Considerations on COM(2011)650 - Union guidelines for the development of the Trans-European Transport Network

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table>(1)Decision No 1692/96/EC of the European Parliament and of the Council (3) was recast in the interest of clarity by Decision No 661/2010/EU of the European Parliament and of the Council (4).
(2)The planning, development and operation of trans-European transport networks contribute to the attainment of major Union objectives, as set out in, inter alia, the Europe 2020 Strategy and the Commission White Paper entitled "Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system" ("the White Paper"), such as the smooth functioning of the internal market and the strengthening of economic, social and territorial cohesion. Their specific objectives also include allowing the seamless, safe and sustainable mobility of persons and goods, ensuring accessibility and connectivity for all regions of the Union, and contributing to further economic growth and competitiveness in a global perspective. Those specific objectives should be achieved by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way. For example, rail interoperability could be enhanced by innovative solutions aimed at improving compatibility between systems, such as on-board equipment and multi-gauge rail tracks.

(3)Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the capacity of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries.

(4)As stated in the White Paper, the efficiency and effectiveness of transport can be significantly enhanced by ensuring a better modal integration across the network, in terms of infrastructure, information flows and procedures.

(5)The White Paper calls for the deployment of transport-related information and communication technology to ensure improved and integrated traffic management and to simplify administrative procedures through improved freight logistics, cargo tracking and tracing, and optimised schedules and traffic flows. As such measures promote the efficient management and use of transport infrastructure, they should fall within the scope of this Regulation.

(6)The trans-European transport network policy has to take into account the evolution of transport policy and infrastructure ownership. Member States are still the principal entity in charge of creating and maintaining transport infrastructure. However, other entities, including private-sector partners, have also become relevant for the implementation of a multimodal trans-European transport network and the related investments, including regional and local authorities, infrastructure managers, concessionaires or port and airport authorities.

(7)The trans-European transport network consists to a large extent of existing infrastructure. In order fully to achieve the objectives of the new trans-European transport network policy, uniform requirements regarding the infrastructure should be established in a Regulation to be complied with by the infrastructure of the trans-European transport network.

(8)The trans-European transport network should be developed through the creation of new transport infrastructure, through the rehabilitation and upgrading of existing infrastructure and through measures promoting its resource-efficient use. In specific cases, due to the absence of regular maintenance in the past, rehabilitation of rail infrastructure is necessary. Rehabilitation is a process resulting in the achievement of the original construction parameters of existing railway infrastructure facilities combined with the long-term improvement of its quality compared to its current state, in line with the application of the requirements and provisions of this Regulation.

(9)In the implementation of projects of common interest, due consideration should be given to the particular circumstances of the individual project concerned. Where possible, synergies with other policies should be exploited, for instance with tourism aspects by including, within civil engineering structures such as bridges or tunnels, bicycle infrastructure for long-distance cycling paths like the EuroVelo routes.

(10)The trans-European transport network should best be developed through a dual-layer structure consisting of a comprehensive network and a core network based on a common and transparent methodology, those two layers being the highest level of infrastructure planning within the Union.

(11)The comprehensive network should be a Europe-wide transport network ensuring the accessibility and connectivity of all regions in the Union, including the remote, insular and outermost regions, as also pursued by the Integrated Maritime Policy established by Regulation (EU) No 1255/2011 of the European Parliament and of the Council (5), and strengthening social and economic cohesion between them. The guidelines laid down by this Regulation ("the guidelines") should set the requirements for the infrastructure of the comprehensive network, in order to promote the development of a high-quality network throughout the Union by 2050.

(12)The White Paper also acknowledges that there remain substantial divergences, in terms of transport infrastructure, between Eastern and Western parts of the Union. Those divergences need to be tackled in order to achieve a fully integrated European transport infrastructure network.

(13)The core network should be identified and appropriate measures should be taken for its development by 2030 as a priority within the framework provided by the comprehensive network. The core network should constitute the backbone of the development of a sustainable multimodal transport network and should stimulate the development of the entire comprehensive network. It should enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multimodal connecting points and major bottlenecks serving the objective, set out in the White Paper, of reducing greenhouse gas emissions from transport by 60 % below 1990 levels by 2050.

(14)Exemptions from the infrastructure requirements applicable to the core network should be possible in duly justified cases. This should include cases where investment cannot be justified, for example in sparsely populated areas.

(15)The particular situation of isolated or partially isolated rail networks should be recognised by way of exemptions from certain infrastructure requirements.

(16)When carrying out the review of the implementation of the core network by 2023, the Commission should take into account national implementation plans and future enlargements.

(17)The trans-European transport network covers only part of the existing transport networks. In the framework of the review of the implementation of the core network by 2023, the Commission should evaluate, in cooperation with the Member States concerned, whether other parts, such as certain class III inland waterways, should be integrated into the network. In the context of that review, the Commission should also assess the state of progress of the projects and should be able, where necessary, to reconsider the deadlines, taking account of any developments that may affect the likelihood of those deadlines being met.

(18)When carrying out the review of the implementation of the core network by 2023, the Commission, after consulting the Member States, should evaluate whether to include other parts in the network, especially the priority projects included in Decision No 661/2010/EU.

(19)In order to establish the core network in a coordinated and timely manner, thereby making it possible to maximise the network benefits, Member States concerned should ensure that appropriate measures are taken to finalise the projects of common interest by 2030. With respect to the comprehensive network, Member States should make all possible efforts with the aim of completing it and complying with the relevant provisions of the guidelines by 2050.

(20)It is necessary to identify projects of common interest which will contribute to the achievement of the trans-European transport network and which contribute to the achievement of the objectives and correspond to the priorities established in the guidelines. Their implementation should depend on their degree of maturity, on their compliance with Union and national legal procedures and on the availability of financial resources, without prejudging the financial commitment of a Member State or of the Union.

(21)Projects of common interest should demonstrate a European added value. Cross-border projects typically have a high European added value, but may have lower direct economic effects compared to purely national projects. Such cross-border projects should be the subject of priority intervention by the Union in order to ensure that they are implemented.

(22)Projects of common interest for which Union funding is sought should be the subject of a socio-economic cost-benefit analysis based on a recognised methodology, taking into account the relevant social, economic, climate-related and environmental benefits and costs. The analysis of climate-related and environmental costs and benefits should be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council (6).

(23)In order to contribute to the climate reduction targets of the Transport White Paper of a 60 % cut in greenhouse gas emissions below 1990 levels by 2050, the greenhouse gas impacts of projects of common interest in the form of new, extended or upgraded transport infrastructures should be assessed.

(24)Some parts of the network are managed by actors other than Member States. However, Member States are responsible for ensuring that the rules governing the network are correctly applied within their territory. As the development and implementation of the trans-European transport network requires a common application of this Regulation, all parts of the network should be subject to the rights and obligations provided for by this Regulation, as well as to those laid down in other relevant Union and national law.

(25)Cooperation with neighbouring and third countries is necessary in order to ensure connection and interoperability between the respective infrastructure networks. Therefore, the Union should where appropriate promote projects of common interest with those countries.

(26)In order to achieve modal integration across the network, adequate planning of the trans-European transport network is required. This also entails the implementation of specific requirements throughout the network in terms of infrastructure, telematic applications, equipment and services. It is therefore necessary to ensure adequate and concerted deployment of such requirements across Europe for each transport mode and for their interconnection across the trans-European transport network and beyond, in order to obtain the benefits of the network effect and to make efficient long-range trans-European transport operations possible.

(27)In order to determine existing and planned transport infrastructures for the comprehensive and the core network, maps should be provided and adapted over time to take into account the evolution of traffic flows. The technical basis of those maps is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec), which contains a higher level of detail concerning the trans-European transport infrastructure.

(28)The guidelines should set priorities in order to enable the trans-European transport network to be developed within the specified timescale.

(29)Telematic applications are necessary in order to provide the basis for optimising traffic and transport operations and traffic safety and improving related services. Information to passengers, including information on ticketing and reservation systems, should be provided in line with Commission Regulation (EU) No 454/2011 (7).

(30)The guidelines should provide for the development of the comprehensive network in urban nodes, in accordance with Union aims regarding sustainable urban mobility, as those nodes are the starting point or the final destination ("last mile") for passengers and freight moving on the trans-European transport network and are points of transfer within or between different transport modes.

(31)Thanks to its large scale, the trans-European transport network should provide the basis for the large-scale deployment of new technologies and innovation, which, for example, can help to enhance the overall efficiency of the European transport sector and reduce its carbon footprint. This will contribute towards the objectives of the Europe 2020 Strategy and the White Paper's target of a 60 % cut in greenhouse gas emissions by 2050 (based on 1990 levels) and at the same time contribute to the objective of increasing fuel security for the Union. In order to achieve those objectives, the availability of alternative clean fuels should be improved throughout the trans-European transport network. The availability of alternative clean fuels should be based on demand for those fuels and there should not be any requirement to provide access to each alternative clean fuel at each fuel station.

(32)The trans-European transport network must ensure efficient multi-modality in order to allow better and more sustainable modal choices to be made for passengers and freight and in order to enable large volumes to be consolidated for transfers over long distances. This will make multimodality economically more attractive for passengers, users and freight forwarders.

(33)In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans-European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural and man-made disasters on infrastructure and accessibility for all transport users.

(34)During infrastructure planning, Member States and other project promoters should give due consideration to the risk assessments and adaptation measures adequately improving resilience to climate change and environmental disasters.

(35)Member States and other project promoters should carry out environmental assessments of plans and projects as provided for in Council Directive 92/43/EEC (8), Directive 2000/60/EC of the European Parliament and of the Council (9), Directive 2001/42/EC of the European Parliament and of the Council (10), Directive 2009/147/EC of the European Parliament and of the Council (11) and Directive 2011/92/EU in order to avoid or, where avoidance is not possible, to mitigate or compensate for negative impacts on the environment, such as landscape fragmentation, soil sealing and air and water pollution as well as noise, and to protect biodiversity effectively.

(36)The protection of the environment and of biodiversity, as well as the strategic requirements of inland waterway transport, should be taken into account.

(37)Member States and other project promoters should ensure that assessments of projects of common interest are carried out efficiently, avoiding unnecessary delays.

(38)Transport infrastructure should promote seamless mobility and accessibility for all users, in particular elderly people, persons of reduced mobility and disabled passengers.

(39)Member States should carry out ex-ante assessments of the accessibility of infrastructure and of the services connected to it.

(40)The core network should be a subset of the comprehensive network overlaying it. It should represent the strategically most important nodes and links of the trans-European transport network, according to traffic needs. It should be multimodal, that is to say, it should include all transport modes and their connections as well as relevant traffic and information management systems.

(41)The core network has been identified on the basis of an objective planning methodology. That methodology has identified the most important urban nodes, ports and airports, as well as border crossing points. Wherever possible, those nodes are connected with multimodal links as long as they are economically viable, environmentally sustainable and feasible until 2030. The methodology has ensured the interconnection of all Member States and the integration of the main islands into the core network.

(42)In order to implement the core network within the given timescale, a corridor approach could be used as an instrument to coordinate different projects on a transnational basis and to synchronise the development of the corridor, thereby maximising network benefits. That instrument should not be understood as a basis for the prioritisation of certain projects on the core network. Core network corridors should help to develop the infrastructure of the core network in such a way as to address bottlenecks, enhance cross-border connections and improve efficiency and sustainability. They should contribute to cohesion through improved territorial cooperation.

(43)Core network corridors should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations. This should allow specially developed corridors which are optimised in terms of emissions, thus minimising environmental impacts and increasing competitiveness, and which are also attractive on account of their reliability, limited congestion and low operating and administrative costs. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs.

(44)In agreement with the Member State concerned, the European Coordinators provided for in this Regulation should facilitate measures to design the right governance structure and to identify the sources of financing, both private and public, for complex cross-border projects for each core network corridor. European Coordinators should facilitate the coordinated implementation of the core network corridors.

(45)The role of the European Coordinators is of major importance for the development of, and cooperation along, the corridors.

(46)The core network corridors should be in line with the rail freight corridors set up in accordance with Regulation (EU) No 913/2010 of the European Parliament and of the Council (12) as well as the European Deployment Plan for the European Rail Traffic Management System (ERTMS) provided for in Commission Decision 2009/561/EC (13).

(47)In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans-European transport network funding should comply with this Regulation and be based, in particular, on Regulation (EU) No 1316/2013 of the European Parliament and of the Council (14). Correspondingly, it should aim at aligning and combining funding from relevant internal and external instruments such as structural and cohesion funds, the Neighbourhood Investment Facility (NIF) and the Instrument for Pre-Accession Assistance (IPA) (15), and from financing from the European Investment Bank, the European Bank for Reconstruction and Development and other financial institutions.

(48)In order to update the maps included in Annex I to take into account possible changes resulting from the actual usage of certain elements of transport infrastructure analysed against pre-established quantitative thresholds, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union ("TFEU"), subject to Article 172 thereof, should be delegated to the Commission in respect of amendments to Annexes I and II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(49)The interests of regional and local authorities, as well as those of local civil society affected by a project of common interest, should be appropriately taken into account in the planning and construction phase of projects.

(50)The European and national frameworks for transport infrastructure planning and implementation, as well as for the provision of transport services, offer opportunities for stakeholders to contribute to the achievement of the objectives of this Regulation. The new instrument for the implementation of the trans-European transport network, i.e. core network corridors, is a strong means of realising the respective potential of stakeholders, of promoting cooperation between them and of strengthening complementarity with actions by Member States.

(51)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

(52)Since the objectives of this Regulation, in particular the coordinated establishment and development of the trans-European transport network, cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of those objectives, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(53)Decision No 661/2010/EU should be repealed.

(54)This Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union, in order to allow for the timely adoption of the delegated and implementing acts provided for by this Regulation,