Changes from report parliamentary committee draft to plenary report

Added(Ex AM 333( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 44 – paragraph 1 – point k a (new): (k a) coordinate, where relevant, the implementation of the innovative technological developments and deployments included in paragraph 1 with neighbouring countries, particularly in cross-border sections.

Added(Ex AM 334( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 45 – paragraph 1: 1. Member States shall ensure that transport infrastructure provides for safe and secure passenger and freight movements, including by guaranteeing an adequate level of maintenance over the life-time of the transport infrastructure.

Added(Ex AM 335( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 46 – paragraph 1 – introductory part: 1. When planning infrastructure, Member States shall ensure the highest level of the security and the resilience of the transport infrastructure to climate change, natural hazards, geopolitical changes, human-made disasters, as well as intentional disruptions, including by natural persons or undertakings from third countries, affecting the functioning of the Union transport system. When implementing projects of common interest, Member States shall take into consideration:

Added(Ex AM 336( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 46 – paragraph 1 – point c: (c) structural infrastructure quality during its whole lifecycle, with particular attention to the future projected climate and environmental conditions;

Change 44

RemovedArticle 46 – paragraph 1 – point d: (d) civil protection needs to react to disruptions and transport of dangerous goods;

Added(Ex AM 337( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 46 – paragraph 2 a (new): 2a. Member States shall establish “Green Lanes” for the continued functioning of supply chains, as well as essential travel along the TEN-T, in order to avoid possible shortages of essential goods and ensure the performance of the transport infrastructures in case of emergency, in strict cooperation with the Commission and Coordinators.

AddedArticle 46 – paragraph 1 – point d: (d) civil protection needs to react to disruptions, as well as for the transport of dangerous goods;

RemovedArticle 46 – paragraph 2 b (new): 2b. By 2025, Members States shall carry out an assessment to identify, on their core network, all existing transport critical infrastructures, including in respect of all modes, and assess their resilience to climate change, through a climate and environmental vulnerability test and risk assessment. By 2030, Member States shall adopt all the adaptation measures required to update those infrastructures.

Added(Ex AM 338( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 46 – paragraph 1 – point e: (e) cyber-security and resilience of infrastructure, with particular attention to the participation or contribution by natural persons or undertaking from third countries in strategic and cross-border infrastructure.

Added(Ex AM 339( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 46 – paragraph 2: 2. Projects of common interest for which an environmental impact assessment must be carried out in compliance with Directive 2011/92/UE shall be subject to climate proofing. The climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change, through a climate vulnerability and risk assessment, including through relevant adaptation measures, and through integration of the project life cycle costs of greenhouse gas emissions in the cost-benefit analysis. Such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this Regulation.

Added(Ex AM 340( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 46 – paragraph 2 a (new): 2 a. Member States shall establish “Green Lanes” for the continued functioning of supply chains, as well as essential travel along the trans-European transport network, in order to avoid possible shortages of essential goods and ensure the performance of the transport infrastructures in case of emergency, in strict cooperation with the Commission and European Coordinators.

Added(Ex AM 341( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 46 – paragraph 2 b (new): 2 b. By 31 December 2025, Members States shall carry out an assessment to identify, on their core and comprehensive network, all existing transport critical infrastructures, including in respect of all modes, and assess their resilience to climate change, through a climate and environmental vulnerability test and risk assessment. By 31 December 2029, Member States shall adopt all the adaptation measures required to update those infrastructures.

Added(Ex AM 342( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 47 – title: Risks to security, public order and strategic autonomy of the Union

Change 45

RemovedArticle 47 – paragraph 2 – subparagraph 1 – point f a (new): (fa) The conformity of the planned project of common interest with the requirements and standards rising from this Regulation;

Added(Ex AM 343( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Change 46

ChangedArticle 47 – paragraph 21: a1. (new):Member 2a.States Whereshall anotify Memberthe StateCommission considersof thatany aproject foreignof directcommon investmentinterest undergoingin screeningtheir interritory anotherwith Memberthe Stateparticipation isof likelyor tocontribution affectof itsany securitykind orby publica order,natural orperson hasof informationa relevantthird forcountry suchor screening,an itundertaking mayof providea commentsthird country with a view to theallow Memberassessment Stateof undertakingits thatimpact screening.on Thesecurity Memberor Statepublic providingorder commentsin shallthe simultaneouslyUnion alsoand sendensure themfair tocompetition thein Commission.public /procurement. TheThis Commissionobligation shall notifynot apply to foreign direct investments notified to the Commission and other Member States thatpursuant commentsto haveArticle been6(1) provided.of Regulation (EU) 2019/452.

Change 47

RemovedArticle 47 – paragraph 4 – subparagraph 1: Where the Commission considers that the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on the trans-European transport network on grounds of standardisation, security or public order, or has relevant information in relation to that participation or contribution, or the project of common interest concerned, it may issue a recommendation addressed to the Member State where the project of common interest is planned.

Added(Ex AM 344( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 2 – subparagraph 1 – point f a (new): (f a) the conformity of the planned project of common interest with the requirements and standards under this Regulation.

Added(Ex AM 345( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 2 – subparagraph 2: In addition, Member States shall provide any information, relevant for the assessment undertaken by the Commission pursuant to points (a), (b) and (c) of the second subparagraph of paragraph 5.

Added(Ex AM 346( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 2 a (new): 2 a. Where a Member State considers that a foreign direct investment undergoing screening in another Member State is likely to affect its security or public order, or has information relevant for such screening, it may provide comments to the Member State undertaking that screening. The Member State providing comments shall simultaneously also send them to the Commission. / The Commission shall notify the other Member States that comments have been provided.

Added(Ex AM 348( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 3 – subparagraph 2: The Member State where the project of common interest is planned shall ensure that the additional information requested by the Commission is made available to the Commission no later than three months after the request.

Added(Ex AM 349( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 3 – subparagraph 3: The Member State where the project of common interest is planned may request the natural person of a third country or an undertaking of a third country to provide the information referred to in paragraph 2 and 3. The natural person of a third country or an undertaking of a third country concerned shall provide the information requested no later than three months after the request. The Member State shall verify that the information provided by the natural person or undertaking of the third country is correct.

Added(Ex AM 350( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 4 – subparagraph 1: Where the Commission considers that the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on the trans-European transport network on grounds of standardisation, security or public order, or has relevant information in relation to that participation or contribution, or the project of common interest concerned, it shall issue a decision addressed to the Member State where the project of common interest is planned.

Added(Ex AM 351( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 47 – paragraph 4 – subparagraph 2: Critical infrastructure thereby means an asset, system or part thereof used for transport purposes and located in Member States which is essential for the maintenance of vital societal functions, health, safety, security, defence, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.

Change 48

RemovedArticle 47 – paragraph 5 – subparagraph 1 – introductory part: In determining whether the participation of a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on grounds of standardisation, security or public order, the Commission may consider its potential effects on, inter alia on:

Added(Ex AM 352( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 47 – paragraph 6: 6. The Commission may provide a recommendation pursuant to paragraph 4 no later than three months following the receipt of information pursuant to paragraph 3. The opinion of the Commission shall be addressed to the Member State where the project of common interest is planned and it shall be sent to the other Member States. In case the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is a foreign direct investment as defined in point 1 of Article 2 of Regulation (EU) 2019/452 not undergoing screening by the Member State where the foreign direct investment is planned or completed, the Commission shall issue such opinion, where justified, pursuant to Article 8 of Regulation (EU) 2019/452.

AddedArticle 47 – paragraph 5 – subparagraph 1 – introductory part: In determining whether the participation of a natural person of a third country or an undertaking of a third country is likely to affect critical infrastructure on grounds of standardisation, security or public order, the Commission shall consider its potential effects on, inter alia on:

RemovedArticle 47 – paragraph 7: 7. The Member State in which the project of common interest is planned to be implemented by, or with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country shall take utmost account of the Commission's recommendation and provide a duly justified explanation to the Commission if its opinion is not followed, no later than three months following the issuance of the opinion.

Added(Ex AM 353( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 47 a (new): Article 47a / Military mobility / 1. When constructing or upgrading infrastructure on the trans-European transport network, Member States shall assess the need, relevance and feasibility to go beyond the requirements set out in Chapter III, for the purpose of accommodating the weight, size or scale of military transport of troops and material. / 2. By ... [date one year after the entry into force of this Regulation], the Commission shall carry out a study to identify possibilities for short-notice large-scale movements across the Union, in view of improving the dual-use of the infrastructure of the trans-European transport network. The study shall provide elements for long-term infrastructure planning for military purposes. In the course of that study, the Commission shall consult the Member States.

AddedArticle 47 – paragraph 5 – subparagraph 2 – introductory part: In determining whether a foreign participation or contribution is likely to affect security or public order, the Commission shall also take into account, in particular:

Added(Ex AM 354( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 6: 6. The Commission shall issue a decision pursuant to paragraph 4 no later than three months following the receipt of information pursuant to paragraph 3. The decision of the Commission shall be addressed to the Member State where the project of common interest is planned and it shall be sent to the other Member States. In case the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country is a foreign direct investment as defined in point 1 of Article 2 of Regulation (EU) 2019/452 not undergoing screening by the Member State where the foreign direct investment is planned or completed, the Commission shall issue such decision, where justified, pursuant to Article 8 of Regulation (EU) 2019/452.

Added(Ex AM 355( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 – paragraph 7: 7. The Member State in which the project of common interest is planned to be implemented by, or with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country shall take utmost account of the Commission's decision. In case the Commission’s decision states that the foreign participation or contribution is likely to affect security or public order, the Member State concerned shall prohibit the foreign participation in or contribution to the project.

Added(Ex AM 356( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 47 a (new): Article 47 a / Military mobility / 1. When constructing or upgrading infrastructure on the trans-European transport network, Member States shall assess the need, relevance and feasibility to go beyond the requirements set out in Chapter III, for the purpose of accommodating the weight, size or scale of military transport of troops and material. / 2. By ... [one year after the entry into force of this Regulation], the Commission shall carry out a study to identify possibilities for short-notice large-scale movements across the Union, including strategic routes, in view of improving the dual-use of the infrastructure of the trans-European transport network. The study shall provide elements for long-term infrastructure planning for dual use mobility purposes. In the course of that study, the Commission shall consult the Member States.

Added(Ex AM 357( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 48 – paragraph 1 – point a: (a) the infrastructure of the trans-European transport network is maintained in a way that it provides the same level of service and safety during its lifetime, ensuring a forward-looking approach to maintenance work, which must be carried out to the very latest standards of user safety throughout the network. Maintenance works that result in a limitation or non-availability of rail infrastructure are managed according to the rules set out in Commission Delegated Decision (EU) 2017/2075;

Added(Ex AM 358( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 48 – paragraph 1 – point c: (c) maintenance needs and costs over the life-time of the infrastructure are taken into account from feasibility studies and the planning phase of construction or upgrading;

Change 49

RemovedArticle 48 – paragraph 1 a (new): Compliance with paragraph 1, points (b) and (c) is a precondition for receiving funding from the CEF.