Article 1: Subject-matter
Article 2: Definitions
Article 3: General objectives
Article 4: Specific sectoral objectives
Those indicators shall not constitute selection or eligibility criteria for actions for support from the CEF.
Indicative percentages reflecting the proportion of the overall budgetary resources referred to in point (a) of Article 5(1) to be allocated to each of the three transport-specific objectives are set out in Part IV of Annex I to this Regulation. The Commission shall not deviate from those indicative percentages by more than 5 percentage points;
The conditions of eligibility for Union financial assistance for projects of common interest are set out in Article 14 of GTEEIR, whilst the selection criteria for projects of common interest are set out in Article 4 of that Regulation.
Article 5: Budget
Article 6: Forms of financial assistance
Article 7: Eligibility and conditions for financial assistance
To allow for the most efficient use of the Union budget so as to enhance the multiplier effect of Union financial assistance, the Commission shall provide financial assistance as a priority in the form of financial instruments whenever appropriate, subject to market take-up and whilst respecting the ceiling for the use of financial instruments in accordance with Article 14(2) and Article 21(4).
Article 8: Forms of grants and eligible costs
The work programmes referred to in Article 17 of this Regulation shall establish the forms of grants that may be used to fund the actions concerned.
As regards the amount of EUR 11 305 500 000 transferred from the Cohesion Fund to be spent in Member States eligible for funding from the Cohesion Fund, the eligibility rules concerning VAT shall be those applicable to the Cohesion Fund referred to in a Regulation laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provision on the European Regional Development Fund, the European Social Fund and the Cohesion Fund.
Article 9: Conditions for participation
They may not receive financial assistance under this Regulation except where it is indispensable to the achievement of the objectives of a given project of common interest.
Article 10: Funding rates
Article 11: Specific calls for funds transferred from the Cohesion Fund in the transport sector
Article 12: Cancellation, reduction, suspension and termination of the grant
Article 13: Procurement
Article 14: Types of financial instruments
The merging of project bonds shall be subject to the interim report to be carried out in the second half of 2013 as defined in Regulation 2007/680 and in Decision No 1639/2006/EC. The Project Bond Initiative shall start up progressively within a ceiling of EUR 230 000 000 during the years 2014 and 2015. The full implementation of the initiative shall be subject to independent full-scale evaluation to be carried out in 2015 as provided for in Regulation 2007/680 and in Decision No 1639/2006/EC. In the light of that evaluation, taking into account all options, the Commission shall consider proposing appropriate regulatory changes, including legislative changes, in particular if the predicted market uptake is not satisfactory or in the event that sufficient alternative sources of long-term debt financing become available.
Article 15: Conditions for granting financial assistance through financial instruments
Article 16: Actions in third countries
Article 17: Multiannual and/or annual work programmes
The amount of the financial envelope shall lie within a range of 80 % to 85 % of the budgetary resources referred to in point (a) of Article 5(1).
The projects detailed in Part I of Annex I are not binding on the Member States for their programming decisions. The decision to implement those projects is a competence of Member States and depends on public financing capacities, and on their socio-economic viability in accordance with Article 7 of Regulation 2013/1315.
Article 18: Granting of Union financial assistance
Article 19: Annual instalments
The Commission shall communicate to the beneficiaries of grants, to the Member States concerned and, if applicable for financial instruments, to the financial institutions concerned an indicative timetable covering the commitment of the individual annual instalments.
Article 20: Carry-over of annual appropriations
Article 21: Delegated acts
When amending Part III of Annex I to this Regulation in the cases set out in the first subparagraph, the Commission shall at all times ensure that:
Article 22: Responsibility of beneficiaries and Member States
Member States shall undertake the technical monitoring and financial control of actions in close cooperation with the Commission and shall certify that the expenditure incurred in respect of projects or parts thereof has been disbursed and that the disbursement was in conformity with the relevant rules. The Member States may request the Commission to participate during on-the-spot checks and inspections.
Member States shall inform the Commission annually, if relevant through an interactive geographical and technical information system, about the progress made in implementing projects of common interest and the investments made for this purpose, including the amount of support used with a view to attaining climate-change objectives. On that basis, the Commission shall make public, and update at least annually, information about the specific projects under the CEF.
Article 23: Compliance with Union policies and Union law
Article 24: Protection of the Union's financial interests
Article 25: Committee procedure
Article 26: Exercise of delegation
Article 27: Evaluation
Article 28: Information, communication and publicity
Article 29: Amendment of Regulation (EU) No 913/2010
The Annex to Regulation (EU) No 913/2010 is replaced by the text of Annex II to this Regulation. Consequently, the rail freight corridors revised shall remain subject to the provisions of Regulation (EU) No 913/2010.
Article 30: Transitional provisions
Article 31: Repeal
Article 32: Entry into force
It shall apply from 1 January 2014.
Recital 1
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PART I
LIST OF PRE-IDENTIFIED PROJECTS ON THE CORE NETWORK IN THE TRANSPORT SECTOR LIST OF PRE-IDENTIFIED PROJECTS ON THE CORE NETWORK IN THE TRANSPORT SECTOR
Horizontal Priorities Horizontal Priorities
Baltic – Adriatic Baltic – Adriatic
ALIGNMENT:
Gdynia – Gdańsk – Katowice/Sławków
Gdańsk – Warszawa – Katowice
Katowice – Ostrava – Brno – Wien
Szczecin/Świnoujście – Poznań – Wrocław – Ostrava
Katowice – Žilina – Bratislava – Wien
Wien – Graz – Villach – Udine – Trieste
Udine – Venezia – Padova – Bologna – Ravenna
Graz – Maribor – Ljubljana – Koper/Trieste
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Helsinki – Tallinn – Rīga
Ventspils – Rīga
Rīga – Kaunas
Klaipėda – Kaunas – Vilnius
Kaunas – Warszawa
BY border – Warszawa – Poznań – Frankfurt/Oder – Berlin – Hamburg
Berlin – Magdeburg – Braunschweig – Hannover
Hannover – Bremen – Bremerhaven/Wilhelmshaven
Hannover – Osnabrück – Hengelo – Almelo – Deventer – Utrecht
Utrecht – Amsterdam
Utrecht – Rotterdam – Antwerpen
Hannover – Köln – Antwerpen
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Algeciras – Bobadilla –Madrid – Zaragoza – Tarragona
Sevilla – Bobadilla – Murcia
Cartagena – Murcia – Valencia – Tarragona
Tarragona – Barcelona – Perpignan – Marseille/Lyon – Torino – Novara – Milano – Verona – Padova – Venezia – Ravenna/Trieste/Koper - Ljubljana – Budapest
Ljubljana/Rijeka – Zagreb – Budapest – UA border
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Hamburg – Berlin
Rostock – Berlin – Dresden
Bremerhaven/Wilhelmshaven – Magdeburg – Dresden
Dresden – Ústí nad Labem – Mělník/Praha - Kolín
Kolín – Pardubice – Brno – Wien/Bratislava – Budapest – Arad – Timișoara – Craiova – Calafat – Vidin – Sofia
Sofia – Plovdiv – Burgas
Plovdiv – TR border
Sofia – Thessaloniki – Athína – Piraeus – Lemesos – Lefkosia
Athína – Patras/Igoumenitsa
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
RU border – Hamina/Kotka – Helsinki – Turku/Naantali – Stockholm – Malmö
Oslo – Göteborg – Malmö – Trelleborg
Malmö – København – Kolding/Lübeck – Hamburg – Hannover
Bremen – Hannover – Nürnberg
Rostock – Berlin – Leipzig – München
Nürnberg – München – Innsbruck – Verona – Bologna – Ancona/Firenze
Livorno/La Spezia - Firenze – Roma – Napoli – Bari – Taranto – Valletta
Napoli – Gioia Tauro – Palermo/Augusta – Valletta
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Genova – Milano – Lugano – Basel
Genova –Novara – Brig – Bern – Basel – Karlsruhe – Mannheim – Mainz – Koblenz – Köln
Köln – Düsseldorf – Duisburg – Nijmegen/Arnhem – Utrecht – Amsterdam
Nijmegen – Rotterdam – Vlissingen
Köln – Liège – Bruxelles/Brussel – Gent
Liège – Antwerpen – Gent – Zeebrugge
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Algeciras – Bobadilla – Madrid
Sines / Lisboa – Madrid – Valladolid
Lisboa – Aveiro – Leixões/Porto
Aveiro – Valladolid – Vitoria – Bergara – Bilbao/Bordeaux – Paris – Le Havre/Metz – Mannheim/Strasbourg
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Belfast – Baile Átha Cliath/Dublin – Corcaigh/Cork
Glasgow/Edinburgh – Liverpool/Manchester – Birmingham
Birmingham – Felixstowe/London /Southampton
London – Lille – Brussel/Bruxelles
Amsterdam – Rotterdam – Antwerpen – Brussel/Bruxelles – Luxembourg
Luxembourg – Metz – Dijon – Macon – Lyon – Marseille
Luxembourg – Metz – Strasbourg – Basel
Antwerpen/Zeebrugge – Gent – Dunkerque/Lille – Paris
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
ALIGNMENT:
Strasbourg – Stuttgart – München – Wels/Linz
Strasbourg – Mannheim – Frankfurt – Würzburg – Nürnberg – Regensburg – Passau – Wels/Linz
München/Nürnberg – Praha – Ostrava/Přerov – Žilina – Košice – UA border
Wels/Linz – Wien – Bratislava – Budapest – Vukovar
Wien/Bratislava – Budapest – Arad – Brașov/Craiova – București – Constanța – Sulina
PRE-IDENTIFIED SECTIONS INCLUDING PROJECTS:
LIST OF INFRASTRUCTURE PRIORITY CORRIDORS AND AREAS IN THE ENERGY SECTOR LIST OF INFRASTRUCTURE PRIORITY CORRIDORS AND AREAS IN THE ENERGY SECTOR
Priority electricity corridors Priority electricity corridors
TERMS, CONDITIONS AND PROCEDURES OF FINANCIAL INSTRUMENTS TERMS, CONDITIONS AND PROCEDURES OF FINANCIAL INSTRUMENTS
Objective and rationale Objective and rationale
The objective of the financial instruments under the CEF is to facilitate infrastructure projects' access to project and corporate financing by using Union funding as leverage.
The financial instruments shall help finance projects of common interest with a clear European added value, and facilitate greater private sector involvement in the long-term financing of such projects in the transport, telecommunications and energy sectors, including broadband networks.
The financial instruments shall benefit projects with medium- to long-term financing needs and shall produce greater benefits in terms of market impact, administrative efficiency and resource use.
They shall provide to infrastructure stakeholders such as financiers, public authorities, infrastructure managers, construction companies and operators a coherent market-oriented toolbox of Union financial assistance.
The financial instruments shall consist of:
Prior to the finalisation of the design of the Debt and Equity Instruments, the Commission shall carry out an ex-ante assessment in accordance with Regulation (EU, Euratom) No 966/2012. Evaluations of existing, comparable financial instruments shall, where appropriate, contribute to that assessment.
I. Debt instrument Debt instrument
General provisions General provisions
The goal of the Debt Instrument shall be to contribute to overcoming deficiencies of the European debt capital markets by offering risk-sharing for debt financing. Debt financing shall be provided by entrusted entities or dedicated investment vehicles in the form of senior and subordinated debt or guarantees.
The Debt Instrument shall consist of a risk-sharing instrument for loans and guarantees and of the Project Bond Initiative. The project promoters may, in addition, seek equity financing under the Equity Instrument.
a. Risk-sharing instrument for loans and guarantees
The risk-sharing instrument for loans and guarantees shall be designed to create additional risk capacity in the entrusted entities. This shall allow the entrusted entities to provide funded and unfunded subordinated and senior debt to projects and corporates in order to facilitate promoters' access to bank financing. If the debt financing is subordinated, it shall rank behind the senior debt but ahead of equity and related financing related to equity.
The unfunded subordinated debt financing shall not exceed 30 % of the total amount of the senior debt issued.
The senior debt financing provided under the Debt Instrument shall not exceed 50 % of the total amount of the overall senior debt financing provided by the entrusted entity or the dedicated investment vehicle.
b. Project Bond Initiative
The risk-sharing instrument for project bonds shall be designed as a subordinated debt financing in order to facilitate financing for project companies raising senior debt in the form of bonds. This credit enhancement instrument shall aim at helping the senior debt to achieve an investment grade credit rating.
It shall rank behind the senior debt but ahead of equity and financing related to equity.
The subordinated debt financing shall not exceed 30 % of the total amount of the senior debt issued.
Financial parameters and leverage Financial parameters and leverage
Risk- and revenue-sharing parameters shall be set in such a way that specific policy objectives, including targeting of particular categories of projects, can be achieved while still preserving the market-oriented approach of the Debt Instrument.
The expected leverage of the Debt Instrument — defined as the total funding (i.e. Union contribution plus contributions from other financial sources) divided by the Union contribution — shall be expected to range from 6 to 15, depending on the type of operations involved (level of risk, target beneficiaries, and the debt financing concerned).
Combination with other sources of funding Combination with other sources of funding
Funding from the Debt Instrument may be combined with other ring-fenced budgetary contributions listed below, subject to the rules laid down in Regulation(EU, Euratom) No 966/2012 and the relevant legal base:
Entrusted entities
Entrusted entities shall be selected in accordance with Regulation (EU, Euratom) No 966/2012.
The implementation under indirect management mode may take the form of direct mandates to entrusted entities. For instruments under direct mandates (i.e. in indirect management mode), the entrusted entities shall manage the Union contribution to the Debt Instrument and shall be risk-sharing partners.
In addition, the setting-up of dedicated investment vehicles may be envisaged to allow the pooling of contributions from multiple investors. The Union contribution may be subordinated to that of other investors.
Design and implementation
The design shall be aligned with the general provisions for financial instruments set out in Regulation (EU, Euratom) No 966/2012.
The detailed terms and conditions for implementing the Debt Instrument, including monitoring and control, shall be laid down in an agreement between the Commission and a respective entrusted entity, taking into account the provisions laid down in this Annex and in Regulation (EU, Euratom) No 966/2012.
Fiduciary account
The entrusted entity shall set up a fiduciary account to hold the Union contribution and revenues resulting from the Union contribution.
Use of the Union contribution Use of the Union contribution
The Union contribution shall be used:
The Debt Instruments shall bear a price, to be charged to the beneficiary, in accordance with the relevant rules and criteria of the entrusted entities or dedicated investment vehicles and in line with best market practices.
As regards direct mandates to entrusted entities, the risk-sharing pattern shall be reflected in an appropriate sharing between the Union and the entrusted entity of the risk remuneration charged by the entrusted entity to its borrowers.
As regards dedicated investment vehicles, the risk-sharing pattern shall be reflected in an appropriate sharing between the Union and the other investors of the risk remuneration charged by the dedicated investment vehicle to its borrowers.
Notwithstanding the risk-sharing pattern chosen, the entrusted entity shall always share a portion of the defined risk and shall always bear the full residual risk tranche.
The maximum risk covered by the Union budget shall not exceed 50 % of the risk of the target debt portfolio under the debt instrument. The maximum risk-taking ceiling of 50 % shall apply to the target size of dedicated investment vehicles.
Application and approval procedure Application and approval procedure
Applications shall be addressed to the entrusted entity or a dedicated investment vehicle, respectively, in accordance with their standard application procedures. The entrusted entities and the dedicated investment vehicles shall approve the projects in accordance with their internal procedures.
Duration of the Debt Instrument Duration of the Debt Instrument
The last tranche of the Union contribution to the Debt Instrument shall be committed by the Commission by 31 December 2020. The actual approval of debt financing by the entrusted entities or the dedicated investment vehicles shall be finalised by 31 December 2022.
Expiry Expiry
The Union contribution allocated to the Debt Instrument shall be reimbursed to the relevant fiduciary account as debt financing expires or is repaid. The fiduciary account shall maintain sufficient funding to cover fees or risks related to the Debt Instrument until its expiry.
Reporting Reporting
The reporting methods on the implementation of the Debt Instrument shall be agreed by the Commission in the agreement and the entrusted entity in line with Regulation (EU, Euratom) No 966/2012.
In addition, the Commission shall, with the support of the entrusted entities, report annually to the European Parliament and the Council until 2023 on implementation, the prevailing market conditions for the use of the instrument, the updated projects and the project pipeline including information on projects at different stages of the procedure while respecting confidentiality and sensitive market information in accordance with Article 140(8) of Regulation (EU, Euratom) No 966/2012.
Monitoring, control and evaluation Monitoring, control and evaluation
The Commission shall monitor the implementation of the Debt Instrument, including through on-the-spot controls as appropriate, and shall perform verification and controls in line with Regulation (EU, Euratom) No 966/2012.
Support Actions Support Actions
The implementation of the Debt Instrument may be supported by a set of accompanying measures. These may include, amongst other measures, technical and financial assistance, measures to raise the awareness of capital providers and schemes to attract private investors.
The European Investment Bank shall, at the request of the European Commission or the Member States concerned, provide technical assistance, including on financial structuring to projects of common interest, including the ones implementing the core network corridors as listed in Part I. Such technical assistance shall also include support to administrations in order to develop appropriate institutional capacity.
II. Equity instrument Equity instrument
General provisions General provisions
The goal of the Equity Instrument shall be to contribute to overcoming the deficiencies of European capital markets by providing equity and quasi-equity investments.
The maximum amounts of the Union contribution shall be limited as follows:
Financial parameters and leverage Financial parameters and leverage
Investment parameters shall be set in such a way that specific policy objectives, including the targeting of particular categories of infrastructure projects, can be achieved while still preserving the market-oriented approach of this instrument.
The expected leverage of the Equity Instrument — defined as the total funding (i.e. the Union contribution plus all contributions from other investors) divided by the Union contribution — shall be expected on average to range from 5 to 10, depending on market specificities.
Combination with other sources of funding Combination with other sources of funding
Funding from the Equity Instrument may be combined with other ring-fenced budgetary contributions listed below, subject to the rules of Regulation (EU, Euratom) No 966/2012 and the relevant legal base:
Entrusted entities
Entrusted entities shall be selected in accordance with Regulation (EU, Euratom) No 966/2012.
The implementation under indirect management mode may take the form of direct mandates to entrusted entities, in indirect management mode. For instruments under direct mandates (i.e. in indirect management mode), the entrusted entities shall manage the Union contribution to the Equity Instrument.
In addition, the setting-up of dedicated investment vehicles may be envisaged to allow the pooling of contributions from multiple investors. The Union contribution may be subordinated to that of other investors.
In duly justified cases, in order to achieve specific policy objectives, the Union contribution may be provided to a specific project by an entrusted entity as a co-investment.
Design and implementation
The design shall be aligned with the general provisions for financial instruments set out in Regulation (EU, Euratom) No 966/2012.
The detailed terms and conditions for implementing the Equity Instrument, including its monitoring and control, shall be laid down in an agreement between the Commission and a respective entrusted entity, taking into account the provisions laid down in this Annex and in Regulation (EU, Euratom) No 966/2012.
Fiduciary account
The entrusted entity shall set up a fiduciary account to hold the Union contribution and revenues resulting from the Union contribution.
Use of the Union contribution Use of the Union contribution
The Union contribution shall be used:
The equity remuneration shall comprise the customary return components allocated to equity investors and shall depend on the performance of the underlying investments.
Application and approval procedure Application and approval procedure
Applications shall be addressed to the entrusted entity or a dedicated investment vehicle, respectively, in accordance with their standard application procedures. The entrusted entities and the dedicated investment vehicles shall approve the projects in accordance with their internal procedures.
Duration of the Equity Instrument Duration of the Equity Instrument
The last tranche of the Union contribution to the Equity Instrument shall be committed by the Commission by 31 December 2020. The actual approval of equity investments by the entrusted entities or the dedicated investment vehicles shall be finalised by 31 December 2022.
Expiry Expiry
Union contribution allocated to the Equity Instrument shall be reimbursed to the relevant fiduciary account as investments are exited or otherwise mature. The fiduciary account shall maintain sufficient funding to cover fees or risks related to the Equity Instrument until its expiry.
Reporting Reporting
Annual reporting methods on the implementation of the Equity Instrument shall be agreed by the Commission and the entrusted entity in the agreement in line with Regulation (EU, Euratom) No 966/2012.
In addition, the Commission, with the support of the entrusted entities, shall report on implementation annually to the European Parliament and the Council until 2023 in accordance with Article 140(8) of Regulation (EU, Euratom) No 966/2012.
Monitoring, control and evaluation Monitoring, control and evaluation
The Commission shall monitor the implementation of the Equity Instrument, including through on-the-spot controls as appropriate, and shall perform verification and controls in line with the Regulation (EU, Euratom) No 966/2012.
Support actions Support actions
The implementation of the Equity Instrument may be supported by a set of accompanying measures. These may include, amongst other measures, technical and financial assistance, measures to raise the awareness of capital providers, and schemes to attract private investors.
PART IV
INDICATIVE PERCENTAGES FOR SPECIFIC TRANSPORT OBJECTIVES INDICATIVE PERCENTAGES FOR SPECIFIC TRANSPORT OBJECTIVES
The budgetary resources referred to in point (a) of Article 5(1), excluding those allocated to programme support actions, shall be distributed to the transport-specific objectives as defined in Article 4(2) as follows:
PART V
LIST OF GENERAL ORIENTATIONS TO BE TAKEN INTO ACCOUNT WHEN SETTING AWARD CRITERIA LIST OF GENERAL ORIENTATIONS TO BE TAKEN INTO ACCOUNT WHEN SETTING AWARD CRITERIA
When setting award criteria in accordance with Article 17(5), at least the following general orientations shall be taken into account:
"ANNEX
( 1 )
( 2 )
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 December 2013.