CELEX: 51988PC0340
Language: en
Date: 1988-06-16
Title: Proposal for a Council Regulation for an action programme in the field of transport infrastructure with a view to the completion of an integrated transport market in 1992 (Submitted by the Commission)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 340
Vol. 1988/0124
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM ( 88 ) 340 final
                                                     Brussels / 16  June 1988
  Proposal for a Council Regulation for an action programme in the field
        of transport infrastructure with a view to the completion of
                   an integrated transport market in 1992
                         ( Submitted by the Commission )
                        ii  12 /
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 ---pagebreak---                                                                             O***- i'HO
    Proposal for a Council Regulation for an action programme in the field
            of transport infrastructure with a view to the completion of
                        an integrated transport market in 1992
                                 Explanatory Memorandum
1.  The Commission has already sent to the Council a comprehensive programme
                                                                                     1
    for action in the medium term in the field of transport infrastructure .
    There has been a general welcome for the basic principle of Community
    activity in relation to infrastructure and agreement has been reached by
    the Council on the objectives of a policy for transport infrastructure and
                                                                    2
    criteria for assessing the Community interest of projects .          However ,
    no agreement has been possible on the Commission proposal to set up a
    comprehensive regulation , although this is strongly supported by the
    European Parliament and the Economic and Social Committee .^
    Notwithstanding the lack of formal adoption for the Medium-Term Programme
    it has been possible for the Council to reach agreement on specific
    proposals .      The last of these proposals was approved at the end of
    1987 . 4
2 . The development cf the (brnmon Transport Policy before 1992 requi res speci fi c act ion
    in the field of infrastructure ( doc . COM(87)100 of 15.2.87 ).        For this
    reason the Commission puts forward this specific Regulation , which is
    designed to link into the series of actions the Commission is undertaking
    to achieve this target .
    Ic0M(86)340, 27 June 1986 .
    fcouncil Meeting of 11 November 1986 .
    ^C0M(87)448,     30 September 1987 .
     Council Régulation No 4070 / 87 , 22   December 1987 .
                                                                                             Jt>
 ---pagebreak---                                        - 2 -
   This Regulation would give the Community powers to act in relation to
   a clearly defined set of priority actions 112 in all ) that are linked
   closely to the traffic needs associated with a " Europe without Frontiers "
   ( Article 3 ).  The aim would be to provide Community support to projects
   whose early realization would facilitate the movement of Community goods
   and passengers , possibly also involving important transit routes .    The
   objectives and criteria ( Articles 1 and 4 ) for the Action Programme are
   those that the Council has already considered and approved .
3. The application of the principles of concentration and coordination of
   Community resources is reflected in Article 2 .     For projects of Community
   interest , all the possibilities of Community support will be considered ,
   including the "declaration of European interest " as soon as the Commission 's
   proposal on the financing of large infrastructure projects^ has been adopted .
4. The rest of the proposal follows closely on provisions that have been
   applied in past Regulations .   Article 7 responds to the opinion of
   Parliament regarding the necessary budgetary transparency .
   For the years 1988 and 1989 a list of potential projects has been prepared
   in the 12 priority areas and these are shown in the accompanying Annex .
   1 C0M(86)722 final, 15 December 1986.
 ---pagebreak---                                          - 3 -
5. This action programme will be the first stage of a multiannual Community
   policy on transport infrastructures .   The experience gained in its
   implementation will enable the Council to decide on the Medium-Term Programme .
6. The Regulation will expire at the end of 1992 .   Provision is made in
   Article 10 for further Community activity in this area after 1 January 1993 .
                                                                                   '“1 !
 ---pagebreak--- Proposal for a Council Regulation for an action programme in the field of
        transport infrastructure with a view to the completion of
                 an integrated transport' market in 1992
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 75 and 84 thereof ,
                                                    1
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,^
Having regard to the opinion of the Economic and Social Committee ,^
Whereas the Commission has defined in the Medium Term Programme for Transport
infrastructure ( 4 ) the policy to implement in the field of transport
infrastructure ;
Whereas the completion of the internal market and a common transport policy
call for a Community action programme aimed at the harmonious development
of transport networks in the Community ;
Whereas the setting up of rapid and efficient links between al regions of
the Community is an essential condition for reinforcing its economic and
social cohesion ;
(1)  .
(2)  .
( 3) .
(4)  C0MC86 ) 340, of 27 June 1986
 ---pagebreak---                                     - 2 -
 Whereas it is necessary to take account of both the interests of users and
 the demands of environmental protection , safety and the rational use of
•energy ;
 Whereas infrastructure projects can have an impact on the development of
 new technologies , the improvement of industrial competitiveness and the
 revival of employment ;
 Whereas Community action through the structural Funds , the European Investment
 Bank ( EIB) and the other financial instruments can contribute to the building
of transport infrastructure works of Community interest ;
 Whereas specific financial support for transport infrastructure projects
 can provide an essential stimulus to the promotion and launching of projects
of Community interest ;
Whereas the application of private-sector capital can contribute to the
 implementation of transport infrastructure projects ;  and whereas the
"declaration of European interest " procedure , once adopted by the Council ,
would help to channel private-sector capital towards major projects of
 European interest ;
 Whereas it is important to ensure that projects are properly coordinated
 and their financing efficiently programmed ; and whereas it is therefore
 appropriate for financial support to be granted in the framework of a
 programme ;
 Whereas it is important to define the scope of such a programme , in particular
 by its direct objectives and the measures to be carried out ;
 Whereas the value to the Community of the projects to be assisted ought
 to be established on the basis of objective criteria ;
 Whereas Community assistance is necessary at all stages of the projects and
 especially in their launch phase ,
                                                                                 tû
 ---pagebreak---                                      - 3 -
HAS ADOPTED THIS REGULATION :
                                 Article 1
The Community shall contribute to transport infrastructure projects of
Community interest within the framework of the action programme defined
below and aimed at :
- the elimination of bottlenecks ,
- the integration of areas which , geographically , are either landlocked or
  situated on the periphery of the Community ,
- the reduction of costs associated with transit traffic in cooperation
  with any non-member countries concerned ,
- the improvement of links on land / sea routes ,
- the provision of high-quality links between the major urban centres ,
  including high-speed rail links .
                                 Article 2
The Community 's contribution may , among other things , take the form of
a declaration of European interest , within the meaning of Article 5 of
Council Decision ... of ... on the financing of large-scale infrastructure
projects of European interest , financial assistance through appropriations
provided for this purpose in the budget of the European Communities and ,
where applicable , through other financial instruments .
 ---pagebreak---                                      - 4 -
                                   Article 3
The programme , which shall be launched    with an integrated transport market
in view, shall cover the following :
- studies and preparatory work to be defined following consultation with
   the Transport Infrastructure Committee ,
- construction of a combined transport network based on the results of the
   study now under way ,
- development of new telecommunication and teleinformation technologies
   to improve the management of road traffic and information to car
   and commercial vehicle drivers ,
- improvement of the Paris - Madrid-Barcelona -Lisbon -Porto- Algeci ras road
   and rail transit routes ,
- improvement of infrastructure associated with the Channel tunnel ,
- construction of a high-speed rail line between Paris , London , Brussels ,
   Amsterdam , Cologne ,
- improvement of the North-South transit link in Ireland to serve the
   ports of Lame.,    Belfast , Dublin and Rosslare ,
- modernization of the North-South inland waterway network between the
   Netherlands , Belgium and France ,
- construction of the 'Scandinavian link' ,
- modernization of the transit routes between Southern Germany / Italy-Greece ,
- international links in frontier areas ,
- improvement of other Alpine transit routes , in particular for access to Italy .
                                   Article 4
 The eligibility of transport infrastructure projects for financial support
 shall be assessed on the basis of the following criteria :
 ---pagebreak---                                           - 5 -
- The benefit of the project to the Community , assessed by its contribution to
                                                                i
   the objectives set out in Article 1 . Among the factors which must be included
   are :
   . the importance of present or potential intra-Community internal traffic ,
   . the importance of exchanges between the Community and non-Member States on
     the route involved in the project ,
   v the extent of the project 's contributions to the creation of an homogenous
     and balanced network within the Community framework , geared to existing and
     future transport needs ,
-   The socio-economic return on the project ,
-   Whether the project is consistent with other Community measures under the
    common transport policy or other Community policies , and with other national
    measures given priority in national transport infrastructure plans and
    projects .
                                      Article 5
1.   Community financial support may be granted for feasibility studies or
     preparatory work for infrastructure projects , for related schemes and for
     the development of a part or the whole of a project .
2.   The appropriations specifically entered in the budget of the European Communities
     to contribute to the financing of transport infrastructure projects may
     take the form of subsidies or any other form required by the financial
     structure of the project .
3.   The share of the specific appropriations in the financing of a project may
     not exceed 25% of the total cost of the project or of that part of the
     project granted assistance .   This contribution may be increased to a
     maximum of 50% in the case of studies prior to construction work .
                                                                                       4
 ---pagebreak---                                    - 6 -
The contributions from all Community budget sources may not , as a general
rule , exceed 50% of the total cost of the project or of that part of the
project granted assistance , except in cases where higher rates of contribution
are provided for .
A project may be granted Community support only if the obligations under
Community law concerning public procurement are met in full .
                                 Artide 6
Where the financial instruments referred to in Article 2 are used , the rules
and the procedures proper to each shall be followed .
In respect of the specific appropriations , grant applications shall be
sent to the Commission through the Member States or through any agency or
body empowered by one or more Member States to undertake a project of
Community interest .
Each application shall include the background information necessary and
in particular :
- an itemized list of forecast expenditure ,
- a schedule of work and financial commitments ,
- information necessary for the evaluation of the Community interest of
  the project ,
- a non-technical summary of the environmental impact assessment carried
  out in accordance with Directive 85 / 337 / EEC .
The Member States or bodies referred to in paragraph 1 shall provide the
Commission with any further information it considers necessary for
assessing a project .
 ---pagebreak---                               Article 7
1. Each year , no later than the submission of the preliminary draft
   budget for the following financial year , the Commission shall
   send to Parliament and the Council a communication describing the
   projects in respect of which applications have been received in
   accordance with Article 6 and which are eligible , under the
   action programme and in the light of the objectives laid down
   in Article 1 , for support from the specific appropriations
   referred to in Article 2          of this Regulation .
2. The description referred to in paragraph 1 shall include at least
   the following background information :
   -  the main grounds for the eligibility of the project under
      Articles 1 and 3 ;
   -  the size and nature of the financial support proposed ;
   -  the background information set out in Article 6 § 2 .
3. Since the requirements of paragraph 1 cannot be met in the launching
   period of the programme , a list of projects considered to be
   eligible is annexed . This list was prepared on the basis of this
   Regulation and takes account of the national programmes presented
   in the consultation procedure established by Decision 78 / 174 / EEC .
 ---pagebreak---                                      8 -
                                 Artide 8
The Commission , following   consultation of the Transport Infrastructure
Committee established by Decision 78 / 174 / EEC on the evaluation and
technical aspects of projects , shall decide on the grant of financial
support . The financial support shall be granted in accordance with
Article 5 ; the amount shall take account of the interest of projects
as assessed on the criteria set out in Article 4 .
                                 Article 9
1.  Where a project which has received financial support has not been
carried out as planned , or where the conditions imposed are not fulfilled ,
the financial support may be reduced or cancelled if the Commission so
decides after considering the explanations given by the beneficiary .
Any sum paid incorrectly shall be repaid to the Community by the beneficiary
within 12 months of the date of notification of such decision .
2 . Without prejudice to checks carried out by the Member States in
accordance with national laws , regulations or administrative provisions ,
and without prejudice to the provisions of Article 206(1 ) and Article 209(c )
of the Treaty , on-the- spot checks or enquiries in respect of projects
receiving financial support shall be carried out by the competent
authorities of the Member State concerned and by representatives of the
Commission , or other persons authorized for this purpose by the latter .
The Commission shall determine deadlines for the performance of checks
and as a preliminary inform the Member States in order to receive all
necessary assistance .
 ---pagebreak---                                    - 9 -
3 . The purpose of these on-the - spot checks or enquiries relating to
operations receiving financial support is to ascertain :
(a) the  conformity of administrative practices with Community rules ;
(b) the  existence of supporting documents and the fact that they correspond ;
(c) the  conditions under which operations are executed and checked ;
(d) the  conformity of the projects carried out with the conditions subject
    to which financial support was granted .
4 . The Commission may suspend payment of aid in respect of an operation
if a check reveals irregularities or a substantial change in the nature
or conditions of the project for which the Commission’s approval has not
been sought .
                                Article 10
The Commission will send to the Council and to Parliament before
31 December 1991 a report on the experience gained in the action
programme .
Before 31 December 1992 , on the basis of this report , the Council will
decide , on a proposal from the Commission , the continuation of the
transport infrastructure programme from 1 January 1993 .
                                Article 11
This Regulation shall enter into force on the day of its publication
in the Official Journal of the European Communities .
It shall be binding in its entirety and directly applicable in all Member
States .
 ---pagebreak---                             Financial record
1. Budget heading
   Article 580 : Financial support for transport infrastructure projects .
2. Legal basis
   To be created by the proposed Regulation , on the basis of
   Articles 75 and 84 of the Treaty .
3. Classification of the expenditure
   Non-compulsory expenditure ( in accordance with the annex to the
   joint declaration of 30 June 1982 ).
4. Description and justification
   The financial support from the Community can take the form of subsidies
   or any other form required for the financing of the project .
   The projects are an integral part of an action programme designed to
   serve the completion of the internal market by 1992 . Their
   eligibility for financial support and the amount of the support
   granted is to be assessed on the basis of the provisions set out
   in the Regulation .
   The use of Community budget appropriations is justified by the overall
   benefits that the Community receives from the accelerated completion
   of projects of Community interest .
5. Type of expenditure and method of calculation
   (a)  Type of expenditure
        Subsidies to Member States or bodies empowered to undertake
        projects of Community interest .
                                                                 ./.
 ---pagebreak---                                      - 2 -
     (b)   Method of calculation
           Time will be necessary for governments to adapt their
           programmes to Community priorities . It is estimated that
           a group of projects of a total cost of the order of
           5 000 - 6 000 million ECU could benefit from an accelerated
           start thanks to the Action Programme , leaving aside projects
           assisted from other Community sources . The benefits to be
           achieved from this early start would be close to the
           subsidies granted for this purpose .
           The rate of support is based on the specific Community
           benefits and the " resistance level " encountered by a State
           in seeking to speed up its programme ( the budget situation ,
           especially in those countries called upon to make a special
           effort to catch up on public investments ). Experience ( of
           experimental programmes ) suggests that the rate should vary
           between 15 and 30% .   The rate of assistance will be less for
           the projects which have a high financial profitability .
6.   Financial implications for operating appropriations
6.1 . Timetable
Commitments            M ECU    1988   1989   1990   1991   1992    Later
                                                                    years
Appropriations    88     60       18            30            12        –
                  89    120              36     –
                                                       60     –
                                                                        24
                  90    150                     45     –
                                                               75       30
                  91    150                            45     –
                                                                       105
                  92    150                                   45      105
Total                   630       18     36     75    105    132      264
7.   Financing of operating appropriations
     Appropriations entered in Article 580 .
8.   Financial implications for staff and administrative appropriations
     1 A post and 1 B post are required to ensure proper control and
      management of the programme . These posts will be found Dy internal
      redeployment within the services concerned .
 ---pagebreak---                                                                      ANNEX
           SCHEMES CONSIDERED TO MERIT INCLUSION IN THE LAUNCHING PHASE
                                 OF THE ACTION PROGRAMME IN 1988 AND 1989
 ACTION      Combined transport network
 1.    RAIL PROJECTS :     Widening of the loading gauge , United Kingdom /
                           Benelux / Italy , tunnels :
                           -   Belgian f rontier-Di jon
                           -   Amberieu-Modane
 ACTION Improvement of road and rail transit routes
            Par i s -Madrid- Barcelona- Lisbon-Porto-Algeci ras
 2.    ( RAIL PROJECTS ) Modernization of the Lisbon-Porto line (" Linha
       do Norte ")
 3.    Construction of a new line , Lisbon- Evora - Elvas ( Madrid )
 4.    Construction of a Guadarrama tunnel and approaches for a new
       north access to Madrid (" Accesso Norte ")
 5.    Construction of a new Zaragoza-Lerida section on the Madrid-Barcelona line
 6.    Construction of a new line Madrid- Cordoba - Sevi l la ( Algerci ras ) ,
 7.    ( ROAD PROJECTS ) Works for a new two-lane dual carriageway ,
       Li sbon/Porto- Coimbra -Vi lar Formoso
 8.    Modernization of the Lisbon - Evora - Elvas road
 9.    Completion of the Madrid-Burgos expressway
10 .   Completion of the Madrid-Zaragoza expressway
11 .   Completion of the Madrid-Lisbon expressway
12 . . Modernization of the N620, Burgos-Portuguese border
13 .   Completion of the Madrid-Sevi l la-Algerci ras expressway .
 ---pagebreak---                                       - 2 -
ACTION Improvement of infrastructure associated with the
          Channel tunnel
14. ( RAIL PROJECTS ) New fast rail links between Paris and London
     connected with the Channel tunnel , on the sections :
     - Channel tunnel - London
     - Channel tunnel - Paris
15 . ( ROAD PROJECTS ) Completion of a motorway link from the tunnel exit
     to Rouen
16 . Expressway , Channel tunnel-Belgian frontier
17 . New motorway ( E40 ), French Border-Veurne
18 . M2 motorway London-Dover , provision of additional capaci ty
19 . Completion of the M20 motorway Dover-London , sections :             ,i
     - Maidstone by-pass
     - Folkestone-Dover ( A20 ).
ACTION    Construction of a high-speed railway line , London-Paris -
          Brussels - Amsterdam- Cologne
20 . ( RAIL ) Construction of new or up-graded facilities for high-speed
     trains , Paris/Brussels , Amsterdam, Cologne
ACTION    Improvement of the North-South transit route in Ireland
21 . ( ROAD ) . Dublin ring road
22.           . Balbriggan by-pass
                                                                  ./.
 ---pagebreak---                                              - 3 -
    ACTION     Modernization of the North-South inland waterways network
               between the Netherlands , Belgium and France .
    23. ( WATERWAYS ) Improvement and widening of the Zuid-Beveland canal
I
►   ACTION     Construction of the " Scandinavian link "
    24 . ( RAIL / ROAD ) Sjelland-Fynnen fixed link
    25 - ( ROAD )     Completion of the small " h " motorway
   ACTION. Modernization of the transit route Southern Germany / italy-Greece ,
    26- ( RAIL )      Doubling and up-grading of the N-S rail line in Greece :
                     Idomeni-Thessa loni ki -Alexandropolis / Athens
    27. Modernization of the line in Greece : Athens-Patrai
    28. ( ROAD )     Completion of the Evzoni-Athens motorway
    29 . Completion of the Athens- Korintos -Patrai motorway
   ACTION      International links in frontier regions
   30 . ( ROAD ) Motorway connection Germany-The Netherlands around Venlo .
                     Sections :
                   .    BAB 61-Venlo ( Venlo-Tegelen )
                   .    Boxmeer-Venlo
  31 .   Completion of the motorway Borne-German frontier
  32 . . Modernization of pyrenean crossings
   ACTION      Alpine links to Italy
    33.    ( RAIL ) Works on Brenner pass route