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Image header Agence Europe
Europe Daily Bulletin No. 13015
Contents Publication in full By article 12 / 32
SECTORAL POLICIES / Transport

Czech Presidency of EU Council clarifies some rules on derogations for Member States over TEN-T maritime infrastructure

On Thursday 8 September, Member States will discuss the latest version of the Czech Presidency’s compromise text on the third chapter of the proposal for the revision of the Trans-European Transport Network (TEN-T) regulation (see EUROPE 12996/7) at a meeting of the Council of the EU’s Working Party on Transport – Intermodal Questions and Networks.

The compromise document of the Czech Presidency of the Council of the EU refers in particular to the transport infrastructure requirements for the core and overall TEN-T in respect of the maritime area. It also reformulates some of the conditions under which a Member State may request a derogation for infrastructure needs, such as those relating to improved environmental performance or multimodal terminals.

The document confirms that a Member State could derogate from the targets set “as a result of specific significant geographical or physical constraints, a negative socio-economic cost-benefit analysis or potential negative environmental or biodiversity impacts”. However, the document adds that a Member State could request that several derogations are granted in one single application.

The European Commission could grant these derogations by means of implementing acts and would be responsible for informing the other Member States. This process would be valid for the overall and core TEN-T.

In addition, the document reviews the market analysis and the prospective analysis of multimodal freight terminals located on the territory of Member States. This analysis should take place within three years of the entry into force of the regulation and Member States should notify the results of this analysis to the European Commission “without delay”.

If this analysis shows the need to create new multimodal freight terminals or the need to increase the transhipment capacity of existing terminals, Member States should develop a strategic framework for the development of a network of multimodal freight terminals.

This policy framework should be notified to the European Commission no later than twelve months after the analysis has been finalised. Member States should then, on the basis of this policy framework, notify the Commission of a list of terminals that they propose to add.

Still on the subject of multimodality, the text finally specifies that these TEN-T freight terminals “should” be able to accommodate 740-metre long trains by 31 December 2040 at the latest. In the event that this is not “economically viable”, “adequate” measures to improve accommodation of these trains should be put in place. By 31 December 2050, the terminals affected by the text should be able to accommodate these trains without the need for manipulation.

Again, derogations could be granted by the Commission – by means of implementing acts – “on the grounds of significant specific geographical or significant physical constraints, in particular where the terminal is located in a spatially restricted area, or negative socio-economic cost-benefit analysis or potential negative impacts on environment or biodiversity”.

See the document: https://aeur.eu/f/2yn (Original version in French by Thomas Mangin)

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