Activities of Inés AYALA SENDER related to 2018/0138(COD)

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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~~territorial, 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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Recital 5

(5) ~~Core network~~TEN-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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Recital 8

(8) Given the urgency to complete the TEN-T core network as soon as possible, the simplification of permit granting procedures should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project. This time limit should stimulate a more efficient handling of procedures and should, under no circumstances, compromise the Union's high standards for environmental protection and public participation.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Recital 10

(10) Cross-border TEN-T infrastructure projects face particular challenges as regards the coordination of permit granting procedures. The European Coordinators ~~should~~and Commission will be empowered to monitor and follow up these procedures and facilitate their synchronisation and completion.

2018/10/19
Committee: TRAN

Proposal for a regulation
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 ~~core~~TEN-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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Recital 14

(14) ~~Since the objectives of this Reg~~In order to address the difficulati~~on cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of those objectives, be better achieved at Union level, the Union may~~es 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.

2018/10/19
Committee: TRAN

Inés AYALA SENDER, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Proposal for a regulation
Recital 15

(15) For reasons of legal certainty, the administrative procedures which started prior to the entry into force of this Regulation should not be subject to the provisions of this Regulation, unless otherwise decided with the agreement of those concerned.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1

This Regulation ~~sets out~~establishes 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 network~~trans- 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).

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) “comprehensive decision” means the decision or set of decisions taken by a Member State authority or authorities or a joint management entity set up by mutual agreement between the parties, 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;

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) “comprehensive decision” means the decision or set of decisions taken by ~~a Member State~~the competent authorityies orf a~~uthorities~~ 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;

2018/10/19
Committee: TRAN

Proposal for a regulation
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 authorities of a Member State, or a joint management entity established by mutual agreement between the parties under Union or national law, before the project promoter can implement the project;

2018/10/19
Committee: TRAN

Inés AYALA SENDER, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) “Project promoter” means ~~the applicant for autho~~any public or prisvat~~ion 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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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).

2018/10/19
Committee: TRAN

Inés AYALA SENDER, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 3 – paragraph 1

1. Each TEN-T project of common interest ~~on the TEN-T core network~~ shall be subject to an integrated permit granting procedure managed by a single competent authority designated by each Member State in accordance with Articles 5 and 6.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 3 – paragraph 3

3. To ensure efficient administrative procedures related to projects of common interest, project promoters and all authorities concerned, as well as the joint management entity, shall ensure that the most rapid treatment legally possible is given to these projects, including as regards the resources allocated.

2018/10/19
Committee: TRAN

Proposal for a regulation
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 Union~~including the relevant environmental assessments, both at national and Union level, shall be integrated and result in only one comprehensive decision.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part

The responsibility of the single 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 regional, local or other administrative level, per project of common interest or per particular category of projects of common interest, under the following conditions:

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
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 ~~effective~~harmonised cooperation ~~and coordination among themselv~~in 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 impacts~~this 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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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 year~~18 months.

2018/10/19
Committee: TRAN

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
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 or the joint management entity where appropriate, about the project in writing, and shall include a detailed description of the project. No later than two 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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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 ~~two~~one 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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Within three months of the start of the permit granting procedure, the single competent authority or the joint management entity where appropriate, in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3, shall establish and communicate to the project promoter a detailed application outline, containing:

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 6 – paragraph 4 – point b – point i

(i) the decisions, assessments and opinions to be obtained;

2018/10/19
Committee: TRAN

5. In order to ensure that the application file is complete and of adequate quality, the project promoter shall seek the single competent authority's opinion or that of the joint management entity on its application as early as possible during the pre-application procedure. The project promoter shall cooperate fully with the single competent authority to meet deadlines and comply with the detailed application outline as defined in paragraph 4.

2018/10/19
Committee: TRAN

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
Article 6 – paragraph 6

6. The project promoter shall submit the application file based on the detailed application outline within the period of 21 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 or, where appropriate, the joint management entity decides to prolong that period, on the basis of a justified request from the project promoter.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 6 – paragraph 7

7. At the latest within the period of two months from the date of submission of the complete application file, the competent authority or joint management entity shall acknowledge in writing the completeness of the application file and communicate it to the project promoter. The application file submitted by the project promoter shall be considered as being complete, unless, within the period of two months from the date of submission, the competent authority makes a request regarding missing information to be submitted by the project promoter. That request shall be limited, as regards the material scope and level of detail, to the elements identified in the detailed application outline. Any additional request for information shall only result from exceptional and unforeseen new circumstances and shall be duly justified by the single competent authority.

2018/10/19
Committee: TRAN

Proposal for a regulation
Article 6 – paragraph 8

8. The single competent authority or, where appropriate, the joint management entity shall assess the application and adopt a comprehensive decision within the period of one year from the date of submission of the complete application file in accordance with paragraph 7. Member States may set an earlier time-limit, where appropriate.

2018/10/19
Committee: TRAN

Proposal for a regulation
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).

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN

Proposal for a regulation
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.

2018/10/19
Committee: TRAN