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TITHE AN OIREACHTAIS

An Comhchoiste um Chomhshaol, Iompar, Cultúr agus Gaeltacht

Tuarascáil maidir le Rannchuidiú an Chomhchoiste leis an gCoimisiún

Eorpach ar a Thogra le haghaidh Rialacháin maidir le treoirlínte Aontais

chun an Gréasán Tras-Eorpach Iompair a fhorbairt, Com(2011)650

Eanair 2012

_______________

HOUSES OF THE OIREACHTAS

Joint Committee on Environment, Transport, Culture and the Gaeltacht

Report on the Joint Committee’s Contribution to the European

Commission on its Proposal for a Regulation on Union guidelines for

the development of the Trans-European Transport Network,

Com(2011)650

January 2012

31ETCG002

PRN No. A12/0121

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T) kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

TITHE AN OIREACHTAIS

INDEX

Introduction

Decision of the Committee

Joint Committee’s Contribution on its Proposal for a Regulation

on Union guidelines for the development of the Trans-European

Transport Network, Com(2011)650

Page 3

Page 5

Appendices

Appendix 1:

Appendix 2:

Appendix 3:

Appendix 4:

Appendix 5:

Briefing provided by the Department of Transport, Tourism and

Sport

Extract of the Transcript of the meeting of 10 January 2012

COM(2011)650

Membership of the Joint Committee

Orders of Reference of the Joint Committee

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

Report on the Joint Committee’s Contribution to the European

Commission on its Proposal for a Regulation on Union guidelines for the

development of the Trans-European Transport Network, Com(2011)650

1. Introduction

The Joint Committee on Environment, Transport, Culture and the Gaeltacht at

its meeting of 8 December 2011 discussed the Commission’s proposal for a

Regulation on Union guidelines for the development of the Trans-European

Transport Network with the Minister for Transport during his briefing in

advance of the December meeting of the Transport Council. The Committee

subsequently considered this proposal on 15 December 2011 and agreed that

the proposal warranted further scrutiny and noted that there may be a

subsidiarity question to be addressed and a decision to be taken as to

whether a reasoned opinion would be required in response.

On 10 January 2012, the Joint Committee met with representatives of the

Department of Transport, Tourism and Sport to hear a briefing on the proposal

and to consider in particular, concerns raised by the Department that might be

relevant to the application of the principle of subsidiarity in the proposed

measure.

The Joint Committee wishes to thank the Minister and the Department for their

assistance in relation to the Committee’s work on this significant proposal.

2. Decision of the Committee

On 24 January 2012 the Joint Committee agreed the enclosed Contribution be

forwarded to the European Commission and the European Parliament and

that a report of the Joint Committee’s consideration of the Contribution be laid

before both Houses of the Oireachtas and a debate called for in both Houses

on the report.

The Joint Committee further agreed that in the interests of interparliamentary

cooperation on EU matters to forward to the appropriate Committee in each

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

EU member state national parliament a copy of this report and to ensure that

a copy was made available to Ireland’s MEPs and the Chairperson of the

European Parliament Committee on Transport and Tourism.

Ciarán Lynch T.D.

Cathaoirleach

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

Joint Committee on Environment, Transport, Culture and the Gaeltacht

Joint Committee’s Contribution to the European Commission on its

Proposal for a Regulation on Union guidelines for the development of

the Trans-European Transport Network, Com(2011)650

The Oireachtas Joint Committee on Environment, Transport, Culture and

the Gaeltacht is pleased to participate in the ongoing dialogue between

national parliaments and the European Commission and is grateful for the

opportunity it affords to contribute to policy development in the European

Union. The Joint Committee intends to avail of the provisions of the Lisbon

Treaty to the fullest extent and looks forward to the further enhancement of

the political dialogue between the Commission and the Houses of the

Oireachtas which is a key factor in the development of better EU policy and

laws which properly reflect the concerns and needs of Irish citizens.

The Joint Committee has considered the European Commission’s proposal

in some detail and has held public hearings on the matter with the

Department of Transport and has discussed the paper with the Minister for

Transport, Mr Leo Varadkar. In connection with its work the Joint

Committee also discussed the Commission’s proposed regulation

establishing the Connecting Europe Facility, COM(2011)665. Following its

deliberations the Committee has prepared this contribution which seeks to

address the key issues and asks that the Commission take into account

the views and positions set out in this contribution when it comes to the

ongoing negotiations.

The Joint Committee welcomes the overarching aims and objectives of the

revision of the TEN-T Guidelines and the establishment of the Connecting

Europe Facility and supports the Commission’s efforts to establish a truly

barrier free, efficient and innovative transport network. The Joint

Committee notes the importance of this initiative for the Union’s economic

recovery by realising the positive potential of transport infrastructure for

business and growth. Clearly given Ireland’s geographical position an

efficient network and excellent connections to mainland Europe is vital to

Ireland’s interests. A regulatory framework which encourages smarter

investment decisions across Europe should result in Irish exporters gaining

access to European markets quicker and more cheaply and should also

facilitate more opportunities for overseas tourists to visit Ireland.

Ireland fully supports the co-ordinated development of trans-European

networks and, where necessary, action at European level, particularly for

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

cross-border sections of the transport networks. The Committee

understands and agrees that such long term strategic thinking as shown by

the Commission in its proposal is necessary. However the Joint Committee

also agreed these ideal long term objectives need to be balanced with a full

appreciation of the practical implications of the current difficult economic

climate in which we all find ourselves.

The Joint Committee considered the Commission’s proposal from the point

of view of adherence with the Protocol on the Application of the Principles

of Subsidiarity and Proportionality. The Committee noted that the

Commission in its proposal and impact assessment justifies its action in

this area by reference to the recognition in the treaties of the need for EU

level action on Trans European networks. The Joint Committee formed the

view that in terms of the “necessity” and greater benefits test; the objectives

of this measure includes transnational aspects which potentially can be

better be regulated at EU level. The Joint Committee agreed that on

balance it did not believe that there had strictly been a breach of the

principle of subsidiarity and therefore agreed not to consider a Reasoned

Opinion on this proposal. However the Committee did express some

concerns from a proportionality point of view, in particular with regard to

how far the proposal goes to achieve its objectives as set out below.

General Comments

6. Proposed Governance structures:

The Joint Committee has strong

concerns regarding the proposed governance structures designed to

ensure the delivery of objectives as set out in the draft Regulation. The

Committee supports the Commission’s initiatives to reduce administrative

burdens and would like to see this philosophy more to the fore in this

instance. A key principle should be the avoidance of unnecessary

administrative burden on Member States or commercial stakeholders. In

addition the Committee is concerned at the degree to which this Regulation

imposes top-down requirements on Ireland and other Member State’s

transport networks and investment decisions - over and above what might

be necessary. The Committee understands that a number of other Member

States have raised concerns in this regard in particular that the regulation

may result in the Commission being required to instigate infringement

proceedings on Member States for non-compliance or delays in carrying

out works.

7. Specifications:

As regards the specifications set out in the Regulation the

Joint Committee believes that a one size fits all approach is not optimum

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

given the diversity of transport infrastructures and national requirements

that exists across the EU. In Ireland’s case the level of specification

envisaged for both the Core and Comprehensive Networks may be

disproportionate to the level of traffic flows across the network and the

isolated nature of Ireland’s transport network. This is particularly true for the

rail network where the Commission’s focus is on improving interoperability

and developing higher speed rail links across Europe.

The Joint Committee believes that there is a clear case for a calibrated

approach to the implementation of this Regulation which takes account of

the specific nature of Member States’ transport infrastructure and projected

traffic volumes on the Network in more peripheral parts of that Network.

The Joint Committee looks forward to receiving the Commission’s response

to its observations and it hopes that the Committee’s recommendations can

be taken into account. The Joint Committee also intends to directly contact

our counterparts in other national parliaments to share our views on this

matter.

Oireachtas Joint Committee on Environment, Transport, Culture and the

Gaeltacht

Dublin

24 January 2012

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

APPENDIX 1

BRIEF FOR OIREACHTAS COMMITTEE

10 JANUARY 2012

CONTENTS



Presentation by Michael Harper, Transport Counsellor, Irish Permanent Representation to

the EU

Oireachtas Information Notes on TEN T and CEF (Department of Transport, Tourism and

Sport)

Speech by Siim KALLAS on TEN T and CEF at TEN T « information » Days, Antwerp, 29

November 2011

Background Press Briefing on TEN T and CEF proposals (Commission publication)

Summary of contents of proposed Regulation on TEN T (EP publication)

TEN T Network ‐ Country by Country Background Information (Commission publication)



Statement by Micheal Harper, Transport Counsellor,

Irish Permanent Representation to the EU

Re: Commission proposal Com (2011) 650 – Proposal for a Regulation of the European

Parliament and of the Council on Union guidelines for the development of the Trans‐

European Transport Network

Joint Oireachtas Committee ‐ 10 January 2012

Introduction

I would first like to thank the Chairman and the Committee for this opportunity to address

you in relation to what is a very important legislative dossier on the EU transport agenda.

With your permission, I propose to give some background on the Commission proposal;

some of more important implications for Ireland and our position on the proposal; and the

current state of play in relation to the negotiations with Council and the European

Parliament. I understand you are particularly interested in the concerns we have raised in

relation to technical specifications and the governance structures for the implementation of

the proposal. I will cover these in my presentation.

What is the proposal about?

On 19 October, the European Commission announced two major proposals to further

develop Trans European Transport Networks. These were firstly:

a Regulation defining a framework for the development of the European network over the

next 4 decades to 2050 – the so‐called TENS T regulation, and secondly:

a Regulation – called the Connecting Europe Facility ‐ to support, inter alia, the development

of the most strategic elements of the network over the period 2014 to 2020.

While today’s focus is on the first part of the package, both proposals are very much

interlinked and represent vital instruments in shaping EU transport policy over the medium

to longer term. They are, to a very large extent, based on the vision set out in the

Commission’s White Paper on Transport – published earlier this year. I understand the

Committee has received information notes on all three initiatives.

As regards TENS T specifically, the Commission is proposing a strategic framework for

coordinating investment decisions on Europe’s transport infrastructure which aim to ensure

better, smarter and more sustainable transport systems are in place over the next 20 to 40

years. Once adopted, the new TENS T regulation will replace an existing Decision of the

Council, EP and Commission on TENS T.

The key difference between the new and existing TENS T framework is that the new one will

consist of two layers: a Core Network to be completed by 2030 and a Comprehensive

Network feeding into this, to be completed by 2050. These are specified in Maps annexed to

the Commission proposal.

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The comprehensive network is intended to ensure extensive coverage of the EU and

accessibility for all European regions to the Core Network. The Core Network comprises the

most important links and nodes on the network and has been devised by the Commission

based on various criteria including traffic demand. It is intended that the Core Network will

be fully functional by 2030. Both layers include all transport modes: road, rail, air, inland

waterways and maritime transport.

The TEN‐T guidelines set common requirements for both the Comprehensive and the Core

Network in order to ensure seamless and consistent transport links along the network.

Specifications for the core network are higher than those for the comprehensive network.

The guidelines also foster the implementation of traffic management systems which will

allow optimising the use of infrastructure and by increasing efficiency, to reduce CO2

emissions.

The implementation of the core network will be managed using the so‐called “corridor

approach”. There are 10 corridors identified in the Connecting Europe proposal, one of

which covers Ireland. They cover at least 3 transport modes, 3 Member States and 2 cross‐

border sections. European co‐ordinators – appointed by the Commission ‐ will chair

"corridor platforms" that bring together all the stakeholders – including Member States,

infrastructure operators, etc to design and deliver the various elements of the corridor.

They are effectively a management structure to oversee the delivery of the Core Network in

each Member State.

So much for the proposal itself.

What are the implications for Ireland?

The impacts of the proposal on Ireland are essentially two fold. From an economic

perspective, we welcome the objectives which underpin the initiative – these are essentially

about making Europe more competitive and assisting the development of a transport

network which is fit for purpose. As an island on the periphery of Europe, transport links to

our main trade and tourism markets are vital. A regulatory framework which encourages

smarter investment decisions across Europe should result in Irish exporters gaining access to

European markets quicker and more cheaply and should also facilitate more opportunities

for overseas tourists to visit Ireland.

However, this framework comes at a price – and in Ireland’s case, the price is prohibitively

high and in certain cases, unnecessary. The Commission estimate that in order to deliver the

key upgrades envisaged on the Core Network, an investment of €250bn will be needed. As it

stands, the Connecting Europe Facility proposal will provide EU funding of €21 bn over the

period 2014 to 2020 to address the upgrades envisaged. An additional €10bn will be

ringfenced from the Cohesion Fund. The balance of the investment – just under 90% ‐ will

fall to public and private investors. This is simply not a realistic expectation in the current

economic and fiscal climate – either in Ireland or in most other EU Member States for that

matter.

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

It is also evident that the level of specification envisaged for both the Core and

Comprehensive Networks is disproportionate to the level of traffic flows across the network

and the isolated nature of Ireland’s transport network. This is particularly true for the rail

network where the Commission’s focus is on improving interoperability and developing

higher speed rail links across Europe.

There are two examples which illustrate this point. The proposed regulation requires full

electrification of the rail lines on the Core Network. This in theory is to encourage faster

journey times and cleaner more sustainable transport. In Ireland’s case, only a small portion

of the rail track is electrified. Full electrification of the rail line from Belfast to Dublin to Cork

/ Limerick would cost in the order of €3bn. Even with such an investment, the goal of higher

speeds would not be achieved without additional significant investment in track alignment,

re‐configuring of level crossings and safety upgrades.

A second example relates to the specification for roads on the Core Network. Here, Ireland

would be required to provide rest stops every 50 km on its motorway network. Such a level

of frequency is not justified commercially or otherwise in an Irish context where the journey

times on the motorway network included on the Core element would be considerably less

than regulated 4 and a half hours. In addition, any trans‐European road journeys to and

from Ireland would be punctuated by a rest period on a ferry in any case.

In other words, investment in achieving these two key specifications on our road and rail

network would be both excessive and unwarranted from a VFM perspective – even if we

had the money. For this reason we have argued for a significant re‐calibration of the

specifications to take account of projected traffic flows and VFM considerations.

As you know, we also have strong concerns regarding the proposed governance structures

set out in the draft Regulation. A key principle here should be the avoidance of unnecessary

administrative burden on Member States or commercial stakeholders. Under the existing

guidelines, cross border priority projects have been rolled out on time and within budget in

Ireland. North –South cooperation in relation to transport investment has been a broadly

positive experience. We do not see any added value in creating elaborate “core corridor

platforms” underpinned by additional and as yet unspecified Commission regulation.

Another concern here relates to subsidiarity ‐ an issue which we also flagged in the

information note to the Committee.

Clearly, as the Commission points out in the proposal, the coordinated development of a

trans‐European transport network within Europe requires action to be taken at European

level rather than individually by Member States ‐ particularly for cross‐border sections.

However, the concern relates to the degree to which this Regulation imposes top‐down

requirements on Ireland and other Member State’s transport networks and investment

decisions ‐ over and above what might be deemed necessary or legally appropriate.

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A number of other Member States have raised concerns in this regard. Council Legal Service

have been asked for an opinion – particularly as regards the legal base used to support the

proposal ‐ Article 172 of the TFEU. In addition, the Commission has been asked to clarify

what happens if the prescribed specifications are not met within the timeframe allowed.

These issues are dealt with in Chapter IV of the proposal. As regards delays in completing

the Core Network, Article 59 of the proposed Regulation states that the Commission “may

..decide to take appropriate measures”. The concern here is that the regulation offers the

potential for the Commission to instigate infringement proceedings on Member States for

non‐compliance or delays in carrying out works.

There is a clear case for a calibrated approach to the implementation of this Regulation

which takes account of the specific nature of Member States’ transport infrastructure and

projected traffic volumes on the Network in more peripheral parts of that Network.

This is the position we have taken in the negotiations at technical and political level and

there appears to be growing support from other Member States for this position.

What is the current state of play in the negotiations?

We are still at relatively early stages in the negotiation of this proposal. The Danish

Presidency hope to achieve a so‐called “general approach” on the proposal at Transport

Ministers Council in March although realistically, this is more likely to happen in June. The

European Parliament has only recently appointed a Rapporteur which is the first step in

their examination of the Commission proposal. We would however expect the European

Parliament to be strongly in favour of the Commission proposals here so there is very likely

to be a protracted negotiation between Council and the European Parliament during the

Cypriot Presidency which could easily fall to the Irish Presidency in 2013 to get over the line.

Conclusion

At this point, we are reasonably confident that Ireland’s particular concerns are getting

traction within Council and the Commission itself is increasingly aware of the particular

nature of our transport network and the need for flexibility.

I have tried to be as comprehensive as possible in my opening statement. This is a very

complex proposal both technically and legally. I have a number of colleagues from the

Department with me today and we are more than happy to take questions on the matter. If

we can’t answer all of them we will certainly do our best to get back to the Committee with

answers after the meeting.

Thank you

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Com (2011) 650

Information Note

1. Proposal

Proposal for a Regulation of the European Parliament and of the Council on Union guidelines

for the development of the Trans-European Transport Network

2. Date of Commission document

24 October 2011

3. Number of Commission document

COM (2011) 650

4. Number of Council document:

2011/0294

5. Dealt with in Brussels by

Transport Council / Intermodal Questions Working Group

6. Department with primary responsibility

Department of Transport, Tourism and Sport

7. Other Departments involved

8. Background to, Short summary and aim of the proposal

On 19 October, the European Commission announced new proposals for Trans European

Transport Networks – which include a draft Regulation defining a framework for the

development of the European network over the next 4 decades to 2050 and a funding

instrument – called “Connecting Europe” - to support, inter alia, the development of the most

strategic elements of the network (the so-called “Core Network”) over the period 2014 to

2020.

The new Commission proposals set out a strategic framework for coordinating decisions on

transport infrastructure across the 27 Member States in order to ensure better, smarter and

more sustainable transport systems are in place both within the EU itself and also with key

third country partners.

The new TEN-T network will consist of two layers: a core network to be completed by 2030

and a comprehensive network feeding into this, to be completed by 2050. The comprehensive

network, will ensure full coverage of the EU and accessibility of all regions. The core

network will prioritize the most important links and nodes of the TEN-T, to be fully

functional until 2030. Both layers include all transport modes: road, rail, air, inland

waterways and maritime transport, as well as intermodal platforms.

The TEN-T guidelines set common requirements for the TEN-T infrastructure – with tougher

requirements for the core network. This will ensure fluent transport operations throughout the

network. The policy also fosters the implementation of traffic management systems which

will allow optimising the use of infrastructure and by increasing efficiency, to reduce CO2

emissions.

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

The implementation of the core network will be facilitated using a corridor approach. Ten

corridors will provide the basis for the co-ordinated development of infrastructure within the

core network. Covering at least 3 modes, 3 Member States and 2 cross-border sections, these

corridors will bring together the Member States concerned, as well as the relevant

stakeholders, for example infrastructure managers and users. European co-ordinators will

chair "corridor platforms" that will bring together all the stakeholders – these will be a major

instrument to guarantee co-ordination, co-operation and transparency.

9. Legal basis of the proposal

The legal basis for this proposal is Article 172 TFEU.

10. Voting Method

QMV

11. Role of the EP

Co-decision

12. Category of proposal

Major significance in terms of EU Transport Policy to 2050.

13. Implications for Ireland & Ireland's Initial View'

Europe is and will continue to be our strongest trading partner and source market for tourism.

Transport connections to Europe are therefore vital to our economic resurgence. In that

context, the development of a strong transport network across Europe which is fit for purpose

is vital to Ireland interests. The specific implications of the proposals for Ireland’s transport

infrastructure will need to be examined carefully – particularly in terms of the specifications

being sought over the period in question for road, rail, ports and airports and Ireland’s

capacity to deliver in the current economic climate. Ireland is included in the so-called “Core

Network” which will be the focus of the Commission’s proposed “Connecting Europe”

facility – announced as part of the package.

14. Are the any subsidiarity issues for Ireland?

Not clear as yet. The coordinated development of a trans-European transport network to

support transport flows within the single European market and economic, social and

territorial cohesion within Europe requires action to be taken at European Union level, as

such action could not be taken individually by Member States. This is particularly the case

for cross-border sections. However, there are issues in relation to degree to which this new

instrument is imposing top-down requirements on Ireland’s transport network over and above

what might be deemed necessary in terms of projected traffic flows and socio-economic

return for the investment involved.

15. Anticipated negotiating period

Likely to take 18 months at least.

16. Proposed implementation date

day after final version of the Regulation is published.

17. Consequences for national legislation

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

As a Regulation, it will be binding in its entirety and directly applicable in all Member States.

18. Method of Transposition into Irish law

N/a

19. Anticipated Transposition date

N/a

20. Consequences for the EU budget in Euros annually

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

21. Contact name, telephone number and e-mail address of official in Department with

primary responsibility

Caoimhín Ó Ciaruáin

EU Coordination and Presidency Planning Unit

Department of Transport, Tourism and Sport

44 Kildare Street, Dublin

Direct line: 353 1 6041022

Email:

[email protected]

GSM: +353 (0)87 7942608

Date 24 October 2011

Com (2011) 665/3

Information Note

1. Proposal

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing the Connecting Europe Facility

2. Date of Commission document

24 October 2011

3. Number of Commission document

COM (2011) 665/3

4. Number of Council document:

Not availalbe

5. Dealt with in Brussels by

Transport Council / Intermodal Questions Working Group

6. Department with primary responsibility

Departments of Transport, Tourism and Sport (transport element) and Communications,

Energy and Natural Resources (Energy and Telecoms elements)

7. Other Departments involved

Department of Finance (in context of overall negotiation on the Multi-Annual financial

framework for the period 2014-2020).

8. Background to, Short summary and aim of the proposal

On 19 October, the European Commission announced new proposals for Trans European

Transport Networks – which include a draft Regulation defining a framework for the

development of the European network over the next 4 decades to 2050 and a funding

instrument – called “Connecting Europe” - to support, inter alia, the development of the most

strategic elements of the network over the period 2014 to 2020.

The new Commission proposals set out a strategic framework for coordinating decisions on

transport infrastructure across the 27 Member States in order to ensure better, smarter and

more sustainable transport systems are in place both within the EU itself and also with key

third country partners.

The “Connecting Europe” proposal was already part of the proposed Multi-Annual financial

framework for the period 2014-2020: ''A Budget for Europe 2020'', announced in June 2011.

In this, the Commission decided to propose the creation of a new integrated instrument for

investing in EU infrastructure priorities in Transport, Energy and Telecommunications: the

"Connecting Europe Facility" (hereafter CEF).

This draft Regulation sets out the provisions governing the CEF. It draws on the work

undertaken to prepare the revision of the policy framework in all three sectors (Transport,

Energy, and Telecommunications) for the next Multi-Annual financial framework (2014-

2020). In line with Article 170 of TFEU, new guidelines are proposed in each sector in line

with the CEF. Therefore, the revised Guidelines for Transport, Energy and

kom (2011) 0650 - Bilag 2: Udtalelse fra det irske parlament vedr. EU-Kommissionens forslag til retningslinjer for udviklingen af det transeuropæiske transportnetværk (TEN-T)

Telecommunications on the one hand and the CEF on the other hand constitute one coherent

regulatory package.

In the transport sector, a Europe-wide ‘core network’ has been identified using a pan-

European planning methodology. This core network with corridors, carrying freight and

passenger traffic with high efficiency and low emissions, makes extensive use of existing

infrastructure. By completing missing links and alleviating bottlenecks and with the use of

more efficient services in multimodal combinations, it will handle the bulk of transport flows

in the single market. The cost of EU infrastructure development to match the demand for

transport has been estimated at over €1.5 trillion for 2010-2030 for the entire transport

networks of the EU Member States. The completion of the trans-European transport networks

requires about €500 billion by 2020, of which €250 billion would be needed to complete

missing links and remove bottlenecks on the core network.

9. Legal basis of the proposal

The legal basis for this proposal are Articles 170, 171 and 172 TFEU.

10. Voting Method

QMV

11. Role of the EP

Co-decision

12. Category of proposal

Major significance in terms of EU Transport Policy over the period 2014-2020.

13. Implications for Ireland & Ireland's Initial View'

Europe is and will continue to be our strongest trading partner and source market for tourism.

Transport connections to Europe are therefore vital to our economic resurgence. In that

context, the development of a strong transport network across Europe which is fit for purpose

is vital to Ireland interests. The specific implications of the proposals for Ireland’s transport

infrastructure will need to be examined carefully – particularly in terms of the specifications

being sought over the period in question for road, rail, ports and airports and Ireland’s

capacity to deliver in the current economic climate. Ireland is included in the so-called “Core

Network” which will be the focus of the transport element of the CEF.

14. Are the any subsidiarity issues for Ireland?

No.

15. Anticipated negotiating period

Likely to take 18 months at least.

16. Proposed implementation date

1 January 2014

17. Consequences for national legislation

As a Regulation, it will be binding in its entirety and directly applicable in all Member States.

18. Method of Transposition into Irish law

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N/a

19. Anticipated Transposition date

N/a

20. Consequences for the EU budget in Euros annually

The Commission’s proposal for the next Multi-Annual financial framework includes a

proposal for €50 billion for the period 2014-2020 for the CEF, of which €31.7 billion is

earmarked for transport with €10bn of this from the

Cohesion Fund. Over the seven years in

question, this would be €7.14bn annually.

21. Contact name, telephone number and e-mail address of official in Department with

primary responsibility

Caoimhín Ó Ciaruáin

EU Coordination and Presidency Planning Unit

Department of Transport, Tourism and Sport

44 Kildare Street, Dublin

Direct line: 353 1 6041022

Email:

[email protected]

GSM: +353 (0)87 7942608

Date 24 October 2011

SPEECH by Siim Kallas ‐ Vice‐President and Commissioner for Transport

"TEN‐T Days" conference on the trans‐European transport network: opening

remarks ‐ Antwerp, 29 November 2011

Ministers,

Honourable Members of the European Parliament,

Ladies and gentlemen,

Welcome to TEN-T Days 2011 in Antwerp! As in 2008, I would have been happy to receive

you in Brussels. But this venue, next to the splendid railway station situated on the core

network, makes it a natural choice.

This is the fourth time that Member States, local and regional authorities, stakeholders and

the European Commission are meeting to discuss the development and main issues

regarding the trans-European transport network.

Of course, this year our focus will be on the new TEN-T Guidelines and the Connecting

Europe Facility. This conference, organised so soon after both proposals were launched, will

allow – as our previous TEN-T conferences have also done – all parties to have a useful and

beneficial exchange as we begin the co-decision process.

Transport in the multiannual financial framework (MFF)

The revised TEN-T Guidelines and their links to the proposed Connecting Europe Facility

were adopted by the Commission on 19 October, together with a proposal to launch a pilot

phase of the project bonds initiative. This package has a high importance for achieving

sustainable growth in Europe, which is now at the core of our concerns. The key objective of

both proposals is the targeted use of financial resources, which is especially vital at a time of

economic crisis and given that infrastructure is the backbone of the economy.

As you know, the overall Multiannual Financial Framework proposes a stable budget. But

within this, transport is a clearly identified priority and recognised as an instrument that can

revitalise the competitiveness of our economy. Developing the TEN-T will have positive

effects on the free movement of goods, integration in the internal market, accessibility and

territorial cohesion, as well as on creating economic growth and jobs.

The TEN-T Guidelines and the Connecting Europe Facility will contribute significantly to

establishing a competitive and resource-efficient transport system. They will help to reduce

congestion, unleashing the potential of transport infrastructure for business and growth, as

well as supporting the development of innovative transport. At the same time, they will help

us to achieve the EU's 2020 goals by giving priority to environmentally friendly modes of

transport: rail, short sea shipping and inland waterways. They also encourage the

deployment of intelligent transport systems that will improve the efficiency of transport

operations.

The proposed budget for the Connecting Europe Facility (€ 31.7 billion) is the guarantee that

funding will benefit the priority transport infrastructure which has the high EU added value

needed to spur economic growth and ensure cleaner transport. That is why the Connecting

Europe Facility and the TEN-T Guidelines go hand in hand, and should be discussed

together - and also why the Commission has attached, in the Annex of the Connecting

Europe Facility, a list of projects to be financed.

Content of the guidelines

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While the Connecting Europe Facility takes the next Financial Perspectives as its timeframe,

the TEN-T Guidelines aim at implementing the network by

2030

for core network and

2050

for the comprehensive network.

Our concept is based on a dual layer structure and the methodology used to select the top

layer, the so-called core network, has gone through a thorough consultation process of the

Member States, the European Parliament and all the parties involved. The core network is

the main innovation. It embraces both the existing and planned infrastructure, and selects a

limited number of projects that offer the highest European added value

These are the areas we need to tackle:

- missing links;

- poor East–West connections;

- fragmented infrastructure;

- a lack of interoperability;

- and we also need to focus investment.

In short, we need to move from a

patchwork

to a

network.

On Corridors in the Guidelines and the Connecting Europe Facility

To implement the core network, the Commission proposes a reinforced corridor approach to

bring the highest value for money. One euro spent only within one Member State will give a

poorer result than one euro spent in coordination with several Member States and

stakeholders involved in the projects, taking into account the overall traffic flows and needs.

These corridors will also provide for greater modal integration, interoperability and

coordinated development and management of infrastructure, including binding timetables.

We are also very committed to applying the "use it or lose it" rule to ensure the timely

delivery of projects.

The corridors will be governed through platforms, composed of the Member States

concerned and the other public and private parties involved, all under the auspices of a

coordinator and based on the positive experience with the current coordinators. These

platforms will be loose structures which strengthen a forum that might already exist. They will

not lead to additional bureaucracy. We propose a pragmatic and flexible approach – not

''one-size-fits-all''.

These future corridors are designed as an implementation tool to ensure that investments

are coordinated to deliver maximum EU added value. The 10 core network corridors and

other key core network sections such as missing cross-border connections and bottlenecks,

as well as traffic management systems such as SESAR and ERTMS, will be allocated

between 80 and 85% of the available funds to make sure that European financing is

available primarily for projects with the highest EU added value.

On the Connecting Europe Facility

Of the €31.7 billion proposed for transport in the Connecting Europe Facility, €10 billion is

earmarked from within the Cohesion Fund. This €10 billion is only available for the Cohesion

Fund eligible Member States, not the whole EU-27. Higher co-financing rates will apply for

this €10 billion: the same as for the rest of the Cohesion Fund. This will provide an additional

guarantee for eligible Member States, because €24 billion of Cohesion Fund money will also

be allocated to transport projects on the TEN-T comprehensive network.

The Connecting Europe Facility will further enable private sector investment for transport,

essential in time of budgetary constraints. We envisage that about €2 billion could be

absorbed by innovative financing instruments such as project bonds.

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This will be done in partnership with the EIB, which recently scored some notable successes

with the Loan Guarantee Instrument for TEN-T Projects: the Tours-Bordeaux high-speed rail

link.

Expectations are high. The Commission has calculated that this €31.7 billion could generate

between €140 and €150 billion of investment on the European Core Network thanks to the

leveraging effect.

I would like to stress that the proposed Connecting Europe Facility is designed to be

centrally managed. The TEN-T Executive Agency would be responsible for implementing

this budget through calls for proposal. Without well prepared project proposals, there will be

no funding. The 'use-it–or-lose-it' principle shall continue to apply, as I have already

mentioned.

Apart from the successes of the central management of the TEN-T, I would like to say that

the European Coordinators also contribute a great deal to ensuring transparency. They have

been heard last week by the European Parliament and are here today with us in Antwerp to

pass on the valuable experience they have gathered during their mandates and to

participate in several workshops during this conference.

To conclude, I would like to emphasise that it is only with a modernised, much more effective

and targeted TEN-T policy which embodies genuine European added value that we will all

be able to make a convincing case for the Connecting Europe Facility in the upcoming

negotiations for the Multi-Annual Financial Framework. So let us continue to be bold and

work together on setting out this new policy.

Thank you for your attention.

Commission Press Pack on TEN T and CEF Proposals

Brussels, October 19, 2011

Connecting Europe: The new EU core transport network

The Commission has today adopted a proposal to transform the existing patchwork

of European roads, railways, airports and canals into a unified transport network

(TEN-T). The new core network will remove bottlenecks, upgrade infrastructure and

streamline cross border transport operations for passengers and businesses

throughout the EU. It will improve connections between different modes of

transport and contribute to the EU's climate change objectives.

European Commission Vice-President Siim Kallas, responsible for transport, said: "Transport

is fundamental to an efficient EU economy, but vital connections are currently missing.

Europe's railways have to use 7 different gauge sizes and only 20 of our major airports and

35 of our major ports are directly connected to the rail network. Without good connections

Europe will not grow or prosper."

The new policy follows a two-year consultation process and establishes a core transport

network to be established by 2030 to act as the backbone for transportation within the Single

Market. The financing proposals published today (for the period 2014–2020) also tightly focus

EU transport funding on this core transport network, filling in cross-border missing links,

removing bottlenecks and making the network smarter.

The new core TEN-T network will be supported by a comprehensive network of routes,

feeding into the core network at regional and national level. This will largely be financed by

Member States, with some EU transport and regional funding possibilities, including with new

innovative financing instruments. The aim is to ensure that progressively, and by 2050, the

great majority of Europe's citizens and businesses will be no more than 30 minutes' travel

time from this comprehensive network.

Taken as a whole, the new transport network will deliver:



safer and less congested travel

as well as smoother and quicker journeys.

The 31.7 billion euros allocated to transport under the Connecting Europe Facility of the MFF

(Multi-Annual Financial Framework) will effectively act as "seed capital" to stimulate further

investment by Member States to complete difficult cross-border connections and links which

might not otherwise get built. Every 1 million euros spent at European level will generate 5

million from Member State governments and 20 million from the private sector.

Maps showing the core TEN-T (Trans-European Transport Network) for 2030 as well as the

major implementing corridors for the financing period 2014–2020 are attached.

Background:

The new policy sets out a much smaller and more tightly defined transport network for

Europe. Its aim is to focus spending on a smaller number of projects where real EU added

value can be realised. Member States will also face more rigorous requirements in terms of

common specifications which will work cross-border, and legal obligations actually to

complete the project.

The TEN-T network consists of two layers: a core network to be completed by 2030 and a

comprehensive network feeding into this, to be completed by 2050. The comprehensive

network, will ensure full coverage of the EU and accessibility of all regions. The core network

will prioritize the most important links and nodes of the TEN-T, to be fully functional until

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2030. Both layers include all transport modes: road, rail, air, inland waterways and maritime

transport, as well as intermodal platforms.

The TEN-T guidelines set common requirements for the TEN-T infrastructure – with tougher

requirements for the core network. This will ensure fluent transport operations throughout

the network. The policy also fosters the implementation of traffic management systems which

will allow optimising the use of infrastructure and by increasing efficiency, to reduce CO2

emissions.

The implementation of the core network will be facilitated using a corridor approach. Ten

corridors will provide the basis for the co-ordinated development of infrastructure within the

core network. Covering at least 3 modes, 3 Member States and 2 cross-border sections,

these corridors will bring together the Member States concerned, as well as the relevant

stakeholders, for example infrastructure managers and users. European co-ordinators will

chair "corridor platforms" that will bring together all the stakeholders – these will be a major

instrument to guarantee co-ordination, co-operation and transparency.

See

http://ec.europa.eu/transport/index_en.htm

for core network maps, national maps,

projects lists.

Key facts and figures – Frequently Asked Questions



Transport is fundamental to an efficient European economy.

Freight transport is expected to grow by 80% by 2050. And passenger

transport by more than 50%.



Growth needs trade. And trade needs transport. Areas of Europe without good

connections are not going to prosper.

The new core network – the figures

The core network will connect:



83 main European ports with rail and road links

37 key airports with rail connections into major cities

15,000 km of railway line upgraded to high speed

35 cross border projects to reduce bottlenecks

This will be the

economic lifeblood

of the single market. Allowing a real free flow of goods

and people around the Union.

The new core network – the funding:

It is estimated that the cost of implementing the first financing phase for the core network for

2014–2020 (see attached list of projects) will cost 250 billion. The core network is to be

completed by 2030.

The Connecting Europe Facility makes available for transport infrastructure 31.7 billion euros

for the next financial period 2012–2020. 80% of this money will be used to support:



Core network projects

priority projects along the 10 implementing corridors

on the core network. Funding will also be available for a limited number of other

sections projects of high European added value on the core network.



Funding for

horizontal projects

– these are IT related – such as funding for

SESAR (the technological dimension of the Single European Sky Air Traffic

Management System), or ERTMS the European Rail Traffic Management System which

must be used throughout the major transport corridors. This is a particular priority –

as another innovation on the new core network is that there are tougher obligations

for transport systems to "join up", i.e. to invest in meeting mainly existing EU

standards, for example on common rail signalling systems.

The remaining funding can be made available for ad hoc projects, including for projects on

the comprehensive network.

How do I see which transport projects will be funded for my country?

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The basic principle is that that every country benefits from access to a strong core European

transport network – allowing for the free flow of people and goods. All European countries will

be connected to this network.

The list of projects that have been identified as a priority for EU funding for the next financing

period (2014–2020) are set out in the annex to the Connecting Europe Regulation – see

annex attach to this MEMO.

These projects are eligible for EU transport funding for 2014–2020 because:



they meet the criteria set out in the methodology to be on the core network

(see below for more information on the methodology and criteria)



they have high EU value added



and are mature for implementation between 2014 and 2020

It will be up to the Member States to submit detailed proposals to the Commission and on

that basis funding will allocated. This should happen as of early 2014. The precise level of EU

funding available also depends on the details for the national proposals. Overall, the EU

contribution to a major transport infrastructure development will normally be around 20% of

the investment costs for any 7-year budget period. Support for individual studies can be up

to 50 % and for studies and construction work in the case of cross-border projects up to

40%. The rest is from Member States, regional authorities or possibly private investors.

What if I am not on the core network? What is the comprehensive network? Who

funds it and how does it work?

At a regional and national level what we call the comprehensive network will feed into the

core network. This comprehensive network is an integral part of TEN-T policy. This will be

largely managed by the Member States themselves with some funding available under

transport and of course under regional policy. That is subsidiarity in action. It is our intention

that progressively, and by 2050, the great majority of Europe's citizens and businesses will

be no more than 30 minutes in travel time from this feeder network.

The new TEN-T guidelines go much further than before in terms of specifying requirements,

also including the comprehensive network, so that over time – looking ahead to 2050 – large

parts of the comprehensive network join up in terms of fully interoperable and efficient

standards, for rail, electric cars, etc.

What are the tougher requirements for the core network?

There are two important sets of requirements for projects receiving funding on the core

network: (a) technical requirements which need to be applied; and (b) new legal

requirements to finish projects.

The technical requirements:

It make sense that in particular for a core network, technical requirements must be

interoperable across the network. For example, that means that ERTMS (the European Rail

Traffic Management System) – the basic ITS systems to control the trains must apply

everywhere. Equally, road safety standards in terms of tunnel safety requirements and road

safety requirements must apply across the network, and the technology for ITS (intelligent

transport systems) must join up. Also if there are future electric vehicle infrastructure

charging points to be built, logically, they must meet common standards, so the cars can use

them all across the network.

The legal requirements:

There is a new tough legal requirement introduced in the TEN-T guidelines so that Member

States with projects receiving funding on the core network, have a legal obligation to finish

those projects. That is an obligation to finish by 2030 – completion date for the core network.

However this legal requirement should provide a clear incentive for Member States to keep

transport projects on track.

How will we get to the 250 billion euros needed for the core network?

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The 31.7 billion euros allocated to transport under the Connecting Europe Facility of the MFF

(Multi Annual Financial Framework) will effectively act as "seed capital" to stimulate further

investment by Member State to complete the difficult cross border connections and links,

which might not otherwise get built.

There is a very strong leverage effect from TEN-T funding. Experience in recent years shows

that every 1 million euros spent at European level will generate 5 million from Member State

governments and 20 million from the private sector.

Added to this leveraged money is now the possibility of new private sector money coming in

though innovative financing instruments like project bonds.

How does the co-financing work? How much money comes from Member States and

how much from Europe.

Transport infrastructure requires a huge investment – and the large share will always come

from Member States. Europe's role in terms of investment and co-ordination is to add value

by removing difficult bottlenecks and building missing links and connections, and to support

the creation of a real European transport network.

The normal co-financing rates for TEN-T projects on the core network will be:



Up to 50% EU co-financing for studies.

For works up to 20% (for example exploratory works for a major tunnel)

There are certain possibilities to increase co-financing for cross-border

projects for rail and inland waterway connections (up to 40%).



For certain ITS projects, like ERTMS, higher co-financing of up to 50% can be

made available to support Member States making the transition.

How were the projects chosen to be on the core network?

The priority was to re-focus EU transport funding to create a genuine European network – not

to just tackle bottlenecks in a more scattered way – but to really have a network.

To do that, a new methodology was drafted on the basis of extensive consultations with

Member States and stakeholders. The aim was create a European network, linking the major

social and economic centre and gateways to third countries (ports, airports and land

connections) and to put in place the keep infrastructure necessary to underpin the Single

Market, support competitiveness and economic development.

The methodology is based on several steps. First, the selection of major nodes – meeting

certain statistical criteria, eg capital cities and other important social economic centres, major

ports (volume and territorial criteria) as well as major airports (volume and territorial criteria)

and gateways to third countries. Second, the process of linking up these nodes with land

transport modes – rail inland waterway and road (some of which already exists – some where

there are bottlenecks and some where there are missing links.) Third, incorporating a

detailed analysis of major traffic flows – passenger and freight. This is essential to define

priority sections for the core network and to see clearly piority sections where infrastructure

needs upgrading, building, or where bottlenecks need to be removed.

On this basis a strategic core network was defined, linking strategically important nodes,

multi modals routes and well as taking into account major traffic flows.

All projects on the core network are a priority for EU co-financing. However, for the financing

period 2014–2020) a particular importance is given to funding cross border projects which

have the highest EU added value.

What exactly are corridors and why do we need corridors ?

Past experience has shown that it is very difficult to implement cross border and other

transport projects in different member states in a co-ordinated way. It is very easy, in fact,

to create divergent systems and connections and create more bottleneck.

A major innovation on the new TEN-T guidelines for is the introduction of 10 implementing

corridors on the core network. They are there to help implement the development of the core

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network. Each corridor must include three modes, three Member States and 2 cross-border

sections.

"Corridor platforms" will be created to bring all relevant stakeholders and Member States

together. The corridor platform is a governance structure that will devise and implement

"corridor development plans" so that work along the corridor, in different Member States and

at different stages of progress can be joined effectively. European co-ordinators will chair the

corridor platforms for the 10 key corridors on the core network.

How does the new TEN-T meet green objectives?

TEN-T is an essential tool for transport policy to meet the overall target to reduce by 60%

emissions from transport by 2050 (see "Transport 2050" white paper published earlier this

year). At its heart the TEN-T network is a multi-modal transport network, facilitating a

substantial the shift of passengers and freight from road to rail and other transport modes.

All TEN-T projects have to undergo a rigorous environmental impact before qualifying for EU

money. To do this they must meet all the requirements, in terms of planning and

sustainability set out under EU environmental legislation.

Background TEN-T Policy: The Trans-European Networks Policy

is there to put in place

the transport infrastructure and interconnections that underpin the Single Market, to ensure

the free-flow of goods and people and to support growth, jobs and EU competitiveness. In

the past, transport systems in Europe developed largely along national lines. This led to poor

or absent transport interconnections at the borders, or along key corridors. Weak transport

interconnections hamper economic growth. Since the 1980s, TEN-T policy has focused EU

money on supporting the development of key European infrastructure projects. And there

have been many important success stories. However, given in particular the tough financial

period, there is a need to refocus EU transport spending to where it gives maximum added

value – to create a strong core European network.

European Parliament – Background Note on TEN T proposal

Trans European Transport Networks – Commission Proposal for a Regulation

PURPOSE:

the coordinated creation and development of a trans-European transport network.

PROPOSED ACT:

Regulation of the European Parliament and of the Council.

BACKGROUND:

the planning, development and operation of trans-European transport networks

contribute to the attainment of major Union objectives, such as the smooth functioning of the internal

market and the strengthening of economic and social cohesion and also have the specific objectives

of allowing the seamless and sustainable mobility of persons and goods and ensuring accessibility for

all regions of the Union. These specific objectives should be achieved by establishing

interconnections and interoperability between national transport networks in a resource-efficient way.

Growth in traffic has resulted in increased congestion on international transport corridors. In order to

ensure the international mobility of goods and passengers,

the capacity of the trans-European

transport network and the use of this capacity should be optimised

and, if necessary, expanded

by removing infrastructure bottlenecks and bridging missing infrastructure links within and between

Member States.

Five main problems need to be tackled at EU level:

(1)

missing links,

in particular at cross-border sections, are a major obstacle to the free movement of

goods and passengers within and between the Member States and with its neighbours;

(2) a considerable and enduring

disparity in quality and availability of infrastructure

between and

within the Member States (bottlenecks);

(3) transport infrastructure between the transport modes is

fragmented;

(4)

investments

in transport infrastructures should contribute to achieve the goals of reduction of

greenhouse gas emissions in transport by 60% by 2050;

(5) Member States still maintain

different operational rules and requirements,

in particular in the

field of interoperability, which add to the transport infrastructure barriers and bottlenecks.

These new guidelines, which will replace Decision 661/2010/EU, seek to establish

a complete and

integrated trans-European transport network,

covering all Member States and regions and

providing the basis for the balanced development of all transport modes in order to facilitate their

respective advantages, thereby maximising the value added for Europe of the network.

In the light of the challenges for the TEN-T policy, also identified by the

White Paper “Roadmap to a

Single European Transport Area – Towards a competitive and resource efficient transport system”,

these Guidelines will define a long-term strategy for the TEN-T policy up to 2030/2050.

IMPACT ASSESSMENT: the Impact Assessment identifies four specific objectives for addressing the

problem of a fragmented network. This involves, on the one hand, enhanced coordination in EU

planning and the designing of a sound governance structure to secure implementation of an optimal

network configuration.

Two policy options were the result:



option 1,

combining a planning approach largely based on the current policy, though

with certain amendments in the light of the experience gained, with a reinforced

coordination approach to implementation;

option 2,

combining a stronger approach to planning coordination, through

identification of an optimised configuration for the strategic "core" of the TEN-T, with

the same reinforced coordination approach to implementation. The Commission

considers that this second option, because of the stronger coordination at both

planning and implementation levels, would have an overall higher impact.

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LEGAL BASIS: Article 172

of the TFEU.

CONTENT:

the proposed Regulation will repeal and replace Decision 661/2010/EU on Union

guidelines for the development of the trans-European transport network. This proposal aims to

establish and develop a complete TEN-T, consisting of infrastructure for railways, inland waterways,

roads, maritime and air transport, thereby ensuring the smooth functioning of the internal market and

strengthening economic and social cohesion.

To achieve these objectives,

two fields of action

are envisaged:

- the

first field of action

is "conceptual

planning":

the gradual implementation of the TEN-T network

by means of a

dual-layer approach,

consisting of a comprehensive network and a core network. The

comprehensive network

constitutes the basic layer of the TEN-T. It consists of all existing and

planned infrastructure meeting the requirements of the Guidelines. The comprehensive network is to

be in place by

31 December 2050

at the latest.

The

core network

overlays the comprehensive network and consists of its strategically most

important parts. It constitutes the backbone of the multi-modal mobility network. It concentrates on

those components of TEN-T with the highest European added value: cross border missing links, key

bottlenecks and multi-modal nodes. The core network is to be in place by

31 December 2030

at the

latest.

- the

second field of action

concerns the

implementation instruments.

The Commission has

developed the concept of

core network corridors,

taking due account of the rail freight corridors.

These corridors will provide the framework instrument for the coordinated implementation of the core

network. In terms of scope, the core network corridors will in principle cover three transport modes

and cross at least three Member States. If possible, they should establish a connection with a

maritime port.

In terms of activities, the core network corridors will provide a platform for capacity management,

investments, building and coordinating multi-modal transhipment facilities, and deploying

interoperable traffic management systems.

The proposal includes the following

key aspects:

Guidelines:

the Guidelines set the framework for identifying projects of common interest. These

projects contribute to the development and establishment of TEN-T through the creation,

maintenance, rehabilitation and upgrading of infrastructure, through measures to promote the

resource-efficient use of infrastructure and by enabling sustainable and efficient freight transport

services. With a view to cooperation with third and neighbouring countries

the European Union may

promote projects of mutual interest.

The

comprehensive network

is specified by:



maps;

infrastructure components;

infrastructure requirements;

priorities for promoting projects of common interest.

freight terminals, passenger stations, inland ports, maritime ports and airports will

connect transport modes in order to allow multi-modal transport;

urban nodes form key elements in the comprehensive network as connecting points

between the different transport infrastructures.

Core network:



the guidelines lay down specific requirements for the core network, in addition to the

requirements for the comprehensive network, for example availability of alternative

fuels. The Commission will monitor and evaluate the progress made in implementing

the core network;

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

core network corridors are an instrument for implementing the core network. They are

to be based on modal integration and interoperability and lead to coordinated

development and management;

European Coordinators will facilitate the coordinated implementation of the corridors,

in cooperation with corridor platforms to be established by Member States

concerned;

ach corridor platform will establish a multi-annual development plan, including

investment and implementation plans, as a management structure. Based on this

information the Commission will adopt implementing acts (decisions) for each

corridor.

Lastly, the proposal calls for

regular revision of the annexes

by means of delegated acts in order to

update the maps of the comprehensive network. It also envisages a review of the core network by

2023.

BUDGETARY IMPACT: the proposal will not entail any additional cost for the EU budget.

It should be noted that in the context of the

Communication on the Multi-annual Financial Framework

2014-2020,

the Commission has announced the creation of a new instrument at EU level, the

''Connecting

Europe Facility",

which will finance EU priority infrastructure in transport, energy and

digital broadband. The facility will have a single fund of EUR 50 billion for the period 2014-2020, of

which

EUR 31.7 billion will be allocated to transport,

out of which €10 billion will be ring fenced for

related transport infrastructures investments inside the Member States eligible under the Cohesion

Fund.

DELEGATED ACTS: the proposal contains provisions enabling the Commission to adopt delegated

acts in accordance with Article 290 of the TFEU.

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Brussels 19 October 2011

Trans-European Transport Networks

The TEN-T Core Network: Country by Country

Member State

Austria

Key elements

Inclusion of major axes in the Core network, including Brenner,

Danube/Westbahn (Salzburg-Linz-Vienna), and Semmering + Koralm

Inclusion of these axis in project lists under corridor headings

Austria very well covered and fully backing this TEN-T revision;

Commission notes very high investments in AT, especially in rail (highest in

EU per capita, highest after CH)

Belgium

Inclusion of the entire Inland Waterway (IWW) network in the Core: for BE

this is very important, given the many IWW and the foreseen major works on

several of these axes

Inclusion of the second rail axis to the Antwerpen port

Inclusion of Oostende, Zeebrugge, Gent and Antwerpen as core ports (all

due to their volume)

Inclusion of a dense comprehensive and core network due to the many ports

and hinterland connections; inclusion in several core network corridors

Bulgaria

Inclusion of major axes in the comprehensive and core network, including

Sofia-Varna (Hemus motorway is notably important for BG and is for a large

part also in the Core); the network has become much denser and a real

network

Given the two nodes (Sofia and Burgas, as a port) and the many

neighbouring countries, including third countries, BG has a dense network as

a result.

Cyprus

Inclusion of southern orbital road of Lefkosia in the Core network for road

(CY has no railway), as well as the link to the airport in Larnaka and to the

major port of Limassol

Inclusion of wider comprehensive network for roads notably

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

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Czech Republic

Inclusion of Prague and Ostrava as nodes and therefore the inclusion of a

rather dense comprehensive and core network

Inclusion of links from Prague to Munich and Wroclaw (both new)

Denmark

Inclusion of major axes in the comprehensive and core network, linking up

the very parcelled territory of the Danish isles

Network now including many road and rail links but of course the Öresund

and Fehmarn, as well as the core nodes and ports of Copenhagen and Arhus.

Estonia

Inclusion of major axes in the comprehensive and core network, including

Tallinn to Riga via the coast (road and rail) as well as the link to the Russian

border (Tallinn-Tartu-RU border). Rail Baltic: the final choice was to

include the new, future alignment as the works on upgrading the existing

link are nearly completed.

Finland

Inclusion of major axis in the comprehensive and core network, including

the present so called 'Nordic Triangle' (Turku-Helsinki-RU border) and the

'Bothnian corridor'. In particular the inclusion of the Bothnian corridor is

very important.

France

Inclusion of nearly all major axes in the comprehensive and core network,

that are part of the FR planning framework for the next decade.

Major projects all part of core network corridors.

Positive conclusion of Lyon-Torino: FR and IT concluded on a new sharing

of the costs and concluded on most of the technical issues still outstanding; a

letter co signed by both Ministers has been received.

Central Pyrenean crossing has been agreed with ES to be included in the

comprehensive network: clearly, this link will not be realised until 2030, the

feasibility studies are ongoing still., but both countries want to include it in a

long term modal shift perspective.

The Seine-Escaut Canal (also known in FR as Seine-Nord) has been making

good progress and is part of the Amsterdam-Marseille corridor, linking the

IWW networks of northern FR with those of BE and NL and thus with the

Rhine and Danube basins.

Tours-Bordeaux has been launched recently with financial support from the

EU through its innovative guarantee instrument with the EIB (the LGTT

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loan guarantee instrument); it can be considered as an example for

innovative financial set up.

Germany

Inclusion of nearly all major axis in the comprehensive and core network,

that are part of the DE planning framework for the next decade, eg

Hamburg/Bremen to Hanover, Berlin-Munich, Karlsruhe-Basel.

6 major DE ports in core netwok: Bremen, Bremerhaven, Wilhemshaven,

Lubeck, Hamburg, Ropstock.

DE therefore very well covered in terms of projects as well as in terms of the

geographical coverage: in the present Guidelines, DE is very poorly covered!

Greece

Inclusion of major rail and road axis in the comprehensive and core network,

as well of the ports of Thessaloniki, Athens (Piraeus), Igoumenitsa and

Patras.

Inclusion of many ports and airports on GR islands.

Hungary

Inclusion of nearly all major axis in the comprehensive and core network,

that are part of the HU planning framework for the next decade; due to the

geographical position of the main node of Budapest, the core network is very

dense. This implies: inclusion of Danube and its ports, inclusion of rail and

road links to Vienna, to Bucharest, to Belgrade, to Zagreb, to Ljubljana, to

Bratislava.

HU is therefore very well covered in terms of projects and maps!

Ireland

Inclusion of the major axis of IE in the comprehensive and core network,

linking Dublin with Cork and Belfast, as well as with Limerick on the

Atlantic Coast; Ireland therefore benefits from three core network ports and

from a rather extensive network.

Italy

Inclusion of nearly all major axes in the comprehensive and core network,

that are part of the IT planning framework for the next decade.

IT therefore very well covered in terms of projects as well as in terms of the

geographical coverage.

The link between Naples and Palermo has been included: Palermo is a large

urban zone (LUZ) of more than 1 million inhabitants and therefore is a node

to be included and connected. Sicily also provides the most direct links to

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Malta and therefore this link is included in the Helsinki-Valetta corridor.

Positive conclusion of Lyon-Torino: FR and IT concluded on a new sharing

of the costs and concluded on most of the technical issues still outstanding; a

letter co signed by both Ministers has been received.

Latvia

Inclusion of major axis in the comprehensive and core network, including

Riga to Tallinn and Riga to Kaunas along the new Rail/Via Baltica

alignment, as well as the link between Ventspils and the RU and BY border.

Lithuania

Inclusion of major axis in the comprehensive and core network, including

the north-south Riga-Kaunas-Marijampole-Warsaw and the east-west

Klaipeda-Kaunas-Vilnius-BU border in the core network.

Rail Baltic: the final choice to include the new, future alignment as the

works on upgrading the existing link are nearly completed.

Luxemburg

Inclusion of the Inland Waterway port of Mertert and of the Moselle river in

the Core.

Inclusion of the new rail link south of Luxemburg to Bettembourg.

Malta

Inclusion of two core ports: Valetta (capital) and Marsaxlokk (threshold).

Inclusion of a planned link between both islands (Malta and Gozo) in the

comprehensive network (road tunnel). It is expected that a feasibility study

will shed light on this issue. Apart from grants for studies at the start, no

further involvement than from innovative financial instruments is expected.

Netherlands

Inclusion of the entire Inland Waterway (IWW) network in the Core: for NL

this is very important, given the many IWW and the foreseen major works on

several of these axis.

Inclusion of the new lock complexes for access to the Amsterdam and

Terneuzen/Gent ports.

Inclusion of Vlissingen, Rotterdam and Amsterdam as core ports (all due to

their volume).

Inclusion of a relatively dense comprehensive and core network due to the

three ports and their hinterland connections; however, NL has been wanting

to focus on a limited number of links in line with the methodology.

NL is developing several innovative financing projects (Amsterdam locks,

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A4 and A15 highways).

Poland

Inclusion of nearly all major axis in the comprehensive and core network,

that are part of the PL planning framework for the next decade.

PL therefore well covered in terms of projects and maps; this is a major

change compared to the current Guidelines and the Priority Projects.

Double Y-grec for high speed has been included in the core (rail passengers).

The planning horizon 2030 could be respected. As this project is for the

moment not yet in a very advanced stage, the project list attached to the CEF

foresees studies only. For the next MFF, it is expected that other rail projects

would be implemented first given their state of preparedness.

Portugal

Inclusion of the core ports of Sines, Lisbon and Porto (Leixoes).

Inclusion of major axis in the comprehensive and core network, notably

Lisbon-Madrid and Porto- Valladolid.

Roumania

Inclusion of Bucharest, Constanta and Timisoara as nodes of the core.

Slovakia

Inclusion of Bratislava and the UA border as nodes and therefore the

inclusion of a rather dense comprehensive and core network

Slovenia

Inclusion of almost the entire road highway network and railway network in

the comprehensive network but also in the core network given the

geographical situation of SI and of its nodes (Ljubljana and Koper) and

surrounding countries.

Spain

Inclusion of nearly all major axis in the comprehensive and core network,

that are part of the ES planning framework for the next decade.

Mediterranean corridor: based upon the methodology, the Mediterranean

corridor has been included all along the coast from FR via Barcelona and

Valencia up to Carthagena and Almeria. From Almeria it follows an inland

route to Granada and then to Sevilla. This routing allows to link the nodes of

Valencia and Sevilla. The corresponding road alignment is via Malaga due to

traffic intensities.

Atlantic corridor linking Portugal via Madrid and Valladolid to the Basque

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country including Bilbao as a core port.

Central Pyrenean crossing has been agreed with FR to be included in the

comprehensive network: clearly, this link will not be realised until 2030, the

feasibility studies are ongoing still., but both countries want to include it in a

long term modal shift perspective.

Project implementation in ES is very good so far. ES has a strong project

portfolio. Important will be to integrate the rail freight network with its

neighbours FR and PT which is foreseen to be taken forward further in the

next MFF.

Sweden

Inclusion of major axis in the comprehensive and core network, including

the 'Bothnian corridor'. In particular the inclusion of the Bothnian corridor is

very important for SE.

Inclusion in the project list of important project such as Göteborg-Malmö

United Kingdom

Inclusion of the major axis of UK in the comprehensive and core network,

linking its main ports (notably Southampton and Felixstowe) with its many

nodes.

Inclusion of HS 2 in the comprehensive network for the moment: the

consultation process in the UK is ongoing and results will be known soon;

for the moment, no inclusion in the core is therefore possible.

UK has been very supportive of the methodology: putting focus on the

essential nodes and links between them. Therefore, there is largely support

for the revision as such.

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APPENDIX 2

DÁIL ÉIREANN

______________________

AN COMHCHOISTE UM CHOMHSHAOL, IOMPAR, CULTÚR AGUS

GAELTACHT

JOINT COMMITTEE ON THE ENVIRONMENT, TRANSPORT, CULTURE AND

THE GAELTACHT

______________________

Dé Máirt, 10 Eanáir 2012.

Tuesday, 10 January 2012.

______________________

The Joint Committee met at 14:20

____________________

MEMBERS PRESENT:

Deputy Noel Coonan,

Deputy Marcella Corcoran Kennedy,

Deputy Clare Daly,

Deputy Timmy Dooley,

Deputy Kevin Humphreys,

Deputy Michael P. Kitt,*

Deputy Sandra McLellan,

Deputy Catherine Murphy,

Deputy Gerald Nash,

Deputy Brian Walsh,

* In the absence of Deputy Robert Troy.

DEPUTY CIARÁN LYNCH

IN THE CHAIR.

Senator Cáit Keane,

Senator Catherine Noone,

Senator Ned O'Sullivan.

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Business of Joint Committee

Chairman:

I welcome members and wish them a happy new year. As we have a quorum

of six members, including one Deputy and one Senator we will commence the meeting. Is

that agreed? Agreed.

I remind members to turn off their mobile telephones. I propose we go into private

session to deal with some housekeeping matters before returning to public session. Is that

agreed? Agreed.

The joint committee went into private session at 2.30 p.m. and resumed in public session at 3

p.m.

Sitting suspended at 4.54 p.m. and resumed at 4.55 p.m.

Scrutiny of EU Legislative Proposals

Chairman:

We will now continue our consideration of EU legislative proposal COM

(2011) 650 on Union guidelines for the development of the trans-European transport

network. When we made our initial assessment of this draft measure, we agreed that the

significant proposal warranted further consideration, especially in respect of concerns raised

which may be relevant to the principal of subsidiarity.

I welcome Mr. Michael Harper, principal officer and transport counsellor in the Irish Per-

manent Representation to the EU in Brussels, Caoimhín Ó Ciaruain Úasail, assistant principal

officer, and Mr. Michael Morrissey, higher executive officer in the EU co-ordination and

Presidency preparations unit in the Department of Transport, Tourism and Sport, and thank

them for their attendance. I draw their attention to the fact that by virtue of section 17(2)(l) of

the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their

evidence to this committee. However, if they are directed by the committee to cease giving

evidence in respect of a particular matter and they continue to so do, they are entitled

thereafter only to a qualified privilege in respect of their evidence. They are directed that only

evidence connected with the subject matter of these proceedings is to be given and they are

asked to respect the parliamentary practice to the effect that, where possible, they should not

criticise nor make charges against any person, persons or entity by name or in such a way as

to make him, her or it identifiable. I also wish to advise them that the opening statements they

have submitted to the committee will be published on the committee’s website after this

meeting.

Members are reminded of the long-standing parliamentary practice to the effect that they

should not comment on, criticise or make charges against a person outside the Houses or an

official either by name or in such a way as to make him or her identifiable.

I call on Mr. Harper to address the committee.

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Mr. Michael Harper:

I thank the Chairman and the committee for this chance to speak

to it about the TEN-T dossier, which is an important one. It will loom large on the transport

agenda for the next 18 months or so and will probably feature on the agenda for the Irish

Presidency. I will go through the background, the implications for Ireland, our position so far

and where we are at in negotiations in Council.

In October, the Commission published two major proposals on the development of trans-

European networks. The first is the regulation defining the framework for the TEN-T over

the next 40 years, to 2050 and the second is, essentially, the financial instrument that is being

put in place to support it and which is called the Connecting Europe Facility. While we are

talking today mainly about the TEN-T proposal, the two proposals are very much interlinked

and they will be the core of instruments in shaping European transport policy over the

medium to longer term. Basically, they are based on the vision that was set out in the

Commission White Paper on transport on which I understand the committee got an

information note already.

On the TEN-T specifically, the Commission proposal is for a strategic framework to co-

ordinate investment decisions on European transport infrastructure networks which will

improve the connectivity of these networks. This will then replace the existing framework on

TEN-T which is much less specific than the proposal now before us.

One of the key differences between the existing TEN-T framework and the new one is

that the new one consists of two layers, namely, a core network which is to be completed by

2030 and a comprehensive network feeding into it which will be completed by 2050. There

are maps attached to the proposal which specify all of these links and notes. The

comprehensive network is intended to ensure extensive connectivity and coverage and to link

in to the core network. Both networks will cover all modes - road, rail, air, inland waterways

and ports.

The implementation of the core network in particular is to be managed using a so-called

corridor approach. This identifies ten corridors, one of which covers Ireland. They all cover

at least three modes, three member states and two cross-border sections.

European co-ordinators to be appointed by the Commission will chair corridor platforms -

essentially, committees - which will bring together the stakeholders, including the member

states, operators, etc., to design and deliver the various elements of the corridor. These

corridor platforms are effectively a management structure for the Commission to oversee the

delivery of the core network in the member states.

On the implications for Ireland, 40% of our exports go to the European Union. Most of

these exports are transported primarily on transport networks other than our own. It is in our

interest, therefore, to have effective and efficient transport infrastructure networks. Unfortu-

nately, the proposal has a price attached to it and in Ireland’s case it is a very high one which

is, in the main, unnecessary, in particular, in respect of railways.

The Commission estimates that investment of €250 billion will be needed to deliver the

key upgrades envisaged for the core network. As matters stand, it is envisaged that the

connecting Europe facility, CEF, will provide €21 billion over the period until 2020, with an

additional €10 billion to be provided from the Cohesion Funds. The latter will not be

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available to Ireland. The balance of the investment - more than 90% - will fall to member

states. Given our current financial position, this is not a runner in Ireland’s case.

Deputy Timmy Dooley:

If the money were provided, it would be a runner.

Mr. Michael Harper:

I will address that point in a moment.

The level of specification envisaged for the core and comprehensive networks is

disproportionate to the level of flows across the network, particularly to our isolated network.

This is especially true of rail. The European Commission’s objective of improving

connectivity and establishing a joined up European rail network is laudable. However,

irrespective of what it does, the Irish network will never be joined up to that of the rest of

Europe. What is sauce for the goose is not necessarily sauce for the gander in this case. I will

cite two examples. The proposal will require full electrification which is fine, for

understandable reasons, from the point of view of the Commission and continental Europe.

However, only a tiny proportion of Ireland’s track is electrified. Even when we had money

under the Transport 21 programme, the only electrification envisaged was between Malahide

and Balbriggan to extend the DART. No other electrification has ever been planned on the

mainline rail network simply because it is not justified by the nature of the network. Full

electrification would cost an estimated €3 billion and the goals of higher speed, greater

efficiency and capacity would still not be achieved without further very significant

investment in track, the elimination of level crossings, which is difficult and expensive, and

other safety upgrades.

The second example refers to roads. The proposal would require Ireland to provide rest

stops and secure truck parks every 30 miles. This measure cannot be justified economically

or commercially. We have some experience in establishing rest stops and rest areas on

motorways and it is not always a straightforward commercial proposition. The proposal

would require us to go much further than is necessary. Journeys in this country are usually of

less than four and a half hours’ duration and stops are not always required. In many cases,

driver have disembarked following a ferry crossing of eight or nine hours and will therefore

have had a rest.

We also have serious concerns about the governance structures set out in the proposal

which will have the Commission oversee the delivery of the corridors in question. We should

avoid imposing unnecessary burdens on member states and commercial operators. Under the

existing guidelines, we have completed a number of cross-Border transport infrastructure

projects on time and within budget. Given that North-South co-operation in this area is very

good, we do not see a need to add a further layer of unspecified Commission regulation and

thereby increase the level of administrative burden.

We fully support co-ordinated development of trans-European networks and, where

necessary, action at European level, particularly for cross-border sections of the transport

networks. However, the top down approach being adopted is excessive, a view that is shared

by a number of other member states. The Council, specifically its legal service, has been

asked for a written opinion, which it has not yet given, on Article 172 of the Treaty on

European Union, which effectively states that a member state must agree to any project of

common interest to be located on its territory. In other words, if we do not agree to a project,

it will not proceed. The Commission proposal, which is couched as a regulation and has high

levels of requirements, does not state what will happen where countries do not meet its

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requirements. However, having sought informal legal advice on the matter, I am informed

that a country which does not meet the requirements of a regulation will be taken to court and

a fine or other penalty will be imposed.

We are asking that a more nuanced approach be taken to the drafting of the regulation to

take account of the differences between member states, for example, different types of

infrastructure. Ireland, for instance, has a unique rail gauge. Other member states share our

concerns or have different concerns about the proposal. The primary concerns relate to the

level of cost involved, the legal obligation to deliver the proposed measures by certain dates

and the fact that the proposal pre-empts decisions by member state governments about what

they should spend their money on ten years before the event and, as a result, ties the hands of

governments that have not yet been elected.

At this stage, we have still to reach a common position in the Council. However, it is

likely that the common position, when reached, will be much different from the text proposed

by the Commission. We are reasonably confident that our concerns are gaining some traction

with the Council and Commission. We have had frequent discussions with the Commission

bilaterally and in meetings about our particular issues and officials are well aware of them. A

representative of the Commission will travel to Ireland later this month to see for himself

what our transport systems are like. We believe we will secure a better deal than that which is

on the table. We would be pleased to return to the joint committee to report on further

developments as and when they take place. While I have tried to cover everything, it is not

possible to do so. I will be pleased to answer any questions members may have.

Chairman:

I thank Mr. Harper. The relevant clerk provided members with a substantial

briefing on this issue before the Christmas recess. In addition, the Minister for Transport,

Tourism and Sport, Deputy Leo Varadkar, discussed the TEN-T proposal when he appeared

before the joint committee in December.

I will put a number of questions to Mr. Harper before asking members to contribute.

What allies have we found for our position in the European Union? Do they include Britain,

an island nation, albeit one with a rail link to continental Europe, which has peripheral

regions such as Wales and Scotland? What progress has been made in the debate on this

issue? Has the process of engagement commenced or is this issue peripheral in the wider

debate? The paper circulated by Mr. Harper states that the position Ireland has taken in

negotiations at technical and political level appears to be enjoying growing support among

other member states. Our position is that there is a clear case for a calibrated approach to the

implementation of the regulation which takes account of the specific nature of member

states’ transport infrastructure and specific traffic volumes in more peripheral parts of the

network. What progress is being made in respect of Ireland’s position? To return to my first

question, do we have allies who share our views?

Mr. Michael Harper:

I will take the Chairman’s questions in sequence. We have allies,

in particular but not confined to the United Kingdom which has similar concerns to us.

Britain also has a unique rail gauge, its railway is largely unelectrified and it does not have

plans to electrify most of it. I understand, for example, that none of the rail network in

Scotland, which is larger than the Irish rail network, is electrified.

28 Scrutiny of EU Legislati ve

Proposals

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At the next policy level up, none of the member states has spoken in favour of the

compulsion being applied to them. Germany, France, Britain, Italy, Ireland and others do not

like it.

Chairman:

In that case, it will be implemented.

Mr. Michael Harper:

As I stated, the general approach or whatever common position

the Council arrives at in March or June will have to be much more to the liking of the

member states because the member states must agree it. Once a common position has been

adopted, a dogfight will ensue with the European Parliament and in 18 months or thereabouts

a conciliation procedure, as it is known, will commence. This is a treaty based process which

sets out the steps to be taken and a deadline for concluding the procedure. If an agreement is

not reached, and the agreement of member states is required, the entire process collapses.

Unfortunately, this process is likely to take place on our watch as it will probably coincide

with the Irish Presidency. For this reason, we will have an interest in securing an agreement

and achieving a success. However, we will not be interested in securing an agreement that is

anything like that which the Commission has proposed.

On progress made to date, the European Parliament appointed a rapporteur, Mr. Georgios

Koumoutsakos, MEP, from the European People’s Party, in December. It has not yet started

on its part of the process, however, and progress is slow. The Council was pushed hard by the

Polish Presidency to reach what it called a partial general approach, which could also be

described as a bit of agreement. The document on which it based its efforts was

unsatisfactory from our point of view. It was better than the Commission’s proposal but as it

was still not sufficient for us we said, “No thank you, we will just have a progress report.”

That position was also taken by every other member state. The member states are not in a

hurry to rush this through. A considerable number of details issued will have to be addressed

and much more discussion is needed. Anonymous officials in Brussels will be holding

meetings for a long time to come before the proposal reaches the political level.

The Danish Presidency has taken up the reins on the matter and it has great hopes of

achieving agreement in Council in March. We do not think that will happen, however. It

might agree something in June if it is able to craft proposals which the Germans are able to

swallow. If the Germans and the French do not like it, nobody else will be obliged to accept

it.

Deputy Timmy Dooley:

I thank the officials for their comprehensive presentation. The

biggest issue posed for the State is the potential cost. That it is a non-runner in the current

environment should not deter us from developing a vision for future transport links across

Europe. Even though it appears farcical at present, there is merit in co-ordinating transport

networks across Europe. However, Ireland, Britain and other island nations would have to be

treated differently from the central hub of Europe, where it is possible to travel between

countries without noticing borders. That is the vision for the European Union in terms of

transporting goods and people. The issue of capital obviously does not arise in the crossing of

borders by road. Ireland would have to be treated differently because one cannot travel by

train from here to the rest of Europe.

We should consider the electrification of our rail network for environmental reasons

rather than for the objective of developing a European transport network. Something can be

identified in terms of design standards but we must build step by step rather than change over

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in one fell swoop. I am not sure this would breach the principle of subsidiarity given that we

are an island nation. I understand why a country in the middle of two others would want to

achieve a common standard but the principle of subsidiarity might not arise in respect of

Ireland and Britain, depending on whether Scotland becomes an independent state at some

point.

In regard to proportionality and costs, it is not a proportionate response to a requirement

to build that network when the cost implications are considered.

In regard to rest stops, I acknowledge the economic issues that arise but, domestically, we

have to decide the design standards we require. We have come to understand that rest stops

should be singing and dancing purpose-built facilities with a set array of services. From a

road safety point of view, however, there is a greater requirement for basic services, whether

in terms of road stops or refreshments.

The officials are taking the correct approach to this document from a cost perspective.

The clerk to the committee has experience of these issues from his work on the Joint

Committee on European Affairs. The Lisbon treaty allows parliaments to discuss issues of

this nature and we will pursue them at a later stage in that context.

Deputy Catherine Murphy:

The song, “If I Were a Rich Man”, comes to mind. I do not

disagree on the value of taking a long-term strategic approach to these matters, given that we

are a major exporter and require access to these networks in other countries. We should

express a view on the mainland European dimension as well as our own needs.

It was only when the issue of electrification was seriously considered for the Maynooth

and Kildare lines that thought was given to the implications. The considerable work that

would be required, for example to adapt small bridges for cabling, would be highly disruptive

and expensive. There are approximately 11 bridges on the Kildare line. If there is insufficient

money to surface roads, it is difficult to justify expenditure to raise bridges on a system that,

because of settlement patterns, does not carry a large volume of passengers. This is not

typical of many mainland European countries with large populations. It is only when one

stands on a platform in France and Italy and watches goods trains with 50 cars pass by that

one realises the value of such a system.

As I frequently take trains in mainland Europe, I have encountered difficulties in crossing

borders and differences in prices between, for example, France, Spain and Italy, which heav-

ily subsidise their rail networks, and Britain, where train tickets are expensive. I recognise the

value of taking a common approach but ownership issues arise in terms of the investments.

The solution will not be straightforward and subsidiarity must be considered where the

European Court of Justice may be investigating commitments that we have not delivered on.

At the same time, however, we have to consider the longer term given that we are

approaching peak oil production, if we are not at that point already. The way we move people

and goods will change dramatically in the future. We need to protect our position in terms of

the financial implications that could ensue.

Chairman:

To bring things to a conclusion, I will outline a number of options that are

before the committee. As Deputy Dooley indicated, this is a new responsibility for

committees such as ours. Even though it is late in the evening, there are a few of us here. This

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is probably the most serious issue we will discuss this week because we will get to make a

decision on it.

The first option is that we can propose that the policy clerk draft a brief contribution to be

sent to the European Parliament and Commission outlining the concerns we have expressed

here today, which are genuine. People are generally favourable towards the overall idea of

integration, but there are particular concerns for us as an island nation. The committee also

has the option of recommending to both Houses a reasoned opinion on the principle of

subsidiarity. Our concerns are of a general nature and, therefore, what I propose is that we

issue a contribution to the European Parliament and Commission and Ireland’s MEPs on this

matter. If we were to go further than that we would be raising a flag and the two Houses

would have to pass our proposal, but I do not know whether we are at that point. There are

serious concerns but, based on Mr. Harper’s progress report, we do have allies; it is not as

though we are totally on our own and need to put up a flag at this moment. I propose that we

issue that contribution to the Commission, with the committee’s permission. Is that agreed?

Deputy Timmy Dooley:

I have no problem with that in principle but there has been quite

a bit of discussion of this issue at previous European committees, and we also discussed it be-

fore in the context of EU scrutiny. We were always trying to find ways of building alliances

at parliamentary level. While we do not want to do anything that will hinder what Mr. Harper

is doing, if we can build some kind of alliance among national parliaments through the

process that exists, it can only be helpful in terms of bringing this issue to the attention of

national parliaments. Whether it is done through COSAC or through the forum as set out in

the Lisbon treaty, it might be worth looking at.

Perhaps we could get some advice from the clerk for our next meeting so that we can con-

sider the options, of which there are quite a number. It might help with something we have

been trying to do for a while, which is to bring the European debate as it relates to the

sectoral committees back to the sectoral committees, rather than having issues dealt with

separately through the scrutiny committee, as was the case in the past. This is an ideal

solution. Having sat on previous European affairs and scrutiny committees, and having for a

long time encouraged the sending of this type of material back to the sectoral committees, we

have now achieved this, and there is an opportunity for us to use the network of European

national parliaments to generate a debate and build our alliances. That can only help Mr.

Harper in his work.

Chairman:

Listening to Deputy Dooley, I had an analogy in my head. It is similar to

sitting in a train carriage and being tempted to press the emergency stop button.

Deputy Timmy Dooley:

It never crossed my mind, Chairman. If that is the case, you are

spending too much time on the train. You need the fast train.

Chairman:

While we would all like to flag something, I do not want to overstate the

situation. I ask the clerk to do the briefing exercise. The document must be sent by 1

February, and we can consider other options that are on the table as well at that stage. We

will not yank the chain yet, if that is all right with Deputy Dooley.

Deputy Catherine Murphy:

Will we discuss this again?

Chairman:

Yes, it will come back to us. Is that agreed? Agreed.

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I thank Mr. Harper, Mr. Ó Ciaruain and Mr. Morrissey for assisting us in our

deliberations today. They are excused. At our meeting tomorrow we will meet the chairman

designate of the Dublin Airport Authority.

The joint committee adjourned at 5.25 p.m. until 10.30 a.m. on Wednesday, 11 January 2012.

APPENDIX 3

PROPOSAL FOR A

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL

ON UNION GUIDELINES FOR THE DEVELOPMENT OF THE

TRANS-EUROPEAN TRANSPORT NETWORK

COM(2011) 650 FINAL

EUROPEAN COMMISSION

Brussels, 19.10.2011

COM(2011) 650 final

2011/0294 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Union guidelines for the development of the Trans-European Transport Network

(Text with EEA relevance)

{SEC(2011) 1212 final}

{SEC(2011) 1213 final}

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EXPLANATORY MEMORANDUM

1.1.

CONTEXT OF THE PROPOSAL

Background and objectives

Since the mid 80ies the Trans-European transport network (TEN-T) policy has been setting

the policy framework for the development of infrastructure for the smooth functioning of the

internal market and for ensuring economic, social and territorial cohesion and improved

accessibility across the EU. This led in 1992 to the inclusion of a specific legal basis for trans-

European networks in the Maastricht Treaty and in 1994, at the European Council in Essen, to

the adoption of a list of 14 major projects.

In 1996 the European Parliament and the Council adopted the first Guidelines defining the

TEN-T policy and infrastructure planning

. There was a major revision of the Guidelines in

2004, taking into account EU enlargement and the expected changes in traffic flows

Furthermore, the list of 14 priority projects was extended.

Several financial and non-financial instruments have been set up to facilitate the

implementation of projects. These instruments include the TEN Financial Regulation

, the

Cohesion Fund, the European Regional Development Fund (ERDF) and loans from the

European Investment Bank, along with coordination initiatives by the Commission.

In 2010, in the interest of clarity, the European Parliament and the Council adopted Decision

No 661/2010/EU, a recast of the TEN-T Guidelines

To date, transport infrastructure as such is well-developed within the European Union.

However, it is still fragmented, both geographically and between and within transport modes.

The main objective of these new Guidelines, which will replace Decision 661/2010, is to

establish a complete and integrated trans-European transport network, covering all Member

States and regions and providing the basis for the balanced development of all transport

modes in order to facilitate their respective advantages, thereby maximising the value added

for Europe of the network.

In the light of the challenges for the TEN-T policy, also identified by the White Paper

'Roadmap to a Single European Transport Area – Towards a competitive and resource

efficient transport system

("the White Paper"), these Guidelines will define a long-term

strategy for the TEN-T policy up to 2030/2050.

Decision No 1692/96 of the European Parliament and of the Council of 23 July 1996 on Community

guidelines for the development of the trans-European transport network, OJ L 228, 9.9.1996, p. 1.

Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending

Decision No 1692/96/EC on Community guidelines for the development of the trans-European

transport network, OJ L 201, 7.6.2004, p. 1.

Regulation (EC) No 680/2007 of the European Parliament and of the Council of 20 June 2007 laying

down general rules for the granting of Community financial aid in the field of trans-European transport

and energy networks, OJ L 162, 22.6.2007, p. 1.

Decision No 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union

Guidelines for the development of the trans-European transport network (recast), OJ L L 204, 5.8.2010,

p. 1.

COM(2011) 144.

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1.2.

Issues addressed

Five main problems need to be tackled at EU level:

First, missing links, in particular at cross-border sections, are a major obstacle to the free

movement of goods and passengers within and between the Member States and with its

neighbours.

Second, there is a considerable and enduring disparity in quality and availibility of

infrastructure between and within the Member States (bottlenecks). In particular the east-west

connections require improvement, through the creation of new transport infrastructure and/or

maintenance, rehabilitation or upgrading of existing infrastructure.

Third, transport infrastructure between the transport modes is fragmented. As regards making

multi-modal connections, many of Europe's freight terminals, passenger stations, inland ports,

maritime ports, airports and urban nodes are not up to the task. Since these nodes lack multi-

modal capacity, the potential of multi-modal transport and its ability to remove infrastructure

bottlenecks and to bridge missing links is insufficiently exploited.

Fourth, investments in transport infrastructures should contribute to achieve the goals of

reduction of greenhouse gas emissions in transport by 60% by 2050.

Finally, Member States still maintain different operational rules and requirements, in

particular in the field of interoperability, which add to the transport infrastructure barriers and

bottlenecks.

1.3.

Fields of action

This proposal aims to establish and develop a complete TEN-T, consisting of infrastructure

for railways, inland waterways, roads, maritime and air transport, thereby ensuring the smooth

functioning of the internal market and strengthening economic and social cohesion.

To achieve these objectives, the first field of action is "conceptual planning". Based on input

from a public consultation of stakeholders, the Commission concluded that the TEN-T could

be best developed through a dual-layer approach, consisting of a comprehensive network and

a core network.

The comprehensive network constitutes the basic layer of the TEN-T. It consists of all

existing and planned infrastructure meeting the requirements of the Guidelines. The

comprehensive network is to be in place by 31 December 2050 at the latest.

The core network overlays the comprehensive network and consists of its strategically most

important parts. It constitutes the backbone of the multi-modal mobility network. It

concentrates on those components of TEN-T with the highest European added value: cross

border missing links, key bottlenecks and multi-modal nodes. The core network is to be in

place by 31 December 2030 at the latest.

The second field of action concerns the implementation instruments. The Commission has

developed the concept of core network corridors, taking due account of the rail freight

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corridors

. These corridors will provide the framework instrument for the coordinated

implementation of the core network. In terms of scope, the core network corridors will in

principle cover three transport modes and cross at least three Member States. If possible, they

should establish a connection with a maritime port. In terms of activities, the core network

corridors will provide a platform for capacity management, investments, building and

coordinating multi-modal transhipment facilities, and deploying interoperable traffic

management systems.

1.4.

Consistency with other EU policies and objectives

The proposal fits within the policy announced by the Commission in the White Paper. It is

explicitly mentioned as part of Initiative 34 concerning the core network of strategic European

infrastructure

In particular, these Guidelines follow the strategy set out in the White Paper: to remove major

barriers and bottlenecks in key areas of transport infrastructure. The aim is to create a Single

European Transport Area with better transport services and a fully integrated transport

network. This will link the different modes and bring about a profound shift in transport

patterns for passengers and freight. This shift is necessary to meet the aim of cutting

greenhouse gas emissions from transport by 60% by 2050.

Without the support of an adequate network and a smarter approach to using it, no major

change in transport will be possible. Infrastructure planning and development are considered

essential in order to develop a sustainable transport system.

The proposal will also contribute to the policy goals outlined in the Commission's

communication "A Digital Agenda for Europe"

by supporting the implementation of

intelligent transport systems. It also is one of the measures of the Single Market Act proposed

by the Commission in April 2011

as the networks are the backbone of the internal market

and play a key role in encouraging the fluid and efficient circulation of goods and services.

Furthermore, promoting sustainable transport has been identified as one of the means for

achieving one of the three key priorities of the Europe 2020 strategy for smart, sustainable

and inclusive growth adopted by the Commission on 3 March 2010

, namely sustainable

growth, by addressing critical bottlenecks, in particular cross border sections and intermodal

nodes (cities, ports, logistic platforms).

Moreover, the proposal contributes to the strengthening of territorial cohesion of EU territory

- which is one of EU objectives - together with economic and social cohesion.

Regulation (EU) No 913/2010 of 22 September 2010 of the European Parliament and of the Council

concerning a European rail network for competitive freight, OJ L 276, 20.10.2010, p. 22.

See section 3.1: "Transport infrastructure: territorial cohesion and economic growth" of Annex 1 to the

White Paper.

COM(2010) 245 final/2.

COM(2011) 206 final.

COM(2010) 2020 final.

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2.1.

RESULTS OF CONSULTATIONS WITH INTERESTED PARTIES AND

IMPACT ASSESSMENTS

Consultation of interested parties

The Commission carried out a wide and intensive public stakeholder consultation from

February 2009 to June 2010.

The Commission launched the consultation process with the adoption of a Green Paper. It

opened the debate on key challenges and objectives for TEN-T policy and possible ways to

meet them

Building on the contributions from stakeholders, the Commission set up six Expert Groups,

which between November 2009 and April 2010 analysed a number of key aspects of future

TEN-T development

. The Expert Groups' recommendations were included in a Commission

Working Document presented for public consultation on 4 May 2010

These public consultations attracted more than 530 contributions in total. A large majority of

contributors supported the option of a new dual-layer approach to TEN-T planning, with a

comprehensive network as the basic layer and a core network consisting of the strategically

most important parts of the TEN-T.

In October 2009 and in June 2010 ministerial and stakeholder conferences were held in

Naples and Zaragoza respectively.

In February 2011, the Commission presented to the Council and European Parliament a Staff

Working Document

that further developed the methodology and the planning and

implementation scenarios.

2.2.

Collection and use of expertise

In addition to the public stakeholders consultation, the Commission has been in continuous

contact with Member States through the committee for monitoring the Guidelines and

exchanging information, set up by Decision No 1692/96/EC. Through this committee, which

has been meeting on a monthly basis since 2010, the Member States were informed about the

progress and content of the revision process.

Furthermore, the Commission services organised several rounds of bi-lateral and multi-lateral

meetings with Member States, to discuss in detail the development of the comprehensive

network and to present the main features of the core network.

"TEN-T: A policy review. Towards a better integrated trans-European transport network at the service

of the Common Transport Policy", COM (2009) 44 final.

The fields covered by the expert groups are: the structure of a comprehensive and core network and the

methodology for TEN-T planning, integration of transport policy into TEN-T planning, intelligent

transport systems and new technologies within the framework of the TEN-T, TEN-T and connections

outside the EU, TEN-T financing, TEN-T legal and non-financial aspects.

Consultation on the future trans-European transport network policy", COM(2010) 212 final.

"The New Trans-European Transport Network Policy. Planning and implementation issues",

SEC(2011) 101.

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Contacts with individual interested parties have been established through separate meetings,

at conferences and through the EU Coordinators at meetings of their respective Priority

Projects.

2.3.

Impact Assessment

The Impact Assessment identifies four specific objectives for adressing the problem of a

fragmented network.

To enhance coordination in EU planning, the first specific objective is to :

–

Define a coherent and transparent approach to maximise the EU added value of the

TEN-T, addressing aspects of network fragmentation linked to missing links,

multimodality, and adequate connections to neighbouring and third countries, as well

as to ensure adequate geographical coverage.

With a view to designing a sound governance structure to secure implementation of an

optimal network configuration, the other three specific objectives are to:

–

Foster the implementation of European

standards

for management systems and push

for the development of harmonised operational rules for TEN-T projects of common

interest. This objective does not aim to impose new specific standards and rules, but

rather to ensure the effective adoption and implementation of common European

standards already developed.

Enhance Member States cooperation in order to coordinate investments, timing, the

choice of routes, and environmental and cost-benefit assessments for projects of

common interest.

Ensure that the optimal network configuration is a key element in the allocation of

EU funding allowing for a focus on cross-border sections, missing links and

bottlenecks.

–

Two policy options were the result:

–

Option 1, combining a planning approach largely based on the current policy, though

with certain amendments in the light of the experience gained, with a reinforced

coordination approach to implementation;

Option 2, combining a stronger approach to planning coordination, through

identification of an optimised configuration for the strategic "core" of the TEN-T,

with the same reinforced coordination approach to implementation.

–

Each option would bring significant improvements when compared to the baseline policy

approach, both in terms of effectiveness in implementation and in terms of economic, social

and environmental impacts. Option 2, due to the stronger coordination at both planning and

implementation levels, would have an overall higher positive impact.

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2.4.

Methodology for the design of the core network

The core network design as included in this proposal is the outcome of a commonly agreed

methodology. It has been designed in accordance with the following two-step methodology.

The first step was the identification of main nodes:

–

Urban main nodes, comprising all Member States' capitals, all "MEGA" cities

according to ESPON and all other large urban areas or conurbations, including their

entire relevant multimodal infrastructure as far as part of the comprehensive network;

in total 82 urban nodes have been identified and are listed in annex to the Guidelines;

the ports and airports directly belonging to the urban node are part of the core

network;

Outside these urban main nodes, ports which exceed a certain volume threshold or

fulfil certain geographical criteria; in total, 82 ports are listed in annex to the

Guidelines;

The most relevant border crossing points: one per mode between each Member State

and each neighbouring country; in total 46 border crossing points are listed in annex

to the Guidelines.

–

The second step consisted in connecting these main nodes by multimodal links (road, rail,

inland waterway), according to availability or feasibility, taking into account effectiveness

and efficiency and preferably using existing infrastructure.

3.1.

LEGAL ELEMENTS OF THE PROPOSAL

Summary of the measures proposed

The proposed Regulation will repeal and replace Decision 661/2010/EU of the European

Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the

trans-European transport network.

The proposal contains the following main elements:

–

TEN-T will be developed gradually through the implementation of a dual layer

approach, comprising a comprehensive network and a core network.

The comprehensive network is to be in place by 31 December 2050 at the latest,

whereas the core network is to be implemented as a priority by 31 December 2030.

The Guidelines set the framework for identifying projects of common interest. These

projects contribute to the development and establishment of TEN-T through the

creation, maintenance, rehabilitation and upgrading of infrastructure, through

The detailed methodology has been published in the Commission Staff Working Document "The New

Trans-European Transport Network Policy – Planning and Implementation Issues" in January 2011. It

has been subject to minor adjustments regarding issues which were raised at a Transport Ministers'

meeting on 7/8 February 2011 and at meetings with high-level representatives of all EU Member States.

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measures to promote the resource-efficient use of infrastructure and by enabling

sustainable and efficient freight transport services.

–

With a view to cooperation with third and neighbouring countries

the European

Union may promote projects of mutual interest.

The comprehensive network is specified by:

–

maps;

infrastructure components;

infrastructure requirements;

priorities for promoting projects of common interest.

Freight terminals, passenger stations, inland ports, maritime ports and airports will

connect transport modes in order to allow multi-modal transport;

Urban nodes form key elements in the comprehensive network as connecting points

between the different transport infrastructures;

The guidelines lay down specific requirements for the core network, in addition to

the requirements for the comprehensive network, for example availability of

alternative fuels. The Commission will monitor and evaluate the progress made in

implementing the core network.

Core network corridors are an instrument for implementing the core network. They

are to be based on modal integration and interoperability and lead to coordinated

development and management.

European Coordinators will facilitate the coordinated implementation of the

corridors, in cooperation with corridor platforms to be established by Member States

concerned.

Each corridor platform will establish a multi-annual development plan, including

investment and implementation plans, as a management structure. Based on this

information the Commission will adopt implementing acts (decisions) for each

corridor.

The proposal calls for regular revision of the annexes by means of delegated acts in

order to update the maps of the comprehensive network. It also envisages a review of

the core network by 2023.

–

In Annex III the regional transport networks of these countries are provided to the extent that they have

already been defined. For neighbourhood countries under the Eastern Partnership, the regional network

will be defined following the work of the Transport Panel under the Eastern Partnership, building on

work carried out in the framework of TRACECA. For the neighbourhood countries in the South, the

regional network will be defined on the basis of the work undertaken in the framework of the Euro-

Mediterranean Transport Forum.

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3.2.

Legal basis

The legal basis for this proposal is Article 172 TFEU.

3.3.

Subsidiarity principle

The coordinated development of a trans-European transport network to support transport

flows within the single European market and economic, social and territorial cohesion within

Europe requires action to be taken at European Union level, as such action could not be taken

individually by Member States. This is particularly the case for cross-border sections.

3.4.

Proportionality principle

The proposal complies with the proportionality principle, and 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 networks.

3.5.

Choice of instrument

The current TEN-T Guidelines were proposed and adopted as a Decision of the European

Parliament and of the Council. This Decision is specifically addressed to the Member States,

rendering the Guidelines binding in their entirety for all the Member States.

While the Member States have traditionally been the main actors involved in transport

infrastructure development and management, developments suggest that this situation has

been progressively changing. Regional and local authorities, infrastructure managers,

transport operators and other public and private entities have also become key actors in the

development of infrastructure.

With more actors besides the Member States becoming involved in the planning, development

and operation of TEN-T, it is important to ensure that the Guidelines are binding for all. The

Commission has therefore chosen a Regulation as the legal instrument for this proposal.

Moreover, it should be noted that the proposal is intended to cover the period up to 2050. It is

therefore difficult to anticipate all categories of actors that could become involved in TEN-T

implementation projects in that period.

3.6.

European Economic Area

The proposed act concerns an EEA matter and should therefore extend to the European

Economic Area.

BUDGETARY IMPLICATIONS

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

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CONNECTING EUROPE FACILITY

In the context of the Communication on the Multi-annual Financial Framework 2014-2020

the Commission has announced the creation of a new instrument at EU level, the ''Connecting

Europe Facility", which will finance EU priority infrastructure in transport, energy and digital

broadband. The facility will support infrastructures with a European and Single Market

dimension, targeting EU support on priority networks that must be implemented by 2020 and

where European action is most warranted. The facility will have a single fund of € 50 billion

for the period 2014-2020, of which € 31.7 billion will be allocated to transport, out of which

€10 billion ring fenced for related transport infrastructures investments inside the Member

States eligible under the Cohesion Fund. The Communciation also suggests that infrastructure

projects of EU interest that pass through neighbourhood and pre-accession countries should in

the future be coordinated and reinforced through the new Connecting Europe Facility.

Together with the Connecting Europe Facility, the present guidelines will establish the

priorities for European funding of transport infrastructure.

SIMPLIFICATION

The proposal contributes to the simplification of existing rules. Through the new corridor

approach and the establishment of corridor platforms, the project preparation can be

streamlined.

COM(2011) 500 final.

Such coordination could involve among others funding from the Neighbourhood Investment Facility

(NIF) or the Instrument for Pre-Accession Assistance (IPA)

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2011/0294 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Union guidelines for the development of the Trans-European Transport Network

(Text with EEA relevance)

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 Committee

Having regard to the opinion of the Committee of the Regions

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)

Decision No 1692/96/EC of the European Parliament and of the Council of 23 July

1996 on Community guidelines for the development of the trans-European transport

network

was recast in the interest of clarity by Decision No 661/2010/EU of the

European Parliament and of the Council of 7 July 2010 on Union guidelines for the

development of the trans-European transport network

The planning, development and operation of trans-European transport networks

contribute to the attainment of major Union objectives, such as the smooth functioning

of the internal market and the strengthening of economic and social cohesion and also

have the specific objectives of allowing the seamless and sustainable mobility of

persons and goods and ensuring accessibility for all regions of the Union.

These specific objectives should be achieved by establishing interconnections and

interoperability between national transport networks in a resource-efficient way.

(2)

(3)

OJ C , , p. .

OJ L 228, 9.9.1996, p.1.

OJ L 204, 5.8.2010. p. 1.

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(4)

Growth in traffic has resulted in increased congestion on international transport

corridors. In order to ensure the international mobility of goods and passengers, the

capacity of the trans-European transport network and the use of this capacity should be

optimised and, if necessary, expanded by removing infrastructure bottlenecks and

bridging missing infrastructure links within and between Member States.

As stated in the White Paper on Transport "Roadmap to a Single European Transport

Area – Towards a competitive and resource efficient transport system"

, the

efficiency and effectiveness of transport can be significantly enhanced by ensuring a

better modal integration across the network, in terms of infrastructure, information

flows and procedures.

The White Paper calls for the deployment of transport-related information and

communication technology to ensure improved and integrated traffic management and

to simplify administrative procedures through improved freight logistics, cargo

tracking and tracing, and optimised schedules and traffic flows. As such measures

promote the efficient management and use of transport infrastructure they should fall

within the scope of this Regulation.

The trans-European transport network policy has to take into account the evolution of

the transport policy and infrastructure ownership. In the past, Member States were the

principal entity in charge of creating and maintaining transport infrastructure.

However, other entities, including private, have also become relevant for the

realisation of a multimodal trans-European transport network, including for example

infrastructure managers, concessionaires or port and airports authorities.

The trans-European transport network consists to a large extent of existing

infrastructure. This existing infrastructure is managed by different public and private

entities. In order to achieve fully the objectives of the new trans-European transport

network policy, uniform requirements regarding the infrastructure have to be

established in a Regulation in order to be complied with by any entity responsible for

the infrastructure of the trans-European transport network.

The trans-European transport network should best be developed through a dual layer

approach, consisting of a comprehensive network and a core network, these two layers

being the highest level of infrastructure planning within the Union.

The comprehensive network should be a European-wide transport network ensuring

the accessibility of all regions in the Union, including the remote and outermost

regions, as also pursued by the Integrated Maritime Policy

, and strengthening

cohesion between them. The guidelines should set the requirements for the

infrastructure of the comprehensive network, in order to achieve a high-quality

network throughout the Union by 2050.

The core network should be identified and implemented as a priority within the

framework provided by the comprehensive network by 2030. It should constitute the

backbone of the development of a multi-modal transport network and stimulate the

development of the entire comprehensive network. It should enable Union action to

COM(2011) 144 final.

COM(2007) 575 final.

(5)

(6)

(7)

(8)

(9)

(10)

(11)

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concentrate on those components of the trans-European transport network with the

highest European added value, in particular cross-border sections, missing links,

multi-modal connecting points and major bottlenecks.

(12)

In order to establish the core and the comprehensive network in a coordinated and

timely manner, allowing thereby maximising the network benefits, Member States

concerned should ensure that the projects of common interest are finalised by 2030

and 2050 respectively.

It is necessary to identify projects of common interest which will contribute to the

achievement of the trans-European transport network and which correspond to the

priorities established in the guidelines.

Projects of common interest should demonstrate a clear European added value. Cross-

border projects typically have high European added value, but may have lower direct

economic effects compared to purely national projects. Therefore, they are likely not

to be implemented without Union intervention.

As the development and implementation of the trans-European transport network is

not solely carried out by Member States, all promoters of projects of common interest

such as local and regional authorities, infrastructure managers or other private or

public entities should be subject to the rights and obligations of this Regulation, as

well other relevant Union and national rules and procedures, when carrying out such

projects.

Cooperation with neighbouring and third countries is necessary to ensure connection

and interoperability between the respective infrastructure networks. Therefore the

Union should where appropriate promote projects of mutual interest with those

countries.

In order to achieve modal integration across the network, adequate planning of the

trans-European transport network is required. This also implies the implementation of

specific requirements throughout the network in terms of infrastructure, intelligent

transport systems, equipment, and services. It is therefore necessary to ensure adequate

and concerted deployment of such requirements across Europe for each transport mode

and for their interconnection across the trans-European transport network and beyond,

in order to obtain the benefits of the network effect and to enable efficient long-range

trans-European transport operations.

In order to determine existing and planned transport infrastructures for the

comprehensive and the core network, maps should be provided and adapted over time

to take into account the evolution of traffic flows. The technical basis of the maps is

provided by the Commission's TENtec system which contains a higher level of detail

concerning the trans-European transport infrastructure.

The guidelines should set priorities in order to achieve the objectives within the given

time horizon.

Intelligent transport systems are necessary to provide the basis for optimising of traffic

and transport operations and improving related services.

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

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(21)

The guidelines should provide for the development of the comprehensive network in

urban nodes, as those nodes are the starting point or the final destination ("last mile")

for passengers and freight moving on the trans-European transport network and are

points of transfer within or between different transport modes.

The trans-European transport network, thanks to its large scale, should provide the

basis for the large-scale deployment of new technologies and innovation, which, for

example, can help enhance the overall efficiency of the European transport sector and

curb its carbon footprint. This will contribute towards the Europe 2020 strategy and

the Transport White Paper's target of a 60% cut in greenhouse gas emissions by 2050

(based on 1990 levels) and at the same time contribute to the objective of increasing

fuel security for the Union.

The trans-European transport network has to ensure efficient multi-modality in order

to allow better modal choices to be made and large volumes to be consolidated for

transfers over long distances. This will make multi-modality economically more

attractive for shippers.

In order to achieve a high-quality and efficient transport infrastructure across all

modes the guidelines should contain provisions regarding the security and safety of

passengers and freight movements, the impact of climate change and of potential

natural and man-made disasters on infrastructure and accessibility for all transport

users.

The core network should be a subset of the comprehensive network overlaying it. It

should represent the strategically most important nodes and links of the trans-

European transport network, according to traffic needs. It should be multi-modal, i.e.

include all transport modes and their connections as well as relevant traffic and

information management systems.

In order to implement the core network within the given time horizon, a corridor

approach could be used as an instrument to coordinate on a transnational basis

different projects and synchronise the development of the corridor, thereby

maximising network benefits.

Core network corridors should also address wider transport policy objectives and

facilitate modal integration and multi-modal operations. This should allow specially

developed corridors that are optimised in terms of energy use and emissions, thus

minimising environmental impacts, and are also attractive for their reliability, limited

congestion and low operating and administrative costs. An initial list of corridors

should be included in the Regulation (EU) XXX/2012 [Connecting Europe Facility],

but should be adaptable in order to take account of changes in traffic flows.

Designing the right governance structure and identifying the sources of financing for

complex cross-border projects would be eased by creating corridor platforms for such

core network corridors. European Coordinators should facilitate the coordinated

implementation of the core network corridors.

In developing core network corridors due account should be given to the rail freight

corridors set up in accordance with Regulation (EU) No 913/2010 of 22 September

2010 of the European Parliament and of the Council concerning a European rail

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

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network for competitive freight

as well as to the European Deployment Plan for

ERTMS provided for in Commission Decision 2009/561/EC of 22 July 2009

amending Decision 2006/679/EC as regards the implementation of the technical

specification for interoperability relating to the control-command and signalling

subsystem of the trans-European conventional rail system

(30)

In order to maximise consistency between the guidelines and the programming of the

relevant financial instruments available at Union level, trans-European transport

network funding should be based on this Regulation and draw on the Connecting

Europe Facility

. Correspondingly, it should aim at aligning and combining funding

from relevant internal and external instruments such as structural and cohesion funds,

the Neighbourhood Investment Facility (NIF), the Instrument for Pre-Accession

Assistance (IPA)

, and from financing from the European Investment Bank, the

European Bank for Reconstruction and Development and other financial institutions.

In particular, when developing the trans-European transport network, Member States

should take into account to the ex ante conditionalities applicable to transport as

provided for in Annex IV to Regulation (EU) No XXX2012 [Regulation laying down

common provisions on the European Regional Development Fund, the European

Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural

Development and the European Maritime and Fisheries Fund covered by the Common

Strategic Framework and laying down general provisions on the European Regional

Development Fund, the European Social Fund and the Cohesion Fund and repealing

Regulation (EC) No 1083/2006].

In order to update the Annexes and in particular the maps to take into account possible

changes resulting from the actual usage of certain elements of transport infrastructure

analysed against pre-established quantitative thresholds, the power to adopt acts in

accordance with Article 290 of the Treaty on the Functioning of the European Union

should be delegated to the Commission in respect of amendments to the Annexes. It is

of particular importance for the Commission to carry out appropriate consultations

during its preparatory work, including at expert level. The Commission, when

preparing and drawing-up delegated acts, should ensure a simultaneous, timely and

appropriate transmission of relevant documents to the European Parliament and to the

Council.

In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission. Those powers should

be exercised in accordance with Regulation (EU) No 182/2011 of the European

Parliament and of the Council of 16 February 2011 laying down the rules and general

principles concerning mechanisms for control by Member States of the Commission’s

exercise of implementing powers

(31)

(32)

OJ L 276, 20.10.2010, p. 22.

OJ L 194, 25.7.2009, p. 60.

Regulation (EU) No XXX/2012 of … [Connecting Europe Facility]

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession

Assistance (IPA), OJ L 210, 31.7.2006, p. 82.

COM(2011) 615 final.

OJ L 55, 28.2.2011, p. 13.

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(33)

Since the objectives of the action to be taken, and in particular the coordinated

establishment and development of the trans-European transport network, cannot be

sufficiently achieved by the Member States and can therefore, by reason of the need

for coordination of these 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 also set out in that Article, this Regulation does not go beyond what is necessary in

order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PRINCIPLES

Article 1

Subject matter

This Regulation establishes the Union guidelines (hereinafter "the guidelines") for

the development of a trans-European transport network which determine the

infrastructure of the trans-European transport network within which projects of

common interest and projects of mutual interest are identified.

The guidelines specify the requirements to be respected by the entities responsible

for management of the infrastructure of the trans-European transport network.

The guidelines set out the priorities for the development of the trans-European

network.

The guidelines provide for measures for the implementation of the trans-European

network.

Article 2

Scope

The guidelines shall apply to the trans-European transport network which comprises:

–

existing and planned transport infrastructure referred to in paragraph 2, and

measures promoting the efficient management and use of such infrastructure.

Transport infrastructure of the trans-European transport network consists of:

(a)

(b)

railway transport infrastructure as determined in Section 1 of Chapter II;

inland waterway infrastructure as determined in Section 2 of Chapter II;

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(c)

(d)

(e)

(f)

(g)

road transport infrastructure as determined in Section 3 of Chapter II;

maritime transport infrastructure as determined in Section 4 of Chapter II;

air transport infrastructure as determined in Section 5 of Chapter II;

infrastructure for multimodal transport as determined in Section 6 of Chapter

II;

the equipment and intelligent transport systems associated with the transport

infrastructure referred to in points (a) to (f).

Article 3

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)

'project of common interest' means any piece of planned transport

infrastructure, of existing transport infrastructure or any modification of

existing transport infrastructure that complies with the provisions of Chapter II

and any measures providing the efficient management and use of such

infrastructure;

'project of mutual interest' means a project involving both the Union and one or

more third countries which aims to connect the trans-European transport

network with the transport infrastructure networks of those countries to

facilitate major transport flows;

'third country' means any neighbouring country and all other countries with

which the Union may cooperate to achieve the objectives pursued by this

Regulation;

'neighbouring country' means the country coming under the European

Neighbourhood Policy including the Strategic Partnership

, the Enlargement

Policy, the European Economic Area or the European Free Trade Association;

'European added value' means, in relation to a project, the value resulting from

Union intervention which is additional to the value that would otherwise have

been created by Member State action alone;

'infrastructure manager' means any body or undertaking that is responsible in

particular for establishing and maintaining transport infrastructure. This may

also include the management of infrastructure control and safety systems;

'intelligent transport systems (ITS)' mean systems using information,

communication, navigation and positioning/localization technologies in order

to manage mobility and traffic on the trans-European transport network and to

provide value added services to citizens and operators, including for safe,

(b)

(c)

(d)

(e)

(f)

(g)

COM(2004) 106 final.

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secure, environmentally sound and capacity efficient use of the network. They

may also include onboard devices, provided they form an indivisible system

with corresponding infrastructure components. They include systems,

technologies and services referred to in points (h)-(l);

(h)

'air traffic management system' means a system as specified in Regulation (EC)

No. 552/2004 of the European Parliament and of the Council of 10 March 2004

on the interoperability of the European Air Traffic Management network (the

interoperability Regulation)

and in the European Air Traffic Management

(ATM) Master Plan as defined in Council Regulation (EC) No 219/2007 of 27

February 2007 on the establishment of a Joint Undertaking to develop the new

generation European air traffic management system (SESAR)

;

'Vessel Traffic Monitoring and Information Systems' (VTMIS) means systems

deployed to monitor and manage traffic and maritime transport, using

information from Automatic Identification Systems of Ships (AIS), Long-

Range Identification and Tracking of Ships (LRIT), coastal radar systems and

radio communications as provided in Directive 2002/59/EC of the European

Parliament and of the Council of 27 June 2002 establishing a Community

vessel traffic monitoring and information system and repealing Council

Directive 93/75/EEC

;

'River Information Services (RIS)' means information and communication

technologies on inland waterways as defined in Directive 2005/44/EC of the

Parliament and of the Council of 7 September 2005 on harmonised river

information services (RIS) on inland waterways in the Community

;

'e Maritime services' means services using advanced and interoperable

information technologies in the maritime transport sector to facilitate the

throughput of cargo at sea and in port areas;

'European Rail Traffic Management System (ERTMS)' means the system

defined in Commission Decision 2006/679/EC of 28 March 2006

and

Commission Decision 2006/860 of 7 November 2006

concerning the

technical specification for interoperability relating to the control-command and

signalling subsystems of the trans-European conventional and high-speed rail

systems;

(i)

(j)

(k)

(l)

(m) 'transport mode' means railway, inland waterways, road, maritime or air

transport;

(n)

'multimodal transport' means the carriage of freight or passengers, or both,

using two or more modes of transport;

OJ L 96, 31.3.2004, p. 26.

OJ L 64, 2.3.2007, p. 1.

OJ L 208, 5.8.2002, p. 10.

OJ L 255, 30.9.2005, p. 152.

OJ L 284, 16.10.2006, p. 1.

OJ L 342, 7.12.2006, p. 1.

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(o)

'urban node' means an urban area where the transport infrastructure of the

trans-European transport network is connected with other parts of that

infrastructure and with the infrastructure for regional and local traffic;

'logistic platform' means an area that is directly linked to the transport

infrastructure of the trans-European transport network including at least one

freight terminal, and enables logistics activities to be carried out;

'freight terminal' means a structure equipped for transhipment between at least

two transport modes and for temporary storage of freight such as ports, inland

ports, airports and rail-road terminals;

'NUTS region' means a region which as defined in the Nomenclature of

Territorial Units for Statistics.

Article 4

Objectives of the trans-European transport network

(p)

(q)

(r)

The trans-European transport network shall enable transport services and operations

which:

(a)

meet the mobility and transport needs of its users within the Union and in the

relations with third countries, thereby contributing to further economic growth

and competitiveness;

are economically efficient, contribute to the objectives of low-carbon and clean

transport, fuel security and environmental protection, are safe and secure and

have high quality standards, both for passenger and freight transport;

promote the most advanced technological and operational concepts;

provide appropriate accessibility of all regions of the Union, thereby promoting

social, economic and territorial cohesion and supporting inclusive growth.

(b)

(c)

(d)

In developing the infrastructure of the trans-European transport network, the

following objectives shall be pursued:

(a)

(b)

the interconnection and interoperability of national transport networks;

the removal of bottlenecks and the bridging of missing links, both within the

transport infrastructures and at connecting points between these, within

Member States' territories and at border crossing points between them;

the development of all transport modes in a manner consistent with ensuring

sustainable and economically efficient transport in the long term;

optimal integration and interconnection of all transport modes;

the efficient use of infrastructure;

promotion of a broad use of transport with the most carbon neutral effect;

(c)

(d)

(e)

(f)

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(g)

transport infrastructure connections between the trans-European transport

network and transport infrastructure networks of neighbouring countries, and

the promotion of their interoperability;

the establishment of infrastructure requirements, notably in the field of

interoperability, safety and security, which will benchmark quality, efficiency

and sustainability of transport services;

for both passenger and freight traffic, seamless connections between transport

infrastructure for long-distance traffic on the one hand, and regional and local

traffic on the other;

a transport infrastructure that reflects the specific situations in different parts of

the Union and provides for a balanced coverage of European regions, including

outermost regions and other peripheral ones;

accessibility for elderly people, persons of reduced mobility and for disabled

passengers.

Article 5

Resource efficient network

(h)

(i)

(j)

(k)

Member States and, as appropriate, regional and local authorities, infrastructure managers,

transport operators and other public and private entities shall plan, develop and operate the

trans-European transport network in a resource efficient way, through:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

an optimisation of infrastructure integration and interconnection;

the broad deployment of new technologies and ITS;

improvement and maintenance of existing transport infrastructure;

the taking into account of possible synergies with other networks, in particular

trans-European energy or telecommunication networks;

the assessment of strategic environmental impact, with the establishment of

appropriate plans and programmes and of impacts on climate mitigation;

measures to plan and expand infrastructure capacity where necessary;

adequate consideration of the vulnerability of transport infrastructure with

regard to a changing climate as well as natural and man-made disasters.

Article 6

Dual layer trans-European transport network structure

The gradual development of the trans-European transport network shall in particular

be achieved by implementing a dual-layer structure for this network, comprising a

comprehensive network and a core network.

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The comprehensive network shall be made up of all existing and planned transport

infrastructures of the trans-European transport network as well as measures

promoting the efficient use of such infrastructure. It shall be developed in accordance

with Chapter II.

The core network shall consist of those parts of the comprehensive network which

are of the highest strategic importance for achieving the objectives for the

development of the trans-European transport network. It shall be identified and

developed in accordance with Chapter III.

Article 7

Projects of common interest

Projects of common interest shall contribute to the development of the trans-

European transport network through the creation of new transport infrastructure, the

maintenance, rehabilitation and upgrading of existing transport infrastructure and

through measures promoting its resource-efficient use.

A project of common interest shall:

(a)

(b)

(c)

(d)

contribute to the objectives set out in Article 4;

comply with Chapter II and, if it concerns the core network, comply in addition

with Chapter III;

have been subject to a socio-economic cost benefit analysis resulting in a

positive net present value;

demonstrate clear European added value.

A project of common interest may encompass its entire cycle, including feasibility

studies and permission procedures, implementation and evaluation.

Member States and other project promoters shall take all necessary measures to

ensure that the projects are carried out in compliance with relevant Union and

national rules and procedures, in particular with Union legislation on the

environment, climate protection, safety, security, competition, state aid, public

procurement and public health.

Projects of common interest are eligible for Union financial aid under the

instruments available for the trans-European transport network, in particular the

Connecting Europe Facility established by Regulation (EU) No XXX/2012.

Article 8

Cooperation with third countries

The Union may support projects of common interest in order to connect the trans-

European transport network with infrastructure networks of third countries covered

by the European Neighbourhood Policy, the Enlargement Policy, the European

Economic Area and the European Free Trade Association and which seek to:

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(a)

(b)

(c)

(d)

connect the core network at border crossing points;

ensure the connection between the core network and the transport networks of

the third countries;

complete the transport infrastructure in third countries which serve as links

between parts of the core network in the Union;

implement traffic management systems in those countries.

Such projects of common interest shall enhance the capacity or utility of networks

located in one or several Member States.

The Union may cooperate with third countries to promote projects of mutual interest.

These projects shall seek to:

(a)

(b)

(c)

(d)

promote the interoperability between the trans-European transport network and

networks of neighbouring countries;

promote the extension of the trans-European transport network policy into third

countries;

facilitate air transport with third countries, in particular by extending the Single

European Sky and air traffic management cooperation;

facilitate maritime transport and promote motorways of the sea with third

countries.

Projects of mutual interest coming under point (a) of paragraph 2 shall comply with

the relevant provisions of Chapter II.

Annex III includes indicative maps of the trans-European transport network extended

to specific neighbouring countries.

The Union may use existing or set up and use new coordination and financial

instruments with neighbouring countries, such as the Neighbourhood Investment

Facility (NIF) or the Instrument for Pre-Accession Assistance (IPA), for the

promotion of projects of mutual interest.

The Union may cooperate with international and regional organisations and bodies to

achieve any objective pursued by this Article.

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CHAPTER II

THE COMPREHENSIVE NETWORK

Article 9

General provisions

The comprehensive network shall constitute the basis for the identification of

projects of common interest.

The comprehensive network shall:

(a)

(b)

(c)

(d)

be as specified in the maps in Annex I to this Regulation;

be specified through the description of the infrastructure components;

comply with the requirements for the transport infrastructures set out in this

Chapter;

set the framework for priority infrastructure development as referred to in

Articles 10 to 35.

The Member States shall ensure that the comprehensive network is completed and

fully complies with the relevant provisions of this Chapter by 31 December 2050 at

the latest.

Article 10

Priorities

The Union, Member States, infrastructure managers and other project promoters, when

developing the comprehensive network, shall give particular consideration to measures that

are necessary for:

(a)

implementing and deploying intelligent transport systems, including measures

which enable traffic management, multimodal scheduling and information

services, multimodal tracking and tracing, capacity planning and online

reservation and integrated ticketing services;

bridging missing links and removing bottlenecks, notably in cross-border

sections;

removing administrative and technical barriers, in particular to the

interoperability of the network and to competition;

ensuring optimal integration of the transport modes;

ensuring appropriate accessibility for all regions of the Union;

(b)

(c)

(d)

(e)

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(f)

improving or maintaining the quality of infrastructure in terms of efficiency,

safety, security, climate and where appropriate disaster resilience,

environmental performances, social conditions, accessibility for all users,

quality of services and continuity of traffic flows;

promoting state-of-the-art technological development;

ensuring fuel security by allowing the use of alternative and in particular low

or zero carbon energy sources and propulsion systems;

bypassing urban areas for rail freight transport.

(g)

(h)

(i)

ECTION

AILWAY TRANSPORT INFRASTRUCTURE

Article 11

Maps

Railway lines which form part of the comprehensive network are indicated on the maps in

Annex I.

Article 12

Infrastructure components

Railway transport infrastructure comprises in particular:

(a)

high-speed and conventional railway lines, including:

(i)

(ii)

sidings;

tunnels;

(iii) bridges;

(b)

(c)

(d)

(e)

freight terminals and logistic platforms for the transhipment of goods within

the rail mode and between rail and other transport modes;

stations along the lines indicated in Annex I for the transfer of passengers

within the rail mode and between rail and other transport modes;

associated equipment;

ITS.

Railway lines shall take one of the following forms:

(a)

Railway lines for high speed transport which are:

(i)

specially built high-speed lines equipped for speeds equal to or greater

than 250 km/h;

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(ii)

(b)

specially upgraded conventional lines equipped for speeds in the order of

200 km/h;

Railway lines for conventional transport.

The technical equipment associated with railway lines shall include electrification

systems, equipment for the boarding and alighting of passengers and the loading and

unloading of cargo in stations, logistic platforms and freight terminals. It shall

include any facility necessary to ensure the safe, secure and efficient operation of

vehicles.

Article 13

Transport infrastructure requirements

Operators of freight terminals shall ensure that any freight terminal is open to all

operators.

Operators of logistic platforms shall offer at least one terminal open to all operators.

Operators of freight terminals and logistic platform shall provide this access in a non-

discriminatory way and apply transparent charges.

Operators of passenger stations shall ensure that passenger stations provide access to

information, ticketing and commercial activities for railway traffic throughout the

comprehensive network and where appropriate information on connection with local

and regional transport, in accordance with Commission Regulation (EU) No

454/2011 of 5 May 2011 on the technical specification for interoperability relating to

the subsystem ‘telematics applications for passenger services’ of the trans-European

rail system

Within the sphere of their responsibility, Member States and infrastructure managers

shall ensure that:

(a)

(b)

railway lines are equipped with ERTMS;

railway infrastructure complies with Directive 2008/57/EC of the European

Parliament and of the Council of 17 June 2008 on the interoperability of the

rail system within the Community

and its implementing measures in order to

achieve the interoperability of the comprehensive network;

railway infrastructure complies with the requirements of the technical

specification for Interoperability (TSI) adopted pursuant to Article 6 of

Directive 2008/57/EC for new and upgraded lines, except in duly justified

cases, where allowed by the relevant TSI or under the procedure provided for

in Article 9 of Directive 2008/57/EC. In any case, the railway infrastructure

shall comply with the following requirements:

(c)

OJ L 123, 12.5.2011, p. 11.

OJ L 191, 18.7.2008, p. 1.

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(1)

(2)

(3)

(4)

nominal track gauge for new railway lines: 1 435 mm

;

electrification;

lines which are used by conventional freight trains

: 22,5 t axle load, and

750 m train length;

maximum gradients for new lines which are to be used by conventional

freight trains: 12,5 mm/m.

Article 14

Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

(a)

(b)

(c)

deploying ERTMS;

mitigating the impact of noise caused by rail transport;

achieving standards higher than those set out as minimum requirements in the

technical specifications, as described in Article 13.

ECTION

NLAND WATERWAYS TRANSPORT INFRASTRUCTURE

Article 15

Maps

Inland waterways and inland ports which form part of the comprehensive network are

indicated on the maps in Annex I.

Article 16

Infrastructure components

Inland waterways infrastructure comprises in particular:

(a)

rivers;

European standard nominal track gauge as referred to in technical specification for interoperability on

infrastructure, section 4.2.5.1. for the conventional lines (hereafter: CR TSI) of Commission Decision

2011/275/EU of 26 April 2011 concerning a technical specification for interoperability relating to the

‘infrastructure’ subsystem of the trans-European conventional rail system, OJ L 126, 14.5.2011, p. 53,

and section 4.2.2. for the high speed lines (hereafter: HS TSI) of Commission Decision 2008/217/EC of

20 December 2007 concerning a technical specification for interoperability relating to the

‘infrastructure’ sub-system of the trans-European high-speed rail system, OJ L 77, 19.3.2008, p. 1.

See requirements of line category V-F specified in section 4.2.2. of the CR TSI.

Requirements for line categories IV-F, IV-M, VI-F and VI-M as specified in section 4.2.4.3. of the CR

TSI.

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(b)

(c)

(d)

(e)

(f)

(g)

canals;

lakes;

related infrastructure such as locks, elevators, bridges, reservoirs;

inland ports including the infrastructure necessary for transport operations

within the port area;

associated equipment;

ITS.

Inland ports shall have an annual freight transhipment volume exceeding 500 000

tonnes. The total annual freight transhipment volume is based on the latest available

three-year average, as published by Eurostat.

Port-associated equipment shall enable in particular propulsion and operating

systems which reduce pollution, energy consumption and carbon intensity. It

includes waste reception facilities.

Article 17

Transport infrastructure requirements

Within the sphere of their responsibility, Member States, port operators and

infrastructure managers shall ensure that inland ports are connected with the road or

rail infrastructure of the comprehensive network.

Port operators shall ensure that any inland port offers at least one freight terminal

open to all operators in a non-discriminatory way and apply transparent charges.

Within the sphere of their responsibility, Member States and infrastructure managers

shall ensure that:

(a)

rivers, canals and lakes comply with the minimum requirements for class IV

waterways as laid down in the European Agreement on Main Inland

Waterways of International Importance (AGN) on the new classification of

inland waterways

and ensure continuous bridge clearance.

rivers, canals and lakes are equipped with RIS.

Article 18

Framework for priority infrastructure development

(b)

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

European Conference of Ministers of transports (ECMT), ECMT/CM(92)6/Final.

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(a)

(b)

(c)

(d)

for existing inland waterways: implementing measures necessary to reach the

standards of the inland waterways class IV;

where appropriate, achieving higher standards than inland waterways class IV,

to meet market demands;

implementing ITS, including RIS;

connecting inland port infrastructure to railway transport infrastructure.

ECTION

OAD TRANSPORT INFRASTRUCTURE

Article 19

Maps

Roads which form part of the comprehensive network are indicated on the maps in Annex I.

Article 20

Infrastructure components

Road transport infrastructure comprises in particular:

(a)

high quality roads, including

(i)

(ii)

bridges;

tunnels;

(iii) junctions;

(iv) crossings;

(v)

(b)

(c)

(d)

(e)

(f)

interchanges;

parking areas;

associated equipment;

ITS;

freight terminals and logistic platforms;

bus stations.

The high quality roads referred to in point (a) of paragraph 1 are those which play an

important role in long-distance freight and passenger traffic, integrate the main urban

and economic centres, interconnect with other transport modes and link landlocked

and peripheral NUTS 2 regions to central regions of the Union.

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High-quality roads shall be specially designed and built for motor traffic, and shall

be either motorways or express roads.

(a)

A motorway is a road specially designed and built for motor traffic, which does

not serve properties bordering on it, and which :

(i)

is provided, except at special points or temporarily, with separate

carriageways for the two directions of traffic, separated from each other

by a dividing strip not intended for traffic, or, exceptionally, by other

means;

does not cross at level with any road, railway or tramway track, or

footpath; and

(ii)

(iii) is especially sign-posted as a motorway.

(b)

An express road is a road reserved for motor traffic accessible from

interchanges or controlled junctions only and which:

(i)

(ii)

prohibits stopping and parking on the running carriageway; and

does not cross at level with any railway or tramway track, or footpath.

Equipment associated with roads shall include in particular equipment for traffic

management, information and route guidance, for the levying of user charges, for

safety, for reducing negative environmental effects, for refuelling or recharging of

vehicles with alternative drives, and for secure parking areas for commercial

vehicles.

Article 21

Transport infrastructure requirements

Within the sphere of their responsibility, Member States and infrastructure managers shall

ensure that:

(a)

(b)

Roads correspond to the provisions of Article 20(3).

The safety of road transport infrastructure is assured, monitored and, when

necessary, improved according to the procedure provided for by Directive

2008/96/EC of the European Parliament and of the Council of 19 November 2008 on

road infrastructure safety management

Road tunnels with length of over 500 m comply with Directive 2004/54/EC of the

European Parliament and of the Council of 29 April 2004 on minimum safety

requirements for tunnels in the trans-European road network

The interoperability of toll collection systems is ensured in accordance with

Directive 2004/52/EC of the European Parliament and of the Council of 29 April

OJ L 319, 29.11.2008, p. 59.

OJ L 167, 30.4.2004, p. 39.

(c)

(d)

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2004 on the interoperability of electronic road toll systems in the Community

and

by Commission Decision 2009/750/EC of 6 October 2009 on the definition of the

European Electronic Toll Service and its technical elements

(e)

Intelligent transport systems of the road transport infrastructure complying with

Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010

on the framework for the deployment of Intelligent Transport Systems in the field of

road transport and for interfaces with other modes of transport

are deployed.

Article 22

Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

(a)

(b)

(c)

(d)

use of ITS, in particular multi-modal information and traffic management and

to enable integrated communication and payment systems;

introduction of new technologies and innovation for promoting low carbon

transport;

provision of secure parking areas;

promotion of road safety.

ECTION

ARITIME TRANSPORT INFRASTRUCTURE

Article 23

Maps

Maritime ports which form part of the comprehensive network are indicated on the maps in

Annex I.

Article 24

Infrastructure components

Maritime transport infrastructure comprises in particular:

(a)

(b)

maritime space;

sea canals;

OJ L 166, 30.4.2004, p. 124.

OJ L 268, 13.10.2009, p. 11.

OJ L 207, 6.8.2010, p. 1.

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(c)

(d)

(e)

(f)

(g)

(h)

maritime ports, including the infrastructure necessary for transport operations

within the port area;

navigational aids;

port approaches;

motorways of the sea;

associated equipment;

ITS.

Maritime ports shall be entry and exit points for the land infrastructure of the

comprehensive network. They shall meet at least one of the following criteria:

(a)

The total annual passenger traffic volume exceeds 0,1 % of the total annual

passenger traffic volume of all maritime ports of the Union. The reference

amount for this total volume is the latest available three-year average, based on

the statistics published by Eurostat.

The total annual cargo volume – either for bulk or for non-bulk cargo handling

– exceeds 0,1% of the corresponding total annual cargo volume handled in all

maritime ports of the Union. The reference amount for this total volume is the

latest available three-year average, based on the statistics published by

Eurostat.

The maritime port is located on an island and provides the sole point of access

to a NUTS 3 region in the comprehensive network.

The maritime port is located in an outermost region or a peripheral area,

outside a radius of 200 km from the nearest other port in the comprehensive

network.

(b)

(c)

(d)

Equipment associated with maritime transport infrastructure shall include in

particular equipment for ice breaking, hydrological surveys, and dredging and

maintenance of the port and port approaches.

Article 25

Motorways of the sea

Motorways of the sea represent the maritime dimension of the trans-European

transport network. They shall consist of short-sea routes, ports, associated maritime

infrastructure and equipment, and facilities enabling short-sea shipping or sea-river

services between at least two ports, including hinterland connections, in at least two

different Member States. Motorways of the sea shall include:

(a)

maritime links between maritime ports of the comprehensive network;

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(b)

port facilities, information and communication technologies (ICT) such as

electronic logistics management systems, safety and security and

administrative and customs procedures in at least one Member State;

infrastructure for direct land and sea access.

(c)

Projects of common interest for motorways of the sea in the trans-European transport

network shall be proposed by at least two Member States. They shall take one of the

following forms:

(a)

(b)

(c)

be the maritime component of a core network corridor as defined in Article 49,

or constitute the maritime component between two core network corridors;

constitute a maritime link and its hinterland connections within the core

network between two or more core network ports;

constitute a maritime link and its hinterland connections between a core

network port and ports of the comprehensive network, with a special focus on

the hinterland connections of the core and comprehensive network ports.

Projects of common interest for motorways of the sea in the trans-European transport

network may also include activities that have wider benefits and are not linked to

specific ports, such as activities for improving environmental performance, making

available facilities for ice-breaking, activities ensuring year-round navigability,

dredging operations, alternative fuelling facilities, as well as the optimisation of

processes, procedures and the human element, ICT platforms and information

systems, including traffic management and electronic reporting systems.

Article 26

Transport infrastructure requirements

Within the sphere of their responsibility, Member States, port operators and

infrastructure managers shall ensure that:

(a)

Maritime ports are connected with railway lines, roads and, where possible,

inland waterways of the comprehensive network, except in Malta and Cyprus

for as long as no railway system is established within their territory.

Any maritime port offers at least one terminal open to all operators in a non-

discriminatory way and apply transparent charges.

Sea canals, port fairways and estuaries connect two seas, or provide access

from the sea to maritime ports and correspond at least to inland waterway class

VI.

(b)

(c)

Port operators shall ensure that ports include equipment necessary to ensure the

environmental performance of ships in ports, in particular reception facilities for ship

generated waste and cargo residues in accordance with Directive 2000/59/EC of the

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European Parliament and of the Council of 27 November 2000 on port reception

facilities for ship-generated waste and cargo residues

Member States shall implement VTMIS as provided for in Directive 2002/59/EC.

Article 27

Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

(a)

(b)

(c)

promoting motorways of the sea including short sea shipping;

interconnection of maritime ports with inland waterways;

implementation of VTMIS and e Maritime services.

ECTION

IR TRANSPORT INFRASTRUCTURE

Article 28

Maps

Airports which form part of the comprehensive network are indicated on the maps in Annex I.

Article 29

Infrastructure components

Air transport infrastructure comprises in particular:

(a)

(b)

(c)

(d)

air space, routes and airways;

airports;

associated equipment;

ITS.

Airports shall comply with one of the following criteria:

(a)

For passenger airports:

(i)

the total annual passenger traffic is at least 0,1 % of the total annual

passenger volume of all airports of the Union. The total annual passenger

volume is based on the latest available three-years average, as published

by Eurostat;

OJ L 332, 28.11.2000, p. 81.

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(ii)

the volume threshold of 0,1 % does not apply if the airport is situated

outside a radius of 100 km from the nearest airport in the comprehensive

network, or outside a radius of 200 km if the region in which it is situated

is provided with a high-speed railway line.

(b)

For cargo airports the total annual cargo volume is at least 0,2 % of the total

annual cargo volume of all airports of the Union. The total annual cargo

volume is based on the latest available three-year average, as published by

Eurostat.

Article 30

Transport infrastructure requirements

Within the sphere of their responsibility, Member States and airport operators shall

ensure that any airport offers at least one terminal open to all operators in a non-

discriminatory way and apply transparent charges.

Within the sphere of their responsibility, Member States, airport operators and air

carriers shall ensure that common basic standards for safeguarding civil aviation

against acts of unlawful interference, as adopted by the Union in accordance with

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11

March 2008 on common rules in the field of civil aviation security and repealing

Regulation (EC) No 2320/2002

, apply to the air transport infrastructure of the

comprehensive network.

Within the sphere of their responsibility, Member States, airport operators and air

carriers shall ensure that infrastructure for air traffic management enables the

implementation of the Single European Sky, in accordance with Regulation (EC) No

549/2004 of the European Parliament and of the Council of 10 March 2004 laying

down the framework for the creation of the single European sky (the framework

Regulation)

, Regulation (EC) No 550/2004 of the European Parliament and of the

Council of 10 March 2004 on the provision of air navigation services in the single

European sky (the service provision Regulation)

, Regulation (EC) No 551/2004 of

the European Parliament and of the Council of 10 March 2004 on the organisation

and use of the airspace in the single European sky (the airspace Regulation)

and

Regulation (EC) No 552/2004 of the European Parliament and of the Council of

10 March 2004 on the interoperability of the European Air Traffic Management

network (the interoperability Regulation)

in order to improve the performance and

sustainability of the European aviation system, of implementing rules and of Union

specifications.

OJ L 97, 9.4.2008, p. 72.

OJ L 96, 31.3.2004, p. 1.

OJ L 96, 31.3.2004, p. 10.

OJ L 96, 31.3.2004, p. 20.

OJ L 96, 31.3.2004, p. 26.

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Article 31

Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

(a)

(b)

(c)

optimise existing infrastructure;

increase airport capacity;

support the implementation of the Single European Sky and of air traffic

management systems, in particular those deploying SESAR.

ECTION

NFRASTRUCTURE FOR MULTIMODAL TRANSPORT

Article 32

Maps

Freight terminals and logistic platforms which form part of the comprehensive network are

indicated on the maps in Annex I.

Article 33

Infrastructure components

Freight terminals or logistic platforms shall comply with at least one of the following criteria:

(a)

(b)

its total transhipment of freight exceeds the quantitative threshold for maritime

ports set in Article 24;

where there is no freight terminal or logistic platform complying with point (a)

in a NUTS 2 region, it is the main freight terminal or logistic platform

designated by the Member State concerned, linked at least to roads and

railways for that NUTS 2 region.

Article 34

Transport infrastructure requirements

Within the sphere of their responsibility, Member States, operators of freight

terminals, ports and airports, and infrastructure managers shall ensure that:

(a)

transport modes are connected in any of the following places: freight terminals,

passenger stations, inland ports, airports, maritime ports, in order to allow

multimodal transport of freight and passengers.

Without prejudice to the applicable provisions laid down in Union and national

law, freight terminals and logistic platforms, inland and maritime ports as well

as airports handling cargo are equipped for the provision of information flows

(b)

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within this infrastructure and between the transport modes along the logistic

chain. Such systems shall in particular enable real time information on

available infrastructure capacity, traffic flows and positioning, tracking and

tracing, and ensure safety and security throughout multi-modal journeys.

(c)

Without prejudice to the applicable provisions laid down in Union and national

law, continuous passenger traffic across the comprehensive network shall be

facilitated through appropriate equipment and the availability of ITS in railway

stations, bus stations, airports and where relevant maritime and inland

waterway ports.

Freight terminal operators shall ensure that freight terminals are equipped with

cranes, conveyors and other devices for moving freight between different transport

modes and for the positioning and storage of freight.

Article 35

Framework for priority infrastructure development

Member States and other project promoters, when promoting projects of common interest and

in addition to the priorities set out in Article 10, shall give particular consideration to:

(a)

providing for effective interconnection and integration of the infrastructure of

the comprehensive network, including through access infrastructure where

necessary and through freight terminals and logistic platforms;

removing the main technical and administrative barriers to multimodal

transport;

developing a smooth flow of information between the transport modes and

enabling the provision of multimodal and single-mode services across the

trans-European transport system, including the related communication,

payment, ticketing and commercialisation services.

(b)

(c)

ECTION

OMMON PROVISIONS

Article 36

Urban nodes

Member States and other project promoters, when developing the comprehensive network in

urban nodes shall aim to ensure:

(a)

for passenger transport: interconnection between rail, air and, as appropriate,

inland waterway, road and maritime infrastructure of the comprehensive

network;

for freight transport: interconnection between rail and, as appropriate, inland

waterway, air, maritime and road infrastructure of the comprehensive network;

(b)

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(c)

(d)

adequate connection between different railway stations or airports of the

comprehensive network within an urban node;

seamless connection between the infrastructure of the comprehensive network

and the infrastructure for regional and local traffic, including logistic

consolidation and distribution centres;

bypassing of urban areas for road transport to facilitate long-distance traffic

flows on the comprehensive network;

bypassing of urban areas for rail freight transport;

promotion of efficient low-noise and low-carbon urban freight delivery.

Article 37

ITS

(e)

(f)

(g)

ITS shall enable traffic management and the exchange of information within and

between transport modes for multi-modal transport operations and value added

transport-related services, improving safety, security and environmental

performance.

ITS shall facilitate seamless connection between the infrastructure of the

comprehensive network and the infrastructure for regional and local transport.

ITS associated with transport modes shall in particular include:

–

for railways: ERTMS;

for inland waterways: River Information Services and e-Maritime services;

for road transport: ITS in accordance with Directive 2010/40/EU;

for maritime transport: VTMIS and e-Maritime services;

for air transport: air traffic management systems, in particular those resulting

from SESAR.

Article 38

Freight transport services

The Union, Member States and other project promoters shall pay particular attention to

projects of common interest which provide efficient freight transport services that use the

infrastructure of the comprehensive network and contribute to reducing carbon dioxide

emissions. These projects shall in particular aim to:

(a)

improve sustainable use of transport infrastructure, including its efficient

management;

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(b)

promote the deployment of innovative transport services or new combinations

of proven existing transport services, including through the application of ITS

and the establishment of relevant governance structures;

facilitate multi-modal transport service operations and improve cooperation

between transport service providers;

stimulate resource and carbon efficiency, notably in the fields of vehicle

traction, driving/steaming, systems and operations planning, resource sharing

and cooperation;

analyse, provide information on and monitor markets, fleet characteristics and

performance, administrative requirements and human resources.

Article 39

New technologies and innovation

(c)

(d)

(e)

The comprehensive network shall keep up with state-of-the-art technological developments

and deployments. They shall in particular aim to:

(a)

(b)

enable the decarbonisation of transport through transition to innovative

transport technologies;

enable the decarbonisation of all transport modes by stimulating energy

efficiency as well as the introduction of alternative propulsion systems and the

provision of corresponding infrastructure. Such infrastructure may include

grids and other facilities necessary for the energy supply, take account of the

infrastructure – vehicle interface and encompass intelligent transport systems;

improve the safety and sustainability of the movement of persons and goods;

improve the operation, accessibility, interoperability, multimodality and

efficiency of the network, including multimodal ticketing;

promote measures to reduce external costs, such as pollution of any kind,

including noise, congestion and health damage;

introduce security technology and compatible identification standards on the

networks;

improve resilience to climate change;

further advance the development and deployment of intelligent transport

systems within and between modes of transport.

(c)

(d)

(e)

(f)

(g)

(h)

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Article 40

Safe and secure infrastructure

Member States and other project promoters shall give due consideration to ensure that

transport infrastructure provides for a high degree of safety and security for passenger and

freight movements.

Article 41

Climate change proven infrastructure and disaster resilience

During infrastructure planning, Member States and other project promoters shall give due

consideration to the risk assessments and adaptation measures adequately improving the

resilience to climate change, in particular in relation to precipitation, floods, storms, high

temperature and heat waves, droughts, sea level rise and coastal surges, in compliance with

any requirement which may be set out in relevant Union legislation.

Where appropriate, due consideration should also be given to the resilience of infrastructure

to natural or man-made disasters in compliance with any requirement which may be set out in

relevant Union legislation.

Article 42

Environmental protection

Member States and other project promoters shall carry out environmental assessment of plans

and projects in particular as provided in Council Directives 85/337/EEC of 27 June 1985 on

the assessment of the effects of certain public and private projects on the environment

and

92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and

flora

, and Directives of the European Parliament and of the Council: 2000/60/EC of 23

October 2000 establishing a framework for Community action in the field of water policy

2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans and programmes

on the environment

, and 2009/147/EC of 30 November 2009 on the conservation of wild

birds

in order to avoid or, when not possible, mitigate or compensate for negative impacts

on the environment, such as to landscape fragmentation, soil sealing, air and water pollution

as well as noise, and to effectively protect biodiversity.

Article 43

Accessibility for all users

Transport infrastructure shall allow seamless mobility and accessibility for all users, in

particular elderly people, persons of reduced mobility and disabled passengers.

OJ L 175, 5.7.1985, p. 40.

OJ L 206, 22.7.1992, p. 7.

OJ L 327, 22.12.2000, p.1..

OJ L 197, 21.7.2001, p. 30.

OJ L 20, 26.1.2010, p. 7.

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CHAPTER III

THE CORE NETWORK

Article 44

Identification of the core network

The core network shall consist of those parts of the comprehensive network which

are of the highest strategic importance for achieving the objectives of the trans-

European transport network policy. The core network shall in particular contribute to

coping with increasing mobility and to the development of a low-carbon transport

system.

The core network shall be interconnected in nodes and provide for connections with

neighbouring countries' transport infrastructure networks.

The transport infrastructures constituting the core network are indicated in the

corresponding maps of the comprehensive network in Annex I.

Article 45

Requirements

The core network shall reflect evolving traffic demand and the need for multi-modal

transport. State-of-the-art technologies and regulatory and governance measures for

managing the infrastructure use shall be taken into account in order to ensure

resource-efficient use of transport infrastructure and to provide for sufficient

capacity.

The infrastructure of the core network shall meet all the requirements set out in

Chapter II without exception. In addition, the following requirements shall also be

met by the infrastructure of the core network::

(a)

–

(b)

–

(c)

–

for railway transport infrastructure:

full electrification of the railway lines;

lines with regular freight traffic: at least 22.5 t axle load, 100 km/h line speed

and 750 m train length;

for inland navigation and maritime transport infrastructure:

availability of alternative clean fuels;

for road transport infrastructure:

the development of rest areas approximately every 50 kilometres on motorways

in order inter alia to provide sufficient parking space for commercial road users

with an appropriate level of safety and security;

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–

(d)

–

availability of alternative clean fuels;

for air transport infrastructure:

capacity to make available alternative clean fuels.

Article 46

Development of the core network

The transport infrastructure included in the core network shall be developed in

accordance with the corresponding provisions of Chapter II.

Projects of common interest contributing to the completion of the core network shall

be implemented as a priority.

Without prejudice to Article 47(2) and (3), the Member States shall ensure the core

network is completed and complies with the provisions of this Chapter by 31

December 2030 at the latest.

Article 47

Nodes of the core network

The nodes of the core network are set out in Annex II and include:

–

urban nodes, including their ports and airports;

maritime ports;

border crossing points to neighbouring countries.

Maritime ports indicated in Part 2 of Annex II shall be connected with the railway

and road transport infrastructure of the trans-European transport network by 31

December 2030 at the latest, except in duly justified cases.

The main airports indicated in Part 1b of Annex II shall be connected with the

railway and road transport infrastructure of the trans-European transport network by

31 December 2050 at the latest. Taking into account potential traffic demand, such

airports shall be integrated into the high speed rail network wherever possible.

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CHAPTER IV

IMPLEMENTATION OF THE CORE NETWORK THROUGH CORE NETWORK

CORRIDORS

Article 48

General purpose of core network corridors

Core network corridors are an instrument to facilitate the coordinated

implementation of the core network. Core network corridors shall be based on modal

integration, interoperability, as well as on a coordinated development and

management of infrastructure, in order to lead to resource-efficient multimodal

transport.

Core network corridors shall provide for a coordinated approach with regard to

infrastructure use and investments, so as to manage capacities in the most efficient

way. Multimodal infrastructure within core network corridors shall be built and

coordinated, wherever needed, in a way that optimises the use of each transport mode

and their cooperation. The core network corridors shall support the comprehensive

deployment of interoperable traffic management systems.

Article 49

Definition of core network corridors

Core network corridors consist of parts of the core network. They shall involve at

least three transport modes and cross at least three Member States. They cover the

most important cross-border long-distance flows in the core network.

In duly justified cases the core network corridor may involve only two transport

modes.

Core network corridors shall include maritime ports and its accesses, except in duly

justified cases.

Article 50

List of core network corridors

Each Member State shall participate in at least one core network corridor.

The list of core network corridors is set out in Annex I to Regulation (EU) No

XXX/2012 of … [Connecting Europe Facility].

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Article 51

Coordination of core network corridors

In order to facilitate the coordinated implementation of core network corridors, the

Commission shall designate, after consultation with the Member States concerned,

and after having consulted the European Parliament, persons called "European

Coordinator".

The European Coordinator shall be chosen, in particular, on the basis of his/her

experience of European institutions and knowledge of issues relating to the financing

and the socio-economic and environmental evaluation of major projects.

The Commission decision designating the European Coordinator shall specify how

the tasks referred to in paragraph 5 are to be performed.

The European Coordinator shall act in the name and on behalf of the Commission.

The remit of the European Coordinator shall relate to a single core network corridor.

The European Coordinator shall draw up together with the Member States concerned

a work plan for the activities to be fulfilled.

The European Coordinator shall:

(a)

lead the coordinated implementation of the core network corridor in order to

enable respect of the timeline set in the implementing decision for the

individual core network corridor;

report to the Member States, to the Commission and, as appropriate, to all other

entities directly involved in the development of the core network corridor on

any difficulties encountered and contribute to finding appropriate solutions;

draw up a report every year for the European Parliament, the Commission and

the Member States concerned on the progress achieved in implementing the

core network corridor;

consult, in cooperation with the Member States concerned, in particular

regional and local authorities, infrastructure managers, transport operators,

transport users and, as appropriate, other public and private entities, with a

view to gaining a fuller knowledge of the demand for transport services, the

possibilities of investment funding and financing and steps to be undertaken

and the conditions to be met in order to facilitate access to such funding or

financing.

(b)

(c)

(d)

The Member States concerned shall cooperate with the European Coordinator and

give the Coordinator the information required to perform the tasks referred to in

paragraph 5.

Without prejudice to the applicable procedures laid down in Union and national law,

the Commission may request the opinion of the European Coordinator when

examining applications for Union funding for core network corridors for which the

European Coordinator is responsible.

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Article 52

Governance of core network corridors

For each core network corridor, the Member States concerned shall establish a

corridor platform responsible for defining the general objectives of the core network

corridor and for preparing and supervising the measures referred to in Article 53(1).

The corridor platform shall be composed of the representatives of the Member States

concerned and, as appropriate, other public and private entities. In any case, the

relevant infrastructure managers as defined in Directive 2001/14/EC of the European

Parliament and of the Council of 26 February 2001 on the allocation of railway

infrastructure capacity and the levying of charges for the use of railway

infrastructure

shall participate in the corridor platform.

The European Coordinator shall chair the corridor platform.

The corridor platform may be established as a permanent legal entity, such as a

European Economic Interest Group.

The establishment of corridor platforms is without prejudice to the principle that the

beneficiary of Union financial support has the final responsibility for the

implementation of the projects.

Article 53

Corridor development plan

For each core network corridor, the Member States concerned, in cooperation with

the corridor platform, shall jointly draw up and notify to the Commission a corridor

development plan within six months after entry into force of this Regulation. This

plan shall include in particular:

(a)

(b)

a description of the characteristics of the core network corridor, including

bottlenecks;

the objectives for the core network corridor in particular in terms of

performance expressed as the quality of the service, its capacity and its

compliance with the requirements set out in Chapter II;

the programme of measures necessary for developing the core network

corridor;

a multimodal transport market study;

an implementation plan including:

–

a deployment plan relating to interoperable traffic management systems

on multi-modal freight corridors without prejudice to the applicable

Union legislation;

(c)

(d)

(e)

OJ L 75, 15.3.2001, p. 29.

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–

a plan for the removal of physical, technical, operational and

administrative barriers between and within transport modes and for the

enhancement of efficient multimodal transport and services;

measures to improve the administrative and technical capacity to

conceive, plan, design, procure, implement and monitor projects of

common interest;

risk assessment, including the possible impacts of climate change on the

infrastructure and where appropriate proposed measures to enhance

climate resilience;

measures to be taken in order to mitigate greenhouse gas emissions;

–

(f)

an investment plan, to be updated regularly, including:

–

the list of projects for the extension, renewal or redeployment of

transport infrastructure referred to in Article 2(2) for each of the transport

modes involved in the core network corridor;

the related financial plan, with the various sources envisaged for funding

and financing, at international, national, regional, local and Union level,

including, whenever possible, earmarked cross-financing systems as well

as private capital, together with the amount of commitments already

made and, where applicable, reference to the contribution of the Union

envisaged under the Union's financial programmes.

–

Based on the corridor development plan provided by Member States concerned, the

Commission shall deliver its opinion.

In order to support the implementation of the core network corridors, the

Commission may adopt implementing decisions for core network corridors. These

decisions may:

(a)

include the investment planning, the related costs and implementation timeline,

estimated as necessary to implement the core network corridors in line with the

objectives of this Regulation;

define all measures aimed at reducing external costs, in particular greenhouse

gas emissions and noise, and aimed at promoting the introduction of new

technologies in traffic and capacity management;

provide for other measures which are necessary for the implementation of the

corridor development plan and for the efficient use of the core network corridor

infrastructure.

(b)

(c)

Those implementing acts shall be adopted in accordance with the advisory procedure

referred to in Article 55(2).

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CHAPTER V

COMMON PROVISIONS

Article 54

Updating and reporting

Member States shall inform the Commission continuously through the interactive

geographical and technical information system for the trans-European transport

network (TENtec), about the progress made in implementing projects of common

interest and the investments made for this purpose.

Member States shall provide the Commission with abstracts of national plans and

programmes which they are drawing up with a view to develop the trans-European

transport network, in particular in relation to the core network. Once adopted, the

Member States shall send the national plans and programmes to the Commission for

information.

Every two years starting from the entry into force of this Regulation and after

consultation of the Committee referred to in Article 54, the Commission shall publish

a progress report on the implementation of the guidelines, which shall be submitted

to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions.

The Commission shall be empowered to adopt delegated acts in accordance with

Article 56 concerning the adaptation of Annexes I, II and III to take account of

possible changes resulting from the quantitative thresholds laid down in Articles 16,

24, 29 and 33. When adapting the Annexes, the Commission shall:

(a)

include logistic platforms, freight terminals, inland ports, maritime ports and

airports in the comprehensive network, if it is demonstrated that the latest two-

year average of their traffic volume exceeds the relevant threshold;

exclude logistic platforms, freight terminals, inland ports, maritime ports and

airports from the comprehensive network, if it is demonstrated that the average

of their traffic volume over the last six years is below the relevant threshold;

adjust the maps for road, railway and inland waterway infrastructure so as to

reflect progress in completing the network. In adjusting those maps, the

Commission shall not admit any adjustment in route alignment beyond that

which is allowed by the relevant project authorization procedure.

(b)

(c)

The adaptations under points (a) and (b) shall be based on the latest available

statistics published by Eurostat.

Projects of common interest concerning infrastructure which is newly included in the

trans-European transport network shall be eligible for the purposes of Article 7(5) as

of the date of entry into force of the delegated acts pursuant to paragraph 3.

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Projects of common interest concerning infrastructure which have been excluded

from the trans-European transport network shall not be eligible anymore as of the

date of entry into force of the delegated acts pursuant to paragraph 3. The end of

eligibility shall not affect financing or grant decisions taken by the Commission

before this date.

Article 55

Committee

The Commission shall be assisted by a committee. That committee shall be a

committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No

182/2011 shall apply.

Article 56

Exercise of delegation

The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 54(3) shall be conferred on

the Commission for an unlimited period from [date of entry into force of the

Regulation].

The delegation of powers referred to in the Article 54(3) may be revoked at any time

by the European Parliament or by the Council. A decision to revoke shall put an end

to the delegation of the power specified in that decision. It shall take effect the day

following the publication of the decision in the

Official Journal of the European

Union

or at a later date specified therein. It shall not affect the validity of any

delegated acts already in force.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to

the European Parliament and to the Council.

A delegated act adopted pursuant to the Article 54(3) shall enter into force only if no

objection has been expressed either by the European Parliament or by the Council

within a period of two months of the notification of that act to the European

Parliament and the Council or if, before the expiry of that period, the European

Parliament and the Council have both informed the Commission that they will not

object. That period shall be extended by two months at the initiative of the European

Parliament or of the Council.

Article 57

Review

By 31 December 2023 at the latest, the Commission shall carry out a review of the

implementation of the core network, evaluating compliance with the provisions laid down in

this Regulation and the progress in implementation.

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Article 58

Single Contact Authority

Member States may appoint a Single Contact Authority for facilitating and co-ordinating the

permitting process for projects of common interest, in particular cross-border projects, in

accordance with the relevant Union acquis.

Article 59

Delay in completion of the core network

In the event of a significant delay in starting or completing work on the core

network, the Commission shall request the Member States concerned to provide the

reasons for the delay within three months. On the basis of the reply given, the

Commission shall consult the Member States concerned in order to resolve the

problem leading to the delay.

The Commission may, as part of its active monitoring of the implementation of the

core network and having due regard to the principle of proportionality and

subsidiarity, decide to take appropriate measures.

The European Parliament and the Member States shall be informed immediately of

any measure taken.

Article 60

Compatibility with Union law and Union policies

Actions taken under this Regulation shall take into account any relevant Union policies, in

particular those relating to competition, market access, the protection of the environment,

health, sustainable development, and public procurement.

Article 61

Promotion and evaluation

The Commission shall promote and evaluate the advancement of the trans-European transport

network policy and its overall implementation.

Article 62

Repeal

Decision No 661/2010/EU is repealed.

For all financing decisions based on Regulation (EC) No 680/2007

, Decision No

611/2010/EU shall continue to apply.

Regulation (EC) No 680/2007 of the European Parliament and of the Council of 20 June 2007 laying

down general rules for the granting of Community financial aid in the field of trans-European transport

and energy networks, OJ L 162, 22.6.2007, p. 1.

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Article 63

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

APPENDIX 4

OINT

OMMITTEE ON

NVIRONMENT

TRANSPORT

, C

ULTURE AND THE

AELTACHT

IST OF

EMBERS

Deputies

James Bannon

Paudie Coffey

Niall Collins

Noel Coonan

Marcella Corcoran Kennedy

Clare Daly

Timmy Dooley

Dessie Ellis

Luke ‘Ming’ Flanagan

Terence Flanagan

Kevin Humphreys

Seán Kenny

Ciarán Lynch

Sandra McLellan

Tony McLoughlin

Catherine Murphy

Gerald Nash

Patrick O’Donovan

Brian Stanley

Robert Troy

Brian Walsh

Senators

Eamonn Coghlan

Cáit Keane

Denis Landy

Catherine Noone

Labhrás Ó Murchú

Ned O’Sullivan

(FG)

(FF)

(FG)

Leas-Chathaoirleach

(FG)

(SP)

(FF)

(SF)

(Ind)

(FG)

(Lab)

Cathaoirleach

(SF)

(FG)

(Ind)

(Lab)

(FG)

(SF)

(FF)

(FG)

(Lab)

(FG)

(FF)

OTES

1. Deputies appointed to the Committee by order of Dáil Éireann on 9 June 2011

2. Senators appointed to the Committee by order of Seanad Éireann on 16 June

2011

3. Deputy Ciarán Lynch elected as Cathaoirleach on 21 June 2011

4. Deputy Noel Coonan elected as Leas-Chathaoirleach on 21 June 2011

APPENDIX 5

OINT

OMMITTEE ON

NVIRONMENT

, T

RANSPORT

, C

ULTURE AND THE

AELTACHT

RDERS OF

EFERENCE

a. Functions of the Committee – derived from Standing Orders [DSO 82A;

SSO 70A]

(1)

The Select Committee shall consider and report to the Dáil on—

(a) such aspects of the expenditure, administration and policy of the

relevant Government Department or Departments and associated

public bodies as the Committee may select, and

(b) European Union matters within

Department or Departments.

(2)

the

remit

the

relevant

The Select Committee may be joined with a Select Committee

appointed by Seanad Éireann to form a Joint Committee for the

purposes of the functions set out below, other than at paragraph (3),

and to report thereon to both Houses of the Oireachtas.

Without prejudice to the generality of paragraph (1), the Select

Committee shall consider, in respect of the relevant Department or

Departments, such—

(a) Bills,

(b) proposals contained in any motion, including any motion within

the meaning of Standing Order 164,

(d) other matters as shall be referred to the Select Committee by the

Dáil, and

(e) Annual Output Statements, and

(f) such Value for Money and Policy Reviews as the Select Committee

may select.

(3)

(4)

The Joint Committee may consider the following matters in respect of

the relevant Department or Departments and associated public

bodies, and report thereon to both Houses of the Oireachtas:

(a) matters of policy for which the Minister is officially responsible,

(b) public affairs administered by the Department,

conducted or commissioned by the Department,

(d) Government policy in respect of bodies under the aegis of the

Department,

(e) policy issues concerning bodies which are partly or wholly funded

by the State or which are established or appointed by a member

of the Government or the Oireachtas,

(f) the general scheme or draft heads of any Bill published by the

Minister,

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(g) statutory instruments, including those laid or laid in draft before

either House or both Houses and those made under the European

Communities Acts 1972 to 2009,

(h) strategy statements laid before either or both Houses of the

Oireachtas pursuant to the Public Service Management Act 1997,

(i) annual reports or annual reports and accounts, required by law,

and laid before either or both Houses of the Oireachtas, of the

Department or bodies referred to in paragraph (4)(d) and (e) and

the overall operational results, statements of strategy and

corporate plans of such bodies, and

(j) such other matters as may be referred to it by the Dáil and/or

Seanad from time to time.

(5)

Without prejudice to the generality of paragraph (1), the Joint

Committee shall consider, in respect of the relevant Department or

Departments—

(a) EU draft legislative acts standing referred to the Select Committee

under Standing Order 105, including the compliance of such acts

with the principle of subsidiarity,

(b) other proposals for EU legislation and related policy issues,

including programmes and guidelines prepared by the European

Commission as a basis of possible legislative action,

relation to EU policy matters, and

(d) matters listed for consideration on the agenda for meetings of the

relevant EU Council of Ministers and the outcome of such

meetings.

(6)

A sub-Committee stands established in respect of each Department

within the remit of the Select Committee to consider the matters

outlined in paragraph (3), and the following arrangements apply to

such sub-Committees:

(a) the matters outlined in paragraph (3) which require referral to the

Select Committee by the Dáil may be referred directly to such

sub-Committees, and

(b) each such sub-Committee has the powers defined in Standing Order

83(1) and (2) and may report directly to the Dáil, including by way of

Message under Standing Order 87.

(7)

The Chairman of the Joint Committee, who shall be a member of Dáil

Éireann, shall also be the Chairman of the Select Committee and of

any sub-Committee or Committees standing established in respect of

the Select Committee.

The following may attend meetings of the Select or Joint Committee,

for the purposes of the functions set out in paragraph (5) and may

take part in proceedings without having a right to vote or to move

motions and amendments:

(a) Members of the European Parliament elected from constituencies

in Ireland, including Northern Ireland,

(b) Members of the Irish delegation to the Parliamentary Assembly of

the Council of Europe, and

(8)

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European Parliament.

b. Scope and Context of Activities of Committees (as derived from

Standing Orders [DSO 82; SSO 70]

(1)

The Joint Committee may only consider such matters, engage in such

activities, exercise such powers and discharge such functions as are

specifically authorised under its orders of reference and under Standing

Orders.

Such matters, activities, powers and functions shall be relevant to, and

shall arise only in the context of, the preparation of a report to the Dáil

and/or Seanad.

It shall be an instruction to all Select Committees to which Bills are

referred that they shall ensure that not more than two Select Committees

shall meet to consider a Bill on any given day, unless the Dáil, after due

notice given by the Chairman of the Select Committee, waives this

instruction on motion made by the Taoiseach pursuant to Dáil Standing

Order 26. The Chairmen of Select Committees shall have responsibility for

compliance with this instruction.

The Joint Committee shall not consider any matter which is being

considered, or of which notice has been given of a proposal to consider, by

the Committee of Public Accounts pursuant to Dáil Standing Order 163

and/or the Comptroller and Auditor General (Amendment) Act 1993.

The Joint Committee shall refrain from inquiring into in public session or

publishing confidential information regarding any matter if so requested,

for stated reasons given in writing, by—

(a)

(b)

a member of the Government or a Minister of State, or

the principal office-holder of a body under the aegis of a

Department or which is partly or wholly funded by the State or

established or appointed by a member of the Government or by

the Oireachtas:

(2)

(3)

(4)

(5)

Provided that the Chairman may appeal any such request made to the

Ceann Comhairle / Cathaoirleach whose decision shall be final.