The European Parliament adopted a legislative resolution approving the Council's first-reading position with a view to the adoption of a directive of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T).
The proposed directive is part of the third ‘Europe on the move’ mobility package, which aims to make European mobility safer, cleaner, more efficient and more accessible. The main aim of the directive is to simplify the authorisation rules in order to facilitate the completion of the trans-European transport network (TEN-T). It also aims to bring greater clarity to the processes which project promoters need to follow, in particular as regards permit granting, public procurement and other procedures.
Scope of application
The Directive should cover:
- the pre-identified cross-border links and missing links of the TEN-T core network corridors as contained in section 1 of part III of the Regulation Connecting Europe Facility 2021-2027;
- projects on the core network corridors exceeding EUR 300 million. Not included are the projects that exclusively relate to telematics applications, new technology and innovation as defined in the TEN-T Regulation.
Member States can choose to extend the scope of application of this Directive to all projects on the core network or even of the comprehensive network.
Priority status
Member States should ensure that authorities give priority to projects covered by the Directive in granting procedures. They will also be able to test specific permit-granting procedures for priority projects which already exist under national law by allowing for testing specific permit-granting procedures.
Designated authority
The Council position defines the role and responsibility of the designated authority, which will be the main contact point for information to the project promoter and will also provide guidance on the provision of all relevant documents and information on request.
The Directive also sets a deadline for the designation of this authority, namely 24 months after the entry into force of the Directive.
Duration and organisation of the authorisation procedure
In order to provide sufficient flexibility with regard to the deadline for the completion of the authorisation procedure, the Directive sets the overall deadline for the authorisation procedure at four years. In addition, two extensions of this period may be granted in duly justified cases.
The different phases of the authorisation procedure are merged into one, in the interests of simplification. At the same time, the Directive allows Member States to establish different stages during the four-year period in accordance with their national law.
Coordination of cross-border authorisation procedures - role of the European coordinators
The Directive ensures that Member States' authorities will cooperate in the case of cross-border projects as regards the granting of authorisations. It also provides that the European coordinators will receive information on the authorisation procedure, facilitate contacts between the designated authorities and request information when deadlines are not met.
Reporting
The Directive adds a reporting obligation for Member States to inform the Commission every two years on the number of permit-granting procedures falling within the scope of this Directive, the average length of the procedures, the number of permit-granting procedures exceeding the time limit and the establishment of any joint authorities. The Commission can accept this amendment.
Transposition
As the co-legislators agreed to change the legal nature of the proposal by transforming the Regulation into a Directive, the transposition period is set at 24 months after the entry into force of the Directive.