when the Committee of Permanent Representatives confirmed 
the compromise agreement:  

17 June 2020. 

Date when the TRAN committee of the European Parliament voted 
to endorse the compromise agreement:  

14 July 2020. 

Date  when  the  Committee  of  Permanent  Representatives  adopted 
the position of the Council (I/A Item):  

[9] June 2021.  

Date of adoption of the Council first reading position: 

[14] June 2021.  

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The Commission proposal on streamlining measures for advancing the realisation of the trans-
European  transport  network  was  presented  in  May  2018  as  part  of  the  3rd  mobility  package 
(Europe on the Move). The proposal is key for the completion of the core TEN-T network by 
the  agreed  deadline  of  2030  by  reducing  delays  encountered  in  the  implementation  of  TEN-T 
infrastructure  projects.  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. 

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3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

Change of the instrument from a Regulation to a Directive 

The Council’s position at first reading, adopted on 14 June 2021 and reflecting the outcome of 
the  negotiations  with  the  European  Parliament,  differs  on  many  formal  aspects  from  the 
original Commission proposal due to the change of the legal instrument from a regulation to a 
Directive.  However,  despite  these  significant  changes  to  the  Commission’s  proposal 
following  the  trilogues,  the  text  of  the  agreement  reached  adheres  to  the  objectives  of  the 
original Commission proposal to achieve faster permit-granting procedures and facilitation for 
the project promoter.  

The  most  important  changes  introduced  compared  to  the  Commission’s  proposal  include:  

Scope of application  

The  Commission  had  proposed  a  scope  of  application  linked  to  all  projects  of  common 
interest on the TEN-T core network.  

The scope of application now includes:  (1) the pre-identified cross-border links and missing 
links  of  the  TEN-T  core  network  corridors  as  contained  in  section  1  of  part  III  of  the 
Regulation Connecting Europe Facility 2021-20271; (2) projects on the core network corridors 
exceeding EUR 300 million. Not included are the projects that exclusively relate to telematics 
applications, new technology  and innovation  as defined in  the TEN-T Regulation2. Member 
States  can  choose  to  extend  the  scope  of  application  of  this  Directive  to  all  projects  on  the 
core network or even of the comprehensive network.  

The Commission can accept this amendment as it ensures that a broad and significant range of 
projects is covered, in particular the larger and complex infrastructure projects such as cross-
border sections.  

Designated Authority  

The “single competent permit granting authority” proposed by the Commission was changed 
into  a  “designated  authority”,  in  line  with  the  instrument  of  a  Directive  and  taking  into 
account  the  differences  in  Member  States.  The  clear  identification  for  each  project  of  a 
designated  authority  which  will  serve  as  a  contact  point  during  the  entire  procedure  and 
providing  the  relevant  information  will  facilitate  the  work  of  project  promoters.  The 
Commission can accept this amendment. 

Deadline for the permit-granting procedure 

The  Commission  original  proposal  envisaged  a  procedure  broken  down  in  several  different 
stages  with  accompanying  timeframes.  In  line  with  the  instrument  of  a  Directive,  the 
provision was changed, leaving more flexibility on the stages that Member States can foresee, 
but imposing an overall deadline of 4 years to conclude the entire permit-granting procedure. 
Additional safeguards were added, namely a limitation to the possibility of prolongations and 
the provision that any prolongation needs to be duly justified and the project promotor needs 
to be informed about it. The Commission can accept these amendments.  

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Commission  proposal  COM(2018)438  final  on  which  an  agreement  was  reached  between  the  co-
legislators on 11 March 2021 
Regulation (EU) No 1315/2013 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. 1–128 

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Coordination of cross-border permit-granting procedure and the role of the European 
Coordinators 

For  projects  involving  two  Member  States,  the  obligation  to  align  timetables  for  the 
permitting and to agree on a joint schedule was slightly amended. Nevertheless, the Directive 
ensures  that  the  authorities  of  Member  States  have  to  cooperate  in  case  of  cross-border 
projects  on  the  permit-granting.  Similarly,  the  wording  in  the  provisions  on  the  role  of  the 
European Coordinators in cross-border permit granting procedures was amended. The text of 
the  Directive  ensures  that  the  European  Coordinators  receive  information  on  the  permit-
granting  procedure,  may  facilitate  contacts  between  designated  authorities  and  may  ask  for 
information  when  the  deadlines  set  are  not  met.  The  Commission  can  accept  these 
amendments.  

Priority status  

The Commission proposal had foreseen that project promoters and authorities should give the 
most  rapid  legal  treatment  possible.  The  overall  concept,  asking  Member  States  that 
authorities  give  priority  to  projects  covered  by  the  Directive  during  the  permit  granting 
procedure,  remains.  The  Directive  amended  the  provision  on  the  application  of  specific 
permit-granting  procedures  for  priority  projects  which  already  exist  under  national  law  by 
allowing  for  testing  specific  permit-granting  procedures.  The  Commission  can  accept  these 
amendments.  

Reporting  

The Directive adds a reporting obligation for Member States to inform the Commission every 
two  years  on  the  number  of  permit-granting  procedures  falling  within  the  scope  of  this 
Directive,  the  average  length  of  the  procedures,  the  number  of  permit-granting  procedures 
exceeding the time limit and the establishment of any joint authorities. The Commission can 
accept this amendment.  

4. 

Conclusion 

In general, the agreement reached allows to reach the objectives of the Commission’s initial 
proposal,  maintaining  a  sufficient  the  level  of  ambition.  The  new  rules  will  make 
administrative  procedures  for  infrastructure  projects  more  efficient  and  transparent  and 
benefit  the  transport  sector  in  its  recovery  after  the  COVID-19  crisis  by  assisting  faster 
implementation  of  transport  infrastructure  projects.  The  Commission  accepts  the  position 
taken by the Council.  

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