CELEX: 51993PC0115(01)
Language: en
Date: 1993-04-19
Title: AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION introducing a declaration of European interest to facilitate the establishment of trans-European networks in the transport domain

COMMISSION OF THE EUROPEAN COMVTUNITIES
                                                     C0M(93)115 final
                                                     Brussels, 19 Apr I I 1993
                            AMENDMENTS TQ THE PROPOSAL
                             FOR A COUNCIL REGULATION
         Introducing a declaration of European Interest to facilitate
    the establishment of trans-Eurooean networks In the transport domain
                            AMENDMENTS TO THE PROPOSAL
                             FOR A COUNCIL REGULATION
         Introducing a declaration of European Interest to facilitate
     the establishment of trans-European networks In the electricity and
                                natural gas domain
                            AMENDMENTS TO THE PROPOSAL
                             FOR A COUNCIL REGULATION
       tntr9<faÇlnfl « declaration Qf European Interest tQ facilitate the
 establishment of trans-European networks In the telecommunications domain
                            (presented by the Commission)
 ---pagebreak---                                       A
                            I.  EXPLANATORY MEMORANDUM
1. At its sitting on 20 November 1992, the European Parliament delivered
its opinion1 on the three proposals for Council Regulations introducing a
declaration of European interest in the transport, electricity and natural
gas, and telecommunications domains.
2. At its meeting on 1 July 1992, the Economic and Social Committee had
also given an opinion2 on these proposals.
3. Since the legal bases are different in the three areas concerned
(transport, telecommunications and energy), the Commission has presented
three separate proposals for Regulations, but these are identical in
substance. The present proposal takes account of the amendments put forward
by Parliament and the Economic and Social Committee and deemed acceptable by
the Commission. In inserting them in the three proposals the Commission was
anxious to preserve the uniformity and consistency of the three texts;
consequently, certain amendments have not been incorporated as drafted
either because a different wording appeared preferable or because the text
put forward was not the same in all three areas.
4. The Commission      was,  however, unable   to accept two of  the  proposed
amendments:
 (i)      Amendment No 2 in the transport domain (amendment No 4 in the case
          of energy and telecommunications), whereby Member States would be
          invited to examine what financial or tax advantages can be granted
          to projects. In the Commission's view, it is for the Member States
          to take any such initiatives, and the granting of the declaration
          should not confer on projects an entitlement to finance at any
          stage;
 (ii)     Amendment No 10 in the transport domain (amendments Nos 14 and 15 in
          the case of energy and No 13 in the case of telecommunications).
          This would expand point 5 of the eligibility conditions by providing
          that the environmental impact of the project must be acceptable and
          that the scope of the environmental impact study must extend beyond
          the frontiers of the Community in the case of cross-border projects
           involving a third country. The Commission takes the view that this
          amendment would impose constraints that could not be observed and
          would be incompatible with Directive 85/337/EEC.
 1   Opinion delivered on 20 November (not yet published).
 2   0J No C 287 of 4 November 1992.
 ---pagebreak---                                        - 2 -
                            AMENDMENTS TO THE PROPOSAL
                             FOR A COUNCIL REGULATION
         Introducing a declaration of European Interest to facl Mtate_iho_
        establishment of trans-European networks In the transport domain
In response to the opinions delivered by Parliament on 20 November 1992 and
by the Economic and Social Committee on 1 July 1992 on the proposal for a
Council Regulation      introducing a declaration of European interest to
facilitate the establishment of trans-European networks in the transport
domain, the Commission has, in accordance with Article 149(3) of the Treaty
establishing the European Economic Community, decided to amend that proposal
as fo11ows:
-  The fifth recital Is amended as follows:
   "Whereas a determination by the Community institutions to promote and
   facilitate the implementation of projects recognized as being of European
    interest and as being sound In socio-economic terms is likely to
   facilitate their financing privately-,";
-  The following recital is inserted between the ninth and tenth recitals:
   "Whereas» at all events, this declaration should nevertheless constitute
   grounds for considering whether the project can be supported by means of
   a Community       financial   Instrument  or  by measures     taken by  the
   Member States;":
-  The following paragraph is added to Article 2:
   "In tha event of such a declaration being granted, the Commission shall
   consider, within the limits of its powers and in accordance with the
   provisions governing the corresponding instrument, whether the project in
   Question may receive aid from one of the financial instruments of the
   Community.":
-  The following paragraph is added to Article 3:
   "A project in respect of which a declaration of European interest is
   sought mav be submitted by any Member State concerned, by the regional
   or local authorities or by one or more project promoters.":
-  The third and fourth paragraphs of Article 4 are amended as follows:
    "If, following this evaluation, the Commission considers that the
   conditions have been satisfied, it shall           invite the Member States
   concerned to make known their observations within a period of not more
   than three months.
   The Commission shall also publish a description of the project, its main
   features and a stateir.ont as to its eligibility for a declaration of
   European interest in the Official Journal of ths European Communities,
   .'.'ith a view to allowing other interested parties io express their views.
    Interested parties shall have two months from '.he date of pub' icivt ic•:•;
   within which to rr.ake known their opinions to the Commission.";
 ---pagebreak---                                   - 3 -
The second paragraph of Article 5 is amended as follows:
"The grant of the declaration of European interest to a project shall be
decided by the Commission in accordance with the procedure laid down in
Article 6, within six months of the date on which a complete dossier was
submitted to the Commission In accordance with the conditions laid down
In the Annex.   In duly Justified circumstances the Commission may extend
this period.";
The following paragraph   is added to Article 7:
"The Commission shall Inform the European Parliament each year of the
projects which have been granted a declaration of European Interest and
of those which have been rejected. giving the. reasons far sjucJi
rejections.":
Point 1 of the Annex   is amended as follows:
 "The project must generate direct P O S I t I v e effects in the Community. A
 joint project involving one or more Member States of the Community and
one or more third countries may also be submitted for consideration for
a declaration of European interest.";
The following is added to Point 2 of the Annex:
 "The project must be clearly described and defined in all its aspects
 (nature and content of the project, objectives and expected economic and
 social benefits, participants, future users, populations and              local
 communities concerned, location, timetable for implementation, technical
 specifications and other relevant information).".
 ---pagebreak---                                        - 4 -
                            AMENDMENTS TO THE PROPOSAL
                             FOR A COUNCIL REGULATION
       introducing a declaration of European Interest to facilitate tha
                establishment of trans-European networks in the
                       electricity and natural gas domain
In response to the opinions delivered by Parliament on 20 November 1992 and
by the Economic and Social Committee on 1 July 1992 on the proposal for a
Council Regulation introducing a declaration of European interest to
facilitate the establishment of trans-European networks in the electricity
and   natural    gas   domain,   the Commission    has,   in accordance  with
Article 149(3) of the Treaty establishing the European Economic Community,
decided to amend that proposal as follows:
    The fourth recital is amended as follows:
    "Whereas a determination by the Community institutions to promote and
    facilitate the implementation of projects recognized as being of
    European interest and as being sound in socio-economic terms is likely
    to facilitate their financing privately;";
    The following recital is inserted between the eighth and ninth recitals:
    "Whereas, at all events, this declaration should nevertheless constitute
    grounds for considering whether the project can be supported by means of
    a Community      financial    instrument or by measures taken by the
    Member States:":
    The following paragraph is added to Article 2:
    "In the event of such a declaration being granted, the Commission shall
    consider, within the limits of its powers and in accordance with the
    provisions governing the corresponding instrument, whether the project
     in Question may receive aid from one of the financial Instruments of the
    Community."-.
    The following paragraph is added to Article 3:
    "A project in respect of which a declaration of European interest is
    sought may be submitted by any Member State concerned, by the regional
    or local authorities or by one or more project promoters.":
    The third and fourth paragraphs of Article 4 are amended as follows:
    "If, following this evaluation, the Commission considers that the
    conditions have been satisfied, it shall invite the Member states
    concerned to make known their observations within a period of not more
    than three months.
    The Commission shall also publish a description of the project, its main
    features and a statement as to its eligibility for a declaration of
    European interest in the Official Journal of the European Communities,
    with a view to allowing other interested parties to express their views.
     Interested parties shall have two months from the date of publication
    within which to make known their opinions to the Commission.";
 ---pagebreak---                                 - 5 -
The second paragraph of Article 5 is amended as follows-.
"The Commission shall grant the declaration of European interest within
six months of the date on which a complete dossier was submitted to the
Commission in accordance with the conditions laid down In the Annex. In
duly justified circumstances the Commission may extend this period.";
The following two paragraphs are added to Article 7:
"The Commission shall Inform the European Parliament each year of the
projects which have been granted a declaration of European Interest and
of those which have been rejected. giving the reason? for such
rejetions.
The Commission shall also take account of the progress made In the area
of *nerfly infrastructures in formulating the guidelines for a Community
pnergy policy;
Point 1 of the Annex is amended as follows:
"The project must generate direct D P S 111ve effects in the Community. A
Joint project involving one or more Member States of the Community and
one or more third countries may also be submitted for consideration for
a declaration of European interest.";
The following is added to Point 2 of the Annex:
"The project must be clearly described and defined in all its aspects
(nature and content of the project, objectives and expected economic and
social benefits, participants, future users, populations and local
communities concerned, location, timetable for implementation, technical
specifications and other relevant information).".
 ---pagebreak---                                       - 6 -
                           AMENDMENTS TO THE PROPOSAL
                            FOR A COUNCIL REGULATION
       Introducing a declaration of European interest to facilitate the
  establishment of trans-Eurooean networks In the telecommunications domain
In response to the opinions delivered by Parliament on 20 November 1992 and
by the Economic and Social Committee on 1 July 1992 on the proposal for a
Council Regulation introducing a declaration of European interest to
facilitate     the   establishment    of   trans-European   networks  in   the
telecommunications     domain,  the    Commission  has,   in accordance   with
Article 149(3) of the Treaty establishing the European Economic Community,
decided to amend that proposal as follows:
     The fourth recital is amended as follows:
     "Whereas a determination by the Community institutions to promote and
     facilitate the implementation of projects recognized as being of
     European interest and as being sound in socio-economic terms is likely
     to facilitate their financing privately;";
     The following recital is inserted between the eighth and ninth recitals:
     "Whereas, at all events, this declaration should nevertheless constitute
     grounds for considering whether the project can be supported by means of
     a Community     financial   Instrument or by measures taken by the
     Member States;";
     The following paragraph is added to Article 2:
     "In the event of such a declaration being granted, the Commission shall
     consider, within the limits of Its powers and in accordance with the
     provisions governing the corresponding Instrument, whether the project
     in guest ion may receive aid from one of the financial instruments of the
     Community:":
     The following paragraph is added to Article 3:
     "A project in respect of which a declaration of European interest is
     sought may be submitted by any Member State concerned, by the regional
     or local authorities or by one or more project promoters.":
     The third and fourth paragraphs of Article 4 are amended as follows:
     "If, following this evaluation, the Commission considers that the
     conditions have been satisfied, it shall invite the Member States to
     make known their observations within a period of not more than three
     months.
     The Commission shall also publish a description of the project, its main
     features and a statement as to its eligibility for a declaration of
     European interest in the Official Journal of the European Communities,
     with a view to allowing other interested parties to express their views.
     Interested parties shall have two months from the date of publication
    within which to make known their opinions to the Commission.";
 ---pagebreak---                                 - 7 -
The second paragraph of Article 5 is amended as follows:
"The Commission shall grant the declaration of European interest to a
project within six months of the date on which a complete dossier was
submitted to the Commission In accordance with the conditions laid down
In the Annex. In duly Justified circumstances the Commission may extend
this per iod.";
The following paragraph is added to Article 7:
"The Commission shall Inform the European Parliament each year of the
projects which have been granted a declaration of European Interest and
of those which have been rejected, giving the reasons for such
reject ions/';
Point 1 of the Annex is amended as follows:
"The project must generate direct POSitive benefits in the Community. A
joint project involving one or more Member States of the Community and
one or more third countries may also be submitted for consideration for
a declaration of European interest.";
The following is added to Point 2 of the Annex:
"The project must be clearly described and defined in all its aspects
(nature and content of the project, objectives and expected economic and
social benefits, participants, future users, populations and local
communities concerned, location, timetable for implementation, technical
specifications and other relevant information)."
 ---pagebreak---                                                                      ISSN 0254-147S
                                                               COM(93) 115 final
                                                      DOCUMENTS
EN                                                                              07
                                 Catalogue number : CB-CO-93-142-EN-C
                                                             ISBN 92-77-53898-8
Office for Official Publications of the European Communities
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