Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Four-column document

1.

Kerngegevens

Document­datum 18-12-2019
Publicatie­datum 19-12-2019
Kenmerk 15152/19
Van General Secretariat of the Council
Externe link origineel bericht
Originele document in PDF

2.

Tekst

Council of the European Union

Brussels, 18 December 2019 (OR. en)

15152/19

Interinstitutional File:

2018/0138(COD) i LIMITE

TRANS 589 CODEC 1784

WORKING DOCUMENT

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 14401/19

Subject: Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans

European transport network

  • Four-column document

In view of the Intermodal Transport Working Party on 8 January 2020, delegations will find

attached the first draft of the four-column document on the above proposal. The suggested Council

position is based on the General Approach (doc. 14401/19).

The fourth column suggests a preliminary classification of issues into two categories of political

importance, as evaluated by the Presidency:

 "B" is a technical issue that can be resolved in the technical meetings; and

 "C" is a major policy question.

Delegations are invited to examine the amendments of the European Parliament and indicate, where

possible, their flexibility.

ANNEX

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

Proposal for a Regulation of Proposal for a Regulation of the Proposal for a Regulation Directive C - linked to legal form of the

  • 1. 
    the European Parliament and European Parliament and of the of the European Parliament and of proposal.

    of the Council on Council on streamlining the Council on streamlining streamlining measures for measures for advancing the measures for advancing the advancing the realisation of realisation of the trans-European realisation of the trans-European the trans-European transport transport network transport network network

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

  • 2. 
    Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof, Having regard to the proposal from the European Commission,

    After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee 1 , Having regard to the opinion of the Committee of the Regions 2 , Acting in accordance with the ordinary legislative procedure 3 ,

    ___________ ___________ ___________ (1) OJ C , , p. . (1) Opinion of 17 October 2018 (not yet published in the Official Journal). (2) OJ C , , p. . (2) Opinion of 7 February 2019 (not yet published in the Official Journal). (3) Position of the European Parliament of 13 February 2019 (not yet published in the Official Journal).

    Whereas:

3.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Amendment 1

  • 5. 
    1315/2013 of the European 1315/2013 of the European of the European Parliament and of

    B

    Parliament and of the Parliament and of the Council 4 the Council 3 sets out a common Council 3 sets out a common sets out a common framework framework for the creation of stateframework for the creation of for the creation of interoperable of-the-art, interoperable networks state-of-the-art, interoperable networks comprising a dualfor the development of the internal networks for the development level structure, in the Union, at market. The trans-European of the internal market. The the service of citizens, for the transport networks (TEN-T) have a trans-European transport development of the internal dual layer structure: the networks (TEN-T) have a market and for the social, comprehensive network ensures dual layer structure: the economic and territorial connectivity of all regions of the comprehensive network cohesion of the Union. The Union, whereas the core network ensures connectivity of all trans-European transport consists of those elements of the regions of the Union whereas networks (TEN-T) have a dual comprehensive network which are the core network consists of layer structure: the core network of the highest strategic importance those elements of the network comprises those parts of the for the Union. That Regulation which are of the highest network which have the (EU) No 1315/2013 defines binding strategic importance for the greatest strategic significance completion targets for Union. Regulation (EU) No for the Union, and the implementation, with the core 1315/2013 defines binding comprehensive network ensures network to be completed by 2030 completion targets for connectivity of between all and the comprehensive network by implementation, with the core regions in the Union. of the 2050. network to be completed by Union whereas The core 2030 and the comprehensive network consists of those network by 2050. elements of the network which are of the highest strategic importance for the Union should

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency serve as cross-border and multimodal accelerators for a single European transport and mobility area. Regulation (EU) No 1315/2013 i defines binding completion targets for implementation, with the core network to be completed by 2030 and the comprehensive network by 2050. Furthermore, Regulation (EU) No 1315/2013 i focuses on cross-border connections that will improve interoperability between the different modes of transport and contribute to the multimodal integration of Union transport, and should also take into account the development dynamics of the transport sector and of new technologies in the future. ___________ ___________ ___________ (3) Regulation (EU) No (4) Regulation (EU) No (3) Regulation (EU) No 1315/2013 i of the European 1315/2013 of the European 1315/2013 of the European Parliament and of the Parliament and of the Council of Parliament and of the Council of 11 Council of 11 December 11 December 2013 on Union December 2013 on Union 2013 on Union guidelines for guidelines for the development guidelines for the development of the development of the transof the trans-European transport the trans-European transport European transport network network and repealing Decision network and repealing Decision No

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency and repealing Decision No No 661/2010/EU (OJ L 348, 661/2010/EU (OJ L 348, 661/2010/EU (OJ L 348, 20.12.2013, p. 1). 20.12.2013, p. 1). 20.12.2013, p. 1). Amendment 2

  • 6. 
    Recital 2
    • (2) 
      Notwithstanding the (2) Notwithstanding the (2) Notwithstanding the necessity B (except for the title.)
  • 7. 
    necessity and binding necessity and binding timelines, and binding timelines, experience

    timelines, experience has experience has shown that many has shown that many investments shown that many investments investments aiming to complete aiming to complete the TEN-T are aiming to complete the TEN- the TEN-T are confronted with confronted with complex permit - T are confronted with multiple, slow, unclear and granting procedures, cross-border complex permit granting complex permit granting procurement procedures and other procedures, cross-border procedures, cross-border procedures. This situation procurement procedures and procurement procedures and jeopardises the on -time other procedures. This other procedures. This situation implementation of projects and, in situation jeopardises the on jeopardises the on-time many cases, results in significant time implementation of implementation of projects, and delays and increased costs. In projects and in many cases in many cases results in orderThis Directive aims to results in significant delays significant delays and increased address these issues and make and increased costs. In order costs, In order to address gives synchronised and timely TEN-T to address these issues and rise to uncertainty for project completion possible, through make synchronised TEN-T promoters and potential private harmonised action is necessary at completion possible,, investors, and can even lead to Union level. harmonised action is projects being abandoned in the necessary at Union level. middle of the process. Given these issues and make conditions, the synchronised TEN-T completion possible, of the TEN-T by the deadline set

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency out in Regulation (EU) No 1315/2013 requires harmonised action is necessary at Union level. Moreover, Member States should decide on their national infrastructure plans in accordance with the TEN-T objectives.

Amendment 3

  • 8. 
    Recital 2a

    (2a) This Regulation applies (2a) This Directive should cover C - linked to scope (procedures

  • 9. 
    only to Union projects which project related procedures, covered) and timelines.

    are recognised as projects of including those related to the common interest under environmental impact Regulation (EU) No 1315/2013 i assessment. However, this on the core network of the Directive should be without trans-European transport prejudice to urban or land use network. A Member State can planning and the steps also decide to broaden the scope undertaken at strategic level and to the comprehensive network. which are not project-related, such as strategic environmental assessment, public budgetary planning as well as national or regional transport plans. In order to increase the efficiency of permit granting procedures and ensure high quality project documentation, project

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency promoters should carry out the preparatory work such as preliminary studies and reports before the start of the permitgranting procedure. This Directive should not be applicable to procedures before an administrative appeal authority, a court or a tribunal.

(2aa) This Directive should apply C - linked to scope.

  • 10. 
    to projects that are part of preidentified

    sections of TEN-T core

    network as listed in the Annex .

    Projects exclusively related to telematics applications, new technology and innovation should be excluded from the scope as their deployment is not limited to the TEN-T core network. Member States may apply this Directive to other projects on the core and comprehensive TEN-T network, including projects exclusively related to telematics applications, new technology and innovation, in order to enable a harmonized approach for transport infrastructure projects. The publication by national

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency authorities of lists of individual projects that fall under this Directive could increase transparency for project promoters regarding ongoing as well as future works along the trans-European transport network.

Amendment 4

  • 11. 
    Recital 3
    • (3) 
      In the legal frameworks (3) In the legal frameworks (3) In the legal frameworks of B
  • 12. 
    of many Member States systems of many Member States many Member States priority

    priority treatment is given to priority treatment is given to treatment is given to certain project certain project categories certain project categories based categories based on their strategic based on their strategic on their strategic importance for importance for the economy. importance for the economy. the economy Union. Priority Priority treatment is characterised Priority treatment is treatment is characterised by byPriority treatment should be characterised by shorter shorter timelines, simultaneous given to projects covered by this timelines, simultaneous and/or simplified procedures or Directive, where appropriate. procedures or limited limited timeframes for the Such treatment may include timeframes for appeals while completion of the permitting shorter timelines, simultaneous ensuring that the objectives of procedure or for appeals while procedures or limited timeframes other horizontal policies are ensuring that the objectives of for appeals while ensuring that the also reached. When such a other horizontal policies are also objectives of other horizontal framework exists within a reached. When such a policies, such as environmental national legal framework, it framework exists within rules policies aiming to avoid, prevent, should automatically apply to on priority treatment exist in a reduce or offset adverse effects Union projects recognised as national legal framework, it they on the environment are also

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency projects of common interest should automatically apply to reached. in accordance with under Regulation (EU) No Union projects recognised as national and Union law. In the 1315/2013. projects of common interest legal frameworks of many under Regulation (EU) No Member States, priority 1315/2013. Member States that treatment is given to certain do not have such rules on project categories based on their priority treatment should adopt strategic importance for the them. economy. When such a framework exists within a national legal framework, it should automatically apply to Union projects recognised as projects of common interest under Regulation (EU) No 1315/2013 iwithin the scope of this Directive.

Amendment 5

  • 13. 
    Recital 4
    • (4) 
      In order to improve the (4) In order to improve the Deleted. C - linked to Article 4.
  • 14. 
    effectiveness of the effectiveness of the

    environmental assessments environmental assessments and and streamline the decisionstreamline the decision-making making process , where the process, where the obligation to obligation to carry out carry out assessments related to assessments related to environmental issues of core environmental issues of core network projects arises network projects arises simultaneously from Directive simultaneously from 2011/92/EU of the European Directive 2011/92 i/EU, as Parliament and of the Council 5 ,

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency amended by Directive as amended by Directive 2014/52 i/EU, and from other 2014/52/EU of the European Union legislation such as Parliament and of the Council 6 , Directive 92/43/EEC i, and from other Union legislation Directive 2009/147/EC i, such as Council Directive Directive 2000/60/EC i, 92/43/EEC i 7 , Directives Directive 2008/98/EC i, 2009/147/EC i 8 , 2000/60/EC i 9 , Directive 2010/75 i/EU, 2008/98/EC 10 , 2010/75 i/EU 11 and

Directive 2012/18 i/EU and 2012/18/EU 12 of the European Directive 2011/42/EC i, Parliament and of the Council, Member States should ensure and Commission Implementing that a joint procedure Directive 2011/42/EC i 13 , fulfilling the requirements of Member States should ensure these Directives is provided. that a joint procedure fulfilling the requirements of these Directives is provided. Moreover, early scoping of environmental impacts and early discussion with the competent authority about the content of the environmental assessments may reduce delays during the permitting stage and generally improve the quality of assessments.

___________

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1–21).

  • (6) 
    Directive 2014/52 i/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92 i/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).
  • (7) 
    Council Directive 92/43/EEC i of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
  • (8) 
    Directive 2009/147/EC i of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

  • (10) 
    Directive 2008/98/EC i of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
  • (11) 
    Directive 2010/75 i/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
  • (12) 
    Directive 2012/18 i/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC i (OJ L 197, 24.7.2012, p. 1).
  • (13) 
    Commission

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Implementing Directive 2011/42 i/EU of 11 April 2011 amending Council Directive 91/414/EEC i to include flutriafol as active substance and amending Commission Decision 2008/934/EC i (OJ L 97, 12.4.2011, p. 42).

Amendment 6

  • 15. 
    Recital 4a

    (4a) Given the large number of B

  • 16. 
    environmental assessments

    arising from various European Directives and national rules which are necessary for granting permits to projects of common interest in the TEN-T core network, the Union should put in place a common, simplified and centralised procedure which fulfils the requirements of those Directives in order to help achieve the objectives set out in this Regulation aimed at increasing the streamlining of

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency measures.

Amendment 7

  • 17. 
    Recital 5
    • (5) 
      Core network projects (5) Core network projects should (5) Core network projects
  • 18. 
    should be supported by be supported by integrated Projects on the core network

    C - linked to the role of the authority.

    integrated permit granting permit granting procedures to corridors should be supported by procedures to make clear make clear management of the integratedefficient permitmanagement of the overall overall procedure possible and to granting procedures to make clear procedure possible and to provide a single entry point for management of the overall provide a single entry point investors. Member States should procedure possible and to provide for investors. Member States designate a single competent a single entrymain point of should designate a competent authority in accordance with contact for investors.project authority in accordance with their national legal frameworks promoters. Member States their national legal and administrative set-ups so should designate a competent frameworks and that projects concerning the authorityone or more authorities administrative set-ups. core network will benefit from in accordance with their national the integration of permit legal frameworks and granting procedures and having administrative set-ups, and type a single contact point for of project.

    investors, thereby enabling clear and effective management of the comprehensive procedure. Where necessary, the single competent authority can delegate its responsibilities, obligations and tasks to another authority at the appropriate regional, local or other

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency administrative level.

Amendment 8

  • 19. 
    Recital 6
    • (6) 
      The establishment of a (6) The establishment of a single (6) The establishmentdesignation C - linked to the role of the authority,
  • 20. 
    single competent authority at competent authority at national of authorities acting as the main procedures covered and phases.

    national level integrating all level integrating all permit point of a single competent permit granting procedures granting procedures (one-stop authority at national level (one-stop shop) should reduce shop) should reduce the integratingcontact for the project the complexity, improve the complexity, improve the promoter for all permit granting efficiency and increase the efficiency and coordination and procedures (one-stop shop) should transparency of the increase the transparency and reduce the complexity, improve the procedures. It should also the speed of the procedures and efficiency and increase the enhance the cooperation of the adoption of the decisions. transparency of the procedures. It between Member States It should also enhance the should also enhance the where appropriate. The cooperation between Member cooperation between Member procedures should promote a States where appropriate. The States where appropriate. The real cooperation between procedures should promote a procedures should promote a real investors and the single real cooperation between cooperation between investors and competent authority and investors and the single the single competent authority and should therefore allow for the competent authority and should should therefore allow for the scoping in the pre-application therefore allow for the scoping scoping in the pre-application phase phase of the permit granting in the pre-application phase of of the permit granting procedure. procedure. Such scoping the permit granting procedure. Such scoping should be integrated should be integrated in the Such scoping should be in the detailed application outline detailed application outline integrated in the detailed and follow the procedure set out in and follow the procedure set application outline and follow Article 5(2) of 2011/92/EU, as out in Article 5(2) of the procedure set out in Article amended by Directive 2011/92 i/EU, as amended by 5(2) of 2011/92/EU, as amended 2014/52/EUreal cooperation

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Directive 2014/52 i/EU. by Directive 2014/52 i/EU. between project promoters and the designated authority.

Amendment 9

  • 21. 
    Recital 6a

    (6a) Where projects of common (6a) The designated authority C- linked to the role of the authority.

  • 22. 
    interest are considered to be may also be entrusted with tasks

    Union priority projects, a joint related to the coordination and competent authority agreed the authorisation, in compliance between the single competent with Union and national authorities from two or more legislation, of specific projects Member States or Member aiming at the reconstruction of States and third countries could infrastructure on the core be established, in order fulfil network of the trans-European the duties arising from this transport network in the case of Regulation. natural or man-made disasters.

    • (7) 
      The procedure set out by (7) The procedure set out by this (7) The procedure set out by this B (legal form of the proposal
  • 23. 
    this Regulation should be Regulation should be without RegulationDirective should be excluded.)

    without prejudice to the prejudice to the fulfilment of the without prejudice to the fulfilment fulfilment of the requirements requirements defined in the of the requirements defined in the defined in the international international and Union law, international and Union law, and Union law, including including provisions to protect including provisionsrequirements provisions to protect the the environment and human to protect the environment and environment and human health. human health. This Directive health. should not lead to lower standards envisaged to avoid, prevent, reduce or offset adverse effects on the environment.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Amendment 10

  • 24. 
    Recital 8
    • (8) 
      Given the urgency to (8) Given the urgency to (8) Given the urgency to complete C - linked to timelines.
  • 25. 
    complete the TEN-T core complete the TEN-T core the TEN-T core network, the

    network, the simplification of network by 2030, the simplification of permit granting permit granting procedures simplification of permit granting procedures should be accompanied should be accompanied by a procedures should be by a time limit within which time limit within which accompanied by a time limit competent authorities responsible competent authorities within which competent should make a comprehensivefor responsible should make a authorities responsible should procedures aiming at the comprehensive decision make a comprehensive decision adoption of an authorising regarding the construction of regarding the construction of the decision regarding the construction the project. This time limit project. This time limit should of the projectto build the should stimulate a more stimulate ensure a more efficient transport infrastructure. This efficient handling of handling of procedures and time limit should stimulate a more procedures and should, under should, under no circumstances, efficient handling of procedures no circumstances, compromise the Union's high and should, under no compromise the Union's high standards for environmental circumstances, compromise the standards for environmental protection, transparency, and Union's high standards for protection and public public participation. Projects environmental protection and participation. should be evaluated in terms of public participation. It should be the project selection maturity possible to extend the time limit criteria established by the for the permit granting Connecting Europe Facility. procedures in duly justified cases, Compliance with the deadlines including when unforeseesable set out in this Regulation circumstances arise or where should be taken into account necessary for environmental when carrying out such protection. The deadline of the prolongation may for instance be

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency evaluations. set as a date, period of time or other certain and future event. The extended time limit should not include the time necessary to undertake administraive or judicial appeal procedures.

  • (9) 
    Member States should (9) Member States should (9) Member States should C
  • 26. 
    endeavour to ensure that endeavour to ensure that appeals endeavour to ensure that appeals

    appeals challenging the challenging the substantive or challenging the substantive or substantive or procedural procedural legality of a procedural legality of a legality of a comprehensive comprehensive decision are comprehensivean authorising decision are handled in the handled in the most efficient decision are handled in the most most efficient way possible. way possible. efficient way possible.

    Amendment 11

  • 27. 
    Recital 10
    • (10) 
      Cross-border TEN-T (10) Cross-border TEN-T (10) Cross-border TEN-T B
  • 28. 
    infrastructure projects face infrastructure projects face infrastructure projects that concern

    particular challenges as particular challenges as regards two or more Member States face regards the coordination of the coordination of permit particular challenges as regards the permit granting procedures. granting procedures. The coordination of permit granting The European Coordinators European Coordinators referred procedures. The European should be empowered to to in Article 45 of Regulation Coordinators should be empowered monitor these procedures and (EU) No 1315/2013 should be to monitorinformed about these facilitate their empowered to monitor these procedures andin order to facilitate synchronisation and procedures and facilitate their their synchronisation and completion. synchronisation and completion completion. to ensure compliance with the

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency deadlines set by this Regulation.

  • (11) 
    Public procurement in (11) Public procurement in (11) Public procurement in cross B
  • 29. 
    cross-border projects of cross-border projects of common border projects of common interest

    common interest should be interest should be conducted in should be conducted in accordance conducted in accordance with accordance with the Treaty and with the Treaty and Directives,

    the Treaty and Directives Directives 2014/25 i/EU 14 and/or where relevant, Directive 2014/25/EU and/or 2014/24/EU 15 of the European 2014/25/EU and/ 4 or Directive 2014/24/EU. In order to Parliament and of the Council. 5 2014/24/EU. of the European ensure the efficient In order to ensure the efficient Parliament and of the Council. In completion of the crosscompletion of the cross-border order to ensure the efficient border core network projects core network projects of completion of the cross-border core of common interest, public common interest, public network projects of common procurement carried out by a procurement carried out by a interest, public procurement carried joint entity should be subject joint entity should be subject to out by a joint entity should be to a single national a single national legislation. By subject to a singlethe national legislation. By way of way of derogation from the legislation.law of one Member derogation from the Union Union public procurement State. By way of derogation from public procurement legislation, the applicable the Union law on public legislation, the applicable national rules should in principle procurement legislation, the national rules should in be those of the Member State applicable national rules should in principle be those of the where the joint entity has its principle be those of the Member Member State where the joint registered office. It should State where the joint entity has its entity has its registered office. remain possible to define the registered office. It should remain It should remain possible to applicable legislation in an possible to define the applicable define the applicable intergovernmental agreement. legislation in an intergovernmental legislation in an agreement. For reasons of legal intergovernmental agreement. certainty, current procurement strategies should remain applicable to a joint entity set up

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency before … [date of entry into force of this Directive].

______________ ______________

the European Parliament and of (4) Directive 2014/25 i/EU of the the Council of 26 February 2014 European Parliament and of the on procurement by entities Council of 26 February 2014 on operating in the water, energy, procurement by entities operating transport and postal services in the water, energy, transport and sectors and repealing Directive postal services sectors and 2004/17/EC (OJ L 094 repealing Directive 2004/17/EC i 28.3.2014, p. 243). (OJ L 094 28.3.2014, p. 243).

  • 30. 
    Recital 12
    • (12) 
      The Commission is not (12) The Commission is not (12) The Commission is not B
  • 31. 
    systematically involved in the systematically involved in the systematically involved in the

    authorisation of individual authorisation of individual authorisation of individual projects. projects. However, in some projects. However, in some However, in some cases, certain cases, certain aspects of the cases, certain aspects of the aspects of the project preparation project preparation are project preparation are subject to are subject to clearance at Union

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency subject to clearance at Union clearance at Union level. Where level. Where the Commission is level. Where the Commission the Commission is involved in involved in the procedures, it will is involved in the procedures, the procedures, it will give give priority treatment to the it will give priority treatment priority treatment to the Union Unionthese projects of common to the Union projects of projects of common interest and interest and ensure certainty for common interest and ensure ensure certainty for project project promoters. In some cases, certainty for project promoters. In some cases State State aid approval might be promoters. In some cases aid approval might be required. required. In line with the Best State aid approval might be Without prejudice to the Practice Code for the conduct of required. In line with the Best deadlines set out in this State aid control procedures, Practice Code for the conduct Regulation and in line with the Member States may ask the of State aid control Best Practice Code for the Commission to deal with projects procedures, Member States conduct of State aid control of common interest on the core may ask the Commission to procedures, Member States network of the TEN-T they deal with projects of common should be able to ask the consider to be of priority with more interest on the core network Commission to deal with predictable timelines under the case of the TEN-T they consider to projects of common interest on portfolio approach or the mutually be of priority with more the core network of the TEN-T agreed planning. predictable timelines under they consider to be of priority the case portfolio approach or with more predictable timelines the mutually agreed planning. under the case portfolio approach or the mutually agreed planning.

Amendment 13

  • 32. 
    Recital 13
    • (13) 
      The implementation of (13) The implementation of (13) The implementation of B
  • 33. 
    infrastructure projects on the infrastructure projects on the infrastructure projects on the TEN-

    TEN-T core network should TEN-T core network should be T core network should be also

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency be also supported by also supported by Commission supported by Commission Commission guidelines that guidelines that bring more guidelines that bring more clarity as bring more clarity as regards clarity as regards the regards the implementation of the implementation of certain implementation of certain types certain types of projects while types of projects while of projects while respecting the respecting the Union acquis. For respecting the Union acquis. Union acquis. For example the example, the Action Plan for For example the Action Plan Action Plan for nature, people 6 nature, people and the economy for nature, people and the 16 and the economy foresees such foresees such, presented by the

4

economy foresees such guidance to bring more clarity in Communication from the guidance to bring more view of respecting the Birds and Commission to the European clarity in view of respecting Habitats Directives. Direct Parliament, the Council, the the Birds and Habitats support related to public European Economic and Social Directives. Direct support procurement should be made Committee and the Committee of related to public procurement available for projects of common the Regions of 27 April 2017, should be made available for interests to ensure the provides guidance to bringand projects of common interests minimising of external costs brings more clarity in view of to ensure the best value for and the best value for public respecting the Birds and Habitats

5

public money . Additionally, 17 money . Additionally, Directiveson how to comply with appropriate technical appropriate technical assistance Directive 2009/147/EC i and assistance should be made should be made available under Directive 92/43/EEC i. Direct available under the the mechanisms developed for support related to public mechanisms developed for the Multi-Annual Financial procurement should be made the Multi-Annual Financial Framework 2021-2027, with the available for projects of common Framework 2021-2027, with aim of providing financial interests to ensure the best value for the aim of providing financial support for TEN-T projects of 7 public money . Additionally, support for TEN-T projects of common interest. appropriate technical assistance common interest. should be made available under the mechanisms developed for the Multi-Annual Financial Framework 2021-2027, with the aim of

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency providing financial support for TEN-T projects of common interest.. ___________ ___________

  • (14) 
    Since the objectives of (14) Since the objectives of this (14) Since the objectives of this B (except for legal form of the
  • 34. 
    this Regulation cannot be Regulation cannot be RegulationDirective cannot be proposal.)

    sufficiently achieved by the sufficiently achieved by the sufficiently achieved by the Member States and can Member States and can Member States andbut can therefore, by reason of the therefore, by reason of the need thereforerather, by reason of the need for coordination of those for coordination of those need for coordination of those objectives, be better achieved objectives, be better achieved at objectives, be better achieved at at Union level, the Union Union level, the Union may Union level, the Union may adopt may adopt measures in adopt measures in accordance measures in accordance with the accordance with the principle with the principle of subsidiarity principle of subsidiarity as set out of subsidiarity as set out in as set out in Article 5 of the in Article 5 of the Treaty on Article 5 of the Treaty on Treaty on European Union. In European Union. In accordance European Union. In accordance with the principle of with the principle of accordance with the principle proportionality, as set out in that proportionality, as set out in that of proportionality, as set out Article, this Regulation does not Article, this RegulationDirective in that Article, this go beyond what is necessary in does not go beyond what is Regulation does not go order to achieve those necessary in order to achieve those beyond what is necessary in objectives. objectives. order to achieve those objectives.

    Amendment 14

  • 35. 
    Recital 15

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

  • (15) 
    For reasons of legal (15) For reasons of legal (15) For reasons of legal certainty, B (except for legal form of the
  • 36. 
    certainty, the administrative certainty, the administrative the administrativepermit-granting proposal.)

    procedures which started procedures which started prior to procedures which started prior to prior to the entry into force of the entry into force of this the entry into forcetransposition of this Regulation should not be Regulation should not be subject this RegulationDirective should not subject to the provisions of to the provisions of this be subject to the provisions of this this Regulation. Regulation, unless otherwise RegulationDirective. decided with the agreement of those concerned.

    HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS C

  • 37. 
    REGULATION: REGULATION: REGULATIONDIRECTIVE:

    CHAPTER I GENERAL CHAPTER I GENERAL CHAPTER I GENERAL

  • 38. 
    PROVISIONS PROVISIONS PROVISIONS

    Article 1 Article 1 Article 1

  • 39. 
    Subject matter and scope Subject matter and scope Subject matter and scope

    Amendment 15

  • 40. 
    Article 1, Paragraph 1

    This Regulation sets out This Regulation sets out 1. This Directive shall apply to C - scope.

  • 41. 
    requirements applicable to the requirements applicable to the the permit-granting procedures

    administrative procedures administrative procedures required in order to authorise the followed by the competent followed by the competent implementation of projects that authorities of Member States authorities of Member States in are part of pre-identified sections in relation to the authorisation relation to the authorisation and of TEN-T core network as listed

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

and implementation of all implementation of all projects of in the Annex 8 with the exception projects of common interest common interest on the core of projects exclusively related to on the core network of the network of the trans-European telematic applications, new trans-European transport transport network relating to technology and innovation as network.. Regulation (EU) No 1315/2013 i, defined in articles 31 and 33 of including the pre-selected Regulation sets out requirements projects listed in Part III of the applicable to the administrative Annex to the Regulation procedures followed by the establishing the ‘Connecting competent authorities of Europe Facility’ 2021-2027. 1315/2013.

___________

  • (8) 
    The Annex will be added to this Directive and shall be the list of cross-border links and missing links in Section 1 "Core Network Corridors and indicative list of pre-identified cross-border links and missing links" of Part III of the Annex of the draft Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014, as set out in the partial Common

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Understanding, doc. 7207/1/19 REV 1, once adopted. Amendment 16

  • 42. 
    Article 1, Paragraph 2

Member States may decide to 2. Member States may decide to

  • 43. 
    extend the application of all extend the application of this provisions of this Regulation, Directive to other projects on the C - scope.

as a block, to projects of core and comprehensive network

common interest on the of the trans-European transport

comprehensive network of the network including projects

trans-European transport exclusively related to telematic

network. applications, new technology and

innovation referred to in

paragraph 1.

Article 2 Article 2 Article 2

  • 44. 
    Definitions Definitions Definitions

    For the purposes of this For the purposes of this For the purposes of this Regulation, B (except for the legal form of the

  • 45. 
    Regulation, the definitions set Regulation, the definitions set the definitions set out in Regulation proposal.)

    out in Regulation (EU) No out in Regulation (EU) No (EU) No 1315/2013 shall apply.

    1315/2013 shall apply. The 1315/2013 shall apply. The The Directive, the following following definitions shall following definitions shall also definitions shall also apply: also apply: apply:

    Amendment 17

  • 46. 
    Article 2 a

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

(a)"comprehensive decision" (a) "comprehensive decision" (a) "authorising comprehensive

  • 47. 
    means the decision or set of means the decision or set of decision" means the decision or a

    C

    decisions taken by a Member decisions taken by the single set of decisions simultaneously or State authority or authorities competent authority of a successively taken by a Member not including courts or Member State, and where State authority or authorities, not tribunals that determines applicable, the joint competent including administrative appeal whether or not a project authority or authorities, but not authorities, courts or tribunals that promoter is to be granted including courts or tribunals, determines, under national legal authorisation to build the that determines whether or not a system and administrative law transport infrastructure project promoter is to be granted that determine whether or not a needed to complete a project authorisation to build the project promoter is to be granted without prejudice to any transport infrastructure needed authorisation to build the transport decision taken in the context to complete a project without infrastructure needed to complete a of an administrative appeal prejudice to any decision taken projectentitled to implement the procedure; in the context of an project on the geographical area

administrative appeal procedure; concerned. The decision or a set of decisions may be of an

administrative nature and shall be without prejudice to any decision taken in the context of an administrative appeal procedure;

Amendment 18

  • 48. 
    Article 2 b

    (b)"permit granting (b) "permit granting procedures" (b) "permit granting C - linked to procedures covered.

  • 49. 
    procedures" means every means every procedure that has proceduresprocedure" means

    procedure that has to be to be followed or step that has to everyany procedure that has to be followed or step that has to be taken before the competent followed or step that has to be be taken before the authorities of a Member State, taken beforerelated to an

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency authorities of a Member under Union or national law, individual project falling within State, under Union or before the project promoter can the scope of this Directive in national law, before the implement the project and order to obtain the authorising project promoter can starting from the date on which decision as required by the implement the project; the acceptance of the file authorities of a Member State, notification is signed by the under Union or national law before single competent authority of the project promoter can implement the Member State; the projec;. It shall not include procedures related to urban or land use planning, for the award of public procurements, nor steps undertaken at strategic level, which do not refer to a specific project, such as strategic environmental assessment, public budgetary planning as well as national or regional transport plans.

(b)(i) "project" means the B

  • 50. 
    construction, adaptation or

    modification of a defined section in the transport infrastructure, which leads to improvement of capacity, safety and efficiency of the infrastructure and whose implementation requires an authorising decision;

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Amendment 19

  • 51. 
    Article 2 c

    (c)"Project promoter" (c) "Project promoter" means (c) "project promoter" means the B

  • 52. 
    means the applicant for the applicant any natural applicant for authorisation for of a

    authorisation for a private person or public or private private project implementation or project or the public legal person applying for the public authority which initiates authority which initiates a authorisation for a private a project; project"; project or the public authority which initiates to initiate a project";

    Amendment 20

  • 53. 
    Article 2 d

(d)"single competent (d) "single competent authority" (d) " single competent designated

  • 54. 
    authority" means the means the authority which the authority" means the authority

    C - linked to the role and

    authority which the Member State designates, in which is the main point of

    responsibility of the authority.

    Member State designates as accordance with its national contact for the project responsible for performing law, as responsible for promoter and aims to facilitate the duties arising from this performing the duties arising efficient and structured

    Regulation; from this Regulation; processing of permit-granting procedures in accordance with

    this Directive the Member State designates as responsible for performing the duties arising from this Regulation.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

(e)"Cross-border project of (e) "Cross-border project of (e) deleted. B

  • 55. 
    common interest" means a common interest" means a

    project of common interest project of common interest according to Article 7 of according to Article 7 of Regulation (EU) No Regulation (EU) No 1315/2013 i 1315/2013 covering a covering a cross-border section cross-border section as as defined in point (m) Article 3 defined in point (m) Article of that Regulation which is 3 of that Regulation which implemented by a joint entity; is implemented by a joint entity.

    Amendment 21

  • 56. 
    Article 2 ea

    (ea) “Joint competent B

  • 57. 
    authority” means an authority established by mutual

    agreement between the single competent authorities from two or more Member States or from one or more Member States and one or more third countries which is in charge of facilitating the permit-granting procedures related to crossborder projects of common interest.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency CHAPTER II CHAPTER II CHAPTER II

  • 58. 
    PERMIT GRANTING PERMIT GRANTING PERMIT GRANTING

    Article 3 Article 3 Article 3

  • 59. 
    ‘Priority status’ of projects ‘Priority status’ of projects of Priority status of projects of

    B

    of common interest common interest common interest

    Amendment 22

  • 60. 
    Article 3.1
    • 1. 
      Each project of 1. Each project of common 1. Member States shall B
  • 61. 
    common interest on the TEN- interest on the TEN-T core endeavour to ensure that all

    T core network shall be network, including the preauthorities involved in the subject to an integrated selected sections in Part III of permit-granting procedure, permit granting procedure the Annex to the Regulation excluding courts and tribunals, managed by a single establishing the Connecting give priority to projects covered competent authority Europe Facility, shall be subject by this Directive. Each project of designated by each Member to an integrated permit granting common interest on the TEN-T State in accordance with procedure managed by a single core network shall be subject to an Articles 5 and 6. competent authority designated integrated permit granting by each Member State in procedure managed by a single accordance with Articles 5 and competent authority designated by 6. each Member State in accordance with Articles 5 and 6.

    • 2. 
      Where priority status 2. Where priority status exists 2. Where priority status exists C
  • 62. 
    exists under national law, under national law, projects of specific permit-granting

    projects of common interest common interest shall be granted procedures for priority projects shall be granted the status the status with the highest exists under national law, Member with the highest national national significance possible, States shall, without prejudice to

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency significance possible, and be and be treated as such in permit the objectives, requirements and treated as such in permit granting procedures, where and time-limits of this Directive, granting procedures, where in the manner such treatment is ensure that projects covered by and in the manner such provided for in national this Directive are handled under treatment is provided for in legislation applicable to the these procedures. This shall not national legislation applicable corresponding types of transport prevent Member States from to the corresponding types of infrastructure. testing specific permit granting transport infrastructure. procedures for a limited number of projects that may or may not include projects falling under the scope of this Directive, in order to evaluate their potential extension to other projects projects of common interest shall be granted the status with the highest national significance possible, and be treated as such in permit granting procedures, where and in the manner such treatment is provided for in national legislation applicable to the corresponding types of transport infrastructure.

Amendment 23

  • 63. 
    Article 3.3
    • 3. 
      To ensure efficient 3. To ensure efficient and 3. This Article shall be without B
  • 64. 
    administrative procedures effective administrative prejudice to any budgetary

    related to projects of common procedures related to projects of decisions. To ensure efficient interest, project promoters common interest, project administrative procedures related to

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency and all authorities concerned promoters and all authorities projects of common interest, shall ensure that the most concerned shall ensure that the project promoters and all rapid treatment legally most rapid treatment legally authorities concerned shall ensure possible is given to these possible is given to these that the most rapid treatment projects, including as regards projects, including as regards the legally possible is given to these the resources allocated. evaluation of the projectprojects, including as regards the selection maturity criteria and resources allocated. the resources allocated.

Article 4 Article 4 Article 4

  • 65. 
    Integration of permit Integration of permit granting Integration Provision of permit granting procedures procedures granting procedures C

    Amendment 24

  • 66. 
    Article 4.1
    • 1. 
      In order to meet the time 1. In order to meet the time Deleted. C - linked to the type of procedure to
  • 67. 
    limits set out in Article 6 and limits set out in Article 6 and be applied.

    reduce the administrative reduce the administrative burden burden related to the related to the completion of completion of projects of projects of common interest, all common interest, all the the administrative permit administrative procedures granting procedures resulting resulting from the applicable from the applicable law, both law, both national and of the including the relevant Union, shall be integrated and environmental assessments, result in only one both at national and of the comprehensive decision. Union level, shall be integrated and result in only one comprehensive decision, without prejudice to transparency,

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency public participation, environmental and safety requirements under Union law.

Amendment 25

  • 68. 
    Article 4.2
    • 2. 
      In the case of projects of 2. Without prejudice to the Deleted. C - linked to the type of proceure to
  • 69. 
    common interest for which deadlines set out in Article 6 of be applied.

    the obligation to carry out this Regulation, in the case of assessments of the effects on projects of common interest for the environment arises which the obligation to carry out simultaneously from assessments of the effects on the Directive 2011/92 i/EU of the environment arises European Parliament and of simultaneously from Directive the Council and other Union 2011/92/EU and other Union law, Member States shall law, Member States shall ensure ensure that joint procedures that joint procedures within the within the meaning of Article meaning of Article 2(3) of 2(3) of Directive 2011/92 i/EU Directive 2011/92 i/EU are are provided for. provided for.

    Article 5 Article 5

  • 70. 
    Single competent permit Single competent permit

    Article 5

    granting authority granting authority Single competent permit granting C Designated Authority

    Amendment 26

  • 71. 
    Article 5.1

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

  • 1. 
    By … (OP please insert 1. By … [one year after the date Deleted. C
  • 72. 
    the date one year of the entry of entry into force of this

    into force of this Regulation), Regulation] and in any event no each Member State shall later than 31 December 2020, designate one single each Member State shall competent authority which designate one single competent shall be responsible for authority which shall be facilitating the permit responsible for facilitating the granting process including for permit granting process making the comprehensive including procedures necessary decision. for making the comprehensive decision, in accordance with paragraph 3 of this Article.

    Amendment 27

  • 73. 
    Article 5.2
    • 2. 
      The responsibility of 2. The responsibility On the 2. The Member State shall C
  • 74. 
    the single competent initiative of the single competent designate an authority at the

    authority referred to in authority referred to in appropriate administrative level paragraph 1 and/or the tasks paragraph 1 , its responsibilities, to act as designated authority. related to it may be delegated obligations and/or the tasks Member States may, where to, or carried out by, another related to it, may as referred to relevant, designate different authority at the appropriate in paragraph 1, may, with the authorities as the designated administrative level, per agreement of the Member State, authority depending on the project of common interest or be delegated to, or and carried project or category of projects, per particular category of out by, another authority at the transport mode, or the projects of common interest, appropriate regional, local or geographical area provided that under the following other administrative level, per there is only one designated project of common interest or authority for a given authorising

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency conditions: per particular category of decision. Member States may projects of common interest, empower the designated with the exception of the taking authority to issue the authorising of the comprehensive decision decision. referred to in paragraph 3 of

this Article, under the following The responsibility of the single conditions: competent authority referred to in

paragraph 1 and/or the tasks related to it may be delegated to, or carried out by, another authority at the appropriate administrative level, per project of common interest or per particular category of projects of common interest, under the following conditions:

Amendment 28

  • 75. 
    Article 5.2.a

    (a) only one authority is (a) only one competent authority Deleted. C

  • 76. 
    responsible per project of is responsible per for each

    common interest; project of common interest; Note: Partially moved to Article 5(2) in the

    Council GA:

    • 2. 
      The Member State shall designate an authority at the appropriate administrative level to act as designated authority. Member States may, where relevant, designate different

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency authorities as the designated authority depending on the project or category of projects, transport mode, or the geographical area provided that there is only one designated authority for a given authorising decision. Amendment 29

  • 77. 
    Article 5.2.b

    (b) the authority is the sole (b) the competent authority is Deleted. C

  • 78. 
    point of contact for the the sole point of contact for the

    project promoter in the project promoter in the Note: procedure leading to the procedure leading to the Partially moved to Article 5(4)(a) in comprehensive decision for a comprehensive decision for a the Council GA: given project of common given project of common The designated authority shall:

    interest, and interest, and (a) be the main point of contact for information for the project

    promoter in the procedure leading to the Authorising decision for a given project;

    Amendment 30

  • 79. 
    Article 5.2.c

    (c) the authority coordinates (c) the competent authority Deleted. C

  • 80. 
    the submission of all relevant coordinates the submission of all Note:

    documents and information. relevant documents and

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency information. Partially moved to Article 5(4)(c) in the Council GA: (c) if requested, provide guidance to the project promoter in the submission of all relevant documents and information, including all the necessary permits, decisions and opinions which have to be provided and obtained for the authorising decision. Where the designated authority is empowered to issue the authorising decision, that authority shall verify that all the necessary permits, decisions and opinions for the authorising decision have been obtained. If Member States so foresee, the designated authority may also provide guidance to the project promoter what additional information and/or documents should be delivered in case a notification has been rejected.

The single competent The single competent authority Deleted. C

  • 81. 
    authority may retain the may retain the responsibility to

    responsibility to establish establish time limits, without time limits, without prejudice prejudice to the time limits set in to the time limits set in accordance with Article 6.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency accordance with Article 6.

  • 3. 
    The single competent 3. The single competent Deleted. C
  • 82. 
    authority shall issue the authority shall issue the

    comprehensive decision comprehensive decision within within the time limits the time limits specified in specified in Article 6. It shall Article 6. It shall do so do so following joint following joint procedures. procedures.

    Amendment 31

  • 83. 
    Article 5.3

    The comprehensive decision The comprehensive decision Deleted. C

  • 84. 
    issued by the single issued by the single competent

    competent authority shall be authority shall be the sole legally the sole legally binding binding decision resulting from decision resulting from the the statutory permit granting statutory permit granting procedure. Without prejudice to procedure. Where other the deadlines set out in Article 6 authorities are concerned by of this Regulation, where other the project, they may give authorities are concerned by the their opinion as input to the project, they may give their procedure, in accordance with opinion as input to the national legislation. This procedure, in accordance with opinion shall be taken into national legislation. This opinion account by the single shall be taken into account by competent authority. The single competent authority is required to take such opinions into account,

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency particularly if they concern the requirements laid down in Directives 2014/52 i/EU and 92/43/EEC.

Amendment 32

  • 85. 
    Article 5.4
    • 4. 
      When taking the 4. When taking the 4. When taking the comprehensive C
  • 86. 
    comprehensive decision, the comprehensive decision, the decision, the single competent

    single competent authority single competent authority shall authority shall ensure that the shall ensure that the relevant ensure that the relevant relevant requirements under requirements under requirements under international international and Union law are international and Union law and Union law are respected and respected and shall duly justify its are respected and shall duly shall duly justify its decision on decision. justify its decision. the basis of the applicable legal

provisions. The designated authority shall:

(a) be the main point of contact C

  • 87. 
    for information for the project promoter in the procedure Note:

    leading to the Authorising

    decision for a given project; Partially moved from Article 5(2)(b).

    (b) provide, where foreseen by C 88. national legislation, the Detailed

    Application Outline referred to in Article 6a to the project promoter, including the indicative time-limits within the

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency permit-granting procedures, in line with the time limit set out in accordance with Article 6;

(c) if requested, provide guidance C

  • 89. 
    to the project promoter in the submission of all relevant Note:

    documents and information,

    including all the necessary Partially moved from Article 5(2)(c).

    permits, decisions and opinions which have to be provided and obtained for the authorising decision. Where the designated authority is empowered to issue the authorising decision, that authority shall verify that all the necessary permits, decisions and opinions for the authorising decision have been obtained. If Member States so foresee, the designated authority may also provide guidance to the project promoter what additional information and/or documents should be delivered in case a notification has been rejected.

    This paragraph is without C

  • 90. 
    prejudice to the competence of

    any other authorities involved in

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency the permit-granting procedure.

Amendment 33

  • 91. 
    Article 5.5
    • 5. 
      If a project of common 5. If Where a project of common Deleted.
  • 92. 
    interest requires decisions to interest requires decisions to be

    be taken in two or more taken in two or more Member Member States, the respective States, or in one or more competent authorities shall Member States and one or more take all the necessary steps third countries, the respective for efficient and effective competent authorities shall take cooperation and coordination all the necessary steps for among themselves. Without efficient and effective prejudice to obligations cooperation and coordination arising under applicable among themselves, or may Union and international law, establish a joint competent Member States shall authority, without prejudice to endeavour to provide for joint the deadlines set out in Article procedures, particularly with 6, in charge of facilitating the regard to the assessment of permit granting procedure. environmental impacts. Without prejudice to obligations arising under applicable international and Union law, Member States shall endeavour to provide for joint procedures, particularly with regard to the assessment of environmental impacts.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Amendment 34

  • 93. 
    Article 5.5.a

    5a. To ensure effective

  • 94. 
    implementation of this Regulation and in particular of B

    its Article 6a, the single competent authority shall inform the Commission of the start date of the permit granting procedure and the comprehensive decision, as set out in Article 6.

    Article 6 Article 6 Article 6

  • 95. 
    Duration and Duration and implementation Duration and implementation of implementation of the permit of the permit granting the permit-granting process C

    granting procedure procedure

    • 1. 
      The permit granting 1. The permit granting procedure 1. The Member States shall C
  • 96. 
    procedure shall consist of the shall consist of the preprovide for a permit-granting

    pre-application phase and the application phase and the phase procedure and set deadlines for phase of the assessment of the of the assessment of the the permit-granting procedure application and the decisionapplication and the decisionnot exceeding 4 years from the making by the single making by the single competent start of the permit-granting competent authority. authority. procedure. The Member States may adopt the necessary measures in order to break down the available period in different steps and according to Union and national law. The permit granting

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency procedure shall consist of the preapplication phase and the phase of the assessment of the application and the decision-making by the single competent authority.

Amendment 35

  • 97. 
    Article 6.2
    • 2. 
      The pre-application phase, 2. The pre-application phase, 2. The four-year period referred C
  • 98. 
    covering the period from the covering the period from the to in paragraph 1 shall be

    start of the permit granting start of the permit granting without prejudice to obligations procedure to the submission procedure to the submission of arising from Union and of the complete application the complete application file to international legal acts and shall file to the single competent the single competent authority, not include periods necessary to authority, shall in principle shall in principle not exceed two undertake and to follow-up upon not exceed two years. years 18 months. administrative and judicial appeal procedures and judicial remedies before a court or tribunal. The pre-application phase, covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority, shall in principle not exceed two years.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

2a. The four-year period referred C

  • 99. 
    to in paragraph 1 shall be

    without prejudice to the adoption of a specific act of national legislation finalising the permit granting procedure. Where the permit granting procedure is finalised through such a national legislative act, the preparatory work, on the basis of which the national legislative act is adopted, shall be concluded within the deadline referred to in paragraph 1. The preparatory work shall be considered to end when the specific act of national legislation is introduced to the national parliament.

    Amendment 36

  • 100. 
    Article 6.3
    • 3. 
      In order to launch the 3. In order to launch the permit 3. The Member States shall adopt C
  • 101. 
    permit granting procedure, granting procedure, the project the necessary measures to ensure

    the project promoter shall promoter shall notify in writing that, in duly justified cases, an notify the single competent the single competent authority of appropriate extension to the fourauthority of the Member the Member States concerned or, year period referred to in this States concerned about the where appropriate, the joint Article may be granted. The project in writing, and shall competent authority, about the duration of the prolongation shall include a detailed description project in writing, and shall be determined on a case-by-case

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency of the project. No later than include a detailed description of basis and shall be duly justified. two months following the the project. No later than two This shall also apply to receipt of the above months one month following the consecutive prolongations. notification, the single receipt of the above notification,

competent authority shall the single competent authority In order to launch the permit either acknowledge it or, if it shall either acknowledge accept granting procedure, the project considers that the project is it or, if it considers that the promoter shall notify the single not mature enough to enter project is not mature enough to competent authority of the Member the permit granting enter the permit granting States concerned about the project procedure, reject the procedure, reject the notification in writing, and shall include a notification in writing. If the in writing. If the single detailed description of the project. single competent authority competent authority decides to No later than two months following decides to reject the reject the notification, it shall the receipt of the above notification, it shall justify its justify its decision. The date of notification, the single competent decision. The date of signature of the authority shall either acknowledge signature of the acknowledgement of the it or, if it considers that the project acknowledgement of the notification by the competent is not mature enough to enter the notification by the competent authority shall serve as the start permit granting procedure, reject authority shall serve as the of the permit granting procedure. the notification in writing. If the start of the permit granting If two or more Member States single competent authority decides procedure. If two or more are concerned, the date of the to reject the notification, it shall Member States are acceptance of the last justify its decision. The date of concerned, the date of the notification by the competent signature of the acknowledgement acceptance of the last authority concerned shall serve of the notification by the competent notification by the competent as the date of the start of the authority shall serve as the start of authority concerned shall permit granting procedure. the permit granting procedure. If serve as the date of the start two or more Member States are of the permit granting concerned, the date of the procedure. acceptance of the last notification

by the competent authority

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency concerned shall serve as the date of the start of the permit granting procedure.

Amendment 37

  • 102. 
    Article 6.4
    • 4. 
      Within three months of the 4. Within three two months of Deleted. C
  • 103. 
    start of the permit granting the start of the permit granting

    procedure, the single procedure, the single competent Note: competent authority, in close authority, or where appropriate, See Article 6a (3) and (4) of the GA cooperation with the project the joint competent authority, in for the detailed application outline as promoter and other close cooperation with the well as for the information to be authorities concerned and project promoter and other provided to project promoters.

    taking into account the authorities concerned and taking information submitted by the into account the information project promoter on the basis submitted by the project of the notification referred to promoter on the basis of the in paragraph 3, shall establish notification referred to in and communicate to the paragraph 3, shall establish and project promoter a detailed communicate to the project application outline, promoter a detailed application containing: outline, containing:

    Amendment 38

  • 104. 
    Article 6.4.-a

    (a) the competent authority, at C

  • 105. 
    the appropriate administrative

    level, in charge, in case of

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency delegation by the single competent authority in accordance with Article 5(2);

(a) the material scope and (a) the material scope and level Deleted. C 106. level of detail of information of detail of information to be

to be submitted by the project submitted by the project promoter, as part of the promoter, as part of the application file for the application file for the comprehensive decision; comprehensive decision;

(b) a schedule for the permit (b) a schedule for the permit Deleted. C

  • 107. 
    granting process, identifying granting process, identifying at

    at least the following: least the following:

    Amendment 39

  • 108. 
    Article 6.4.b.i

    (i) the decisions and (i) the decisions, and permits, Deleted. C

  • 109. 
    opinions to be obtained; opinions and assessments to be

    obtained;

    Amendment 40

  • 110. 
    Article 6.4.b.ii

    (ii) the authorities, (ii) the authorities, stakeholders, Deleted. C

  • 111. 
    stakeholders, and the public and the public likely to be

    likely to be concerned; concerned and/or consulted;

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

(iii) the individual stages of (iii) the individual stages of the Deleted. C

  • 112. 
    the procedure and their procedure and their duration;

    duration;

    Amendment 41

  • 113. 
    Article 6.4.b.iv

    (iv) major milestones to be (iv) major milestones to be Deleted. C

  • 114. 
    accomplished and their accomplished and their

    deadlines in view of the deadlines in view of the comprehensive decision to be comprehensive decision to be taken; taken, and the overall scheduled timeframe;

    (v) the resources planned by (v) the resources planned by the Deleted. C

  • 115. 
    the authorities and possible authorities and possible

    additional resource needs. additional resource needs.

    • 5. 
      In order to ensure that the 5. In order to ensure that the Deleted. C
  • 116. 
    application file is complete application file is complete and

    and of adequate quality, the of adequate quality, the project project promoter shall seek promoter shall seek the single the single competent competent authority's opinion on authority's opinion on its its application as early as application as early as possible during the prepossible during the preapplication procedure. The application procedure. The project promoter shall cooperate project promoter shall fully with the single competent cooperate fully with the authority to meet deadlines and single competent authority to comply with the detailed

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency meet deadlines and comply application outline as defined in with the detailed application paragraph 4. outline as defined in paragraph 4.

Amendment 42

  • 117. 
    Article 6.6
    • 6. 
      The project promoter shall 6. The project promoter shall Deleted. C
  • 118. 
    submit the application file submit the application file based

    based on the detailed on the detailed application application outline within the outline within the period of 21 period of 21 months from the 15 months from the receipt of receipt of that detailed that detailed application outline. application outline. After the After the expiry of that period, expiry of that period, the the detailed application outline is detailed application outline is no longer considered applicable, no longer considered unless the single competent applicable, unless the single authority decides, on its own competent authority decides initiative, to prolong that period to prolong that period, on the by a maximum of 6 months, on basis of a justified request the basis of a justified request from the project promoter. from the project promoter.

    • 7. 
      At the latest within the 7. At the latest within the period Deleted. C
  • 119. 
    period of two months from of two months from the date of

    the date of submission of the submission of the complete complete application file, the application file, the competent competent authority shall authority shall acknowledge in acknowledge in writing the writing the completeness of the

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency completeness of the application file and application file and communicate it to the project communicate it to the project promoter. The application file promoter. The application file submitted by the project submitted by the project promoter shall be considered as promoter shall be considered being complete, unless, within as being complete, unless, the period of two months from within the period of two the date of submission, the months from the date of competent authority makes a submission, the competent request regarding missing authority makes a request information to be submitted by regarding missing the project promoter. That information to be submitted request shall be limited, as by the project promoter. That regards the material scope and request shall be limited, as level of detail, to the elements regards the material scope identified in the detailed and level of detail, to the application outline. Any elements identified in the additional request for detailed application outline. information shall only result Any additional request for from exceptional and unforeseen information shall only result new circumstances and shall be from exceptional and duly justified by the single unforeseen new competent authority. circumstances and shall be duly justified by the single competent authority.

Amendment 43

  • 120. 
    Article 6.8

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

  • 8. 
    The single competent 8. The single competent Deleted.
  • 121. 
    authority shall assess the authority shall assess the

    application and adopt a application and adopt a comprehensive decision comprehensive binding decision within the period of one year within the period of one year 6 from the date of submission months from the date of of the complete application submission of the complete file in accordance with application file in accordance paragraph 7. Member States with paragraph 7, unless the may set an earlier time-limit, single competent authority where appropriate. decides, on its own initiative, to extend this period, by a maximum of 3 months, substantiating its decision. Member States may set an earlier time-limit, where appropriate.

    • 9. 
      The time limits in the 9. The time limits in the above Deleted. Note:
  • 122. 
    above provisions shall be provisions shall be without

    without prejudice to prejudice to obligations arising Moved to Article 6(2).

    obligations arising from from Union and international Union and international legal legal acts, as well as to acts, as well as to administrative appeal procedures administrative appeal and judicial remedies before a procedures and judicial court or tribunal. remedies before a court or tribunal.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

Article 6a Article 6a

  • 123. 
    Permit granting procedure and Organisation of the permitfinancial

assistance from the granting procedure

C

Union

  • 1. 
    In accordance with the 1. The project promoter shall C
  • 124. 
    procedure set out in Article 6 of notify the project to the this Regulation, the state of designated authority. The

    progress of the project shall be notification of the project by the taken into account when project promoter shall serve as evaluating projects according to the start of the permit-granting the selection maturity criteria of procedure. projects set out in Article 13 of Regulation (EU) .../... [establishing the Connecting Europe Facility]. Amendment 44

  • 125. 
    Article 6.a.2
    • 2. 
      Delays occurring with regard 2. In order to assess the maturity C
  • 126. 
    to the stages and deadlines set of the project, Member States out in Article 6 will justify an may define the level of detail of

    investigation of the state of information and the relevant progress of the project and a documents to be provided by the revision of the financial project promoter when notifying assistance received by the a project. If the project is not Union under the Connecting mature enough, the notification Europe Facility, as provided for shall be rejected and the decision in Article 17(1) of Regulation shall be justified. (EU) .../... [CEF] and might

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency result in a reduction or the withdrawal of the financial assistance. 3. Member States shall take the C

  • 127. 
    necessary measures to ensure that project promoters receive

    general information as guidelines for notification, where relevant according to the mode of transport, about the necessary permits, decisions and opinions that may be required for implementing a project.

    That information shall, with C

  • 128. 
    regard to the different permits, decisions and opinions include

    the following: - permits, decisions and C

  • 129. 
    opinions. - applicable time limits or, if

    there are no such time limits indicative time limits, as well as - the authorities and stakeholders normally involved in consultations linked to the different permits, decisions and opinions.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency That information shall be easily C

  • 130. 
    accessible to all relevant project promoters, in particular through

    information portals (electronic or physical).

    • 4. 
      In order to ensure a successful C
  • 131. 
    notification, the Member States may provide that the designated

    authority shall establish, upon request by the project promoter, a detailed application outline comprising the following information customised for the individual project:

    (a) The individual stages of the C

  • 132. 
    procedure and their indicative time limits;

    (b) The material scope and level C

  • 133. 
    of detail of information to be submitted by the project

    promoter;

    (c) A list of necessary permits, C

  • 134. 
    decisions and opinions to be obtained by the project promoter

    during the permit-granting procedure, in accordance with Union and national law;

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency (d) Authorities and stakeholders C

  • 135. 
    to be involved in relationship with the respective obligations,

    including during the formal phase of the public consultation.

    • 5. 
      The detailed application C
  • 136. 
    outline shall remain valid during the permit-granting procedure.

    Any amendment to the detailed application outline shall be duly justified.

    • 6. 
      When the project promoter has C
  • 137. 
    submitted the complete project application file, the authorising

    decision shall be adopted within the time-limit set out in Article 6.

    Article 7 Article 7 Article 7

  • 138. 
    Coordination of cross-border Coordination of cross-border Coordination of cross-border permit granting procedure permit granting procedure permit-granting procedure

    Amendment 45

  • 139. 
    Article 7.1
    • 1. 
      For projects that involve 1. For projects that involve two 1. For projects that involve concern B
  • 140. 
    two or more Member States, or more Member States or one two or more Member States, the

    the competent authorities of or more Member States and one competent authorities of Member the Member States concerned or more third countries, the States concerned shall align ensure shall align their timetables competent authorities of the that the designated authorities of Member States concerned shall the Member States concerned

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency and agree on a joint schedule. align their timetables and agree endeavour to coordinate their on a joint schedule. timetables and to agree on a joint schedule concerning the permitgranting procedure.

Amendment 46

  • 141. 
    Article 7.1.a

    1a. In such cases, in order to B

  • 142. 
    facilitate the permit granting

    procedure, single competent authorities from two or more Member States or one or more Member States and one or more third countries may, by mutual agreement, establish a joint competent authority, as provided for under Article 5(5).

    Amendment 47

  • 143. 
    Article 7.2
    • 2. 
      The European Coordinator 2. The European Coordinator 2. The European Coordinator B
  • 144. 
    referred to in Article 45 of referred to in Article 45 of referred to Member States shall

    Regulation (EU)² No Regulation (EU) No 1315/2013 i take the necessary measures to 1315/2013 shall be shall be empowered to follow ensure that, in line with Article 45 empowered to closely follow the permit granting procedure of Regulation (EU) No 1315/2013 i, the permit granting procedure for cross-border projects of the European Coordinators for cross-border projects of common interest and to facilitate receive information on the common interest and to contacts and cooperation permit-granting procedures and

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency facilitate contacts between the between the involved competent that they may facilitate contacts involved competent authorities or where between the designated authorities. appropriate, with the joint authorities in the context of the competent authority. permit-granting procedures for projects that concern two or more Member States. shall be empowered to closely follow the permit granting procedure for cross-border projects of common interest and to facilitate contacts between the involved competent authorities.

Amendment 48

  • 145. 
    Article 7.3
    • 3. 
      Without prejudice to the 3. Without prejudice to the 3. Member States shall, if the B
  • 146. 
    obligation to comply with the obligation to comply with the time limit set out in Article 6 is

    time limits under this time limits under this not observed, provide Regulation, if the time-limit Regulation, if the time-limit for information upon request to the for the comprehensive the comprehensive decision is European Coordinators decision is not observed, the not observed, the single concerned about the measures competent authority shall competent authority shall taken or planned to be taken to immediately inform the immediately inform the conclude the permit-granting European Coordinator Commission, and where procedure with the least possible concerned about the measures appropriate, the European delay. Without prejudice to the taken or to be taken to Coordinator concerned about the obligation to comply with the time conclude the permit granting measures taken or to be taken to limits under this Regulation, if the procedure with the least conclude the permit granting time-limit for the comprehensive possible delay. The European procedure with the least possible decision is not observed, the

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Coordinator may request the delay. The Commission, and competent authority shall competent authority to where appropriate, the immediately inform the European regularly report on progress European Coordinator may Coordinator concerned about the achieved. request the single competent measures taken or to be taken to authority to regularly report on conclude the permit granting progress achieved. procedure with the least possible delay. The European Coordinator may request the competent authority to regularly report on progress achieved.

CHAPTER III CHAPTER III CHAPTER III

  • 147. 
    PUBLIC PROCUREMENT PUBLIC PROCUREMENT PUBLIC PROCUREMENT

    Article 8 Article 8 Article 8

  • 148. 
    Public Procurement in cross Public Procurement in cross Public Procurement in crossborder projects of common border projects of common border projects of common interest B

    interest interest

    • 1. 
      Public procurement in 1. Public procurement in cross Deleted. B
  • 149. 
    cross-border projects of border projects of common

    common interest shall be interest shall be conducted in conducted in accordance with accordance with the Treaty and the Treaty and Directives Directives 2014/25 i/EU and/or 2014/25/EU and/or 2014/24/EU. 2014/24/EU.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Amendment 49

  • 150. 
    Article 8.2
    • 2. 
      In case the procurement 2. In case the procurement 2. In case When the procurement B
  • 151. 
    procedures are conducted by procedures are conducted by a procedures are conducted by a joint

    a joint entity set up by the joint entity set up by the entity set up by the participating participating Member States, participating Member States, Member States in a cross-border that entity shall apply the that entity, together with its project, Member States shall take national provisions of one of subsidiaries, where appropriate, the necessary measures to ensure those Member States and, by shall apply the national that the joint entity applies the way of derogation from these provisions of one of those national provisions of one Directives, those provisions Member States and, by way of Member State and, by way of shall be the provisions derogation from these derogation from Directives determined in accordance Directives, those provisions 2014/25/EU and 2014/24/EU, that with point (a) of Article 57(5) shall be the provisions entity shall apply the national of Directive 2014/25 i/EU of determined in accordance with provisions of one of those Member the European Parliament and point (a) of Article 57(5) of States and, by way of derogation of the Council or point (a) of Directive 2014/25 i/EU or point from these Directives, those Article 39(5) of Directive (a) of Article 39(5) of Directive provisions shall be the provisions 2014/24/EU of the European 2014/24/EU, as applicable, determined in accordance with Parliament and of the unless an agreement between the point (a) of Article 57(5) of Council, as applicable, unless participating Member States Directive 2014/25 i/EU of the an agreement between the provides otherwise. Such an European Parliament and of the

    participating Member States agreement shall in any case Council 9 or point (a) of Article

    provides otherwise. Such an provide for the application of a 39(5) of Directive 2014/24 i/EU of agreement shall in any case single national legislation in case the European Parliament and of the

    provide for the application of of for the procurement Council 10 , as applicable, unless an

    a single national legislation in procedures conducted by a joint agreement between the case of the procurement entity and, where appropriate, participating Member States procedures conducted by a its subsidiaries, across the provides otherwise. Such an

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency joint entity. whole of the project. agreement shall in any case provide for the application of a single national legislation for procurement procedures conducted by a joint entity.

___________

  • (9) 
    Directive 2014/25 i/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC i (OJ L 094 28.3.2014, p. 243).

CHAPTER IV CHAPTER IV TECHNICAL CHAPTER IV TECHNICAL

  • 152. 
    TECHNICAL ASSISTANCE ASSISTANCE ASSISTANCE

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Article 9 Article 9 Article 9

  • 153. 
    Technical assistance Technical assistance Technical assistance

    Amendment 50

  • 154. 
    Paragraph 1

    On the request of a project On At the request of a project

  • 155. 
    promoter or Member State, in promoter or Member State, in

    Deleted. B

    accordance with the relevant accordance with the relevant Union funding programmes Union funding programmes and and without prejudice to the without prejudice to the Multi Multi-Annual Financial Annual Financial Framework, Framework, the Union shall the Union shall make available make available technical technical, advisory and assistance for the financial assistance for the implementation of this implementation of this Regulation and the Regulation and the facilitation of facilitation of the the implementation of projects implementation of projects of of common interest at each common interest. stage of the process.

    CHAPTER V CHAPTER V CHAPTER V

  • 156. 
    FINAL PROVISIONS FINAL PROVISIONS FINAL PROVISIONS

    Article 10 Article 10 Article 10

  • 157. 
    Transitional provisions Transitional provisions Transitional provisions

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency

This Regulation shall not This Regulation shall not apply This Directive shall not apply to B

  • 158. 
    apply to the administrative to the administrative procedures projects for which the permitprocedures

    which started which started before the date of granting procedures have started before the date of its entry its entry into force. before … [24 months after the into force. date of entry into force of this Directive]. This Regulation shall not apply to the administrative procedures which started before the date of its entry into force.

    Article 8 shall only apply to such B

  • 159. 
    contracts for which the call for competition has been sent or, in

    cases where a call for competition is not foreseen, where the contracting authority or contracting entity has commenced the procurement procedure, after … [24 months after the date of entry into force of this Directive]. Article 8 shall not apply to a joint B

  • 160. 
    entity set up before … [date of entry into force of this Directive],

    provided that the procurement procedures of that entity continue to be governed by the legislation applicable to its procurements on that date.

  • 161. 
    Article 10a

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Transposition

1.Member States shall bring into C

  • 162. 
    force the laws, regulations and administrative provisions

    necessary to comply with this Directive by 24 months following the entry into force of this Directive. They shall immediately communicate to the Commission the text of those provisions. When Member States adopt those C

  • 163. 
    provisions, they shall contain a reference to this Directive or be

    accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall C

  • 164. 
    communicate to the Commission the text of the main provisions of

    national law which they adopt in the field covered by this Directive.

Article 11 Article 11 Article 11

  • 165. 
    Entry into force Entry into force Entry into force

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency This Regulation shall enter This Regulation shall enter into

  • 166. 
    into force on the twentieth force on the twentieth day

    This Regulation Directive shall

    day following that of its following that of its publication enter into force on the twentieth C publication in the Official in the Official Journal of the day following that of its publication Journal of the European European Union. in the Official Journal of the Union. European Union.

    Amendment 51

  • 167. 
    Paragraph 1 and 2

    However, Articles 4, 5, 6 and 7

  • 168. 
    shall apply in a given Member State from the date when the C

    single competent authority has been designated by that Member State in accordance with Article 5(1). The Commission will publish in the Official Journal a notice when those provisions become applicable in a Member State.

    This Regulation shall be This Regulation shall be binding This Regulation Directive is

  • 169. 
    binding in its entirety and in its entirety and directly adressed to the Member States. directly applicable in all applicable in all Member States.

    Member States.

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency Done at Brussels, Done at ..., Done at Brussels,

170.

For the European Parliament For the European Parliament For the Council

171.

The President The President The President

172.

For the Council For the Council

173.

The President The President

174.

ANNEX

175.

The Annex will be added to this C - scope.

  • 176. 
    Directive and shall be the list of cross-border links and missing

    links in Section 1 "Core Network Corridors and indicative list of pre-identified cross-border links and missing links" of Part III of the Annex of draft Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility and

ANNEX TREE.2.A LIMITE EN

COM proposal European General Approach, Remarks / Compromise proposal COM(2018)277 i Parliament/P8_TA(2019)0109 ST 14401/19 by the Presidency repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014, as set out in the partial Common Understanding, doc. 7207/1/19 REV 1, once adopted.

ANNEX TREE.2.A LIMITE EN


3.

Herziene versies, correcties en addenda

20 mei
'20
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Revised four-column table - Working Party on Transport - Intermodal Questions and Networks: Written consultation
WORKING DOCUMENT
General Secretariat of the Council
15152/4/19 REV 4
27 mrt
'20
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Revised four-column table
WORKING DOCUMENT
General Secretariat of the Council
15152/3/19 REV 3 COR 1
26 mrt
'20
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Revised four-column table
WORKING DOCUMENT
General Secretariat of the Council
15152/3/19 REV 3
19 feb
'20
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Preparation for the second trilogue
WORKING DOCUMENT
General Secretariat of the Council
15152/2/19 REV 2
11 feb
'20
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Revised four-column document
WORKING DOCUMENT
General Secretariat of the Council
15152/1/19 REV 1
19 dec
'19
Proposal for a Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network - Four-column document
WORKING DOCUMENT
General Secretariat of the Council
15152/19 COR 1
 
 
 

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