The European Parliament adopted a legislative resolution approving the Council's first-reading position with a view to the adoption of a directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T).

The proposed directive is part of the third ‘Europe on the move’ mobility package, which aims to make European mobility safer, cleaner, more efficient and more accessible. The main aim of the directive is to simplify the authorisation rules in order to facilitate the completion of the trans-European transport network (TEN-T) . It also aims to bring greater clarity to the processes which project promoters need to follow, in particular as regards permit granting, public procurement and other procedures.

Scope of application

The Directive should cover:

- the pre-identified cross-border links and missing links of the TEN-T core network corridors as contained in section 1 of part III of the Regulation Connecting Europe Facility 2021-2027;

- projects on the core network corridors exceeding EUR 300 million. Not included are the projects that exclusively relate to telematics applications, new technology and innovation as defined in the TEN-T Regulation .

Member States can choose to extend the scope of application of this Directive to all projects on the core network or even of the comprehensive network.

Priority status

Member States should ensure that authorities give priority to projects covered by the Directive in granting procedures. They will also be able to test specific permit-granting procedures for priority projects which already exist under national law by allowing for testing specific permit-granting procedures.

Designated authority

The Council position defines the role and responsibility of the designated authority, which will be the main contact point for information to the project promoter and will also provide guidance on the provision of all relevant documents and information on request.

The Directive also sets a deadline for the designation of this authority, namely 24 months after the entry into force of the Directive.

Duration and organisation of the authorisation procedure

In order to provide sufficient flexibility with regard to the deadline for the completion of the authorisation procedure, the Directive sets the overall deadline for the authorisation procedure at four years. In addition, two extensions of this period may be granted in duly justified cases.

The different phases of the authorisation procedure are merged into one, in the interests of simplification. At the same time, the Directive allows Member States to establish different stages during the four-year period in accordance with their national law.

Coordination of cross-border authorisation procedures - role of the European coordinators

The Directive ensures that Member States' authorities will cooperate in the case of cross-border projects as regards the granting of authorisations. It also provides that the European coordinators will receive information on the authorisation procedure, facilitate contacts between the designated authorities and request information when deadlines are not met.

Reporting

The Directive adds a reporting obligation for Member States to inform the Commission every two years on the number of permit-granting procedures falling within the scope of this Directive, the average length of the procedures, the number of permit-granting procedures exceeding the time limit and the establishment of any joint authorities. The Commission can accept this amendment.

Transposition

As the co-legislators agreed to change the legal nature of the proposal by transforming the Regulation into a Directive, the transposition period is set at 24 months after the entry into force of the Directive.

The European Parliament adopted by 443 votes to 156, with 14 abstentions, a legislative resolution on the 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.

The European Parliament adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Projects of common interest

The trans-European transport networks (TEN-T) have a dual layer structure: the core network comprises those parts of the network which have the greatest strategic significance for the Union, and the comprehensive network ensures connectivity between all regions in the Union. This Regulation sets out requirements applicable to the administrative procedures followed by the competent authorities of Member States in relation to the authorisation and implementation of all projects of common interest on the core network of the trans-European transport network relating to Regulation (EU) No 1315/2013, including the pre-selected projects listed in Part III of the Annex to the Regulation establishing the ‘Connecting Europe Facility’ 2021-2027.

Member States may decide to extend the application of all provisions of this Regulation, as a block, to projects of common interest on the comprehensive network of the trans-European transport network.

Procedures for granting authorisations

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 permit granting procedures resulting from the applicable law, including the relevant environmental assessments, both at national and Union level, shall be integrated and result in only one comprehensive decision, without prejudice to transparency, public participation, environmental and safety requirements under Union law.

Deadlines

Parliament introduced clear, specific deadlines at each stage of the permit granting procedure. 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 18 months (instead of two years). A maximum period for the whole of this procedure has also been introduced – and reduced to less than three years.

Single competent authority

Member States should designate a single competent authority so that core network projects may benefit from the integration of permitting procedures and a single point of contact for investors. Members suggested that the single competent authority may, if necessary, delegate this competence, obligations and tasks to another authority at the appropriate administrative level (regional, local or other).

Joint authority for cross-border projects

Members proposed that the respective competent authorities may establish a joint competent authority if a project of common interest requires decisions to be taken in two or more Member States, or in one or more Member States and one or more third countries.

Financial assistance from the Union

A new provision has been introduced to take into account the respect of the deadlines set by the Regulation as one of the selection criteria for projects submitted to the Connecting Europe Facility (CEF). Delays with regards to the stages and deadlines set out in the Regulation would justify an investigation of the progress of the project and the revision of the financial assistance received from the Union under the CEF and may lead to a reduction or withdrawal of financial assistance.

Technical assistance

At the request of a project promoter or a Member State, the Union shall make available technical assistance, advisory services and financial assistance for the implementation of the Regulation and the facilitation of the implementation of projects of common interest at each stage of the process.

The Committee on Transport and Tourism adopted the report by Dominique RIQUET (ALDE, FR) on the 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.

As a reminder, the proposed Regulation lays down the requirements for the administrative procedures applied by the competent authorities of the Member States for the authorisation and implementation of all projects of common interest concerning the core network of the trans-European transport network.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Projects of common interest

Members specified that the Regulation should only apply to EU projects recognised as projects of common interest under Regulation (EU) No 1315/2013 on the central network of the trans-European transport network. However, Member States may decide to extend the application of all provisions of this Regulation, as a block, to projects of common interest on the comprehensive network of the trans-European transport network

Deadlines

Members introduced clear, specific deadlines at each stage of the permit granting procedure. 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 18 months (instead of two years). A maximum period for the whole of this procedure has also been introduced – and reduced to less than three years.

Single competent authority

Member States should designate a single competent authority so that core network projects may benefit from the integration of permitting procedures and a single point of contact for investors. Members suggested that the single competent authority may, if necessary, delegate this competence, obligations and tasks to another authority at the appropriate administrative level (regional, local or other).

Cross-border projects

Members proposed that the respective competent authorities may establish a joint competent authority if a project of common interest requires decisions to be taken in two or more Member States, or in one or more Member States and one or more third countries.

Financial assistance from the Union

A new provision has been introduced to take into account the respect of the deadlines set by the Regulation as one of the selection criteria for projects submitted to the Connecting Europe Facility (CEF). Delays with regards to the stages and deadlines set out in the Regulation would justify an investigation of the progress of the project and the revision of the financial assistance received from the Union under the CEF and may lead to a reduction or withdrawal of financial assistance.

PURPOSE: to streamline permit granting procedures for the implementation of TEN-T (Trans-European Transport Network) core network projects.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: this initiative is part of the third ‘Europe on the Move’ package , which delivers on the new industrial policy strategy of September 2017, and is designed to complete the process of enabling Europe to reap the full benefits of the modernisation of mobility.

Investment in transport infrastructure significantly contributes to achieving these objectives. In particular, the completion of the Trans-European Network for Transport (TEN-T) core network and its corridors is expected to generate an additional EUR 4.500 billion or 1.8% of EU GDP and account for 13 million job-years until 2030.

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,, harmonised action is necessary at Union level.

IMPACT ASSESSMENT: the policy options were based on increasing levels of intervention, ambition and ‘cumulative’ expected impact. The preferred option is that of a limited binding action to be decentralised and implemented at national level.

The specific expected benefits should be as follows:

time savings in the permit granting procedures; 5 billion in user cost savings; mobilisation, before 2025, of 84% of total investment in the TEN-T core network; 700 million and an estimated reduction in CO2 emissions of 2.686 thousand tonnes for the period 2018-2030; 150 million net savings for project promoters and public authorities.

CONTENT: the proposed Regulation seeks the effective and timely completion of TEN-T across the Union , by reducing the risk of delays and increasing the level of certainty for project promoters and investors as regards the length of the applicable procedures. Another objective is to facilitate the involvement of private investors and provide more clarity on public consultations.

The main elements of the proposal are as follows:

Priority status of projects of common interest : e ach 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.

Where priority status exists under national law, 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.

Integration of the permit granting procedures : the proposal requires that the authorisation of TEN-T projects is handled by one single authority that manages and takes ownership of the overall process and acts as the single entry point for project promoters and other investors.

The proposal deals with the designation and role of such an authority and defines the procedural steps leading to a comprehensive decision authorising the investor to go ahead with the project.

Permit granting procedures are be expected to last up to a maximum of three years which is a significant improvement in comparison to the current situation.

Coordination : the proposal stresses the importance of coordinating permit granting procedures across borders and strengthens the role of the European Coordinators in monitoring the permit granting procedure.

Public procurement : the proposal provides for the application of only one legal framework on public procurement for cross-border projects. Unless otherwise specified in an intergovernmental agreement, joint entities developing such projects will apply a single national legislation to procure works and services when implementing the project.