Explanatory Memorandum to COM(2011)650 - Union guidelines for the development of the Trans-European Transport Network

Please note

This page contains a limited version of this dossier in the EU Monitor.

1. CONTEXT OF THE PROPOSAL

4.

1.1. Background and objectives


Since the mid 80ies the Trans-European transport network (TEN-T) policy has been setting the policy framework for the development of infrastructure for the smooth functioning of the internal market and for ensuring economic, social and territorial cohesion and improved accessibility across the EU. This led in 1992 to the inclusion of a specific legal basis for trans-European networks in the Maastricht Treaty and in 1994, at the European Council in Essen, to the adoption of a list of 14 major projects.

In 1996 the European Parliament and the Council adopted the first Guidelines defining the TEN-T policy and infrastructure planning[1]. There was a major revision of the Guidelines in 2004, taking into account EU enlargement and the expected changes in traffic flows[2]. Furthermore, the list of 14 priority projects was extended.

Several financial and non-financial instruments have been set up to facilitate the implementation of projects. These instruments include the TEN Financial Regulation[3], the Cohesion Fund, the European Regional Development Fund (ERDF) and loans from the European Investment Bank, along with coordination initiatives by the Commission.

In 2010, in the interest of clarity, the European Parliament and the Council adopted Decision No 661/2010/EU, a recast of the TEN-T Guidelines i.

To date, transport infrastructure as such is well-developed within the European Union. However, it is still fragmented, both geographically and between and within transport modes. The main objective of these new Guidelines, which will replace Decision 661/2010, is to establish a complete and integrated trans-European transport network, covering all Member States and regions and providing the basis for the balanced development of all transport modes in order to facilitate their respective advantages, thereby maximising the value added for Europe of the network.

In the light of the challenges for the TEN-T policy, also identified by the White Paper 'Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system[5] ("the White Paper"), these Guidelines will define a long-term strategy for the TEN-T policy up to 2030/2050.

5.

1.2. Issues addressed


Five main problems need to be tackled at EU level:

First, missing links, in particular at cross-border sections, are a major obstacle to the free movement of goods and passengers within and between the Member States and with its neighbours.

Second, there is a considerable and enduring disparity in quality and availibility of infrastructure between and within the Member States (bottlenecks). In particular the east-west connections require improvement, through the creation of new transport infrastructure and/or maintenance, rehabilitation or upgrading of existing infrastructure.

Third, transport infrastructure between the transport modes is fragmented. As regards making multi-modal connections, many of Europe's freight terminals, passenger stations, inland ports, maritime ports, airports and urban nodes are not up to the task. Since these nodes lack multi-modal capacity, the potential of multi-modal transport and its ability to remove infrastructure bottlenecks and to bridge missing links is insufficiently exploited.

Fourth, investments in transport infrastructures should contribute to achieve the goals of reduction of greenhouse gas emissions in transport by 60% by 2050.

Finally, Member States still maintain different operational rules and requirements, in particular in the field of interoperability, which add to the transport infrastructure barriers and bottlenecks.

6.

1.3. Fields of action


This proposal aims to establish and develop a complete TEN-T, consisting of infrastructure for railways, inland waterways, roads, maritime and air transport, thereby ensuring the smooth functioning of the internal market and strengthening economic and social cohesion.

To achieve these objectives, the first field of action is 'conceptual planning'. Based on input from a public consultation of stakeholders, the Commission concluded that the TEN-T could be best developed through a dual-layer approach, consisting of a comprehensive network and a core network.

The comprehensive network constitutes the basic layer of the TEN-T. It consists of all existing and planned infrastructure meeting the requirements of the Guidelines. The comprehensive network is to be in place by 31 December 2050 at the latest.

The core network overlays the comprehensive network and consists of its strategically most important parts. It constitutes the backbone of the multi-modal mobility network. It concentrates on those components of TEN-T with the highest European added value: cross border missing links, key bottlenecks and multi-modal nodes. The core network is to be in place by 31 December 2030 at the latest.

The second field of action concerns the implementation instruments. The Commission has developed the concept of core network corridors, taking due account of the rail freight corridors[6]. These corridors will provide the framework instrument for the coordinated implementation of the core network. In terms of scope, the core network corridors will in principle cover three transport modes and cross at least three Member States. If possible, they should establish a connection with a maritime port. In terms of activities, the core network corridors will provide a platform for capacity management, investments, building and coordinating multi-modal transhipment facilities, and deploying interoperable traffic management systems.

7.

1.4. Consistency with other EU policies and objectives


The proposal fits within the policy announced by the Commission in the White Paper. It is explicitly mentioned as part of Initiative 34 concerning the core network of strategic European infrastructure[7].

In particular, these Guidelines follow the strategy set out in the White Paper: to remove major barriers and bottlenecks in key areas of transport infrastructure. The aim is to create a Single European Transport Area with better transport services and a fully integrated transport network. This will link the different modes and bring about a profound shift in transport patterns for passengers and freight. This shift is necessary to meet the aim of cutting greenhouse gas emissions from transport by 60% by 2050.

Without the support of an adequate network and a smarter approach to using it, no major change in transport will be possible. Infrastructure planning and development are considered essential in order to develop a sustainable transport system.

The proposal will also contribute to the policy goals outlined in the Commission's communication 'A Digital Agenda for Europe'[8] by supporting the implementation of intelligent transport systems. It also is one of the measures of the Single Market Act proposed by the Commission in April 2011[9] as the networks are the backbone of the internal market and play a key role in encouraging the fluid and efficient circulation of goods and services.

Furthermore, promoting sustainable transport has been identified as one of the means for achieving one of the three key priorities of the Europe 2020 strategy for smart, sustainable and inclusive growth adopted by the Commission on 3 March 2010[10], namely sustainable growth, by addressing critical bottlenecks, in particular cross border sections and intermodal nodes (cities, ports, logistic platforms).

Moreover, the proposal contributes to the strengthening of territorial cohesion of EU territory - which is one of EU objectives - together with economic and social cohesion.

1.

RESULTS OF CONSULTATIONS


8.

WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS


9.

2.1. Consultation of interested parties


The Commission carried out a wide and intensive public stakeholder consultation from February 2009 to June 2010.

The Commission launched the consultation process with the adoption of a Green Paper. It opened the debate on key challenges and objectives for TEN-T policy and possible ways to meet them[11].

Building on the contributions from stakeholders, the Commission set up six Expert Groups, which between November 2009 and April 2010 analysed a number of key aspects of future TEN-T development[12]. The Expert Groups' recommendations were included in a Commission Working Document presented for public consultation on 4 May 2010[13].

These public consultations attracted more than 530 contributions in total. A large majority of contributors supported the option of a new dual-layer approach to TEN-T planning, with a comprehensive network as the basic layer and a core network consisting of the strategically most important parts of the TEN-T.

In October 2009 and in June 2010 ministerial and stakeholder conferences were held in Naples and Zaragoza respectively.

In February 2011, the Commission presented to the Council and European Parliament a Staff Working Document[14] that further developed the methodology and the planning and implementation scenarios.

10.

2.2. Collection and use of expertise


In addition to the public stakeholders consultation, the Commission has been in continuous contact with Member States through the committee for monitoring the Guidelines and exchanging information, set up by Decision No 1692/96/EC. Through this committee, which has been meeting on a monthly basis since 2010, the Member States were informed about the progress and content of the revision process.

Furthermore, the Commission services organised several rounds of bi-lateral and multi-lateral meetings with Member States, to discuss in detail the development of the comprehensive network and to present the main features of the core network.

Contacts with individual interested parties have been established through separate meetings, at conferences and through the EU Coordinators at meetings of their respective Priority Projects.

11.

2.3. Impact Assessment


The Impact Assessment identifies four specific objectives for adressing the problem of a fragmented network.

To enhance coordination in EU planning, the first specific objective is to :

– Define a coherent and transparent approach to maximise the EU added value of the TEN-T, addressing aspects of network fragmentation linked to missing links, multimodality, and adequate connections to neighbouring and third countries, as well as to ensure adequate geographical coverage.

With a view to designing a sound governance structure to secure implementation of an optimal network configuration, the other three specific objectives are to:

– Foster the implementation of European standards for management systems and push for the development of harmonised operational rules for TEN-T projects of common interest. This objective does not aim to impose new specific standards and rules, but rather to ensure the effective adoption and implementation of common European standards already developed.

– Enhance Member States cooperation in order to coordinate investments, timing, the choice of routes, and environmental and cost-benefit assessments for projects of common interest.

– Ensure that the optimal network configuration is a key element in the allocation of EU funding allowing for a focus on cross-border sections, missing links and bottlenecks.

Two policy options were the result:

– Option 1, combining a planning approach largely based on the current policy, though with certain amendments in the light of the experience gained, with a reinforced coordination approach to implementation;

– Option 2, combining a stronger approach to planning coordination, through identification of an optimised configuration for the strategic 'core' of the TEN-T, with the same reinforced coordination approach to implementation.

Each option would bring significant improvements when compared to the baseline policy approach, both in terms of effectiveness in implementation and in terms of economic, social and environmental impacts. Option 2, due to the stronger coordination at both planning and implementation levels, would have an overall higher positive impact.

12.

2.4. Methodology for the design of the core network


The core network design as included in this proposal is the outcome of a commonly agreed methodology. It has been designed in accordance with the following two-step methodology.[15]

The first step was the identification of main nodes:

– Urban main nodes, comprising all Member States' capitals, all 'MEGA' cities according to ESPON and all other large urban areas or conurbations, including their entire relevant multimodal infrastructure as far as part of the comprehensive network; in total 82 urban nodes have been identified and are listed in annex to the Guidelines; the ports and airports directly belonging to the urban node are part of the core network;

– Outside these urban main nodes, ports which exceed a certain volume threshold or fulfil certain geographical criteria; in total, 82 ports are listed in annex to the Guidelines;

– The most relevant border crossing points: one per mode between each Member State and each neighbouring country; in total 46 border crossing points are listed in annex to the Guidelines.

The second step consisted in connecting these main nodes by multimodal links (road, rail, inland waterway), according to availability or feasibility, taking into account effectiveness and efficiency and preferably using existing infrastructure.

2.

LEGAL ELEMENTS OF THE PROPOSAL



13.

3.1. Summary of the measures proposed


The proposed Regulation will repeal and replace Decision 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network.

The proposal contains the following main elements:

– TEN-T will be developed gradually through the implementation of a dual layer approach, comprising a comprehensive network and a core network.

– The comprehensive network is to be in place by 31 December 2050 at the latest, whereas the core network is to be implemented as a priority by 31 December 2030.

– The Guidelines set the framework for identifying projects of common interest. These projects contribute to the development and establishment of TEN-T through the creation, maintenance, rehabilitation and upgrading of infrastructure, through measures to promote the resource-efficient use of infrastructure and by enabling sustainable and efficient freight transport services.

– With a view to cooperation with third and neighbouring countries[16] the European Union may promote projects of mutual interest.

– The comprehensive network is specified by:

– maps;

– infrastructure components;

– infrastructure requirements;

– priorities for promoting projects of common interest.

– Freight terminals, passenger stations, inland ports, maritime ports and airports will connect transport modes in order to allow multi-modal transport;

– Urban nodes form key elements in the comprehensive network as connecting points between the different transport infrastructures;

– The guidelines lay down specific requirements for the core network, in addition to the requirements for the comprehensive network, for example availability of alternative fuels. The Commission will monitor and evaluate the progress made in implementing the core network.

– Core network corridors are an instrument for implementing the core network. They are to be based on modal integration and interoperability and lead to coordinated development and management.

– European Coordinators will facilitate the coordinated implementation of the corridors, in cooperation with corridor platforms to be established by Member States concerned.

– Each corridor platform will establish a multi-annual development plan, including investment and implementation plans, as a management structure. Based on this information the Commission will adopt implementing acts (decisions) for each corridor.

– The proposal calls for regular revision of the annexes by means of delegated acts in order to update the maps of the comprehensive network. It also envisages a review of the core network by 2023.

14.

3.2. Legal basis


The legal basis for this proposal is Article 172 TFEU.

15.

3.3. Subsidiarity principle


The coordinated development of a trans-European transport network to support transport flows within the single European market and economic, social and territorial cohesion within Europe requires action to be taken at European Union level, as such action could not be taken individually by Member States. This is particularly the case for cross-border sections.

16.

3.4. Proportionality principle


The proposal complies with the proportionality principle, and falls within the scope for action in the field of the trans-European transport network, as defined in Article 170 of the Treaty on the Functioning of the European Union.

The action envisaged by this proposal is specifically limited to the European dimension of transport infrastructure networks.

17.

3.5. Choice of instrument


The current TEN-T Guidelines were proposed and adopted as a Decision of the European Parliament and of the Council. This Decision is specifically addressed to the Member States, rendering the Guidelines binding in their entirety for all the Member States.

While the Member States have traditionally been the main actors involved in transport infrastructure development and management, developments suggest that this situation has been progressively changing. Regional and local authorities, infrastructure managers, transport operators and other public and private entities have also become key actors in the development of infrastructure.

With more actors besides the Member States becoming involved in the planning, development and operation of TEN-T, it is important to ensure that the Guidelines are binding for all. The Commission has therefore chosen a Regulation as the legal instrument for this proposal.

Moreover, it should be noted that the proposal is intended to cover the period up to 2050. It is therefore difficult to anticipate all categories of actors that could become involved in TEN-T implementation projects in that period.

18.

3.6. European Economic Area


The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.

3.

BUDGETARY IMPLICATIONS



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

19.

5. CONNECTING EUROPE FACILITY


In the context of the Communication on the Multi-annual Financial Framework 2014-2020[17], the Commission has announced the creation of a new instrument at EU level, the Connecting Europe Facility", which will finance EU priority infrastructure in transport, energy and digital broadband. The facility will support infrastructures with a European and Single Market dimension, targeting EU support on priority networks that must be implemented by 2020 and where European action is most warranted. The facility will have a single fund of € 50 billion for the period 2014-2020, of which € 31.7 billion will be allocated to transport, out of which €10 billion ring fenced for related transport infrastructures investments inside the Member States eligible under the Cohesion Fund. The Communciation also suggests that infrastructure projects of EU interest that pass through neighbourhood and pre-accession countries should in the future be coordinated and reinforced through the new Connecting Europe Facility.[18]

Together with the Connecting Europe Facility, the present guidelines will establish the priorities for European funding of transport infrastructure.

20.

6. SIMPLIFICATION


The proposal contributes to the simplification of existing rules. Through the new corridor approach and the establishment of corridor platforms, the project preparation can be streamlined.