52009PC0113

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 28.4.2009

COM(2009) 113 final

2009/0037 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down general rules for the granting of Community financial aid in the field of trans-European networks

( codified version)

EXPLANATORY MEMORANDUM

1. In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.

For this reason a codification of rules that have frequently been amended is also essential if Community law is to be clear and transparent.

2. On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this[2] stressing the importance of codification as it offers certainty as to the law applicable to a given matter at a given time.

Codification must be undertaken in full compliance with the normal Community legislative procedure.

Given that no changes of substance may be made to the instruments affected by codification , the European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.

4. The purpose of this proposal is to undertake a codification of Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks[3]. The new Regulation will supersede the various acts incorporated in it[4]; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

5. The codification proposal was drawn up on the basis of a preliminary consolidation , in all official languages, of Regulation (EC) No 2236/95 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by means of a data-processing system . Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table set out in Annex III to the codified Regulation.

ê 2236/95 (adapted)

2009/0037 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down general rules for the granting of Community financial aid in the field of trans-European networks (codified version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 156 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[7],

Whereas:

ê

1. Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks[8] has been substantially amended several times[9]. In the interests of clarity and rationality the said Regulation should be codified.

ê 2236/95 Recitals 4 and 6 (adapted)

2. Article Ö 155 Õ of the Treaty provides that the Community shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks and that it may support the financial efforts of the Member States to establish trans-European networks. Under Ö that Õ Article Community aid may be granted to projects of common interest which are identified in the framework of the guidelines.

ê 2236/95 Recital 5 (adapted)

3. General rules should be laid down for the Community financing of trans-European networks, thereby permitting implementation of Article Ö 155 Õ.

ê 2236/95 Recital 8

4. Involvement of private capital funding trans-European networks should be increased and the partnership between the public and private sectors developed.

ê 2236/95 Recital 9 (adapted)

5. Community aid may take the form in particular of feasibility studies, loan guarantees or interest subsidies. These subsidies and guarantees relate in particular to financial support from the European Investment Bank or other public or private financial bodies. In certain duly justified cases direct grants to investments may be considered.

ê 2236/95 Recital 10 (adapted)

6. Loan guarantees Ö should Õ be granted on a commercial basis by the European Investment Fund or by other financial organisations. Community financial aid may cover all or part of the premiums paid by the beneficiaries of these guarantees.

ê 2236/95 Recital 11

7. Community aid is chiefly intended to overcome any financial obstacles which may arise during the start-up phase of a project.

ê 2236/95 Recital 12 and 807/2004 Recital 2 (adapted)

8. It is necessary to set a limit for Community aid in relation to the total cost of investment. Ö However, a higher rate of Community aid to promote completion of the cross-border connections for the priority projects should be provided. Õ

ê 807/2004 Recital 5

9. The establishment of public-private partnerships (or of other forms of cooperation between the public and private sectors) demands a firm financial commitment from institutional investors which is sufficiently attractive to raise private capital. Granting Community financial aid on a multiannual basis would remove the uncertainties which are slowing down project development. Measures should therefore be taken to grant financial support to the projects selected on the basis of a multiannual legal commitment.

ê 2236/95 Recital 13 (adapted)

10. Community aid Ö should Õ be granted to projects on the basis of how much they contribute to the objectives of Article Ö 154 Õ of the Treaty and the other objectives and priorities covered by the guidelines referred to in Article Ö 155 Õ of the Treaty. Account should also be taken of other aspects such as the stimulative effect on public and private finance, the direct and indirect socio-economic effects of projects, in particular on employment, and the consequences for the environment.

ê 1655/1999 Recital 4 (adapted)

11. It is appropriate to allow risk capital participation in investment funds with a priority focus on providing risk capital for trans-European network projects up to 1% of the overall amount for the period 2000 to 2006 in order to gain experience with this form of financing. This limit may be increased up to 2% following a review of the functioning of this instrument. It is also appropriate to examine its possible future extension.

ê 1655/1999 Recital 5

12. It is desirable, in order to increase transparency and to meet expectations for projects or groups of projects having important financial needs for a long period, that indicative multiannual programmes in specific sectors or fields should be drawn up. Those programmes should indicate the total and annual amount of support which could be allocated for a given period to such project or groups of projects, and which should serve as a reference for the annual decisions to grant financial aid within the yearly budgetary appropriations, when they conform to the relevant indicative multiannual programmes. However, the annual amounts indicated in these programmes do not amount to budgetary commitments.

ê 2236/95 Recital 14

13. The Commission must carefully evaluate the potential economic viability of the projects, with the help of cost/benefit analyses and other appropriate criteria, as well as their financial profitability.

ê 2236/95 Recital 15 (adapted)

14. Community financial support under Article Ö 155 Õ(1) Ö , third indent, Õ of the Treaty must be compatible with Community policies, in particular on networks and as regards environmental protection, competition and the award of public contracts. Environmental protection Ö should Õ include an environmental impact assessment.

ê 2236/95 Recital 16

15. It is necessary to clarify the respective powers and responsibilities of Member States and the Commission with regard to financial control.

ê 2236/95 Recital 17

16. The Commission must ensure proper coordination of all Community activities, especially between financing under trans-European networks, and that of the Structural and Cohesion Funds, of the European Investment Fund and of the European Investment Bank, affecting trans-European networks.

ê 2236/95 Recital 18

17. Provision should be made for suitable methods of evaluation, follow-up and control of Community aid.

ê 2236/95 Recital 19

18. There should be suitable information, publicity and transparency regarding the activities financed.

ê 1655/1999 Recital 12 (adapted)

19. Given the importance of the trans-European networks, it is appropriate to include Ö in this Regulation Õ a financial framework within the meaning of Ö point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure[10] Õ, of EUR 4 600 million for its implementation for the period 2000 to 2006.

ê 1655/1999 Recital 13 (adapted)

20. It is appropriate that the Council examines whether to continue or to amend the measures under Ö this Õ Regulation in the light of the comprehensive report submitted by the Commission before the end of 2006.

ê

21. The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[11].

ê 2236/95

HAVE ADOPTED THIS REGULATION:

ê 2236/95 (adapted)

Article 1

Definition and Scope

This Regulation defines the conditions and procedures for granting Community aid to projects of common interest in the field of trans-European networks for transport, telecommunications and energy infrastructures under Article Ö 155 Õ(1) Ö, third indent, Õ of the Treaty.

Article 2

Eligibility

Community aid may be granted only to projects of common interest (hereinafter referred to as ‘projects’) identified within the framework of the guidelines referred to in Article Ö 155 Õ(1) Ö, first indent, Õ of the Treaty.

Parts of projects shall also be eligible in so far as they form technically and financially independent units.

ê 1655/1999 Art. 1 pt. 3 (adapted)

Article 3

Forms of aid

1. Community aid for projects may take one or several of the following forms:

(a) co-financing of studies related to projects, including preparatory, feasibility and evaluation studies, and other technical support measures for these studies. Community participation may in general not exceed 50% of the total cost of a study. Ö In exceptional, duly substantiated cases, at the initiative of the Commission and with the consent of the Member States concerned, Community participation may exceed the limit of 50%; Õ

ê 1655/1999 Art. 1 pt. 3 (adapted)

(b) subsidies of the interest on loans granted by the European Investment Bank or other public or private financial bodies. As a general rule, the duration of the subsidy shall not exceed five years;

(c) contributions towards Ö premiums Õ for Ö loan Õ guarantees from the European Investment Fund or other financial institutions;

(d) direct grants to investments in duly justified cases;

ê 1655/1999 Art. 1 pt. 3 (adapted)

(e) risk-capital participation for investment funds or comparable financial undertakings with a priority focus on providing risk capital for trans-European network projects and involving substantial private-sector investment; such risk-capital participation shall not exceed 1% of the budgetary resources under Article Ö 19 Õ. In accordance with the procedure Ö referred to Õ in Article Ö 18(2) Õ, this limit may be increased up to 2% as from 2003 in the light of a review, to be presented to the European Parliament and the Council by the Commission, of the functioning of this instrument. Ö The participation may be made directly into the fund or comparable financial undertaking or into an appropriate co-investment vehicle managed by the same fund managers. Õ. Further modalities of implementation of this risk-capital participation are laid down in Annex Ö I Õ.

Ö 2. The Õ Community Ö aid referred to in paragraph 1 Õ shall be combined where appropriate, in order to maximise the stimulus provided by the budgetary resources deployed, which shall be used in the most economical way.

Ö 3. Õ The forms of Community aid referred to Ö in paragraph 1 Õ shall be used selectively to take account of the specific characteristics of the various types of network involved and to ensure that such aid does not cause distortions of competition between undertakings in the sector concerned.

Ö 4. Õ The funding for transport infrastructure projects throughout the period referred to in Article Ö 19 shall Õ be used in such a way that at least 55% is devoted to railways (including combined transport) and a maximum of 25% to roads.

Ö 5. Õ The Commission shall specifically promote recourse to private sources of financing for projects funded under this Regulation where the multiplier effect of Community financial instruments can be maximised in public-private partnerships. Each case shall be examined individually by the Commission, with account taken where appropriate of a possible alternative financed solely with public resources. The support of each Member State concerned shall be required for each project in accordance with the Treaty.

ê 2236/95 Art. 5

Article 4

Conditions for Community aid

1. Community aid shall be granted, in principle, only if achievement of a project meets financial obstacles.

2. Community aid shall not exceed the minimum considered necessary for the launch of a project.

ê 807/2004 Art. 1 pt. 1(a)

3. Regardless of the form of intervention chosen, the total amount of Community aid under this Regulation shall not exceed 10% of the total investment cost. However, the total amount of Community aid may exceptionally reach 20% of the total investment cost in the following cases:

(a) projects concerning satellite positioning and navigation systems, as provided for in Article 17 of Decision No 1692/96/EC of the European Parliament and of the Council[12];

(b) priority projects on the energy networks;

(c) sections of the projects of European interest, provided that the projects are started before 2010, identified in Annex III to Decision No 1692/96/EC with the aim of eliminating bottlenecks and/or filling in missing sections, if such sections are cross border or cross natural barriers, and contribute to the integration of the internal market in an enlarged Community, promote safety, ensure the interoperability of the national networks and/or strongly contribute to the reduction of imbalances between modes of transport, in favour of the most environment-friendly modes. This rate shall be differentiated according to the benefits to other countries, in particular neighbouring Member States.

ê 1159/2005 Art. 1

In the case of projects of common interest identified in Annex I to Decision No 1336/97/EC of the European Parliament and of the Council[13], the total amount of Community aid granted under this Regulation may reach 30% of the total investment cost.

ê 2236/95

4. The financial resources provided for under this Regulation shall not, in principle, be assigned to projects or stages of projects which benefit from other sources of Community funding.

ê 807/2004 Art. 1 pt. 1(b)

5. In the case of projects referred to in paragraph 3, within the limits of this Regulation, the legal commitment shall be multiannual and the budgetary commitments shall be met in annual instalments.

ê 1655/1999 Art. 1 pt. 5 (adapted)

Article 5

Community indicative multiannual programme

1. Without prejudice to the application of Article 6 and in order to improve the efficiency of the Community's action, the Commission may, in accordance with the procedure Ö referred to Õ in Article Ö 18(2) Õ, elaborate by sector an indicative multiannual programme (hereinafter Ö referred to as Õ ‘programme’) on the basis of the guidelines referred to in Article 155 Ö (1) Õ of the Treaty. The programme will be based on applications for financial aid under Article 8 and reflect, inter alia, information provided by Member States, in particular the information set out in Article 9.

ê 1655/1999 Art. 1 pt. 5

2. The programme shall be composed exclusively of projects of common interest and/or coherent groups of projects of common interest, as previously identified within the framework of the guidelines referred to in Article 155(1) of the Treaty, in specific fields having substantial financial needs over a long period.

ê 1655/1999 Art. 1 pt. 5 (adapted)

3. For each project or group of projects the programme will establish the indicative amounts for the granting of financial aid subject to the annual decisions of the budgetary authority. No more than 75% of the budgetary resources under Article Ö 19 Õ shall be used for the purposes of indicative multiannual programmes.

4. The programme shall serve as a reference for the annual decisions allocating Community aid for projects within the annual budgetary appropriations. The Commission shall regularly inform the Committee referred to in Article Ö 18(1) Õ of the progress of programmes and any decisions taken by the Commission in allocating Community aid for Ö those Õ projects. The supporting documents accompanying the Commission's preliminary draft budget shall include a report concerning progress in the implementation of each multiannual indicative programme in accordance with Council Regulation (EC, Euratom) No 1605/2002[14].

The programme must be reviewed, at least at mid-term or in the light of the effective progress of the Ö projects Õ, and if necessary revised, in accordance with the procedure Ö referred to Õ in Article Ö 18(2) Õ.

ê 1655/1999 Art. 1 pt. 5

The programme shall also give an indication of other sources of financing for the projects concerned, in particular from other Community instruments and the European Investment Bank.

ê 1655/1999 Art. 1 pt. 5 (adapted)

5. Ö If Õ substantial changes in the implementation of the Ö projects Õ take place, the Member State concerned Ö shall Õ inform the Commission without delay.

Modifications to the indicative global amounts established by the programme for the Ö projects Õ, which may be necessary following these changes, shall be decided in accordance with the procedure Ö referred to in Õ Article Ö 18(2) Õ.

ê 2236/95 (adapted)

Article 6

Project selection criteria

1. Projects shall be assisted according to their degree of contribution to the objectives set out in Article Ö 154 Õ of the Treaty and to the other objectives and priorities defined in the guidelines referred to in Article Ö 155 Õ(1) of the Treaty.

ê 1655/1999 Art. 1 pt. 6 (adapted)

Ö 2. Õ In its implementation of this Regulation, the Commission shall ensure the conformity of its decisions on granting Community aid with the priorities laid down in the guidelines for the different sectors established pursuant to Article 155(1) of the Treaty. This shall include their conformity with any requirements which may be laid down in those guidelines in terms of a percentage of total Community aid.

ê 2236/95 (adapted)

Ö 3. Õ Community aid shall be assigned to projects that are potentially economically viable and for which the financial profitability at the time of application is deemed insufficient.

Ö 4. Õ The decision to grant Community Ö aid Õ should also take account of:

(a) the maturity of the project;

(b) the stimulative effect of community intervention on public and private finance;

(c) the soundness of the financial package;

(d) direct or indirect socio-economic effects, in particular on employment;

(e) the environmental consequences.

Ö 5. Õ Especially in the case of cross-border projects, coordination of the timing of different parts of the project shall also be taken into account.

ê 2236/95

Article 7

Compatibility

The projects financed under this Regulation shall comply with Community law and Community policies, in particular in relation to environmental protection, competition and the award of public contracts.

ê 1655/1999 Art. 1 pt. 7 (adapted)

Article 8

Submission of applications for financial aid

Applications for financial aid shall be submitted to the Commission by the Member States concerned or, with the agreement of the Member State(s), by the public or private undertakings or bodies directly concerned.

Ö The Commission shall establish the agreement of the Member States concerned. Õ

ê 2236/95

Article 9

Information required for the assessment and identification of applications

ê 2236/95 (adapted)

1. Each application for financial aid shall include all the information necessary for the examination of the project according to Articles Ö 4 Õ, 6 and 7, and in particular:

(a) if the application concerns a project:

Ö (i) Õ the body responsible for carrying out the project Ö ; Õ

Ö (ii) Õ a description of the project concerned and the type of Community aid envisaged Ö ; Õ

Ö (iii) Õ the results of the cost/benefit analyses, including the results of the potential economic viability analysis and of the financial profitability analysis Ö ; Õ

Ö (iv) Õ the position of the project, according to the guidelines, in the field of transport, on the axes and nodes Ö ; Õ

Ö (v) Õ consistency with regional planning Ö ; Õ

Ö (vi) Õ a summary description of the environmental impact, based on the assessments carried out in accordance with Council Directive 85/337/EEC[15] Ö ; Õ

Ö (vii) Õ a statement that alternative possibilities of public and private financing, including the European Investment Fund and the European Investment Bank, have been examined Ö ; Õ

ê 1655/1999 Art. 1 pt. 8 (adapted)

Ö (viii) Õ a financial plan listing, in euro or in national currency, all the components of the financial package, including the financial aid requested from the Community, in its different forms as mentioned in Article Ö 3(1) Õ, and from local, regional or national government bodies, as well as from private sources, and the aid already granted;

ê 2236/95

(b) if the application relates to a study, the study's objective and purpose and the methods and techniques envisaged;

(c) a provisional timetable of work;

(d) a description of the control measures to be operated by the Member State concerned over the use of the funds requested.

ê 1655/1999 Art. 1 pt. 9

2. Applicants shall supply the Commission with any relevant additional information which it requires, such as the parameters, guidelines and hypotheses on which the cost/benefit analysis is based.

ê 2236/95

3. The Commission may seek any specialist advice it requires in order to assess an application, including the opinion of the European Investment Bank.

ê 1655/1999 Art. 1 pt. 10 (adapted)

Article 10

Grant of financial aid

In accordance with Article 274 of the Treaty, the Commission shall decide to grant financial aid under this Regulation according to its assessment of the application in accordance with the selection criteria. In the case of projects identified in the relevant indicative multiannual programme established pursuant to Article Ö 5 Õ, the Commission shall take the annual decisions to grant aid within the indicative financial amounts provided for in that programme. In the case of other projects, measures shall be adopted in accordance with the procedure Ö referred to Õ in Article Ö 18(2) Õ. The Commission shall notify its decision directly to the beneficiaries and to the Member States.

ê 2236/95

Article 11

Financial provisions

1. Community aid may cover only project-related expenditure incurred by the beneficiaries or by third parties responsible for the implementation of a project.

2. Expenditure incurred before the date on which the Commission received the application for financial aid shall not be covered.

3. Decisions to grant financial aid taken by the Commission under Article 10 shall be binding as commitments to incur expenditure authorized by the Budget.

4. As a general rule, payments shall be made in the form of advances, intermediate payments and a final payment. The advance, which shall not normally exceed 50% of the first annual tranche, shall be paid once the application for aid has been approved. Intermediate payments shall be made on the basis of requests for payment, taking account of the progress made in implementing the project or study and, if necessary, taking account of revised financial plans in a rigorous and transparent manner.

5. The payments must take account of the fact the infrastructure projects will be implemented over a period of years and that provision must therefore be made for multiannual financing.

6. The Commission shall make the final payment after approval of the final report on the project or study, submitted by the beneficiary and itemizing all the expenditure actually incurred.

ê 1655/1999 Art. 1 pt. 11 (adapted)

7. Ö In accordance with Õ the procedure Ö referred to Õ in Article Ö 18(2) Õ, the Commission shall establish a framework for the procedures, timetable and amounts for payments of interest subsidies, guarantee premium subsidies and support in the form of risk capital participation, for investment funds or comparable financial undertakings with a priority focus on providing risk capital for trans-European network projects.

ê 2236/95

Article 12

Financial control

ê 1655/1999 Art. 1 pt. 12(a) (adapted)

1. In order to guarantee successful completion of projects financed Ö under Õ this Regulation, Member States and the Commission, each in its field of competence, shall take the necessary measures to:

ê 2236/95 (adapted)

Ö (a) Õ verify on a regular basis that projects and studies financed by the Community have been properly carried out Ö ; Õ

Ö (b) Õ prevent irregularities and take action against them Ö ; Õ

ê 1655/1999 Art. 1 pt. 12(b) (adapted)

Ö (c) Õ recover any amounts lost as a result of irregularity, including interest on account of late repayment, in accordance with the rules adopted by the Commission. Except where the Member State and/or the implementing public authority provide proof that they were not responsible for the irregularity, the Member State shall be liable in the alternative for reimbursement of any sums unduly paid.

ê 2236/95

2. Member States shall inform the Commission of the measures taken for these purposes and, in particular, shall notify the Commission of the description of the management and control systems established to ensure the efficient implementation of projects and studies.

3. Member States shall make available to the Commission any appropriate national reports on the control of projects.

ê 2236/95 (adapted)

4. Without prejudice to any control measures carried out by the Member States in accordance with national laws, regulations and administrative provisions and without prejudice to Article Ö 246 Õ of the Treaty and control measures carried out in accordance with Article Ö 279 Õ of the Treaty, Commission officials or agents may carry out spot checks, including sample checks, in respect of projects financed under this Regulation and may examine the control systems and measures established by the national authorities, which shall inform the Commission of measures taken to that end.

ê 2236/95

5. Before carrying out an on-the-spot check, the Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. If the Commission carries out on-the-spot checks without giving notice, it shall be subject to agreements reached in accordance with provisions of Regulation (EC, Euratom) No 1605/2002. Officials or agents of the Member State concerned may take part in such checks.

The Commission may require the Member State concerned to carry out an on-the-spot check to verify the correctness of payment applications. Commission officials or agents may take part in such checks, and must do so if the Member State concerned so requests.

The Commission shall ensure that any checks that it carries out are performed in a coordinated manner so as to avoid repeating checks in respect of the same subject matter during the same period. The Member State concerned and the Commission shall immediately exchange any relevant information concerning the results of the checks carried out.

ê 1655/1999 Art. 1 pt. 12(c)

6. In the case of Community aid granted to public or private undertakings or bodies directly concerned, the control measures shall be carried out by the Commission in cooperation with the Member States as appropriate.

ê 1655/1999 Art. 1 pt. 12(d)

7. The responsible bodies and authorities and public or private undertakings or bodies directly concerned shall keep available for the Commission all the supporting documents regarding expenditure on any project for a period of five years following the last payment in respect of the project.

ê 2236/95 (adapted)

Article 13

Reduction, suspension and cancellation of Ö aid Õ

1. If the implementation of an operation appears not to justify, in whole or in part, the financial aid allocated to it, the Commission shall conduct an appropriate examination of the case, in particular requesting the Member State, or the authorities or bodies designated by it to carry out the operation, to submit their comments within a specified period of time.

2. Following the examination referred to in paragraph 1, the Commission may reduce, suspend or cancel aid in respect of the operation in question if the examination reveals an irregularity or a failure to comply with one of the conditions laid down in the decision Ö granting the aid Õ, and in particular any significant change affecting the nature of, or conditions for carrying out, the project for which the Commission's approval was not sought.

ê 2236/95

Any undue cumulation shall give rise to the recovery of sums unduly paid.

ê 1655/1999 Art. 1 pt. 13 (adapted)

Ö 3. Õ Except in cases duly justified to the Commission, aids granted to projects which have not started within two years following the date of their expected start, as indicated in the decision granting Ö aid Õ, will be cancelled by the Commission.

ê 2236/95 (adapted)

Ö 4. Õ Any sum to be recovered for want of due entitlement shall be repaid to the Commission.

ê 807/2004 Art. 1 pt. 2 (adapted)

Ö 5. Õ If, 10 years after the financial aid was awarded, the operation in question has not been completed, the Commission may demand reimbursement of the aid paid, with due regard to the principle of proportionality, taking into account all relevant factors.

ê 1655/1999 Art. 1 pt. 14 (adapted)

Article 14

Coordination

The Commission shall be responsible for coordination and coherence between the projects and the programmes referred to in Article Ö 5 Õ(1) undertaken under this Regulation and projects undertaken with the help of contributions from the Community budget, the European Investment Bank, the European Investment Fund and other Community financial instruments.

ê 1655/1999 Art. 1 pt. 15

Article 15

Appraisal, monitoring and evaluation

1. The Member States and the Commission shall ensure that the implementation of projects under this Regulation is subject to effective monitoring and evaluation. Projects may be adapted according to monitoring and evaluation results.

2. In order to ensure that Community aid is used efficiently, the Commission and the Member States concerned shall systematically monitor progress with projects, where appropriate with the cooperation of the European Investment Bank or other appropriate bodies.

ê 1655/1999 Art. 1 pt. 15 (adapted)

3. On receipt of an application for aid, and before approving it, the Commission shall carry out an appraisal in order to assess the project's conformity with the conditions and criteria laid down in Articles Ö 4 Õ and 6. Where necessary, the Commission shall invite the European Investment Bank or other appropriate bodies to contribute to this appraisal.

ê 1655/1999 Art. 1 pt. 15

4. The Commission and the Member States shall assess the manner in which the projects and the programmes have been carried out and evaluate the impact of their implementation, in order to assess whether the original objectives can be, or have been, achieved. This evaluation shall, inter alia, cover the impact of projects on the environment, regard being had to the Community laws in force. The Commission may, after consultation of the Member State concerned, also require the beneficiary to provide a specific evaluation on projects or groups of projects supported under this Regulation, or to provide it with the information and the assistance required to evaluate such projects.

5. Monitoring shall be carried out, where appropriate, by reference to physical and financial indicators. The indicators shall relate to the specific character of the projects and its objectives. They shall be arranged in such a way as to show:

ê 1655/1999 Art. 1 pt. 15 (adapted)

Ö (a) Õ the stage of the project reached in relation to the plan and the operational objectives originally laid down Ö ; Õ

Ö (b) Õ the progress achieved on the management side and any related problems.

6. In vetting individual applications for Ö aid Õ , the Commission shall take into account the findings of appraisals and evaluations made in accordance with this Article.

7. Procedures for evaluation and monitoring, as provided in paragraphs 4 and 5, shall be established in the Decisions approving the projects and/or in the contractual provisions relating to the financial aid.

ê 2236/95

Article 16

Information and publicity

ê 1655/1999 Art. 1 pt. 16 (adapted)

1. The Commission shall submit an annual report on the activities carried out under this Regulation to the European Parliament, the Council, the Ö European Õ Economic and Social Committee and to the Committee of the Regions for their appraisal. This report shall contain an evaluation of the results achieved with Community aid in different fields of application, in terms of original objectives, as well as a chapter on the substance and implementation of current multiannual programmes, especially an account of the revisions provided Ö for Õ in Ö the second subparagraph of Õ Article Ö 5(4) Õ.

ê 2236/95 (adapted)

2. Beneficiaries shall ensure that suitable publicity is given to Ö aid Õ granted under this Regulation in order to inform the public of the role played by the Community in the implementation of the projects.

Ö They shall consult the Commission on how this should be done. Õ

ê 807/2004 Art. 1 pt. 3 (adapted)

Article 17

Ö Implementation Õ

The Commission shall be responsible for the implementation of this Regulation.

Ö Article 18 Õ

Ö Committee Õ

1. The Commission shall be assisted by a committee (hereinafter referred to as “the Committee”).

The European Investment Bank shall appoint a representative to the Committee who shall not vote.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

ê 1655/1999 Art. 1 pt. 17

è1 788/2004 Art. 1 pt. 1

Article 19

è1 Funding ç

ê 788/2004 Art. 1 pt. 2

The financial framework for the implementation of this Regulation for the period 2000 to 2006 shall be EUR 4 874,88 million.

ê 1655/1999 Art. 1 pt. 17

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

ê 807/2004 Art. 1 pt. 4

The allocation of funds shall be linked to the qualitative and quantitative level of implementation.

ê 1655/1999 Art. 1 pt. 18 (adapted)

Article 20

Revision clause

Before the end of 2006 the Commission shall submit to the European Parliament and the Council a comprehensive report on the experience gained with the mechanisms under this Regulation for granting Community aid, in particular the mechanisms and provisions laid down in Article Ö 3 Õ.

Ö The European Parliament and the Council, acting in accordance with the procedure laid down in the first paragraph of Article 156 of the Treaty, shall examine whether and under which conditions the measures provided for in this Regulation will be continued or amended after the end of the period referred to in Article 19. Õ

ê

Article 21

Repeal

Regulation (EC) No 2236/95 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

ê 2236/95 (adapted)

Article 22

Entry into force

This Regulation shall enter into force on the Ö twentieth Õ day following Ö that of Õ its publication in the Official Journal of the European Ö Union Õ.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the European Parliament For the Council

The President The President

[…] […]

ê 1655/1999 Art. 1 pt. 20 and Annex (adapted)

ANNEX I

Implementation modalities referred to in Article Ö 3 Õ (1)(e)

1. Conditions for a Community contribution to risk capital

Applications for financial Ö aid Õ under Article Ö 3 Õ(1)(e) shall include the following information, satisfactory to the Committee referred to in Article Ö 18(1) Õ, as a basis for decisions to grant Ö aid Õ:

ê 1655/1999 Art. 1 pt. 20 and Annex

- an information memorandum containing the main provisions of the statutory documentation of the fund including its legal and management structure,

- its detailed investment guidelines including information on target projects,

- information on the involvement of private investors,

- information on geographical coverage,

- information on the financial viability of the fund,

- information on the rights of the investors to take remedial action in the event that the undertakings given to them are not honoured by the fund,

- information on the exit policies of the fund and arrangements for the termination of the fund,

- rights of representation in the committees of investors.

ê 1655/99 Art. 1 pt. 20 and Annex (adapted)

Before the decision to grant Ö aid Õ, the intermediary investment fund or other comparable financial institution must undertake to invest not less than a sum equivalent to two and a half times the Community contribution, into projects previously identified as projects of common interest in accordance with Article 155(1), first indent, of the Treaty.

ê 1655/99 Art. 1 pt. 20 and Annex

Community aid for investment funds or comparable financial undertakings, if granted in the form of a risk-capital participation, shall be granted, in principle, only if the Community contribution ranks pari passu in terms of risk with other investors in the fund.

Recipient investment funds or comparable financial undertakings have to follow sound financial principles.

2. Limits for intervention and maximum investment

ê 1655/1999 Art. 1 pt. 20 and Annex (adapted)

Contributions under Article Ö 3 Õ(1)(e) R shall not exceed 1% of the overall amount for the period mentioned in Article Ö 19 Õ. However this limit may be increased in accordance with the said Article Ö 3 Õ(1)(e).

Community Ö aid Õ under Article Ö 3 Õ(1)(e) shall not exceed 20% of the total capital of an investment fund or comparable financial undertaking.

3. Management of the Community contribution

The management of the Community contribution will be ensured by the European Investment Fund (EIF). The detailed terms and conditions for implementing Community Ö aid Õ under Article Ö 3 Õ(1)(e), including its monitoring and control, shall be laid down in a Cooperation Agreement between the Commission and the EIF, taking into account the provisions laid down in this Annex.

4. Other provisions

The provisions applying to appraisal, monitoring and evaluation as specified in Ö this Õ Regulation shall apply in full to Article Ö 3 Õ(1)(e), including the provisions on conditions for Community aid, on financial control and the reduction, suspension and cancellation of Ö aid Õ. This shall, inter alia, be ensured by appropriate provisions in the Cooperation Agreement between the Commission and the EIF and appropriate agreements with investee funds or comparable financial undertakings stipulating the necessary controls at the level of individual projects of common interest. Appropriate arrangements will be made to allow the Court of Auditors to exercise its mission in particular in order to verify the regularity of payments made.

Payments under Article Ö 3 Õ(1)(e) shall be governed by Article 11(7), notwithstanding Article 11(6). After the end of the investment period or earlier as the case may be, any balances resulting from a return of invested capital or distribution of profits and capital gains and any and all other distributions due to investors shall be returned to the Community budget.

All decisions to provide risk-capital participations under Article Ö 3 Õ(1)(e) shall be submitted to the Committee referred to in Article Ö 18(1) Õ .

The Commission will report regularly to the said Committee on the implementation of risk capital participations under Article Ö 3 Õ(1)(e).

Before the end of 2006, the Commission shall in the framework of Article 15 provide an evaluation of actions carried out under Article Ö 3 Õ(1)(e), in particular on its utilisation, its effects on the implementation of the trans-European network projects supported and the involvement of private investors in the projects financed.

_________

é

ANNEX II

Repealed Regulation with its amendments

Council Regulation (EC) No 2236/95 (OJ L 228, 23.9.1995, p. 1) |

Regulation (EC) No 1655/1999 of the European Parliament and of the Council (OJ L 197, 29.7.1999, p. 1) |

Regulation (EC) No 788/2004 of the European Parliament and of the Council (OJ L 138, 30.4.2004, p. 17) | Only Article 1 |

Regulation (EC) No 807/2004 of the European Parliament and of the Council (OJ L 143, 30.4.2004, p. 46) |

Regulation (EC) No 1159/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 16) |

_________

ANNEX III

CORRELATION TABLE

Regulation (EC) No 2236/95 | This Regulation |

Article 1 | Article 1 |

Article 2(1) | Article 2 |

Article 4(1)(a) to (e) | Article 3(1)(a) to (e) |

Article 4(1)(f) | Article 3(2) |

Article 4(2) | Article 3(3) |

Article 4(3) | Article 3(4) |

Article 4(4) | Article 3(5) |

Article 5 | Article 4 |

Article 5a | Article 5 |

Article 6(1) | Article 6(1) |

Article 6(1a) | Article 6(2) |

Article 6(2) | Article 6(3) |

Article 6(3) introductory wording | Article 6(4) introductory wording |

Article 6(3) first indent | Article 6(4)(a) |

Article 6(3) second indent | Article 6(4)(b) |

Article 6(3) third indent | Article 6(4)(c) |

Article 6(3) fourth indent | Article 6(4)(d) |

Article 6(3) fifth indent | Article 6(4)(e) |

Article 6(4) | Article 6(5) |

Article 7 | Article 7 |

Article 8 first sentence | Article 8 first paragraph |

Article 8 second sentence | Article 8 second paragraph |

Article 9(1) introductory wording | Article 9(1) introductory wording |

Article 9(1)(a) introductory wording | Article 9(1)(a) introductory wording |

Article 9(1)(a) first indent | Article 9(1)(a)(i) |

Article 9(1)(a) second indent | Article 9(1)(a)(ii) |

Article 9(1)(a) third indent | Article 9(1)(a)(iii) |

Article 9(1)(a) fourth indent | Article 9(1)(a)(iv) |

Article 9(1)(a) fifth indent | Article 9(1)(a)(v) |

Article 9(1)(a) sixth indent | Article 9(1)(a)(vi) |

Article 9(1)(a) seventh indent | Article 9(1)(a)(vii) |

Article 9(1)(a) eighth indent | Article 9(1)(a)(viii) |

Article 9(1)(b), (c) and (d) | Article 9(1)(b), (c) and (d) |

Article 9 (2) and (3) | Article 9(2) and (3) |

Articles 10 and 11 | Articles 10 and 11 |

Article 12(1) introductory wording | Article 12(1) introductory wording |

Article 12(1) first indent | Article 12(1)(a) |

Article 12(1) second indent | Article 12(1)(b) |

Article 12(1) third indent | Article 12(1)(c) |

Article 12(2) to (7) | Article 12(2) to (7) |

Article 13(1) and (2) | Article 13(1) and (2) |

Article 13(2a) | Article 13(3) |

Article 13(3) | Article 13(4) |

Article 13(4) | Article 13(5) |

Article 14 | Article 14 |

Article 15(1) to (4) | Article 15(1) to (4) |

Article 15(5) introductory wording | Article 15(5) introductory wording |

Article 15(5) first indent | Article 15(5)(a) |

Article 15(5) second indent | Article 15(5)(b) |

Article 15(6) and (7) | Article 15(6) and (7) |

Article 16(1) | Article 16(1) |

Article 16(2) first sentence | Article 16(2) first subparagraph |

Article 16(2) second sentence | Article 16(2) second subparagraph |

Article 17(1) | Article 17 |

Article 17(2) first sentence | Article 18(1) first subparagraph |

Article 17(2) second sentence | Article 18(1) second subparagraph |

Article 17(3) | Article 18(2) |

Article 17(4) | - |

Article 18 | Article 19 |

Article 19 first sentence | Article 20 first paragraph |

Article 19 second sentence | Article 20 second paragraph |

- | Article 21 |

Article 20 | Article 22 |

Annex | Annex I |

- | Annex II |

- | Annex III |

__________

[1] COM(87) 868 PV.

[2] See Annex 3 to Part A of the Conclusions.

[3] Carried out pursuant to the Communication from the Commission to the European Parliament and the Council – Codification of the Acquis communautaire, COM(2001) 645 final.

[4] See Annex II to this proposal.

[5] OJ C […], […], p. […].

[6] OJ C […], […], p. […].

[7] OJ C […], […], p. […].

[8] OJ L 228, 23.9.1995, p. 1.

[9] See Annex II.

[10] Ö OJ C 172, 18.6.1999, p. 1. Õ

[11] OJ L 184, 17.7.1999, p. 23.

[12] OJ L 228, 9.9.1996, p. 1.

[13] OJ L 183, 11.7.1997, p. 12.

[14] OJ L 248, 16.9.2002, p. 1.

[15] OJ L 175, 5.7.1985, p. 40.