CELEX: 51984PC0150(01)
Language: en
Date: 1984-02-27
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING SPECIAL MEASURES OF COMMUNITY INTEREST RELATING TO TRANSPORT INFRASTRUCTURE

No C 162/2                           Official Journal of the European Communities                                   22.6.84
                                                             II
                                                     (Preparatory Acts)
                                               COMMISSION
              Amendments to the proposal for a Council Regulation establishing special measures of
                                 Community interest relating to transport infrastructures
                                                   COM(84) 150 final/2
              (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                   on 28 February 1984)
                                                      (84/C 162/02)
THE COUNCIL OF THE EUROPEAN                                      the field to which they relate and due account has to
COMMUNITIES,                                                     be taken of the Commission's proposals for a multi-
                                                                 annual transport programme covering all modes of
Having regard to the Treaty establishing the                     transport (2) and the evaluation of the Community
European Economic Community, and in particular                   interest of transport infrastructures projects ( 3 );
Article 235 thereof,
                                                                 Whereas the Treaty has not provided for the powers
Having regard        to    the     proposal    from    the       of action required for this purpose;
Commission ('),
                                                                 Whereas the implementation of the projects or
Having regard to the opinion of the European Par-                measures provided for in this Regulation should be
liament,                                                         subject to the control of the Commission, as well as
                                                                 to the controls laid down by the Treaties and the
Whereas the Community should establish Community                 Financial Regulation,
policies which make it possible to assist Member
States which find themselves, in their relations with            HAS ADOPTED THIS REGULATION:
the Community, in a situation of financial imbalance
incompatible with economic efficiency;                                                   Article 1
Whereas any such imbalance should therefore be                   Special measures of Community interest relating to
corrected by means of expenditure in the context of              transport infrastructure are hereby established in 1984
Community policies;                                              for the Federal Republic of Germany and for the
                                                                 United Kingdom.
Whereas therefore it is necessary to establish special
measures of Community interest relating to transport                                     Article 2
infrastructure and involving financial contributions
from the Community to transport infrastructure                   1.    The special measures of Community interest
projects or measures in the Federal Republic of                  shall be implemented by means of financial assistance
Germany and the United Kingdom;                                  to undertake projects or measures which contribute to
                                                                 the realization of the common transport policy and,
Whereas the Community's financial contribution                   in particular, contribute to one or more of the
should be in favour of projects of Community interest            following objectives:
which have recently been started or are about to be
started, or of measures being carried out or about to            (a) elimination of notorious bottlenecks within the
be carried out in connection with the implementation                  Community;
of current projects of Community interest;                       (b) improvement of rail transport on routes that are
                                                                      important for long-distance transport, particularly
Whereas the projects or measures must be specified                    combined transport;
and supported by the information required in order to
retain only those which are of Community interest in
                                                                 (2) COM(83) 474 final.
C) OJ N o C 340, 20. 12. 1983, p. 4.                             (5) COM(81) 579 final; COM(82) 807 final.
 ---pagebreak--- 22. D . ^                                        COfficial]ournal of the European communities                                               ^oCM^2B^
^    improvement of traffic links between the outlying
     ^ones and the rest of the community by trunk
     routes^                                                                  t.     The commission shall examine the projects or
                                                                             measures submitted to it by each of the member
^    impro^ementof facilities f o r t h e i n t e r d i n k i n g o f        states concerned under this Regulation and shall refer
     modes of intraCommunity transport, particularly                         them for information to the Committee referred to in
     forthose^iember^tatesfor^hichcontacts^ith                               Articled.
     therestoftheC^ommunityareinfluencedbythe
     development of sea and air transports
                                                                             2.        Inaccordance^iththeprocedurelaiddo^nin
                                                                             Articled,the commission shall decide on^
^    modernisation of the inland^^ater^ay system.
                                                                             ^     the projects or measures meriting community
^fheprojectsor measures s h o u l d b e r e l a t e d a s f a r a s
                                                                                   assistance, in the light of the objectives referred
possible to the main trunk routes for each mode or
                                                                                   to in Article 2 td^ and the criteria laid d o ^ n in
transport.
                                                                                   Articled
2.    The projects or measures shall be submitted to                         ^     the amount of the C^ommunity^sfinancialcontrP
the Commission together ^ith all the information                                   bution, within the limits of the appropriations
necessary in order to assess^                                                      available.
— their conformity ^ i t h t h e o b j e c t i ^ e s r e f e r r e d t o i n
    paragraphs,                                                              ^.      The community's o^erallfinancial contribution
                                                                             may not exceed, for each project or measure, 60^o of
                                                                             the public expenditure provided for its execution.
— their conformity ^dth the eligibility criteria laid
    d o ^ n in A r t i c l e d
                                                                             ^.      community financial contributions shall be
— their Community interest taking                         account        of  made only in respect of projects or measures initiated
    Community transport policy,                                              aftert]anuaryr^
— the possibilities of verifying the executionof each                        l ^ o c o n t r i b u t i o n s h a l l b e m a d e i n respect of projects
    project and of auditing expenditure.                                     completed before the entry into force of this Regu
                                                                             lation.
^.    The commission may request any additional
information necessary for the examination of the said                        5.      The commissions decisions referred to in
projects or measures.                                                        paragraph2shall be published i n t h e C ^ c ^ A ^ ^ r ^ ^
                                                                             ^ ^ . ^ r ^ ^ C a ^ ^ ^ r ^ .
                                  A^AA^
                                                                                                                    Ar^cA^^
The projects or measures shall be eligible for a
financial contribution by the community provided                             t.      Appropriations relating to projects or measures
they a r e f i n a n c e d ^ h o l l y or i n p a r t b y publicauth         shall be entered in the budget of the European
orities. projects or measures, to be eligible for                            Communities.
Community assistance should be sho^n to be of
Community interest in terms of the following criteria^
                                                                             2.      ^ h e n the implementation of the project or
                                                                             measure has already started, the advance payment
— the significance of international traffic andBor                           shall be equal to the community share of the amount
    transit traffic,                                                         already committed, ascertifiedby the^viember ^tate
                                                                             concerned^ that amount may not, ho^e^er, exceed
— the nature of the existing bottlenecks and the                             ^O^Bo of the total Community contributions the
    improvements to be effected,                                             Commission shall first ensure that e^ery project or
                                                                             measure has been started as required by this Regu
— the potential for the specific improvement of                              lation.
    services to ports and airports serving routes to
    other Community countries,                                               In other cases,as soon as the commission has t a k e n a
                                                                             decision pursuant to Article ^ ^ , it ^dll grant an
— compatibility ^ith other Community policies,                               advance of 5 0 ^ o . A f u r t h e r advance of^O^Bo^ill be
                                                                             grantedonce^O^Boof the expenditure on the project
— absence of distortions of competition.                                     or measure has been made.
 ---pagebreak---  ^oCU^t                                            (Official journal of the European Communities                                         ^ . D . ^
 ^      Raymentof the t O ^ balance shallheeffected                            ^.     within the Committees the ^otes of the^viember
immediatelyafterthesumreferredtoinnaragranh^                                   states shall be weighted in accordance with Article
h a s b e e n u s e d u n ^ ascertifiedbytheC^o^ernmentof                       P ^ ^ o f t h e T r e a t y . T h e chairman shall not ^ote.
the member ^tate concerned^ nro^ided that
imnlementationof the nro^ect or measure proceeds as
nlanned and that onthe^snot checks ha^e been
                                                                                t. ^ h e r e the nrocedurelaid down i n t h i s A r t i c l e i s
carried out in accordance with the procedure
                                                                               to be followed^the chairman shall refer the matter to
nro^ided for Articled
                                                                               the Committee either on his own intiati^e or at the
                                                                               request of the representative o f a A i e m b e r ^ t a t e .
                                                                              ^.     The renresentati^e of the Commission shall
 t.     The Commission shall ensure that each nro^ect                         submit drafts of decisions to be taken. The
or measure is implemented in accordance with this                             committee shall deliver its opinion on the drafts
Regulations with the nro^isions adonted for its                               within a time limit which the chairman may fix
amplication and with the Regulations adonted                                  according to the urgency of the questions under
nursuanttoArticle^O^oftheTreaty.                                              consideration. An oninion shall be adonted by a
To this end^ each of the member states concerned                              qualified majority in accordance with Article t ^                  ^
shall sunnly the Commission with all information                              oftheTreaty.
requested by it and shall take all stens with regard to
                                                                              ^.     The commission shall adont decisions which
community assistednro^ectsor measures tofacilitate
                                                                              shall annly immediately, ^rdowe^er^ if these decisions
such supervisions as the Commission may consider
                                                                              are not in accordance with the oninion of the
annronriate^ including o n t h e s n o t checks made at its
                                                                              Committees they shall be communicated to the
request with thie annro^al of the member ^tate
                                                                              Council as soon as possible and at the latest within
concerned by the lattePs competent authorities^ in
                                                                              one month.In that e^ent^the Commission shall defer
which Commission officials may narticinate.
                                                                              amplication of the decisions it has adonted for not
Each member ^tate concerned shall make available to                           more than two months from the date of such a
theCommissiom for a n e r i o d o f t h r e e y e a r s f r o m i t s         communication. The Councils acting by a qualified
transfer of the balance referred to in A r t i c l e ^ ^ ^ all                ma^ority^ may take a different decision within two
sunnorting documents or certified conies thereof                              months.
relating to expenditure.                                                                                        A^cA^
                                                                               Each of the member states concerned shall^ in
^.      ^ h e r e a n r o i e c t or m e a s u r e i s n o t implemented
                                                                               agreement with the Commissions take the necessary
in conformity with this Regulation or departs sub
                                                                               stens to ensure that suitable nublicity is gi^en to the
stantially fromdecisions taken for itsannlicatiom the
                                                                               assistance granted under the Regulation.
commission may suspend nayments still due. In this
case^ it may also decide that sums already naid or still
                                                                                                               ArrA^^
due are to be allocated^ in accordance with the
procedure laid down in Article ^ to other nro^ects                             The commission shall twice a year renort to the
submitted under this Regulation. If^inthe opinion of                           Council and to the European Rarliament on the
the Commissions no other nro^ect or measure is                                 amplication of this Regulation.
a^ailable^ it shall recover the payments made.
                                                                                                               Ar^AB
                                                                               ThisRegulationshallenterintoforceonthedayof
t.      A management committee thereinafter called                             itsnublicationinthe               C ^ c ^ A ^ ^ ^ ^ ^ ^ ^ ^ ^ ^
^theC^ommittee^ is hereby established^ composed of
renresentati^es of the member states and chaired b y a                         This Regulation shall be binding in its entirety and
representative of the Commission.                                              directly annlicable in all Aiember states.