DIRECTIVE (EU) 2021/1187 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 July 2021
on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
| (1) | Regulation (EU) No 1315/2013 of the European Parliament and of the Council (4) sets out a common framework for the creation of state-of-the-art, interoperable networks in the Union, at the service of its citizens, with the objective of strengthening the social, economic and territorial cohesion of the Union and contributing to the creation of a single European transport and mobility area, thereby strengthening the internal market. The trans-European transport network (TEN-T) comprises a dual-layer structure, consisting of a comprehensive network and a core network. The comprehensive network ensures connectivity of all regions of the Union, whereas the core network consists of those elements of the comprehensive network which are of the highest strategic importance for the Union. Regulation (EU) No 1315/2013 sets binding completion targets, with the core network to be completed by 2030 and the comprehensive network by 2050, in particular by prioritising cross-border connections, by improving interoperability, and by contributing to the multimodal integration of Union transport infrastructure. |
| (2) | Notwithstanding the need to complete the TEN-T and the binding timelines for doing so, experience has shown that many investments aiming to complete the TEN-T are confronted with multiple, different and complex permit-granting procedures, cross-border procurement procedures and other procedures. This situation jeopardises the timely implementation of projects and, in many cases, results in significant delays and increased costs. Furthermore, uncertainty may arise for project promoters and potential private investors, and could in certain cases even lead to projects not being realised as initially planned. This Directive aims to address those issues and make synchronised and timely TEN-T completion possible through harmonised action at Union level. When drawing up their national plans and programmes, Member States should take into account the development of the TEN-T, in accordance with Article 49(2) of Regulation (EU) No 1315/2013. |
| (3) | This Directive should cover project-related procedures, including those related to the environmental impact assessment. However, this Directive should be without prejudice to urban or land-use planning, to procedures related to the award of public procurements, and to steps undertaken at strategic level that are not project-related, such as strategic environmental assessments, public budgetary planning, as well as national or regional transport plans. In order to increase the efficiency of permit-granting procedures and ensure high quality project documentation, project promoters should carry out the preparatory work, such as preliminary studies and reports before the start of the permit-granting procedure. This Directive should not be applicable to procedures before an administrative appeal authority, a court or a tribunal. |
| (4) | This Directive should apply to projects that are part of pre-identified sections of the core network listed in the Annex to this Directive and to other projects on the core network corridors with a total cost exceeding EUR 300 000 000. Projects exceeding that amount are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth and contribute to the achievement of the objectives of Regulation (EU) No 1315/2013. The core network corridors are identified through the alignments contained in Regulation (EU) No 1316/2013 of the European Parliament and of the Council (5) and the maps of the core network contained in Regulation (EU) No 1315/2013. The technical basis of those maps is provided by the interactive geographical and technical information system for the TEN-T (TENtec), which contains a higher level of detail concerning the trans-European transport infrastructure. |
| (5) | Projects exclusively related to telematic applications, new technologies and innovation should be excluded from the scope of this Directive since their deployment is not limited to the core network. |
| (6) | Member States may however apply this Directive to other projects on the core network and the comprehensive network, including projects exclusively related to telematic applications, new technologies and innovation, in order to achieve a harmonised approach for transport infrastructure projects. The publication by national authorities of lists of individual projects falling within the scope of this Directive could increase transparency for project promoters regarding ongoing, as well as future works along the TEN-T. |
| (7) | Given the different environmental assessments provided for in relevant Union and national law, which are necessary for granting permits to projects in the core network, Member States should put in place, where feasible and appropriate, a simplified procedure which fulfils the requirements of that Union and national law in order to help achieve the objectives set out in this Directive aimed at increasing the streamlining of measures. |
| (8) | Priority treatment should be given to projects falling within the scope of this Directive, where relevant. Such treatment may include shorter timelines, simultaneous procedures or limited timeframes for appeals, while ensuring that the objectives of other horizontal policies, such as environmental policies that aim to avoid, prevent, reduce or offset adverse effects on the environment are also reached in accordance with Union and national law. In the legal frameworks of many Member States, priority treatment is given to certain project categories based on their strategic importance for the economy. When such priority treatment exists within a national legal framework, it should automatically apply to projects falling within the scope of this Directive. Nevertheless, Member States should be allowed to test specific permit-granting procedures on a limited number of projects in order to evaluate their potential extension to other projects. During this testing period, the Member State concerned should not be obliged to apply such testing procedures to other projects falling within the scope of this Directive. |
| (9) | In order to make clear management of the overall procedure possible and to provide a point of contact for project promoters, projects on the core network corridors should be supported by efficient permit-granting procedures. To that end, Member States should designate one or more authorities depending on their national legal frameworks and administrative set-ups and the types of projects concerned. Where a Member State designates several authorities, it should ensure that only one authority is designated for a given project and a given permit-granting procedure. |
| (10) | The designation of an authority serving as point of contact for the project promoter should reduce the complexity, improve the efficiency and increase the transparency of the procedures. It should also, where appropriate, enhance the cooperation between Member States. The procedures should promote real cooperation between project promoters and the designated authority. |
| (11) | The designated authority may, inter alia, be entrusted with tasks related to the coordination and the authorisation, in compliance with Union and national law, of specific projects for the reconstruction of infrastructure on the core network in the event of natural or man-made disasters. |
| (12) | The procedure provided for in this Directive should be without prejudice to the fulfilment of the requirements of international and Union law, including requirements to protect the environment and human health. This Directive should not lead to the lowering of standards that are intended to avoid, prevent, reduce or offset adverse effects on the environment. |
| (13) | Given the urgency of completing the core network, the simplification of permit-granting procedures should be accompanied by a time-limit for procedures leading to the adoption of an authorising decision to build the transport infrastructure. That time-limit should encourage a more efficient handling of procedures and should, under no circumstances, compromise the Union’s high standards for environmental protection and public participation. It should be possible to extend the time-limit for the permit-granting procedures in duly justified cases, including when unforeseeable circumstances arise or where necessary for environmental protection. The extension could, for instance, be expressed as a period of time or indicated by reference to a date, or a certain future event. The extended time-limit should in particular not include the time necessary to undertake administrative or judicial appeal procedures or to seek judicial remedies before a court or tribunal. Member States should not be held responsible where the failure to comply with that time-limit is due to the project promoter, for example where the project promoter has not complied with the time-limits set out in |
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