In its second draft compromise on the streamlining measures for advancing the realisation of the trans-European transport network (TEN-T), dated Wednesday 17 April, of which EUROPE has had a copy, the Romanian Presidency of the Council of the European Union has changed its approach from that of its initial position.
The text submitted here to the national delegations differs significantly from the first one tabled on 20 February and detailed in our previous issue (see EUROPE 12203/12). It should be recalled that these discussions echo the Commission's proposal of 17 May last year, as part of the third mobility package, in which the institution proposed in particular that a single national competent authority should handle the application, evaluation and award procedures for projects of common interest relating to the TEN-T (see EUROPE 12022/11).
The first major paradigm shift envisaged by Bucharest in this document relates to the legal nature of the text. Both in the Commission's proposal and in the first draft compromise, the aim was to establish a regulation on this subject. However, here, it is a directive that is suggested.
Legally, this recommended change has significant consequences in that the Directive is addressed to the Member States and not in an abstract way to all legal or natural persons in the EU, and has a transposition deadline. Bearing in mind the potential for future disputes, this is also significant.
Therefore, the text on the table is less detailed than the Commission's proposal.
It should be noted that the mandatory scope, as in the original proposal, relates only to the core TEN-T network.
In addition, there is no longer any reference here to 'projects of common interest' for the scope of the text. By 'project' intended to contribute to the implementation of the TEN-T, Bucharest means here “the construction or modification of a defined section in the transport infrastructure, which leads to improvement of capacity and efficiency of the infrastructure and whose implementation requires a permit granting procedure”.
Several specific obligations relating to project promoters or authorities are also no longer considered in the text in the context of the project application, selection and authorisation procedures. In addition, still on the procedural side, it should be noted that the Commission had considered three schemes to do so, which are no longer discussed here. The procedural aspects, because the desired text is a directive and no longer a regulation, are naturally less detailed, leaving the Member States more room for manoeuvre.
In addition, while the Commission wishes to limit the full application and selection procedure for projects to 3 years, the draft compromise suggests that this period be extended to 4 years, as recommended in the first text. In the event of unforeseeable circumstances, an extension might be called for.
With regard to the single authority, the Romanian Presidency would like states to have the possibility, where relevant, to designate several competent authorities for this purpose per project/category of projects or per geographical area. This is provided that only one authority is competent for a given project.
Finally, among the changes envisaged by Bucharest, a transposition period of 24 months into the national legal framework of the Member States is provided for after the entry into force of the planned text. As the initial text on the table was a regulation, no transposition period was provided for.
Calendar. This text will soon be discussed in the Council of the EU's Working Party on Transport - Intermodal Questions and Networks. The Romanian Presidency of the Council of the EU would like to reach a political agreement ('general approach') in June.
On the European Parliament's side, due to the unlikeliness of concluding interinstitutional negotiations ('trilogues') on this dossier by the end of the parliamentarians' mandate, they adopted their position at first reading (on a draft regulation) in plenary session on 13 February (see EUROPE 12193/9, 12170/10). (Original version in French by Lucas Tripoteau)