31 Amendments of Lucy ANDERSON related to 2018/0138(COD)
Amendment 30 #
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EU) No 1315/2013 of the European Parliament and of the Council22 sets out a common framework for the creation of state-of-the-art, interoperable networks for the development of the internal market and for the social, economic and territorial cohesion of the Union. The trans- European transport networks (TEN- T) have a dual layer structure: the comprehensive network ensures connectivity of all regions of the Union, as well as the necessary distribution channels to supply the basic network, whereas the core network consists of those elements of the network which are also of the highest strategic importance for the UnionEU and should accordingly should serve as cross-border and multimodal accelerators for a single European transport and mobility area. Regulation (EU) No 1315/2013 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 focuses on cross-border connections that will improve interoperability between the different modes of transport and contribute to the multimodal integration of Union transport. _________________ 22 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(2) Notwithstanding the necessity and binding timelines, experience has shown that many investments aiming to complete the TEN-T are confronted with bureaucratic workload, unclear and complex permit granting procedures, cross- border procurement procedures and other procedures. This situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs. In order to address these issues and make synchronised TEN-T completion possible, harmonised action is necessary, while it discourages new competitors to take part in the tender processes; many times it can also lead to projects being abandoned in the middle of the process. Given that the creation of a Single European Transport Area was confirmed as the ultimate objective of the 2011 White Paper on Transport and in order to address these issues and make synchronised TEN-T completion possible, within the deadline set out in the Regulation (EU) No 1315/2013 of the European Parliament and of the Council, harmonised actions at Union level are required.
Amendment 34 #
Proposal for a regulation
Recital 2
Recital 2
(2) Notwithstanding the necessity and binding timelines, experience has shown that many investments aiming to complete the TEN-T are confronted with complex permit granting procedures, cross-border procurement procedures and other procedures. This situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs. In order to address these issues and make synchronised TEN-T completion possible, simplified and timely harmonised action is necessary at Union level.
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the legal frameworks of many Member States priority treatment is given to certain project categories based on their strategic importance for the economyterritorial, economic and social cohesion of the Union and measures to combat climate change. Priority treatment is characterised by shorter timelines, simultaneous procedures or limited timeframes for appeals while ensuring that the objectives of other horizontal policies are also reached. 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. Where such a framework does not exist, Member States should give priority to the harmonisation of administrative procedures for the issuing of permits and project implementation or, where appropriate, take the necessary steps to facilitate the creation of a joint management entity.
Amendment 40 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the legal frameworks of many Member States priority treatment is given to certain project categories based on their strategic importance for the economy. Priority treatment is characterised by shorter timelines, simultaneous procedures or limited timeframes for appeals while ensuring that the objectives of other horizontal policies are also reached. 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. Member States whose national legal frameworks lack such a priority treatment facility should set up one, at least for projects of common interest in the core network of the TEN-Ts;
Amendment 45 #
Proposal for a regulation
Recital 5
Recital 5
(5) Core networkTEN-T projects should be supported by integrated permit granting procedures to make clear management of the overall procedure possible and to provide a single entry point for investors. Member States should designate a competent authority in accordance with their national legal frameworks and administrative set-ups. Where necessary, the national single competent authority may delegate tasks to other regional, local or other project promotors.
Amendment 52 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Given that too often Member States’ national infrastructure plans are decided without reference to the TEN-T objectives, and therefore without taking into account the deadlines to be met as set out in the Regulation (EU) No 1315/2013, good coordination between the national and the Union level of planning and compliance with the deadlines set out in this regulation should be taken into account when projects are evaluated in terms of the project selection maturity criteria, established by the Connecting Europe Facility.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) Public procurement in cross-border projects of common interest should be conducted in accordance with the Treaty and Directives 2014/25/EU and/or 2014/24/EU. In order to ensure the efficient completion of the cross-border coreTEN-T network projects of common interest, public procurement carried out by a joint management entity should be subject to a single, by joint agreement between the parties, be subject to a single EU or, where appropriate, national legislation. By way of derogation from the Union public procurement legislation, the applicable national rules should in principle be those of the Member State where the joint entity has its registered office. It should remain possible to define the applicable legislation in an intergovernmental agreement.
Amendment 57 #
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission is not systematically involved in the authorisation of individual projects. However, in some cases, certain aspects of the project preparation are subject to clearance at Union level. Where the Commission is involved in the procedures, it will give priority treatment to the Union projects of common interest, which may be managed by a joint management entity agreed on between the parties, and ensure certainty for project promoters. In some cases State aid approval might be required. In line with the Best Practice Code for the conduct of State aid control procedures, Member States may ask the Commission to deal with projects of common interest on the core network of the TEN-T they consider to be of priority with more predictable timelines under the case portfolio approach or the mutually agreed planning.
Amendment 60 #
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objectives of this RegIn order to address the difficulation cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of those objectives, be better achieved at Union level, the Union mayes in coordinating TEN-T award procedures for projects of common interest, it is necessary to cooperate at Union level and adopt measures at EU level in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets outestablishes the requirements applicable to the administrative procedures followed by the competent authorities of the Member States (national, regional or local authorities or other project promoters) in relation to the authorisation and implementation of all projects of common interest on the core network of the trans-European transport networktrans- European transport network relating to Regulation (EU) No 1315/2013 and directly linked to the pre-selected projects listed in Part III of the Annex to the Regulation establishing the ‘Connecting Europe Facility’ 2021-2027 (COM (2018) 438).
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “comprehensive decision” means the decision or set of decisions taken by a Member Statethe competent authorityies orf authorities Member State not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “permit granting procedures” means every procedure that has to be followed or step that has to be taken before the competent authorities of a Member State, under Union or national law, before the project promoter can implement the project; this procedure starts from the date of the official allocation of the file signed by the competent authorities;
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) “Project promoter” means the applicant for authoany public or prisvation for a private project or the public authority which initiates a project;e natural or legal person who, individually or collectively, decides to launch a project and initiates, plans and finances it with own or external funding and monitors the realisation thereof, as well as managing the project and obtaining the necessary permits.
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) "“Cross-border project of common interest"” means a project of common interest according to Article 7 of Regulation (EU) No 1315/2013 covering a cross-border section as defined in point (m) Article 3 of that Regulation which is implemented by a joint entity. within the framework of a cooperation agreement or any other type of agreement between the Member States and third countries or between the Member States and regional or local authorities, for the planning or deployment of transport infrastructure which is implemented by a joint management entity (one-stop shop).
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) “Joint management entity for projects of common interest” means a joint entity established by mutual agreement between the single competent authorities from two or more Member States or Member States and third countries or between regional or local authorities in the Member States for the management and implementation of projects of common interest. This one- stop shop shall have extensive decision- making powers, with EU rules prevailing, facilitating the management of all environmental impact assessments regarding the project, as well as planning and building permits.
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where projects of common interest are considered to be Union priority projects, a joint management entity agreed between the parties may be established to expedite the management and implementation of projects in a harmonised and effective manner.
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. To ensure efficient administrative procedures related to projects of common interest, project promoters and all authorities concerned shall ensure that the most rapid treatment legally possible is given to these projects, including as regards the evaluation of the project selection maturity criteria and the resources allocated.
Amendment 95 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In order to meet the time limits set out in Article 6 and reduce the administrative burden related to the completion of projects of common interest, all the administrative procedures resulting from the applicable law, both national and of the Unionincluding the relevant environmental assessments, both at national and Union level, shall be integrated and result in only one comprehensive decision.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. IWithout prejudice to the deadlines set out in Article 6 of this regulation, in the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Directive 2011/92/EU of the European Parliament and of the Council and other Union law, Member States shall ensure that joint procedures within the meaning of Article 2(3) of Directive 2011/92/EU are provided for.
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … (OP please insert the date one year of the entry into force of this Regulation)[...] and in any event no later than 31 December 2020, each Member State shall designate one single competent authority which shall be responsible for facilitating the permit granting process and the management and implementation of projects of common interest, including for making the comprehensive decision.
Amendment 126 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedure. Without prejudice to the deadlines set out in Article 6 of this regulation, where other authorities are concerned by the project, they may give their opinion as input to the procedure, in accordance with national legislation. This opinion shall be taken into account by the single competent authority.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. IfWhere a project of common interest requires decisions to be taken in two or more Member States, the respective competent authorities shall take all the necessary steps for or in Member States and third countries, or in agreement between the Member States and regional or local authorities, the respective competent authorities may, by mutual agreement, establish a joint management entity for the purpose of enhancing effective, efficient and effectiveharmonised cooperation and coordination among themselvin the management and implementation of projects of common interest. Without prejudice to obligations arising under applicable Union and international law, Member States shall endeavour to provide for joint procedures, particularly with regard to the assessment of environmental impactsthis one-stop shop shall have extensive decision-making powers, with EU rules prevailing, facilitating the management of all environmental impact assessments relating to the project, together with planning and building permits. When the entities responsible for the projects are regional or local authorities or other project promotors, a joint management entity may also be established by mutual agreement between the parties concerned. Paragraphs 2, 3, 4 of this Article shall apply to this joint management entity.
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. 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 year18 months.
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In order to launch the permit granting procedure, the project promoter shall notify the single competent authority of the Member States concerned about the project in writing, and shall include a detailed description of the project. No later than twoone months following the receipt of the above notification, the single competent authority shall either acknowledge it or, if it considers that the project is not mature enough to enter the permit granting procedure, reject the notification in writing. If the single competent authority decides to reject the notification, it shall justify its decision. The date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure. If two or more Member States are concerned, the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure.
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 4 – point b – point i
Article 6 – paragraph 4 – point b – point i
(i) the decisions, assessments and opinions to be obtained;
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The project promoter shall submit the application file based on the detailed application outline within the period of 215 months from the receipt of that detailed application outline. After the expiry of that period, the detailed application outline is no longer considered applicable, unless the single competent authority decides to prolong that period, no longer than 3 months, on the basis of a justified request from the project promoter.
Amendment 171 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. In this case, in order to speed up the decision-making process, the respective competent authorities may, by mutual agreement, establish a joint management entity under Article 5 and Article 3(2a) (new).
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The European Coordinator referred to in Article 45 of Regulation (EU)² No 1315/2013 and hence the Commission shall be empowered to closely follow the permit granting procedure for cross-border projects of common interest and, facilitate their synchronisation and cooperate to facilitate contacts between the involved competent authorities. If a joint management entity is established, the role of the coordinator shall be to promote and consolidate the common European interest.
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Without prejudice to the obligation to comply with the time limits under this Regulation, the Commission shall be kept informed about proceedings and if the time-limit for the comprehensive decision is not observed, the competent authority shall immediately inform the European Coordinator and the Commission concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay. The European Coordinator and the Commission may request the competent authority to regularly report on progress achieved.
Amendment 176 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In case the procurement procedures are conducted by a joint management entity set up by the participating Member States, that entity shall apply by mutual agreement between the parties, the EU legislation or agreed joint cross-border provisions or, where appropriate, the national provisions of one of those Member States and, by way of derogation from these Directives, those provisions shall be the provisions determined in accordance with point (a) of Article 57(5) of Directive 2014/25/EU of the European Parliament and of the Council or point (a) of Article 39(5) of Directive 2014/24/EU of the European Parliament and of the Council, as applicable, unless an agreement between the participating Member States provides otherwise. Such an agreement shall in any case provide for the application of a single EU legislation or agreed cross- border provisions or a single national legislation, if so decided, in case of the procurement procedures conducted by a joint management entity.