Legal provisions of COM(2021)812 - Union guidelines for the development of the trans-European transport network

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dossier COM(2021)812 - Union guidelines for the development of the trans-European transport network.
document COM(2021)812 EN
date December 14, 2021



CHAPTER I

GENERAL PRINCIPLES

Contents

Article 1 - Subject matter

1. This Regulation establishes guidelines for the development of a trans-European transport network consisting of the comprehensive network and of the core and extended core network, the two latter being established on the basis of the comprehensive network.

2. This Regulation identifies:

(a)European Transport Corridors of highest strategic importance on the basis of priority sections of the trans-European transport network;

(b)projects of common interest and specifies the requirements to be complied with for the development and implementation of the infrastructure of the trans-European transport network.

3. This Regulation sets out the priorities for the development of the trans-European transport network and provides for measures for the implementation of the trans-European transport network.

Article 2 - Scope

1. This Regulation applies to the trans-European transport network as shown on the maps set out in Annex I. The trans-European transport network comprises transport infrastructure, including infrastructure for the deployment of alternative fuels, ICT systems for transport as well as measures promoting the efficient management and use of such infrastructure and permitting the establishment and operation of sustainable and efficient transport services.

2. The infrastructure of the trans-European transport network consists of the infrastructure for railway transport, inland waterway transport, maritime transport, road transport, air transport, multimodal transport and transport in urban nodes, as laid down in the relevant sections of Chapters II, III and IV.

Article 3 - Definitions

For the purpose of this Regulation, the following definitions apply:

(a)'project of common interest' means any project carried out pursuant to this Regulation;

(b)'neighbouring country' means a country falling within the scope of the European Neighbourhood Policy, the Enlargement Policy, and the European Economic Area, the European Free Trade Association or the EU-UK Trade and Cooperation Agreement;

(c)'NUTS region' means a region as defined in the Nomenclature of Territorial Units for Statistics;

(d)'cross-border section' means the section which ensures the continuity of a project of common interest on both sides of the border, between the closest urban nodes to the border of two Member States or between a Member State and a neighbouring country;

(e)'bottleneck' means a physical, technical, functional, operational or administrative barrier which leads to a system break affecting the continuity of long-distance or cross-border flows;

(f)'urban node' means an urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;

(g)'isolated network' means the rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge (1435 mm), for which certain major infrastructure investments cannot be justified in economic cost-benefit terms by virtue of the specificities of that network arising from its geographic detachment or peripheral location;

(h)'infrastructure manager' means any body or undertaking that is responsible, in particular, for establishing or maintaining transport infrastructure, including the management of infrastructure control and safety systems;

(i)'multimodal transport' means the carriage of passengers or freight, or both, using two or more modes of transport;

(j)‘multimodal digital mobility services’ means services as defined in Article 4 of Directive (EU) […] on the framework for the deployment of Intelligent Transport Systems 33 ;

(k)'interoperability' means the ability, including all the regulatory, technical and operational conditions, of the infrastructure, including digital infrastructure in a transport mode or segment, to allow safe and uninterrupted traffic and information flows which achieve the required levels of performance for that infrastructure mode or segment;

(l)‘multimodal passenger hub’ means a connection point between at least two transport modes for passengers, where travel information, access to public transport and transfers between modes, including Park and Ride stations and active modes, are ensured and which act as an interface between urban nodes and longer-distance transport networks;

(m)'multimodal freight terminal' means a structure equipped for transhipment between at least two transport modes or between two different rail systems, and for temporary storage of freight, such as terminals in inland or maritime ports, along inland waterways, in airports as well as rail road terminals, including multimodal logistics platforms as referred to in Regulation (EU) 2021/1153;

(n)'logistic platform' means an area which is directly linked to the transport infrastructure of the trans-European transport network, which includes at least one freight terminal and enables logistics activities to be carried out;

(o)‘sustainable urban mobility plan’ (SUMP) means a document for strategic mobility planning, aiming at improving accessibility to and mobility within the functional urban area (including commuting zones) for people, businesses and goods;

(p)‘active modes’ means the transport of people or goods , through non-motorised means, based on human physical activity ; 

(q)’ICT systems for transport' means information and communications technology systems and applications using information, communication, navigation or positioning/localisation technologies, enabling to process, store and exchange the data and information needed to manage infrastructure, mobility and traffic on the trans-European transport network effectively, to report relevant information to authorities and to provide value-added services to citizens, shippers and operators, including systems for resilient, safe, secure, environmentally sound and capacity-efficient use of the network. They include systems, technologies and services referred to in points (r) to (x) and may also include on-board devices with corresponding infrastructure components;

(r)'intelligent transport system' (ITS) means a system as defined in Article 4(1) of Directive (EU) 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 34 ;

(s)'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) and coastal radar systems and radio communications as provided for in Directive 2002/59/EC of the European Parliament and of the Council 35 , and includes the integration of the national maritime information systems through SafeSeaNet;

(t)'River Information Services’ (RIS) means information and communication technologies on inland waterways as defined in Article 3, point (a) of Directive 2005/44/EC of the Parliament and of the Council 36 ;

(u)‘European Maritime Single Window environment’ (EMSWe) means the legal and technical framework for the electronic transmission of information in relation to reporting obligations for port calls in the Union, which consists of a network of maritime National Single Windows and other harmonised components as provided for in Regulation (EU) 2019/1239 of the European Parliament and of the Council 37 ;

(v)‘Air Traffic Management / Air Navigation Service System’ (ATM/ANS System) means systems and constituents used for the provision of air traffic management or air navigation services or both;

(w)'European Rail Traffic Management System' (ERTMS) means the system defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/919 38 ;

(x)'radio-based ERTMS’ means ERTMS of level 2 or level 3 that uses radio to pass movement authorities to the train pursuant to Commission Regulation (EU) 2016/919 39 ; 

(y)‘class B systems’ means train protection and voice radio legacy systems as defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/919;

(z)‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterborne vessels, their loading and unloading, the storage of goods, the receipt and delivery of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;

(aa)    ‘short-sea shipping’ means the movement of cargo and passengers by sea between ports situated in geographical waters of Member States or between a port situated in waters of Member States and a port situated in waters of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Union;

(ab)    ‘electronic freight transport information’ (eFTI) means the electronic communication of regulatory information between economic operators and competent authorities in accordance with Regulation (EU) 2020/1056 of the European Parliament and of the Council 40 ;

(ac)    ‘Single European Sky’ (SES) means the procedures established under Regulation (EC) No 549/2004 41 , (EC) 550/2004 42 , (EC) No 551/2004 43 , and (EU) No 2018/1139 44  of the European Parliament and of the Council to reinforce air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic;

(ad)    ‘vertiport’ means an area used for the landing and take-off of vertical take-off and landing (VTOL) aircrafts;

(ae)    ‘spaceport’ means an installation for testing and launching space crafts;

(af)    ‘SESAR project’ means a project of the Single European Sky ATM Research programme, the technological pillar of Europe’s Single European Sky (SES) framework;

(ag)    ’Europe’s Rail Project’ means a project of the Europe’s Rail Joint Undertaking, or its predecessor Shift2Rail;

(ah)    ‘European ATM Master Plan’ means the main planning tool for ATM modernisation defining the development and deployment priorities needed to deliver the SESAR, as endorsed by Council Decision 2009/320/EC 45 ;

(ai)    ‘rail freight governance’ means the governance bodies referred to in Article 8 of Regulation (EU) 913/2010;    

(aj)    ‘maintenance’ means activities that have to be undertaken routinely, periodically or in emergency situations in order to be able to use the asset over its expected service life cycle with the same level of service and safety, in line with this Regulation;    

(ak)    'socio-economic cost-benefit analysis' means a quantified ex-ante evaluation, based on a recognised methodology, of the value of a project, taking into account all the relevant social, economic, climate-related and environmental benefits and costs. The analysis of climate-related and environmental costs and benefits shall be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council 46 ;

(al)    ‘alternative fuels’ means alternative fuels as defined in Article 2(3) of Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(am)    ‘safe and secure parking area’ means a parking area accessible to drivers engaged in the carriage of goods or passengers, meeting the requirements of Article 8a (1) of Regulation (EC) No 561/2006 of the European Parliament and of the Council 47  and which has been certified in accordance with Union standards and procedures, pursuant to Article 8a (2) of that Regulation;

(an)    ‘weigh in motion system’ means an automatic system set up on the road infrastructure with the objective to identify vehicles or vehicle combinations in circulation that are likely to have exceeded the relevant weight limits, in accordance with Directive 96/53/EC of the European Parliament and of the Council 48 .

Article 4 - Objectives of the trans-European transport network

1. The overall objective of the development of the trans-European network is to establish one multimodal Union wide network of high quality standards.   

2. The trans-European transport network shall strengthen the social, economic and territorial cohesion of the Union and contribute to the creation of a single European transport area which is sustainable, efficient and resilient and which increases the benefits for its users and supports inclusive growth. It shall demonstrate European added value by contributing to the objectives laid down in the following four categories:

(a)sustainability through:

(i)promotion of zero-emission mobility in line with the relevant Union CO2 reduction targets;

(ii)enabling greater use of more sustainable modes of transport, including by further developing a long-distance rail passenger network at high speed and a fully interoperable rail freight network, a reliable inland waterway and short-sea shipping network across the Union;

(iii)increased environmental protection;

(iv)reduction of external costs including those related to environment, health, congestion and accidents;

(v)greater energy security;  

(b)cohesion through:

(i)accessibility and connectivity of all regions of the Union, including outermost regions and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas;

(ii)reduction of infrastructure quality gaps between Member States;

(iii)for both passenger and freight traffic, efficient coordination and interconnection between transport infrastructure for, on the one hand, long-distance traffic and, on the other, regional and local traffic and transport services in urban nodes;

(iv)a transport infrastructure that reflects the specific situations in different parts of the Union and provides for a balanced coverage of all European regions;

(c)efficiency through:

(i)the removal of infrastructure bottlenecks and the bridging of missing links, both within the transport infrastructures and at connecting points between these, within Member States' territories and between them;

(ii)the removal of functional, administrative, technical and operational interoperability bottlenecks, including gaps in digitalisation,

(iii)the interoperability of national, regional and local transport networks;

(iv)optimal integration and interconnection of all transport modes, including in urban nodes;

(v)the promotion of economically efficient, high-quality transport contributing to further economic growth and competitiveness;

(vi)more efficient use of new and existing infrastructure in operation;

(vii)cost-efficient application of innovative technological and operational concepts; 

(d)increasing the benefits for its users through:

(i)ensuring the accessibility for and meeting the mobility and transport needs of users, taking into account in particular the needs of people in situations of vulnerability, including persons with disabilities or reduced mobility and people living in remote regions, including the outermost regions and islands;

(ii)ensuring safe, secure and high-quality standards, including quality of services to the users, for both passenger and freight transport;

(iii)the establishment of infrastructure requirements, in particular in the field of interoperability, safety and security, which ensure quality, efficiency and sustainability of transport services which are accessible and affordable;

(iv)supporting mobility that is fit for the changing climate and resilient to natural hazards and human-made disasters, and ensures efficient and fast deployment of emergency and rescue services, including for persons with disabilities or reduced mobility;

(v)ensuring the resilience of infrastructure, in particular on cross-border sections;

(vi)offering alternative transport solutions, including on other modes, in case of network disturbances.

Article 5 - Resource-efficient network and environmental protection 

1. The trans-European transport network shall be planned, developed and operated in a resource-efficient way, complying with the applicable Union and national environmental requirements, through:

(a)the development of new infrastructure, the improvement and maintenance of existing transport infrastructure, notably by including maintenance over the life-time of the infrastructure in the planning phase of construction or improvement of the infrastructure and by keeping the infrastructure operational;

(b)the optimisation of infrastructure integration and interconnection;

(c)the deployment of alternative fuels recharging and refuelling infrastructure;

(d)the deployment of new technologies and ICT systems for transport to preserve or improve the infrastructure performance;

(e)the optimisation of infrastructure use, in particular through efficient capacity and traffic management;

(f)the taking into account of possible synergies with other networks, in particular the trans-European energy or telecommunication networks;

(g)the development of green, sustainable and climate resilient infrastructure designed to minimise the negative impact on the health of citizens living around the network, the environment and degradation of ecosystems;

(h)the adequate consideration of the resilience of the transport network and its infrastructure with regard to a changing climate as well as natural hazards and human-made disasters, as well as intentional disruptions with a view to addressing those challenges;

(i)the resilience of infrastructure, especially at cross-border sections, assuring to respond and recover rapidly from traffic disruptions. 

2. In planning and developing the trans-European transport network, Member States may adapt the detailed route alignment of sections within the limits indicated in Article 56(1), point (e), taking into account the particular circumstances in the various parts of the Union, such as topographical features of the regions concerned and environmental considerations while ensuring compliance with this Regulation.

3. The environmental assessment of plans and projects shall be carried out in accordance with Council Directive 92/43/EEC 49 , Directives 2000/60/EC 50 , 2001/42/EC 51 , 2002/49/EC 52 , 2009/147/EC 53 and 2011/92/EU of the European Parliament and of the Council 54 . For the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this Regulation, it should also include the assessment of the compliance with the “do no significant harm” principle.

Article 6 - Gradual development of the trans-European transport network

1. The trans-European transport network shall be gradually developed in three steps: the completion of a core network by 31 December 2030, of an extended core network by 31 December 2040 and the comprehensive network by 31 December 2050. This shall be achieved, in particular, by implementing a structure for that network with a coherent and transparent methodological approach, comprising a comprehensive network and a core and extended core network, with transport and urban nodes as connecting points between long distance traffic and the regional and local transport networks.

2. The comprehensive network shall consist of all existing and planned transport infrastructures of the trans-European transport network as well as measures promoting the efficient and socially and environmentally sustainable use of such infrastructure.

3. The core and extended core network shall consist of those parts of the trans-European transport network which shall be developed as a matter of priority for achieving the objectives for the development of the trans-European transport network.

Article 7 - European Transport Corridors

The European Transport Corridors shall consist of the parts of the trans-European transport network which are of the highest strategic importance for the development of sustainable and multimodal freight and passenger transport flows in Europe and for the development of interoperable high quality infrastructure and operational performance.

Article 8 - Projects of common interest

1. Projects of common interest shall contribute to the development of the trans-European transport network through the creation of new transport infrastructure, through the upgrading of the existing transport infrastructure or through measures promoting the resource-efficient use of the network.

2. A project of common interest shall:

(a)contribute to the objectives falling within at least two of the four categories set out in Article 4;

(b)be economically viable on the basis of a socio-economic cost-benefit analysis;

(c)demonstrate European added value.

3. A project of common interest encompasses its entire cycle, including feasibility studies and permission procedures, construction, operation and evaluation.

4. Member States shall take all necessary measures to ensure that the projects are carried out in compliance with relevant Union and national law, in particular with Union legal acts on the environment, climate protection, safety, security, competition, state aid, public procurement, public health and accessibility as well as legislation on non-discrimination.

5. The Commission may require Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.

Article 9 - Cooperation with third countries

1. The Union may cooperate with neighbouring countries in order to connect the trans-European transport network with their infrastructure networks with a view to enhancing economic growth and competitiveness, and in particular to:

(a)promote the extension of the trans-European transport network policy into third countries;

(b)ensure the connection between the trans-European transport network and the transport networks of the third countries at border crossing points, in order to guarantee seamless traffic flows, border checks, border surveillance and other border control procedures;

(c)complete the transport infrastructure in third countries which serve as links between parts of the trans-European transport network in the Union;

(d)promote the interoperability between the trans-European transport network and networks of third countries;

(e)facilitate maritime transport and promote short-sea shipping routes with third countries;

(f)facilitate inland waterway transport with third countries;

(g)facilitate air transport with third countries, in order to promote efficient and sustainable economic growth and competitiveness, including the extension of the Single European Sky and improved air traffic management cooperation;

(h)connect and implement ICT systems for transport in those countries.

2. Annex IV sets out indicative maps of the trans-European transport network extended to specific neighbouring countries, specifying where applicable a core and comprehensive network according to the criteria of this Regulation.


CHAPTER II

GENERAL PROVISIONS

Article 10 - General provisions for the core network, the extended core network and the comprehensive network

1. The core network, the extended core network and the comprehensive network shall:

(a)be as specified in the maps in Annex I and in the lists in Annex II;

(b)be further specified through the description of the infrastructure components;

(c)meet the requirements for the transport infrastructures set out in this Chapter and Chapters III and IV;

(d)constitute the basis for the identification of projects of common interest.

2. The core network and extended core network shall consist of those parts of the comprehensive network which shall be developed as a matter of priority for achieving the objectives of the trans-European transport network policy. References to ‘core network’ in Regulation (EU) 2021/1153 shall be construed as including ‘extended core network’ as defined in this Regulation. References to ‘core network’ in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] shall be construed as references to ‘core network’ as defined in this Regulation. References to ‘comprehensive network’ in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] shall be construed as references to ‘extended core network’ and ‘comprehensive network’ as defined in this Regulation.

3. The nodes of the network are set out in Annex II and include urban nodes, airports, maritime ports and inland ports, and rail road terminals.

4. Member States shall take the appropriate measures for the core network, the extended core network and the comprehensive network to be developed in order to comply with the relevant provisions of this Regulation by the dates specified in Article 6(1), unless specified otherwise in this Regulation.

Article 11 - General provisions for the European Transport Corridors

1. The European Transport Corridors are as specified in the maps in Annex III.

2. Member States shall take the appropriate measures for the European Transport Corridors to be developed in order to comply with the provisions of this Regulation, by 31 December 2030 for their infrastructure which is part of the core network, unless specified otherwise, and by 31 December 2040 for their infrastructure which is part of the extended core network, unless specified otherwise.

3. The Commission is empowered to adopt delegated acts in accordance with Article 60 of this Regulation to amend the alignment of the European Transport Corridors in Annex III to this Regulation, in order to take into account, in particular, the development of major trade flows and traffic or substantial changes to the network.

Article 12 - General priorities for the core, the extended core and the comprehensive network

1. In the development of the core, the extended core and the comprehensive network, general priority shall be given to measures that are necessary for:

(a)increasing freight and passenger transport activity of more sustainable modes of transport in view of a reduction of GHG emissions from transport;

(b)ensuring enhanced accessibility and connectivity for all regions of the Union while taking into consideration territorial and social cohesion as well as the specific case of the outermost regions and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas; 

(c)ensuring optimal integration of the transport modes and interoperability between transport modes;

(d)bridging missing links and removing bottlenecks, particularly in cross-border sections;

(e)deploying the necessary infrastructure which ensures a seamless circulation of zero-emission vehicles;

(f) promoting the efficient and sustainable use of the infrastructure and, where necessary, increasing capacity;

(g)keeping existing infrastructure operational and improving or maintaining its quality in terms of safety, security, efficiency of the transport system and transport operations, climate and disaster resilience, environmental performance, and the continuity of traffic flows;

(h)improving the quality of services and social conditions for transport workers, accessibility for all users, including persons with disabilities or reduced mobility and other people in situations of vulnerability;

(i)implementing and deploying ICT systems for transport.

2. In order to complement the measures set out in paragraph 1, particular consideration shall be given to measures that are necessary for:

(a)contributing to transport emission reduction and increased energy security by promoting the use of zero-emission vehicles and vessels and renewable and low-carbon fuels, through the deployment of corresponding alternative fuels infrastructure;

(b)mitigating exposure of urban areas to negative effects of transiting rail and road transport;

(c)removing administrative, technical and operational barriers, in particular to the interoperability of the trans-European transport network; 

(d)optimising the use of infrastructure, in particular through efficient capacity management, traffic management and increased operational performance.

Article 13 - General priorities for the European Transport Corridors

In the development of the European Transport Corridors, general priority shall be given to measures that are necessary for:

(a)the development of a high performance and fully interoperable rail freight network across the Union;

(b)the development of a high performance rail passenger network, fully interoperable and at high speed, connecting urban nodes across the Union;

(c)the development of a seamless inland waterways, aviation and maritime infrastructure system;

(d)the development of a safe and secure road network, with sufficient alternative fuel infrastructures;

(e)the development of improved multimodal and interoperable transport solutions;

(f)the intermodal integration of the entire logistic chain, interconnecting efficiently in the transport and urban nodes;

(g)the deployment of the necessary infrastructure which ensures a seamless circulation of zero-emission vehicles.


CHAPTER III

SPECIFIC PROVISIONS

SECTION 1

Railway transport infrastructure  

Article 14 - Infrastructure components

1. Railway transport infrastructure shall comprise, in particular:

(a)railway lines, including:

(i) tracks;

(ii) points;

(iii) level crossings;

(iv) sidings;

(v) tunnels;

(vi) bridges;

(vii) infrastructure mitigating impact on environment;

(b)stations along the lines indicated in Annex I for the transfer of passengers within the rail mode and between rail and other transport modes;

(c)rail service facilities other than passenger stations as defined in Article 3(11) of Directive 2012/34/EU of the European Parliament and of the Council 55 , in particular marshalling yards, train formation facilities, shunting facilities, storage sidings, maintenance facilities, other technical facilities like cleaning and washing facilities, relief facilities and refuelling facilities; it also includes automatic gauge-changing facilities for rail;

(d)the rail access routes and last mile rail connections to multimodal freight terminals connected by rail, including in inland and maritime ports and airports, and rail service facilities; 

(e)trackside control-command signalling;

(f)trackside energy infrastructure;

(g)associated equipment;

(h)ICT systems for transport.  

2. The technical equipment associated with railway lines may include electrification systems, equipment for the boarding and alighting of passengers and the loading and unloading of cargo in stations and terminals, as well as innovative technologies in their deployment phase.

Article 15 - Transport infrastructure requirements for the comprehensive network

1. Member States shall ensure that the railway infrastructure of the comprehensive network:

(a)complies with Directive (EU) 2016/797 of the European Parliament and of the Council 56 and its implementing measures in order to achieve the interoperability of the comprehensive network;

(b)complies with the requirements of the technical specifications for interoperability (TSIs) adopted pursuant to Articles 4 and 5 of Directive (EU) 2016/797, under the procedure provided for in Article 7(1), points (b), (c), (d) and (e) of that Directive;

(c)complies with the requirements laid down in as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure].

2. Member States shall ensure that the railway infrastructure of the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 2050:

(a)is fully electrified as regards line tracks and, to the extent necessary for electric train operations, as regards sidings;

(b)provides for a nominal track gauge for new railway lines of 1435 mm, except where the new line is an extension on a network the track gauge of which is different and detached from the main rail lines in the Union;

(c)enables, without special permission, an axle load of at least 22.5 tons;

(d)enables, without special permission, the operation of freight trains with a train length of at least 740 m (including the locomotive(s)). This requirement is met if at least the following conditions are complied with:

(i) on double track lines, at least 50% of the train paths for freight trains, and not less than two train paths per hour and direction, can be allocated to freight trains with a length of at least 740 m;

(ii) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m;

(e)provides a standard of at least P400 in accordance with item 1.1.1.1.3.5 of Table 1 in the Annex to Commission Implementing Regulation (EU) 2019/777 57 , without any additional requirement for special permission to operate services. 

3. The following exemptions apply:

(a)isolated networks are exempted from the requirements under paragraph 2, points (a), (c), (d) and (e);

(b)at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraph 2. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council 58 , be coordinated and agreed with the neighbouring Member State(s) where applicable.  

Article 16 - Transport infrastructure requirements for the core network and the extended core network

1. Member States shall ensure that the railway infrastructure of the core network and the extended core network complies with Article 15(1).

2. Member States shall ensure that the railway infrastructure of the extended core network, including connections referred to in Article 14(1), point (d), by 31 December 2040:

(a)meets the requirements set out in Article 15(2), points (a) to (e), and of a prevailing minimum operational line speed of 100 km/h for freight trains on the freight lines of the extended core network;  

(b)meets the requirements set out in Article 15(2), points (a) and (b), on the passenger lines of the extended core network;

(c)allows for a prevailing minimum line speed of 160 km/h for passenger trains on the passenger lines of the extended core network;

When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.

3. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2030:

(a)meets the requirements set out in Article 15(2), points (a) to (d), and of a prevailing minimum operational line speed of 100 km/h for freight trains on the freight lines of the core network;   

(b)meets the requirements set out in Article 15(2), points (a) and (b), on the passenger lines of the core network;

4. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2040:

(a)meets the requirement of Article 15(2), point (e), on the freight lines on the core network;  

(b)meets the requirement of paragraph 2, point (c), on the passenger lines of the core network.

5. The following exemptions apply:

(a)isolated networks are exempted from the requirements under paragraph 2, 3 and 4;

(b)at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraphs 2 to 4. Any exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797, be coordinated and agreed with the neighbouring Member State(s) where applicable.

Article 17 - The European Rail Traffic Management System

1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 2040:

(a)ERTMS is equipped;  

(b)class B systems are decommissioned.

2. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2030 meets the requirements of paragraph 1, point (a).

3. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2040 meets the requirement of paragraph 1, point (b). 

4. Member States shall ensure that the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), is equipped with radio-based ERTMS by 31 December 2050.

5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling system, radio-based ERTMS is being deployed.

6. At the request of a Member State, in duly justified cases, exemptions may be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council 59 , be coordinated and agreed with the neighbouring Member State(s) where applicable.  

Article 18 - Operational requirements for the European Transport Corridors

1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings, technical and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:

(a)for each internal Union cross-border section, the dwelling time of all freight trains crossing the border does not exceed 15 minutes on average. Dwelling time of a train on a cross-border section means the total additional transit time that can be attributed to the existence of the border crossing, irrespective of the underlying causes, such as police border controls and procedures or considerations of infrastructural, operational, technical and administrative nature, without taking into account the time that cannot be attributed to the border crossing, such as operational procedures carried out in facilities located in the proximity of the border crossing but not intrinsically related to it;

(b)at least 90% of the freight trains crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes.

2. Member States shall modify, as appropriate, contractual agreements referred to in Article 30 of Directive 2012/34/EU and take appropriate measures in accordance with Regulation (EU) No 913/2010 to meet the target values set out in points (a) and (b) of the first paragraph.

Article 19 - Additional priorities for railway infrastructure development

In the promotion of projects of common interest related to railway infrastructure, and in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)mitigating the impact of noise and vibration caused by rail transport, in particular through measures for rolling stock and for infrastructure, including noise protection barriers;

(b)improving the safety of level crossings;

(c)where appropriate, connecting railway transport infrastructure with inland waterway port infrastructure;

(d)subject to socio-economic costs and benefits analysis, developing of infrastructure for train length above 740 m and up to 1500 m and 25.0 t axle load when constructing and modernising railway lines relevant for freight traffic;

(e)developing and deploying innovative technologies for railways, building in particular on the work of the Shift2Rail and Europe’s Rail Joint Undertakings, notably automatic train operation, advanced traffic management, and digital connectivity for passengers based on ERTMS and digital automatic couplings as well as 5G connectivity; 

(f)when building or upgrading railway infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths in order to promote the active modes of transport;

(g)developing innovative alternative fuels technologies for railways, such as hydrogen for sections that are exempted from the electrification requirement. 


SECTION 2

Inland waterways transport infrastructure

Article 20 - Infrastructure components

1. Inland waterways infrastructure shall comprise, in particular:

(a)rivers;

(b)canals;

(c)lakes;

(d)related infrastructure such as locks, elevators, bridges, reservoirs and associated flood and drought prevention and mitigation measures which may bring positive effects to inland waterway navigation;

(e)access waterways and last mile connections to multimodal freight terminals connected by inland waterways, in particular in inland and maritime ports;

(f)mooring and rest places;

(g)inland ports, including basic port infrastructure in the form of internal basins, quay walls, berths, jetties, docks, dykes, backfills, land reclamation and the infrastructure necessary for transport operations within the port area and outside the port area;

(h)associated equipment;

(i)ICT systems for transport, including RIS;

(j)the connections of the inland ports to the other modes in the trans-European transport network;

(k)infrastructure related to facilities for alternative fuels as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(l)infrastructure necessary for zero waste operations and circular economy measures.

2. Equipment associated with inland waterways may include equipment for the loading and unloading of cargos and storage of goods in inland ports. Associated equipment may include, in particular, propulsion and operating systems which reduce pollution, such as water and air pollution, energy consumption and carbon intensity. It may also include waste reception facilities, shore-side electricity power supply and other alternative fuels infrastructure for supply and generation and used oil collection facilities, as well as equipment for ice-breaking, hydrological services and dredging of the fairway, port and port approaches to ensure year-round navigability.

3. An inland port shall be part of the comprehensive network where it meets the following conditions:  

(a)it has an annual freight transhipment volume exceeding 500,000 tonnes. The total annual freight transhipment volume shall be based on the latest available three-year average, based on the statistics published by Eurostat;

(b)it is located on the inland waterway network of the trans-European transport network.

Article 21 - Transport infrastructure requirements for the comprehensive network

1. Member States shall ensure that inland ports on the comprehensive network, by 31 December 2050:

(a)will be connected with the road or rail infrastructure;

(b)offer at least one multimodal freight terminal open to all operators and users in a non-discriminatory way and which shall apply transparent and non-discriminatory charges;

(c)are equipped with facilities to improve the environmental performance of vessels in ports, including reception facilities, degassing facilities, noise reduction measures, measures to reduce air and water pollution.

2. Member States shall ensure that alternative fuels infrastructure is deployed in inland ports in compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure].

Article 22 - Transport infrastructure requirements for the core network

1. Member States shall ensure that the inland ports of the core network meet the requirements set out in Article 21(1), points (a) and (b), by 31 December 2030 and in Article 21(1), points (c), by 31 December 2040.

2. Member States shall ensure that the inland waterway network, including connections referred to in Article 20(1), point (e), is maintained to enable efficient, reliable and safe navigation for users by ensuring minimum waterway requirements and levels of service and by preventing the deterioration of these minimum requirements or any of its defined underlying criteria (Good Navigation Status).

3. Member States shall in particular ensure that:

(a)Rivers, canals, lakes, inland ports and their access routes provide a navigable channel depth of at least 2.5 m and a minimum height under non-openable bridges of at least 5.25 m at defined reference water levels, which are exceeded at a defined number of days per year on a statistical average.

The reference water levels shall be established on the basis of the number of days per year on which the actual water level exceeded the specified reference water level. The Commission shall adopt implementing acts specifying the reference water levels referred to in the previous subparagraph per river basin. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

When specifying the reference water levels the Commission shall take into account the requirements which are set out in international conventions and in agreements concluded between Member States.

(b)Member States shall publish on a website accessible to the public the number of days per year as referred to under point (a) during which the actual water level exceeds or does not achieve the specified reference water level for navigation channel depth as well as the average waiting times at each lock; 

(c)operators of locks shall ensure that locks are operated and maintained in such a way that waiting times are minimised;

(d)rivers, canals and lakes are equipped with RIS for all services according to Directive 2005/44/EC 60 , so as to guarantee real-time information to users across borders.

4. At the request of a Member State, in duly justified cases, exemptions from the minimum requirements referred to in paragraph (3), point (a), may be granted by the Commission by means of implementing acts. Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity.

Deterioration of the minimum requirements caused by direct human action or by lack of diligence in the maintenance of the inland waterway network shall not be considered as a case justifying the granting of an exemption.

Member States may be granted an exemption in case of force majeure. Member States shall rehabilitate the navigability conditions to the previous status as soon as the situation allows for it.

Any request for exemption shall be coordinated and agreed with the neighbouring Member State(s) where applicable.

5. The Commission shall adopt implementing acts setting out requirements complementing the minimum requirements established in accordance with paragraph (3), point (a), second subparagraph, per river basin. These requirements may be related in particular to:

(a)complementary parameters for waterways specific for free flowing rivers;

(b)specifications for inland waterway infrastructure;

(c)specifications for infrastructure of inland ports;

(d)appropriate mooring places and services for commercial users;

(e)deployment of alternative energy infrastructure to ensure corridor-wide access to alternative fuels;

(f)requirements for digital applications of the network and automation processes;

(g)resilience of the infrastructure to climate change, natural hazards and human-made disasters or intentional disruptions;

(h)introduction and promotion of new technologies and innovation for zero-carbon energy fuels and propulsion systems.

The implementing act referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 59(3).

6. The Commission shall ensure a coherent approach on the application of the good navigation status in the Union and may adopt guidelines thereto. When establishing minimum requirements for paragraphs (e) and (f), the Commission shall ensure that the interoperability between river basins is not compromised.

Article 23 - Additional priorities for inland waterway infrastructure development

In the promotion of projects of common interest related to inland waterway infrastructures, and in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)where appropriate, achieving higher standards for modernising existing waterways and for creating new waterways, in order to meet market demands;

(b)prevention and mitigation measures against flooding and droughts;

(c)the promotion of sustainable, safe and secure inland waterway transport, including within urban nodes;

(d)modernisation and expansion of the capacity of the infrastructure necessary for transport operations within as well as outside the port area;

(e)promoting and developing measures to improve the environmental performance of inland waterway transport and transport infrastructure, including zero and low emission vessels and measures to mitigate impacts on water bodies and water-dependent biodiversity, in accordance with the applicable requirements under Union law or relevant international agreements.


SECTION 3

Maritime transport infrastructure and the European Maritime Space

Article 24 - Infrastructure components

1. The European Maritime Space connects and integrates the maritime components described in paragraph 2 with the landside network through the creation or upgrading of short-sea shipping routes between two or more maritime ports on the Union territory or between one or more port(s) on the Union territory and a port on the territory of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Union, and through the development of maritime ports on the Union territory and their hinterland connections to provide an efficient, viable and sustainable integration with other modes of transport. 

2. The European Maritime Space consists of:

(a)the maritime transport infrastructure within the port area of the core and comprehensive network;

(b)wider benefit actions that are not linked to specific ports and that benefit the European Maritime Space and the maritime industry widely, such as support to activities ensuring year-round navigability (icebreaking), ICT systems for transport and hydrographic surveys.

3. Maritime transport infrastructure referred to in point (a) of paragraph 2 shall comprise, in particular:

(a)maritime ports, including the infrastructure necessary for transport operations within the port area;

(b)basic port infrastructure such as internal basins, quay walls, berths, jetties, docks, dykes, backfills and land reclamation;

(c)sea canals;

(d)navigational aids;

(e)port approaches, fairways and locks;

(f)breakwaters;

(g)the connections of the ports to the trans-European transport network of the other modes of transport;

(h)ICT systems for transport, including EMSWe and VTMIS;

(i)infrastructure related to facilities for alternative fuels as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(j)associated equipment, which may include, in particular, equipment for traffic and cargo management, for the reduction of negative effects on the environment, for improving energy efficiency, for the reduction of noise, and for the use of alternative fuels, as well as equipment to ensure year-round navigability, including ice-breaking, hydrological surveys, and for capital dredging and protection of the port and port approaches;

(k)infrastructure necessary for zero waste operations and circular economy measures.

4. A maritime port shall be part of the comprehensive network where at least one of the following conditions is met:

(a)its 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;

(b)its 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;

(c)it is located on an island and provides the sole point of access to a NUTS 3 region in the comprehensive network;

(d)it 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.

Article 25 - Transport infrastructure requirements for the comprehensive network

1. Member States shall ensure that:

(a)alternative fuels infrastructure is deployed in maritime ports of the comprehensive network in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure];  

(b)maritime ports of the comprehensive network are equipped with the necessary infrastructure to improve the environmental performance of ships in ports, among others reception facilities for the delivery of waste from ships in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council 61 ;

(c)VTMIS and SafeSeaNet are implemented in accordance with Directive 2002/59/EC;

(d)maritime national single windows are implemented in accordance with the Regulation (EU) 2019/1239.

2. Member States shall ensure that, by 31 December 2050:

(a)maritime ports of the comprehensive network will be connected with the rail and road infrastructure and, where possible, inland waterways, except where specific geographic or significant physical constraints prevent such connection;

(b)any maritime port of the comprehensive network that serves freight traffic offers at least one multimodal freight terminal which is open to all operators and users in a non-discriminatory way and which applies transparent and non-discriminatory charges; 

(c)sea canals, port fairways and estuaries connect two seas, or provide access from the sea to maritime ports and correspond at least to inland waterways that meet the requirements of Article 22; 

(d)maritime ports of the comprehensive network connected to inland waterways are equipped with dedicated handling capacity for inland waterway vessels.

3. At the request of a Member State, in duly justified cases, exemptions from the minimum requirements referred to in paragraph (2), may be granted by the Commission by means of implementing acts. Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity.

Article 26 - Transport infrastructure requirements for the core network

1. Member States shall ensure that the maritime transport infrastructure of the core network complies with Article 25(1).

2. Member States shall ensure that the maritime transport infrastructure of the core network meets the requirements set out in Article 25(2) by 31 December 2030.

3. At the request of a Member State, in duly justified cases, exemptions from the minimum requirements referred to in paragraph (2), may be granted by the Commission by means of implementing acts. Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity.

Article 27 - Additional priorities for maritime infrastructure development

In the promotion of projects of common interest related to maritime infrastructure, and in addition to the priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)upgrading maritime access, such as breakwaters, sea channels, fairways, locks, capital dredging and navigational aids;

(b)construction or upgrading basic port infrastructure, such as internal basins, quay walls, berths, jetties, docks, dykes, backfills and land reclamation;

(c)improvement of digitalisation and automation processes, in particular in view of an increased safety, security and sustainability;

(d)introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems;

(e)improve the resilience of the logistic chains and international maritime trade, including in relation to climate adaptation;

(f)noise reduction and energy efficiency measures;

(g)promoting zero and low emission vessels serving and operating short-sea shipping links, and developing measures to improve the environmental performance of maritime transport for port call or supply chain optimisation in accordance with the applicable requirements under Union law or relevant international agreements.


SECTION 4

Road transport infrastructure

Article 28 - Infrastructure components

1. Road transport infrastructure shall comprise, in particular:

(a)roads including:

(i) bridges;

(ii) tunnels;

(iii) junctions;

(iv) crossings;

(v) interchanges;

(vi) hard shoulders;

(vii) parking and rest areas, including safe and secure parking areas for commercial vehicles;

(viii) weigh in motion systems;

(ix) infrastructure related to facilities for alternative fuels in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(x) infrastructure mitigating impact on environment;

(b)associated equipment;

(c)ICT systems for transport;

(d)access routes and last mile connection to multimodal freight terminals;

(e)connections of the freight terminals and logistic platforms to the other modes in the trans-European transport network;

(f)bus terminals.

2. The 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 and interconnect with other transport modes.

3. Equipment associated with roads may include, in particular, equipment for traffic management, information and route guidance, for the levying of tolls or user charges, for safety, for reducing negative environmental effects, for refuelling or recharging of vehicles with alternative propulsion, and for safe and secure parking areas for commercial vehicles.

Article 29 - Transport infrastructure requirements for the comprehensive network

1. Member States shall ensure that:

(a)the safety of road transport infrastructure is ensured, monitored and, when necessary, improved in accordance with Directive 2008/96/EC of the European Parliament and of the Council 62 ;

(b)the roads are designed, built or upgraded and maintained with the highest level of safety of traffic through, in particular, the implementation of the latest technologies;

(c)the roads are designed, built or upgraded and maintained with the highest level of environmental protection, including as appropriate through low noise road surfaces and the collection, treatment and release of water run-off;

(d)road tunnels over 500 m in length comply with Directive 2004/54/EC of the European Parliament and of the Council 63 ;

(e)where applicable, the interoperability of toll collection systems is ensured in accordance with Directive (EU) 2019/520 of the European Parliament and of the Council 64 and with Commission Implementing Regulation C/2019/9080 65 and Commission Delegated Regulation C/2019/8369 66 ;

(f)where applicable, the tolls or user charges are levied in accordance with Directive 1999/62/EC of the European Parliament and of the Council 67 ;

(g)any intelligent transport system on road transport infrastructure complies with Directive (EU) […] on the framework for the deployment of Intelligent Transport Systems and is deployed in a manner consistent with delegated acts adopted under that Directive 68 ;

(h)alternative fuels infrastructure is deployed on the road network in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure].

2. Member States shall ensure that by 31 December 2050 the road infrastructure of the comprehensive network meets the following requirements:

(a)the road is specially designed, built or upgraded for motor traffic and:

(i)provides, except at special points or temporarily, 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;

(ii)does not cross at grade with any road, railway or tramway track, bicycle path or footpath; and

(iii)does not serve properties bordering on it.

(b)rest areas are available at a maximum distance of 60 km from each other, providing sufficient parking space, safety and security equipment, and appropriate facilities, including sanitary facilities, that meet the needs of a diverse workforce;

(c)safe and secure parking areas are available at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054 69 ;

(d)weigh in motion systems are installed at a maximum distance of 300 km from each other. Weigh in motion systems shall allow the identification of vehicles and vehicle combinations that are likely to have exceeded the maximum authorised weights set out in Directive 96/53/EC.

3. Member States shall ensure, by 31 December 2030, the deployment or use of the means to detect safety-related events or conditions, and collection of the relevant road traffic data, for the purpose of providing road safety-related minimum universal traffic information as defined in Commission Delegated Regulation 886/2013 70 .

4. At the request of a Member State, in duly justified cases, exemptions from the requirement set out in paragraph 2, point (a), may be granted by the Commission by means of implementing acts, in particular where the traffic density does not exceed 10,000 vehicles per day in both directions, or when there are specific geographic or significant physical constraints, as long as an appropriate level of safety is ensured. Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity of the investments. 

Article 30 - Transport infrastructure requirements for the core network and extended core network

1. Member States shall ensure that the road infrastructure of the core network and extended core network complies with Article 29(1).

2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (c) and (d), by 31 December 2040.

3. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), point (b), by 31 December 2030.

4. Member States shall ensure that the road infrastructure of the core network meets the requirements set out in Article 29(3) by 31 December 2025.

5. At the request of a Member State, in duly justified cases, exemptions from the requirement set out in Article 29 (2), point (a), may be granted by the Commission by means of implementing acts, in particular where the traffic density does not exceed 10,000 vehicles per day in both directions, or when there are specific geographic or significant physical constraints, as long as an appropriate level of safety is ensured. Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity of the investments.

Article 31 - Additional priorities for road infrastructure development

In the promotion of projects of common interest related to road infrastructure, and in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)improvement and promotion of road safety, taking into account the needs of vulnerable users and road users in all their diversity, in particular persons with reduced mobility;

(b)mitigation of congestion on existing roads, in particular through intelligent traffic management, including dynamic congestion charges or tolls varied based on the time of day, week or season;

(c)introduction of innovative technologies to improve the control of compliance with the Union road transport legal framework, including smart and automated enforcement tools and 5G communication infrastructure;

(d)when building or upgrading road infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths in order to promote the active modes of transport.


SECTION 5

Air transport infrastructure

Article 32 - Infrastructure components

1. Air transport infrastructure shall comprise, in particular:

(a)air space, routes and airways;

(b)airports, including the infrastructure and equipment necessary for ground and transport operations within the airport area, vertiports and spaceports;

(c)the connections of the airports to the other modes in the trans-European transport network;

(d)ATM/ANS Systems and associated equipment, including space-based equipment;

(e)infrastructure related to alternative fuels, and electricity supply to stationary aircraft as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(f)infrastructure for the on-site production of alternative fuels and improving energy efficiency and reducing climate, environmental and noise emissions of airports or of associated airport operations such as ground-handling services, aircraft operations and passenger ground transport;

(g)infrastructure used for separate waste collection, waste prevention and activities in the area of circular economy.

2. An airport shall be part of the comprehensive network, where it meets at least one of the following conditions:

(a)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; 

(b)for passenger airports, the total annual passenger traffic is at least 0.1% of the total annual passenger volume of all airports of the Union, unless the airport in question is situated outside a radius of 100 km from the nearest airport in the comprehensive network or outside a radius of 200 km where there is a high-speed railway line in the region in which it is situated.

The total annual passenger volume and the total annual cargo volume are based on the latest available three-year average, based on the statistics published by Eurostat.

Article 33 - Transport infrastructure requirements for the core and comprehensive network

1. Member States shall ensure that:

(a)the airports of the core network are connected with the long-distance rail network, including the high-speed rail network, and road transport infrastructure of the trans-European transport network by 31 December 2030, except where specific geographic or significant physical constraints prevent such connections;

(b)the airports of the comprehensive network with a total annual passenger traffic volume of more than four million passengers are connected with the long-distance railway network, including with the high-speed rail network, and road transport infrastructure of the trans-European transport network by 31 December 2050, except where specific geographic or significant physical constraints prevent such connections;

(c)any airport located on their territory offers at least one terminal which is open to all operators and users in a non-discriminatory way and which shall apply transparent, and non-discriminatory charges;

(d)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 71 , apply to the air transport infrastructure;

(e)infrastructure for air traffic management is such as to permit the implementation of the Single European Sky, in accordance with Regulation (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EU) No 2018/1139, of air transport operations, in order to improve the performance and sustainability of the European aviation system, of implementing rules and of Union specifications;

(f)alternative fuels infrastructure is deployed in airports in full compliance with the requirements as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(g)air transport infrastructure provides for pre-conditioned air supply to stationary aircraft.

2. At the request of a Member State, the Commission may, in duly justified cases, grant exemptions by means of implementing acts in respect of the requirements set out in paragraph 1, points (a), (b), (c) and (g). Any request for exemption shall be based on a socio-economic cost-benefit analysis or related to the specific geographic or significant physical constraints, including the non-existence of a railway system on the territory.

Article 34 - Additional priorities for air transport infrastructure development

In the promotion of projects of common interest related to air transport infrastructure, and in addition to the priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)increasing airport energy and operational efficiency;

(b)supporting the implementation of the Single European Sky and of interoperable systems, in particular those developed by the SESAR project in accordance with the European ATM Master Plan;

(c)improvement of digitalisation and automation processes, in particular in view of an increased safety and security;

(d)improving multimodal interconnections between airports and infrastructure of other transport modes, and between airports and urban nodes where appropriate;

(e)improving sustainability and mitigating climate, environmental and noise impacts, in particular by introducing new technologies and innovation, alternative fuels, zero- and low emission aircraft and zero and low carbon infrastructure.


SECTION 6

Infrastructure for multimodal freight terminals

Article 35 - Identification of the multimodal freight terminals

1. The multimodal freight terminals of the trans-European transport network are terminals that are:  

(a)located in the maritime ports of the trans-European transport network, as listed in Annex II;

(b)located in the inland ports of the trans-European transport network, as listed in Annex II;

(c)located within or in the vicinity of an urban node;

(d)classified as rail road terminals of the trans-European transport network, as listed in Annex II.

2. Member States shall ensure that there is sufficient multimodal freight terminal capacity serving the trans-European transport network, meeting current and future traffic flows, in particular flows serving urban nodes, industrial centres, ports and logistics hubs.

3. Within two years after the entry into force of this Regulation, Member States shall conduct a market and prospective analysis on multimodal freight terminals on their territory. This analysis shall at least:

(a)examine the current and the future traffic flows of freight, including traffic flows of freight transported by road;

(b)identify the existing multimodal freight terminals of the trans-European transport network on their territory, and assess the need for new multimodal freight terminals or additional transhipment capacity in existing terminals;

(c)analyse how to ensure adequate distribution of multimodal freight terminals with adequate transhipment capacity in order to meet the needs identified in point (b). This shall take into account the terminals located in border areas of neighbouring Member States.

Member States shall consult shippers, transport and logistics operators which operate on their territory. They shall take into account the results of the consultation in their analysis.

4. On the basis of the analysis under paragraph 3, Member States shall elaborate an action plan for the development of a multimodal freight terminal network. The results of the analysis and the action plan shall be submitted to the Commission no later than six months after finalising the analysis, together with a list of rail road terminals which the Member State proposes to add in Annexes I and II.

5. A rail road terminal shall be part of the trans-European transport network and listed in Annexes I and II where at least one of the following conditions is met:

(a)its annual transhipment of freight exceeds, for non-bulk cargo, 800,000 tonnes or, for bulk cargo, 0.1% of the corresponding total annual cargo volume handled in all maritime ports of the Union;

(b)it is the main rail road terminal designated by the Member State for a NUTS 2 region, where there is no rail road terminal complying with point (a) in that NUTS 2 region,

(c)it is proposed by the Member State in accordance with paragraph 4.

Article 36 - Infrastructure components

Multimodal freight terminals shall comprise, in particular:

(a)infrastructure interconnecting the different modes of transport within a terminal area and its vicinity; 

(b)equipment such as cranes, conveyors or other transhipment devices to move freight between different transport modes and for the positioning and storage of freight;

(c)dedicated areas such as gate area, intermediate buffer and waiting area, transhipment area and driving or loading lanes;

(d)ICT systems relevant for efficient terminal operations such as those that facilitate infrastructure capacity planning, transport operations, connections between the modes, and transhipment;

(e)infrastructure related to facilities for alternative fuels.

Article 37 - Transport infrastructure requirements

1. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminals referred to in Article 35(1):

(a)are connected to the modes of transport which are available in the area, where feasible, unless not justified in socio-economic cost-benefit terms;

(b)are equipped with at least one recharging station as defined in Article 2, point (43), of Regulation (EU) […] [on the deployment of alternative fuels infrastructure] dedicated to serve heavy-duty vehicles, by 31 December 2030;

(c)are equipped with digital tools to ensure by 31 December 2030:

(i)efficient terminal operations such as photogates, terminal operation system, driver digital check-in/check-out, cameras or other sensors on transhipment equipment as well as railside camera systems;

(ii)the provision of information flows within a terminal and between the transport modes along the logistic chain and the terminal.

2. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminals referred to in Article 35(1) and which are connected to the rail network, by 31 December 2030, are able to handle all types of intermodal loading units if they are classified as intermodal terminals and if they carry out vertical transhipment. 

3. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminals referred to in Article 35(1) and which are connected to the rail network, by 31 December 2040, are able to accommodate 740 m long trains without manipulation or, if this is not economically viable, that adequate measures are taken to improve the operational efficiency of accommodating 740 m long trains, such as extension and electrification of departure and arrival sidings, adjustments to signalling systems and improvements to the track configuration.

4. Member States shall ensure in a fair and non-discriminatory manner that all multimodal freight terminals referred to in Article 35(1) and which are connected to the rail network, by 31 December 2050 are able to handle any 740 m long train without manipulation.

5. At the request of a Member State, in duly justified cases, exemptions from the obligations under paragraphs 1 to 4 may be granted by the Commission by means of implementing acts where investment in infrastructure cannot be justified in socio-economic cost-benefit terms, in particular when the terminal is located in a spatially restricted area. 

Article 38 - Additional priorities for multimodal transport infrastructure development

In the promotion of projects of common interest related to multimodal transport infrastructure, and in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)facilitating interconnections between different transport modes;

(b)removing the main technical and administrative barriers to multimodal transport, including by the implementation of eFTI;

(c)developing a smooth flow of information enabling transport services across the trans-European transport system;

(d)facilitating the interoperability for data sharing, access to data and data re-use within and between the transport modes;

(e)promoting, where appropriate, that private sidings on the trans-European transport network allow for the handling of 740 m trains without manipulation.


SECTION 7

Urban nodes

Article 39 - Urban nodes components

1. An urban node shall comprise, in particular:

(a)transport infrastructure in the urban node that is part of the trans-European transport network, including bypasses, and that increases the performance of the trans-European transport network;

(b)access points to the trans-European transport network, notably multimodal railway stations, multimodal freight terminals, ports or airports;

(c)first and last mile connections between and to these access points.

2. The urban nodes of the trans-European transport network are listed in Annex II.

Article 40 - Urban nodes requirements

When developing the trans-European transport network in urban nodes, in order to ensure the effective functioning of the entire network without bottlenecks, Member States shall ensure:

(a)availability of alternative fuels recharging and refuelling infrastructure, including in logistics platforms and for public transport in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure];

(b)by 31 December 2025:

(i)adoption of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, to promote efficient zero-emission mobility including sustainable and zero-emission urban logistics, to reduce air and noise pollution and that takes long-distance trans-European transport flows into consideration;

(ii)collection and submission to the Commission of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility service, as well as data on air and noise pollution. Thereafter these data shall be submitted every year;

(c)by 31 December 2030:

(i)for passenger transport: sustainable, seamless and safe interconnection between rail, road, air, the active modes of transport and, as appropriate, inland waterway and maritime infrastructure;

(ii)for passenger transport: ability for passengers to access information, book, pay their journeys and retrieve their tickets through multimodal digital mobility services;

(iii)for freight transport: sustainable, seamless and safe interconnection between rail, road, and, as appropriate, inland waterway, air and maritime infrastructure as well as appropriate connections with logistics platforms and facilities;

(iv)the development of multimodal passenger hubs to facilitate first and last mile connections which are equipped with at least one recharging station as defined in Article 2, point (43), of Regulation (EU) […] [on the deployment of alternative fuels infrastructure] dedicated to serve heavy-duty vehicles;

(d)by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node.

The Commission shall adopt, no later than one year after the entry into force of this Regulation an implementing act establishing a methodology for the data to be collected by the Member States referred to under point (ii) of paragraph (b). That implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3).

Article 41 - Additional priorities for urban nodes

In the promotion of projects of common interest related to urban nodes, and in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:

(a)seamless interconnection between the infrastructure of the trans-European transport network and the infrastructure for regional and local transport;

(b)mitigation of the exposure of urban areas to negative effects of transiting rail and road transport, which may include bypasses;

(c)promotion of efficient and low-noise zero emission transport and mobility, including greening urban fleets;

(d)increase of the modal share of public transport and of active modes;

(e)digital exchange of transport and traffic information between urban and non-urban traffic management centres and with entities providing information services, in line with ISO/CEN standards.


CHAPTER IV

PROVISIONS FOR SMART AND RESILIENT TRANSPORT

Article 42 - ICT systems for transport

1. ICT systems for transport shall be such as to enable capacity and traffic management and the exchange of information within and between transport modes for multimodal transport operations and value-added transport-related services, improvements in resilience, safety, security, congestion and operational and environmental performance, and simplified administrative procedures. ICT systems for transport shall also facilitate seamless connection between infrastructure and mobile assets.

2. ICT systems for transport shall be deployed across the Union, in order to ensure the presence of a set of interoperable basic capabilities in all Member States.

3. The ICT systems for transport referred to in this Article shall include:

(a)for railways: ERTMS, telematics applications for freight and passenger services as referred to in the Technical Specification for Interoperability, and other digitalisation improvements, in particular outputs from Shift2Rail and Europe’s Rail Joint Undertaking;

(b)for inland waterways: RIS;

(c)for road transport: ITS; 

(d)for maritime transport: for vessel traffic management VTMIS services and for information exchange the European Maritime Single Window environment (EMSWe);

(e)for air transport: ATM/ANS systems, in particular those resulting from the SESAR project;

(f)for multimodal transport: eFTI, the EU Mobility Data Space and frameworks facilitating business to business data exchange for supply chain transparency and optimisation.  

Article 43 - Sustainable freight transport services

1. Member States shall promote projects of common interest which both provide efficient freight transport services that use the infrastructure of the trans-European transport network and contribute to reducing carbon dioxide emissions and other negative environmental impacts, and which aim to:

(a)improve sustainable use of transport infrastructure, including its efficient management;

(b)promote the deployment of innovative transport services, including short-sea shipping links, ICT systems for transport and the development of the ancillary infrastructure necessary to achieve mainly environmental and safety-related goals of those services, as well as the establishment of relevant governance structures;

(c)facilitate multimodal transport service operations, including the necessary accompanying information flows, and improve cooperation of the participants of the logistic chain, including shippers, operators, service providers and their customers;

(d)stimulate resource efficiency and zero- and low-emission operation, in particular in the fields of technologies, operations, vehicle traction, driving/steaming, systems and operations planning;

(e)improve links to the most vulnerable and isolated parts of the Union, in particular the outermost regions, and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas.

2. Member States shall promote the deployment of innovative transport services, including through the European Maritime Space, ICT systems and the development of the ancillary infrastructure necessary to achieve environmental and safety-related goals of those services as well as the establishment of relevant governance structures.

Article 44 - New technologies and innovation

In order for the trans-European transport network to keep up with innovative technological developments and deployments, Member States shall aim in particular to:

(a)support and promote the decarbonisation of transport through transition to zero- and low-emission vehicles, vessels and aircraft and other innovative and sustainable transport and network technologies such as hyperloop;

(b)make possible the decarbonisation of all transport modes by stimulating energy efficiency, introduce zero and low emission solutions, including hydrogen and electricity supply systems, as well as other new solutions such as sustainable fuels, and provide corresponding infrastructure. Such infrastructure may include grid access and other facilities necessary for the energy supply, may take account of the infrastructure-vehicle interface and may encompass ICT systems for transport. Transport infrastructure may serve as energy hub to serve different transport modes;

(c)support the take-up and deployment of new digital technologies, in particular promote connectivity infrastructure with uninterrupted coverage across the European Transport Corridors to ensure the highest level and performance of digital infrastructure and reach higher levels of automation;

(d)improve the safety and sustainability of the movement of persons and of the transport of goods;

(e)improve the operation, management, accessibility, interoperability, multimodality and efficiency of the network, including through the development of multimodal digital mobility services and the development of infrastructure that allows for seamless multimodality, such as high-speed rail and city train/tram connection at airports;

(f)promote efficient ways to provide accessible and comprehensible information to all users and providers of transport services regarding interconnections, interoperability and multimodality;

(g)promote efficient ways to provide accessible and comprehensive information to all users and providers of transport services regarding the environmental impacts of their transport choices; 

(h)promote measures to reduce external costs, such as congestion, damage to health and pollution of any kind including noise and emissions;

(i)introduce security technology and compatible identification standards on the networks;

(j)improve transport infrastructure resilience against disruptions and climate change through infrastructure upgrades and design and digital, cyber secure solutions aimed at the protection of the network in the context of natural and human-made disasters;

(k)further advance the development and deployment of ICT systems and new technologies for transport within and between modes of transport.

Article 45 - Safe and secure infrastructure

Member States shall ensure that transport infrastructure provides for safe and secure passenger and freight movements.

Article 46 - Resilience of infrastructure

1. When planning infrastructure, Member States shall improve the security and the resilience of the transport infrastructure to climate change, natural hazards, human-made disasters, as well as intentional disruptions affecting the functioning of the Union transport system. When implementing projects of common interest, Member States shall take into consideration:  

(a)interdependencies, linkages and cascading effects with other networks such as telecommunication and electricity network; 

(b)safety, security and performance in the presence of multiple hazards;

(c)structural infrastructure quality during its whole lifecycle, with particular attention to the future projected climate conditions;

(d)civil protection needs to react to disruptions;

(e)cyber-security and resilience of infrastructure, with particular attention to cross-border infrastructure.

2. Projects of common interest for which an environmental impact assessment must be carried out in compliance with Directive 2011/92/UE shall be subject to climate proofing. The climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change, through a climate vulnerability and risk assessment, including through relevant adaptation measures, and through integration of the costs of greenhouse gas emissions in the cost-benefit analysis. Such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this Regulation.

Article 47 - Risks to security or public order

1. Member States shall notify the Commission of any project of common interest in their territory with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country with a view to allow assessment of its impact on security or public order in the Union. This obligation shall not apply to foreign direct investments notified to the Commission and other Member States pursuant to Article 6(1) of Regulation (EU) 2019/452.

2. Member States shall ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. The information shall in particular include:

(a)the ownership structure of the undertaking of a third country and where applicable of the undertaking in which the participation or contribution is planned, including information on the ultimate beneficial owner and participation in the capital;

(b)the approximate value of the participation of or contribution by a natural person of a third country or an undertaking of a third country in the project of common interest and the description of the form and conditions of such participation or contribution;

(c)the products, services and business operations of the natural person of a third country or an undertaking of a third country and where applicable of the undertaking in which the participation or contribution is planned affecting the trans-European network;

(d)the Member States in which the natural person of a third country or an undertaking of a third country and where applicable the undertaking in which the participation or contribution is planned conduct relevant business operations affecting the trans-European transport network;

(e)the funding of the contribution or participation and its source, on the basis of the best information available to the Member State;

(f)the date when the participation is planned to take effect or the contribution is planned to be completed.

In addition, Member States shall endeavour to provide any information, if available, relevant for the assessment undertaken by the Commission pursuant to points (a), (b) and (c) of the second subparagraph of paragraph 5.

3. No later than thirty calendar days following the receipt of information pursuant to paragraph 1, the Commission may request additional information from the Member State where the project of common interest is planned. Any request for additional information shall be duly justified, limited to information necessary to carry out the assessment pursuant to paragraph 5, proportionate to the purpose of the request and not unduly burdensome for the Member State where the project of common interest is planned. 

The Member State where the project of common interest is planned shall ensure that the additional information requested by the Commission is made available to the Commission without undue delay.

The Member State where the project of common interest is planned may request the natural person of a third country or an undertaking of a third country to provide the information referred to in paragraph 2 and 3. The natural person of a third country or an undertaking of a third country concerned shall provide the information requested without undue delay.

4. Where the Commission considers that the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on the trans-European transport network on grounds of security or public order, or has relevant information in relation to that participation or contribution, or the project of common interest concerned, it may issue an opinion addressed to the Member State where the project of common interest is planned. 

Critical infrastructure thereby means an asset, system or part thereof used for transport purposes and located in Member States which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.

5. In determining whether the participation of a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on grounds of security or public order, the Commission may consider its potential effects on, inter alia on:

(a)critical infrastructure and facilities critical for the operation of such infrastructure, as well as land and real estate crucial for the use of such infrastructure;

(b)technologies and dual use items as defined in point 1 of Article 2 of Regulation (EU) 2021/821 72 essential for the functioning of critical infrastructure;

(c)supply of inputs essential for the building, operation and maintenance of critical infrastructure;

(d)access to sensitive information, including personal data, or the ability to control such information in conjunction with the building, operation and maintenance of critical infrastructure.

In determining whether a foreign participation or contribution is likely to affect security or public order, the Commission may also take into account, in particular:

(a)whether the third undertaking is directly or indirectly controlled by the government, including state bodies or armed forces, of a third country, including through ownership structure or significant funding;

(b)whether the natural person of a third country or the  third undertaking have already been involved in activities affecting security or public order in a Member State; or

(c)whether there is a serious risk that the natural person of a third country or the third undertaking engage in illegal or criminal activities.

6. The Commission may provide an opinion pursuant to paragraph 4 no later than three months following the receipt of information pursuant to paragraph 3. The opinion of the Commission shall be addressed to the Member State where the project of common interest is planned and it shall be sent to the other Member States. In case the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is a foreign direct investment as defined in point 1 of Article 2 of Regulation (EU) 2019/452 not undergoing screening by the Member State where the foreign direct investment is planned or completed, the Commission shall issue such opinion, where justified, pursuant to Article 8 of Regulation (EU) 2019/452.

7. The Member State in which the project of common interest is planned to be implemented by, or with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country shall take utmost account of the Commission's opinion and provide an explanation to the Commission if its opinion is not followed, no later than three months following the issuance of the opinion.

8. Each Member State and the Commission shall establish a contact point for the implementation of this Article. Member States and the Commission shall involve those contact points on all issues relating to the implementation of this Article.

9. A secure and encrypted system shall be provided by the Commission to support direct cooperation and exchange of information between the contact points.

10. Member States and the Commission shall ensure the protection of confidential information acquired in application of this article in accordance with Union and the respective national law.

11. Member States and the Commission shall ensure that classified information provided or exchanged under this article is not downgraded or declassified without the prior written consent of the originator.

12. Any processing of personal data pursuant to this Article shall be carried out in accordance with Regulation (EU) 2016/679 73 and Regulation (EU) 2018/1725 74 and only in so far as it is necessary for the screening of the participation in, or contribution to, the relevant project of common interestand for ensuring the effectiveness of the cooperation provided for in this Article. Personal data related to the implementation of this Article shall be kept only for the time necessary to achieve the purposes for which they were collected.

Article 48 - Maintenance and project life cycle

Member States shall ensure that:

(a)the infrastructure of the trans-European transport network is maintained in a way that it provides the same level of service and safety during its lifetime;

(b)long term maintenance plans including information on financing resources required to cover long-term maintenance costs of the existing and planned infrastructure are set up;

(c)maintenance needs and costs over the life-time of the infrastructure are taken into account in the planning phase of construction or upgrading;

(d)in the case of railway infrastructure, consistency is ensured between the maintenance and renewal needs related to the development of the trans-European network for transport and reflected in the indicative rail infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU, the business plan of the infrastructure managers concerned referred to in Article 8(3) of Directive 2012/34/EU and the contractual agreement between the competent authority and the infrastructure manager referred to in Article 30 of Directive 2012/34/EU.

Article 49 - Accessibility for all users

Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas.  


CHAPTER V

IMPLEMENTATION OF THE INSTRUMENTS OF EUROPEAN TRANSPORT CORRIDORS AND HORIZONTAL PRIORITIES

Article 50 - The instrument of European Transport Corridors and horizontal priorities 

1. European Transport Corridors are an instrument to facilitate the coordinated implementation of parts of the trans-European transport network and are intended, in particular, to improve cross-border links and to remove bottlenecks within the Union.

2. In order to lead to resource-efficient multimodal transport and to contribute to cohesion through improved territorial cooperation, the European Transport Corridors shall be focused on:

(a)modal integration with a particular view to strengthen the most environmentally friendly transport modes, notably rail, inland waterways and short-sea shipping;

(b)interoperability;

(c)a coordinated development of infrastructure, in particular in cross-border sections, notably in view of developing a fully interoperable rail freight system as well as a long-distance rail passenger network at high speed across the Union;

(d)supporting the coordinated and integrated development and deployment of innovative solutions for the digitalisation of transport.

3. European Transport Corridors shall enable Member States to achieve a coordinated and synchronised approach with regard to investment in infrastructure.

4. The European Rail Traffic Management System (ERTMS) and the European Maritime Space are the horizontal priorities for the implementation of the trans-European transport network. They shall ensure the timely deployment of ERTMS on the entire network and the integration of maritime links into the trans-European transport network.

Article 51 - Coordination of European Transport Corridors and horizontal priorities

1. In order to facilitate the coordinated implementation of the European Transport Corridors, of ERTMS and of the European Maritime Space, the Commission shall, in agreement with the Member States concerned, and after consulting the European Parliament and the Council, designate one European Coordinator for each Corridor and for each horizontal priority.

2. The European Coordinator shall be chosen, in particular, on the basis of his/her knowledge of matters relating to transport and/or to the financing and/or the socio-economic and environmental evaluation of major projects, as well as his/her experience with Union policy making. The European Coordinator shall be selected for a mandate of maximum of four years, renewable. The remit of the European Coordinator shall relate to the implementation of a single corridor or horizontal priority.

3. The Commission decision designating the European Coordinator shall specify how the tasks referred to in paragraphs 5, 6 and 7 are to be performed.

4. The European Coordinator shall act in the name and on behalf of the Commission, which shall provide the necessary secretarial assistance. 

5. The European Coordinators shall:

(a)support the coordinated implementation of the European Transport Corridor or horizontal priority concerned;  

(b)draw up a work plan together with the Member States concerned and monitor its implementation in accordance with Article 53;

(c)consult with the Corridor Forum or the consultative forum for the horizontal priorities respectively in relation to that work plan and its implementation and regularly inform the Forum on the implementation of the work plan;

(d)report to the Member States, to the Commission and, as appropriate, to all other entities directly involved in the development of the European Transport Corridor or horizontal priority on any difficulties encountered and, in particular when the development of a corridor or horizontal priority is being impeded, with a view to helping to find appropriate solutions;

(e)draw up an annual status report on the progress achieved in implementing the European Transport Corridors and horizontal priorities. This annual status report shall focus on the progress made on key priorities and investments, describe the nature of problems encountered in their implementation and propose solutions.

6. The European Coordinators of the European Transport Corridors shall:

(a)cooperate closely with the rail freight governance to identify and prioritise investment needs for rail freight on the rail freight lines of the European Transport Corridors;

(b)monitor administrative, operational and interoperability aspects of freight traffic on the rail freight lines of the European Transport Corridors, including monitoring the performance of rail freight services, in close cooperation with the rail freight governance. 

7. The European Coordinators of the European Transport Corridors shall:

(a)identify and prioritise investment needs for the rail passenger lines of the European Transport Corridors;

(b)monitor administrative, operational and interoperability aspects of passenger traffic on the rail passenger lines of the European Transport Corridors, including monitoring the performance of rail passenger services.

8. Pursuant Article 14(4) of Regulation (EU) No 2021/1153, the Commission shall request the opinion of the European Coordinator when examining applications for Union funding under the Connecting Europe Facility (CEF) for European Transport Corridors or horizontal priorities in the remit of the European Coordinator’s mandate, in order to ensure the consistency and advancement of each corridor or horizontal priority. The European Coordinator shall verify whether projects proposed by the Member States for CEF co-funding are consistent with the priorities of the work plan.  

9. If the European Coordinator is unable to carry out his or her mandate satisfactorily and in accordance with the requirements laid down in this Article, the Commission may at any time terminate that mandate and designate a new European Coordinator in accordance with the procedure set out in paragraph 1.

Article 52 - Governance of European Transport Corridors and horizontal priorities

1. For each European Transport Corridor and horizontal priority, the respective European Coordinator shall be assisted in the performance of his/her tasks concerning the work plan and its implementation by a secretariat and by a consultative forum, respectively the “Corridor Forum” and the “consultative Forum for the horizontal priorities”. 

2. The “Corridor Forum” shall be formally established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance. 

3. With the agreement of the Member States concerned, the European Coordinator may set up and chair corridor working groups which focus on:

(a)interoperability and deployment of new digital technologies and infrastructure;

(b)the coordinated development and implementation of infrastructure projects in cross-border sections;

(c)cross-border passenger rail services;

(d)operational bottlenecks; 

(e)urban nodes;

(f)cooperation with third countries;

(g)other ad-hoc working groups deemed necessary.

When relevant, the European Coordinator shall cooperate and coordinate with the rail freight governance on the activities of the working groups to avoid any duplication of work.

4. The consultative Forum for the horizontal priorities shall be established and chaired by the European Coordinator. The Member States concerned and where appropriate representatives of the relevant sectors shall be able to participate. Member States shall designate a national coordinator for ERTMS to attend the consultative Forum for ERTMS. The European Coordinator may also set up ad-hoc working groups.

5. The Member States concerned shall cooperate with the European Coordinator, participate in the Corridor Forum and the consultative forum for the horizontal priorities and give the European Coordinator the information required in order to perform the tasks laid down in this Article, including information on the development of corridors in the relevant national infrastructure plans. 

6. The European Coordinator may consult regional and local authorities, infrastructure managers, transport operators, in particular those which are members of the rail freight governance, the supply industry, transport users and representatives of civil society in relation to the work plan and its implementation. In addition, the European Coordinator responsible for ERTMS shall closely cooperate with the European Union Agency for Railways and Europe's Rail Joint Undertaking and the European Coordinator for the European Maritime Space with the European Maritime Safety Agency.

Article 53 - Work plan of the European Coordinator

1. Each European Coordinator of the European Transport Corridors and the two horizontal priorities shall draw up, at the latest two years after the entry into force of this Regulation and thereafter every four years, a work plan that provides a detailed analysis of the state of implementation of the corridor or horizontal priority under his/her competence and its compliance with the requirements of this Regulation as well as the priorities for its future development.

2. The work plan shall be prepared in close cooperation with the Member States concerned and in consultation of the Corridor Forum and rail freight governance, or consultative forum of the horizontal priorities. The work plan of the European Transport Corridors shall be approved by the Member States concerned. The Commission shall submit the work plan to the European Parliament and the Council for information.

When drafting the work plan, the European Coordinator shall take into account the implementation plan as referred to in Article 9 of Regulation (EU) 913/2010.

3. The work plan for the European Transport Corridor shall provide a detailed analysis of the state of implementation of the corridor concerned, which includes in particular:

(a)a description of the characteristics of the corridor;

(b)an analysis of the state of compliance of the corridor with the transport infrastructure requirements of this Regulation and its related progress achieved;

(c)an identification of the missing links and bottlenecks hampering the development of the corridor;

(d)an analysis of the investments required, including the different financing and funding sources committed and/or envisaged for the implementation of the projects needed for the development and completion of the corridor; 

(e)a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines of the corridor;

(f)a plan with intermediate targets for the removal of physical, technical, digital, operational and administrative barriers between and within transport modes and for the enhancement of efficient multimodal transport with particular attention to cross-border sections and national missing links.

For the analysis of the investments and the preparation of the plan with intermediate targets related to rail freight, the European Coordinator shall cooperate with the executive board and the management board of the corridor referred to in Article 11 of Regulation (EU) No 913/2010.

For the analysis of the investments and the preparation of the plan with intermediate targets related to multimodal freight terminals, the European Coordinator shall take into account the corridor relevant elements of the analysis, the action plans elaborated by the Member States pursuant to Article 35(4) and the list referred to in Article 19, point (b), of Regulation (EU) No 913/2010.

For the analysis of the investments and the preparation of the plan with intermediate targets related to passenger services, the European Coordinator shall take into account the results of the monitoring performed in accordance with article 51, paragraph 7, point (b).

(g)the results of the performance monitoring of rail freight traffic undertaken by the rail freight governance in accordance with Article 19 of Regulation (EU) No 913/2010 and the list of corridor objectives, targets and measures defined in accordance to Article 9(1) of Regulation (EU) No 913/2010, as means to reach the operational requirements of Article 18 of this Regulation; 

(h)an identification of measures in urban nodes which are relevant for the effective functioning of the corridor and achievement of the objectives of the trans-European transport network;

(i)an identification of priorities for the development of the corridor;

(j)an analysis of the possible impacts of climate change on the infrastructure and, where appropriate, proposed measures to enhance resilience to climate change;

(k)measures to be taken in order to mitigate greenhouse gas emissions, noise and, as appropriate, other negative environmental impacts.

4. The European Coordinator shall support Member States in implementing the work plan, in particular as regards:

(a)the priority setting in national planning, through the identification of implementation problems and bottlenecks, including operational issues, on each corridor or for each horizontal priority;

(b)the project and investment planning, the related costs and implementation timeline estimated to implement the European Transport Corridors or horizontal priority;

(c)the establishment of a single entity for the construction and management of cross-border infrastructure projects.

Article 54 - Implementing acts

1. Based on the first work plan of the European Coordinators, the Commission shall adopt an implementing act for each work plan of the European Transport Corridors and the two horizontal priorities. This implementing act shall set out the priorities for infrastructure and investment planning and for funding.

2. The Commission may adopt implementing acts for the implementation of specific sections of the European Transport Corridor, in particular for the implementation of complex cross-border sections or of specific transport infrastructure requirements of the European Transport Corridor or of the horizontal priorities.

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 59(3). The Commission shall amend the implementing acts in accordance with the same procedure every time the work plan is revised by the European Coordinator, or to take into account the progress made, delays encountered or updated national programmes.

4. Until full implementation of the measures provided for in the implementing act, the Member States concerned shall communicate to the Commission an annual report on the progress achieved, indicating in particular the financial commitments made in the national budget plan.


CHAPTER VI

COMMON PROVISIONS

Article 55 - Reporting and monitoring

1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include technical and financial data concerning projects of common interest on the trans-European transport network as well as data on the completion of the trans-European transport network.

2. The Commission shall ensure that TENtec is publicly and easily accessible, allowing for an automated data exchange with national systems and other relevant Union applications and data sources. TENtec shall contain project-specific and updated information on the forms and amounts of Union co-funding as well as on the progress of each project.

The Commission shall also ensure that TENtec does not make publicly available any information which is commercially confidential or which could prejudice or unduly influence any process of public procurement in a Member State.

3. Member States shall ensure the quality, completeness and consistency of the data in the TENtec information system. The national systems and data sources shall allow for an automated data exchange with TENtec.

Article 56 - Updating of the network

1. Subject to the second paragraph of Article 172 TFEU, the Commission shall be empowered to adopt delegated acts in accordance with Article 60 to amend Annexes I and II, notably to take account of possible changes resulting from the quantitative thresholds laid down in Articles 20, 24 and 32. When adapting those Annexes, the Commission shall:

(a)include inland ports, maritime ports and airports in the comprehensive network, if it is demonstrated that the latest three-year average of their traffic volume exceeds the relevant threshold;

(b)exclude 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 85% of the relevant threshold;

(c)include urban nodes in the trans-European transport network, if it is demonstrated that the number of inhabitants exceeds 100,000;

(d)include multimodal freight terminals identified by the Member State according to Article 35(4) in the trans-European transport network;

(e)adjust the maps for road, railway and inland waterway infrastructure in a strictly limited way 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 authorisation procedure.

The adaptations referred to in points (a) to (c) of the first subparagraph shall be based on the latest available statistics published by Eurostat or, if those statistics are not available, by the national statistics offices of the Member States. The adaptations referred to in point (d) of the first subparagraph shall be based on the action plan referred to in Article 35(4). The adaptations referred to in point (e) of the first subparagraph shall be based on the information provided by the Member States concerned in accordance with Article 55(1).

2. A project of common interest concerning infrastructure which is newly included through a delegated act adopted pursuant to paragraph 1 in the trans-European transport network shall be eligible for Union financial assistance under the instruments available for the trans-European transport network as from the date of entry into force of those delegated acts.

Projects of common interest concerning infrastructure which have been excluded from the trans-European transport network shall cease to be eligible as from the date of entry into force of the delegated acts adopted pursuant to paragraph 1 of this Article. The cessation of eligibility shall not affect financing or grant decisions taken by the Commission before that date.

3. Subject to Article 172(2) TFEU, the Commission shall be empowered to adopt delegated acts in accordance with Article 60 to amend Annex IV in order to include or adapt indicative maps of transport infrastructure networks of neighbouring countries.

Article 57 - Engagement with public and private stakeholders

National procedures regarding the involvement and consultation of regional and local authorities and civil society concerned by a project of common interest shall be complied with, where appropriate, in the planning and construction phase of a project. The Commission shall promote the exchange of good practice in this regard, notably as regards the consultation and inclusion of people in situations of vulnerability.

Article 58 - Alignment of national plans with Union transport policy

1. Member States shall ensure that national transport and investment plans are coherent with Union transport policy, with the priorities and deadlines set out in this Regulation and with the priorities set out in the work plans for the relevant corridors and horizontal priorities for the concerned Member States and with the implementing acts adopted in accordance with Article 54(1).

2. National investment plans shall include all projects of common interest and related investments needed for the timely completion of the network.

3. Member States shall notify to the Commission the draft national plans and programmes, or any modification of those, with a view to developing the trans-European transport network, at least twelve months before their adoption. The Commission may issue an opinion no later than six months following the notification by the Member State on the coherence of the draft national plans and programmes with the priorities set out in this Regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with Article 54(1). The Member States shall inform the Commission, no later than two months after notification of the opinion, on the measures adopted to address the recommendations set out in the opinion.

Article 59 - Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. For the purpose of Article 22(3) and (5) the Commission shall be assisted by the Committee established pursuant to Article 7 of Council Directive 91/672/EEC 75 .

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third paragraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 60 - Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 11(3), 56(1) and (3) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of powers referred to in Article 11(3), 56(1) and (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.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 11(3), 56(1) and (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 61 - Review

1. By 31 December 2033, the Commission, having consulted with Member States as appropriate and with the assistance of the European Coordinators, shall carry out an assessment of the implementation of the core network, evaluating in particular its compliance with the requirements of this Regulation.

The assessment shall take into account the annual status report and the work plans drawn up by the European Coordinators pursuant to Article 51(5), point (e) and Article 53(1) respectively.

2. By 31 December 2033, the Commission, having consulted with Member States as appropriate and with the assistance of the European Coordinators, shall carry out a review of the implementation of the extended core and the comprehensive network, evaluating:

(a)compliance with this Regulation;

(b)progress in the implementation of this Regulation;

(c)changes in passenger and freight transport flows;

(d)developments in national transport infrastructure investment;

(e)the need for amendments to this Regulation.

The evaluation shall also consider the impact of evolving traffic patterns and relevant developments in infrastructure investment plans.

3. When carrying out that review, the Commission shall evaluate whether the extended core and the comprehensive network as provided for in this Regulation is likely to comply with the provisions of Chapters II, III and IV by the deadlines of 31 December 2040 and 31 December 2050, as applicable, while taking into account the economic and budgetary situation in the Union and in individual Member States. The Commission shall also evaluate, in consultation with the Member States, whether the extended core network and the comprehensive network should be modified to take into account developments in transport flows and national investment planning.

Article 62 - Delay in completion of the core network, the extended core network and the comprehensive network

1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay. Such reasons shall be provided by the Member State or Member States within three months of the request. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay. 

2. In case the delayed section concerns a European Transport Corridor, the European Coordinator shall be involved in view of resolving the problem.

3. The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay.

In case the delayed section concerns a project supported with Union funds under direct management, a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules.

Article 63 - Exemptions

The provisions relating to railways, and in particular any requirement to connect airports and ports to railways as well as the provisions related to safe and secure parking and multimodal freight terminals shall not apply to Cyprus, Malta and outermost regions for as long as no railway system is established within their territory.

Article 64 - Amendments to Regulation (EU) 2021/1153

Annex to Regulation (EU) 2021/1153 is amended in accordance with Annex VI to this Regulation.

Article 65 - Amendments to Regulation (EU) No 913/2010

Regulation (EU) No 913/2010 is amended as follows:

(1) in Article 1, paragraph 1 is replaced by the following:

‘1. This Regulation lays down rules for the organisation and management of international rail corridors for competitive rail freight with a view to the development of a European rail network for competitive freight. It sets out rules for the organisation, management and the indicative investment planning of freight corridors.’

(2) in Article 2, paragraph 2 is replaced by the following:

‘2.  In addition to the definitions referred to in paragraph 1:

(a)‘freight corridor’ means the freight railway lines of the European Transport Corridor as defined in Article 11(1) of Regulation [... new TEN-T Regulation]* and of Annex III to that Regulation, including the railway infrastructure and its equipment and relevant rail services in accordance with Article 5 of Directive 2001/14/EC;

(b)‘implementation plan’ means the document presenting the means, the strategy and the measures that the parties concerned intend to implement which are necessary and sufficient to organise and manage the freight corridor;

(c)‘terminal’ means the installation provided along the freight corridor which has been specially arranged to allow either the loading and/or the unloading of goods onto/from freight trains, and the integration of rail freight services with road, maritime, river and air services, and either the forming or modification of the composition of freight trains; and, where necessary, performing border procedures at borders with European third countries;

(d)‘European Coordinator’ means the Coordinator referred to in Article 51 of Regulation [... new TEN-T Regulation].

* Regulation […]’    

(3) the Title of Chapter II is replaced by the following:

‘ORGANISATION AND MANAGEMENT OF THE FREIGHT CORRIDORS’

(4) Article 3 is replaced by the following:

‘Article 3

Organisation and management of freight corridors

1. Organisation and management of freight corridors is subject to rules on governance, investment planning, allocation of railway infrastructure capacity and traffic management, in accordance with this Regulation.

2. From the date of entry into force of Regulation [... new TEN-T Regulation] or in the event of an amendment of the alignment of a European Transport Corridor pursuant to Article 11(3) of that Regulation, Member States and infrastructure managers responsible for the freight corridor part of that European Transport Corridor shall adjust the organisation and management of the freight corridor within 12 months of the date of the change.’

(5) Articles 4 to 7 are deleted.

(6) Article 8 is amended as follows:

(a)in paragraph 1, the following sentence is added:

‘The executive board shall regularly assess the consistency between the general objectives and the objectives defined by the management board in accordance with Article 9(1), point (c).’

(b)paragraph 7 is replaced by the following:

‘7.  The management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor including, where necessary, sea and inland waterway ports. This advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals. It may also issue own-initiative opinions. The management board shall take any of these opinions into account. In the event of disagreement between the management board and the advisory group, the latter may refer the matter to the executive board and to the European Coordinator concerned by the freight corridor. The executive board and the European Coordinator concerned by the freight corridor shall act as an intermediary and provide its opinion in due time. The final decision however shall be taken by the management board.’

(c)in paragraph 8, the following sentence is added:

‘In the event of disagreement between the management board and the advisory group, the latter may refer the matter to the executive board and to the European Coordinator concerned by the freight corridor. The executive board or the European Coordinator concerned by the freight corridor shall act as an intermediary and provide its opinion in due time. The final decision shall be taken by the management board.’

(d)the following paragraph 10 is added:

‘10.  The executive board and the management board shall cooperate with the European Coordinator concerned by the freight corridor to support the development of rail freight traffic along the corridor.’

(7) Article 9 is replaced by the following:

‘Article 9

Measures for developing the freight corridor

1. The management board shall draw up and publish an implementation plan at the latest six months before making the freight corridor operational. The management board shall consult the advisory groups referred to in Article 8(7) and 8(8) on the draft implementation plan. The management board shall submit the implementation plan for approval to the executive board.

This plan shall include:

(a)a description of the characteristics of the freight corridor, including bottlenecks, and the programme of measures necessary to improve its organisation and management;

(b)the essential elements of the study referred to in paragraph 3;

(c)the objectives for the freight corridors, in particular in terms of performance of the freight corridor expressed as the quality of the service and the capacity of the freight corridor in accordance with the provisions of Article 19 of this Regulation, and, where relevant, quantitative or qualitative targets relating to these objectives. The objectives and the targets shall take into account the requirements set out in Article 18 of Regulation [... new TEN-T Regulation];

(d)the measures to implement the provisions of Articles 12 to 19 and the measures to improve the performance of the freight corridor, based on the results of the assessment referred to in Article 19(3), with a view to achieve the objectives and targets referred to in point (c).

(e)the views and assessment of the advisory groups referred to in Article 8(7) and 8(8) with respect to corridor development.

(f)a summary of the cooperation and the results of the consultation referred to in Article 11, including the opinions of the advisory groups referred to in Articles 8(7) and 8(8) and a summary of the responses of other stakeholders.

When drawing up the implementation plan, the management board shall take into account the objectives and measures contained in the work plan of the European Coordinator, referred to in Article 53 of Regulation [... new TEN-T Regulation]. The implementation plan shall include a reference to the elements of the work plan which are relevant for rail freight traffic along the corridor.

The management board shall regularly review and adjust the targets referred to in point (c) and the measures referred to in point (d), based on the assessment referred to in Article 19(3) following the consultation of the advisory groups referred to in Article 8(7) and 8(8) and the European Coordinator.

2. The management board shall periodically, at least every four years, review the implementation plan taking into account progress made in its implementation, the rail freight market on the freight corridor and performance measured in accordance with the objectives referred to in point (c) of paragraph 1.

3. The management board shall carry out and periodically update a transport market study relating to the observed and expected changes in the traffic on the freight corridor, covering the different types of traffic, both regarding the transport of freight and the transport of passengers. This study shall also review, where necessary, the socio-economic costs and benefits stemming from the development of the freight corridor.

4. The implementation plan shall take into account the development of terminals, including the market and prospective analysis on multimodal freight terminals as well as the action plans of the Member States of the freight corridor, referred to in Article 35(3) and (4) of Regulation [... new TEN-T Regulation].

5. The management board shall, as appropriate, take measures to cooperate with regional and/or local administrations in respect of the implementation plan.’

(8) Article 11 is replaced by the following:

‘Article 11

Investment planning

1. The executive board and the management board of a freight corridor shall cooperate with the European Coordinator concerned by the freight corridor in relation to the infrastructure and investments needs resulting from the rail freight traffic to support the drawing up of the work plan referred to in Article 53 of Regulation (EU) [... new TEN-T Regulation].

2. The management board shall consult the advisory groups referred to in Articles 8(7) and 8(8) on infrastructure development and investment needs. The consultation shall be based on an adequate, up-to-date documentation of the infrastructure planning at corridor and national level. The executive board shall ensure adequate coordination between these consultation activities and the coordination mechanisms at national level as defined in Article 7e of Directive 2012/34/EU.

3. The cooperation and the consultation shall address in particular:

(a)capacity needs of rail freight transport relevant for infrastructure and investment planning taking into account the need for capacity pursuant to Article 14(2) and any infrastructure declared congested pursuant to Article 47 of Directive 2012/34/EU;

(b)TEN-T infrastructure requirements relevant for rail freight transport as defined in Chapters II and III of Regulation (EU) [... new TEN-T Regulation], in particular as regards the capacity needs for freight trains with a length of no less than 740 m;

(c)need for targeted investments to remove local bottlenecks, such as connecting loops, improvements to nodes and last-mile infrastructure or technical equipment enhancing operational performance.’

(9) Article 19 is replaced by the following:

‘Article 19

Quality of service on the freight corridor

1. The management board of the freight corridor shall promote compatibility between the performance schemes along the freight corridor, as referred to in Article 35 of Directive 2012/34/EU.

2. The management board shall monitor the performance of services provided by the infrastructure managers to applicants in fulfilment of their essential functions, as far as in the scope of Articles 12 to 18, and of rail freight services on the freight corridor. Performance monitoring shall be carried out in qualitative and quantitative terms, where appropriate based on performance indicators relating to the objectives and targets of the freight corridor defined in accordance with point (c) of Article 9(1). The management board shall consult the advisory groups referred to in Article 8(7) and 8(8) and the European Coordinator on relevant performance indicators.

3. The management board shall assess the results of the performance monitoring with respect to the objectives and targets defined in accordance with point (c) of Article 9(1) and to the operational requirements referred to in Article 18 of Regulation  [... new TEN-T Regulation]..

4. The management board shall prepare and publish an annual report presenting the results of the activities carried out pursuant to this Article. It shall present the views and assessment of performance by the advisory groups referred to in Article 8(7) and 8(8) in a dedicated section of the report. The management board shall submit the annual report for approval to the executive board.’

(10) Articles 22 and 23 are replaced by the following:

‘Article 22

Monitoring implementation

Every four years from the time of the establishment of a freight corridor, the executive board referred to in Article 8(1) shall present to the Commission the results of the implementation plan for that corridor. The Commission shall analyse those results and notify the Committee referred to in Article 21 of its analysis.’

Article 23 - Report

The Commission shall periodically examine the application of this Regulation. It shall submit a report to the European Parliament and the Council, at the latest two years after entry into force of this Regulation and every four years thereafter.’

(11) the Annex to this Regulation is deleted.

Article 66 - Repeal

Regulation (EU) No 1315/2013 is repealed with effect from [date of entry into force of this Regulation].

References to the repealed Regulation (EU) No 1315/2013 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VII.

Article 67 - 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.