Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks
Modified by
Regulation (EC) No 1655/1999 of the European Parliament and of the Councilof 19 July 1999amending Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks, 399R1655, July 29, 1999
Regulation (EC) No 788/2004 of the European Parliament and of the Councilof 21 April 2004amending Council Regulation (EC) No 2236/95 and Regulations (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No 2152/2003 with a view to adapting the reference amounts to take account of the enlargement of the European Union, 304R0788, April 30, 2004
Regulation (EC) No 807/2004 of the European Parliament and of the Councilof 21 April 2004amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks, 304R0807, April 30, 2004
Regulation (EC) No1159/2005 of the European Parliament and of the Councilof 6 July 2005amending Council Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks, 305R1159, July 22, 2005
Council Regulation (EC) No 2236/95of 18 September 1995laying down general rules for the granting of Community financial aid in the field of trans-European networksTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the third paragraph of Article 129d thereof,Having regard to the proposal from the CommissionOJ No C 89, 26. 3. 1994, p. 8.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 195, 18. 7. 1994, p. 74.,Having regard to the opinion of the Committee of the RegionsOJ No C 217, 6. 8. 1994, p. 36.,Acting in accordance with the procedure laid down in Article 189c of the TreatyOpinion of the European Parliament of 30 November 1994 (OJ No C 363, 19. 12. 1994, p. 23). Council common position of 31 March 1995 (OJ No C 130, 29. 5. 1995, p. 1) and Decision of the European Parliament of 12 July 1995 (not yet published in the Official Journal).,Whereas under Article 3 (n) of the Treaty the activities of the Community should include encouragement for the establishment and development of trans-European networks;Whereas Article 129b of the Treaty states that to help achieve the objectives referred to in Articles 7a and 130a of the Treaty the Community shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures;Whereas Article 129b (2) of the Treaty is aimed at promoting the interconnection and interoperability of national networks as well as access to such networks and must take account in particular of the need to link island, landlocked and peripheral regions with the central regions of the Community;Whereas Article 129c of the Treaty provides that the Community shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks and that it may support the financial efforts of the Member States to establish trans-European networks;Whereas general rules should be laid down for the Community financing of trans-European networks, thereby permitting implementation of this Article;Whereas under Article 129c of the Treaty Community aid may be granted to projects of common interest which are identified in the framework of the guidelines;Whereas the guidelines referred to in Article 129c (1) of the Treaty, proposed by the Commission, are under consideration by the European Parliament and the Council; whereas, should the decisions adopting these guidelines not have entered into force when this Regulation enters into force, provision should be made on a transitional basis for a possible Community contribution to specific priority projects within the limits of the appropriations available for the financial year 1995 and at the latest until 31 December 1995;Whereas involvement of private capital funding trans-European networks should be increased and the partnership between the public and private sectors developed;Whereas Community aid may take the form in particular of feasibility studies, loan guarantees or interest rate subsidies; whereas these subsidies and guarantees relate in particular to financial support from the European Investment Bank or other public or private financial bodies; whereas in certain duly justified cases direct grants to investments may be considered;Whereas loan guarantees will be granted on a commercial basis by the European Investment Fund or by other financial organizations; whereas Community financial aid may cover all or part of the premiums paid by the beneficiaries of these guarantees;Whereas Community aid is chiefly intended to overcome any financial obstacles which may arise during the start-up phase of a project;Whereas it is necessary to set a limit for Community aid in relation to the total cost of investment;Whereas Community aid is to be granted to projects on the basis of how much they contribute to the objectives of Article 129b of the Treaty and the other objectives and priorities covered by the guidelines referred to in Article 129c of the Treaty; whereas account should also be taken of other aspects such as the stimulative effect on public and private finance, the direct and indirect socio-economic effects of projects, in particular on employment, and the consequences for the environment;Whereas the Commission must carefully evaluate the potential economic viability of the projects, with the help of cost/benefit analyses and other appropriate criteria, as well as their financial profitability;Whereas Community financial support under Article 129c (1) of the Treaty must be compatible with Community policies, in particular on networks and as regards environmental protection, competition and the award of public contracts; whereas environmental protection includes an environmental impact assessment;Whereas it is necessary to clarify the respective powers and responsibilities of Member States and the Commission with regard to financial control;Whereas the Commission must ensure proper coordination of all Community activities, especially between financing under trans-European networks, and that of the Structural and Cohesion Funds, of the European Investment Fund and of the European Investment Bank, affecting trans-European networks;Whereas provision should be made for suitable methods of evaluation, follow-up and control of Community aid;Whereas there should be suitable information, publicity and transparency regarding the activities financed;Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Regulation for its implementation, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;Whereas an assessment should be made before the end of the financial perspective for the period 1994-99 whether and to what extent the action provided for in this Regulation meets the Community's needs,HAS ADOPTED THIS REGULATION: