TEN-T Regulation PDF 2024

EUROPEAN UNION THE EUROPEAN PARLIAMENT THE COUNCIL Brussels, 23 May 2024 (OR. en) 2021/0420(COD)...

EUROPEAN UNION THE EUROPEAN PARLIAMENT THE COUNCIL Brussels, 23 May 2024 (OR. en) 2021/0420(COD) PE-CONS 56/24 TRANS 121 CODEC 632 LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 PE-CONS 56/24 sl TREE.2.A EN  REGULATION (EU) 2024/… OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of … on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (Text with EEA relevance) 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 Committee1, Having regard to the opinion of the Committee of the Regions2, Acting in accordance with the ordinary legislative procedure3, 1 OJ C 290, 29.7.2022, p. 120. 2 OJ C 498, 30.12.2022, p. 68. 3 Position of the European Parliament of 24 April 2024 (not yet published in the Official Journal) and decision of the Council of … PE-CONS 56/24 sl 1 TREE.2.A EN Whereas: (1) The Commission Communication of 11 December 2019 entitled ‘The European Green Deal’ sets a climate neutrality objective to be achieved by the Union by 2050, as well as a clear objective to reduce net greenhouse gas emissions by at least 55 % by 2030, compared to 1990 levels. Those objectives are set as a target in Regulation (EU) 2021/1119 of the European Parliament and of the Council4. (2) Transport emissions represent around 25 % of the Union’s total greenhouse gas emissions, and these emissions have increased over recent years. The European Green Deal therefore calls for a 90 % reduction in greenhouse gas emissions from transport in order for the Union to become a climate-neutral economy by 2050, while working towards the zero-pollution ambition, as expressed in Commission Communication of 12 May 2021 entitled ‘Pathway to a Healthy Planet for All EU Action Plan: “Towards Zero Pollution for Air, Water and Soil”’. 4 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). PE-CONS 56/24 sl 2 TREE.2.A EN (3) The Commission Communication of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ (‘Commission Communication on Sustainable and Smart Mobility Strategy’) sets out milestones to show the European transport system’s path towards achieving the objectives of a sustainable, smart and resilient mobility. It envisages that rail freight traffic should increase its market share by 50 % by 2030 and double by 2050; while transport by inland waterways and short-sea shipping should increase its market share by 25 % by 2030 and by 50 % by 2050 and traffic on high-speed rail should double by 2030 and triple by 2050. Also, at least 30 million zero-emission cars and 80 000 zero-emission trucks should be in operation on Union roads by 2030, and nearly all cars, vans and buses and new heavy-duty vehicles should be zero-emission by 2050. Moreover, scheduled collective travel under 500 km should be carbon-neutral by 2030 within the Union and by 2030, there should be at least 100 climate-neutral cities in Europe. (4) The realisation of the trans-European transport network creates the enabling conditions in terms of infrastructure basis allowing to make all transport modes more sustainable, affordable and inclusive, to make sustainable alternatives widely available in a multimodal transport system and to put in place the right incentives to drive the transition, notably by ensuring a fair transition, in line with the objectives presented in the Council Recommendation of 16 June 2022 on ensuring a fair transition towards climate neutrality5. 5 OJ C 243, 27.6.2022, p. 35. PE-CONS 56/24 sl 3 TREE.2.A EN (5) The planning, development and operation of the trans-European transport network should enable sustainable forms of transport, provide for improved multimodal and interoperable transport solutions and for an enhanced intermodal integration of the entire logistic chain, thereby contributing to a smooth functioning of the internal market by creating the arteries that are necessary for smooth passenger and freight transport flows across the Union, and by establishing seamless transport connections with neighbouring countries. In addition, the network should aim at strengthening economic, social and territorial cohesion by ensuring accessibility and connectivity for all regions of the Union, including a better connectivity of the outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. The development of the trans-European transport network should also enable seamless, safe and sustainable mobility of goods and persons in all their diversity and should contribute to further economic growth and competitiveness in a global perspective, by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way. (6) Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the capacity of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries. PE-CONS 56/24 sl 4 TREE.2.A EN (7) The trans-European transport network consists to a large extent of existing infrastructure. In order to fully achieve the objectives of the new trans-European transport network policy, uniform requirements regarding the infrastructure should be established. (8) Projects of common interest should contribute to the development of the trans-European transport network through the creation of new transport infrastructure, through the maintenance and upgrading of existing infrastructure and through measures promoting its resource-efficient use and resilience. Projects of common interest should demonstrate a European added value. Such projects should also be economically viable. Projects in sparsely populated areas or projects that are essential for the dual use of infrastructure, for which it might be difficult to demonstrate the economic viability as social and territorial cohesion benefits might value higher, should at least have a positive contribution to the development of the network on the basis of a socio-economic cost-benefit analysis, taking into account the specific characteristics and constraints of the area concerned. (9) In the implementation of projects of common interest, due consideration should be given to the particular circumstances of the individual project concerned. Where possible, synergies with other policies should be exploited, for instance with the trans-European energy or telecommunication networks or with the dual-use infrastructure for military purposes, as well as with tourism aspects by including, within civil engineering structures such as bridges or tunnels, bicycle infrastructure for cycling paths, including the EuroVelo routes, or with security aspects by including new technologies such as sensors in bridges. PE-CONS 56/24 sl 5 TREE.2.A EN (10) In order to achieve a high-quality, efficient and resilient transport infrastructure across all modes, the development of the trans-European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change. (11) The trans-European transport network should contribute to the improvement of the quality of services, social conditions for transport workers and accessibility for all users, including persons with disabilities or reduced mobility and other people in situations of vulnerability, as well as to the prevention and mitigation of transport poverty. Particular attention should be given to the gender dimension to ensure equal access to services and infrastructure. (12) During infrastructure planning, Member States and other project promoters should give due consideration to the risk assessments and adaptation measures that seek to improve resilience, for example to climate change, natural hazards and human-made disasters. By providing further incentives to develop sustainable forms of transport and with the implementation of high-level standards for green transport infrastructure, the realisation of the trans-European transport network will support the ‘do no significant harm’ principle within the meaning of Article 17 of the Taxonomy Regulation (EU) 2020/852 of the European Parliament and of the Council6. 6 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). PE-CONS 56/24 sl 6 TREE.2.A EN (13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the ‘do no significant harm’ principle, projects of common interest should be assessed in order to ensure that trans-European transport network policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include, for projects for which the procurement process for an environmental impact assessment has not been initiated by the date of entry into force of this Regulation, the ‘do no significant harm’ assessment based on the latest available guidance and best practice. PE-CONS 56/24 sl 7 TREE.2.A EN (14) Infrastructure projects under this Regulation should be resilient to the potential adverse impacts of climate change through a climate vulnerability and risk assessment, including through relevant adaptation measures. Projects for which an environmental impact assessment must be carried out should be subject to climate proofing and should integrate the costs of greenhouse gas emissions and the positive effects of climate mitigation measures in the cost-benefit analysis. The climate proofing should be undertaken based on the latest available best practice and guidance. This contributes to the integration of climate change-related risks, as well as climate change vulnerability and adaptation assessments into investment and planning decisions under the Union budget. Without prejudice to other Union legal acts, in particular implementing acts concerning the conditions of allocation of Union financial support to projects of common interests under Regulation (EU) 2021/1153 of the European Parliament and of the Council7, the requirement to carry out a climate proofing should apply only to projects for which the procurement process of the environmental impact assessment has not yet been initiated by the date entry into force of this Regulation. (15) Member States and other project promoters should carry out environmental assessments of plans and projects in accordance with the relevant legislation in order to avoid or, where avoidance is not possible, to mitigate or compensate for negative impacts on the environment, such as landscape fragmentation, soil sealing and air and water pollution, as well as noise, and to protect biodiversity effectively. 7 Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38). PE-CONS 56/24 sl 8 TREE.2.A EN (16) The interests of regional and local authorities, as well as those of the public concerned by a project of common interest, should be appropriately taken into account in the planning and construction phase of projects. (17) The definition of the trans-European transport network should be based on a common and transparent methodology and should represent the highest level of infrastructure planning within the Union. It should be multimodal, that is to say it should include all transport modes and their connections as well as relevant traffic and travel information management systems. (18) The trans-European transport network should be gradually developed in three steps with the overall aim to realise a multimodal and interoperable European wide network of high-quality standards, while respecting the overall Union climate neutrality and environmental objectives: the completion of a core network by 2030, of an extended core network by 2040 and of a comprehensive network by 2050, unless otherwise specified in this Regulation. (19) Further to the deadlines of 2030 and 2050 that have already been introduced under Regulation (EU) No 1315/2013 of the European Parliament and of the Council8, an intermediary deadline of 2040 for the compliance of the network with this Regulation should be added for the extended core network that is part of the European Transport Corridors. The same intermediary deadline should also apply for new standards on the core network that have been introduced in addition to the requirements in Regulation (EU) No 1315/2013 as to allow for the necessary investments in due time. 8 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1). PE-CONS 56/24 sl 9 TREE.2.A EN (20) Transport infrastructure functions as a network, therefore the non-conformity or non-operability of a small segment can hamper the efficiency and competitiveness of the system as a whole and prevent advantage being taken of the full network benefits. (21) The trans-European transport network should be a Europe-wide transport network ensuring the accessibility and connectivity of all regions in the Union, including the outermost regions and other remote, rural, insular, peripheral and mountainous regions, as well as sparsely populated areas, and strengthening social, economic and territorial cohesion between them. The requirements for the infrastructure of the trans-European transport network should be set in order to promote the development of a high-quality network throughout the Union. (22) The trans-European transport network should be sufficiently equipped with alternative fuels infrastructure, in line with the deadlines set in Regulation (EU) 2023/1804 of the European Parliament and of the Council9, in order to ensure that it effectively supports the transition to zero and low emission mobility. (23) In addition to the core network, an extended core network should be defined on the basis of priority sections of the comprehensive network which are part of the European Transport Corridors. 9 Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ L 234, 22.9.2023, p. 1). PE-CONS 56/24 sl 10 TREE.2.A EN (24) The core network has been identified on the basis of an objective planning methodology. That methodology has identified the most important urban nodes, ports and airports, as well as border crossing points. Wherever possible, those nodes are to be connected by rail or road, or both, to the trans-European transport network as long as they are economically viable and feasible. The methodology has ensured the interconnection of all Member States and the integration of the main islands into the core network. (25) The core network with a deadline of 2030 and the extended core network with a deadline of 2040, unless otherwise specified in this Regulation, should constitute the foundation of the sustainable multimodal transport network, representing the strategically most important nodes and links of the trans-European transport network, according to traffic needs. They should stimulate the development of the entire comprehensive network and enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multimodal connecting points and major bottlenecks. (26) Certain existing standards of the core network should be extended to the extended core network and comprehensive network in order to reap full network benefits, to increase interoperability between network types and to enable more activity by more sustainable forms of transport, including through higher digitalisation and other technological solutions. PE-CONS 56/24 sl 11 TREE.2.A EN (27) Exemptions from the infrastructure requirements applicable to the core network, extended core network and comprehensive network should be possible only in duly justified cases and subject to certain conditions. This should include cases where investment cannot be justified, or where there are specific geographic or significant physical constraints, for example in outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, or in densely populated areas, or where there are significant negative impacts on environment or biodiversity. When assessing Member States’ requests for exemptions, the Commission should take into due consideration possible impacts on the interoperability and continuity of the network and also its impact on connected sections in neighbouring Members States. (28) A rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge of 1 435 mm (‘isolated network’ for the purposes of this Regulation) should not be subject to certain standards and requirements of this Regulation, as it would not be justified in economic cost-benefit terms by virtue of the specificities of isolated networks. Such specificities arise from the detachment of isolated networks from other networks with the European standard nominal track gauge of 1 435 mm. Moreover, while Member States should make all possible efforts to allow for the allocation on the entire network of a minimum number of train paths to freight trains with a length of at least 740 metres, they may, when assessing such efforts, take into account the specific characteristics and challenges of isolated networks and the fact that, on those networks, such allocation would not always be justified in socio-economic terms. PE-CONS 56/24 sl 12 TREE.2.A EN (29) The land-side infrastructure network, established through the core network, extended core network and comprehensive network, should integrate with the maritime dimension of the trans-European transport network. To this end, a truly sustainable, smart, seamless and resilient European Maritime Space, to be implemented in close cooperation with the European macro regional and sea basin strategies, should be created which should embrace the former ‘Motorways of the Sea’. It should encompass all maritime infrastructure components of the trans-European transport network. In the promotion of projects of common interest, attention should be paid in particular to the promotion of improved access to outermost and other remote, insular and peripheral regions. (30) The Rail Freight Corridors established on the basis of Regulation (EU) No 913/2010 of the European Parliament and of the Council10 and the Core Network Corridors defined in Regulation (EU) No 1315/2013 are complementary policy instruments pursuing closely related objectives, in particular to boost sustainable, efficient and safe transport services. Although cooperation has been fruitful on many aspects, in some cases overlapping of activities and needs for a better exchange of information have been identified. Moreover, the Rail Freight Corridors and the Core Network Corridors are not entirely geographically aligned, limiting the possibility for coordination, for example on issues such as the deployment of the infrastructure requirements of the trans-European transport network or the improvement of the quality of railway services. There is therefore an important untapped potential for streamlining, increased effectiveness and synergies. 10 Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight (OJ L 276, 20.10.2010, p. 22). PE-CONS 56/24 sl 13 TREE.2.A EN (31) As stated in the Commission Communication on the Sustainable and Smart Mobility Strategy, an integration of the Core Network Corridors and of the Rail Freight Corridors into ‘European Transport Corridors’ is needed to increase synergies between infrastructure planning and the operation of transport. The European Transport Corridors should become the instrument for the development of sustainable and multimodal freight and passenger transport flows in Europe and for the development of interoperable high-quality infrastructure and operational performance. As such, they should also be the tool to realise the vision of creating a highly competitive rail network across the Union. (32) New operational priorities for the European Transport Corridors should apply to ensure a high quality of services. In particular, the rail freight governance should make all possible efforts to ensure that the dwelling time of freight trains crossing a border between two Member States does not exceed 25 minutes on average and that most trains crossing at least one border of a European Transport Corridor arrive at their destination or at the external Union border at their scheduled time or with a delay of less than 30 minutes. The time-limit for dwelling time should not apply where a change of track gauge takes place. It should not apply either at borders between two Member States where the controls in application of Regulation (EU) 2016/399 of the European Parliament and of the Council11, which imposes in particular to carry out checks on train passengers and on railway staff on passenger and goods trains crossing external borders, have not yet been lifted and where the checks carried on trains in application of that Regulation do not allow for this time-limit to be complied with. Those changes of track gauge and checks on trains may lead to congestion and longer waiting time at the border. Delays occurred in and attributable to third countries that are crossed by freight trains should also not be taken into account. 11 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1). PE-CONS 56/24 sl 14 TREE.2.A EN (33) Originally, under Regulation (EU) No 913/2010, Member States having a rail network with a track gauge different from that of the main rail network within the Union were not obliged to participate in the establishment of freight corridors or the prolongation of existing corridors under that Regulation. Such Member States should be allowed, for a maximum temporary period of 10 years, to decide that the infrastructure manager(s) responsible for the railway infrastructure on their territory do not participate in the management board of the freight corridors on their territory. (34) Regulation (EU) No 913/2010 aims mainly at the organisation and the management of international rail corridors for competitive rail freight. Given its insularity, Ireland is not connected to other Member States by rail. Moreover, under that Regulation, Member States having a rail network with a track gauge different from that of the main rail network within the Union were not obliged to participate in the establishment of freight corridors or the prolongation of existing corridors. Ireland made use of that possibility. Accordingly, no rail freight corridor was established on the territory of Ireland. In those circumstances, given the limited added value for Irish authorities and its infrastructure managers of participating in the governance of the freight corridors under Regulation (EU) No 913/2010, Ireland should be able to decide that the representatives of its authorities and infrastructure managers responsible for the railway infrastructure on its territory do not participate in the executive board or in the management board, or both, of the freight corridors on its territory. PE-CONS 56/24 sl 15 TREE.2.A EN (35) European Transport Corridors should cover the most important long-distance transport flows and consist of key European transport multimodal axis, based on parts of the trans--European transport network, cross borders, be multimodal and open to the inclusion of all transport modes covered in this Regulation, and may also include neighbouring countries. (36) In order to establish the trans-European transport network in a coordinated and timely manner, thereby making it possible to maximise network effects, Member States concerned should ensure that appropriate measures are taken to finalise the projects of common interest of the core network, the extended core network and the comprehensive network by the set deadlines 2030, 2040 and 2050 respectively, unless otherwise specified in this Regulation. To this end, Member States should ensure that there is coherence of the national transport and investment plans with the priorities set out in this Regulation. Member States should also take into account, inter alia, the priorities set out in the work plans of the European Coordinators and in the implementing acts adopted in accordance with this Regulation. However, the scope, methodology or timeframe of national plans and programs remain solely within the competence of Member States. (37) It is necessary to identify projects of common interest which will contribute to the achievement of the trans-European transport network and which contribute to the achievement of the objectives and correspond to the priorities established in this Regulation. Their implementation should depend on their degree of maturity, on their compliance with Union and national legal procedures and on the availability of financial resources, without prejudging the financial commitment of a Member State or of the Union. PE-CONS 56/24 sl 16 TREE.2.A EN (38) Projects of common interest to develop the trans-European transport network in line with the requirements set out in this Regulation have European added value, as they contribute to a high-quality, resilient, interoperable and multimodal European network, increasing sustainability, cohesion, efficiency or user benefits. The European added value is higher if it leads, in addition to the potential value for the respective Member State alone, to significant improvements of transport connections or transport flows between Member States or between a Member State and a third country. Such cross-border projects should be the subject of priority intervention by the Union in order to ensure that they are implemented. (39) With a view to meeting the requirements of this Regulation, Member States and other project promoters should ensure that assessments of projects of common interest are carried out efficiently, avoiding unnecessary delays, and, where applicable in accordance with Directive (EU) 2021/1187 of the European Parliament and of the Council12 make all possible efforts to ensure that those projects are implemented in a timely and efficient manner. 12 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) (OJ L 258, 20.7.2021, p. 1). PE-CONS 56/24 sl 17 TREE.2.A EN (40) When carrying out socio-economic cost-benefit analysis, Member States should follow a recognised and harmonised approach in order to enable a transparent and comparative evaluation of projects of common interest. The analysis of climate-related and environmental costs and benefits should be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council13. (41) Cooperation with third countries, including neighbouring countries, is necessary in order to ensure connection and interoperability between the infrastructure networks of the Union and those countries. The Union should, where appropriate, promote projects of common interest with those countries, ensuring that the objectives and interoperability requirements of the trans-European transport network are complied with. Such projects should also be aligned with the goal of achieving climate neutrality in the Union by 2050 and ensure that there is level playing field in transport, in particular by preventing carbon leakage. (42) The resilience of the European transport network has been challenged and put to test by the devastating impact of Russia’s war of aggression against Ukraine. That aggression has redefined the geopolitical landscape, bringing to the surface the vulnerability of the Union to unforeseen disruptive events beyond the Union’s borders. Its major impacts on global markets, such as global food security, has highlighted the fact that the Union’s internal market and its transport network cannot be viewed in isolation when it comes to shaping Union policy. More than ever, better connections with the Union neighbouring partner countries are needed. 13 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). PE-CONS 56/24 sl 18 TREE.2.A EN (43) Given that new geopolitical context, the Commission Communication of 12 May 2022 entitled ‘An action plan for EU-Ukraine Solidarity Lanes to facilitate Ukraine’s agricultural export and bilateral trade with the EU’ identifies several major transport infrastructure challenges that the Union and its neighbouring countries need to resolve in order to support Ukraine’s economy and recovery, to enable agricultural and other goods to reach the Union and world markets, and ensure that connectivity with the Union is greatly enhanced for both exports and imports. To offer increased connectivity with the Union, that Communication proposed to assess the extension of the European Transport Corridors into Ukraine and the Republic of Moldova. (44) Because of Russia’s war of aggression against Ukraine, and the position adopted by Belarus in that conflict, cooperation between the Union and Russia and Belarus in the field of the trans-European transport network policy is neither appropriate or in the interest of the Union. Hence, the trans-European transport network in those two third countries should be discontinued. As a consequence, improved cross-border connections to Russia and Belarus are no longer of high priority on the territory of the Member States. Connections currently exist between Finland, Estonia, Latvia, Lithuania and Poland with those two third countries. To reflect the lesser priority in building and upgrading those connections, the last-miles of all cross-border connections with Russia and Belarus currently included in the core network should be downgraded in the maps included in this Regulation from the core to the comprehensive network for which only a later deadline of implementation of 2050 is provided for. However, in the event of a democratic transition in Belarus, building and upgrading the country’s cross border connections with the Union in line with the comprehensive economic plan for a democratic Belarus would be a high priority, including through re-inclusion of the country back in the Regulation. PE-CONS 56/24 sl 19 TREE.2.A EN (45) The new geopolitical context arising from Russia’s war of aggression against Ukraine showed how important seamless transport connections are within the Union’s territory and with neighbouring countries. A railway track gauge different from that of the European standard nominal track gauge of 1 435 mm severely hampers the interoperability of the railway networks across the Union and even impacts the competitiveness of those isolated railway networks. New railway lines of the core network or extended core network should therefore be built in European standard nominal track gauge of 1 435 mm. In addition, Member States with a network with a track gauge different from that of the European standard nominal track gauge of 1 435 mm should assess the migration of existing lines of the European Transport Corridors to the European standard nominal track gauge of 1 435 mm. This obligation should not apply to island and outermost regions, as, due to their geographical situation, their network is fully detached from any land-side connection on the Union territory. PE-CONS 56/24 sl 20 TREE.2.A EN (46) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high-quality transport network allowing rail services for passengers and freight at minimum speeds. The Union should also, in the promotion of projects of common interest, pay due attention to the implementation of double-track infrastructure for railway infrastructure suffering from capacity bottlenecks. Competitive passenger rail at high speed has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities. Complementing existing high-speed lines with lines designed for a speed of at least 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. Speed design requirements for passenger and freight lines should be limited to a certain percentage of the rail sections concerned in order to take into account the need for flexibility on rail sections with special features as a result of topographical, relief or town-planning constraints, to which the speed must be adapted in each case, including inter alia interconnecting lines, lines through stations, accesses to terminals and service facilities or depots. Exemptions should be granted by the Commission at the request of a Member State to enable further flexibility beyond the specific percentage values laid down in this Regulation, if needed and justified. When upgrading the infrastructure, Member States are encouraged to examine possibilities of design for higher speed as provided in Annex I to Directive (EU) 2016/797 of the European Parliament and of the Council14. Complementary to high-speed trains, night trains represent a sustainable way of long-distance travelling across the Union. 14 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44). PE-CONS 56/24 sl 21 TREE.2.A EN (47) A more sustainable, resilient and reliable rail freight network across Europe should be established to contribute to the competitiveness of multimodal and combined transport. The infrastructure for combined railway transport and of terminals should be upgraded to ensure that intermodal transport is primarily done by rail, inland waterways or short-sea shipping and that any initial or final, or both, legs carried out by road are as short as possible. (48) Intermodal transport accounts for around half of rail freight ton-kilometres in Europe, with its share growing. In order to achieve goals stipulated in the Commission Communication on the Sustainable and Smart Mobility Strategy to double the portion of freight transport carried by railway, special attention should be paid to transport which combines rail for the main part of the journey and truck for the first and last mile. With a view to contributing to the increase of intermodal traffic, the infrastructure should allow for the circulation of freight trains carrying standard semitrailers up to 4 m high loaded at a height of at least 27 cm above the top of the rail track while a minimum height of 33 cm should be encouraged. However, complying with that requirement entails numerous, sometimes costly, adaptation. It is therefore important to find a balanced approach to the implementation of this requirement and to ensure that its implementation is done in a cost--effective manner. In this respect, Member States should ensure that the requirement is implemented in a way that at least one domestic direct line, one direct rail freight line connection with neighbouring Member State or Member States, and one connection to at least one rail road terminal or multimodal freight terminal located in or adjacent to a maritime port which is part of the European Transport Corridor in the territory of a Member State is ensured. PE-CONS 56/24 sl 22 TREE.2.A EN  Moreover, if one or more end points of a corridor are located on the territory of a Member State, there should be at least one direct line meeting that requirement to at least one of these end points. When selecting the relevant lines, Member States should take into account the current and future rail freight transport flows. When assessing exemptions requests from the requirement related to carriage of the semi-trailers under this Regulation, the Commission should particularly take into consideration the result of the socio-economic cost-benefit analysis, as well as the potential disruption of the services caused by the necessary work needed to meet this standard. Moreover, when assessing requests for the exemptions from the requirements applicable to the railway infrastructure of the extended core network, the Commission should particularly take into consideration any major investment undertaken by the Member State concerned on a parallel line in close proximity to the ones to be newly constructed. (49) Given the fact that the deployment of the European Rail Traffic Management System (ERTMS) in Europe is accelerating, and several Member States have already adopted plans to deploy ERTMS on their entire national rail networks in an anticipated manner, there is a need to take account of this paradigm shift and set a more ambitious ERTMS deployment approach for the comprehensive network. PE-CONS 56/24 sl 23 TREE.2.A EN (50) Member States should ensure that the ERTMS is deployed on the comprehensive network by 2050, on the extended core network by 2040 and on the core network by 2030. When deploying ERTMS on the comprehensive network, a priority in terms of timing should be given to the lines which can contribute to the safe and efficient cross-border international rail transport. As deployment of a radio-based ERTMS further contributes to the elimination of national rules affecting operation, Member States should ensure that radio--based ERTMS is deployed from 2030 on new lines, or from 2040 in the event of the upgrading of the signalling system on existing lines, and that the entire trans-European transport network is equipped with radio-based ERTMS by 2050. (51) Decommissioning of class B systems brings significant maintenance savings for infrastructure managers considering the costs and the complexity of deploying ERTMS and keeping additional trackside systems for a prolonged period. Member States should, except in certain cases, ensure the decommissioning of class B systems by 2040 on the core network, by 2045 on the extended core network and by 2050 on the comprehensive network provided that an appropriate level of safety is guaranteed, while ensuring a timely information of all concerned parties about such decommissioning and the deployment of ERTMS. PE-CONS 56/24 sl 24 TREE.2.A EN (52) Inland waterways in Europe are characterised by a heterogeneous hydro-morphology which hampers a coherent performance for all waterway stretches. Inland waterways, especially free flowing stretches, may be heavily impacted by climate and weather conditions. In order to ensure reliable international traffic, while respecting the hydro-morphology and applicable environmental legislation, trans-European transport network requirements should take into account the specific hydro-morphology of each waterway (for example free-flowing or regulated rivers), as well as the objectives of environmental and biodiversity policies. For this purpose, reference water levels should be established for each European Transport Corridor, waterway or section of waterway, while taking into account the impact of climate change. In the process of specifying reference water levels, the Commission should closely cooperate with Member States and the European Coordinators concerned and with the river navigation commissions concerned set up by international agreements in order to ensure a coherent approach regarding the requirements for inland waterway infrastructure with a view to promoting that mode of transport. (53) When building or upgrading inland waterway infrastructure, particular attention should be given to avoiding potential barriers to the connectivity of free-flowing rivers. PE-CONS 56/24 sl 25 TREE.2.A EN (54) Being the entry and exit points for the land infrastructure of the trans-European transport network, maritime ports play an important geostrategic role as cross-border multimodal nodes which serve not only as transport hubs, but can also be gateways for trade, industrial clusters, military mobility and energy hubs. As highlighted in the Commission Communication of 18 May 2022 entitled ‘RePowerEU Plan’, there is a need for diversification of energy supplies, and accelerated roll-out of renewable energy. Maritime ports can contribute to this goal through the deployment of off-shore wind installations, production of green hydrogen and transport and storage of liquefied natural gas. To strengthen synergies between the transport and energy sector in the efforts to decarbonise the Union’s economy, maritime ports could also play a role in transporting of carbon dioxide through pipelines or other modes of transport. (55) Short-sea shipping can make a substantial contribution to the decarbonisation of transport by carrying more freight and passengers on sea, inter alia as to reduce road congestion on the Union’s territory and to improve access to peripheral and island regions and states. There is however a need to better integrate short-sea shipping links, constituting the maritime dimension of the trans-European transport network, with the landside network and to put stronger emphasis on the entire transport and logistic chain, both to sea and hinterland. The new overarching concept of the European Maritime Space should be promoted by creating or upgrading short-sea shipping routes and by developing maritime ports and their hinterland connections as to provide an efficient and sustainable integration with other modes of transport. Moreover, that new concept should foster sustainable short-sea shipping links with the aim to concentrate flows of freight on sea-based logistical routes in such a way as to improve existing maritime links or to establish new viable, regular and frequent maritime links. PE-CONS 56/24 sl 26 TREE.2.A EN (56) Road transport in the Union accounts for three-quarters of the total inland freight transport (based on tonne-kilometres performed) and for around 90 % of the total inland passenger transport (based on the total number of passenger-kilometres). Given the importance of road transport and the commitment to improve road safety in line with the milestone of the Commission Communication on the Sustainable and Smart Mobility Strategy, there is a need to enhance the road infrastructure from the safety point of view. In particular, Member States should ensure the safety of road transport infrastructure, and that this is monitored and, when necessary, improved in accordance with Directive 2008/96/EC of the European Parliament and of the Council15. In that respect, that Directive empowers the Commission to adopt implementing acts to establish common specifications aiming at ensuring the operational use of road markings and road signs after a group of experts has assessed the opportunity of establishing such specifications. (57) In order to guarantee access to adequate resting facilities, in particular for professional drivers, rest areas should be developed on the entire trans-European transport network and safe and secure parking areas along the core network and extended core network. 15 Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59). PE-CONS 56/24 sl 27 TREE.2.A EN (58) In order to provide alternatives to short haul flights, Member States should, except where specific geographic or significant physical constraints prevent such connections, ensure the connection of airports of the trans-European transport network of a traffic volume of more than 12 million passengers to the trans-European railway network, including the high-speed railway network where possible, allowing long-distance services, or, for airports with a total annual passenger traffic volume of more than 4 million and less than 12 million passengers located in or in the vicinity of an urban node of the trans-European railway network, the connection of such airport to that node by railway, metro, light rail tramways, cable car or, exceptionally, other zero emission public transport solutions. Such connections should be encouraged for airports with a total annual passenger traffic volume of less than 4 million passengers. (59) In order to foster innovation in the field of air transport, spaceports should be included in the list of air transport infrastructure components. However, that inclusion should be without prejudice to the competence of the Union in the area of space under Article 4(3) of the Treaty on the Functioning of the European Union (TFEU) and Article 189 TFEU which excludes any harmonisation of the laws and regulations of the Member States. Moreover, the inclusion of spaceports in the list of air transport infrastructure components under this Regulation should not lead to the application of existing or future Union legislation relating to air transport infrastructure to spaceports, unless expressly provided by such legislation. PE-CONS 56/24 sl 28 TREE.2.A EN (60) When developing the trans-European transport network, the Commission and Member States should pay particular attention to measures ensuring efficient border crossings for freight transport taking into account waiting times and interruptions at the border caused for instance by processing and controls of vehicles and on board of trains at Union borders or due to administrative, operational, safety, technical or interoperability reasons. (61) The trans-European transport network should ensure efficient multimodality in order to allow better and more sustainable modal choices to be made for passengers and freight and in order to enable large volumes to be consolidated for transfers over long distances. Multimodal terminals should play a key role to meet that objective. (62) Member States should conduct a market and prospective analysis on multimodal freight terminals on their territory and elaborate an action plan for the development of a multimodal freight terminal network. To this end, they could refer to existing studies and plans. The action plan prepared by Member States should promote the development of multimodal freight terminals. However the action plan should not lead to an obligation for the private sector to invest in terminals and should not be subject to Strategic Environmental Assessment. PE-CONS 56/24 sl 29 TREE.2.A EN (63) Urban nodes play an important role on the trans-European transport network as starting point or final destination (‘last mile’) for passengers and freight moving on the trans--European transport network and are points of transfer within or between different transport modes. It should be ensured that capacity bottlenecks and an insufficient network connectivity within urban nodes no longer hamper multimodality along the trans-European transport network. The trans-European transport network policy should focus on promoting seamless traffic flows from, to and across urban nodes on the network. The local connectivity within urban nodes should be addressed by the competent local, regional or national authorities, in particular through relevant measures of their sustainable urban mobility plans (SUMPs). (64) As an effective single framework for tackling urban mobility challenges, a SUMP, which is a long-term, all-encompassing integrated freight and passenger mobility plan for the entire functional urban area, should be adopted for each urban node. It could include objectives, targets and indicators underpinning the current and future performance of the urban transport system. Member States should ensure the collection of urban mobility data per urban node in the fields of sustainability, safety and accessibility with a view to underpinning the current and future performance of the trans-European transport network. In order to monitor accessibility to all users, disaggregating data based on age, gender and disability, where possible and in accordance with national law, should be encouraged. PE-CONS 56/24 sl 30 TREE.2.A EN (65) Member States should promote the uptake of SUMPs with a view to improving coordination among regions, cities and towns. To that end, Member States should establish a national SUMP programme with the aim of supporting local authorities to develop high--quality SUMPs and reinforce monitoring and evaluation of the SUMP implementation through appropriate measures, guidance, capacity building, assistance and possibly financial support. Member States should also designate a national SUMP contact point providing assistance for the preparation and implementation of SUMPs in accordance with the guidelines set out in this Regulation. (66) The promotion of active modes, particularly in urban nodes, contributes to the Union’s climate goals, improves public health, reduces congestion, offers last mile solution for passengers and provides economic benefits. When planning or upgrading transport infrastructure, due account should be taken of active mode infrastructures, including walking and cycling infrastructures. (67) The Mission on Climate-neutral and Smart Cities, set up under the Horizon Europe framework programme established by Regulation (EU) 2021/695 of the European Parliament and of the Council16 (‘Horizon Europe’), aims to have 100 climate neutral cities in the Union by 2030. The cities involved in the Mission will act as experimentation and innovation hubs for others to follow by 2050. 16 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). PE-CONS 56/24 sl 31 TREE.2.A EN (68) Multimodal digital mobility services help to enhance the integration of the different transport modes by combining several transport offers into one. Their further development should contribute to nudge behaviours towards the most sustainable modes, public transport and active modes such as walking and cycling, and unlock the full benefits of ‘Mobility as a Service’ solutions. (69) Information and Communication Technology (ICT) systems for transport are necessary in order to provide the basis for optimising traffic and transport operations and traffic safety and improving related services. Information flows in the transport and mobility network should be facilitated, including through the deployment of the Union Mobility Data Space. Information to passengers and freight operators, including information on multimodal ticketing and reservation systems, should be available and improved, towards the development of European digital and interoperable information systems. (70) The use of ICT systems allowing for smart enforcement based on the exchange of real-time data between economic operators and enforcement authorities necessary to check compliance with applicable regulatory requirements, including while vehicles are in motion, should be encouraged. (71) Intelligent transport systems and services as well as new emerging technologies should serve as a catalyst for the deployment of intelligent transport systems and services on all roads of the trans-European transport network. PE-CONS 56/24 sl 32 TREE.2.A EN (72) Adequate planning of the trans-European transport network is required. This also entails the implementation of specific requirements throughout the network in terms of infrastructure, ICT systems, equipment and services, including the requirements for the alternative fuel infrastructure rollout as defined in Regulation (EU) 2023/1804. It is therefore necessary to ensure adequate and concerted deployment of such requirements across Europe for each transport mode and for their interconnection across the trans-European transport network and beyond, in order to obtain the benefits of the network effect and to make efficient long-range trans-European transport operations possible. In order to ensure the deployment of alternative fuels across the entire road network of the trans-European transport network in line with the targets set in Regulation (EU) 2023/1804, references to ‘core network’ in that Regulation should be construed as references to ‘core network’ as defined in this Regulation. References to ‘comprehensive network’ in Regulation (EU) 2023/1804 should be construed as references to ‘extended core network’ and ‘comprehensive network’ as defined in this Regulation. (73) The trans-European transport network should provide the basis for the large-scale deployment of new technologies and innovation, which can allow real-time data and information exchange, and which can help enhance the overall efficiency of the European transport sector and capacity to enable secure passenger flows using efficient means, make public or greener transport means more attractive for passengers, and reduce its carbon footprint. This will contribute towards the objectives of the European Green Deal and at the same time contribute to the objective of increasing energy security for the Union. In order to achieve those objectives, the availability of alternative fuels and related infrastructure should be improved throughout the trans-European transport network. PE-CONS 56/24 sl 33 TREE.2.A EN (74) In order for the trans-European transport network to keep up with innovative technological developments and deployments, the Member States and the Commission should encourage projects of common interests which aim to promote and deploy sustainable emerging technologies that enhance and ease the transport and mobility of passengers and freight. These could cover, but should not be limited to automated train operations, autonomous vehicles, advanced air mobility solutions, including passenger and freight drones, also operating on the urban last mile, and new railway technologies such as hyperloop. (75) A sufficient number of fast recharging and refuelling points for light and heavy-duty vehicles accessible to the public should be deployed across the trans-European transport network. This aim should ensure full cross-border connectivity. Distance-based targets for the trans-European transport network as defined in Regulation (EU) 2023/1804 are to ensure a minimum of sufficient coverage of electric recharging and hydrogen refuelling points along the Union’s main road networks. PE-CONS 56/24 sl 34 TREE.2.A EN (76) Publicly accessible recharging and refuelling infrastructure along the trans-European transport network as defined in Regulation (EU) 2023/1804 should be complemented with requirements on the deployment of the corresponding recharging infrastructure, and, where appropriate, hydrogen refuelling infrastructure, in or in the vicinity of multimodal freight terminals, to provide charging and hydrogen refuelling opportunities for long haul trucks when they are being loaded or unloaded. Member States should also ensure the deployment of recharging infrastructure and examine the development of hydrogen refuelling stations in multimodal passenger hubs to allow for charging and hydrogen refuelling opportunities when the driver is taking a rest or for buses. In order to ensure free circulation, where the terminals or passenger hubs receive Union or public support, the access for purposes of charging and hydrogen refuelling, should be on a fair, affordable, transparent and non--discriminatory basis, so as to avoid market lock in for specific enterprises or possible distortions of competition. PE-CONS 56/24 sl 35 TREE.2.A EN (77) Insufficient safety, security and reliability of the infrastructure, caused by natural hazards, including climate related events and other exceptional occurrences such as pandemics, human-made disasters such as accidents, or disruptions caused by intentional acts such as terrorism and cyber-attacks, is a major problem for the efficiency and functioning of the trans-European transport network. For instance, accidents caused by several natural disasters due to extreme weather events have interrupted the transport flows significantly in the past years. The resilience of the transport network to climate change, natural hazards, human-made disasters and other disruptions should hence be improved, drawing on the risk assessment and resilience enhancing measures taken by critical entities for the transport sector pursuant to Directive (EU) 2022/2557 of the European Parliament and of the Council17. (78) The Commission, in close cooperation with the Member States concerned, should carry out an assessment of the resilience and vulnerability of the core network to the consequences of climate change. 17 Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164). PE-CONS 56/24 sl 36 TREE.2.A EN (79) Taking stock of the experience with regard to the crisis management during the COVID-19 pandemic and in order to avoid traffic disruptions and contingencies in future, Member States should take into account the security and resilience of the transport infrastructure to climate change, natural hazards, human-made disasters and other disruptions affecting the functioning of the Union transport system, when planning infrastructure. To achieve that aim, existing bottlenecks should be removed, and the European Transport Corridors should also include important diversionary lines which can be used in the event of congestion or other problems on the principal routes. In addition, due to their multimodal nature, one mode can substitute the other in the event of emergencies. PE-CONS 56/24 sl 37 TREE.2.A EN (80) Transport infrastructure is the backbone of the economy and society as a whole. Some transport infrastructure is critical to ensure the good functioning of vital societal functions, and is therefore a pillar of the strategic autonomy of the Union. Investments, interests and presence of third country undertakings in European strategic – and sometimes even military – infrastructure, such as ports, airports and container terminals, are increasing. In this context, the participation of undertakings of a third country, can accelerate the realisation of the trans-European transport network. However, under specific circumstances, the participation of or contribution by such undertakings to projects of common interest might compromise security or public order in the Union. Such increasing foreign presence in European strategic infrastructure might undermine the resilience of the Union. Therefore, it is crucial to prevent third country presence that is likely to affect security or public order in the Union. Without prejudice and in addition to the cooperation mechanism pursuant to Regulation (EU) 2019/452 of the European Parliament and of the Council18, greater awareness of such participation or contribution is necessary to allow intervention of public authorities if it appears that the participation or the contribution of third-country undertaking in a project of common interest are likely to affect security or public order in the Union and the participation or contribution does not fall under the scope of Regulation (EU) 2019/452. 18 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79 I, 21.3.2019, p. 1). PE-CONS 56/24 sl 38 TREE.2.A EN (81) While maintenance is and will remain the main responsibility of the Member States and without prejudice to the responsibility of Member States regarding in particular the planning, financing and management of the maintenance, it is important that the trans-European transport network – once built – is properly maintained to ensure a high quality of services, following a life cycle approach when planning and procuring infrastructure projects. In particular, Member States should make all possible efforts to ensure that long term maintenance planning for road and where relevant, for inland waterway infrastructure is put in place. (82) In order to implement parts of the trans-European transport network of highest strategic importance within the given timescale, a corridor approach should be used as an instrument to coordinate different projects on a transnational basis and to synchronise the development of the corridor, thereby maximising network benefits. PE-CONS 56/24 sl 39 TREE.2.A EN (83) European Transport Corridors should help to develop the infrastructure of the trans-European transport network in such a way as to address bottlenecks, enhance cross-border connections and improve efficiency and sustainability. They should contribute to cohesion through improved territorial cooperation including with neighbouring countries. They should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs. The Commission should be able to recommend the establishment of single entities for the coordination, construction or management of cross-border infrastructure projects of common interest, with a view to facilitating the implementation of large-scale and complex cross-border infrastructure projects and recommend, when relevant, cooperation between cross-border regions to target challenges in mobility. (84) In order to facilitate the coordinated implementation of the European Transport Corridors and of the two horizontal priorities, namely ERTMS and European Maritime Space, European Coordinators should be designated by the Commission in agreement with the Member States concerned and after consulting the European Parliament and the Council and, where appropriate, the neighbouring countries concerned. They should facilitate measures to design the right governance structure and ensure coherent priority setting of infrastructure and investment planning along the European Transport Corridors and of the two horizontal priorities. PE-CONS 56/24 sl 40 TREE.2.A EN (85) The European and national frameworks for transport infrastructure planning and implementation as well as work plans established by the European Coordinators should contribute to the timely schedule and planning of investments necessary for the achievement of the objectives of this Regulation. (86) The work plans of the European Coordinators should be used to promote cooperation between all relevant stakeholders, including where appropriate relevant stakeholders from neighbouring countries. They should strengthen complementarity with actions by Member States and infrastructure managers and in particular to set indicative milestones. (87) The European Coordinator of a European Transport Corridor or of a horizontal priority that extends to specific neighbouring countries should be entitled to cooperate with and involve these countries in the relevant corridor activities. (88) The technical basis of the maps specifying the trans-European transport network is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec). PE-CONS 56/24 sl 41 TREE.2.A EN (89) Taking into account the Communication of the Commission on the Action Plan on Military Mobility of March 2018 the Commission assessed the need to adapt the trans-European transport network to reflect the military use of the infrastructure. Based on the document entitled ‘Military Requirements for Military Mobility within and beyond the EU’ approved by the Council on 26 June 2023 and 23 October 202319, additional roads and railways have been included in the trans-European network to enhance the synergies between civilian and military transport networks. (90) Russia’s war of aggression against Ukraine and the new geopolitical context it has created, and as highlighted by the EU Strategic Compass for Security and Defence adopted by the Council on 21 March 2022 – For a European Union that protects its citizens, values and interests and contributes to international peace and security – the Union needs to strengthen dual-use transport infrastructure across the trans-European transport network in order to promote rapid and seamless movement of military personnel, material and equipment for operational deployments and exercises. 19 Document ST 10440/23. PE-CONS 56/24 sl 42 TREE.2.A EN (91) In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans-European transport network funding should comply with this Regulation and be based, in particular, on Regulation (EU) 2021/1153. In addition, network funding should also build on funding and financing instruments provided under other Union law, including InvestEU established by Regulation (EU) 2021/523 of the European Parliament and of the Council20, the Recovery and Resilience Facility established by Regulation (EU) 2021/241 of the European Parliament and of the Council21, Cohesion Policy as set out in Article 174 TFEU, Horizon Europe, Innovation Fund established by Directive 2003/87/EC of the European Parliament and of the Council22), and other financing instruments established by the European Investment Bank. To enable the financing of projects of common interest, references to ‘multimodal logistics platforms’, ‘motorways of the sea’ and ‘telematic applications’ in Regulation (EU) 2021/1153 should be respectively construed as references to ‘multimodal freight terminals’, ‘European Maritime Space’ and ‘ICT systems for transport’ as defined in this Regulation. For the same purpose, references to ‘core network’ in Regulation (EU) 2021/1153 should be construed as including ‘extended core network’ as specified in this Regulation. 20 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30). 21 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17). 22 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). PE-CONS 56/24 sl 43 TREE.2.A EN (92) The achievement of the objectives of the trans-European transport network, in particular with regard to the decarbonisation and digitalisation of the transport system in the Union, requires a robust regulatory framework. Ambitious reforms should be implemented by Member States to address the challenges of sustainable transport as identified in the European Semester. The Recovery and Resilience Facility supports both reforms and investments to make transport more sustainable, reduce emissions, improve safety and efficiency. Relevant measures to that effect are included in approved Recovery and Resilience Plans. (93) In order to update the maps and the list of ports, airports, terminals and urban nodes included in Annexes I and II to this Regulation, to take into account possible changes resulting in particular from the actual usage of certain elements of transport infrastructure analysed against pre-established quantitative thresholds and to amend the alignments of the European Transport Corridors in Annex III to this Regulation, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annexes I, II and III to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making23. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 23 OJ L 123, 12.5.2016, p. 1. PE-CONS 56/24 sl 44 TREE.2.A EN (94) In order to provide legal certainty and to enable long-term strategic planning, it is essential to keep the trans-European transport network as stable as possible and limit potential updates to the network to objective and transparent criteria as set out in this Regulation. (95) Some parts of the network are managed by actors other than Member States. However, Member States are responsible for ensuring that the rules governing the network are correctly applied within their territory. (96) In order to ensure a smooth and effective implementation of the obligations laid down in this Regulation, the Commission supports Member States through the Technical Support Instrument established by Regulation (EU) 2021/240 of the European Parliament and of the Council24 providing tailor-made technical expertise to design and implement reforms, including those promoting the development of the trans-European transport network. (97) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the granting of exemptions from certain requirements of this Regulation as well as for the adoption of implementing acts which specify reference water levels, which establish a methodology for the urban mobility data to be collected by Member States, for the adoption of implementing acts for the implementation of European Transport Corridors, for the implementation of cross-border sections and for the two horizontal priorities. Where provided by this Regulation, those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council25. 24 Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1). 25 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). PE-CONS 56/24 sl 45 TREE.2.A EN (98) The provisions relating to railways, and in particular any requirement to connect airports and ports to railways as well as the provisions related to multimodal freight terminals should not apply to Cyprus, Malta, islands and outermost regions for as long as no railway system is established within their territory. The provisions related to safe and secure parking should not apply to those Member States, to islands and outermost regions either as such parking spaces are not essential in the absence of transit road freight traffic on their territory. (99) Since the objectives of this Regulation, in particular the coordinated establishment and development of the trans-European transport network, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for coordination of those objectives, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. (100) It is necessary to amend Regulation (EU) 2021/1153 in order to adapt its provisions with the view to integrating the Core Network Corridors into European Transport Corridors. The definition and the alignment of the European Transport Corridors should be defined in this Regulation and should replace the Core Network Corridors as defined in Regulation (EU) 2021/1153. PE-CONS 56/24 sl 46 TREE.2.A EN (101) It is necessary to amend Regulation (EU) No 913/2010 in order to adapt its provisions with the view to integrating the Rail Freight Corridors into European Transport Corridors. (102) Regulation (EU) No 1315/2013 should be repealed, HAVE ADOPTED THIS REGULATION: PE-CONS 56/24 sl 47 TREE.2.A EN  Chapter I General principles Article 1 Subject matter 1. This Regulation establishes guidelines for the development of a trans-European transport network consisting of a comprehensive network and of a core network and extended core network, with the core network and extended core network to be established on the basis of the comprehensive network. 2. This Regulation identifies European Transport Corridors of highest strategic importance on the basis of priority sections of the trans-European transport network and projects of common interest, and specifies the requirements to be complied with for the development and implementation of the infrastructure of the trans-European transport network. 3. This Regulation sets out the priorities for the development of the trans-European transport network and provides for measures for the implementation of the trans-European transport network. PE-CONS 56/24 sl 48 TREE.2.A EN  Article 2 Scope 1. This Regulation applies to the trans-European transport network as specified in the maps set out in Annex I and in the lists in Annex II. The trans-European transport network comprises transport infrastructure, including infrastructure for the deployment of alternative fuels, ICT systems for transport, and measures to promote the efficient management and use of such infrastructure and to permit the establishment and operation of sustainable and efficient transport services. 2. The infrastructure of the trans-European transport network consists of the infrastructure for railway transport, inland waterway transport, maritime transport, road transport, air transport and multimodal transport, including in urban nodes, as laid down in the relevant sections of Chapters II, III and IV. Article 3 Definitions For the purpose of this Regulation, the following definitions apply: (1) ‘project of common interest’ means any project carried out pursuant to this Regulation; PE-CONS 56/24 sl 49 TREE.2.A EN (2) ‘neighbouring country’ means a third country falling within the scope of the European Neighbourhood Policy, the Enlargement Policy, and the European Economic Area, the European Free Trade Association or the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part26; (3) ‘NUTS region’ means a region as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council27 and classified in Annex I of that Regulation; (4) ‘cross-border section’ means the section which ensures the continuity of a project of common interest on both sides of a border, situated between the closest urban nodes to the border of two Member States or between a Member State and a neighbouring country; (5) ‘bottleneck’ means a physical, technical, functional, operational or administrative barrier which leads to a system break, including systematic congestion or standstill, affecting the continuity of traffic for long-distance or cross-border flows; (6) ‘urban node’ means an urban area where elements of the transport infrastructure of the trans-European transport network for passengers and freight, such as ports, including passenger terminals, airports, railway stations, bus terminals and multimodal freight terminals, located in and around the urban area are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic, including infrastructure for active modes; 26 OJ L 149, 30.4.2021, p. 10. 27 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1). PE-CONS 56/24 sl 50 TREE.2.A EN (7) ‘isolated network’ means a rail network of a Member State, or part thereof, with a track gauge different from that of the European standard nominal track gauge of 1 435 mm; (8) ‘multimodal transport’ means the carriage of passengers or freight, or both, using two or more modes of transport; (9) ‘multimodal digital mobility service’ means ‘multimodal digital mobility service’ as defined in Article 4, point (24), of Directive 2010/40/EU of the European Parliament and of the Council28; (10) ‘interoperability’ means the ability, including in the light of all the regulatory, technical, administrative and operational conditions, of the infrastructure, including digital infrastructure in a transport mode or segment and between different transport modes, to allow safe and uninterrupted traffic and information flows which achieve the required levels of performance for that infrastructure mode or segment; (11) ‘multimodal passenger hub’ means a connection point between at least two transport modes for passengers, where travel information, access to public transport and transfers between modes are ensured, such as park-and-ride stations, and which acts as an interface within and between urban nodes and between urban nodes and longer-distance transport networks; 28 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1). PE-CONS 56/24 sl 51 TREE.2.A EN (12) ‘multimodal freight terminal’ means a structure equipped for transhipment between at least two transport modes, or between two different rail systems, and for temporary storage of freight, such as terminals in inland or maritime ports, along inland waterways and in airports, as well as rail road terminals; (13) ‘sustainable urban mobility plan’ or ‘SUMP’ means a document for strategic mobility planning, aiming at improving, in a sustainable way, accessibility to and mobility within the functional urban area, including commuting zones in that urban area or in its vicinity), for people, businesses and goods in view in particular of a better quality of life; (14) ‘active mode’ means the transport of people or goods, through non-motorised means, based on human physical activity, including vehicles with electric auxiliary propulsion as referred to in Article 2(2), point (h), of Regulation (EU) No 168/2013 of the European Parliament and of the Council29; 29 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). PE-CONS 56/24 sl 52 TREE.2.A EN (15) ‘ICT systems for transport’ means information and communications technology systems and applications using information, communication, navigation or positioning or localisation technologies, including space based technologies, which make it possible to process, store and exchange the data and information needed to manage infrastructure, mobility and traffic on the trans-European transport network effectively, to report relevant information to authorities and to provide services to citizens, shippers and operators that add value, including systems for resilient, safe, secure, environmentally sound and capacity-efficient use of the network; they include systems, technologies and services referred to in points (16) to (22) and may also include on-board devices with corresponding infrastructure or digital components; (16) ‘Intelligent Transport Systems’ or ‘ITS’ means ‘Intelligent Transport Systems’ as defined in Article 4, point (1), of Directive 2010/40/EU; (17) ‘Vessel Traffic Monitoring and Information System’ or ‘VTMIS’ means the ‘vessel traffic monitoring and information system’ established by Directive 2002/59/EC of the European Parliament and of the Council30; 30 Directive 200