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Document 02021R1153-20240718
Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (Text with EEA relevance)
Consolidated text: Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (Text with EEA relevance)
Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (Text with EEA relevance)
02021R1153 — EN — 18.07.2024 — 001.001
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REGULATION (EU) 2021/1153 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249 14.7.2021, p. 38) |
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REGULATION (EU) 2024/1679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
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REGULATION (EU) 2021/1153 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 July 2021
establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes the Connecting Europe Facility (the ‘CEF’) for the period of the Multiannual Financial Framework (the “MFF”) 2021-2027.
This Regulation lays down the objectives of the CEF, its budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
“action” means any activity which has been identified as financially and technically independent, has a set time-frame and is necessary for the implementation of a project;
“alternative fuels” means alternative fuels for all modes of transport as defined in Article 2, point (1), of Directive 2014/94/EU;
“beneficiary” means an entity with legal personality with which a grant agreement has been signed;
“blending operation” means actions supported by the Union budget, including within blending facilities pursuant to Article 2, point (6), of the Financial Regulation combining non-repayable forms of support and/or financial instruments and/or budgetary guarantees from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;
“comprehensive network” means the transport infrastructure identified in accordance with Chapter II of Regulation (EU) No 1315/2013;
“core network” means the transport infrastructure identified in accordance with Chapter III of Regulation (EU) No 1315/2013;
“core network corridors” means instruments to facilitate the coordinated implementation of the core network as provided for in Chapter IV of Regulation (EU) No 1315/2013 and listed in Part III of the Annex to this Regulation;
“cross border link” means, in the transport sector, a project of common interest which ensures the continuity of the TEN-T between Member States or between a Member State and a third country;
“missing link” means an all modes of transport missing section of the TEN-T or a transport section that is providing the connection of core or comprehensive networks with the TEN-T corridors which hampers the continuity of the TEN-T or containing one or more bottlenecks affecting the continuity of the TEN-T;
“dual-use infrastructure” means a transport network infrastructure that addresses both civilian and defence needs;
“cross-border project in the field of renewable energy” means a project selected or eligible to be selected under a cooperation agreement or any other kind of arrangement between two or more Member States or arrangements between one or more Member States and one or more third countries as set out in Articles 8, 9, 11 and 13 of Directive (EU) 2018/2001 in the planning or deployment of renewable energy, in accordance with the criteria set out in Part IV of the Annex to this Regulation;
“energy efficiency first” means energy efficiency first as defined in Article 2, point (18), of Regulation (EU) 2018/1999;
“digital connectivity infrastructure” means very high capacity networks, 5G systems, very high-quality local wireless connectivity and backbone networks, as well as operational digital platforms directly associated with transport and energy infrastructure;
“5G systems” means a set of digital infrastructure elements based on globally agreed standards for mobile and wireless communications technology used for connectivity and added-value services with advanced performance characteristics such as very high data rates and capacity, low latency communications, ultra-high reliability or support for a high number of connected devices;
“5G corridor” means a transport path, road, railway or inland waterway, fully covered with digital connectivity infrastructure and in particular 5G systems, enabling the uninterrupted provision of synergy digital services such as connected and automated mobility, similar smart mobility services for railways or digital connectivity on inland waterways;
“operational digital platforms directly associated with transport and energy infrastructure” means physical and virtual information communication technology resources, operating via the communication infrastructure, which support the flow, storage, processing and analysis of transport or energy infrastructure data, or both;
“project of common interest” means a project identified in Regulation (EU) No 1315/2013 or Regulation (EU) No 347/2013 or in Article 8 of this Regulation;
“studies” means activities needed to prepare project implementation, such as preparatory, mapping, feasibility, evaluation, testing and validation studies, including in the form of software, and any other technical support measure, including prior action to define and develop a project and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;
“socioeconomic drivers” means entities which by their mission, nature or location can directly or indirectly generate important socioeconomic benefits for citizens, business and local communities located in their surrounding territory, or in their area of influence;
“third country” means a country that is not a Member State of the Union;
“very high capacity networks” means very high capacity networks as defined in Article 2, point (2), of Directive (EU) 2018/1972;
“works” means the purchase, supply and deployment of components, systems and services including software, the carrying-out of development and construction and installation activities relating to a project, the acceptance of installations and the launching of a project.
Article 3
Objectives
The specific objectives of the CEF are:
in the transport sector:
to contribute to the development of projects of common interest relating to efficient, interconnected and multimodal networks and infrastructure for smart, interoperable, sustainable, inclusive, accessible, safe and secure mobility in accordance with the objectives of Regulation (EU) No 1315/2013; and
to adapt parts of the TEN-T for the dual use of the transport infrastructure with a view to improving both civilian and military mobility;
in the energy sector:
to contribute to the development of projects of common interest relating to further integration of an efficient and competitive internal energy market, interoperability of networks across borders and sectors, facilitating decarbonisation of the economy, promoting energy efficiency and ensuring security of supply; and
to facilitate cross-border cooperation in the area of energy, including renewable energy;
in the digital sector: to contribute to the development of projects of common interest relating to the deployment of and access to safe and secure very high capacity networks, including 5G systems, and to the increased resilience and capacity of digital backbone networks on Union territories by linking them to neighbouring territories, as well as to the digitalisation of transport and energy networks.
Article 4
Budget
In line with the Union objective of mainstreaming climate actions into Union sectoral policies and Union funds, the CEF shall contribute, through its actions, 60 % of its overall financial envelope to climate objectives.
The distribution of the amount referred to in paragraph 1 shall be as follows:
EUR 25 807 000 000 for the specific objectives referred to in Article 3(2), point (a), of which:
EUR 12 830 000 000 from the MFF 2021-2027, Heading 1(2), European Strategic Investment;
EUR 11 286 000 000 transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund;
EUR 1 691 000 000 from the MFF 2021-2027, Heading 5(13), for the specific objective referred to in Article 3(2), point (a)(ii);
EUR 5 838 000 000 for the specific objectives referred to in Article 3(2), point (b), of which 15 %, subject to market uptake, for cross-border projects in the field of renewable energy, and if the 15 % threshold is reached, the Commission shall increase that threshold up to 20 %, subject to market uptake;
EUR 2 065 000 000 for the specific objectives referred to in Article 3(2), point (c).
The Commission shall do its utmost to enable Member States eligible for funding from the Cohesion Fund to attain, by the end of the period 2021-2027, the highest possible absorption of the amount transferred to the CEF, including through the organisation of additional calls.
In addition, particular attention and support shall be given to those Member States whose GNI per capita, measured in PPS for the period 2015-2017, is less than 60 % of the average GNI per capita of the EU-27.
Article 5
Third countries associated to the CEF
The CEF shall be open to the participation of the following third countries:
members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement;
acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries;
European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries;
other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:
ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;
lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes, and their administrative costs;
does not confer on the third country any decision-making power in respect of the Union programme;
guarantees the rights of the Union to ensure sound financial management and to protect its financial interests;
provides for reciprocity in accessing similar programmes in the third country participating in the Union programmes.
The contributions referred to in the first subparagraph, point (d)(ii), of this Article shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
Article 6
Implementation and forms of Union funding
Article 7
Cross-border projects in the field of renewable energy
Cross-border projects in the field of renewable energy are eligible for Union funding for works if they meet the following additional criteria:
the project specific cost-benefit analysis pursuant to Part IV, point 3, of the Annex is compulsory for all supported projects and takes into account any revenues resulting from support schemes, has been performed in a transparent, comprehensive and complete manner and provides evidence concerning the existence of significant cost savings or benefits, or both, in terms of system integration, environmental sustainability, security of supply or innovation; and
the applicant demonstrates that the project would not materialise in the absence of the grant or that the project cannot be commercially viable in the absence of the grant.
The amount of the grant for works shall:
be proportionate to the cost savings or benefits referred to in Part IV, point 2(b), of the Annex, or both;
not exceed the amount required to ensure that the project materialises or becomes commercially viable; and
comply with Article 15(3).
Article 8
Projects of common interest in the area of digital connectivity infrastructure
Projects of common interest in the area of digital connectivity infrastructure shall meet the following criteria:
the project contributes to the specific objective provided for in Article 3(2), point (c); and
the project deploys the best available and best suited technology for that specific project, which proposes the best balance in terms of data flow capacity, transmission security, network resilience, cyber security and cost efficiency.
Without prejudice to the award criteria laid down in Article 14, priority for funding shall be determined taking into account the following criteria:
actions contributing to deployment of and access to very high capacity networks, including 5G systems and other state-of-the-art connectivity, in accordance with Union strategic connectivity targets in areas where socioeconomic drivers are located shall be prioritised, taking into account the connectivity needs of those areas and the additional area coverage generated, including for households, in accordance with Part V, point 1, of the Annex; stand-alone deployments to socioeconomic drivers shall be eligible for funding, provided that those deployments are economically proportionate and physically practicable;
actions contributing to the provision of very high-quality local wireless connectivity in local communities shall be prioritised in accordance with Part V, point 2, of the Annex;
actions contributing to the deployment of 5G corridors along major transport paths, including on the TEN-T, such as those listed in Part V, point 3, of the Annex, shall be prioritised to ensure coverage along those major transport paths, enabling the uninterrupted provision of synergy digital services, taking into account its socioeconomic relevance relative to any currently installed technological solutions in a forward looking approach;
projects of common interest which aim to deploy or significantly upgrade cross-border backbone networks linking the Union to third countries and to reinforce links between electronic communications networks within the Union territory, including submarine cables, shall be prioritised according to the extent to which they significantly contribute to the increased performance, resilience and very high capacity of those electronic communications networks;
projects of common interest deploying operational digital platforms shall prioritise actions based on state-of-the-art technologies, taking into account aspects such as interoperability, cybersecurity, data privacy and re-use.
CHAPTER II
ELIGIBILITY
Article 9
Eligible actions
In the transport sector, only the following actions shall be eligible to receive Union financial support under this Regulation:
actions relating to efficient, interconnected, interoperable and multimodal networks for the development of railway, road, inland waterway and maritime infrastructure:
actions implementing the core network in accordance with Chapter III of Regulation (EU) No 1315/2013, including actions relating to cross-border links and missing links, such as those listed in Part III of the Annex to this Regulation, as well as urban nodes, multimodal logistics platforms, maritime ports, inland ports, rail-road terminals and connections to airports of the core network as defined in Annex II to Regulation (EU) No 1315/2013; actions implementing the core network may include related elements located on the comprehensive network when necessary to optimise the investment and according to modalities specified in the work programmes referred to in Article 20 of this Regulation;
actions relating to cross-border links of the comprehensive network in accordance with Chapter II of Regulation (EU) No 1315/2013, such as those listed in Part III, point 2, of the Annex to this Regulation, actions referred to in Part III, point 3, of the Annex to this Regulation, actions relating to studies for the development of the comprehensive network and actions relating to maritime and inland ports of the comprehensive network in accordance with Chapter II of Regulation (EU) No 1315/2013;
actions to re-establish missing regional cross-border rail connections on the TEN-T that have been abandoned or dismantled;
actions implementing sections of the comprehensive network located in outermost regions in accordance with Chapter II of Regulation (EU) No 1315/2013, including actions relating to the relevant urban nodes, maritime ports, inland ports, rail-road terminals, connections to airports and multimodal logistics platforms, of the comprehensive network as defined in Annex II to Regulation (EU) No 1315/2013;
actions supporting projects of common interest in order to connect the trans-European network with infrastructure networks of neighbouring countries as defined in Article 8(1) of Regulation (EU) No 1315/2013;
actions relating to smart, interoperable, sustainable, multimodal, inclusive, accessible, safe and secure mobility:
actions supporting motorways of the sea as provided for in Article 21 of Regulation (EU) No 1315/2013 with a focus on cross-border short-sea shipping;
actions supporting telematic applications systems in accordance with Article 31 of Regulation (EU) No 1315/2013, for the respective modes of transport, including in particular:
actions supporting sustainable freight transport services in accordance with Article 32 of Regulation (EU) No 1315/2013 and actions to reduce rail freight noise;
actions supporting new technologies and innovation, including automation, enhanced transport services, modal integration and alternative fuels infrastructure for all modes of transport in accordance with Article 33 of Regulation (EU) No 1315/2013;
actions to remove barriers to interoperability as defined in Article 3, point (o), of Regulation (EU) No 1315/2013, notably barriers when delivering corridor/network effects, including actions promoting an increase in rail freight traffic and automatic gauge-change facilities;
actions to remove barriers to interoperability, in particular in urban nodes within the meaning of Article 30 of Regulation (EU) No 1315/2013;
actions implementing safe and secure infrastructure and mobility, including road safety, in accordance with Article 34 of Regulation (EU) No 1315/2013;
actions improving transport infrastructure resilience, in particular its resilience to climate change and natural disasters and to cyber security threats;
actions improving transport infrastructure accessibility in all modes of transport and for all users, especially users with reduced mobility, in accordance with Article 37 of Regulation (EU) No 1315/2013;
actions improving transport infrastructure accessibility and availability for security and civil protection purposes and actions adapting the transport infrastructure for Union external border checks purposes with the aim of facilitating traffic flows;
under the specific objective referred to in Article 3(2), point (a)(ii), and in accordance with Article 12, actions or specific activities within an action, supporting parts, new or existing, of the TEN-T suitable for military transport, in order to adapt the TEN-T to dual-use infrastructure requirements.
In the energy sector, only the following actions shall be eligible to receive Union financial support under this Regulation:
actions relating to projects of common interest as set out at Article 14 of Regulation (EU) No 347/2013;
actions supporting cross-border projects in the field of renewable energy, including innovative solutions, as well as storage of renewable energy, and their conception, as defined in Part IV of the Annex, subject to the fulfilment of the conditions laid down in Article 7.
In the digital sector, only the following actions shall be eligible to receive Union financial support under this Regulation:
actions supporting the deployment of and access to very high capacity networks, including 5G systems, capable of providing Gigabit connectivity in areas where socioeconomic drivers are located;
actions supporting the provision of very high-quality local wireless connectivity in local communities that is free of charge and without discriminatory conditions;
actions implementing the uninterrupted coverage with 5G systems of all major transport paths, including the TEN-T, such as the actions listed in Part V, point 3, of the Annex;
actions supporting the deployment of new or the significant upgrading of existing backbone networks, including submarine cables, within and between Member States and between the Union and third countries, such as the actions listed in Part V, point 3, of the Annex, as well as other actions supporting the deployment of backbone networks referred to in that point;
actions implementing digital connectivity infrastructure requirements related to cross-border projects in the areas of transport or energy or supporting operational digital platforms directly associated to transport or energy infrastructures, or both.
Article 10
Synergies between the transport, energy and digital sectors
Within each of the transport, energy or digital sectors, actions eligible in accordance with Article 9 may include synergetic elements relating to any of the other sectors, which are not related to eligible actions provided for in Article 9(2), (3) or (4) respectively, provided that they comply with all of the following requirements:
the cost of the synergetic elements does not exceed 20 % of the total eligible costs of the action;
the synergetic elements relate to the transport, energy or digital sector; and
the synergetic elements enable the socioeconomic, climate or environmental benefits of the action to be significantly improved.
Article 11
Eligible entities
The following entities shall be eligible:
legal entities established in:
a Member State, including joint ventures;
a third country associated to the CEF; or
an overseas country or territory;
legal entities created under Union law and, if provided for in the work programmes, international organisations.
To be eligible, proposals shall be submitted:
by one or more Member States; or
with the agreement of the Member States concerned, by international organisations, joint undertakings, or by public or private undertakings or bodies, including regional or local authorities.
If the Member State concerned does not agree with a submission under point (b) of the first subparagraph, it shall communicate that information accordingly.
A Member State may decide that, for a specific work programme or for specific categories of applications, proposals may be submitted without its agreement. In such case, this shall, at the request of the Member State concerned, be indicated in the relevant work programme and in the call for such proposals.
Article 12
Specific eligibility rules concerning actions relating to the adaptation of the TEN-T to civilian-defence dual use
Actions contributing to the adaptation of the TEN-T core network or comprehensive network as defined by Regulation (EU) No 1315/2013, with the purpose of enabling civilian-defence dual use of the infrastructure, shall be subject to the following additional eligibility rules:
the proposals shall be submitted by one or more Member States or, with the agreement of the Member States concerned, by legal entities established in Member States;
the actions shall relate to the sections or nodes identified by Member States in the Annexes to the Military Requirements for Military Mobility within and beyond the EU as adopted by the Council on 20 November 2018, or any subsequent list adopted thereafter, and to any further indicative list of priority projects that are identified by Member States in accordance with the Military Mobility Action Plan;
the actions may relate both to the upgrading of existing infrastructure components or to the construction of new infrastructure components taking into account the infrastructure requirements referred to in paragraph 2 of this Article;
actions implementing a level of infrastructure requirement going beyond the level required for dual use shall be eligible; however, their cost shall only be eligible up to the level of costs corresponding to the level of requirements necessary for dual use; actions relating to infrastructure used only for military purposes shall not be eligible;
actions under this Article shall only be funded from the amount in accordance with Article 4(2), point (a)(iii), of this Regulation.
CHAPTER III
GRANTS
Article 13
Grants
Grants under the CEF shall be awarded and managed in accordance with Title VIII of the Financial Regulation.
Article 14
Award criteria
Transparent award criteria shall be laid down in the work programmes referred to in Article 20 and in the calls for proposals, taking into account, to the extent applicable, only the following elements:
economic, social and environmental impact, including climate impact (project life cycle benefits and costs), soundness, comprehensiveness and transparency of the analysis;
innovation and digitalisation, safety, interoperability and accessibility aspects, including for persons with reduced mobility;
cross-border dimension, network integration and territorial accessibility, including for European islands and outermost regions;
Union added value;
synergies between the transport, energy and digital sectors;
maturity of the action in the light of the development of the project;
soundness of the maintenance strategy proposed for the project upon completion;
soundness of the implementation plan proposed;
catalytic effect of Union financial support on investment;
need to overcome financial obstacles such as those caused by insufficient commercial viability, high upfront costs or the lack of market finance;
potential for dual use in the context of military mobility;
consistency with Union and national energy and climate plans, including the “energy efficiency first” principle.
Article 15
Co-financing rates
For works in the transport sector, the following maximum co-financing rates shall apply:
for works relating to the specific objectives referred to in Article 3(2), point (a)(i), the amount of Union financial support shall not exceed 30 % of the total eligible cost; however, the co-financing rates may be increased to a maximum of 50 % for the actions:
relating to cross-border links under the conditions specified in point (e) of this paragraph;
supporting telematic applications systems;
supporting inland waterways or railway interoperability;
supporting new technologies and innovation;
supporting improvements in infrastructure for safety; and
adapting the transport infrastructure for Union external border checks purposes, in accordance with relevant Union law;
for works relating to the specific objectives referred to in Article 3(2), point (a)(ii), the amount of Union financial support shall not exceed 50 % of the total eligible cost; however, the co-financing rates may be increased to a maximum of 85 % if the necessary resources are transferred to the CEF pursuant to Article 4(13);
as regards the amounts transferred from the Cohesion Fund, the maximum co-financing rates shall not exceed 85 % of the total eligible costs;
as regards the amounts from the European Strategic Investment heading of EUR 1 559 800 000 , as referred to in Part II, first paragraph, first indent, of the Annex, for the completion of missing major cross-border railway links between Member States eligible for funding from the Cohesion Fund, the maximum co-financing rates shall not exceed 85 % of the total eligible costs;
as regards actions relating to cross-border links, the increased maximum co-financing rates provided for in points (a), (c) and (d) of this paragraph may only apply to actions that demonstrate a high degree of integration in the planning and implementation of the action for the purpose of the award criterion referred to in Article 14(1), point (c), for instance through the establishment of a single project company, a joint governance structure, a bilateral legal framework or by an implementing act pursuant to Article 47 of Regulation (EU) No 1315/2013; in addition, the co-financing rate applicable to projects carried out by integrated management structures, including joint ventures, in accordance with Article 11(2), point (a), may be increased by 5 %.
For works in the energy sector, the following maximum co-financing rates shall apply:
for works relating to the specific objectives referred to in Article 3(2), point (b), the amount of Union financial support shall not exceed 50 % of the total eligible cost;
the co-financing rates may be increased to a maximum of 75 % of the total eligible cost for actions contributing to the development of projects of common interest which, based on the evidence referred to in Article 14(2) of Regulation (EU) No 347/2013, provide a high degree of regional or Union-wide security of supply, strengthen the solidarity of the Union or offer highly innovative solutions.
The co-financing rates may be increased:
up to 50 % for actions with a strong cross-border dimension, such as uninterrupted coverage with 5G systems along major transport paths or deployment of backbone networks between Member States and between the Union and third countries; and
up to 75 % for actions implementing the Gigabit connectivity of socioeconomic drivers.
Actions providing local wireless connectivity in local communities, when implemented via low value grants, may be funded by Union financial support covering up to 100 % of the eligible costs, without prejudice to the principle of co-financing.
Article 16
Eligible costs
The following cost-eligibility criteria shall apply, in addition to the criteria set out in Article 186 of the Financial Regulation:
only expenditure incurred in Member States is eligible, except where the project of common interest or cross-border projects in the field of renewable energy involves the territory of one or more third countries as referred to in Article 5 or Article 11(4) of this Regulation or international waters, and where the action is indispensable to the achievement of the objectives of the project concerned;
the cost of equipment, facilities and infrastructure which is treated as capital expenditure by the beneficiary is eligible up to its entirety;
expenditure related to the purchase of land is not an eligible cost, except for funds transferred from the Cohesion Fund in the transport sector in accordance with Article 64 of Regulation (EU) 2021/1060;
eligible costs shall not include value added tax.
Article 17
Combination of grants with other sources of financing
Article 18
Reduction or termination of the grants
In addition to the grounds specified in Article 131(4) of the Financial Regulation, the amount of the grant may, except in duly justified cases, be reduced on the following grounds:
for studies, the action has not started within one year following the starting date indicated in the grant agreement;
for works, the action has not started within two years following the starting date indicated in the grant agreement;
following a review of the progress of the action, it is established that the implementation of the action has suffered such major delays that the objectives of the action are unlikely to be achieved;
Article 19
Cumulative and alternative funding
The Seal of Excellence label shall be awarded to actions which comply with the following cumulative conditions:
they have been assessed in a call for proposals under the CEF;
they comply with the minimum quality requirements of that call for proposals;
they cannot be financed under that call for proposals due to budgetary constraints.
It shall be possible for actions that have been awarded a Seal of Excellence label in accordance with the first subparagraph to receive support from the ERDF in accordance with Article 67(5) of Regulation (EU) 2021/1060 or from the Cohesion Fund, without any further assessment, and provided that such actions are consistent with the objectives and rules of the Fund concerned.
CHAPTER IV
PROGRAMMING, MONITORING, EVALUATION AND CONTROL
Article 20
Work programmes
In accordance with Article 200(2) of the Financial Regulation, the authorising officer responsible may, where appropriate, organise the selection procedure in two stages as follows:
applicants shall submit a simplified dossier containing relatively brief information for the purposes of project preselection based on a limited set of criteria;
applicants short-listed at the first stage shall submit a complete dossier after closure of the first stage.
Article 21
Granting of Union financial support
Article 22
Monitoring and reporting
Article 23
Evaluation
Article 24
Committee procedure
Article 25
Delegated acts
The Commission is empowered to adopt delegated acts in accordance with Article 26, supplementing this Regulation by:
establishing a monitoring and evaluation framework based on the indicators as set out in Part I of the Annex;
laying down rules regarding the selection of cross-border projects in the field of renewable energy additional to those in Part IV of the Annex, and establishing and updating a list of selected cross–border projects in the field of renewable energy.
Subject to Article 172, second subparagraph, TFEU, the Commission is empowered to adopt delegated acts in accordance with Article 26 of this Regulation:
to amend Part III of the Annex regarding the definition of the transport core network corridors and pre-identified sections on the comprehensive network;
to amend Part V of the Annex regarding the identification of digital connectivity projects of common interest.
Article 26
Exercise of the delegation
Article 27
Information, communication and publicity
Article 28
Protection of the financial interest of the Union
Where a third country participates in the CEF by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
CHAPTER V
TRANSITIONAL AND FINAL PROVISIONS
Article 29
Repeal and transitional provisions
Article 30
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PART I
INDICATORS
The CEF will be monitored closely on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the CEF have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:
Sectors |
Specific Objectives |
Key Indicators |
Transport |
Efficient, interconnected and multimodal networks and infrastructure for smart, interoperable, sustainable, inclusive, accessible, safe and secure mobility |
Number of cross-border and missing links addressed with the support of the CEF (including actions relating to urban nodes, regional cross-border rail connections, multimodal logistics platforms, maritime ports, inland ports, connections to airports and rail-road terminals of the TEN-T core network and comprehensive network) |
Number of actions supported by the CEF contributing to the digitalisation of transport, in particular through the deployment of ERTMS, RIS, ITS, VTMIS/e-Maritime services and SESAR |
||
Number of alternative fuel supply points built or upgraded with the support of the CEF |
||
Number of actions supported by the CEF contributing to the safety of transport |
||
Number of actions supported by the CEF contributing to transport accessibility for persons with reduced mobility |
||
Number of actions supported by the CEF contributing to the reduction in rail freight noise |
||
Adaptation for the dual-use of transport infrastructure |
Number of transport infrastructure components adapted to dual-use requirements |
|
Energy |
Contribution to interconnectivity and integration of markets |
Number of actions supported by the CEF contributing to projects interconnecting MS networks and removing internal constraints |
Security of supply |
Number of actions supported by the CEF contributing to projects ensuring resilient gas network |
|
Number of actions supported by the CEF contributing to the smartening and digitalisation of grids and increasing energy storage capacity |
||
Sustainable development through enabling decarbonisation |
Number of actions supported by the CEF contributing to projects enabling increased penetration of renewable energy in energy systems |
|
Number of actions supported by the CEF contributing to cross-border cooperation in the field of renewable energy |
||
Digital |
Contribution to the deployment of digital connectivity infrastructure throughout the Union |
New connections to very high capacity networks for socioeconomic drivers and very high-quality connections for local communities |
Number of actions supported by the CEF enabling 5G coverage along major transport paths |
||
Number of actions supported by the CEF enabling new connections to very high capacity networks |
||
Number of actions supported by the CEF contributing to the digitalisation of energy and transport sectors |
PART II
INDICATIVE PERCENTAGES FOR THE TRANSPORT SECTOR
The budgetary resources referred to in Article 4(2), point (a)(i), shall be distributed as follows:
The budgetary resources referred to in Article 4(2), point (a)(ii), shall be distributed as follows:
For the actions listed in Article 9(2), point (a), 85 % of the budgetary resources should be allocated to actions on the core network and 15 % to actions on the comprehensive network.
PART III
CROSS-BORDER AND MISSING LINKS
1. ►M1 Indicative lists of pre-identified cross-border links and missing links ◄
▼M1 ————— |
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Cross-border links |
Évora – Mérida |
Rail |
Vitoria-Gasteiz – San Sebastián – Bayonne – Bordeaux |
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Aveiro – Salamanca |
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Douro river (Via Navegável do Douro) |
Inland waterways |
|
Missing links |
Non-UIC gauge interoperable lines on the Iberian Peninsula |
Rail |
▼M1 ————— |
||
Cross-border links |
Katowice/Opole – Ostrava – Brno Katowice – Žilina Bratislava – Wien Graz – Maribor Venezia – Trieste – Divača – Ljubljana |
Rail |
Katowice – Žilina Brno – Wien |
Road |
|
Missing links |
Gloggnitz – Mürzzuschlag: Semmering base tunnel Graz – Klagenfurt: Koralm railway line and tunnel Koper – Divača |
Rail |
▼M1 ————— |
||
Cross-border links |
Barcelona – Perpignan |
Rail |
Lyon – Torino: base tunnel and access routes |
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Nice – Ventimiglia |
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Venezia – Trieste – Divača – Ljubljana |
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Ljubljana – Zagreb |
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Zagreb – Budapest |
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Budapest – Miskolc – UA border |
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Lendava – Letenye |
Road |
|
Vásárosnamény – UA border |
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Missing links |
Almería – Murcia |
Rail |
Non-UIC gauge interoperable lines on the Iberian Peninsula |
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Perpignan – Montpellier |
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Koper – Divača |
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Rijeka – Zagreb |
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Milano – Cremona – Mantova – Porto Levante/Venezia – Ravenna/Trieste |
Inland waterways |
|
▼M1 ————— |
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Cross-border links |
Tallinn – Rīga – Kaunas – Warszawa: Rail Baltic new UIC gauge fully interoperable line |
Rail |
Świnoujście/Szczecin – Berlin |
Rail and inland waterways |
|
Via Baltica Corridor EE-LV-LT-PL |
Road |
|
Missing links |
Kaunas – Vilnius: part of Rail Baltic new UIC gauge fully interoperable line |
Rail |
Warszawa/Idzikowice – Poznań/Wrocław, incl. connections to the planned Central Transport Hub |
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Nord-Ostsee-Kanal |
Inland waterways |
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Berlin – Magdeburg – Hannover; Mittellandkanal; western German canals |
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Rhine, Waal |
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Noordzeekanaal, IJssel, Twentekanaal |
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▼M1 ————— |
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Cross-border links |
Brussel or Bruxelles – Luxembourg – Strasbourg |
Rail |
Terneuzen – Gent |
Inland waterways |
|
Seine – Scheldt Network and the related Seine, Scheldt and Meuse river basins |
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Rhine-Scheldt corridor |
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Missing links |
Albertkanaal/Canal Albert and Kanaal Bocholt-Herentals |
Inland waterways |
▼M1 ————— |
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Cross-border links |
Dresden – Praha/Kolín |
Rail |
Wien/Bratislava – Budapest |
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Békéscsaba – Arad – Timișoara |
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Craiova – Calafat – Vidin – Sofia – Thessaloniki |
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Sofia – RS border/MK border |
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TR border – Alexandroupoli |
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MK border – Thessaloniki |
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Ioannina – Kakavia (AL border) |
Road |
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Drobeta Turnu Severin/Craiova – Vidin – Montana |
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Sofia – RS border |
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Hamburg – Dresden – Praha – Pardubice |
Inland waterways |
|
Missing links |
Igoumenitsa – Ioannina Praha – Brno Thessaloniki – Kavala – Alexandroupoli Timișoara – Craiova |
Rail |
▼M1 ————— |
||
Cross-border links |
Zevenaar – Emmerich – Oberhausen |
Rail |
Karlsruhe – Basel |
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Milano/Novara – CH border |
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Basel – Antwerpen/Rotterdam – Amsterdam |
Inland waterways |
|
Missing links |
Genova – Tortona/Novi Ligure |
Rail |
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Zeebrugge – Gent |
|
▼M1 ————— |
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Cross-borderlinks |
München – Praha |
Rail |
Nürnberg – Plzeň |
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München – Mühldorf – Freilassing – Salzburg |
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Strasbourg – Kehl Appenweier |
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Hranice – Žilina |
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Košice – UA border |
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Wien – Bratislava/Budapest |
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Bratislava – Budapest |
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Békéscsaba – Arad – Timișoara – RS border |
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București – Giurgiu – Rousse |
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Danube (Kehlheim – Constanța/Midia/Sulina) and the related Váh, Sava and Tisza river basins |
Inland waterways |
|
Zlín – Žilina |
Road |
|
Timișoara – RS border |
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Missing links |
Stuttgart – Ulm |
Rail |
Salzburg – Linz |
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Craiova – București |
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Arad – Sighișoara – Brașov- Predeal |
||
▼M1 ————— |
||
Cross-border links |
RU border – Helsinki |
Rail |
København – Hamburg: Fehmarn belt fixed link access routes |
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München – Wörgl – Innsbruck – Fortezza – Bolzano – Trento – Verona: Brenner base tunnel and its access routes |
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Göteborg-Oslo |
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København – Hamburg: Fehmarn belt fixed link |
Rail/Road |
2. Indicative list of pre-identified cross-border links on the comprehensive network
The cross-border sections of the comprehensive network referred to in Article 9(2), point (a)(ii), include notably the following sections:
Baile Átha Cliath or Dublin/Letterkenny – UK border |
Road |
Pau – Huesca |
Rail |
Lyon – CH border |
Rail |
Athus – Mont-Saint-Martin |
Rail |
Breda – Venlo – Viersen – Duisburg |
Rail |
Antwerpen – Duisburg |
Rail |
Mons – Valenciennes |
Rail |
Gent – Terneuzen |
Rail |
Heerlen – Aachen |
Rail |
Groningen – Bremen |
Rail |
Stuttgart – CH border |
Rail |
Gallarate/Sesto Calende – CH border |
Rail |
Berlin – Rzepin/Horka – Wrocław |
Rail |
Praha – Linz |
Rail |
Villach – Ljubljana |
Rail |
Pivka – Rijeka |
Rail |
Plzeň – České Budějovice – Wien |
Rail |
Wien – Győr |
Rail |
Graz – Celldömölk – Győr |
Rail |
Neumarkt-Kallham – Mühldorf |
Rail |
Amber Corridor PL-SK-HU |
Rail |
Via Carpathia Corridor BY/UA border-PL-SK-HU-RO |
Road |
Focșani – MD border |
Road |
Budapest – Osijek – Svilaj (BA border) |
Road |
Faro – Huelva |
Rail |
Porto – Vigo |
Rail |
Giurgiu – Varna |
Rail |
Svilengrad – Pithio |
Rail |
3. Components of the comprehensive network located in Member States which do not have a land border with another Member State.
PART IV
SELECTION OF CROSS-BORDER PROJECTS IN THE FIELD OF RENEWABLE ENERGY
1. Objective of cross-border projects in the field of renewable energy
Cross-border projects in the field of renewable energy shall promote cross-border cooperation between Member States in the field of planning, development and the cost-effective exploitation of renewable energy sources, as well as facilitate their integration through energy storage facilities and with the aim of contributing to the Union’s long term decarbonisation strategy.
2. General criteria
In order to qualify as a cross-border project in the field of renewable energy, a project shall meet all of the following general criteria:
the project shall be included in a cooperation agreement or any other kind of arrangement between two or more Member States or between one or more Member States and one or more third countries as set out in Articles 8, 9, 11 and 13 of Directive (EU) 2018/2001;
the project shall provide cost savings in the deployment of renewable energy or benefits for system integration, security of supply or innovation, or both, in comparison to a similar project or renewable energy project implemented by one of the participating Member States alone;
the potential overall benefits of cooperation outweigh its costs, including in the longer term, as assessed on the basis of the cost-benefit analysis as referred to in point 3 of this Part and applying the methodologies referred to in Article 7(2) of this Regulation.
3. Cost-benefit analysis
energy generation costs;
system integration costs;
support costs;
greenhouse gas emissions;
security of supply;
air and other local pollution, such as effects on local nature and the environment;
innovation.
4. Procedure
Promoters, including Member States, of a project that is potentially eligible for selection as a cross-border project in the field of renewable energy under a cooperation agreement or any other kind of arrangement between two or more Member States or between one or more Member States and one or more third countries as set out in Articles 8, 9, 11 and 13 of Directive (EU) 2018/2001 and that seeks to obtain the status of cross-border project in the field of renewable energy, shall submit an application for selection as a cross-border project in the field of renewable energy to the Commission. The application shall include the relevant information to allow the Commission to evaluate the project against the criteria laid down in points 2 and 3 of this Part, in line with the methodologies referred to in Article 7(2) of this Regulation.
The Commission shall ensure that promoters are given the opportunity to apply for the status of cross-border project in the field of renewable energy at least once a year.
The Commission shall set up and chair a group for cross-border-projects in the field of renewable energy, composed of one representative of each Member State and one from the Commission. The group shall adopt its own rules of procedure.
At least once a year, the Commission shall organise the process for selection as cross-border projects. Following the evaluation of the projects, the Commission shall submit to the group referred to in point (b) of this point a list of eligible projects in the field of renewable energy that comply with the criteria set out in Article 7 and in point (d) of this point.
The group referred to in point (b) shall be given relevant information, unless commercially sensitive, on the eligible projects included in the list submitted by the Commission regarding the following criteria:
a confirmation of the compliance with the eligibility and selection criteria for all projects;
information on the cooperation mechanism that a project pertains to and information regarding the extent to which a project has the support of one or several Member States;
description of the objective of the project, including the estimated capacity (in kW) and, where available, renewable energy production (in kWh per annum), as well as the total project costs and eligible costs referred, in euro;
information on the expected Union added value in accordance with point 2, (b), of this Part and on the expected costs and benefits and the expected Union added value in accordance with point 2, (c), of this Part.
The group may invite to its meetings, as appropriate, promoters of eligible projects, representatives of third countries involved in eligible projects and any other relevant stakeholders.
On the basis of the evaluation results, the group shall agree on a draft list of cross-border projects in the field of renewable energy, to be adopted in accordance with point (g).
The Commission shall adopt the final list of selected cross-border projects in the field of renewable energy by delegated act on the basis of a draft list referred to in point (f) and taking into account point (i). The Commission shall also publish on its website the list of selected cross-border projects in the field of renewable energy. That list shall be reviewed as necessary and at least every two years.
The group shall monitor the implementation of the projects on the final list and make recommendations on how to overcome possible delays in their implementation. For this purpose, project promoters of the selected projects shall provide information on the implementation of their projects.
The Commission shall, when selecting the cross-border projects in the field of renewable energy, aim to ensure an appropriate geographical balance in the selection of such projects. Regional groupings may be used for the selection of projects.
A project shall not be selected as a cross-border project in the field of renewable energy, or, if selected, shall have such status withdrawn, if information which was a determining factor in the evaluation, was incorrect, or if the project does not comply with Union law.
PART V
DIGITAL CONNECTIVITY INFRASTRUCTURE PROJECTS OF COMMON INTEREST
1. Gigabit connectivity, including 5G systems and other state-of-the-art connectivity, for socioeconomic drivers.
Actions shall be prioritised taking into account the function of the socioeconomic drivers, the relevance of the digital services and applications enabled by providing the underlying connectivity, and the potential socioeconomic benefits to citizens, business and local communities, including the additional area coverage generated in terms of households. The available budget shall be allocated in a geographically balanced manner across Member States.
Priority shall be given to actions contributing to Gigabit connectivity, including 5G systems and other state-of-the-art connectivity, for:
hospitals and medicals centres, in line with the efforts to digitalise the healthcare system, with a view to increasing the well-being of Union citizens and changing the way health and care services are delivered to patients;
education and research centres, in the context of the efforts to facilitate the use, inter alia, of high-speed computing, cloud applications and big data, close digital divides and to innovate in education systems, to improve learning outcomes, enhance equity and improve efficiency;
uninterrupted 5G wireless broadband coverage to all urban areas by 2025.
2. Wireless connectivity in local communities
Actions that aim to provide local wireless connectivity in centres of local public life, including outdoor spaces accessible to the general public that play a major role in the public life of local communities, shall fulfil the following conditions in order to receive funding:
they are implemented by a public sector body as referred to in the second paragraph, which is capable of planning and supervising the installation, as well as ensuring for a minimum of three years the financing of operating costs, of indoor or outdoor local wireless access points in public spaces;
they build on very high capacity digital networks enabling the delivery of very high-quality internet experience to users that:
is free of charge and without discriminatory conditions, easy to access, secured and uses most recent and best available equipment, and is capable of delivering high-speed connectivity to its users; and
supports widespread and non-discriminatory access to innovative digital services;
they use the common visual identity to be provided by the Commission and link to the associated multi-lingual online tools;
in view of achieving synergies and increasing capacity and improving user experience, they facilitate the deployment of 5G ready small-area wireless access points, as defined in Directive (EU) 2018/1972; and
they commit to procure the necessary equipment and/or related installation services in accordance with applicable law to ensure that projects do not unduly distort competition.
Union financial support shall be available to public sector bodies as defined in Article 3, point (1), of Directive (EU) 2016/2102 of the European Parliament and of the Council ( 4 ) undertaking to provide, in accordance with national law, local wireless connectivity that is free of charge and without discriminatory conditions through the installation of local wireless access points.
Funded actions shall not duplicate existing free private or public offers of similar characteristics, including quality, in the same public space.
The available budget shall be allocated in a geographically balanced manner across Member States.
Wherever relevant, coordination and coherence will be ensured with the actions supported by the CEF that promote access of socioeconomic drivers to very high capacity networks capable of providing Gigabit connectivity, including 5G systems and other state-of-the-art connectivity.
3. Indicative list of 5G corridors and cross-border backbone connections eligible for funding
In line with the Gigabit society objectives set out by the Commission to ensure that major terrestrial transport paths have uninterrupted 5G coverage by 2025, actions implementing uninterrupted coverage with 5G systems pursuant to Article 9(4), point (c), include, as a first step, actions on the cross-border sections for connected automated mobility (CAM) experimentation, and, as a second step, actions on more extensive sections in view of a larger scale deployment of CAM along the corridors, as indicated in the table below (indicative list). The TEN-T corridors are used as a basis for this purpose, but the deployment of 5G is not necessarily confined to those corridors ( 5 ).
Furthermore, actions supporting deployment of backbone networks, including with submarine cables across Member States and between the Union and third countries or connecting European islands, pursuant to Article 9(4), point (d), are also supported in order to provide necessary redundancy for such vital infrastructure, and to increase the capacity and resilience of the Union’s digital networks.
Core network corridor “Atlantic” |
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Cross-border sections for CAM experimentation |
Porto – Vigo |
Mérida – Évora |
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Paris – Amsterdam – Frankfurt am Main |
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Aveiro – Salamanca |
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San Sebastián – Biarritz |
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More extensive section for larger scale deployment of CAM |
Metz – Paris – Bordeaux – Bilbao – Vigo – Porto – Lisboa |
Bilbao – Madrid – Lisboa |
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Madrid – Mérida – Sevilla – Tarifa |
|
Deployment of backbone networks, including with submarine cables |
Açores/Madeira Islands – Lisboa |
Core network corridor “Baltic – Adriatic” |
|
Cross-border sections for CAM experimentation |
|
More extensive section for larger scale deployment of CAM |
Gdańsk – Warszawa – Brno – Wien – Graz – Ljubljana – Koper/Trieste |
Core network corridor “Mediterranean” |
|
Cross-border sections for CAM experimentation |
|
More extensive section for larger scale deployment of CAM |
Budapest – Zagreb – Ljubljana – Rijeka – Split – Dubrovnik |
Ljubljana – Zagreb – Slavonski Brod – Bajakovo (RS border) |
|
Slavonski Brod – Đakovo – Osijek |
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Montpellier – Narbonne – Perpignan – Barcelona – Valencia – Málaga – Tarifa with an extension to Narbonne – Toulouse |
|
Deployment of backbone networks, including with submarine cables |
Submarine cable networks Lisboa – Marseille – Milano |
Core network corridor “North Sea – Baltic” |
|
Cross-border sections for CAM experimentation |
Warszawa – Kaunas – Vilnius |
Kaunas – Klaipėda |
|
More extensive section for larger scale deployment of CAM |
Tallinn –Rīga – Kaunas – LT/PL border –Warszawa |
BY/LT border – Vilnius – Kaunas – Klaipėda |
|
Via Carpathia: Klaipėda – Kaunas – Ełk – Białystok – Lublin – Rzeszów – Barwinek – Košice |
|
Core network corridor “North Sea – Mediterranean” |
|
Cross-border sections for CAM experimentation |
Metz – Merzig – Luxembourg |
Rotterdam – Antwerp – Eindhoven |
|
More extensive section for larger scale deployment of CAM |
Amsterdam – Rotterdam – Breda – Lille – Paris |
Brussel or Bruxelles – Metz – Basel |
|
Mulhouse – Lyon – Marseille |
|
Core network corridor “Orient/East-Med” |
|
Cross-border sections for CAM experimentation |
Sofia – Thessaloniki – Beograd |
More extensive section for larger scale deployment of CAM |
Berlin – Praha – Brno – Bratislava – Timișoara – Sofia – TR border |
Bratislava – Košice |
|
Sofia – Thessaloniki – Athina |
|
Core network corridor “Rhine – Alpine” |
|
Cross-border sections for CAM experimentation |
Bologna – Innsbruck – München (Brenner corridor) |
More extensive section for larger scale deployment of CAM |
Rotterdam – Oberhausen – Frankfurt am Main |
Basel – Milano – Genova |
|
Core network corridor “Rhine – Danube” |
|
Cross-border sections for CAM experimentation |
|
More extensive section for larger scale deployment of CAM |
Frankfurt am Main – Passau – Wien – Bratislava – Budapest – Osijek – Vukovar – București – Constanta |
București – Iasi |
|
Karlsruhe – München – Salzburg – Wels |
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Frankfurt am Main – Strasbourg |
|
Core network corridor “Scandinavian – Mediterranean” |
|
Cross-border sections for CAM experimentation |
Oulu – Tromsø Oslo – Stockholm – Helsinki |
More extensive section for larger scale deployment of CAM |
Turku – Helsinki – RU border |
Oslo – Malmö – København – Hamburg – Würzburg – Nürnberg – München – Rosenheim – Verona – Bologna – Napoli – Catania – Palermo |
|
Stockholm – Malmö |
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Napoli – Bari – Taranto |
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Aarhus – Esbjerg – Padborg |
( 1 ) The financial envelope of the CEF for the period 2021-2027 in constant 2018 prices is EUR 29 896 000 000 and is distributed as follows: (a) transport: EUR 22 884 000 000 , of which (i) EUR 11 384 000 000 from the MFF 2021-2027, Heading 1(2), European Strategic Investment; (ii) EUR 10 000 000 000 transferred from the Cohesion Fund; (iii) EUR 1 500 000 000 from the MFF 2021-2027, Heading 5(13), Defence; (b) energy: EUR 5 180 000 000 ; (c) digital: EUR 1 832 000 000 .
( 2 ) Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
( 3 ) EUR 1 384 000 000 in 2018 prices.
( 4 ) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
( 5 ) Sections in italics are located outside of the TEN-T core network corridors but included in the 5G corridors.