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Document 32009R0923
Regulation (EC) No 923/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 1692/2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) (Text with EEA relevance)
Regulation (EC) No 923/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 1692/2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) (Text with EEA relevance)
Regulation (EC) No 923/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 1692/2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) (Text with EEA relevance)
OJ L 266, 9.10.2009, p. 1–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 15 Volume 010 P. 227 - 236
In force
9.10.2009 |
EN |
Official Journal of the European Union |
L 266/1 |
REGULATION (EC) No 923/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
amending Regulation (EC) No 1692/2006 establishing the second ‘Marco Polo’ programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 71(1) and 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The mid-term review of the Commission’s 2001 Transport White Paper entitled ‘Keep Europe moving — Sustainable mobility for our continent’, of 22 June 2006, highlights the potential of the Marco Polo Programme, established by Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003 on the granting of Community financial assistance to improve the environmental performance of the freight transport system (the Marco Polo Programme) (3), as a source of financing that offers operators on congested roads alternatives by using other modes of transport. The Marco Polo Programme is therefore one basic element in the current transport policy. |
(2) |
If no decisive action is taken, total road freight transport in Europe is set to grow by more than 60 % by 2013. The effect would be an estimated growth in international road freight of 20,5 billion tonne-kilometres per year for the European Union by 2013, with negative consequences in terms of additional road infrastructure costs, accidents, congestion, local and global pollution, environmental damage and the unreliability of the supply chain and of logistics processes. |
(3) |
In order to cope with this growth, greater use must be made of short sea shipping, rail and inland waterways than at present, and it is necessary to stimulate further powerful initiatives from the transport and logistics sector, including dry ports and other platforms that facilitate intermodality, to encourage new approaches and the use of technical innovations in all transport modes and their management. |
(4) |
It is an objective of the European Union to strengthen modes of transport that are environmentally friendly, irrespective of whether this objective leads to a specific modal shift or avoidance effect in the case of road haulage. |
(5) |
According to Regulation (EC) No 1692/2006 (4) the Commission was required to carry out an evaluation of the Marco Polo II Programme (hereinafter ‘the Programme’) and submit proposals to amend that Programme if necessary. |
(6) |
An external evaluation on the results of the Marco Polo Programme estimated that that Programme would not achieve its objectives in terms of modal shift and gave some recommendations for improving its effectiveness. |
(7) |
The Commission has carried out an impact analysis of the measures proposed by the external evaluation and other measures aimed at increasing the efficiency of the Programme. That analysis showed the need for a number of amendments to Regulation (EC) No 1692/2006 in order to facilitate participation by small and micro enterprises, to lower the action eligibility thresholds, to increase the funding intensity and to simplify the Programme’s implementation and administrative procedures. |
(8) |
The participation by small and micro enterprises in the Programme should be increased by allowing single undertakings to apply for funding and by lowering the eligibility thresholds for proposals submitted by inland waterway transport enterprises. |
(9) |
The eligibility thresholds for proposals for funding should be lowered and expressed in terms of yearly tonne-kilometres shifted, except for common learning actions. Those thresholds should be computed over the entire implementation period of the actions referred to in the Annex, without setting any yearly rate of implementation. There should be no further need for a specific threshold applying to traffic avoidance actions, and a minimum duration should be established for this kind of action, catalyst actions and Motorways of the Sea actions. |
(10) |
The funding intensity should be increased by introducing a definition for ‘freight’, in order to include the transport element in the calculation of the modal shift, and allowing exceptional extensions of the maximum duration for actions with start-up delays. The update of the funding intensity from EUR 1 to EUR 2 following the procedure set out in Annex I to Regulation (EC) No 1692/2006 should be reflected in the text of that Annex as amended. |
(11) |
In order to simplify the implementation of the Programme, Annex II to Regulation (EC) No 1692/2006 on funding conditions for ancillary infrastructure should be deleted. Furthermore the committee procedure for the yearly selection of actions to be funded should be eliminated. |
(12) |
A more detailed link between the Programme and the Trans-European Transport Network (hereinafter ‘TEN-T’) setting out the framework for the Motorways of the Sea should be established and the environmental considerations should be extended to include the whole external costs of the actions. |
(13) |
Regulation (EC) No 1692/2006 should therefore be amended accordingly. |
(14) |
In order to ensure that the measures provided for in this Regulation can be applied in the most expedient and speedy manner, this Regulation should enter into force as soon as possible after its adoption, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1692/2006 is hereby amended as follows:
1. |
in Article 2, the following point is added:
|
2. |
Article 4(1) is replaced by the following: ‘1. Actions shall be submitted by undertakings or consortia established in Member States or participating countries, as provided for in Article 3(3) and (4).’; |
3. |
Article 5 is amended as follows:
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4. |
Article 7 is replaced by the following: ‘Article 7 State aid Community financial assistance for the actions covered by the Programme shall not prevent those actions from being granted State aid at national, regional or local level, insofar as such aid is compatible with the State aid arrangements laid down in the Treaty and within the cumulative limits established for each type of action set out in the Annex.’; |
5. |
Article 8 is replaced by the following: ‘Article 8 Submission of actions Actions shall be submitted to the Commission in accordance with the detailed rules issued pursuant to Article 6. Submissions shall contain all the information necessary to enable the Commission to make its selection in accordance with the criteria set out in Article 9. If required, the Commission shall provide assistance to applicants to facilitate their application process, for instance by way of an online helpdesk.’; |
6. |
Article 9 is replaced by the following: ‘Article 9 Selection of actions for financial assistance The actions submitted shall be evaluated by the Commission. When selecting actions for financial assistance under the Programme, the Commission shall take account of the following:
The Commission shall, after having informed the committee referred to in Article 10, adopt the decision to grant financial assistance. The Commission shall inform the beneficiaries of its decision.’; |
7. |
Article 14 is amended as follows:
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8. |
Article 15 is replaced by the following: ‘Article 15 Repeal Regulation (EC) No 1382/2003 is hereby repealed, with effect from 14 December 2006. Contracts relating to actions within the framework of Regulation (EC) No 1382/2003 shall continue to be governed by that Regulation until their operational and financial closure.’; |
9. |
Annex I to Regulation (EC) No 1692/2006 is replaced by the text appearing in the Annex to this Regulation; |
10. |
Annex II to Regulation (EC) No 1692/2006 is deleted. |
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 September 2009.
For the European Parliament
The President
J. BUZEK
For the Council
The President
C. MALMSTRÖM
(1) Opinion of 24 March 2009 (not yet published in the Official Journal).
(2) Opinion of the European Parliament of 23 April 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.
(4) OJ L 328, 24.11.2006, p. 1.
(5) OJ L 228, 9.9.1996, p. 1.’;
(6) OJ L 266, 9.10.2009, p. 1’;
ANNEX
‘ANNEX
Funding conditions and requirements according to Article 5(2)
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Expenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement. |
Expenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement. |
Expenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement. |
Expenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement. |
Expenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. |
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Community financial assistance for catalyst actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months, and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded. |
Community financial assistance for Motorways of the Sea actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded. |
Community financial assistance for modal shift actions shall be granted on the basis of subsidy agreements. As a rule, the maximum duration of these agreements shall be 38 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded. |
Community financial assistance for traffic avoidance actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded. |
Community financial assistance for common learning actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 26 months, which can be extended at the request of the beneficiary, within the initial budgetary envelope, for an additional period of 26 months, if positive results are achieved during the first 12 months of operation. |
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Community financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months. |
Community financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months. |
Community financial assistance shall not be renewable beyond the stipulated maximum period of 38 months, or in exceptional cases 44 months. |
Community financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months. |
Community financial assistance shall not be renewable beyond the stipulated maximum period of 52 months. |
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The minimum indicative subsidy threshold per catalyst action shall be 30 million tonne-kilometres or its volumetric equivalent of modal shift or traffic avoidance per year, to be implemented over the entire life of the subsidy agreement. |
The minimum indicative subsidy threshold per Motorways of the Sea action shall be 200 million tonne-kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreement. |
The minimum indicative subsidy threshold per modal shift action shall be 60 million tonne-kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreement. Modal shift actions aiming at implementing a shift to inland waterways will be subject to a special threshold of 13 million tonne-kilometres or its volumetric equivalent of modal shift per year to be implemented over the entire life of the subsidy agreement. |
The minimum indicative subsidy threshold per traffic avoidance action shall be 80 million tonne-kilometres or 4 million vehicle-kilometres of freight traffic avoided per year, to be implemented over the entire life of the subsidy agreement. |
The minimum indicative subsidy threshold per common learning action shall be EUR 250 000. |
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The results and methods of catalyst actions shall be disseminated, and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation. |
The results and methods of Motorways of the Sea actions shall be disseminated, and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation. |
Specific dissemination activities for modal shift actions are not foreseen. |
The results and methods of traffic avoidance actions shall be disseminated and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation. |
The results and methods of common learning actions shall be disseminated and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation.’ |