Annexes to COM(2023)702 - Amendment of Council Directive 92/106/EEC as regards a support framework for intermodal transport of goods and Regulation 2020/1056 as regards calculation of external costs savings and generation of aggregated data - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)702 - Amendment of Council Directive 92/106/EEC as regards a support framework for intermodal transport of goods and Regulation ... |
|---|---|
| document | COM(2023)702  |
| date | November 7, 2023 |
In 2016, the Commission conducted a REFIT evaluation, which concluded that the CTD continued to be a relevant instrument for supporting combined transport, but that there was a significant potential for further improving the effectiveness of the CTD as some of the provisions of the CTD were outdated or unclear, providing significant room for ambiguous interpretation of the Directive and therefore a non-harmonised implementation.
Subsequently the Commission made a new proposal in 2017 to amend the CTD with a focus on clarifying the definition in light of existing case law and complaints without changing the approach based on fixed distances for different parts of the operation. It also proposed to promote investments into terminal infrastructure and considerably improve the fiscal and economic support tools.
While all Member States welcomed the amendment and supported the objective to improve the competitiveness of combined transport, any proposals to extend the eligibility, and in particular to extend the scope to operations in Member States, were met rather with resistance. Similarly, many Member States were against an obligation to facilitate the increase of terminal capacity, while they could agree on an obligation to promote terminal investments. As regards an increased support to combined transport operations Member States views diverged, meaning Member States did not support a harmonised mandatory support, but an obligation to provide support when the choice of support tool was left to the Member States. The current proposal has been prepared keeping those Member States’ concerns in mind.
The European Parliament broadly supported the proposal, proposed further ambition as regards the economic support, but also requested some exemptions. Several amendments introduced by the co-legislators modified the proposal in a manner which, if adopted, would have significantly reduced the ambition and effectiveness of the Commission proposal. Therefore, the Commission withdrew its proposal.
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments
The proposed Directive is a key deliverable of the Communication from the Commission on a Sustainable and Smart Mobility Strategy (SSMS), which sets out the EU vision for the transport system of the future. The strategy announced that the Commission is planning to conduct a review of the regulatory framework for intermodal transport, including the Combined Transport Directive (under Flagship 4 – Greening Freight Transport).
The Directive will create synergies with other transport policies and pieces of the EU regulatory framework which either target the environmental performance of individual modes and the transport system or the internalisation of external costs. As regards the environmental performance, those pieces include notably Regulation (EU) 2019/1242, COM(2021) 557 and COM(2021) 559. Measures targeting the internalisation of external costs include carbon pricing, infrastructure charges, energy and vehicle taxes.
The proposal is compatible with the Multiannual Financial Framework. The initiative requires funding to finance at least three market studies necessary to comply with the reporting obligations established under the Directive and a study to assess whether there is a need to develop a terminal categorisation/labelling framework as stipulated by the Directive.
1.5.5. Assessment of the different available financing options, including scope for redeployment
The budgetary implications of this proposal are dealt with under this legislative financial statement. In terms of expenditures, the specific budgetary impact of this initiative is limited to appropriations for studies as mentioned under 1.5.4. The execution of these activities does not require an increase of human resources of the European Commission. Within the current MFF, the needs can be met by redeployment within the transport prerogative budget line for EUR 0.4 million. No additional cost is foreseen within the current MFF. In the post-2027 MFF, the cost for the studies is proposed to be financed through the subsequent MFF, without pre-empting the agreement on the MFF and programmes.
1.6. Duration and financial impact of the proposal/initiative
limited duration
in effect from [DD/MM]YYYY to [DD/MM]YYYY
Financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.
unlimited duration
Implementation with a start-up period from 2027-2037
followed by full-scale operation.
1.7. Method(s) of budget implementation planned
Direct management by the Commission
by its departments, including by its staff in the Union delegations;
by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
third countries or the bodies they have designated;
international organisations and their agencies (to be specified);
the EIB and the European Investment Fund;
bodies referred to in Articles 70 and 71 of the Financial Regulation;
public law bodies;
bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees;
bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees;
bodies or persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
If more than one management mode is indicated, please provide details in the ‘Comments’ section.
Comments
N/A
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
Specify frequency and conditions.
The Commission will be overall accountable for implementing the proposed Directive as well as for reporting to the European Parliament and the Council (a) on the competitiveness of intermodal transport compared to unimodal road transport prior to the application of the Directive and afterwards (b) every five years on the economic development of intermodal transport in the Union. After ten years the Commission will assess whether the support scheme is still needed.
The tasks directly implemented by DG MOVE will follow the annual cycle of planning and monitoring, as implemented in the Commission and the executive agencies, including reporting the results through the Annual Activity Report of DG MOVE.
2.2. Management and control system(s)
2.2.1. Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed
The Commission and more specifically, DG MOVE, will manage the implementation of the proposed Directive. Funding will be provided through procurement agreements. The expenditure will be implemented through directly managed procurements, in full application of the provisions of the Financial Regulation. The control strategy for procurements and grants in DG MOVE includes specific ex-ante legal, operational and financial controls on the procedures as well as on the signature of contracts and agreements. In addition, expenditure made to procure goods and services is subject to ex-ante and, when necessary, ex-post financial controls.
2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them
The risk of error at payment and at closure is expected to remain under 2%.
The potential risks related to the procurement of services of this value are considered low.
These risks are linked to use of procurement procedures: delays, availability of data, timely information to the market, etc. These risks would be covered by the existing mechanisms of the Financial Regulation and mitigated by the set of internal controls deployed by DG MOVE (systematic ex-ante legal and financial controls before publication of calls for proposals and before the award of the contract, monitoring and assessment of deliverables, ex-post audits of expenditure as defined in the yearly Audit work plans).
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
Considering the limited scope and amount of EU funding to be granted, and since beneficiaries of EU funds are regarded as low-risk, the tasks resulting from the proposed Directive are not expected to generate additional control costs beyond the existing cost of controls of DG MOVE.
2.3. Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The regular Commission prevention and protection measures would apply, specifically:
- Payments for any services are checked by the Commission staff prior to payment, taking into account any contractual obligations, economic principles and good financial or management practice. Anti-fraud provisions (supervision, reporting requirements, etc.) will be included in all contracts concluded between the Commission and recipients of any payments.
- To combat fraud, corruption and other unlawful activities, the provisions of Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by the European Anti-fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) established by Council Regulation (EU) 2017/1939 shall apply without restriction.
The Commission further maintains a robust antifraud strategy, CAFS, currently under revision.
In addition, DG MOVE adopted a revised Anti-fraud Strategy (AFS) in 2020. The MOVE AFS is based on the Commission Anti-fraud Strategy and anticipates a specific risk assessment carried out internally to identify the areas most vulnerable to fraud, on the controls already in place, and the actions necessary to improve DG MOVE’s capacity to prevent, detect and correct fraud.
The contractual provisions applicable to public procurement ensure that audits and on-the-spot checks can be carried out by the Commission services, including OLAF, using the standard provisions recommended by OLAF.
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | ||||
| Number | Diff./Non-diff.0 | from EFTA countries0 | from candidate countries and potential candidates0 | from other third countries | other assigned revenue | ||
| 1 | 02.20.04.01 | Diff. | NO | NO | NO | NO |
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations
The proposal/initiative does not require the use of operational appropriations
The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
| Heading of multiannual financial framework | 1 | Single Market, Innovation and Digital |
| DG: MOVE | Year 2027 | TOTAL0 | ||
| □ Operational appropriations | ||||
| Budget line 02.20.04.01 | Commitments | (1a) | 0,4 | 0,4 |
| Payments | (2a) | 0,4 | 0,4 | |
| TOTAL appropriations for DG MOVE | Commitments | 0,4 | 0,4 | |
| Payments | 0,4 | 0,4 |
| □ TOTAL operational appropriations | Commitments | (4) | 0,4 | 0,4 |
| Payments | (5) | 0,4 | 0,4 | |
| TOTAL appropriations under HEADING 1 of the multiannual financial framework | Commitments | 0,4 | 0,4 | |
| Payments | 0,4 | 0,4 |
| □ TOTAL operational appropriations (all operational headings) | Commitments | (4) | 0,4 | 0,4 |
| Payments | (5) | 0,4 | 0,4 | |
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings) | (6) | |||
| TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount) | Commitments | =4+ 6 | 0,4 | 0,4 |
| Payments | =5+ 6 | 0,4 | 0,4 |
| Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex 5 to the Commission decision on the internal rules for the implementation of the Commission section of the general budget of the European Union), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | |||||
| DG: <…….> | ||||||||||
| □ Human resources | ||||||||||
| □ Other administrative expenditure | ||||||||||
| TOTAL DG <…….> | Appropriations |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) |
EUR million (to three decimal places)
| Year 2027 | Year 2032 | Year 2037 | Year tbc | TOTAL | |||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | 0,4 | 0,6 | 0,7 | 0,3 | 2,0 | |
| Payments | 0,4 | 0,6 | 0,7 | 0,3 | 2,0 |
3.2.2. Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs | Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||||||||||
| OUTPUTS | ||||||||||||||||||
| Type0 | Average cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | |
| SPECIFIC OBJECTIVE No 10… | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 1 | ||||||||||||||||||
| SPECIFIC OBJECTIVE No 2 ... | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 2 | ||||||||||||||||||
| TOTALS |
3.2.3. Summary of estimated impact on administrative appropriations
The proposal/initiative does not require the use of appropriations of an administrative nature
The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
| Year N 0 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL |
| HEADING 7 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other administrative expenditure | ||||||||
| Subtotal HEADING 7 of the multiannual financial framework |
| Outside HEADING 70 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other expenditure of an administrative nature | ||||||||
| Subtotal outside HEADING 7 of the multiannual financial framework |
| TOTAL |
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
3.2.3.1. Estimated requirements of human resources
The proposal/initiative does not require the use of human resources.
The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full time equivalent units
| Year 2025 | Year 2026 | Year 2027 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | |||||
| □ Establishment plan posts (officials and temporary staff) | |||||||||
| 20 01 02 01 (Headquarters and Commission’s Representation Offices) | |||||||||
| 20 01 02 03 (Delegations) | |||||||||
| 01 01 01 01 (Indirect research) | |||||||||
| 01 01 01 11 (Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| □ External staff (in Full Time Equivalent unit: FTE)0 | |||||||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | 0 | 0 | 0 | 0 | |||||
| 20 02 03 (AC, AL, END, INT and JPD in the delegations) | |||||||||
| XX 01 xx yy zz 0 | - at Headquarters | ||||||||
| - in Delegations | |||||||||
| 01 01 01 02 (AC, END, INT - Indirect research) | |||||||||
| 01 01 01 12 (AC, END, INT - Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| TOTAL | 0 |
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | |
| External staff |
3.2.4. Compatibility with the current multiannual financial framework
The proposal/initiative:
can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).
The initiative is financed by the transport policy support budget line (02.20.04.01), no reprogramming is required.
requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.
Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.
requires a revision of the MFF.
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.5. Third-party contributions
The proposal/initiative:
does not provide for co-financing by third parties
provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
| Year N0 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3. Estimated impact on revenue
The proposal/initiative has no financial impact on revenue.
The proposal/initiative has the following financial impact:
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines ◻
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative0 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For assigned revenue, specify the budget expenditure line(s) affected.
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
1Regulation (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 (‘European Climate Law’), OJ L 243, 9.7.2021, p. 1-17.
2COM(2019)640 final.
3COM(2021) 400 final.
4REPowerEU:https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal/repowereu-affordable-secure-and-sustainable-energy-europe_en
5Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States
6EU 'Save Energy', COM(2022) 240 final.
7COM(2020) 789 final.
8Combined transport is a subset of intermodal transport meeting the definition in the CTD.
9Council Directive 75/130//EEC of 17 February 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States, OJ L 48, 22.2.1975
10SWD(2016) 140 final.
11COM(2019) 640 final.
12COM(2021) 812 final
13This included 11 public authorities (CZ, two public authorities from BE, AT, three public authorities from FR, NO, IT, DE, SE), 49 industry stakeholders, four citizens and six responses under the category ‘others’.
14European Court of Auditors (2023), op. cit.
15 14 out of 31 industry respondents and 4/8 authorities.
16Regulation (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 (‘European Climate Law’), OJ L 243, 9.7.2021, p. 1-17.
17COM(2019)640 final.
18REPowerEU: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal/repowereu-affordable-secure-and-sustainable-energy-europe_en
19EU 'Save Energy', COM(2022) 240 final.
20COM(2021) 400 final.
21COM(97) 243 final.
22COM(2011) 144 final.
23Regulation (EU) 2019/1242
24COM(2021) 557 final
25The SSMS sets a milestone for all external costs of transport within the EU to be covered by the transport users at the latest by 2050.
26https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13134-International-freight-and-passenger-transport-increasing-the-share-of-rail-traffic_en
27Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic, OJ L 235, 17.9.1996, p. 59–75. It allows heavier and longer road vehicles to be used in intermodal transport, including combined transport road legs.
28Regulation (EU) 2020/1056
29COM(2021) 324 final.
30Comparative analysis of transhipment technologies for intermodal transport and their costs, PWC, KombiConsult 2022, https://transport.ec.europa.eu/news/study-analyses-transhipment-options-more-competitive-intermodal-transport-and-terminal-capacity-ten-2022-05-05_en
31COM(2021) 812 final.
32Regulation (EU) 1055/2020 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector, OJ L 249, 31.7.2020, p. 17–32.
33Actions for annulment in respect of this provision have been lodged with the Court of Justice by some Member States (C-542/20, Lithuania v. Parliament and the Council, C-545/20, Bulgaria v. Parliament and the Council, C-547/20, Romania v. Parliament and the Council and C-554/20, Poland v. Parliament and the Council).
1SWD (2016) 140 final
2CE Delft (2019).
3To ensure sufficiently precise comparison of operations, it would be necessary to continue updating the Handbook on regular basis, taking into account the latest scientific evidence. In addition, consistency and complementarity with the upcoming CEEU has to be ensured.
4Platforms for business-to-authorities (B2A) electronic data exchange established according to Regulation (EU) 2020/1056.
1OJ C , , p. .
2OJ C , , p. .
3Regulation (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 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj).
4Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan (COM(2022) 230 final).
5Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM(2021) 400 final).
6Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p.38, ELI: http://data.europa.eu/eli/dir/1992/106/oj).
7Judgment of 7 May 1991, Commission / Italy (C-45/89, ECR 1991 p. I-2053) ECLI:EU:C:1991:185.
8Regulation (EU) 1056/2020 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information (OJ L 249, 31.7.2020, p. 33, ELI: http://data.europa.eu/eli/reg/2020/1056/oj).
9 Handbook on the external costs of transport. European Commission. Version 2019 – 1.1, Publications Office of the European Union, ISBN 978-92-76-18184-2
10Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of road infrastructures (OJ L 187, 20.7.1999, p. 42, ELI: http://data.europa.eu/eli/dir/1999/62/oj).
11OJ L 123, 12.5.2016, p. 1.
12Regulation (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. 1313, ELI: http://data.europa.eu/eli/reg/2011/182/oj).
13OJ C 369, 17.12.2011, p. 14.
0As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
0Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
0EFTA: European Free Trade Association.
0Candidate countries and, where applicable, potential candidates from the Western Balkans.
0Beyond 2027, the cost of the proposal is estimated at EUR 0.6 million in 2032, EUR 0.7 million in 2037 and a final additional EUR 0.3 million later bringing the total costs for the EU budget to EUR 2 million, which is proposed to be financed through the subsequent MFFs, without pre-empting the agreement on the MFFs and programmes.
0Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
0As described in point 1.4.2. ‘Specific objective(s)…’
0Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
0Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
0AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.
0Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
0Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
0As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
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