Chapter III, Section 2, Article 23 · Regulation (EU) 2024/1679

Contents

Article 23Transport infrastructure requirements for the core network#

1.Member States shall ensure that the inland ports of the core network comply with Article 22(2) and meet the requirements set out in Article 22(1), points (a) and (b), by 31 December 2030 and in Article 22(1), point (c), by 31 December 2040.

2.Member States shall ensure that the inland waterway network, including connections referred to in Article 21(1), point (e), is maintained to enable efficient, reliable and safe navigation for users by ensuring minimum waterway requirements and minimum levels of service requirements laid down in paragraph 3 of this Article (Good Navigation Status).Member States shall prevent the deterioration of the Good Navigation Status, as well as prevent the deterioration of the current status of those parts of the network that already exceed those minimum requirements by 18 July 2024.

3.Member States shall by 31 December 2030 in particular ensure that:

(a)rivers, canals, lakes, lagoons, inland ports and their access routes provide a navigable channel depth of at least 2,5 m and a minimum height under non-openable bridges of at least 5,25 m at specified reference water levels, which are exceeded at a defined number of days per year on a statistical average;

(b)Member States shall publish on a website accessible to the public the number of days per year as referred to in point (a) during which the actual water level exceeds or does not achieve the specified reference water level for navigation channel depth, as well as the average waiting times at each lock;

(c)operators of locks shall ensure that locks are operated and maintained in such a way that waiting times are minimised; and

(d)rivers, canals, lakes and lagoons are equipped with RIS for all services in accordance with Directive 2005/44/EC of the European Parliament and of the Council^note, so as to guarantee real-time information to users across borders.

For the purposes of point (a) of this paragraph, the reference water levels shall be established on the basis of the number of days per year on which the actual water level exceeded the specified reference water level. Subject to the approval of the Member States concerned in accordance with Article 172, second paragraph, TFEU, the Commission shall adopt implementing acts, to be elaborated in close cooperation with such Member States, in consultation with the European Coordinators concerned and, if applicable, in consultation with river navigation commissions set up by international agreements, specifying the reference water levels referred to in point (a) of this paragraph per corridor, per waterway or per waterway section. These implementing acts shall be consistent with the requirements which are set out in international conventions, in agreements concluded between Member States, including in the regulations adopted by the river navigation commissions set up by such conventions and agreements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 61(3) of this Regulation.

4.At the request of a Member State, in duly justified cases, the Commission shall adopt implementing acts granting exemptions from the requirements referred to in paragraphs 2 and 3 per waterway and where appropriate per waterway section, on the ground of specific geographical or significant physical constraints, negative result of socio-economic cost-benefit analysis, or significant negative impacts on environment, biodiversity or cultural heritage. Any such request shall be substantiated with sufficient justification. The request for exemptions shall be coordinated with the neighbouring Member State or Member States where applicable. The neighbouring Member States may provide an opinion to the Member State requesting the exemption. The Member State shall attach the opinions of the neighbouring Member States to its request. A Member State may request the granting of several exemptions in a single request.The Commission shall assess the request in the light of the justification provided under the first subparagraph. The Commission shall take duly into account the opinions of the neighbouring Member States concerned.The Commission may ask for additional information from the Member State no later than 30 calendar days following the receipt of request pursuant to the first subparagraph. If the Commission considers that the information provided is insufficient, it may ask the Member State to supplement that additional information within 30 calendar days from the receipt of that additional information.The Commission shall take a decision on the requested exemption no later than six months following the receipt of the request pursuant to the first subparagraph or, in the event that further information has been provided by the Member States concerned pursuant to the third subparagraph, no later than four months following the latest receipt of such information, whichever is later. In the absence of an explicit decision by the Commission within such time-limits, the exemption shall be deemed to be granted.The Commission shall inform other Member States of the exemptions granted pursuant to this Article.Deterioration of the minimum requirements caused by direct human action or by lack of diligence in the maintenance of the inland waterway network shall not be considered as a case justifying the granting of an exemption.

5.In the event of force majeure, Member States shall restore the navigability conditions to their previous status as soon as the situation permits.

6.The Commission may adopt guidelines ensuring a coherent approach on the application of the Good Navigation Status in the Union. These guidelines may cover in particular:

(a)specific parameters for free flowing rivers;

(b)complementary parameters for navigable width of channel;

(c)deployment of alternative energy infrastructure to ensure corridor-wide access to alternative fuels;

(d)use of digital applications of the network and automation processes;

(e)resilience of the infrastructure to climate change, natural hazards and human-made disasters or intentional disruptions; or

(f)introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems.

Defined terms · 39

Show every defined term

active mode
means the transport of people or goods, through non-motorised means, based on human physical activity, including vehicles with electric auxiliary propulsion as referred to in Article 2(2), point (h), of Regulation (EU) No 168/2013 of the European Parliament and of the Council;
aircraft contact stand
means a stand in a designated area of the airport apron equipped with a passenger boarding bridge;
aircraft remote stand
means a stand in a designated area of the airport apron not equipped with a passenger boarding bridge;
alternative fuels
means ‘alternative fuels’, as defined in Article 2, point (4), of Regulation (EU) 2023/1804;
bottleneck
means a physical, technical, functional, operational or administrative barrier which leads to a system break, including systematic congestion or standstill, affecting the continuity of traffic for long-distance or cross-border flows;
class B systems
means ‘class B systems’ as defined in point 3 of Annex II to Commission Implementing Regulation (EU) 2023/1695;
cross-border section
means the section which ensures the continuity of a project of common interest on both sides of a border, situated between the closest urban nodes to the border of two Member States or between a Member State and a neighbouring country;
eFTI
means the electronic ‘freight transport information’ as defined in Article 3, point (4) of Regulation (EU) 2020/1056 of the European Parliament and of the Council;
ERTMS
means ‘European Rail Traffic Management System (ERTMS)’, as defined in point 2.2 of Annex I to Commission Implementing Regulation (EU) 2023/1695, and in the context of implementation deadlines it refers to the Class A train protection system and any Class A radio system, referred to in that Regulation;
European ATM Master Plan
means the plan endorsed by Council Decision 2009/320/EC, and as subsequently amended;
European Coordinator
means the Coordinator referred to in Article 52 of Regulation (EU) 2024/1679.
freight corridor
means the freight railway lines of the European Transport Corridor as specified in Article 11(1) of Regulation (EU) 2024/1679 of the European Parliament and the Council of 13 July 2024 on Union guidelines for the development of the trans-European transport network and in Annex III to that Regulation, including the railway infrastructure and its equipment and relevant rail services in accordance with Directive 2012/34/EU;
implementation plan
means the document presenting the means, the strategy and the measures that the parties concerned intend to implement which are necessary and sufficient to organise and manage the freight corridor;
interoperability
means the ability, including in the light of all the regulatory, technical, administrative and operational conditions, of the infrastructure, including digital infrastructure in a transport mode or segment and between different transport modes, to allow safe and uninterrupted traffic and information flows which achieve the required levels of performance for that infrastructure mode or segment;
isolated network
means a rail network of a Member State, or part thereof, with a track gauge different from that of the European standard nominal track gauge of 1435 mm;
ITS
means ‘Intelligent Transport Systems’ as defined in Article 4, point (1), of Directive 2010/40/EU;
maintenance
means works intended to maintain the condition and capability of existing infrastructure in a way that it provides a level of service suited to the traffic flow and a high level of safety during its lifetime;
maritime port
means a ‘maritime port’ as defined in Article 2, point (16), of Regulation (EU) 2017/352 of the European Parliament and of the Council;
multimodal digital mobility service
means ‘multimodal digital mobility service’ as defined in Article 4, point (24), of Directive 2010/40/EU of the European Parliament and of the Council;
multimodal freight terminal
means a structure equipped for transhipment between at least two transport modes, or between two different rail systems, and for temporary storage of freight, such as terminals in inland or maritime ports, along inland waterways and in airports, as well as rail road terminals;
multimodal passenger hub
means a connection point between at least two transport modes for passengers, where travel information, access to public transport and transfers between modes are ensured, such as park-and-ride stations, and which acts as an interface within and between urban nodes and between urban nodes and longer-distance transport networks;
multimodal transport
means the carriage of passengers or freight, or both, using two or more modes of transport;
neighbouring country
means a third country falling within the scope of the European Neighbourhood Policy, the Enlargement Policy, and the European Economic Area, the European Free Trade Association or the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part;
project authorising decision
means a decision or a set of decisions, including of an administrative nature, taken simultaneously or successively, by an authority or authorities of a Member State, not including administrative and judicial appeal authorities, under a national legal system and administrative law that determines whether or not a project promoter is entitled to implement a project on the geographical area concerned on the core network, extended core network or comprehensive network, without prejudice to any decision taken in the context of an administrative or judicial appeal procedure.
project of common interest
means any project carried out pursuant to this Regulation;
radio-based ERTMS
means the European Train Control System (ETCS) application level 2 that does not require lineside signals and uses a Class A radio system for the safety and non-safety related data exchange between track and train pursuant to Commission Implementing Regulation (EU) 2023/1695;
rail freight governance
means the governance bodies referred to in Article 8 of Regulation (EU) No 913/2010;
RIS
means ‘river information services (RIS)’ as defined in Article 3, point (a), of Directive 2005/44/EC of the Parliament and of the Council;
safe and secure parking area
means a parking area accessible to drivers engaged in the carriage of goods or passengers, meeting the requirements listed in Article 8a(1) of Regulation (EC) No 561/2006 of the European Parliament and of the Council and which has been certified in accordance with Union standards and procedures, referred to in Article 8a(2) of that Regulation;
SES
means the systems established under Regulation (EC) No 549/2004 (EC) No 550/2004, (EC) No 551/2004, and (EU) 2018/1139 of the European Parliament and of the Council to reinforce air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in Europe;
short-sea shipping
means the movement of cargo and passengers by sea between ports situated in geographical waters of one or several Member States or between a port situated in waters of Member States and a port situated in waters of an adjacent third country having a coastline on the seas bordering waters of one or several Member States;
socio-economic cost-benefit analysis
means a quantified ex-ante evaluation, based on a recognised methodology, of the value of a project, taking into account all the relevant social, economic, health, climate-related and environmental benefits and costs;
spaceport
means an installation for testing and launching space crafts;
SUMP
means a document for strategic mobility planning, aiming at improving, in a sustainable way, accessibility to and mobility within the functional urban area, including commuting zones in that urban area or in its vicinity), for people, businesses and goods in view in particular of a better quality of life;
terminal
means the installation provided along the freight corridor which has been specially arranged to allow either the loading or the unloading of goods onto or from freight trains, and the integration of rail freight services with road, maritime, river and air services, and either the forming or modification of the composition of freight trains;
urban node
means an urban area where elements of the transport infrastructure of the trans-European transport network for passengers and freight, such as ports, including passenger terminals, airports, railway stations, bus terminals and multimodal freight terminals, located in and around the urban area are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic, including infrastructure for active modes;
vertiport
means an area used for the take-off and landing of vertical take-off and landing (VTOL) aircraft;
VTMIS
means the ‘vessel traffic monitoring and information system’ established by Directive 2002/59/EC of the European Parliament and of the Council;
weigh in motion system
means an automatic system set up on the road infrastructure with the objective of identifying vehicles or vehicle combinations in circulation that are likely to have exceeded the relevant weight limits, in accordance with Directive 96/53/EC of the European Parliament and of the Council;