COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a Regulation of the European Parliament and the Council establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014

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    EN EN
    EUROPEAN
    COMMISSION
    Brussels, 6.6.2018
    SWD(2018) 312 final
    COMMISSION STAFF WORKING DOCUMENT
    IMPACT ASSESSMENT
    Accompanying the document
    Proposal for a Regulation of the European Parliament and the Council
    establishing the Connecting Europe Facility and repealing Regulations (EU)
    No 1316/2013 and (EU) No 283/2014
    {COM(2018) 438 final} - {SEC(2018) 292 final} - {SWD(2018) 313 final}
    Europaudvalget 2018
    KOM (2018) 0438
    Offentligt
    1
    Table of contents
    1 INTRODUCTION: POLITICAL AND LEGAL CONTEXT............................................................... 3
    1.1 Scope and context..............................................................................................3
    1.2 Lessons learned from previous programmes.....................................................7
    1.3 Results from the consultation activities...........................................................10
    2 THE OBJECTIVES ............................................................................................................................ 11
    2.1 Challenges for the programmes of the next MFF............................................11
    2.2 Objectives of the programmes for the next MFF ............................................25
    3 PROGRAMME STRUCTURE AND PRIORITIES........................................................................... 27
    3.1 The core priorities remain focused on the trans-European networks..............28
    3.2 The scope of intervention in the digital sector is redefined in
    complementarity with the new Digital Europe Programme and with
    the centralisation of all financial instruments under InvestEU .......................30
    3.3 The scope of intervention in the energy sector is extended to targeted
    cross-border cooperation in the field of renewable energy under
    specific circumstances.....................................................................................31
    4 DELIVERY MECHANISMS OF THE INTENDED FUNDING ...................................................... 33
    4.1 Changes in the programme delivery according to the Commission's
    global simplification measures........................................................................33
    4.2 Direct management of CEF and its benefits....................................................34
    4.3 Proposed changes in the programme management by the parent DGs
    and the Agency................................................................................................35
    5 HOW WILL PERFORMANCE BE MONITORED AND EVALUATED?....................................... 42
    ANNEX 1: PROCEDURAL INFORMATION............................................................................................ 45
    ANNEX 2: STAKEHOLDER CONSULTATION....................................................................................... 47
    ANNEX 3: COMPREHENSIVE ASSESSMENT OF THE EXTENSION OF SCOPE OF THE
    ENERGY WINDOW TOWARDS TARGETED CROSS-BORDER COOPERATION IN
    RENEWABLES.................................................................................................................................. 64
    ANNEX 4: FURTHER BACKGROUND REGARDING THE SCOPE OF CEF DIGITAL ...................... 83
    2
    Glossary
    Term or acronym Meaning or definition
    CEF Connecting Europe Facility
    EEPR European Energy Programme for Recovery (EEPR)
    EFSI European Fund for Strategic Investments
    EIB European Investment Bank
    ERDF European Bank for Reconstruction and Development
    ERTMS European Rail Traffic Management System
    ESIF European Structural and Investment Funds
    eTEN Trans-European Telecommunications Networks
    INEA Innovation and Networks Executive Agency
    MFF Multiannual Financial Framework
    PCIs Projects of Common Interest
    RES Renewables
    SESAR Single European Sky ATM Research
    TEN Trans-European Networks
    TEN-E Trans-European Energy Networks
    TEN-T Trans-European Transport Network
    3
    1 INTRODUCTION: POLITICAL AND LEGAL CONTEXT
    "State-of-the-art connectivity of digital, energy and transport infrastructure is key to
    Europe’s territorial, social, and economic cohesion."1
    1.1 Scope and context
    The Connecting Europe Facility2
    (CEF) is a common, centrally-managed funding
    programme for transport, energy and telecommunications infrastructures, with an
    available budget of EUR 30.4 billion for the years 2014 to 2020. It was established as
    part of the Europe 2020 strategy for smart, sustainable and inclusive growth and the EU’s
    ‘20-20-20’ objectives in the area of energy and climate policy.
    On 2 May 2018, the European Commission adopted its proposals for a new Multiannual
    Financial Framework (MFF) for 2021-2027. Under these proposals, the Connecting
    Europe Facility programme will have a budget of EUR 42,265,000,000 over this period.
    This impact assessment report reflects the decisions of the MFF proposals and focuses on
    the changes and policy choices which are specific to this instrument.
    Based on the respective sectoral guidelines3
    , CEF supports the development of trans-
    European networks (TEN)4
    , with the objective of improving cohesion in the internal
    market and the EU’s competitiveness in the global market. The general objective of CEF
    is to foster implementation of projects contributing to the completion of the TEN. This is
    reflected in the priorities laid down in the guidelines for the sectors of transport and
    energy. CEF addresses market failures, focuses on projects of high European added value
    and helps leverage further investment from the private sector.
    As the scope of intervention in the digital component of CEF has changed significantly,
    it is necessary to repeal the sectoral guidelines for telecommunications and incorporate
    the provisions defining and prioritising projects of common interest in the area of digital
    connectivity - which would have been the substance of the revised digital guidelines -
    into the CEF Regulation. This was done in order ensure a coherent and comprehensive
    view of its scope, of the funding instruments and priorities proposed for the next multi-
    annual financial framework, and, conversely, to avoid overlaps and contradictory
    legislation.
    As outlined in the Communication on the budget for Europe 20205
    , the Commission
    considered that "while the market can and should deliver the bulk of the necessary
    investments, there is a need to address market failure – to fill persistent gaps, remove
    bottlenecks and ensure adequate cross-border connections. However, experience shows
    that national budgets will never give sufficiently high priority to multi-country, cross-
    1
    Communication from the Commission "A new, modern Multiannual Financial Framework for a European Union that
    delivers efficiently on its priorities post-2020" COM(2018)98 – 14.2.2018
    2
    Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013.
    3
    Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union
    guidelines for the development of the trans-European transport network, Regulation (EU) No 347/2013 of the
    European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure, and
    Regulation(EU) No 283/2014.of the European Parliament and of the Council on guidelines for trans-European
    networks in the area of telecommunications, to be repealed by the new CEF Regulation.
    4
    Articles 170-174 of the Treaty on the Functioning of the European Union (TFEU).
    5
    Communication from the Commission to the European Parliament, the Council, the European economic and social
    Committee and the Committee of the regions: A Budget for Europe 2020, European Commission, 29 June 2011.
    4
    border investments to equip the Single Market with the infrastructure it needs. This is
    one more example of the added value of the EU budget. It can secure funding for the
    pan-European projects that connect the centre and the periphery to the benefit of all.
    Therefore, the Commission has decided to propose the creation of a Connecting Europe
    Facility to accelerate the infrastructure development that the EU needs.”
    Figure 1: Needs, priorities and CEF support
    A mid-term evaluation6
    of the current programme was carried out in 2017. It indicated
    that CEF is overall on track in its contribution to meeting the policy objectives of the
    TENs and is effective in supporting projects with high EU added value. CEF triggered
    the development of projects that Member States had failed to enable with their own
    financial means. In some areas however, the effectiveness could still be improved. This
    would require a number of improvements in the financing of the TENs and, where
    appropriate the European Structural and Investment Funds7
    (ESIF), with a view to
    preparing a successor investment instrument post-2020. The financing framework of the
    TENs must take into account the impact of new initiatives such as the European Fund for
    Strategic Investments (EFSI) as well as the creation of the single guarantee fund “Invest
    EU”. The framework must also fully align with the current policy priorities of the
    Juncker Commission as well as long-term objectives such as the Paris Agreement8
    commitments with more emphasis on digitalization, decarbonisation, (cyber)security and
    green industrial leadership. In this context, an extension of scope to integrate renewables
    into cross-border cooperation involving at least two Member States is considered as an
    additional element in the CEF-energy window. This extension is designed to make use of
    the cost-effective renewable energy potential across the EU by stimulating
    regional/cross-border cooperation, sector integration and enabling the EU to meet its
    6
    COM(2018)66
    7
    Including European Regional and Development Fund (ERDF) and the Cohesion Fund (CF)
    8
    In 2015, the adoption of the Paris Agreement by the 21st session of the Conference of the Parties (COP21) to the UN
    Framework Convention on Climate Change committed the EU and its Member States to a reduction in domestic
    greenhouse gas (GHG) emissions of at least 40 % by 2030 and by 80 to 95 % by 2050 compared with 1990 levels.
    Investments
    needs in
    transport,
    energy, ICT
    EU
    investment
    priorities
    EU co-
    financed
    projects
    Priorities
    defined in
    the 3
    sectorial
    guidelines
    Market
    failures
    CEF ESIF
    Market
    and
    national
    financing
    EFSI
    5
    collective 2030 target. The scope of intervention of CEF Digital is changed in the same
    context, in order to ensure a closer alignment with the Union's strategic connectivity
    objectives, and a stronger focus on the core overall objective of the programme, allowing
    it to deliver on the infrastructure necessary for the digital transformation of the
    economy9.
    Moreover, in alignment with the cross cutting objectives of the new MFF, there is a need
    to explore ways to incorporate in the future programme simplification, flexibility,
    synergies and coherence with other EU programmes. Of paramount importance is the
    need to reflect upon the considerations put forward in the Commission's reflection paper
    on the EU's finances10
    which highlights CEF as a directly-managed EU programme
    supporting major EU infrastructures with high EU added value, contributing in making
    the EU visible and recognisable in the daily lives of its citizens. The paper also invites
    reflection on improvements to strengthen the performance and impact of the programme,
    in particular by avoiding overlaps, combining instruments and ensuring complementarity
    and simplification. In this spirit, the design of the successor CEF programme has to well
    address any potential overlaps and maximise synergies with the different EU instruments
    and programmes such as EFSI/InvestEU, the European Structural and Investment Funds
    (ESIF), Horizon Europe and the envisaged Digital Europe Programme.
    The European Commission jointly with the Estonian Presidency contributed to this
    reflection process by holding in the margins of the Informal Council in Tallinn in
    November 2017 a joint session of transport and energy ministers, looking into the
    achievements and the future of CEF as well as its priorities post-2020. The session
    highlighted the need to build in the next MFF on the success of CEF as the key tool for
    promoting infrastructure development and a deeper integration of the EU. The outcome
    of discussions were reflected in formal Council Conclusions on TEN-T and CEF 11
    adopted by unanimity in December 2017, which emphasised the efficient management of
    the CEF budget and called for the reinforcement of CEF as the strategic EU investment
    instrument for the realisation of the TENs.
    While completion of electricity network infrastructure remains the priority to achieve the
    development of renewables, integrating cross-border cooperation on renewables reflects
    the more Europeanized approach adopted as part of the Clean Energy for all Europeans
    Package with a collective responsibility to reach at least 27 % renewables in 2030, the
    changed policy context and the amendments from both legislators calling on the
    Commission to enable and support regional cooperation in the currently negotiated
    review of the Renewables Directive (for more details cf. chapter 3.3. Annex 3). It will
    also contribute to making better use of synergies, align with the development of the
    meshed grid under current energy priority corridors and facilitate sector coupling e.g.
    between power and mobility.
    A first class digital infrastructure is also a clear political priority, not only for the
    Commission but also for many Member States. In the wake of the Tallinn Digital
    Summit of 29 September 2017, the European Council has, in its conclusions of the
    October 2017 meeting, formally declared that “to successfully build a Digital Europe, the
    9
    These changes, as well as the ones resulting from the realignment of the instruments in the context of the coherence
    of the overall MFF package, are discussed in detail below as well as in Annex 4.
    10
    COM(2017) 358 of 28 June 2017
    11
    http://data.consilium.europa.eu/doc/document/ST-15053-2017-INIT/en/pdf
    6
    EU needs in particular […] a first rate infrastructure and communications network: this
    requires cooperation at the EU level, inter alia with the aim of achieving world-class very
    high-speed fixed and mobile networks (5G) all across the EU […]” (EUCO 14/17).
    In its report on the next MFF: "Preparing the Parliament’s position on the MFF post-
    2020"12
    , the European Parliament:
    "supports reinforcing the Connecting Europe Facility […];
    […] Stresses that an updated and more effective CEF programme should cover
    all modes of transport, including road and rail infrastructure, as well as inland
    waterways; considers that is should prioritise greater links between
    comprehensive networks and modes of transport that contribute to reducing CO2
    emissions, and focus on interconnections and the completion of the network in
    peripheral areas; reiterates the importance of enhancing interoperability through
    the European Railway Traffic Management System and enabling the full use of
    the Single European Sky initiative; calls for the completion of the European
    digital air traffic management system;
    […] stresses that CEF Telecom should continue to support Digital Service
    Infrastructures and high-speed broadband networks by enabling their
    accessibility, including in remote regions and rural areas, and by improving
    digital literacy, interconnectivity and interoperability;
    […] calls […] for continuous support for investments ensuring the diversification
    of energy sources and routes, increasing energy security and energy
    independence, and enhancing energy efficiency and the use of renewable energy,
    including by CEF Energy;"
    With regards to complementarity with related programmes to CEF, the Parliament called
    for the Commission to implement and further facilitate greater synergies and
    complementarities between the different EU funds, including cohesion policy, FP9 and
    EFSI. The Parliament also asked for a thorough climate mainstreaming and underlined
    that the EU should not finance projects and investments that are contrary to the
    achievement of EU climate goals.
    On the basis of the CEF mid-term evaluation and stakeholder consultation including the
    Open Public Consultation on EU funds in the area of strategic infrastructure, the
    envisaged scope of this impact assessment relates to identifying the main challenges to be
    addressed by the future CEF programme 2021-2027 with a focus on the key issue-areas
    requiring improvement compared to the current CEF programme. Stemming from this
    impact assessment will be the overall general and specific objectives of the future
    programme and a programme structure and associated delivery mechanisms that
    reinforce CEF for the purpose of the achievement of the EU policy objectives in the
    sectors concerned.
    This impact assessment satisfies the requirements of the Financial Regulation in respect
    of preparing an ex-ante evaluation.
    12
    European Parliament resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF
    post-2020 (2017/2052(INI))
    7
    1.2 Lessons learned from previous programmes
    Mid-Term Evaluation of CEF
    In accordance with the CEF Regulation13
    , the Commission, in cooperation with the
    Member States and the beneficiaries concerned, was required to present a report on the
    mid-term evaluation of the CEF to the European Parliament and the Council. This
    report14
    and its accompanying Commission staff working document (SWD) was adopted
    by the Commission on 13 February 2018. The evaluation assessed the programme’s
    overall performance in light of its general and sectoral objectives, as well as compared to
    what has been achieved as a result of national or EU action. In line with the
    Commission’s Better Regulation Guidelines, the evaluation was carried out according to
    five criteria: effectiveness, efficiency, relevance, coherence and EU added value.
    Table 1: Summary financial information as of March 2018 (EUR million)15
    Sector
    CEF Budget CEF Funding (Grants)16
    Total CEF
    Budget
    (Financial
    programming
    Draft Budget
    2019)
    out of
    which total
    CEF
    Budget
    allocated to
    grants
    Total reserved by
    an annual work
    programme or an
    amended multi-
    annual work
    programme
    (% of CEF
    budget allocated
    to grant)
    out of which
    total Actual
    CEF Funding
    for the awarded
    grants
    (% of CEF
    budget allocated
    to grant)17
    Total effective
    budgetary
    commitment for
    grants
    (% Actual CEF
    funding)
    Total effective
    payment for
    grants
    (% Actual
    CEF funding)
    Transport 24.138 23.549 23,540 (100%) 22,293 (95%) 8,877 (40%) 3,608 (16%)
    Energy 4.752 4.574 3,406 (74%) 2,461 (58%) 1,201 (49%) 259 (11%)
    Telecom 1.043 579 325 (56%) 176 (30%) 155 (88%) 71 (40%)
    Synergy 4018
    22 (55%) 22 (100%) 8 (40%)
    Total 29.933 28.724 27,311 (95%) 24,952 (87%) 10,255 (41%) 3,946 (16%)
    The grants selected under the Multi-annual Work Programmes for CEF Transport and
    CEF Energy are managed through annual instalments over the period 2014-2020. The
    legal commitment is broken down into one or several budgetary commitments depending
    on the progress of the action. The total budgetary commitment is therefore lower than the
    13
    Article 27 of Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013.
    14
    COM(2018)65
    15
    The synergy call funding came from both the Transport and Energy budgets.
    16
    Not taking into account the credits allocated to PSAs, Financial Instruments and procurements (including IT costs for
    TENtec). In addition, the total CEF Budget for grant has been supplemented with internal assigned revenues for EUR
    255 million (mostly allocated to the CEF Transport).
    17
    Taking into account funding reductions due to amendments, closures and terminations
    18
    The indicative amount for the multi-sectorial call for proposal (energy and transport) was EUR 40 million but the
    effective demand was limited and only EUR 22 million was awarded in grants
    8
    total amount allocated via grant agreements (i.e. the total of the budgetary commitment
    represents 41% of the total amount of the grants allocated). So far, 16% of the total
    amount allocated to the selected grants has been paid through pre-financings and interim
    payment accounts. This information is broken down per sector in the above table.
    Overall, the conclusions of the Mid-Term Evaluation of CEF were as follows:
    "The evaluation illustrated that after the first three and a half years of CEF
    implementation, the programme is on track, although it is much too early to measure
    results given that the programme implementation is still at an early stage. Moreover, the
    performance framework provided in the Regulation has proven lacking well defined or
    robust indicators. With this reservation in mind, the evaluation showed that:
     CEF is an effective and targeted instrument for investment in trans-European
    infrastructure (TEN) in transport, energy and the digital sector. Since 2014, it has
    invested EUR 25 billion, which has resulted in approximately EUR 50 billion of
    overall infrastructure investment in the EU. CEF contributes to the Commission’s
    priorities on jobs, growth and investment, the internal market, Energy Union and
    climate, and the Digital Single Market. In so doing, it is strengthening the
    competitiveness of the EU economy.
     CEF brings high European added value for all Member States by supporting
    connectivity projects with a cross-border dimension. Most funding is awarded to
    projects bridging missing links and removing bottlenecks, with the aim of ensuring
    the proper functioning of the EU internal market and territorial cohesion among
    Member States in the transport, energy and digital sectors. Projects in energy also
    provide security of supply and are key for the cost-effective decarbonisation of the
    economy. CEF is also instrumental in the deployment of EU-wide new systems in
    traffic management and safety (e.g. SESAR for aviation, ERTMS for railways), high-
    performance electricity lines and smart grids essential for the rapid intake of
    renewable non-carbon energy sources, and in the roll-out of broadband and
    interconnected Digital Services (such as Open Data, e-Health, e-Procurement,
    eIdentification and eSignature).
     The direct management of CEF grants has proved very efficient, with a strong project
    pipeline and a competitive selection process, a focus on EU policy objectives,
    coordinated implementation and the full involvement of Member States. The INEA
    executive agency has a very good track record on the financial management of CEF
    and on optimising the budget, particularly thanks to its flexibility in quickly re-
    directing money unspent by certain actions to financing new ones.
     For the first time, a share of the cohesion budget (EUR 11.3 billion for transport)
    was executed under direct management within the CEF framework. 100 % of the
    envelope was allocated during the first half of the programme period, almost
    exclusively on sustainable transport modes. Targeted technical assistance, lower
    administrative costs for Member States, clear funding priorities and a solid project
    pipeline stemming from the continuity of projects and studies formerly supported by
    the TEN-T Programme or by the Cohesion Policy instruments contributed to the fast
    allocation of funds.
    9
     CEF has continued to use and develop innovative financial instruments. However,
    their deployment has been limited due to the new possibilities offered by EFSI19
    . The
    use of the CEF financial instruments is expected to take up during the second half of
    the programme when complementarity between the CEF specific financial
    instruments and EFSI will have been ensured. The Connecting Europe Broadband
    Fund, building on contributions from CEF and EFSI, is expected to become
    operational in 2018 and fund the rollout of very high capacity networks in
    underserved areas, with an important leverage effect.
     Moreover, a very positive first experience of blending20
    grants with financial
    instruments was carried out in 2017 in transport, with EUR 2.2 billion funding
    requested for a call with an indicative budget of EUR 1 billion, enabling the use of
    grants to maximise the leverage of private or public funds.
     CEF spending in transport and energy is a major contributor to the EU’s target of at
    least 20 % of the total EU budget to be dedicated to climate action-related spending.
    In the area of energy more than 50% of the CEF energy budget21
    was allocated to
    electricity transmission and smart grids therefore contributing to the energy
    transition.
     In the Telecom sector, the dual focus of CEF on digital cross border services of
    public interest and communication and computing infrastructure has shown that the
    programme has an important impact on achieving the EU digital single market goals,
    enabling citizens and businesses to access high quality digital services across
    Europe. It has helped develop and implement common policies to address societal
    challenges including the digital transformation of healthcare, cybersecurity and
    digitisation of governments. However, due to the limited resources CEF Telecom
    could only support the very first steps towards a full cross border digital
    infrastructure in areas of public interest. Given the limited envelope allocated for
    broadband under CEF vis-à-vis the size of the investment gap, it was necessary to
    implement it in an innovative way and to aim at maximising leverage in order to
    ensure effectiveness. However, due to the complex set up of the dedicated financial
    instruments, the investments on the ground will only materialise at a late stage in the
    implementation of the programme.
     CEF has also tested cross-sectoral synergies, but has been limited by constraints in
    the current legal/budgetary framework. The sectoral policy guidelines and the CEF
    instrument would need to be made more flexible to facilitate synergies and be more
    responsive to new technological developments and priorities such as digitalisation,
    while accelerating decarbonisation and addressing common societal challenges such
    as cybersecurity.
     The completion of the TENs defined in the EU policy priorities will still require
    massive investments, part of which will depend on continued EU support. The size of
    CEF currently makes it possible to address only some of the identified market
    19
    In particular projects initially in the pipeline for CEF Debt Instrument got ultimately financed under EFSI guarantee
    20
    Commission Implementing Decision C(2017) 164 ‘EU grants from the Connecting Europe Facility – Transport
    Sector (General envelope) combined with financing from the European Fund for Strategic Investments, or the
    European Investment Bank, or National Promotional Banks, or private sector investors’
    21
    EUR 1.25bn out of the EUR 2.46bn awarded in grants in the CEF energy calls between 2014 and 2017
    10
    failures in all three sectors. Therefore, potential exists for unlocking further public
    and private investment if additional EU budget was made available to address
    market failures."
    In addition, concerning the delivery, some additional points of improvement were
    identified regarding the reduction of administrative requirements for small grants, and a
    certain lack of flexibility over time as regards the priorities and scope of intervention, for
    instance to accommodate new policy priorities or to reflect technological evolutions.
    Furthermore, various lessons learnt, which - due to the timing of the operational launch
    of the instruments - could not be incorporated in the Mid-Term Evaluation. They have
    nevertheless been reflected in the proposals for the new CEF Digital, in particular in the
    change of scope and in the implementation mechanisms. The lack of adequate funding, as
    well as the limitation to financial instruments at the onset of the implementation of the
    current CEF, where clear impediments to CEF having a strong impact in the area of
    broadband. Most importantly, the experience of setting up the financial instrument in the
    field of broadband, as well as the monitoring of the broadband investments supported by
    other EU programmes, clearly underlined that there are gaps and missing links in the
    types of projects supported, which constitute barriers to the completion of the Digital
    Single Market. These gaps and missing links, as well as the proposed refocus, are further
    described in section 2.1 below. Finally, new strategic objectives in the digital area have
    been defined in the Gigabit Society Strategy Communication, which have to be reflected
    in the new scope of CEF Digital, now focusing only on infrastructure.
    1.3 Results from the consultation activities
    OPC for the CEF Mid Term Evaluation and OPC on strategic infrastructure in the next MFF
    Overall, stakeholders reiterated their support for the CEF programme and highlighted the
    key role it plays in contributing to the EU’s objectives in areas such as the completion of
    the TENs, promoting economic growth and jobs across the EU. The transition to a low
    carbon system was named as the most important challenge for the future CEF in both the
    energy and transport areas by respectively 94 and 98 % of respondents. Stakeholders
    encouraged additional flexibilities in the new programme to encourage further synergies
    across the three sectors.
    Respondents in the transport sector stressed the importance of CEF in facilitating cross-
    border projects as well as removing bottlenecks and missing links. Stakeholders called
    for an increased budget in order to accelerate the decarbonisation and digitalisation of the
    transport sector while increasing connectivity across the EU.
    The energy-related responses to a very large extent reaffirmed the important contribution
    of CEF towards the completion of the trans-European energy infrastructure network and
    by extension towards the fulfilment of the Energy Union targets.
    The digital respondents highlight the central role of broadband connectivity as a catalyst
    for the economic and social development across society and sectors. In order to increase
    competitiveness of the EU, they call for increased investments into connectivity and 5G,
    which would help improve economic performance, generate jobs in the EU and promote
    a qualitative leap in the transition to a Digital Society.
    11
    Stakeholders at the same time provided useful feedback on the areas that require further
    improvement or development and this is detailed in the consultation report in Annex 2.
    Specific consultations concerning renewable energy
    The extension of scope towards cross-border projects in the field of renewable energy is
    supported and justified by relevant findings of the REFIT-evaluation of the RES
    Directive of 201622
    . and the outcome of the specific expert stakeholder workshop on the
    extension to cross-border renewables cooperation which took place on 5th
    March 2018 in
    Brussels where stakeholders present (including 12 Member State governments)
    overwhelmingly felt that EU action (including financial support) was necessary in order
    to overcome the Member State's hesitance to engage in cross-border cooperation and/or
    overcoming associated barriers (for more details see annex 3)
    Specific consultations concerning synergies between sectors
    To reinforce synergies between the three sectors specific expert workshops were
    organised. A workshop on the Internet of Energy was held on 26 February 2018 and on
    30 January 2018 a workshop on Green-ICT.
    2 THE OBJECTIVES
    2.1 Challenges for the programmes of the next MFF
    Key features of the ongoing programme and the Baseline
    CEF is the main funding tool contributing to the objectives set by the Treaty23
    as regards
    the establishment of the TENs and which have been identified in the respective sectorial
    guidelines. ESIF, the EIB, including through EFSI, and the Member States alone, or in
    combination, make considerable contributions to the achievement of the objectives of the
    TENs; however, they tend to focus on national and regional areas as opposed to the
    European dimension. One additional challenge is that TENs are complex structures
    developed in a cross-border context with associated regulatory hurdles to be addressed.
    There are many EU actions that support the achievement of the TENs objectives. The
    unique features of CEF however, such as direct management (including of the CEF
    Cohesion envelope for transport); the "use it or lose it" principle; clear prioritisation and
    deadlines; focus on cross-border and low-carbon infrastructures; flexibility to re-orientate
    unused funds; capacity to develop synergies; capacity to blend with private finance;
    targeted technical assistance and the full involvement of the Member States through the
    respective Committees allow CEF to address these particularly complex challenges. CEF
    is the only instrument of this scale at the EU level designed to specifically tackle the
    market failures due to the cross-border nature.
    As highlighted in the Reflection Paper on the Future of EU Finances,24
    CEF is steering
    investments where the EU added-value is highest: on projects with a cross-border impact
    and European-wide interoperable systems and services. Given the persistence of market
    22
    SWD(2016) 416 final
    23
    Article 170 TFEU
    24
    COM(2017) 358 of 28 June 2017
    12
    failures for these types of projects as well as the significant investment needs that remain,
    the continuity of the instrument is very relevant and indispensable after 2020 for the
    achievement of the TENs. In addition, thanks to its efficient modus operandi and its
    capacity to attract private finance, CEF is also a major contributor to the Investment Plan
    for Europe and EU policy objectives of the Juncker Commission.
    An unchanged policy (the Baseline25
    ), would see the continuation of the current CEF
    approach in the next financial perspective, carrying on in the post-2020 period with the
    same scope, delivery methods and budget (EUR 30.4 billion26
    ). Investments in the TEN-
    T core transport network, the integration of the internal energy market, security of energy
    supply, the transition to low-carbon and climate resilient economy and the digital single
    market as currently possible would continue. However, without further refinement of
    CEF, the main challenges identified in this impact assessment could not be addressed.
    For example, the possibility to address the increased investment challenge of the
    existing27
    and new emerging priorities, innovative projects and exploiting synergies and
    sector coupling would be very limited, while overlaps with other EU funds/programmes
    would persist.
    The baseline scenario for CEF Digital would amount to quantitative and qualitative
    shortcomings, both risking to jeopardise the completion of the Digital Single Market. In
    terms of budget vis-à-vis the estimated investment gap, assuming that the same level of
    public funding is dedicated to broadband investment through all the EU programs,
    including CEF, ESIF, and InvestEU, and taking into account private investment
    predictions, it is estimated that between 50 and 70 million households across the EU
    would remain unconnected to high-capacity networks. More importantly, in the absence
    of a change of scope of CEF Digital, digital projects of strategic importance for EU's
    competitiveness would risk remaining unrealised, translating into significant untapped
    potential in the Digital Single Market. Finally, in terms of the overall structure of the
    CEF programme, failure to bring CEF digital budget to a more comparable level than that
    of the two other sectors would mean failure to reflect the importance of digitalising the
    European economy and, in particular, the other two sectors of CEF.
    With respect to the qualitative shortcomings of CEF Telecom, and to the proposed
    change of scope of CEF Digital, a review of the support for broadband by instruments in
    the current programming period revealed that several types of digital projects of strategic
    importance are underfunded or overlooked. Seamless connectivity networks, including
    cross-border links and international connectivity networks have clearly been absent under
    the existing EU schemes, including ESIF investments, since it was decided that
    INTERREG 2014-2020 would not invest in digital networks and most other Operational
    Programmes are based on (Member States') national core-to-periphery models. The
    deployment of 5G corridors, by definition cross-border, would be clearly hampered if
    25
    This Impact Assessment uses as basis Baseline EU28 including the UK, because due to the nature of the CEF Calls
    procedure there is no possibility to single out particular MS or attribute the average annual envelope between the
    individual MS.
    26
    CEF support is attributed through competitive calls. It is therefore not possible to single out an envelope for the UK
    and to define an EU 27 baseline. To date, grants awarded to beneficiaries established in the UK amount to EUR
    430.8 million. Moreover, specifically for CEF-energy, the track record shows that UK related projects tend to be
    commercially viable and therefore do not require subsidies for construction. They benefit from grants for preparatory
    studies which are normally much less budget intensive than construction subsidies
    27
    E.g. there will be a step-change in the need for the reinforcement of the electricity transmission grid to be able to
    support the decarbonisation processes
    13
    broadband support would continue under the same conditions as the current ones.
    Moreover, various areas throughout the EU would remain uncovered, unless grant
    support is extended. The experience of setting up the financial instrument dedicated to
    broadband confirmed the importance of financial instruments in generating leverage for
    broadband investments and dealing with problems of access to finance; however, it also
    underlines the difficulty of steering private investments into market failure areas, due to a
    mismatch between risks and expected returns. While in such cases, a low intensity grant,
    possibly blended with a financial instrument, is sufficient to render a deployment
    commercially viable, it is necessary to be able to provide such grant in order to ensure
    that the project is implemented and that it generates a comprehensive coverage of the
    area in question. In other words, a grant component is needed to ensure a stronger policy
    steer of the intervention.
    The main challenges and problems to be addressed by the future programme
    The findings of the open public consultation on the future CEF programme and the CEF
    mid-term evaluation show that there is scope to build on the momentum created with the
    positive implementation of CEF in the period 2014-20. Further aligning CEF with the
    current political priorities of the Commission, in particular digitalisation and
    decarbonisation, can actually contribute to a strengthening of CEF delivery as more areas
    for synergy may emerge. The incorporation of support for cross-border renewables
    planning and deployment can be complementary to the development of the meshed grid
    (=integrated development of electricity transmission and offshore sources infrastructure
    (in the North Seas and the Baltic Sea) which is a complex endeavour. As with all
    programmes of the MFF, the challenge to increase flexibility, coherence and synergies,
    simplification and focus on performance needs to be addressed. In considering how CEF
    could be improved, the following main challenges have been identified:
    First challenge: completion of Trans-European Networks in transport, energy and digital
    area
    Europe's sustainable growth and competitiveness depend on efficient connectivity both
    within and to the rest of the world. CEF is a key EU funding tool contributing to the
    achievement of the objectives set by the Treaty as regards the establishment and
    development of the Trans-European Networks. Other EU instruments complement this,
    as the investment needs go far beyond interconnectors with the transition to a
    decarbonised system having in particular a very strong decentralised dimension (see also
    second challenge28
    . Achieving well-interconnected, interoperable and efficiently
    managed transport, energy and digital infrastructures in Europe requires the ability to
    plan and invest in a coordinated long-term approach at EU level.
    In the post-2020 financial period, the continued development of high-performance
    infrastructure connecting and integrating the Union and all its regions, in the transport,
    energy and digital sectors will be crucial for strengthening the social, economic and
    territorial cohesion of the Union and contributing to the creation of a single European
    transport area, an EU Energy Union, and the Digital Single Market (DSM).
    28
    For example, only the investment needs for renewables over 2021-2030 to meet the at least 27 % target for 2030 in
    Europe were estimated to be 240,000-400,000 million Euros and hence already higher than the TEN-E investment
    needs indicated above. Estimates go even up to 600,000 million Euros in a study of 2017 for the ITRE Committee
    that provided estimates for investments that ensure alignment with 2050 decarbonisation.
    14
    As illustrated in the table below, recent studies have estimated significant investment
    needs required in order to fulfil the objectives of the TENs.
    Table 2: Estimated investment needs related to the Trans-European Networks -
    2021-2030 (EUR million)
    Investment needs
    TEN - Transport 550,00029
    - 1,500,000
    TEN - Energy 178,67030
    TEN - Digital 500,00031
    For transport, the figures cover cross-border sections, bottlenecks and missing links on
    the TEN-T core network, the large scale deployment of traffic management systems such
    as SESAR and ERTMS and major new priorities such as alternative fuels, digitalisation,
    and overall safety and security. Taking into account the TEN-T Comprehensive Network
    and urban transport investment needs, this figure would amount to EUR 1.5 trillion. Over
    the period 2021-2027, it is estimated that the total investments in the area covered by the
    new programme (core network, parts of the comprehensive networks and additional
    investments in decarbonisation and digitalisation of transport) would be close to EUR 1
    trillion, while the new instrument would only target approx. 10% of the total, in order to
    focus the intervention on where it brings clear EU added-value. In addition, important
    support would also be needed through ESIF in order to match the investment needs,
    notably as regards urban and territorial mobility32
    .
    For energy, the figures cover infrastructure projects with cross-border relevance in
    electricity, gas33
    and smart grids at transmission level. The detailed assessment of the
    investment needs in each of the TEN-E priority corridors and areas (factoring in the
    historical data on the average co-funding rate required within corridor) indicates that out
    of EUR 11 billion EU support needed for TEN-E (2021-2027), more than 85% would be
    required for electricity PCIs. It is expected that smart grid PCI projects alone will require
    EUR 2bn in EU support in the next decade. This indeed confirms that a step change in
    investments will be required in reinforcing the electricity grid (for higher absorption of
    renewable generation), in electricity storages and grid smartening and therefore it is
    expected that projects' technological innovation will become even more important driver
    29
    Based on a consultation of Member States carried out in June-July 2017 and relating to the Core Network and
    Horizontal Priorities only. EU support to the Comprehensive Network (notably in Cohesion Member States) and
    urban mobility is not included in the EUR 95 billion amount indicated in the table.
    30
    Based on the study "Investment needs in trans-European energy infrastructure up to 2030 and beyond", Ecofys, July
    2017.
    29
    Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society - COM(2016)587 and
    other studies. The figure includes both private and public investment needs to reach the targets set.
    32
    Specific attention will be given to the outermost regions connectivity needs and participation to the Trans-European
    Transport Network as indicated in the Commission Communication of 24 October 2017 "The outermost regions of
    the European Union: towards a new approach" (COM (2017) 623 final)
    33
    The recent Communication on strengthening Europe's energy networks (COM(2017) 718 of 23 November 2017)
    recognises that the gas grid has become more resilient and nearly all Member States comply with the N-1 criterion
    and already have access to two sources of gas. If the necessary commitment is ensured from Member States,
    promoters, regulators and stakeholders, the remaining bottlenecks can be largely addressed by 2022/25 and Europe
    should achieve a well interconnected and shock resilient gas grid.
    15
    behind the grant decisions34
    . It should be noted that the investment needs in the overall
    energy sector associated with the transition to a low carbon system are much higher than
    those reflected under the scope of TEN-energy which focuses on transmission
    infrastructure with cross-border relevance. Significant investments will be required at
    decentralised and local level (including for smart grids), in energy efficiency, renewables
    etc.
    For the digital sector, the figure illustrates investment needs to reach EU's connectivity
    targets, i.e. gigabit connectivity for all main socio-economic drivers, high performance
    5G connectivity –in particular uninterrupted 5G coverage of all major terrestrial paths –
    and access to at least 100Mbps for all European households. The combined investment
    needed to meet the Gigabit Society connectivity objectives by 2025 has been estimated at
    EUR 500 billion, for which an additional EUR 155 billion is required over and above a
    simple continuation of the trend of current network investment and modernisation efforts.
    An improved regulatory environment, as well as an increased exploitation of synergies,
    are expected to reduce this investment gap. It should be noted indeed that important
    synergies can be achieved between the deployment of 5G and of other (mostly fixed)
    connectivity networks. A dense 5G network reaching all urban areas and major transport
    paths – based on backhaul fibre to the 5G cells - will also benefit the deployment of
    wider networks for connectivity of both households and socio-economic drivers located
    in less densely populated area, e.g. by bringing the fibre network closer to homes as
    domestic and enterprises’ needs and demand evolve. Nevertheless, a significant
    infrastructure investment gap to reach the EU's objectives is expected to persist after
    2020, spread throughout the entire territory of the EU. Given the size of the challenge,
    EU support must be complementary, targeted and efficient, making the most of limited
    public resources.
    It is important to note that with regard to digital infrastructure, all projects supported
    have cross-border characteristics and cross-border effects. Notably, the current legal base
    for CEF Telecom does not distinguish between cross-border projects and projects
    implemented entirely within one Member State. Due to the architecture and way of
    functioning of Internet connectivity, any local deployment is part of a trans-European
    digital network and has cross-border impact. Moreover, by addressing local connectivity
    problems at the EU level, in a coordinated and timely manner, the scale and network
    effects are maximised. Nevertheless, in view of the limited resources available and in
    order to maintain the key features of the CEF programme, it is important to prioritise
    digital investments on the projects that are considered to have most impact on the Digital
    Single Market and the highest EU benefit. “Local is global": the current experience of the
    Wifi4EU, of an otherwise purely local character as regards physical location, should
    demonstrate, thanks to its foreseen roaming functionality, the mechanism to build a
    network effect at EU level, underpinning the digital economy. Similar initiatives can be
    replicated for socio-economic drivers, which are local but underpin e-health, e-
    government, and enhanced digital skills. By their location and function, they should be at
    the forefront of digital connectivity, driving the digitalisation of public services and
    producing important socio-economic spillovers. Acting at EU level, due to scale and
    timing produces an effect which could not be achieved at national or regional level and,
    34
    Only PCIs providing significant externalities such us innovation, security of supply or solidarity are eligible for
    grants for works under CEF-energy. To date the innovativeness was the key driver behind grants amounting to at
    least 25% of the overall granted amount.
    16
    moreover, avoids increasing territorial, social and economic discrepancies associated
    with digital divides.
    The revised scope CEF Digital programme is then aimed at ensuring a more effective
    intervention in the sense of a stronger alignment with EU's strategic connectivity
    objectives, including by selecting priority areas of intervention that are currently not
    covered by public funding programs or that are best suited to be covered under CEF.
    CEF has indeed a proven track record concerning the timely delivery of cross-border
    deployments or of projects with strong cross-border effects, as well as the support to
    projects that can be delivered with only small grant components, which also maximise
    private participation to projects. This prioritisation, along with further eligibility criteria
    making sure that the risk of market distortion is minimised, further described in Annex 4,
    are reflected in the new CEF Regulation. Finally, it is of utmost importance that the
    reinforced intervention in the area of digital connectivity is reflected also in the allocated
    budget, in order to enable its effectiveness.
    Compared to the overall investment needs, CEF will focus on a limited part relating to
    public goods of European dimension that would not be realised at national, regional or
    local level without EU support. More specifically, the programme will steer public and
    private finance towards EU policy objectives, enabling action where the costs are borne
    at national/local level and the benefits are tangible at European scale, and will accelerate
    the shift to a low-carbon and digital economy, while contributing to economic, social and
    territorial cohesion.
    Without this targeted support, the possibility to achieve the EU policy objectives to
    complete Trans-European Networks in transport35
    , energy and digital area would be
    limited. Significant delays would occur and the completion of strategic projects would be
    at risk. Projects already started would slow down or stall, leading to a partial loss of
    benefits from previous investment and EU support.
    This would notably be the case for the deployment of smart systems such as SESAR and
    ERTMS and for major transport projects as illustrated in the recent Communication "A
    new, modern Multiannual Financial Framework for a European Union that delivers
    efficiently on its priorities post-2020"36
    :
    "Other examples of the negative effects of delays in agreeing a new financial framework
    include Rail Baltica. The project will build a crucial railway link into the Baltic States
    and should be completed by 2025/2027. The project must be able to launch the major
    procurements it needs for construction in 2021. This is crucial for the completion of a
    project that will help connect five million people in the Baltic States to the rest of
    Europe. The high-speed rail link will cater at the same time for freight flows all the way
    from Finland to Germany, the Benelux and the Adriatic.
    The Brenner base tunnel is planned to be completed by 2027, with the rail engineering
    works due to start under the next MFF. It is a crucial project to shift half of the 2.2
    million trucks of the Brenner motorway to rail. This will cut down on pollution in the
    precious valleys between Munich-Innsbruck and Verona.
    35
    The achievement of the TEN-T core network and its corridors is expected to generate additional EUR 4,500bn or
    1.8% of GDP and 13 million additional job-years by 20302 (Delivering TEN-T, Facts & Figures,
    https://ec.europa.eu/transport/sites/transport/files/delivering_ten_t.pdf, September 2017)
    36
    COM(2018)98, 14.2.2018
    17
    The Fehmarn Belt between Denmark and Germany, the Evora-Merida railway link
    that will finally connect Lisbon and Madrid, the Lyon-Torino base tunnel that will
    connect the high-speed railway networks of France and Italy are also all due to be
    completed by the end of the next Multiannual Financial Framework. "
    A lack of EU support would also put at risk major energy cross-border interconnections,
    including those necessary to reach the electricity interconnection targets, deployment of
    electricity interconnectors which are crucial for integrating markets, enabling more
    renewables in the system and benefiting from their different demand and renewable
    supply portfolio, off-shore wind networks and smart grids, de-synchronisation of the
    Baltic electricity grid, integrating all countries into a liquid and competitive energy
    markets.
    The connectivity targets as set in the Gigabit society, which are a pre-condition for a
    functional Digital Single Market, would also not be reached without further targeted
    support. In particular those projects with the strongest cross-border characteristics and
    with the highest expected impact on the Digital Single Market, such as the deployment of
    5G corridors and the digitalisation of energy and transport networks, would be impacted.
    The viability of the anticipated next generation digital services, such as Internet of
    Things services and applications that are expected to bring significant benefits across
    various sectors and for society as a whole, will require uninterrupted cross-border
    coverage with 5G networks, in particular in view of allowing users and objects to remain
    connected while on the move. However, the cost sharing scenarios for 5G deployment
    across these sectors remain unclear, and the perceived risks of commercial deployment in
    some key areas are very high. Road corridors and train connections are expected to be
    key areas for the first phase of new applications in the field of connected mobility and
    therefore constitute vital cross-border projects for funding under this Programme. The
    aim in to deliver "5G corridors", meaning full coverage with 5G systems of transport
    path, road or railway, particular 5G systems, enabling the uninterrupted provision of
    synergy digital services such as connected and automated mobility or similar smart
    mobility services for railways. At a more general level, the absence of a realignment of
    interventions for all programmes supporting broadband deployment, including ESIF and
    InvestEU, would lead to a situation where many areas throughout the EU would remain
    unconnected, with untapped potential for the digital economy but also for smart public
    services.
    Overall, a reduced CEF budget would require policy choices between the completion of
    the TEN networks, the possibility to better address their evolution in relation with the
    energy and digital transition, and to build –up significant synergies on emerging topics as
    illustrated in the following second and third challenges.
    Second challenge: the energy transition and technological developments in the transport,
    energy and digital sectors
    While CEF makes a strong contribution to climate change actions and decarbonisation of
    infrastructures37
    , this is insufficient in view of a growing need to invest directly into
    37
    90% of CEF funding dedicated to transport supported green modes of transport, while approximately 48% of the
    CEF electricity budget allocated so far has contributed to projects contributing directly to reduction of CO2
    emissions (electricity projects; gas projects not taken into account)
    18
    rolling out of innovative technologies, notably in mobile equipment, for the
    decarbonisation of the land and maritime transport in line with Europe’s transition to
    low-emission38
    and climate resilient mobility and EU commitments entered in the scope
    of the Paris Agreement.39
    This requires the roll-out of infrastructure for alternative fuels,
    as well as enhancing climate resilience during planning, design, construction and
    operation of infrastructures. The challenge of transitioning to a low carbon and climate
    resilient economy was the highest ranked issue in the public consultation for both the
    transport and the energy part (with 98% and 94 % of respondents respectively).
    The Alternative Fuels Infrastructure Directive40
    addresses the provision of common
    standards on the internal market, the appropriate availability of infrastructure and
    consumer information on the compatibility of fuels and vehicles. Based on this Directive,
    Member States were requested to design policy frameworks for rolling-out publicly
    available electric recharging points and natural gas filling stations, and optionally
    hydrogen filling stations. In order to achieve mass acceptance and deployment of electric
    vehicles, charging and maintenance infrastructure needs to become widely available
    throughout Europe. While in the current CEF framework, a target of 5% of the CEF
    Transport budget is dedicated to innovation in low carbon transport, and proved
    successful in starting to deploy such infrastructures this will have to be scaled up
    substantially in order to meet future needs. For instance, the Commission's proposal for
    post-2020 CO2 targets for cars and vans 41
    implies that a substantial share of the vehicle
    fleet in 2030 will be electric (plugin hybrid or full electric). Similarly, in light of
    technological advancements, digitalisation and innovation requires intensifying support.
    In the energy sector, the recent Communication42
    on strengthening Europe's energy
    network recognises that electricity, where renewables will constitute half of the
    electricity generation by 2030, will increasingly be driving the decarbonisation of sectors
    so far dominated by fossil fuels, such as transport, industry and heating and cooling.
    Therefore the focus will need to be on the reinforcement of the electricity transmission
    and distribution grids, digitalisation and smartening of the grids and deployment of new
    infrastructure solutions, particularly in the electricity storage area, and the impact of
    self-consumption." It is important to recognise that innovation is already one of the three
    main drivers (externalities) which can justify CEF energy grants for works (within the
    framework of the TEN-E guidelines). To date the energy envelope of CEF enabled
    several important highly innovative projects such as SincroGrid, Biscay Bay HVDC
    connection, gas deodorisation technology (these three totalling to EUR 0.629 billion, i.e.
    more than 25% of the overall budget allocated to date). It is, however, clear that in view
    of the investment challenge and the transformational (hence increasingly innovative,
    first-of-the-kind43
    ) character of the planned projects there is insufficient funding in the
    market alone. Public budget support will be indispensable to facilitate and de-risk the
    38
    Communication from the Commission "A European Strategy for Low-Emission Mobility" COM(2016)501
    39
    In the case of transport for example, this is reflected in the 2011 White Paper. In addition, commitments of the
    United Nations Climate Change Conference (COP 21) calls upon the achievement of 60% greenhouse emission
    reduction target in the area of transport
    40
    Directive 2014/94/EU.
    41
    https://ec.europa.eu/clima/policies/transport/vehicles/proposal_en
    42
    Communication from the Commission COM(2017) 718 of 23 November 2017
    http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1511977964680&uri=CELEX:52017DC0718
    43
    E.g. transformer station solutions required off-shore, which have unprecedented design
    19
    take-up of such innovation in the networks sector44
    and to enable system operators to
    invest substantially higher volumes than they (both through their balance sheets and their
    regulated asset bases) are used to, including on sector integration beyond energy. As
    innovation will be necessary along the full value chain, the complementing enabling
    instrument for cross-border projects in the field of renewable energy will promote
    innovation aspects beyond the transmission network.
    The extension to cover cross-border projects in the field of renewable energy happens
    against a new political context of more Europeanisation of efforts in this area and the
    increasing focus on renewables within existing intergovernmental groupings on energy
    matters. In addition to benefits stemming from a more coordinated approach45
    , there are
    potential cost savings to be reaped from coordinated grid and RES deployment, reduced
    overall investment and back up needs as documented in various studies46
    . The EU is
    entering a new scale in terms of RES electricity deployment (almost 50 % of EU
    electricity in 2030 will be from RES) and complementing regional transmission network
    planning with a more regional approach to planning of renewables can further help
    optimising the energy systems. While renewable electricity costs (particular for wind and
    photovoltaics) have significantly decreased in the last years and these technologies start
    becoming competitive, there is a need of tapping the potential of cross-border projects to
    further decrease production costs (= total generation and grid development costs) and
    incentivise sector coupling (where the electricity producing sector is developed in an
    integrated manner with the energy end use sectors such as transport).
    In the digital sector, the demand for network data will increase exponentially with the
    advance of the Internet of Things, bringing at the same time major benefits across sectors
    and across borders. For example, the benefits of the deployment of 5G networks have
    been estimated at EUR 113 billion per year across for industrial sectors (automotive,
    health, transport and energy), while the cost sharing scenarios across these sectors remain
    unclear and the perceived risks of commercial deployments, very high. Other examples
    of exponential need for data concern the smart home market, which is expected to grow
    at a compound annual rate of 57% in the next five years, or the healthcare sector, where
    major savings can be realised - but only to the extent that high capacity connectivity
    covers not only major hospitals, but also smaller medical centres and homes of patients
    living with chronical conditions. Beyond this, measures need to be employed to control
    both the amount and the type of energy required to fuel that demand. In particular, it will
    be necessary to support appropriate solutions for the growing number of data centres
    migrating from single enterprise/institution to co-location and cloud data centres, which
    will operate through a steadily increasing number of sites across different countries. In
    addition, future trends, including the advance of the Internet of Things (IoT) may support
    the development of small and distributed data centres with many of the features of Cloud
    data centres.
    44
    Considering the cross-border/EU relevance of PCIs in these sectors, EU level instrument, i.e. CEF, is best placed to
    provide such support
    45
    SWD (2016)0418 final.
    46
    See Annex 3 for more details
    20
    Third challenge: Better coordination with other EU programmes and better exploitation
    of synergies within CEF
    Transport, energy and telecommunications infrastructure is supported to various degrees
    by a number of EU financial programmes and instruments, including CEF, ESIF,
    Horizon 2020 and EFSI. CEF is for the most part complementary with these other EU
    financial interventions; however, this complementarity bears the risk of overlap with
    implications to TENs policy and overall EU budget. Consequently, for the new CEF
    programme, the distinction from other EU financing programmes is a key requirement in
    order to maintain and promote clear objectives of the programme, avoid overlaps and
    optimise budgetary resources.
    Complementarity with ESIF
    The European structural and investment funds comprise the European regional
    development fund (ERDF), the European social fund (ESF), the Cohesion fund, the
    European agricultural fund for rural development (EAFRD) and the European maritime
    and fisheries fund (EMFF). The current ESIF mainly focus on five areas: research and
    innovation, digital technologies, supporting the low-carbon economy, sustainable
    management of natural resources and small businesses. Both the Cohesion fund and the
    ERDF fund actions in the transport, energy and digital sectors with the ERDF aiming to
    promote balanced development in the different regions of the EU and the Cohesion Fund
    funding transport and environment projects in countries where the gross national income
    (GNI) per inhabitant is less than 90% of the EU average. All of these funds are managed
    by the EU countries themselves, by means of partnership agreements.
    Building on the first experience of directly managing a EUR 11.3 billion CEF envelope
    from the Cohesion fund for transport, the challenge is to better delineate the scope of
    both instruments in order to render them more complementary. Investments on the TEN-
    T Network are currently supported by CEF, the Cohesion Fund and ERDF.
    The overlap between these instruments in the field of transport is limited by the narrower
    eligibility perimeter of CEF, in particular by its focus on railways and inland waterways
    while ESIF also covers important investments in the road sector. In addition, CEF
    resources are concentrated on the core network, while ESIF covers both the core and the
    comprehensive networks amongst other transport infrastructure.
    Complementarity is pursued through:
     the national programming of regional instrument at the beginning of the period;
     the transfer to CEF of a EUR 11 billion share of the Cohesion Fund (entirely
    allocated, positive feedback from stakeholders and concerned Member States);
     the participation of DG REGIO in the CEF selection panels and in project specific
    task forces.
    However, as evidenced in the CEF mid-term evaluation, there is significant overlap
    between CEF and ESIF for railway projects on the core network. In the period 2014-
    2020, CEF financing for railway projects on the core network is expected to reach
    approx. 16 billion, while Cohesion Fund and ERDF financing to railway projects on the
    core network are respectively expected to reach EUR 5.3 billion and EUR 2.5 billion. In
    certain cases, different sections of the same railway line are financed by different
    instruments as a result of optimising strategies of Member States and promoters.
    21
    In addition to the lack of clarity concerning the scope and results of each programme, this
    situation means that project promoters have to adapt to different administrative
    frameworks, rules and reporting schemes with all additional costs associated.
    For example, CEF and ESIF large infrastructure projects have different rules as regards
    the maturity of projects and application requirements. As regards maturity, major projects
    under ESIF need as a minimum to have a binding environmental permit to be eligible for
    support, whereas this is not a requirement for the CEF projects, as maturity is assessed by
    the Commission during the evaluation process. Furthermore, the application requirements
    slightly differ, for example, ESIF major projects have to take additionally into account
    climate change adaptation and mitigation needs. The results of the public consultation
    show that the stakeholders expect fewer rules and more aligned rules. Hence, the above
    differences should be reduced where possible and only be maintained where justified by
    the different management mode.
    In the case of energy transmission, the areas of intervention for CEF and ESIF have been
    designed with a view to avoiding overlaps. CEF which stems from the Trans-European
    Network article of the Treaty concentrates on cross-border relevant transmission assets
    and energy storages, CO2 transportation as well as transmission grid smartening and
    pioneering smart grids in interface between transmission and distribution networks47
    .
    ESIF, in turn, covers gas and electricity transmission which is not identified as PCI (i.e.
    of national and regional relevance only48
    ), investments in distribution networks and in
    particular in increasing theses networks’ intelligence. The objective is to continue with
    this clear delineation of responsibilities between CEF and ESIF also recognising that the
    latter would increasingly focus on accompanying the CEF enabled investments in
    transmission assets, the backbone and integrating element for the transformation of
    energy systems, with the decarbonisation-enabling investments in regions and
    municipalities (such as local RES storages, reinforcement of distribution and distributed
    renewable generation). For the extension of scope towards cross-border cooperation in
    renewable energy, the demarcation line will be similar: ESIF will continue to fund RES
    at urban and regional level, including through bordering regions assistance via
    INTERREG, whilst the new programme specifically supports two Member States getting
    together in planning and roll-out.
    There are currently very limited overlaps in the digital field due to a different scope of
    intervention and current limitations for broadband under the current CEF, i.e. the low
    budget and the exclusive use of financial instruments. For the upcoming period, it is
    foreseen that CEF and ESIF will provide complementary and coherent support to
    reaching EU's strategic connectivity objectives, while having different focuses, reflected
    in the eligibility criteria set out in the CEF Regulation. CEF will focus on projects with
    cross-border and cross-sector dimensions, which would benefit from a coordinated
    approach at EU level (such as CAD/5G corridors, submarine cables, the Internet of
    Energy, green-ICT, connectivity for health etc.); on covering socio-economic drivers
    across the EU with Gigabit connectivity as well as local communities with very high
    quality wireless connectivity for citizens and visitors; and on supporting broadband
    47
    The identification of Projects of Common Interest that are subsequently eligible for CEF is done under the strict
    criteria set out in TEN-E guidelines regulation (347/2013) which guarantees that the programme focused on projects
    with the highest EU added value.
    48
    Even though during the negotiations of the legal bases for ERDF for 2014-2020 the explicit ban on financing of
    TEN-E assets was abandoned, in practice only two countries programmed investments in TEN-E gas and electricity
    and only for very few specific projects
    22
    rollout in areas where a market failure is observed, but where a limited public
    intervention can ensure commercial viability. On the other hand, it is expected that ESIF
    will focus on connecting areas with more severe market failure, where high intensity
    grants and public promoters remain necessary.
    In terms of EU's connectivity targets as set out in the Gigabit Society Strategy, CEF will
    mostly support objectives regarding the main 5G corridors and the connectivity of socio-
    economic drivers and local communities, while both CEF and ESIF will contribute in a
    complementary manner - depending on the characteristics of each individual project to be
    funded in different areas - to reach the objective regarding ubiquitous coverage of
    households with high capacity broadband networks. CEF is indeed specifically
    appropriate for pan European/cross-border projects, but also for targeted and efficient
    interventions, pushing the footprint of private investments to cover as much geography as
    possible. CEF has indeed a proven record of use of financial instruments and blending,
    and this experience is useful in ensuring coverage of areas where only a low intensity
    grant can render a project viable. Ensuring that such resource-efficient interventions are
    done via CEF also allows ESIF to reach further territories with deeper market failures,
    such as peripheral or sparsely populated areas. At the same time, the eligibility criteria
    for CEF interventions will ensure that the supported projects do not lead to market
    distortion or crowding out private investments, inter alia by taking into account
    investments by private operators. Such delineation remains therefore, ensuring
    consistency with state aid principles. Further mechanisms to ensure complementarity will
    be put in place, at the level of national programming of ESIF and at the selection level.
    Complementarity with Horizon2020
    Horizon 2020 is the EU Research and Innovation programme for 2014 to 2020,
    implementing the Innovation Union, a Europe 2020 flagship initiative aimed at securing
    Europe's global competitiveness. The goal is to ensure Europe produces world-class
    science, removes barriers to innovation and makes it easier for the public and private
    sectors to work together in delivering innovation. The successor programme (Framework
    Programme 9) will be known as Horizon Europe.
    Systemic yet underexploited synergies exist in the area of research and innovation. For
    example, while the scope of Framework Programmes is focused on supporting research
    and innovation, including technology development and prototype demonstration, the
    CEF scales it up to the level of development of new business cases and results in a
    broader and faster market49
    deployment of innovative technologies, covering market
    risks, in the three sectors of transport, energy and telecommunications.
    Options in harnessing complementarity at the level of projects or financing solutions
    should take into account the market maturity, alignment of timeline and scope of the
    researched product and the readiness to deploy that product, in order to cover the full life
    49
    It is important to note that CEF support allows promoters of energy transmission projects opt for innovative solutions
    (to system problems) which might not be otherwise approved by the (conservative and cost conscious) national
    regulators. This makes CEF supported grids more suitable test-beds for the outcome of EU research than average
    transmission assets.
    23
    cycle. It is furthermore important to ensure a cross-dissemination of the know-how
    accumulated on the supported projects50
    and of the results of the overall programmes.
    Complementarity with Digital Europe Programme
    The new CEF programme will provide the physical infrastructure for digital services
    supported by the Digital Europe Programme that is, the infrastructure necessary to
    support the digital transformation of industry, economy, public administration and
    society at large. On the other hand, Digital Europe, in general, will provide the service
    ecosystem that will make the infrastructure rentable and used. For example, Digital
    Europe will ensure and build the Cybersecurity capacity required for the deployment and
    functioning of trusted and secure infrastructure, and it will deploy the Services of Public
    Interests that need a connected society to be used at their full potential. Clear synergies
    exist and will need to be exploited, by taking into account specific area’s needs and
    timeline alignment.
    Therefore, it is clear that, contrary to what has been done in the current MFF, the new
    CEF will not provide support to the deployment of digital services in areas of public
    interest, as this will be done within the scope of the new Digital Europe Programme. The
    envisaged extension of scope is to widen connectivity coverage to reach new
    stakeholders thus making (cross-border) digital services accessible to an enlarged users’
    community.
    Complementarity with EFSI/"InvestEU"
    The European Fund for Strategic Investments (EFSI) is an initiative launched jointly by
    the European Commission and the EIB Group – the European Investment Bank and
    European Investment Fund –to help overcome the current investment gap in the EU. In
    order to enhance complementarity with EFSI, the Commission took action to reorient51
    the CEF Debt Instrument to innovative EU pilot programmes, which has yielded some
    significant52
    room for complementarity, and further work is planned to re-orient the CEF
    Debt Instrument to support the deployment of alternative fuels and PCIs in third
    countries.
    It is expected that financial instruments will play an important role in delivering
    investments in the transport, energy and digital sectors and that for the next programming
    period they will be available under the InvestEU programme. Financial instruments are
    considered particularly relevant to support broadband deployment, complementary with
    the interventions via grants and blending. Concretely, it is proposed that InvestEU would
    provide: (i) guarantees for more mainstream broadband investments, with the aim to
    steer, de-risk, and accelerate investments in the newest technologies; while (ii) special
    purpose vehicles/thematic instruments, with the aim to overcome persistent issues of
    access to finance. Contrary to CEF, whose intervention is clearly steered towards market
    failure areas, InvestEU support is not expected to reach on its own commercially
    50
    There were several research projects under H2020 which resulted in improved processes and technologies actively
    used by electricity and gas transmission system operators (e.g.iTESLA)
    51
    Following an agreement by the Commission and the EIB in the scope of the CEF Steering Committee in September
    2015
    52
    The Green Shipping Guarantee Programme benefits from dual support of both the EFSI and the CEF Debt
    Instrument, with potential to mobilise up to EUR 3 billion of investment.
    24
    unattractive areas, being rather focused on maximising the commercially viable
    deployments.
    As these types of intervention are, however, likely to be covered by the “InvestEU”, this
    would then eliminate the issue of complementarity between different financial
    instruments in different programmes.
    Consequently, the complementarity between the CEF grants and the InvestEU will relate
    to:
     the intervention logic (CEF grants only where support through financial instruments
    is not sufficient/possible);
     the possibility to use CEF grants blended with InvestEU (or other private financing).
    Synergies within CEF
    The mid-term evaluation of CEF illustrated that the potential of CEF as a joint instrument
    for three sectors has not been fully exploited. Infrastructures such as EV charging
    stations, energy storage and smart grids often combine and operate at the intersection of
    transport, energy storage and digital infrastructures, but so far, CEF has not been able to
    sufficiently address this in an integrated way. The EU's commitments on decarbonisation
    will imply a growing role for sector coupling, i.e. infrastructure where power generation
    and storage and end-use sectors are interlinked.
    One CEF Synergy Call has been launched covering the sectors of transport and energy,
    yielding limited results.53
    The CEF Transport Call 2018 will focus on horizontal
    priorities under an overall "digitalisation" umbrella coordinated in close proximity with
    CEF Digital calls. For 2018, CEF-telecom plans to explore cross-sector activities with
    CEF-energy and CEF-transport under Cybersecurity applied to the area of cooperative,
    connected and automated mobility and well as to the Internet of Energy. However, at the
    time of publication of this Impact Assessment, results were still unknown. Meanwhile, a
    substantial number of indirect synergies have been identified indicating that they are
    happening by default, but go uncaptured:54
     Energy Union and its priorities identified in the recent Communication "Accelerating
    Clean Energy Innovation55
    : such as alternative fuels, low-carbon solutions and
    innovative systems (energy-transport-digital-climate-maritime);
     Alternative fuels charging infrastructure can involve transport infrastructure, power
    network, and digital investments aspects. Currently, restrictive selection criteria
    constitute barriers to invest in such technologies;
     Digital Single Market, such as data, infrastructures/processing capabilities, automated
    driving vehicles, e-mobility, ERTMS (transport-digital-energy);
     Regional, such as enhanced interconnectivity at urban nodes (transport-regional)
    53
    7 out of 9 innovative studies were recommended for funding for about EUR 24 million, falling short of the available
    EUR 40 million. As the first step it is encouraging since this call involved rather complex synergy between transport
    and energy, providing lessons for the future
    54
    36 CEF transport actions with a total value of EUR 220 million in funding awarded as enabling synergies with
    energy. Additional data show that 10 actions in CEF Energy for a total value of EUR 45 million are contributing to
    the enablement of synergies with transport.
    55
    COM(2016)763 final
    25
     Research and Innovation, as well as Energy Union, such as urban energy efficiency
    (transport-digital-energy-research);
    The challenge for this programme is how best to support projects including through the
    proposed scope extensions delivering benefits which are in line with policy objectives of
    more than one CEF sector.
    2.2 Objectives of the programmes for the next MFF
    General objective of the programme
    The overarching objective of the future CEF is to support the achievement of the EU policy
    objectives in the transport, energy and digital sector, as regards the trans-European
    networks, by enabling or accelerating investments into projects of common interest, and to
    support transnational cooperation on renewables planning and deployment in line with EU
    long-term climate and sustainable development goals. It will aim at maximising synergies
    among the sectors covered by the CEF and with the other EU programmes.
    The future CEF should thus contribute to the EU policy objectives detailed in the table
    below.
    Supporting the EU policy objectives beyond 2020
    ► Completion of the TEN-T Core Network by 203056
    , including the deployment of
    SESAR and ERTMS, and transition towards clean, competitive and connected
    mobility57
    , the low-carbon transition through innovative infrastructure including an
    EU backbone of charging infrastructure by 2025; progress towards the completion of
    the TEN-T comprehensive network by 2050.
    ► Completion of the TEN-E priority corridors and thematic areas58
    , in alignment with
    “Clean Energy for all Europeans59
    objectives, to ensure the functioning of the Union
    internal energy market, provide security of supply (inter alia through smartening and
    digitalisation of the infrastructure) and contribute to sustainable development and
    climate objectives by integrating renewable energy sources and enabling a cost-
    effective collective target achievement by 2030
    ► Achieving the digital connectivity infrastructure of a Gigabit society60
    , as a
    underlying condition for a functional digital single market61
    , as well as providing the
    necessary infrastructure to properly support the EU-wide digital transformation of
    economy and society.
    56
    Regulation No 1315/2013 on Union guidelines for the development of the trans-European transport network, Art 38
    57
    COM(2017)283 Communication from the Commission "Europe on the move - An agenda for a socially fair
    transition towards clean, competitive and connected mobility for all"
    58
    Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure
    59
    COM(2016) 860 final
    60
    i.e. Gigabit connectivity for all main socio-economic drivers , High performance 5G connectivity, access to Internet
    connectivity offering download speed of at least 100 Mbps, upgradable to Gigabit speeds for all European
    households, including rural ones, cf Connectivity for a Competitive Digital Single Market - Towards a European
    Gigabit Society - COM(2016)587
    61
    A Connected Digital Single Market for All: COM(2017) 228 final
    26
    Specific objectives of the programme
    CEF aims to ensure the development of high-performance infrastructure connecting and
    integrating the Union and all its regions, in the transport, energy and digital sectors while
    contributing to the energy transition and technological advancement in these sectors. In
    light of this and on the basis of the challenges previously defined, the general objective
    of CEF can be translated into specific objectives for each of the three sectors. These
    specific objectives will be addressed at the level of programme structure and priorities
    and/or delivery mechanism.
    Cross-cutting specific objectives
     The programme should also address the cross-cutting objectives of the MFF for
    all funding programmes in terms of simplification, flexibility, coherence and
    focus on performance. These objectives will be taken into account in section 4
    (delivery mechanism) and 5 (performance measurement).
     For synergies between the three sectors, the programme should be sufficiently
    flexible to support actions at the crossroad of several sectorial objectives and
    adapt the form and scope of synergies to technological development and market
    needs. The synergies should in particular result in a more efficient and cost
    effective implementation of specific projects. Initial synergy areas could include
    Cooperative, Connected and Automated Mobility (CCAM) along major European
    Transport paths, smart grids, the use of alternative fuels and a better support for
    sector coupling in sectors that are end users of energy (such as electrification of
    transport), as well as an optimised grid for renewables, Internet of Energy and
    Green-ICT. Actions in one sector which also contribute to policy goals of another
    sector should also be encouraged and supported62
    .
     As regards climate mainstreaming, CEF should, in line with the overall approach
    taken in the next MFF, ensure that it fulfils its potential to accelerate the low
    carbon and climate resilient transition, and that it does not invest in activities that
    are incompatible with the related EU policy.
    Sectorial specific objectives of the programme
     Trans European Networks - Transport
    In the transport sector, the specific objectives of the programme are twofold.
    First, the programme will aim at the development of projects of common interest
    relating to efficient and interconnected transport networks. This includes the
    completion of major cross-border projects and the removal of bottlenecks and
    missing links. Priority will be given to the core network corridors, with the
    possibility to also support sections of the comprehensive network where justified
    (cross-border projects). Second, the programme will aim at modernising or
    upgrading the transport infrastructure in order to allow for smart, sustainable and
    safe mobility. This includes the deployment of alternative fuel supply facilities, a
    62
    For example, a lock co-funded under CEF transport that contains a small turbine that improves its socio economic
    case, could also receive co-funding for the turbine element. This element of the action would be ineligible under the
    current CEF (see section on synergies page 31).
    27
    next phase in the deployment of the digital systems like ERTMS and SESAR,
    further initiatives relating to cooperative, connected and automated mobility, and
    actions aiming at improving safety (notably road safety) and security of the
    transport infrastructure, as well as its resilience to climate change.
     Trans European Networks - Energy
    Completion of the internal energy market through interconnections
    Sustainable development through network infrastructure enabling integrating
    renewable energy sources63
    including through facilitating cross-border planning
    and deployment of renewables.
    Security of supply inter alia through smartening and digitalisation of the grids
     Trans European Networks - Digital
    To contribute in an efficient and targeted way to reach the broadband connectivity
    targets set in the Gigabit Society Strategy[i.e. Gigabit connectivity for all main
    socio-economic drivers , High performance 5G connectivity, access to Internet
    connectivity offering download speed of at least 100 Mbps, upgradable to Gigabit
    speeds for all European households, including rural ones.].
    To contribute to the digitalisation of energy and mobility networks to enable
    cross-border services in these two areas.
    To contribute to the resilience and capacity of EU digital networks by addressing
    international connectivity.
    3 PROGRAMME STRUCTURE AND PRIORITIES
    The table below summarises the main changes in scope for the new CEF programme.
    Main changes concerning the scope of the programme
    In Out
    All sectors Financial instruments
    transferred to InvestEU
    Transport
    (TEN-T)
    Scope unchanged – but more
    weight given to decarbonisation
    and digitalisation
    Energy Scope unchanged for TEN-E
    Support to cross-border projects
    in the field of renewable energy
    Digital Digital Service Infrastructure
    (transferred to the Digital
    Europe programme)
    Grant support to strategic
    connectivity
    infrastructure/redefined projects
    of common interest
    It is estimated that these changes of scope will not affect more than 10-15% of the
    programme budgetary allocations.
    63
    And therefore contributing to decarbonisation of the energy systems and overall energy transition
    28
    3.1 The core priorities remain focused on the trans-European networks
    Necessity for EU action
    On the basis of Article 171 of the TFEU, the Union is empowered to define projects of
    common interest in TENs infrastructure while leaving the Member States to choose the
    methods of implementation. The same Article empowers the Union to support such
    projects of common interest.
    A legal basis for the extension to renewables is provided by Article 194 TFEU that
    explicitly lists the promotion of renewables as one of the objectives of EU energy
    policies. In addition, Article 3(4) of the recast Renewables Directive stipulates "the
    Commission shall support the high ambition of Member States through an enabling
    framework comprising the enhanced use of Union funds, in particular financial
    instruments".
    EU action is necessary for the following reasons:
     The scale of the problems being tackled specifically require EU action since they are
    by nature EU-dimensional, and can be more efficiently resolved at Union level,
    leading to overall greater benefits, accelerated implementation and reduction of costs
    if Member States act together.
     CEF was developed taking into consideration the impact of the decline in investment
    during the financial crisis and thereafter, when long-term bank lending was scarce.
    Although market conditions have evolved, the investment needs in TENs beyond
    2020 exceed the resources at the disposal of several Member States.
     Transport: public budgets are still under considerable fiscal consolidation, while the
    implementation of the CEF for TEN-T in 2014-2016 shows that financing support
    from Member States and private sector continues to be crucial but insufficient for
    projects with European dimension.
     Energy: while the majority of projects of common interest can be financed in
    principle by the market within the regulatory framework, EU support is indispensable
    for a number of projects because of their externalities (including innovation) and the
    investment volume exceeding capacity of the system to socialise the cost.
     Renewables projects are also expected to be increasingly financed by the market in
    the future. Potential support in this area would only compensate the cost for
    overcoming barriers associated with cooperation beyond borders amongst Member
    States and/or the barriers preventing sector integration.
     Digital: a future-proofed EU economy and society depends heavily on the
    deployment of data infrastructure capable of supporting the development of new
    technologies, services and applications. Insufficient funding as well as missing links
    in current programmes lead to persistent gaps in broadband connectivity
    infrastructure, which are a barrier to the achievement of the full potential of the EU´s
    digital economy. Digital innovations and services – including all Internet of Things
    services, all the applications and implications for the other economic sectors and
    public services - can only emerge and flourish if Europe becomes a truly connected
    continent. Public support, and in particular EU action is required to ensure seamless
    connectivity across the EU, which will in turn lead to massive benefits across various
    economic sectors, as well as to increased cohesion across the continent.
    29
    Added value of EU action
    CEF provides EU added value64
    through the development of connectivity in transport,
    energy and telecommunications, not only because of the type of public goods with a
    European dimension that it covers, but also because of its focus on projects that would
    not be realised without EU support.
    More specifically, the EU added value of CEF resides in its capacity to:
     steer public and private finance towards EU policy objectives;
     enable key investments where the costs are borne at national/local level whereas the
    benefits are tangible on a European scale;
     accelerate the shift to a low-emission and digital society.
    In comparison with the total investment needs, EU CEF support focuses on actions that
    carry the highest EU added value. It should drive the alignment of major new
    infrastructure investment in the EU to our long-term climate objectives, thereby reducing
    the risk of stranded assets.
    For transport, it covers cross-border sections and bottlenecks on the core networks, the
    large scale deployment of traffic management systems and major new priorities such as
    alternative fuels, digitalisation, and overall safety and security.
    For energy, it covers infrastructure projects with cross-border relevance in electricity
    transmission and storage, gas, CO2 transportation and smart grids at the interface
    between transmission and distribution networks (enabling integration of data flow
    between the various grid layers and reaching the energy consumers/prosumers) as well as
    increasing the intelligence of the transmission networks. It also covers targeted cross-
    border projects in the field of renewable energy deployment and planning involving
    (funding) of at least two Member States65
    , possibly with accompanying storage facilities
    and connections to the transmission grid.
    For the digital sector, it covers the deployment of digital connectivity projects expected
    to have a high impact on the Digital Single Market, inter alia through their alignment
    with the objectives of the Gigabit Society Strategy Communication, through strong cross-
    border effects, and through synergies across sectors and with the digital services enabled.
    Projects are furthermore prioritised taking into account the advantages of realising them
    at EU scale, noting that on the one hand, some projects would not be realised at all if left
    to Member States, while for other projects a series of granular, un-coordinated
    interventions would not achieve the same impact on the Digital Single Market.
    Critical mass of funding/projects
    In the case of transport, TEN-T core network corridors and horizontal priorities are listed
    in Annex I of the CEF Regulation. Each of the corridors is underpinned by a well-known
    project pipeline, with identifiable financial maturity and readiness for implementation,
    64
    Criteria for assessing the value-added of European Finance were set out in the Reflection Paper on the Future of EU
    Finances (COM(2017) 358 of 28 June 2017).
    65
    RES technology such as wind, CSP, sustainable biomass or even more innovative ones such as ocean technology
    30
    drawn together with the Member States and all relevant stakeholders in the scope of the
    Corridor Work Plans (cf. 2.1 above).
    New emerging priorities needed to improve the future programme in the area of transport
    decarbonisation, digitalisation and cross-sectorial synergies constitute another cluster of
    projects that require EU's intervention. A significant scale-up of support to the
    deployment of alternative fuels infrastructure, major initiatives in the field of
    cooperative, connected and automated mobility or cybersecurity is expected to
    necessitate very considerable resource.
    In the case of energy, the programme addresses very specific needs and objectives across
    various energy transmission sub-sectors in order to ensure that an increasingly integrated
    energy system of the EU functions well. It is clear, as evidenced with the investment
    needs analysis, that CEF must provide a comprehensive answer to specific problems
    across the entire system since an inability to address deficiencies in one area would
    immediately undermine the achievements/interventions in other parts of the
    interconnected grid66
    .
    In addition, a limited number of targeted cross border projects in the field of renewables
    can bring economies of scale, avoid duplication of infrastructures, increase deployment
    across Europe to better reflect the available potential, policy convergence, knowledge
    transfer, uptake and replication of innovative technologies in the European home market.
    It was precisely such EU added value that provided also the justification for granting
    support for selected offshore projects under the European Economic Recovery
    Programme. 67
    In the case of the digital sector, considering the size of the investment gap (cf. 2.1
    above), increasing the support to connectivity is indispensable for the success of all
    digital policies and for a competitive European economy. In case such additional funding
    will not be granted via CEF, significant potential for efficient support of network rollout
    and for socio-economic impacts would be lost. This relates to the focus of CEF on
    strategic connectivity projects, on cross-border and cross-sector projects, currently not
    supported adequately by any other EU programme. CEF also has a proven record of
    resource efficient support for deployments.
    3.2 The scope of intervention in the digital sector is redefined in complementarity
    with the new Digital Europe Programme and with the centralisation of all
    financial instruments under InvestEU
    The scope of the CEF programme for the digital sector has been changed with respect to
    the current financial framework and will not address the part called Digital Services
    Infrastructure, which will be included in the new Digital Europe Programme. A further
    change relates to the centralisation of all financial instruments under InvestEU, with the
    consequence that CEF support will be provided via grants and blending.
    This changed scope of intervention amounts to a re-focus of CEF Digital on CEF core
    business of supporting connectivity infrastructure, taking advantage of the benefits of
    66
    E.g. even most sophisticated off-shore grid may still require some reinforcements on-shore to deliver its benefits in
    full
    67
    Regulation (EC) No 663/2009
    31
    aligning with the new EU's strategic connectivity objectives defined in 2016 and thereby
    also leading to a re-definition of projects of common interest. The funding projects
    envisaged in the CEF programme for the digital sector will focus on covering the needs
    of the physical layer infrastructure of very high capacity broadband networks, from
    backbone to access networks, in view of ensuring coverage to specific communities/areas
    and socio-economic drivers, as well as coverage along major terrestrial transport paths.
    International and cross-border connectivity, as well as connectivity in support of cross-
    sector projects (in particular but not exclusively connectivity infrastructure requirements
    and operational digital platforms supporting the digitalisation of transport and energy
    sectors, such as for Cooperative, Connected and Automated Mobility, the Internet of
    Energy and Green ICT) will also be focused. Contrary to what is done in the current
    MFF, the new CEF will not provide support to the deployment of digital services in areas
    of public interest, as this will be done under the scope of the new Digital Europe
    Programme. The rationale behind the new projects of common interest is further
    described in Annex 4.
    CEF will therefore become a major tool to support the delivery of EU's strategic
    connectivity objectives. It will thus provide the first-class infrastructure necessary to
    support the digital transformation of industry, economy, public administration and
    society at large.
    3.3 The scope of intervention in the energy sector is extended to targeted cross-
    border cooperation in the field of renewable energy under specific
    circumstances
    Renewables deployment is currently mostly driven by Member States through national
    support schemes and planning with mainly national resources in mind. Support schemes
    that include cross-border elements, for instance when competitive bidding processes
    allowed the participation of producers from other Member States, had lower auctioning
    prices68
    . Over the past ten years, Member States have not engaged significantly in
    transnational co-operation on Renewables deployment - despite the obvious socio-
    economic benefits of a more regional approach69
    . This approach is promoted in several
    Articles of the 2009 RES Directive, a guidance document on cross-border cooperation
    from 2013, the revision of the renewables Directive and relevant wording in the current
    energy and environment state aid guidelines. In the few cases where cooperation took
    place in the past, projects either did not materialise, were (partly) too complex even with
    a grant from the EU budget (Krieger's Flak reduced from a 3 MS project to a 2 MS one)
    or took a substantial time to take off.
    68
    The results of the first cross-border tender for renewable electricity in Europe is an illustration of how a Member
    State can limit the costs of financing renewables through allowing foreign electricity generators to bid in the auction.
    The 50 MW photovoltaic tender organised by Germany and open to Danish generators achieved an awarded price
    (5,38 cents/kWh) that were more than 25% lower the last German tender for only-German individual installations
    (7,25 cents/kWh). The good response obtained by the tender, with bids totalling almost fivefold the amount procured
    and half of it represented by foreign installations shows also the willingness of generators to participate in a broader
    market.
    69
    Cf. modelling underpinning the Clean Energy Package; "Cooperation mechanisms to achieve renewables target,
    Jacobson/Pade/Schroeder/Kitzing, in Renewable Energy 63 (2014; "Promotion of electricity from renewable energy
    in Europe post 2020- the economic benefits of cooperation. Fuersch/Lindenberger, EWI working papers. 2013;.
    http://www3.imperial.ac.uk/newsandeventspggrp/imperialcollege/newssummary/news_17-7-2017-14-13-34.
    32
    The reasons for Member States' reluctance to engage in cross-border projects include:
    regulatory complexities and administrative burden; first mover risk; difficulty in
    quantifying the costs and benefits of cooperation; preference for reaping the benefits of
    renewables’ deployment nationally (jobs); political acceptance of using national
    taxpayers/consumers' money to fund projects abroad; uncertainty on cooperation design
    options and the difficulty in assessing the impacts on grid and integration costs.
    Regulatory issues play a role and the Clean Energy for all Europeans Package of
    November 2016 already foresees certain alignments and improvements on permit
    granting (for all renewable projects, not only cross-border projects), market principles for
    support schemes, rules on renewable market integration, rules on grid costs and grid
    connection. Further harmonisation in those areas would be disproportionate from a
    subsidiarity point of view and will in any event never be able to cover all national
    specificities, which also extend in into other areas of strict national competence such as
    spatial planning and taxation. Even more importantly, and confirmed both by research
    and statements from Member States and other stakeholders the by far biggest obstacle is
    indeed the lacking incentive for either Member States or project promoters to engage or
    invest in such cooperation 70
    While the integration of renewables to the grid and achievement of EU level target for
    renewables will be primarily achieved through the completion of electricity network
    infrastructure, reaching this target can become more costly than necessary when areas
    with good conditions are not exploited because a Member State lacks the financial means
    or energy needs to do so on its own. Also, the additional component on renewables cross-
    border cooperation can complement the priority projects on the offshore meshed grid. In
    the North Sea and in the Baltic Sea the current transmission projects are point-to-point
    interconnectors that do not yet integrate an offshore renewables source. Projects such as
    Krieger's Flak supported in 2009 by the EEPR and the world's first infrastructure projects
    linking an offshore renewables source to two national grids could thus far not be
    replicated.
    Similarly, a project might not happen when it requires coordination with other Member
    States to take place (e.g., investment in interconnections is needed to reap full benefits,
    even though this could bring benefits across several Member States). There are positive
    externalities from integrated projects when a production site is planned jointly
    (economies of scale) or connected cross-border allowing power to be transmitted to the
    country with higher demand and price hence improving the profitability of the site.
    Finally, with an EU-level binding target, renewables deployment and target achievement
    becomes a collective responsibility with the Commission's role becoming a facilitator.
    This calls for an adjustment also of available EU instruments to align them with this new
    reality.
    Current EU support for renewables does not aim to facilitate their joint deployment.
    Lessons can be drawn from the TEN-E Regulation and the CEF also for the future
    development of renewables, in particular when it comes to incentives to promote cross-
    border cooperation. A similar EU-wide coordination for renewables deployment in the
    EU is still at its initial phase, but developing it could facilitate sector integration e.g. with
    70
    Cf. finding in: Cooperation between EU Member States under the RES Directive, Ecofys 2014 based on interviews
    with representatives from 11 EU Member States and feedback from stakeholders received at the expert workshop on
    5th
    March 2018 in Brussels (see Annex for more details)
    33
    transport as well as the development of the meshed grids.. Finally, in outermost regions,
    solutions only based on interconnectors might not be the most effective ones so that CEF
    can become more relevant for those regions if a combination with renewables were
    possible.
    That is where the new enabling instrument for renewables under the CEF would come in.
    It would also underpin the provisions on partial opening of support schemes proposed by
    the Commission under the recast of the Renewables Directive.
    The present IA considers the following actions:
    - grants for studies and technical assistance to support Member States in:
     assessing the benefits and costs of cross border cooperation
     selecting the most adequate cooperation format
     implementing cooperation agreements
    - grants for studies (pre-feasibility and feasibility and development studies) for the
    implementation of projects
    - grants for works for a limited number of projects with high EU added value based
    on a preselected Projects of European Interest, when the EU intervention is
    justified by the need to overcome:
     the additional risks of complex multi country projects
     significant positive externalities such as increased grid stability or due to a
    particular innovative solution and/or
     MS' preference for investing only at home.
    The intervention would be geared towards overcoming the identified market/coordination
    failures/incentive structure and therefore cover the additional costs arising from cross-
    border and multi-purpose infrastructure planning and development, as well as providing
    an incentive for Member States to explore such cooperation instead of only planning and
    deploying renewable resources nationally. The EU funding, by helping limit the
    additional costs linked to cross-border complexities would incentivise Member States to
    develop regional planning and deployment.
    The total amount of support would be limited to 10% of the total energy window of the
    Connecting Europe Facility, whilst it would be ensured that unspent money could be
    transferred within the CEF energy window to TEN-E projects, and vice versa.
    4 DELIVERY MECHANISMS OF THE INTENDED FUNDING
    4.1 Changes in the programme delivery according to the Commission's global
    simplification measures
    In the framework of the Commission's global simplification measures under the post-
    2020 Multiannual Financial Framework (MFF), overall simplification efforts will impact
    the CEF programme delivery. The preparation of the next MFF was launched by the
    Commission with the publication of the White Paper on the Future of Europe in March
    2017. The next steps were the publication of the Reflection Paper on the Future of EU
    Finances in June 2017 and the circulation of the draft template basic act by DG BUDG in
    November/December 2017. The results of this political process provide the top-down
    34
    guidance for the next MFF and will affect the form of the post-2020 CEF programming
    period.
    The template for the basic act has provided for an overall simplification basis for the new
    CEF regulation. This is in line with all other funding programmes and will consequently
    affect the new CEF in particular in the simplification of cost options, co-funding rates,
    Member States involvement and the development of programme objectives and
    indicators. It will also provide for a further simplified legal framework of CEF through a
    streamlined basic act and the possibility to delegate provisions and conditions to work
    programmes, which will facilitate further synergies between the three sectors and enable
    CEF to adapt to future needs.
    4.2 Direct management of CEF and its benefits
    The targeted delivery of CEF under direct management by the parent DGs and their
    executive agency INEA has proved efficient for the implementation of the current CEF
    programme. For the delivery and implementation of CEF funding, direct management
    has shown several practical advantages.
     Direct management allows for a stronger policy steering as regards the priorities, the
    selection of projects and their implementation;
     Direct management allows for exerting an independent coordination at EU level.
    Such coordination is exerted by the Commission (CEF parent DGs and INEA
    interacting directly with the project promoters);
     For the three CEF sectors, direct management allows for a fast delivery of EU
    support. As an example, in transport, the EUR 11 billion Cohesion envelope under
    direct management through CEF was entirely allocated by mid-2017 and all
    corresponding grant agreements were signed before end 2017.
     Direct management has allowed for project management expertise at INEA to be
    built up allowing for the monitoring of projects and the handling of these matters in
    an efficient and consistent manner while ensuring close control as regards compliance
    with EU standards. Direct management also allows for coordinated and consistent
    technical validation procedures.
     The "use it or lose it" principle, a key feature of direct management, helps Member
    States to prioritise as well as to adhere to commitments. Nevertheless, the possibility
    to recycle the commitments in cases where projects are not performing as foreseen
    increases the efficiency of CEF.
    There are many benefits to using an Executive Agency for the implementation of CEF.
    Gains in efficiency have been introduced through the externalised management of the
    grant cycle via a unified system. In addition, annual Action Status Reports from
    beneficiaries allow for closer monitoring of grants. Furthermore, there is increased cost
    effectiveness given the ratio between human resources employed and the amounts
    granted.
    35
    The direct management of CEF will be supported especially by the "ex-ante assessment
    mechanism for large infrastructure projects"71
    . The mechanism is aimed at providing
    targeted support to ensure that the public procurement processes of CEF financed
    projects are implemented efficiently and effectively by the beneficiaries. It will thereby
    further facilitate the deployment of critical infrastructure.
    Based on this positive experience, which has also been supported by the CEF mid-term
    evaluation results, the aim for the period beyond 2020 is thus to continue the current
    direct management for the new CEF with identified simplification and efficiency
    adaptions.
    4.3 Proposed changes in the programme management by the parent DGs and the
    Agency
    While the general principles applied for the programme management of the current CEF
    programme have demonstrated their efficiency and should be maintained, this section
    identifies improvements in specific areas, mainly related to simplification, innovative
    forms of support, technical assistance to project preparation, sustainability/climate
    proofing of certain types of projects and synergies.
    Table: Challenges, objectives and delivery
    Challenges Objectives Delivery mechanism
    First challenge:
    completion of
    Trans-European
    Networks in
    transport, energy
    and digital area
    General objective
    to support the achievement of the EU
    policy objectives in the transport,
    energy and digital sector, as regards
    the trans-European networks, by
    enabling or accelerating investments
    into projects of common interest
    Specific objectives
    Transport: development of efficient
    and interconnected transport networks,
    including the completion of major
    cross-border projects and the removal
    of bottlenecks and missing links.
    Energy: completion of the internal
    energy market through
    interconnections
    Digital: deployment of very high
    capacity digital networks and 5G
    systems in line with the Gigabit
    For transport and energy,
    the current delivery
    mechanism proved
    efficient, it will be
    continued (grants managed
    by INEA).
    The same delivery
    mechanism will be used for
    connectivity projects in the
    digital sector.
    71
    Communication from the Commission to the European Parliament, the Council, the European Economic and Social
    Committee and the Committee of the Regions "Helping investment through a voluntary ex-ante assessment
    mechanism of the procurement aspects for large infrastructure projects", COM (2017) 573 of 3.10.2017.
    36
    Society Strategy Communication,
    increased resilience and capacity of
    digital networks.
    Second
    challenge: the
    energy transition
    and
    technological
    developments in
    the transport,
    energy and
    digital sectors
    General objective
    to support the achievement of the EU
    policy objectives in the transport,
    energy and digital sector, as regards
    the trans-European networks, by
    enabling or accelerating investments
    into projects of common interest
    Specific objectives
    Transport: modernising or upgrading
    the transport infrastructure in order to
    allow for smart, sustainable and safe
    mobility
    Energy: Sustainable development
    through network infrastructure
    enabling integrating renewable energy
    sources including through facilitating
    cross-border planning and deployment
    of renewables.
    Security of supply inter alia through
    smartening and digitalisation of the
    grids
    Digital: Contribute to the digitalisation
    of energy and mobility networks to
    enable cross-border services in these
    two areas.
    A reinforced priority will be
    given as regards the
    decarbonisation and
    digitalisation components
    of the programme.
    For transport, a
    significantly higher share of
    the budget will be
    earmarked.
    While the key features of
    the current delivery
    mechanism will be
    maintained, some
    adaptation are necessary to
    take into account a greater
    diversity of beneficiaries
    and type of actions
    supported as regards:
    - simplified forms of grants
    (notably for lower amounts
    and/or standardised
    actions);
    - a more proportionate
    degree of oversight exerted
    by MS (application process,
    monitoring, certification of
    reports and cost statement).
    Third challenge:
    Better
    coordination
    with other EU
    programmes and
    better
    exploitation of
    synergies within
    CEF
    General objective
    maximising synergies among the
    sectors covered by the CEF and with
    the other EU programmes
    Cross-cutting specific objectives
    Synergies within CEF
    Changed scope of CEF Digital, with a
    refocus on core business and a
    Coordination with other
    programmes:
    Synergies:
    The delivery will be
    improved as regards:
    - convergence and
    simplification of rules (less
    sector-specific) in order to
    37
    realignment with other EU
    programmes supporting connectivity
    deployments.
    facilitate synergies;
    - adoption of joint work
    programmes;
    - more flexible definition of
    eligible actions.
    Simplification
    The aim for the post-2020 MFF period is to continue regular administrative
    simplification measures of the programme management based on INEA's experiences
    during the 2014-2020 programming period. As an example, INEA has implemented
    various administrative simplification measures largely based on the TEN-T Executive
    Agency's experiences during the 2007-2013 programming period. These measures
    include the introduction of electronic communication tools for beneficiaries as well as the
    replacement of grant decisions by grant agreements which require less involvement from
    the Commission and the Member States. The following measures are envisaged for the
    new CEF at the level of the basic act72
    :
     Simplification of the programme structure
    Following the general approach defined for all programmes in the next MFF, the basic
    act will be simplified compared to the current CEF regulation (see section 4.1). This
    includes the removal of all provisions already covered by the Financial Regulation,
    references to the TEN guidelines instead of repeating their provisions wherever possible,
    and use of standard provisions identical for all programmes. In addition, the number of
    specific objectives will be reduced and put in correspondence with the list of eligible
    actions.
     Simplification of co-funding rates in transport73
    While the current CEF Regulation specifies in detail the co-funding rate applicable per
    type of action (different categories at 20, 30, 40 and 50% and the cohesion envelope at
    85%), the new Regulation would only refer to a generally applicable maximum co-
    funding rate (for instance 30%) with two exceptions:
     a maximum co-funding rate at 50% in duly justified cases to be specified in the
    Regulation;
     an exception concerning actions funded under the cohesion envelope (the maximum
    co-funding rates of the future Cohesion Fund would apply).
    In addition, the Regulation should clearly specify that, within these limits, the work
    programme may provide for more differentiated co-funding rates depending on the type
    of action.
    72
    It is noted that the most important simplification measures for beneficiaries relate to the implementation phase,
    notably as regards the programming and design of the calls, the evaluation process, the grant agreement preparation
    and the monitoring arrangements. These elements are not regulated at the level of the basic act.
    73
    Co-funding rates in case of CEF-energy and CEF-ICT under the current CEF regulation have already been simple
    and will remain such in the next generation of CEF.
    38
    Finally, the Regulation should allow for the derogation to these limits in the case of joint
    work programmes covering several sectors in order to avoid that different co-funding
    rates per sector constitute an obstacle to synergies.
     Streamlining the Member States involvement through the CEF Committee
    While the implementation of the programme lies within the responsibility of the
    Commission, the involvement of Member States is considered important, especially
    when it comes to large infrastructure projects on their territories or to regulated public
    goods. In addition, the simplification of the programme implies that important
    implementation modalities would be set in the work programmes and no longer in the
    basic act.
    For these reasons, it is considered proportionate and justified to maintain the CEF
    Committee and to focus its role on the work programmes. While the Committee would
    continue to be informed in detail on the selection of projects and on the monitoring of the
    programme, it should be assessed if a formal opinion of the Committee on the award
    decisions taken by the Commission is necessary. Such simplification would allow to
    further reduce the time to grant by almost a month.
    As regards individual projects, currently Member States are requested to approve
    applications and to certify incurred expenses and final reports. The approval of
    applications by Member States was questioned in a certain number of cases, notably
    when promoters are private entities and/or the project does not concern common goods or
    interest. It would be preferable to remove this general obligation but to keep the
    possibility to impose it in the work programmes when duly justified (large infrastructure
    projects, use of the national envelope under the transport cohesion envelope, projects
    including certain aspects related to security or public authority, etc.).
    On the contrary, the certification of expenditure and final report by Member States could
    be removed entirely and replaced by a more systematic obligation to provide an audit
    certificate.
    Complementarity/Coherence with other funds
    The challenges identified in section 2.1 concerning the complementarity/coherence with
    other EU programmes are presented in the table below:
    ESIF  Better delineation of scope between ESIF and CEF concerning
    transport74
    : CEF focusing on the TEN-T infrastructure of cross-
    border relevance (including through the implementation of a
    Transport Cohesion Fund envelope) while ESIF focuses on the
    urban, local and regional mobility needs through ERDF.
     Better coordination and streamlining of policy objectives and
    interventions through the ex-ante conditions applicable to
    transport investment under shared-management (to ensure full
    consistency with the TEN-T).
     In case of energy, clear delineation ensured with CEF focusing
    74
    Subject to final decisions concerning the scope and budget of each programme.
    39
    on TEN-E (including smart grids on transmission and
    transmission/distribution interface) while ESIF on
    national/regional transmission, distribution and distribution
    level smart grids and storages. Increasing importance of
    investments at local and regional level in a decentralised energy
    system points to a continued or even increased relevance of
    EFSI funding for energy therefore
     Both ESIF and CEF are aligned in providing coherent and
    complementary support to EU's strategic connectivity
    objectives. As regards one target to which both ESIF and CEF
    are expected to contribute to, CEF is expected to cover market
    failures areas where projects can be deployed with low intensity
    grants, allowing ESIF to address further and more severe
    market failure areas which require higher grant amounts and
    intensity.
     Better alignment of rules concerning applications,
    implementation and monitoring.
    InvestEU  No competing financial instruments in CEF.
     Focus grant support on projects that cannot be supported
    through financial instrument, or
     Use grants for blending with InvestEU (or other private
    financing) if needed for bankability.
    Digital Europe
    Programme
     According to its current definition, Digital Europe will include
    future activities concerning the Digital Services Infrastructures
    part of the current CEF.
     Services developed in Digital Europe will run over the
    connectivity infrastructure provided by CEF2.
     Cybersecurity developed in Digital Europe will be used also to
    protect critical infrastructures supported by CEF2
    FP9  As in the current period, while the development of innovative
    solutions will be supported by the EU research programme FP9,
    the deployment of innovative solutions will be supported by the
    new CEF when in relation with its scope (for instance as
    regards alternative fuels or digital traffic management systems).
    No risk of overlaps as inherently different stages of market
    maturity of FP9 and CEF actions
    Innovative forms of support
    For infrastructure projects that have positive expected environmental and socio-economic
    values in support of EU policy objectives, there exists a full spectrum of financing needs
    (in terms of the financial viability of the investment). From financially viable projects
    based on the income stream generated by users and concession fees in regulated sectors,
    to projects of high policy, environmental and economic value, but not generating
    sufficient revenues to cover investment and therefore being highly dependent on public
    sector/government support.
    Therefore a full range of support mechanisms continue to be appropriate for
    infrastructure including a continuation of EU-backed budgetary guarantees and financial
    instruments under “Invest EU”, to complement the bulk of EU support to the sector
    40
    which will continue to be delivered through grants by EU programmes such as CEF
    (whether conventionally or through blending) and by the EIB and other financing public
    and private institutions and investors.
     Expanding the use of blending.
    The provision of grants in combination of EIB, whenever appropriate through EU-backed
    financial instruments, National Promotional Banks or private finance to projects aligned
    with EU high value objectives is an appropriate support mechanism because many
    infrastructure projects are on the margins of financial viability, and support solely
    through EU-backed financial instruments, including "InvestEU" backed financial
    products, would not be sufficient to deliver financial viability.
    The blending approach allows the bulk of the finance to be provided privately,
    minimising the overall public sector contribution in line with the goals of the Investment
    Plan for Europe, improves the quality of the projects and their efficient delivery.
    Furthermore, an emphasis on private finance and blending can catalyse changes in
    investment strategies by Member States.
    There is a strong case for the administration and allocation of grants (whether
    conventionally or through blending) to be towards projects with high EU added value.
    The proven way to deliver this is through centralised sector specific instruments such as
    the CEF, through either blending calls or blending facilities, where the use of the CEF
    budget ensures the fulfilment of the TEN priorities.
    The update of the EU Financial Regulation includes legal text regarding blending and
    blending facilities75
    . In addition, as part of the so called ‘Omnibus’, an amendment to the
    current CEF Regulation to establish the possibility of a blending facility for one or more
    of the CEF sectors, has been agreed. This approach can be tested in the current financial
    period and then scaled up in the next period.
    Blending seems also well suited for the integration of renewables into cross-border
    action. Blending also seems particularly suitable for supporting broadband rollouts,
    where only a small grant component could ensure full coverage of territories where
    private investors alone would otherwise not go, or would favour locations within that
    specific area.
     Making use of simplified forms of grants
    The new Financial Regulation no longer requires grants to be expressed as a percentage
    of eligible costs and grants may also be expressed as an absolute value, i.e. in a so called
    notional approach.76
    The possibility to use simplified forms of grants will be ensured in
    the new Regulation according to the provisions set out in the template basic act circulated
    by DG BUDG. This includes notably provisions under Article 11 of the new Regulation
    75
    A cooperation framework established between the Commission and development or other public finance institutions
    with a view to combining non-repayable forms of support and/or financial instruments from the Union budget and
    financial support from development or other public finance institutions as well as from commercial finance
    institutions and investors and be managed either by the Commission or by persons or entities implementing Union
    funds pursuant to point (c) of the first subparagraph of Article 62(1)".
    76
    As further specified in Article 11 of the template basic act circulated by DG BUDG and in Article 180(1) of the new
    Financial Regulation.
    41
    specifying that co-financing rates will only apply where the work programmes foresee
    grants calculated as a percentage of eligible cost.
    Simplified forms of grants, for example in the form of voucher schemes, will continue to
    be used to fund very high quality wireless local connectivity to local communities and
    could be used for socio-economic divers in the future: connectivity vouchers are
    envisaged to be used to provide Gigabit connectivity to specific entities with a public
    mission, e.g. eHealth centres and practitioners, schools, local administrations. This will
    directly and indirectly support important digitisation efforts, i.e. driving demand by
    illustrating the benefits of advanced digital services, and potentially improving the
    business case for wider network deployments in the respective areas.
    Synergies
    The design of the programme will allow synergies between sectors in a flexible manner
    notably through the following changes.
     The alignment of key provisions for the three sectors and the possibility to adopt
    thematic work programmes covering specific priorities of several sectors. The
    possibility to adopt thematic work programmes between the three sectors will also
    further facilitate coordinated synergy calls for proposals between the sectors, which
    will enable CEF to specifically direct Union funding to shared areas of interests and
    inter-sectoral horizontal priorities. The first thematic work programme could focus on
    Connected and Automated Mobility for instance.
     The removal of the obstacles that have hampered synergies in the current
    programme. Under the current programme specific obstacles were identified, which
    have hindered the exploitation of synergies in practice:
    - Actions with synergies can be financed only if the components and costs of
    such an action can be clearly separated per sector;
    - Each component must be eligible under the specific sectoral guidelines which
    each, independently, sets strict criteria;
    - No dedicated budget line for synergies exists which would support actions
    whose components cannot be separated per sector;
    - Difference in programming timing (e.g. multiannual vs annual work
    programmes).
    Under the new programme, the Commission's global simplification measures will
    notably facilitate the removal of the identified obstacles for synergies of the current
    programme period. In particular, the above-mentioned possibility for dedicated
    synergy work programmes as well as simplified provisions in the basic act will
    enable synergies among the three sectors. As the new Regulation would only refer to
    generally applicable maximum co-funding rates in all three sectors and gives the
    possibility to specify additional eligibility criteria in the calls for proposals, the new
    Regulation offers more flexibility through the delegation of provisions to the work
    programme level.
     A more flexible definition of eligible actions in the new Regulation allowing to take
    into account some elements in synergy with other elements eligible under CEF or
    contributing to the policy goals on in the transport, energy or digital sectors.
    42
    Sustainability/climate proofing of projects
    The climate proofing (both mitigation and adaptation aspects) of ESIF major projects has
    been successfully implemented within the 2014-2020 period. Furthermore, individual
    MS/regions devised their national/regional approaches to strengthen the sustainable
    dimension of EU co-funded infrastructure projects77
    . In view of this experience and the
    sustainable development requirements of the TFEU (Art. 11), the CEF funding should
    better integrate the sustainability/climate proofing into its operation, irrespectively of the
    sustainable nature of its project portfolio.
    Any system to be designed should be relatively simple and should not entail excessive
    costs and be made-to-measure for specific types of projects.
    Climate proofing of investments made under the CEF will aim at ensuring continuity of
    services in case of extreme weather events (minimisation of disruption of transport
    services, security of energy supply and security of network stability). The increase in
    weather related risks caused by climate change should also be taken into account, using
    sector specific and the best available information. For investments made under the CEF,
    negative externalities related to climate and other environmental risks can be taken into
    account in the overall project risk assessments and mitigation strategies during planning
    and development phases. For larger infrastructural systems such as energy network
    systems, transport systems or broadband infrastructure, a climate proofing exercise
    would include both damages to the infrastructure itself and losses due to projected
    operational down-time.
    5 HOW WILL PERFORMANCE BE MONITORED AND EVALUATED?
    Compared to CEF 2014-2020, a simpler but more robust performance framework will be
    put in place to monitor the achievement of the Programme's objectives and its
    contribution to the EU policy objectives. Performance monitoring will continue to be
    carried out both at actions level and at programme level.
    At actions level, the necessary data will be collected by INEA during the implementation
    and evaluation of supported actions. The collected data will relate to the technical and
    financial progress of the actions. To this end, the conditions for applying for a grant and
    the model grant agreement will contain proportionate requirements on applicants and
    beneficiaries to provide the necessary data.
    At programme level, in line with guidance from DG BUDG under the EU Budget
    Focused on Results initiative and building on the work INEA has already undertaken on
    improving output indicators during the current CEF programme (in accordance with the
    findings of the mid-term evaluation), the new CEF Regulation will contain several high
    level indicators based on each of the specific objectives with the measurement
    mechanisms for these indicators being developed in advance of the implementation of the
    new regulation.
    As far as possible, the relevant criteria and approaches will be harmonised across all
    MFF programmes. As far as possible, the mainstreaming methods of ESIF and CEF
    77
    Some examples can be found in the Report of the European Network of Environmental Authorities – Managing
    Authorities (ENEA-MA) working group on Mainstreaming the environment in cohesion policy in 2014-2020, 2016
    43
    should be harmonised78
    . The table below sets out the high level indicators and provides
    illustrative examples of possible measurement mechanisms.
    Sectors Specific Objectives Indicators
    Transport Efficient and interconnected
    networks and infrastructure for
    smart, sustainable and safe mobility
    Number of cross-border and missing links
    addressed with the support of CEF (including
    actions relating to urban nodes, maritime ports,
    inland ports and rail-road terminals of the TEN-T
    core network)
    Number of CEF supported actions contributing to
    the digitilisation of transport
    Number of alternative fuel supply points built or
    upgraded with the support of CEF
    Number of blackspots addressed with the support
    of CEF
    Contribution to military mobility
    requirements
    Number of transport infrastructure components
    adapted to meet military mobility requirements
    Energy Contribution to interconnectivity
    and integration of markets
    Number of CEF actions contributing to projects
    interconnecting MS networks and removing
    internal constraints
    Security of energy supply
    Number of CEF actions contributing to projects
    ensuring resilient gas network
    Number of CEF actions contributing to the
    smartening and digitalisation of grids and
    increasing energy storage capacity
    Sustainable development through
    enabling decarbonisation
    Number of CEF actions contributing to projects
    enabling increased penetration of renewable energy
    in the energy systems
    Number of CEF actions contributing to
    transnational cooperation in the area of renewables
    Digital Contribution to the deployment of
    digital connectivity infrastructure
    throughout the European Union
    New connections to very high capacity networks
    for socio-economic drivers and very high quality
    wireless connections for local communities
    Number of CEF actions enabling 5G connectivity
    along transport paths
    Number of CEF actions enabling new connections
    to very high capacity networks for households
    Number of CEF actions contributing to the
    digitalisation of energy and transport sectors
    Regarding the climate and air quality related indicators, common headline indicators
    would improve coherence and communicability of the CEF and should be developed in
    the context of a Commission-wide coordinated approach in order to harmonise the
    provisions with other programmes, including with regard to the climate mainstreaming
    methods (on project/programme screening criteria/CBA, on tracking, on KPIs, on
    reporting). As regards indicators for air quality and emission reduction79
    , they should
    include emissions of PM 2.5 in kg/year and emissions of NO2 (or NO2 equivalent in the
    case of NOx) in kg/year, before and after the project.
    78
    For example on delivery mechanisms, project/programme screening criteria/CBA, on tracking, on KPIs, and on
    reporting.
    79
    There is the European Court of Auditors' recommendation for quantification of environmental benefits (notably in
    transport projects co-funded by the EU, even if these are only secondary objectives of projects).
    44
    These indicators will allow monitoring and evaluating implementation and progress of
    the Programme towards the achievement of its objectives. A mid-term and an ex-post
    evaluation of the programme will be carried out in conformity with Article 34 paragraph
    3 of the Financial Regulation and, based on the implementation and output indicators,
    assess the efficiency, effectiveness, relevance, coherence and value added of the
    programme. Where available, results and impacts indicators will be taken into account80
    .
    The Commission will communicate the conclusions of the evaluations accompanied by
    its observations, to the European Parliament, the Council, the European Economic and
    Social Committee and the Committee of the Regions.
    80
    For investment in large infrastructures, results and impacts can only be measured after several years of operation.
    45
    ANNEX 1: PROCEDURAL INFORMATION
    Lead DG(s)
    Directorate-General for Mobility and Transport (DG MOVE), Directorate-General for
    Energy (DG ENER) and Directorate-General for Communications networks, Content and
    Technology (DG CNECT).
    Organisation and timing
    The preparations for the CEF programme in the 2021-2027 period were undertaken in
    accordance with the guidance received from central services as part of the overall
    preparations for the Multiannual Financial Framework for 2021 – 2027. A drafting
    working group was established by the three parent DGs to prepare the CEF proposal,
    comprising the legislative proposal and the accompanying impact assessment. The
    Secretariat General set up an Inter-Service Steering Group (ISSG) for the CEF proposal
    for the 2021-2027 period, gathering representatives of different Directorates-General of
    the Commission. Two meetings (26 February and 16 March) were held prior to
    submission of the Staff Working Document containing the impact assessment to the
    Regulatory Scrutiny Board in March 2018.
    Consultation of the RSB
    An informal upstream meeting was held on 9 January 2018 with RSB representatives
    During this discussion Board members provided early feedback and advice on the basis.
    Board members' feedback did not prejudge in any way the subsequent formal
    deliberations of the RSB. The initial draft of the impact assessment was submitted to the
    Regulatory Scrutiny Board on 21 March 2018. Scrutiny took place at the Board meeting
    of 18 April 2018 and a positive opinion with reservations was issued on 21 April 2018.
    The table below demonstrates how each of the Board’s recommendations were taken into
    account.
    Main considerations of RSB Revisions
    The report is too vague regarding
    the changes and extensions to the
    programme’s scope of
    intervention, in particular in the
    digital pillar. It does not
    demonstrate that extensions
    clearly target cross-border
    solutions.
    A table summarising the changes of scope has been
    added at the beginning of section 3. In addition, a
    table illustrating the linkage between the challenges,
    objectives and delivery of the programme has been
    added to section 4.3. The drafting throughout the text
    on the extension of scope to renewables and digital
    has been further elaborated and a standalone annex on
    the digital sector is now included.
    It is not always clear how the
    fund will ensure that its
    interventions are coherent with
    those of other programmes, such
    as the structural funds or
    InvestEU
    Additional drafting has been provided in section 2.1
    on the third challenge regarding complementarity.
    Furthermore, a table has been inserted in section 4.3
    summarising the key aspects concerning
    complementarity/coherence with other funds.
    The report does not sufficiently
    develop arrangements for
    monitoring and evaluation.
    Section 5 has been redrafted to better reflect the
    monitoring and evaluation arrangements for the new
    programme with the proposed new indicators detailed.
    46
    Evidence, sources and quality
    In addition to the evaluation of the public consultation, data collection and evidence
    stems from:
     The mid-term evaluation of the CEF Programme 2014-2020
     Progress report on implementation of the TEN-T network in 2014-2015
     The impact of non-completion of the TEN-T network in terms of growth and jobs
     The independent full-scale evaluation of the pilot phase of the Europe 2020 Project
    Bond Initiative
     Communication on 'Building the transport core network: core network corridors and
    CEF’
     Study on the impact on growth and jobs realised through the realisation of the TEN-T
    core network
     Communication on the mid-term review of the MFF 2014-2020
     Study on the long term sustainability of Digital Service Infrastructures
     Study on the maturity of the Digital Service Infrastructures supported by the CEF
     Assessment of the alternatives for, market sentiment towards, and recommendation of
    the most effective financial instrument(s) for the CEF broadband activity
     Ex-post evaluation of the TEN-T 2007-2013 programme carried out in 2017
     Preliminary results of Study on permitting & facilitating the preparation of TEN-T
    core network projects
     Investment needs in trans-European energy infrastructure to 2030 and beyond
     Cost-Effective financing structures for mature projects of common interest (PCIs) in
    Energy
     TEN-E evaluation - Annex to the Staff Working Document accompanying the
    Commission Delegated Regulation (C(2017) 7834)
     Evaluation of the impact of PCI implementation
     ENER A4 study for next MFF: Evaluating the structure of EU Financing of Energy
    under the current MFF and assessment of options for structuring EU financing of
    energy under the next MFF, Final Report prepared for DG ENER, January 2018,
    Vivideconomics, Ramboll
     Expert stakeholder meeting on cross-border renewables cooperation on 5th March
    2018 in Brussels (cf. annex).
     ECA special report 31/2016 on climate mainstreaming and the COM replies:
    https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=39853
     CLIMA consultants' report on climate mainstreaming in the next MFF:
    https://publications.europa.eu/en/publication-detail/-/publication/1df19257-aef9-11e7-
    837e-01aa75ed71a1
     Expert stakeholder Consultation workshop on Green-ICT on 30th January 2018 in
    Brussels
     Expert stakeholder Consultation workshop on the Internet of Energy held on 26th
    February 2018 in Brussels
     - Expert stakeholder consultation workshop on integration of cross-border renewables
    held on 5th March 2018 in Brussels
    47
    ANNEX 2: STAKEHOLDER CONSULTATION
    1. OPEN PUBLIC CONSULTATION
    This report presents the results of the online public consultation, organised as part of a
    series of public consultations covering the entire spectrum of EU future funding. While
    the public consultation covered the topic of strategic infrastructure funding (comprising
    CEF, Galileo and ITER), this report will analysis the CEF focused results. The
    consultation was launched on 10 January 2018 and remained opened for a period of 8
    weeks, until 9 March 2018.
    1.1 Respondents
    The questionnaire’s initial section collected background and contact information on the
    respondents. A total of 441 responses were received, which led to a total of 424 when the
    Galileo related responses were removed. There was at least one response from every
    Member States as well as 8 responses from outside of the EU (Switzerland, FYROM,
    Bosnia and Herzegovina and the USA). Respondents were asked to which topic their
    questionnaire referred and Table 1 illustrates the breakdown of responses per CEF sector.
    Table 1: Breakdown of responses by CEF sector
    Relevant CEF sector Number of
    respondents
    %
    Digital 69 16%
    Energy 107 25%
    Transport 248 58%
    Total 424 100%
    Of the total number of responses, 63 respondents identified themselves as individuals
    responding in a personal capacity while 361 identified themselves as responding in a
    professional capacity or on behalf of an organisation. Table 2 provides a breakdown of
    responses by Member State and respondent type. The large number of responses from
    Belgium can be explained by the fact that many EU representative associations are based
    there. A significant number of responses from logistic companies based in France
    accounts for the high number of responses received from France. The geographical
    breakdown was quite evenly spread across each sector with 21 Member States
    represented in digital responses, 22 Member States in energy responses and 25 Member
    States in transport responses.
    Table 2: Breakdown of responses by Member States
    Country Individuals Professional
    Capacity/Organisations
    Number of
    Respondents
    EU-Members
    States
    Austria 1 9 10
    Belgium 7 65 72
    Bulgaria 1 1
    48
    Croatia 4 3 7
    Cyprus 1 1
    Czech Republic 1 8 9
    Denmark 6 6
    Estonia 3 3
    Finland 2 6 8
    France 7 64 71
    Germany 4 32 36
    Greece 2 6 8
    Hungary 4 7 11
    Ireland 2 10 12
    Italy 3 22 25
    Latvia 5 5
    Lithuania 1 3 4
    Luxembourg 2 2
    Malta 1 1
    Netherlands 3 16 19
    Poland 2 10 12
    Portugal 4 10 14
    Romania 1 3 4
    Slovakia 6 6
    Slovenia 2 2
    Spain 6 30 36
    Sweden 16 16
    United Kingdom 3 12 15
    Non EU-MS
    Bosnia and Herzegovina 1 2 3
    FY Republic of Macedonia 1 1
    Switzerland 3 3
    USA 1 1
    Total 63 361 424
    Responses were received for a wide variety of entities as detailed in Table 3. Responses
    to “Other” included state owned companies such as railway undertakings and energy
    operators as well as region groups and financial organisations.
    Table 3: Breakdown of responses by type of organization
    Type of organizations represented Number of
    respondents
    %
    International or national public authority 35 8%
    Non-governmental organisation, platform network 59 14%
    Private enterprise 117 28%
    49
    Professional consultancy, law firm, self-employed consultant 19 4%
    Regional or local authority (public or mixed) 61 14%
    Research and academia 15 4%
    Trade, business or professional association 56 13%
    Other 62 15%
    Total 424 100%
    1.2 OVERVIEW OF RESULTS
    1.2.1 Policy challenges
    When asked to rate the importance of the policy objectives, respondents considered the
    transition to a low carbon and climate resilient economy and society, the transition
    towards clean, competitive and connected mobility, completion of the TENs and
    promoting economic growth and jobs across the EU as the most important challenges.
    Respondents for the transport sector were more inclined to indicate the specific transport
    related challenges as very important or rather important (the transition to a low carbon
    and climate resilient economy and society (98%), completion of the TENs (91%) and the
    50
    transition towards clean, competitive and connected mobility (98%). Energy respondents
    confirmed the importance of completion of the TENs (84%), the transition of EU energy
    and need for ensuring security of supply (92%) and developing new energy sources for
    the EU (86%) while also recognising the challenge of transitioning to a low carbon and
    climate resilient economy and society (94%). Digital sector respondents identified the
    Transition to Digital Single Market (96%) and promoting economic growth and jobs
    across the EU (94%) as the two most important challenges, closely followed by
    Completion of the trans-European networks in the third place (93%).
    When asked to address other policy challenges, just over 64% gave no answer or no
    opinion. Of those who did believe other challenges existed, transport respondents
    identified urbanisation, territorial accessibility and cohesion (in particular for peripheral
    regions), removal of bottlenecks and barriers, and funding (i.e. lack of funding, and
    insufficient access to funding for local and regional authorities). A large number of
    French logistics companies listed Logistics & Infrastructures as the main policy
    challenge. Other issues raised include climate change and clean transport, transition
    towards a circular economy, development of interoperable digital traffic management
    systems, waterborne transport and digitalisation of maritime transport, integration of
    transport modes, and funding of transport projects outside the EU.
    When naming additional policy challenges that such programmes/funds could address,
    several energy stakeholders stressed the value in promoting energy efficiency and energy
    savings including in the context of cohesion programmes. Some suggested the need for a
    better integration of power and gas sectors and the possible role for biogases/ hydrogen
    and the need for suitable infrastructure. Specifically for gas infrastructure, some
    stakeholders considered it as essential for helping the EU in achieving its energy targets
    while some stressed that the EU should not invest in fossil fuel infrastructure. Some
    stakeholders highlighted the importance of investing in renewable energy sources and in
    this context of making full use of existing cooperation possibilities in the area of
    investments in renewable and electricity trade between countries. The integration of
    decentralised energy sources and the support for the deployment of smart grid solutions
    was highlighted by some stakeholders, as was the emphasis on the support of research
    and innovation to further optimise the grids. The commitments under Paris Agreement
    were raised by some of the respondents, a couple of whom underlined the role of nuclear
    power.
    Answers from the digital sector respondents highlighted the need to support high speed
    connection and development of digital networks, especially in economically weaker areas
    where connectivity greatly improves employment opportunities. The responses call for
    intervention to speed up the transition to Digital society, to build up digital capabilities
    and make them available to users in all areas, including the poorer and less populated
    regions.
    51
    When asked to what extent CEF successfully addresses the challenges listed81
    and when
    respondents were most positive towards the following challenges: promoting economic
    growth and jobs across the EU (either fully addressed or fairly well addressed - 65%) and
    completion of the TENs (62%). Respondents were fairly neutral towards the transition to
    a low carbon and climate resilient economy and society (51% either fully addressed or
    fairly well addressed); the transition towards clean, competitive and connected mobility
    (50%); the transition of EU energy and need for ensuring security of supply (52%).
    Respondents were less positive towards the extent to which the following challenges are
    being addressed; Implementation of the Digital Single Market (42% to 58%) and
    development of new long-term energy sources (34% to 66%).
    The majority of transport respondents considered the transport-focused challenges as
    being fully addressed or fairly well addressed; completion of the TENs (67%), the
    transition to a low carbon and climate resilient economy and society (54%) and the
    transition towards clean, competitive and connected mobility (58%).
    Energy respondents believed completion of the TENs to be the challenge mostly
    addressed by the current programmes/funds (65% of the respondents said that it was fully
    or fairly well addressed) with promoting economic growth and jobs across the EU (58%)
    81
    No opinions were removed for the analysis of this question.
    52
    and the transition of EU energy and need for ensuring security of supply (55%) following
    behind. Only 35% of energy respondents considered CEF to be addressing the challenge
    of development of new long-term energy sources.
    Digital sector respondents identified the Implementation of the Digital Single Market as
    the challenge mostly addressed by the current programmes/funds (54% of the
    respondents said that it was fully or fairly well addressed). Promoting economic growth
    and jobs across the EU was voted in second place (47%), while completion of the TENs
    stands as the third mostly addressed challenge by current programmes/funds (43%).
    1.2.2 Added value
    The figure above illustrates that a majority of respondents (76%) believe that CEF adds
    value compared to what could be achieved at national, regional or local level. The figure
    rises to 80% when looking at transport respondents only, decreases slightly to 74% for
    energy respondents and further to 65% for digital respondents.
    When asked to explain how the current programmes/funds add value compared to what
    Member States could achieve at national, regional and/or local levels, a large number of
    transport respondents listed green and sustainable transport and transnational and cross-
    border transport infrastructure, in particular rail, as the two areas where CEF funds added
    most value. Territorial cohesion and access to isolated regions were also seen as areas
    were EU funds played an important role. One respondent pointed out that the importance
    of local and regional authorities in the establishment of the trans-European transport
    network had been "legitimised" via the corridor fora. The CEF was also seen as playing
    an important role in contributing to the development of inland waterways, the
    implementation of common standards and technologies in Europe (e.g. rail
    interoperability, intelligent transport, ERTMS), fostering innovation and new
    53
    technologies, and promoting road safety. A few respondents highlighted the importance
    of cities, noting that CEF funding for urban nodes was largely insufficient.
    The vast majority of the energy sector respondents confirmed the added value of the
    program stating that EU funds play a crucial role in enabling the implementation of EU
    policies by financing actions that the Member States would not have been otherwise able
    to fund on their own. Moreover, most of the respondents highlighted the fact that the
    program finances cross-border projects that in many cases are of lower priority for the
    Member States as well as of much higher risk, but which at the same time yield
    significant welfare benefits for the European citizens.
    Digital respondents mentioned the unification of infrastructure, which results in the cross
    border interoperability and contributes to the sustainable, inclusive economic growth and
    cohesion within the European Union. Some more specific achievements of the CEF
    programme, which would not have been at place with only national funding at disposal,
    were mentioned.
    1.2.3 Objectives
    When asked is there a need to modify or add to the objectives of the programmes/funds
    in this policy area and if yes, which changes would be necessary or desirable, a large
    number of transport respondents called for increased funding for low-emission mobility,
    promoting a modal shift from road to sustainable modes of transport, including
    waterborne. Respondents suggested that sustainability should be better integrated as a
    selection criterion, and that the term "EU added value" should be more clearly defined.
    Some respondents also called for EU funds to be made available to fund local public
    transport and to promote regional projects, in particular in peripheral regions. They
    argued that EU funding for transport infrastructure at the heart of urban nodes is too
    limited. A number of respondents also argued that, as ports are transnational in nature;
    their co-financing rate should be raised from 20% to 40%.
    The majority of energy respondents were of the view that the concept of synergies
    between the three sectors should be reinforced with particular emphasis on the
    combination of energy and digital infrastructure elements. In the same vain, some of the
    participants raised the issue of sector coupling and how the programme could extend in a
    way to address this emerging need. Moreover, some of the respondents highlighted the
    role that green gas could play in the energy transition and suggested that CEF’s
    objectives could extend to the deployment of new carbon-neutral technologies, while
    others proposed exploring opportunities for a Trans-European Network for Green
    Infrastructure ("TEN-G").
    Digital respondents highlighted the necessity to commit more funds to increase
    connectivity (including creation of a dedicated fund for Broadband), and reduce the
    digital gap between rural and urban areas. Highly specific technical suggestions on
    changes in procedures or regulations were also submitted.
    54
    1.2.4 Obstacles
    The most prominent obstacle identified by respondents by quite some margin was
    complex procedures leading to high administrative burden and delays (65% chose to a
    large extent or to a fairly large extent). The second most important challenge was the lack
    of flexibility to react to unforeseen circumstances and new user needs (53%) while the
    third was insufficient synergies between EU programmes/funds (51%). The lowest
    scoring obstacles were limited information on the selection process (39%) inadequate co-
    financing rates (41%) and difficulty to ensure the sustainability of projects when the
    financing period ends (43%).
    When looking at transport respondents only, the figure for each obstacle was higher and
    in particular for complex procedures leading to high administrative burden and delays
    (70%), lack of flexibility to react to unforeseen circumstances and new user needs (59%
    as opposed to 53% overall) and insufficient administrative capacity to manage
    programmes (56% compared with 50% overall). On the other hand, for energy
    respondents the figure was lower for each obstacle with only complex procedures leading
    to high administrative burden rated as an obstacle by over half of energy respondents
    (61%). The next most important obstacle for energy respondents was and insufficient
    55
    administrative capacity to manage programmes with 41% of respondents rating it at to a
    large extent or to a fairly large extent. The most important obstacles for digital
    respondents were complex procedures leading to high administrative burden and delays
    (72%), the difficulty of combining EU actions with other public interventions (61%) and
    insufficient synergies between EU programmes/funds (54%).
    Only 26% of respondents identified other obstacles. For transport respondents, further
    flexibility in the eligibility criteria of CEF calls was requested by several stakeholders as
    well as more flexibility to the programme generally such as with regards to the
    requirement for Member State approval of applications and the facilitation of synergies
    with other sectors. Some stakeholders raised the administrative burden at Member State
    level in the implementation of the CEF programme as well as requesting further clarity
    regarding the timing of calls. The importance of grants was highlighted as well as the
    need for an increased budget given the large oversubscription in the current programme.
    A few stakeholders requested exemption for the national co-financing element from the
    Stability and Growth Pact rules.
    A commonly identified obstacle for energy respondents was the timing of the calls. More
    specifically, the respondents stated that they should be given more time to prepare their
    application and asked for more flexibility with the deadlines. Some of the participants in
    the survey mentioned that more clarity regarding the eligibility criteria is required, while
    very often it is difficult for them to identify the right person that could provide them with
    all necessary information.
    When stating other obstacles, digital respondents referred to general issues such as the
    complex procedures, the lack of flexibility or the lack of knowledge of the local
    authorities as well as the insufficient funding for CEF and Broadband and the low
    priority of the disadvantaged areas.
    1.2.5 Simplification and reduction of administrative burden
    56
    The majority of respondents believed that simplification and reduction in administrative
    burden could be reduced with fewer, clearer, shorter rules (79% to a large or fairly large
    extent), the alignment of rules between EU funds (73%), more effective stakeholders’
    involvement in the programming, implementation and evaluation (72%), more flexibility
    of resource allocations to respond to unexpected needs (69%) and sufficient flexibility
    between programming periods (63%). The results were fairly similar across all sectors.
    Over 77% respondents gave no opinion or no answer to specifying another possible
    method. Of those who did provide suggestions, a number of transport respondents called
    for more foreseeable timetables for CEF calls, more even distribution of funds over a
    funding period, and more direct involvement of regional authorities in the programming
    and implementation of the CEF. They suggested that feedback be given directly to
    applicants rather than via the Member States. They asked for pre-financing opportunities
    or more financial support dedicated to the development phase of projects. One
    respondent suggested that allowing more lead time for applying for funding would be a
    way to reduce administrative burden, as it would allow the work to be spread over a
    longer time period.
    Respondents also pointed out that a two-stage application process (like in H2020 or
    Interreg) could significantly reduce the burden on applicants. They suggested that a
    simplified proposal could be submitted during the first phase, with more detailed
    proposals only required during later phases. Respondents called for simpler procedures,
    uniform rules across the various EU funds, and greater flexibility at project level.
    Other proposals included broader stakeholder involvement, a one-stop-shop for
    infrastructure projects, and translation of documents in all EU languages. A couple of
    respondents asked for the publication of a Eurostat Guidance on the statistical treatment
    of concession contracts. It was also recalled that the SGP rules represented a heavy
    constraint on Member States' co-financing capacity.
    Referring specifically to ERTMS, a large French company pointed out that the duration
    of the GA is not enough to cover the cycles related to public procurement procedures.
    They also called for CEF grants to be paid on the basis of an interoperability
    demonstration rather than submission of the file to the National Safety Authority.
    Most of the energy respondents suggested that more effective stakeholders' involvement
    in the programming, implementation and evaluation process could lead to further
    simplification of the current program and reduction of the administrative burdens for
    beneficiaries. They also proposed that fewer, clearer and shorter rules as well as more
    flexibility of resource allocation to respond to unexpected needs could be a solution to
    the various procedural complexities. One of the additional suggestions submitted by the
    energy sector respondents is the division of the grant application process into two steps:
    the first for the identification of the eligible projects and the maximum amount of fund
    likely to be granted and the second for the actual award of the grant. A few respondents
    proposed the simplification of the (regulatory Cross Border Cost Allocation – CBCA)
    process as well as the acceleration of the applications' evaluation phase.
    Both segments agree that fewer, clearer and shorter rules would simplify to a large or
    fairly large extent current programmes and funds, reducing administrative burdens for
    beneficiaries. In second place, both elected more effective stakeholder's involvement in
    the programming, implementation and evaluation. In third place, again the segments
    agree on the alignment of rules between EU funds as an initiative that would simplify the
    57
    current programmes and funds. Respondents are divided on question whether more
    reliance on national rules would simplify the administrative burdens. Not at all or to
    some extent only, was the opinion of 49% of both segments, as opposed to 37% of digital
    and 32% of overall respondents meaning that more reliance on national rules would lead
    to simplification at a large or fairly large extent.
    Digital respondents mostly referred to simplification of procedures on the EU side and to
    greater involvement of the local actors on the MS level in early phases of drafting, as
    well as later in the implementation phase. A call for a dedicated fund for Broadband was
    made, as well as the necessity to introduce more flexibility of expenditure eligibility.
    1.2.6 Synergies
    When asked how could synergies among programmes/funds in this area be further
    strengthened to avoid possible overlaps/duplication and whether for example,
    grouping/merging some programmes should be considered, to a large extent the
    respondents concurred that keeping the transport, telecom and energy sector together
    seems appropriate in light of their common goals and challenges but that a separate pillar
    per sector seemed appropriate given particular circumstances.
    Respondents requested that greater coherence be provided between CEF and
    complementarity funds such as Horizon 2020 and ESIF through clarifying the perimeter
    of the various funds. Some of the respondents suggested the establishment of a "one-
    stop-shop" approach by which a project developer could enter data once on a single
    portal and apply for funds from various programs, while others stressed the importance
    of just better coordination and alignment between the various EU and national funding
    programs. On the other handsome respondents sceptical about the grouping/merging of
    programs stating that this might create ambiguity.
    Several respondents mentioned the limited success of harnessing synergies in the current
    CEF programme and stressed the importance of emerging needs such as decarbonisation
    and digitalisation. Thematic cooperation and building on the lessons learned from the
    CEF Synergy Call 2016 was encouraged by several respondents in order to make the
    most efficient and effective use of the CEF instrument. Joint work programmes on
    common themes across sectors was suggested for instance. Several respondents also
    suggested that greater flexibility and simplification of rules could help to foster further
    synergies.
    1.3. POSITION PAPERS
    84 respondents of the OPC offered additional contributions in the form of a position
    paper. Position papers were submitted by 'non-governmental organisation' (28), 'trade,
    business or professional association' (18), 'private enterprise' (15); 'regional or local
    authority (public or mixed)' (12), and 'international or national public authority' (5),
    'research and academia' (1), and 'professional consultancy, law firm, self-employed
    consultant' (1).
    Among all received position papers, 23 focused particularly on the transport pillar of
    CEF and commented on this matter. Furthermore, 15 respondents used the opportunity to
    provide more targeted input regarding the role of CEF to the energy systems, while five
    other position papers were strictly dedicated to issues concerning the digital sector. All
    the remaining documents took a more general approach, either targeting multiple sectors
    58
    of CEF activity at once, or highlighting the importance of other topics. Below follows an
    overview of the key remarks made by respondents, divided by the sector of activity.
    1.3.1 Transport
    In addition to highlighting the importance of investment in specific (missing) links, cross
    border sections and bottlenecks of particular interest to certain stakeholders, increasing
    co-financing rates, and calling for an increase in the overall CEF budget compared to the
    current programming period, several other issues were raised by stakeholders issued.
    These were as follows:
     Increasing the availability of DG MOVE and INEA to provide advice as part of
    the development and at different stages of CEF implementation
     Allowing access to CEF grants for initiatives such as cross border metro / light
    rail and short sea shipping vessels (where waterborne transport is the only
    connection within the TEN-T) as well as increasing funding opportunities for
    ports, in particular, LNG bunkering facilities;
     Making calls for proposals more predictable, simplifying application procedures,
    and increasing the transparency regarding the final selection of projects;
     Incentivizing 'green and clean' projects (e.g. by increasing co-financing rates,
    adopting a climate rating methodology);
     Recognizing cycling as a major mode of transport in the new financial
    frameworks and support the implementation of those measures included in the
    EU’s new Road Safety Programme 2020-2030 which have the highest lifesaving
    potential;
     Further improving and facilitating cities’ involvement in TEN-T governance, and
    stimulating cooperation between all relevant public and private sectors.
    1.3.2 Energy
    In the position papers received for the energy programs, stakeholders recognised the
    importance of the CEF for the development of transmission projects with high net
    benefits at EU level but also with high investment costs due to the technology required to
    minimize environmental and social impact. On the other hand, there was criticism about
    the eligibility criteria for not being clear enough in the case of grants for works and in
    terms of the CBCA decision for being rather restrictive. Stakeholders from the Baltic
    region stressed the role of CEF in strengthening security of supply, highlighting the
    significance of the projects contributing to the Baltic synchronisation and the
    diversification of the region's natural gas sources.
    Other energy stakeholders stressed the potential of biomethane in countries like France
    and its contribution to sustainable development objectives as well as the benefits of
    offshore wind power. Furthermore, there was a paper suggesting the introduction of a
    Full Lifecycle Cost Management (FLCM) method that could master and estimate the cost
    of the plant operation and electricity cost, while an energy stakeholder provided insight
    into the macro-trends of the changing energy system – including decarbonisation,
    digitalisation, decentralisation, sector coupling and uncertainty – and how the next
    generation of EU energy infrastructure policies can successfully adapt concluding that
    financing flows should be channelled towards the low carbon infrastructure of the future.
    Finally, there have been submitted a number of position papers arguing in favour of
    investing in energy renovation of buildings in the post-2020 EU Multiannual Financial
    59
    Framework, highlighting the benefits to the local economies and the environment and
    suggesting among other things that the new CEF should enable investments in efficiency
    in demand- and supply-side infrastructures, in particular where they have the potential to
    avoid unnecessary network investment.
    1.3.3 Digital
    The position of the stakeholders from the digital sector were aligned on the requirement
    for an increased EU investment in the state-of-the-art digital infrastructure, as it is a
    catalyst to all other economic sectors' growth. Connectivity was regarded as central to
    participation in the economy and society, and they pinpointed that a proper infrastructure
    including broadband and 5G will set up Europe as a serious player in the global digital
    economy.
    1.3.4 General
    Most notably, many of the received position papers elaborated on the importance of
    environmental protection and the need to incorporate it into CEF's objectives. Other
    stakeholders highlighted aspects related to multiple CEF pillars including:
     Existing railway infrastructure should be given priority in EU programmes, and
    most of all in CEF. There was a call for the establishment of a Shift2Rail 2.
     Spending on energy and transport infrastructure should prioritize projects of
    cross-border nature that deliver EU added value and which explicitly support the
    EU’s climate and energy policies
     Investment in vehicle charging infrastructure should be increased, along with
    ensuring that electrification projects of public transport systems are eligible for
    support.
     Green hydrogen economy, sustainable mobility, and autonomous mobility are
    emerging markets and need (experiment) space in the existing EU legislation to
    make public-private partnerships possible without tendering and state aid issues.
     The Digital sector was highlighted as was the need to increase competitiveness of
    the EU through connectivity across EU with strong focus on rural
     Also, connectivity, 5G and interventions in these fields are seen as the key factor
    improving economic performance, promoting qualitative leaps and generating
    jobs in the EU
     Furthermore, the stakeholders stress the contribution of digitalization, as well as
    the importance of the synergies between the TENs. Consequently, digitalization is
    considered one of the key elements to be supported by EU investments
    4. SPECIFIC CONSULTATIONS TO REINFORCE SYNERGIES BETWEEN THE THREE SECTORS
    In addition to the online public consultation - organised as part of a series of public
    consultations covering the entire spectrum of EU future funding - specific expert and
    stakeholders consultation workshops where organised to reinforce synergies between
    sectors.
    4.1 Expert stakeholder Consultation workshop on Green-ICT on 30th January 2018
    in Brussels
    60
    The take-up of emerging ICT technologies and paradigms (e.g. IoT, Could Computing,
    Big Data, Data Analytics, etc.) has contributed to the modernisation of our economy,
    from transport to manufacturing. However, this also meant that the energy consumption
    of the ICT sector itself (in particular data centres and networks) is drastically increasing.
    To reduce the carbon footprint of the ICT sector is a necessary condition in order to
    achieve the EU climate and energy goals. The experts considered action on both
    infrastructure and cross-border services. On infrastructure they recommended:
    Support the creation of an EU wide cross-border govCloud based on Open technologies
    to pool together resources contributed by various MS public sector including both
    sharing and hosting infrastructure. Support the deployment of cross border broadband
    high capacity low latency connectivity infrastructure as a necessary condition for the
    deployment of the EU-wide govCloud.
    Create an EU network of data centres (the govCloud) connected cross border to the smart
    grids of the neighbouring countries. Provide cross-border connectivity in areas that are
    ideal locations for data centres (e.g. regions rich in renewable energy sources and/or
    possibilities for heat reuse but no connectivity), while analysing and identifying other
    areas in the European network requiring more bandwidth and access points. This would
    give data centres the option to locate in optimal areas helping them reduce their
    environmental footprint.
    On the cross border services, they proposed the deployment of EU wide data platforms.
    Examples are a platform to collect energy consumption reports and a cross-border
    platform to exchange cybersecurity information and best practices.
    4.2 Expert stakeholder Consultation workshop on the Internet of Energy held on
    26th February 2018 in Brussels
    Expert's recommendations can be classified in two groups. Firstly to support digital e-
    platforms providing energy related information services. These would facilitate the
    development of the EU energy market in general and more optimal use of renewable
    energy production across Europe. Secondly, they stressed there is a need to deploy digital
    infrastructures to optimise the energy interconnections amongst the EU member states.
    On Digital energy-services e-platforms, there was general agreement that creating a new
    renewable energy availability e-platform, forecasting generation across the EU, providing
    predictive information on renewable energy availability across the EU to generators,
    TSOs, DSOs, aggregators, and other energy market players, would open new
    opportunities for interaction and service sharing. It would increase market transparency
    and asset optimisation across the energy value chain and facilitate more optimal use of
    renewable energy generation capacity throughout the EU. It would enable better
    information flows about energy resource availability and would result in more efficient
    use of energy resources and interconnection capacity across borders.
    Other platforms were also proposed e.g. on cybersecurity and on simulation to monitor
    and predict the evolution of all aspects the EU energy market.
    On Digital infrastructures, the interconnection of Smart Grids operating in different MS
    is already happening at TSO level and they recommended more coordination between the
    TSOs and DSOs and also amongst DSOs. The there is a need for more integration of the
    distribution grid and the transmission systems and more interconnections at lower
    61
    voltage levels to enable digital and physical interconnections at the distribution level and
    across international borders in the future.
    Also, there are synergies to be exploited amongst the telecoms, energy and transport
    sectors in terms of digitalisation and infrastructures. Close collaboration amongst these
    sectors is needed in order to use resources efficiently and effectively to build a
    framework that will support the development of new value added services connecting the
    three pillars of IoT, 5G networks and the Internet of energy (IoE). This needs to be a
    done in a way that is open and compatible at the EU level.
    4.3 Consultation to MS on Connected and Automated Mobility (CAM)
    In April 2016 the Dutch Presidency organised an informal transport council during
    which the Amsterdam Declaration was presented and endorsed by all Member States. It
    focuses on cooperative driving and automated vehicles.
    The Dutch ministry organised two High Level Dialogues to follow-up on the goals set
    out in the Amsterdam Declaration. As a result, 27 Member States plus Norway and
    Switzerland signed on 23 March 2017 in Rome the Letter of Intent on cross-border
    demonstration and testing of CCAM.
    Extensive consultations with Member States took place to identify possible cross-border
    corridors and during the High Level meeting in Frankfurt and the Round table on CAD
    (14-15 September 2017), six cross-border initiatives were announced by Member States:
     FR – DE – LU: Metz-Merzig-Luxembourg
     NL – BE: Rotterdam-Antwerp-Eindhoven;
     ES – PT: Porto-Vigo and Merida-Evora (corridor Lisbon – Madrid);
     FI – NO: The E8 "Aurora Borealis" corridor between Tromsø (Norway) and Oulu
    (Finland);
     The "Nordic Way" between Sweden, Finland and Norway.
    The Commission is aiming at having more concrete progress on these corridors and
    having some additional corridors announced in the frame of the Digital Day 2 high level
    event on 10 April 2018 in Brussels.
    The policy context
     This is in line with other Commission initiatives including GEAR2030 (managed
    by DG GROW, having provided stakeholder recommendations to the
    Commission in October 2017), the work of DG MOVE on C-ITS (Cooperative
    Intelligent Transport Systems, aiming at a Delegated Act scheduled for the end of
    2018 providing technical and organisational specifications for deployment) and
    the Communication on CCAM scheduled for 2 May 2018 as part of the third
    Mobility Package.
     CCAM has been identified as a promising (flagship) application enabled by the
    future deployment of 5G networks, e.g. in the 5G Action Plan. The Commission
    has further proposed that all main EU transport paths be covered by 5G services
    by 2025 (Communication on connectivity for the gigabit society). Where 5G
    infrastructure is deployed, it will provide uninterrupted coverage for relevant
    CCAM services across the full corridor.
    62
     CCAM will figure prominently in the 3rd
    mobility package that the Commission
    intends to adopt on 16 May this year. This package will come two weeks after the
    adoption of the data package and the Communication on Artificial Intelligence,
    both extremely relevant for the automotive sector. By the end of the year, we will
    also adopt the cyber security package. It will complement the related C-ITS
    legislative approaches by giving guidance how to provide overall security,
    concerning different strands of possible attacks to the moving vehicle.
    4.4. Expert workshop on the extension of scope towards cross border cooperation on
    Renewables on 5th
    March 2018 in Brussels
    A stakeholder workshop "Towards a more Europeanised approach to Renewables' policy
    – a possible instrument to support cross-border cooperation on renewables in the MFF
    post-2020" took place in Brussels, 5 March 2018 in order to support the analysis of this
    part of the impact assessment. The expert stakeholder event gathered around 60
    participants, including representatives from 12 EU Member States and the Energy
    Community, TSOs, utilities, industry umbrella organisations NGOs, think tanks and
    consultancies. The purpose was to allow stakeholders to express their views on the merits
    and design of an enabling instrument for renewables regional cooperation. Questions for
    discussions focussed on persistent barriers, main criteria to assess the EU added value,
    delivery mechanisms and innovation.
    Main outcome of the discussion:
    • The benefits of having a more coordinated approach to renewables planning and
    deployment are uncontested, but at the same time barriers are preventing cooperation to
    happen.
    • Member States face a basic conflict between achieving greater cost efficiency
    through cross-border cooperation (but potentially having to trade-off with RES
    investments and benefits occurring in another country) and public acceptance and
    preference for investments at home (but then losing out on potential gains from
    cooperation),
    • Setting up cross-border cooperation on renewables is complex, lengthy and might
    benefit from facilitating action by EU. Ambition in first cooperation projects was even
    too high (Kriegers Flak planned to involve 3 MS, meshed DC grid still as long-term
    ambition).
    • Financial support (comprising financial instruments and grants) for renewables
    projects of European interest is very important as to provide an incentive to overcome
    Member States preference for national planning and national deployment of RES
    capacity. It fosters the Europeanisation of RES policies and support.
    • Support in the form of grants for technical assistance and studies is a useful EU
    intervention to help lower the high upfront costs related to setting up the coordinated
    action. There is also a need for EU first loss instruments, equity and guarantees to lower
    the high risk of cross border RES projects.
    • With regard to flagship projects under such an instrument, there is a need of
    learning from experiences acquired with the EEPR and TEN-E interventions with regard
    to innovation, consistency with the environmental acquis and the need to facilitate also
    63
    combinations of technologies, bearing in mind its potential contribution to keep and
    expand EU RES industrial leadership.
    • A possible link to the National Energy and Climate Plans and the Financial
    Platform (Art 27) under the Governance Regulation should be explored
    • There was large consensus on the need for more alignment between grid and RES
    planning to which this potential new instrument could effectively contribute. On the other
    hand, the importance to continue electricity grid development as a pre-requisite was also
    raised.
    • Integration of cross-border renewables adds value to the relevant provisions of the
    legal framework (provisions in the Clean Energy Package on simplified administrative
    procedures, cooperation projects, and in particular grid integration as supported through
    TEN-E and CEF). Some interventions calls for more regulatory alignment. The
    Commission was also invited to update the 2013 guidance on cross border cooperation
    including templates.
    • Participants also called upon the Commission to come up with a more supportive
    framework for PPAs, for the creation of renewables free trade zones as in the UK, as well
    as new measures to address the large differences in cost of capital as to ensure that
    renewables can be deployed equally throughout Europe.
    64
    ANNEX 3: COMPREHENSIVE ASSESSMENT OF THE EXTENSION OF SCOPE OF THE ENERGY
    WINDOW TOWARDS TARGETED CROSS-BORDER COOPERATION IN RENEWABLES
    1. INTRODUCTION
    1.1. Context
    The EU has the political ambition to "to become the world leader in renewables"82
    .
    This is not only contributing to the EU's commitments under the Paris agreement, but
    important also for industrial leadership and associated jobs and growth. Renewable
    energies should furthermore increasingly penetrate sectors so far predominantly
    dependent on fossil fuels, such as mobility which will require appropriate infrastructure
    development (e.g. e-mobility).
    To achieve these goals, the Commission has tabled the most performant legislative
    framework: Clean Energy for All Europeans package, which is currently under
    negotiations in the ordinary legislative process. Some key new elements of this proposed
    new regulatory framework relevant for renewables development are the following:
     Firstly, Member States will no longer be bound by a national target for
    renewables post 2020. With the change to an EU-level binding target,
    renewables deployment and target achievement becomes a collective
    responsibility with the Commission's role moving to a facilitator. This calls for an
    adjustment also of available EU instruments to align them with this new reality.
    The recast Renewables Directive includes furthermore measures to Europeanise
    renewables support, such as cross-border opening of support schemes.
     The market design proposals aim at making the market more flexible and thus fit
    for the integration of increasing amounts of variable renewable energies.
     The Governance proposal will further reinforce cooperation among Member
    States, including on their national and energy climate action plans (NECPS). In
    particular, the Commission's proposal on Governance of the Energy Union and
    the recast of the Renewable Directive put forward that "Member States shall
    identify opportunities for regional cooperation".
     Art. 3(4) of the recast Renewables Directive83
    stipulates that "the Commission
    shall support the high ambition of Member States through an enabling framework
    comprising the enhanced use of Union funds, in particular financial instruments".
    The co-legislators strengthened the text referring to an enabling framework in the
    currently negotiated review of the Renewables Directive to explicitly call for
    enabling action to support renewables cooperation across borders.84
    As President Juncker recently said: "We need a budget that matches our ambitions. For
    instance, we want to be world leaders in renewable energy and get ahead of the curve on
    new technologies. If we want our Union to have a role in that, we must give ourselves the
    tools we need to make it happen."
    Also, Member States and industry repeatedly called for looking into options for EU
    funding for joint projects and encourage their uptake, in particular with a focus on
    82
    Cf. Clean Energy for all Europeans package[COM(2016) 860 final]
    83
    COM/2016/0767 final
    84
    Cf Art 3.4 of the General Approach of the Council on the revised Renewables Directive as adopted on 18th
    of
    December and EP Amendment 113 to the same text.
    65
    offshore wind.85
    The European Parliament in its resolution of 14th
    March 2018 on the
    post 2020 MFF86
    called for continuous EU support for investments to enable the use of
    renewable energy, including by CEF.
    It is in this context that the Commission is assessing the inclusion of financial support to
    specific aspects of renewables development under the Connecting Europe facility. It is to
    be noted that 94 % of respondents in the public consultation on the future strategic
    infrastructure funding considered the low carbon transition as important challenge, and
    pointed to the increasingly important role of sector integration (e.g. between the power
    sector, grid development and the transport sector).
    In this context, regional cooperation is essential to ensure an effective and affordable
    energy transition in the EU taking advantage of trade, evening out variability,
    safeguarding security of energy supply, coordinating climate adaptation measures and
    optimising the cost-effectiveness of actions.
    Voluntary regional cooperation on energy matters such as in the Central and South-
    Eastern European Energy Connectivity (CESEC) and Baltic energy market
    interconnection plan (BEMIP), which were initially aimed at improving physical
    infrastructure, is expanding its scope and has recently started covering aspects such as
    renewables development and energy efficiency.
    1.2. Concept
    Enabling action to promote optional cross-border cooperation of EU Member States (EU MS)
    was already included in the Renewables Directive (2009/28/EC in 2009 (and strengthened in the
    revision of 2016). The rationale was to give Member States flexibility to jointly exploit
    cheaper renewable energy sources. The ones with less resource potential to cost-effectively
    achieve their binding national target could use renewables across the border to fulfil their target.
    Those Member States that had a relatively lower national target to fulfil (mostly the countries
    with lower GDP) were in return given the possibility to benefit from their renewables (RES)
    potential by allowing a Member State to explore it in return for a financial reward. The four
    variants of cooperation mechanisms listed are:
    Article 687
    Statistical transfers between Member States.
    Member States agree on a statistical transfer of a specified amount of energy from renewable sources from one
    Member State to another Member State.
    Article 7
    Joint projects between Member States.
    Member States may cooperate on all types of joint projects relating to the production of electricity, heating or
    cooling from renewable energy sources. That cooperation may involve private operators.
    Article 9
    Joint projects between Member States and third countries.
    One or more Member States cooperate with one or more third countries on all types of joint projects regarding
    the production of electricity from renewable energy sources. Such cooperation may involve private operators.
    85
    Cf. with a view to the North Seas https://windeurope.org/wp-content/uploads/files/policy/topics/offshore/Offshore-
    Wind-Statement-of-Intent-signed.pdf and with a view to the Baltic Sea http://www.tuuleenergia.ee/wp-
    content/uploads/Baltic-Sea-Declaration.pdf .
    86
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2018-0075&language=EN
    87
    The numbering in the revised directive is altered for all Articles listed.
    66
    Article 11
    Joint support schemes.
    Member States partly or fully coordinate their national support schemes so that production in the territory of one
    participating Member State may count towards the national overall target of another participating Member State.
    The proposal to extend the scope of CEF to support cross-border projects in the field of
    renewables as part of the present Impact Assessment focusses on those mechanisms –
    including their fully voluntary nature-, but complements it with action targeting the very
    early stages of cooperation between Member States: planning and mapping of sites,
    feasibility studies, assessment of the regulatory framework, assessment of benefits and
    costs of cross border cooperation and their allocation, comparative assessments of the
    total costs of deployment (including generation infrastructure and grid development).
    Support will be reserved to projects resulting from a cooperation agreement or any other
    kind of arrangement between Member States and or member States and third countries as
    set out in above listed Articles of the 2009 Renewables Directive. In addition, the
    projects need to provide cost savings in the deployment and/or benefits for system
    integration, security of supply or innovation compared to similar projects implemented at
    national level and also a cost benefit analysis.
    The amount dedicated to such projects will not exceed 10% of the total energy window
    under the Connecting Europe Facility of which a vast part and the first phase will be
    support provided for grants for studies and technical assistance to Member States and
    action aimed at identifying and assessing the expected impact and costs and benefits of
    cross-border cooperation in the field of renewables. In a second phase, grants for studies
    for the implementation of project and grants for works for a limited number of projects
    would be made available – only for those projects that can demonstrate significant
    positive externalities of regional significance (such as security of supply, solidarity or
    innovation) and in the case of evidence that the project would not materialise or not be
    commercially viable in the absence of a grant. Examples for innovative technologies that
    are at this point in a phase where market upscaling is needed are:
    - Multiterminal substations (HVDC or AC) allowing a modular build out of the
    RES capacity
    - Floating substations instead of fixed structures
    - Solution with HVDC cables to enable exploitation of RES further away from
    consumption centres
    - On site storage facilities (batteries, pumped hydro) to enable higher capacity use
    of the cables and provide SOS
    - Energy conversion facilities (e.g. electrolysers) to enable higher capacity use of
    the cables and provide SOS
    Insofar they are not already covered under the TEN-E Regulation, projects consisting of
    such technologies may now become candidates for cross-border project in the field of
    renewable energy status and for a possible support under the CEF.
    The cooperation on renewables by at least two Member States can either result in:
    (i) RES projects physically connected to several Member States and or between a
    Member State and a third country;
    67
    (ii) RES projects located in a single Member State, but demonstrating significant
    cross-border benefits and financially supported by two or more Member States or
    financed by one Member State but located on the territory of a different Member
    State (with or without physical connection).
    This means that the new instrument would not only be about connecting infrastructure,
    but also cooperation with cross-border relevance. The cross-border dimension is assured
    by the involvement of two or more Member States. In addition to the obligatory cross-
    border dimension, the projects should furthermore display a positive cost-benefit
    analysis taking into account all "integration costs".
    Examples of project resulting from enabled cross-border cooperation could include:
     Large North Sea/Baltic Sea offshore wind developments where planned RES
    generation sites in the waters of several adjacent Member States are developed
    and deployed jointly and possibly connected to several Member States instead of
    each developing it on its own and linking it only to its national shore.
     Other RES technologies such as onshore wind, concentrated solar power,
    sustainable biomass88
    or more innovative ones such as floating windmills, ocean
    technology or innovative combinations of different renewables technologies (e.g.
    solar PV plus offshore wind) could become eligible under the proposed new
    instrument.
     RES projects including integrated storage or energy conversion facilities (e.g.
    windfarms with combined electrolysers or methanisation facilities for gas grid
    injections) that are currently not eligible under TEN-E.
    With the emergence of e-mobility, cross-border e-mobility projects will be considered in
    synergies with the transport and digital parts of CEF.
    1.3. Lessons learnt from the past and past programmes
    The European Energy Plan for Recovery has demonstrated how financial support to
    specific cross-border renewables projects (Krieger's Flak) could enable the world's first
    project linking two national grids with an offshore energy source. What however did not
    happen in the case of Krieger s Flak was a joint planning of RES deployment which
    would have resulted in economies of scale compared to each MS deploying a smaller
    capacity on its own.
    Furthermore, the European Fund for Strategic Investments has significantly contributed
    to renewables development, with EUR 3.2 billion funding by February 2018, triggering a
    total investment value of more than EUR 24 billion89
    (contributing to the de-risking of
    projects).
    Accordingly to the 2014 study on the meshed grid90, a more integrated approach to grid
    and RES planning/deployment could be beneficial also for the meshed North Sea grid
    88
    Biomass combustion should be only eligible if certain sustainability conditions are met and the effects on air
    pollution are integrated into the cost-benefit-assessment.
    89
    Includes funding for EFSI projects in other energy sub-sectors, beyond renewables.
    90https://ec.europa.eu/energy/sites/ener/files/documents/2014_nsog_report.pdf
    68
    which is currently part of a priority corridor under TEN-E. This was also the main
    outcome of a recent joint event by the Renewables Grid Initiative and WindEurope:
    "(…) renewable energy producers – including wind – and grid operators need to work
    together more closely. Defining the future energy landscape requires joint planning on
    the development of new transmission lines. This should take into consideration the
    expansion of renewables and the electrification of other sectors, as well
    as environmental and social impacts (…)".91
    . Renewables development is currently
    mostly driven by Member States through national support schemes and national plans
    that remain largely un-coordinated. Support schemes that include cross-border elements,
    for instance when competitive bidding processes allowed the participation of producers
    from other Member States, auctioning prices tend to be lower, enhancing the
    competitiveness of renewable energies92
    . A similar EU-wide coordination for renewables
    deployment in the EU is still at its initial phase
    Over the past 10 years, Member States did not engage significantly in transnational co-
    operation on RES deployment and the role that the cooperation mechanisms were
    expected to have for the growth of renewables in Europe up to 2020 did not materialise -
    despite the socio-economic benefits of a more regional approach (see below) and despite
    the fact that those have been and are promoted in several Articles of the 2009 RES
    Directive (as quoted above), a guidance document on cross-border cooperation from
    201393
    and relevant wording in the current energy and environment state aid guidelines.
    With 2020 approaching and Member States having more clarity on whether they will be
    able to meet the target on their own, the last two years saw the emergence of two more
    cases of cross-border cooperation - the statistical agreements between Luxemburg and
    Lithuania94
    , as well as Estonia95
    .
    Table 1: List of implemented cooperation mechanisms
    91https://renewables-grid.eu/publications/press-releases/detail/news/smarter-roll-out-of-electricity-grids-makes-
    integrating-35-renewables-easier-and-cheaper.html
    92
    The results of the first cross-border tender for renewable electricity in Europe is an illustration of how a
    Member State can limit the costs of financing renewables through allowing foreign electricity generators to bid in the
    auction. The 50 MW photovoltaic tender organised by Germany and open to Danish generators achieved an awarded
    price (5,38 cents/kWh) that were more than 25% lower the last German tender for only-German individual installations
    (7,25 cents/kWh). The good response obtained by the tender, with bids totalling almost fivefold the amount procured
    and half of it represented by foreign installations shows also the willingness of generators to participate in a broader
    market.
    93
    SWD(2013) 440 final
    94
    https://ec.europa.eu/info/news/agreement-statistical-transfers-renewable-energy-amounts-between-lithuania-and-
    luxembourg-2017-oct-26_en
    95
    http://www.tuuleenergia.ee/en/2017/11/estonia-luxembourg-sign-eur-10-5-mln-renewable-energy-agreement/
    Cooperation type and
    countries involved
    Year Status/comments
    Joint certificate scheme
    Norway - Sweden
    2012 Since January 2012, Sweden and Norway operate a
    joint certificate scheme for supporting renewable
    energy. The target is to increase electricity production
    based on RES in Sweden and Norway by 28.4 TWh
    until 2020.
    69
    Table 2: List of so far not implemented cooperations
    Project Status/comments
    Intended cooperation on
    a wind project
    Ireland - United
    Not implemented The two countries signed a
    memorandum of understanding in
    January 2013. The aim was to establish
    Cross-border PV
    auctions
    Denmark - Germany
    2016 In July 2016, Denmark and Germany signed a
    cooperation agreement allowing for a mutual cross-
    border participation in auctions for PV installations.
    The agreement sets the framework for two pilot
    auction rounds in Denmark (20 MW auction, 2.4 MW
    opened for installations in DE) and Germany (50 MW,
    fully opened for installations in DK). Both auctions
    were run in 2016. The cooperation links to the state aid
    decisions on the support schemes for renewable energy
    in both countries. Both decisions include the partial
    opening of auctions for electricity for renewable
    energy (to comply with Art. 30/110 TFEU).
    Statistical transfers
    Luxembourg - Lithuania
    and Luxembourg -
    Estonia
    2017 In October 2017, the first statistical transfer agreement
    was signed between Luxembourg and Lithuania, in
    November 2017 the agreement between Luxembourg
    and Estonia followed. The transfers will cover the
    period from 2018-2020 and will to help Luxembourg
    fulfil its 2020 national renewable energy target.
    Krieger's Flak 2009
    for
    grant
    Krieger's Flak CGS (Combined Grid Solution) is a
    transmission project with an offshore-wind park-
    system in the Baltic Sea in the waters of the exclusive
    economic zone of Denmark, Germany and Sweden.
    The project was initially set up as a tripartite one
    between (Denmark-Sweden-Germany), but reduced to
    only linking the Danish and German grids and
    technology-wise the transmission system which was
    planned to be based on high voltage direct current
    (HVDC) is now built with a more common Alternate
    Current (AC) system. An additional driver for the
    project was the associated reduced integration costs,
    although the grant only covered the grid aspects. The
    project has been supported by a 150 million euro grant
    through the European Energy Programme for
    Recovery (EEPR) in 2009, construction work is
    ongoing.
    70
    Kingdom an intergovernmental agreement on
    energy trading, to be signed in 2014.
    However, a respective agreement was
    not signed and discussion on the
    cooperation came to a halt.
    DESERTEC Not implemented The DESERTEC project relates to the
    concept of producing electricity from
    renewable energy in North Africa and
    exporting it to EU Member States under
    Art. 9 of the Renewable energy Directive
    2009/28/EC. Following the creation of
    the Desertec industrial initiative (Dii) in
    2009, North African countries, in
    particular Morocco, and EU Member
    States, including France, Germany, Italy
    and Spain, discussed the implementation
    of a possible first pilot project. In 2012,
    the discussion came to a halt.
    HELIOS Not implemented The HELIOS project relates to concept
    of producing solar electricity in Greece
    and exporting to other EU Member
    States. The project was proposed by the
    Greek government in 2011. An
    agreement with a possible off-taker
    country was not concluded.
    As can be seen from the above listing, where intergovernmental cooperation took place
    in the past, in several cases projects did not materialise, or at least not as planned, even
    with a grant from the EU budget. The underlying complexity and the substantial time and
    resources that would have been required explain why such envisaged cooperations did
    not move forward.
    With regard to offshore projects, the European vision for a North Sea offshore meshed
    grid was launched back in 2010, planning for future large volumes of offshore wind
    linked with maritime interconnectors for cross-border electricity transmission. However,
    progress is thus far rather slow, as was also observed at the specific stakeholder event to
    inform the present Impact Assessment that took place on 5th
    March 2018 in Brussels (see
    preceding Annex for more details). What one can observe at this stage is that currently
    several interconnectors are planned in the North Sea, but all are point-to-point
    transmission links. Merely the 1400MW "FAB Link" UK-France project may eventually
    be connected to an offshore tidal energy project96
    .
    II. THE PROBLEM AND ITS DRIVERS
    2. 1. Problem: Foregone gains from uncoordinated RES deployment in the EU
    96
    The project was originally conceived as an interconnector via the island Alderney where 3 GW tidal power capacity
    was to be developed. At this stage the interconnector goes ahead for 1.4 GW (less than the planned capacity of the
    offshore source, with the construction of the tidal plant being delayed).
    71
    The national approach to renewables implies that deployment is not necessarily
    prioritising the best spots: Where resources are more abundant; where overall system
    costs would be minimised (e.g. reduced need for back-up, avoided grid investments);
    where overall social benefits would be maximised (e.g. increased security of supply,
    avoided local air pollution, employment effects, innovation transfer effects). From an
    EU perspective, renewable energy tends to be exploited not necessarily where it is
    most efficient to do so from a natural resources/geographical conditions/grid/alternative
    fuel infrastructure perspective.
    The economic benefits that could arise from using better Europe's resource potentials
    have been confirmed by a number of studies and modelling efforts. Most recently, the
    modelling underpinning the Clean Energy package of November 2016 revealed that
    cross-border opening of national support schemes would result in reduced energy system
    costs ranging from EUR 1.0 billion (partial opening) to EUR 1.3 billion (mandatory
    regional schemes) annually for the period 2021-2030, while at the same time reducing
    renewable energy support costs paid by the consumer by 3% and 5% respectively.97
    A study carried out for the European Commission on the benefits of a meshed offshore
    grid in the Northern Seas of 201498
    estimated the annual savings including costs of
    losses, CO2 emissions and generation savings to be EUR 1.5 to 5.1 billion higher per
    year for the coordinated grid. These monetized benefits make the meshed grid profitable
    in all studied scenarios and for a wide range of fuel and CO2 costs. When states also
    coordinate their reserve capacity, an additional EUR3.4 to 7.8 billion generation
    investment cost reduction is obtained. On top of the monetized benefits, there are less
    CO2 emissions and less cables making landfall in the meshed configuration. The same
    study also concluded that in order to realise this benefits of coordinated grid
    development, coordination between all stakeholders has to be enabled.
    A 2014 study by the Imperial College London on the North Seas Grid infrastructure99
    concluded that an integrated approach to offshore electricity grid development in the
    North Seas can lead to EUR25-EUR75 billion savings in operation and network
    investment costs as well as EUR3.4-EUR7.8 billion in generation investment costs,
    lowering average cost of electricity production by 0.8-2.2 €/MWh. However, if each
    country were to develop its own renewable power supply and network infrastructure
    independently from their neighbours, there will be no possibility for offshore wind
    generators to directly dispatch electricity to different markets other than that of the
    connected country. Further studies came to similar results for cost savings in cross border
    renewables cooperation in general (not only in offshore wind deployment).100
    The reasons preventing (sufficient) cooperation are well known and documented for
    years. The Commission's 2013 guidance document on cross-border cooperation already
    provides a comprehensive list of barriers. This diagnosis was since confirmed in several
    studies with most details possibly contained in a 2014 study carried out for the European
    97
    SWD (20160 418 final
    98
    https://ec.europa.eu/energy/sites/ener/files/documents/2014_nsog_report.pdf
    99
    https://www.e3g.org/news/media-room/how-to-build-a-north-seas-grid-without-regretting-it
    100
    https://link.springer.com/content/pdf/10.1007%2Fs12398-014-0125-0.pdf ;
    http://orbit.dtu.dk/files/59386176/Renewable_energy_63_p_345_352_postprint.pdf;
    http://www.nature.com/articles/nclimate3338
    72
    Commission that based its findings on interviews with representatives from 11 EU
    Member States in different stages of renewables deployment.101
    The identified main barriers to more cross-border cooperation in renewables are:
    1. (Perceived) technical complexity of designing the most appropriate cooperation
    model and reluctance to take associated "first mover risk". Perceived uncertainty and
    complexity of cost and benefit sharing arrangements between Member States.
    Almost all Member States that were interviewed as part of the 2014 Ecofys study,
    referred to above, mentioned uncertainty on the design options of cooperation
    mechanisms as a barrier. Among other aspects, the compensation of consumers,
    monitoring and operation, accounting of RES amounts for target fulfilment and risk
    allocation were cited as components that would need either more specific guidance or
    knowledge sharing. A proof that complexity is not only a perceived, but actually a real
    issue could be that the statistical transfers by Luxemburg – the presumingly least
    complex form of cooperation - took the governments several years to settle102
    . ENTSO-E
    confirmed at the expert workshop that cost-benefit assessment of integrated projects with
    a generation component are more demanding and therefore the meshed grid in the North
    Sea is still a medium to long-term vision. The technical complexity was emphasised
    again by stakeholders present at the expert stakeholder workshop including the Spanish
    and Austrian government representatives, complemented by the German representative
    who described the EU as still being in a "learning phase on cooperation". WindEurope
    and MOT103
    thus called on the Commission to provide an update of the 2013 guidance
    document among other action.
    In a similar vein, Member State sometimes name the reluctance of countries to assume
    the first-mover risks, i.e. engaging in cooperation mechanisms without building on the
    experience and best-practices of other countries that have done so previously, as a
    barrier: "Without first projects that could be used as a reference for price setting, the
    Member State was hesitant to use cooperation mechanisms himself."104
    In the 2016 online public consultation supporting the REFIT evaluation, 90 % of
    respondents considered uncertain benefits for individual Member States as a very
    important or important obstacle. As demonstrated in a study of the Institute of Energy
    Economics, University of Cologne105
    that analysed the national renewables action plans
    of Member States until 2014, administrative issues and questions concerning the fair
    sharing of costs and benefits between the Member States represent major obstacles that
    need to be tackled in order to reach renewable energy targets at the lowest costs possible.
    EU MS declared that there is no clear common understanding of how cooperation
    mechanisms could work in practice or a lack of information concerning the potential for
    joint projects in other MS or third countries. The Ecofys 2014 study concludes on this
    101
    https://www.ecofys.com/files/files/ec-ecofys-tuvienna-2014-cooperation-member-states-res-directive.pdf
    102
    MEP Claude TURMES from Luxemburg at the 5th
    March 2018 expert workshop in Brussels and REFIT evaluation
    supporting the review of the RES Directive SWD (2016) 0416 final.
    103
    La Mission Opérationnelle Transfrontalière (MOT), French government.
    104
    https://www.ecofys.com/files/files/ec-ecofys-tuvienna-2014-cooperation-member-states-res-directive.pdf, page 12.
    105
    https://link.springer.com/content/pdf/10.1007%2Fs12398-014-0125-0.pdf
    73
    issue that "further insights to governments on quantifiable costs and benefits of specific
    projects would help to inform the discussion".106
    2. Domestic policy considerations – in particular communicating to the national
    electorate the benefits of cooperation over reliance on domestic resources (with their
    various perceived economic benefits)
    The political willingness of Member States to engage in cooperation is a prerequisite, but
    Member States highlight public acceptance as a barrier preventing them from pursuing
    cooperation mechanisms more actively. Governments face difficulties to communicate
    the costs and benefits of cooperation mechanisms to their national electorate.107
    Interestingly this problem does not only occur with the buying country that needs to
    explain to its tax payers that it is partly sponsoring investment abroad, but also for the
    receiving country that could find itself in a situation to explain to its citizens why it is
    beneficial to exploit domestic resources beyond the own energy needs. The public
    consultation underpinning the REFIT evaluation on the RES Directive in 2016 revealed
    again a reluctance to see taxpayers or consumers' money used for investments abroad108
    as main reasons for the limited use of cooperation mechanisms. Indeed, the majority of
    respondents support such view, arguing that benefits in the form of employment,
    economic and industry growth, tax income and security of supply are thus not created
    within the own country. This observation was confirmed again by a representative from
    the renewables industry at the expert workshop in 2018 stating that the main barrier is
    "the not unreasonable view by Member States that RES should first and foremost be
    deployed at home". The lack of incentive with every Member State to start including
    cross-border elements results in a first mover disadvantage where the one that moves first
    and without prior agreement by the other actors stands to lose. Besides public acceptance
    issues, concerns about giving up national sovereignty through the engagement in
    cooperation mechanisms were mentioned. Cooperation mechanisms could interfere with
    domestic support schemes or domestic policy preferences such as the security of
    supply.109
    3. Investments in cross-border RES projects can be hindered by conflicting national
    interests and/or insufficient coordination between grid operators and RES generation
    project promoters.
    RES potential e.g. in South East Europe may not be exploited because a Member State
    lacks the financial means or energy needs to do so on its own or because the project
    requires coordination with other Member States to take place (e.g. investment in
    interconnections is needed to reap full benefits, even though this could bring benefits
    across several Member States). In 2017, IRENA estimated Southern and Eastern Europe
    to hold a potential of renewable resources of 740GW110
    . This represents twice the
    economically attractive potential by 2030 in the North Seas111
    . Also the Baltic Sea has
    106
    https://www.ecofys.com/files/files/ec-ecofys-tuvienna-2014-cooperation-member-states-res-directive.pdf
    107
    https://www.ecofys.com/files/files/ec-ecofys-tuvienna-2014-cooperation-member-states-res-directive.pdf
    108
    94% of public consultation respondents cite this factor as important or very important
    109
    https://www.ecofys.com/files/files/ec-ecofys-tuvienna-2014-cooperation-member-states-res-directive.pdf
    110
    http://www.irena.org/-/media/Files/IRENA/Agency/Publication/2017/IRENA_Cost-
    competitive_power_potential_SEE_2017.pdf?la=en&hash=DE44F51BDDFB43D4CB8D880B5AB71713447BA04
    111
    https://windeurope.org/wp-content/uploads/files/about-wind/reports/Unleashing-Europes-offshore-wind-
    potential.pdf
    74
    significant unexploited potential and could according to the wind industry be as big as 9
    GW by 2030.
    National decisions on RES infrastructure (in particular of large projects) can carry cross-
    border impacts in terms of intangible benefits, but also on the use of networks and
    flexibility needs.
    The importance of coordination between grid developers and RES generation promoters
    was already highlighted as one contributing factor to the delays with the meshed North
    Sea Grid. Participation of all relevant stakeholders, particularly market participants, to
    ensure pragmatic and practical solutions was also given as one of the most important
    success factors for renewables cooperation in a 2015 study. 112
    It could be seen in the past
    (with cases of RES capacity additions that were not fully matched with timely grid
    developments resulting in curtailment and re-dispatching needs due to congested grids),
    that having more comprehensive information on what is planned on renewables
    development at the moment when transmission operators plan the grid extensions can be
    useful. Secondly, coordination can lead to lower needs for transmission, generation and
    back up infrastructure.
    2.2. The scope of the problem
    The consequence of the above is that achievement of the EU renewables target and the
    energy transition can become more costly than necessary for EU's Member States,
    project promoters, taxpayers and consumers, especially when looking at the "full costs"
    of RES (including in particular grid development and integration costs), when
    underexploited areas with good conditions are not used, because a Member State lacks
    the financial means or energy needs to do so on its own, when Member States interests
    are not aligned, or when the complexities in setting out such cooperation regimes are
    (perceived) higher than the benefits.
    The relevance of gains from cooperation is expected to increase in the future with
    renewables estimated to have around 50 % share in EU electricity production in 2030.
    Renewables will continue to play a major role in the decarbonisation of the European
    economy and in meeting Europe's commitments under the Paris process. Higher share of
    variable renewables also means that grid and integration costs will become an
    increasingly acute issue that requires optimisation of renewables planning and
    deployment, including across Member States.
    IV. NECESSITY AND EU ADDED VALUE
    Necessity
    A legal basis for the extension of the new CEF to renewables is provided by Article 194
    TFEU that explicitly lists the promotion of renewables as one of the objectives of EU
    energy policies. In addition Art. 3(4) of the recast Renewables Directive113
    stipulates that
    "the Commission shall support the high ambition of Member States through an enabling
    112
    https://www.ecofys.com/files/files/hbf-ecofys-2015-regional-cooperation-res.pdf
    113
    COM/2016/0767 final.
    75
    framework comprising the enhanced use of Union funds, in particular financial
    instruments".
    The necessity of the EU to intervene is evident from the above description of the
    underlying problem drivers, which also are due to diverging interests of EU Member
    States (distribution of benefits and costs from cooperation fall uneven among Member
    States and/or few incentives for a country with high RES potential to allow another
    country to explore it) that prevent cooperation from happening and leave European
    public goods delivered at sub-optimal levels (e.g.: an optimised deployment of RES). At
    the same time national energy policies increasingly affect each other, impacting the
    energy mix of neighbouring countries through cross-border trade and electricity flows,
    especially in the context of improved cross-border electricity trade.
    The crucial role of the national targets until 2020 for successful cooperation in the past is
    evidenced in research, with Ecofys 2014 stating that "without strong incentives to
    cooperate beyond 2020 such long-term joint endeavours and investments are unlikely".
    The new collective and binding target for renewables for 2030 could also be described as
    a European public good: The European Commission and the Member States are jointly
    bound by this target, but there is the possibility of single Member States to not contribute
    to it and free-ride. Vice versa, the currently more advanced Member States might feel
    that they have already delivered their share and that others will need to step up.
    EU added value
    Such coordination between Member States can be done only at macro regional level.
    Experience shows that the Commission's facilitating role has bene decisive in such
    contexts. Reinforced cooperation can bring economies of scale, avoid duplication of
    infrastructures, increase deployment across Europe to better reflect the available
    potential, contribute to policy convergence and thus to further market integration (with an
    example often referred to being the different requirements for signalling red stripes on
    windmill blades in different national legislation), knowledge transfer and uptake and
    replication of innovative technologies in the European home market. It was precisely
    such EU added value that provided also the justification for granting support for selected
    offshore projects under the European Energy Economic Recovery Programme
    (Regulation (EC) No 663/2009).
    III. COMPLEMENTARITY WITH OTHER PROGRAMMES
    The TEN-E Regulation and the existing strand of CEF-Energy and its priority corridors
    on electricity transmission grids, and efforts for EU grid integration in a wider sense have
    and will need to continue playing a key role in supporting the transformation of the
    energy sector as this brings flexibility that is the key to managing intermittent renewable
    sources. The new supporting framework for renewables cross-border cooperation
    shall thus not crowd out electricity transmission investment, but rather complement
    and facilitate them further.
    Strengthened regional cooperation including the articulation from all stakeholders in the
    energy sector can provide a solid base for more efficient integration of renewables. Better
    knowledge on the costs and benefits for renewables projects could help informing also
    the assessment of grid projects in the future, as put forward by a Member State's
    representative and E3G.
    76
    As could be demonstrated above and also accordingly to what was stated in the 2014
    study on the meshed grid for the Commission114
    , a more integrated approach to grid and
    RES planning/deployment could be beneficial also for the meshed North Sea grid which
    is currently part of a priority corridor under TEN-E. This was also the main outcome of a
    recent joint event by the Renewables Grid Initiative and WindEurope: "(…) renewable
    energy producers – including wind – and grid operators need to work together more
    closely. Defining the future energy landscape requires joint planning on the development
    of new transmission lines. This should take into consideration the expansion of
    renewables and the electrification of other sectors, as well as environmental and social
    impacts (…)".115
    The North Seas energy cooperation116
    indeed has this more integrated approach also as
    one of its objectives. However, it does not have any budget with which to overcome the
    cross-border related barriers. Also the new cooperation instrument would aim to replicate
    cooperation in other parts of Europe and on other technologies besides offshore wind.
    For example, it might be an important venue for the EU industry in the view of global
    competitiveness to develop hybrid wind and solar photovoltaic projects or advance in
    floating or ocean technologies - all of which can for legal base reasons not be done under
    TEN-E and is at least for the moment also not discussed in the North Sea Offshore
    cooperation.
    The European Structural and Investment Fund has resulted in ca 4.8 billion Euros
    allocated by Member States for renewables under the low carbon earmarking obligation
    in 2014-2020. It did not obligate Member States to invest in renewables (and in fact not
    all of them allocated ESIF to renewables), but those that wished to do so, could support
    local and regional renewables deployment, implement renewables investments e.g. as
    part of refurbishment of buildings and/or integrate a renewables dimension into the so-
    called smart specialisation strategies. The EU support via ESIF does not have as an aim
    to facilitate Member States' joint planning or deployment, but rather supports regional
    and urban action and knowledge sharing. Transnational cooperation under ESIF
    (INTERREG B and C) is supporting bordering regions from several countries facing
    similar challenges and can occasionally include the territory of a full Member State, but
    is not meant to facilitate whole Member States cooperating. The scope of INTERREG B
    and C is wider than renewables, but did in the past support coordination and exchange of
    best practice of bordering regions also for renewables.
    Financing through EFSI has become a major source of funding for renewables,
    successfully contributing to de-risking of RES investment in particular for large
    infrastructure projects. EFSI has already provided EUR 3.2 billion of EFSI financing to
    renewables resulting in more than 24 billion total investment. The relevance is expected
    to continue in the future with the 40 % earmarking foreseen for energy and climate in the
    new EFSI. EFSI is, as well as the new InvestEU programme will be, a bottom-up
    programme that relies on project proposals to be driven by the market. It will greatly
    contribute to renewables development in a national context, it can however not overcome
    coordination failures and complexities of cross-border projects as set out
    114
    https://ec.europa.eu/energy/sites/ener/files/documents/2014_nsog_report.pdf
    115
    https://renewables-grid.eu/publications/press-releases/detail/news/smarter-roll-out-of-electricity-grids-makes-
    integrating-35-renewables-easier-and-cheaper.html
    116
    https://ec.europa.eu/energy/en/topics/infrastructure/north-seas-energy-cooperation
    77
    above.Furthermore, the new to be set up Invest EU Fund will cover, as is the case for
    CEF energy in general, also the RES related financial instruments part.
    The Innovation Fund (successor of NER 300) will provide support for innovative low
    carbon technologies including for renewables projects. Innovfin – Energy Demo –
    Complementing Horizon 2020 and NER 300, provides financial instruments that target
    the demonstration of innovative RES technologies.
    The intended opening for cross-border cooperation in renewables under CEF would
    complement the aforementioned instruments as it would also provide support for non-
    technological innovations such as action combining already established RES
    technologies and/or targeting market uptake. Finally, the new instrument would become
    an effective and complementary tool to help Member States in the reporting and planning
    of the national energy and climate plans established in the proposed Governance
    Regulation, in particular with respect to its regional dimension. A possible future link to
    the financial platform to be set up by the Commission under Art 27 of the proposed
    Governance Regulation could be explored. The new instrument would also underpin the
    provisions on mandatory partial opening of support schemes proposed by the
    Commission under the recast of the Renewables Directive.
    V. POLICY OBJECTIVES
    In line with the problem statement above and also reflecting the changed policy context
    with a Europeanisation of renewables target achievement after 2020 and innovation and
    leadership ambitions, the objectives of the new enabling action for cross border
    cooperation would be the following:
    General objective: enabling a cost-effective EU target achievement by 2030 and cost
    effective energy transition, reflecting also the Juncker Commission ambition of the EU as
    the world leader in renewables
    Specific objectives:
     Facilitate cooperation in cross-border planning and deployment of renewables by
    overcoming the persisting barriers and disincentives
     Facilitate that the collective EU-level renewables target for 2030 and renewable
    energy integration is met cost-effectively and that CEF further contributes to the
    energy transition and 2030 and 2050 decarbonisation commitments.
     Contribute to improving the EU's competitive position in renewables and the EU
    leadership ambition for all renewables technologies
    VI. POLICY OPTIONS AND BRIEF OUTLINE OF IMPACTS
    The following options have been identified:
     Option 1: Business as usual (baseline)
     Option 2: Reinforced voluntary cooperation and/or revised non-legal guidance
     Option 3: Establishing an enabling framework for cross-border cooperation on
    renewables
    78
    Variant 1: additional legal provisions to be included in the CEF Regulation, but
    with no financial support
    Variant 2: same as above but with access to additional finance in CEF
    1. Business as usual (baseline)
    Under the baseline scenario we assume that the Clean Energy Package will be adopted
    in its integrity and that CEF is implemented as described above- but not including the
    extension of scope towards renewables. Also other currently existing financial
    programmes are assumed to continue with their current scope.
    The Clean Energy package will already include the following provisions that are
    expected to contribute to a more regional approach towards renewables deployment and
    planning: An obligation for Member States "to cooperate at regional level to effectively
    meet the targets, objectives and contributions set out in the integrated national energy
    and climate plans." (Article 11 of the Governance Regulation). The same article then
    continues to request from Member States to identify opportunities for cooperation, to
    consult with neighbouring countries and to consider any comments from those countries.
    Again in the same article the Commission is called upon to "facilitate cooperation and
    consultation among the Member States on the draft plans".
    As mentioned above, with regard to the binding EU target for renewables, the approach
    followed in the Clean Energy Package is to give Member States the final say in their
    national contribution towards the target, but also to incentivise high pledges through the
    iterative process established in the Governance regulation, where the Commission may
    issue recommendations to draft integrated energy and climate plans (Art 9.2 Governance
    Regulation) taking into account the level of ambition of objectives, targets and
    contributions in view of collectively achieving the Union’s 2030 target. Additionally, the
    finally adopted version of the revised Renewables Directive will in all likelihood contain
    an Article on partial opening of renewables support schemes (Article 5). The voluntary
    cooperation fora for energy matters (North Seas Offshore Cooperation, BEMIP, CESEC,
    Pentalateral Forum) would continue to operate and the development of the meshed North
    Sea Grid would continue at its current pace delivering in the medium or long term as
    explained above.
    Under this option, it can be expected that over the next few years some more progress
    will be made with regard to regional cooperation for renewables with Member States -
    who are under the new 2030 Governance obligated to reflect on the cooperation
    opportunities. The existing fora for intergovernmental cooperation will continue their
    work - and in the case of CESEC and BEMIP start - on renewables cooperation.
    However, there would still not be targeted action or a budget for the costs associated with
    overcoming the barriers identified above that currently prevent cross-border action from
    happening and Member States from investing into the additional cost of coordination.
    The Commission would under this option also not respond to the call from the co-
    legislators to enable cross-border action in the area of renewables, including through
    finance. This might then again make it more difficult for the Commission to request
    additional action by Member States and in particular on renewables as part of the
    recommendations under the Governance Regulation. The finally agreed text on the
    revised Renewables Directive will most probably contain some provisions for Member
    79
    States to partially open the RES support schemes, although it is at this point in time not
    clear whether this would become a mandatory or voluntary clause. Whilst a partial
    opening of national support schemes is one element in order to reap the benefits of a
    more coordinated approach, this provision does not apply to the other forms of
    cooperation and more importantly does not overcome the national perspective in
    planning and deployment in the first place.
    It is however to be expected that not all the benefits described in Section II.2.1 of this
    Annex 3 will be realized. It should be noted that in the expert workshop held to gather
    stakeholders view on the extension of scope of CEF, none of the around 60 stakeholder
    present intervened or submitted input describing the baseline as sufficient.
    2. Reinforced voluntary cooperation and/or revised non-legal guidance
    Under this option, the context would evolve as described for the baseline, but in addition,
    the Commission would issue an update of the guidance document on cross-border
    cooperation from 2013 and/or reinforce its input to the voluntary cooperation fora
    that exist. This would take up on a proposal that was also put forward by several
    stakeholders at the expert meeting, in particular if it were to include detailed lessons
    learnt from cooperation that have occurred between 2013 and today. However it should
    be noted that most of those who intervened with suggestions for improved or updated
    guidance did not feel that this was the only additional element that would be needed, but
    rather suggested it as part of a package complemented e.g. by additional legislative
    provisions to improve coordination. With a revised non-legal guidance document, details
    could be made available on how concretely a bilateral agreement (until now there was no
    trilateral cooperation) needs to be drafted and topics to be taken into account.
    Alternatively or additionally, the Commission could re-enforce the support it currently
    provides to the intergovernmental fora on energy matters, however this will be within the
    limitations of not having additional resources for that. This option would most certainly
    accelerate renewables cooperation in those geographical areas and/or sectors that are
    currently covered by such a forum, even though it was noted in a report from 2015117
    that the progress occurred on existing renewables capacity rather than on future RES
    deployment thus far. This progress might not go as far as to address the important issues
    that will condition renewables deployment over the next decade e.g. the most efficient
    use of RES potential across Europe.
    3. Establishing an enabling framework for cross-border cooperation on renewables
    Variant 1: additional legal provisions to be included in the CEF Regulation, but
    with no financial support
    Variant 2: same as above but with access to additional finance in CEF
    Both variants can be combined with the content of option 2.
    Replicating the logic established with the TEN-E framework, two variants will be
    considered for the extension of scope: One in which only a regulatory enabling
    framework for cross border cooperation will be set up (variant 1) vs. one in which such a
    117
    https://www.ecofys.com/files/files/hbf-ecofys-2015-regional-cooperation-res.pdf
    80
    framework will also be complemented by financial support through the EU budget (CEF)
    (variant 2). The cross-border component on renewables will not be underpinned by
    separate sectoral guidelines as is the case for the current energy part under CEF.
    However, the Clean Energy Package already contains a number of provisions that
    actually address regulatory issues for cross border cooperation:
    - The proposed revised Directive for Renewables foresees an Article on limits for
    duration for authorisation procedures (for all RES projects, not only cross-border ones),
    basic principles for support schemes including partial opening,
    The proposed Electricity Regulation contains rules on RES market integration, including
    principles on rules on grid costs and grid connection rules.
    The subsidiarity assessment underpinning the Clean Energy Package of 2016 has not
    changed and further regulatory alignment seems to be disproportionate and will in any
    event never be able to cover all national specificities, which also extend in into other
    areas of strict national competence such as spatial planning and taxation. Even more
    importantly, and confirmed both by research and statements from Member States and
    other stakeholders the by far biggest obstacle is indeed the lacking incentive to engage or
    invest in such cooperation.
    However the CEF Regulation will contain for both variants a definition of cross-border
    cooperation on renewables, the definition of the criteria that need to be met in order for a
    cooperation to be selected for the status of a cross-border project in the field of renewable
    energy , the process with which this selection is being made and the information and
    methodology that is being used in order to select projects. Under variant two, it would
    also contain provisions on how to provide financial support for cross-border project in
    the field of renewable energy. The cross-border project in the field of renewable energy
    status would not result in any fast track procedure or priority treatment.
    To address the issue of uncertainty around the allocation of benefits and costs among
    various Member States, it could be envisaged to include provisions similar to those in the
    TEN-E (Article 12) guidelines specifying rules on the allocation of costs (variant 1) or
    under variant 2 financial support for studies could be offered to Member States that
    could be used for exactly such purpose. Variant 2 seems more appropriate to underline in
    the light of the responses received from Member States and other stakeholders.
    With regard to maximum permit granting period, Art 16 of the proposal for a revised
    Renewables Directive already introduces new rule for permitting procedures (for all RES
    projects, not only cross-border ones). There is no need for amending those rules as the
    prosed 3 years maximum permitting period seems to be already sufficiently fat for the
    generally more complex cross border projects.
    Both variants would contribute to a more integrated approach between renewables and
    grid development, with variant 1 expected to provide input for anticipatory grid planning
    by making visible the planned cross-border cooperation in the area of renewables.
    The new enabling framework would also be complementary and in line with what was
    announced recently with regard to outermost regions118
    and deliver on the EU's territorial
    118
    SWD (2017) 349 final.
    81
    cohesion objectives and "take account in particular of the need to link island, landlocked
    and peripheral regions with the central regions of the Union". A pure energy
    transmission connection to the mainland is for some of those regions not the most
    attractive and effective solution, hence integrating renewables into cross border action
    can make the new CEF more relevant for those regions that tend to have a significant
    RES potential.
    However, it will be only under variant 2 that the biggest impediments (such as the
    Member States reluctance to be the first mover, to invest abroad or to invest in such
    cooperation without knowing to what extent benefits and costs will fall between Member
    States) will be addressed
    The enabling framework could put the Commission into a better position in order to
    facilitate target achievement under the 2030 Governance and contribute to all innovation
    efforts under the new MFF with an emphasis on innovative combinations of existing
    technologies and technologies in the stage of market uptake needing upscaling. Variant 1
    without financial support will however be significantly less powerful in overcoming the
    domestic policy concerns that prevent Member States in cooperating more. Only setting
    up new rules and not offering also a component of financial support (as requested by the
    co-legislators) would add to the costs of cooperation that are already present today and
    the EU would also not directly contributing to the collective target.
    Thanks to these enabling measures by the EU, it is expected that cross-border
    cooperation will be put into action leading to a more cost-effective deployment of
    renewables in across the EU. Under variant 1, certain hurdles e.g. the cross border cost
    allocation would be addressed with provisions, its effectiveness can be expected to be
    limited (as the estimation of potential gains and attribution to specific Member States
    may be costly or impossible and the benefits may go wider than what can be allocated
    among the directly involved Member States). The financial component under Variant 2
    could therefore finance programme support actions, technical assistance facilitating the
    coordination among Member States, studies notably to facilitate the cost-benefit analysis
    of rational projects and grants to compensate for the positive externalities, such as wider
    economic benefits to the society which however represent additional costs to the
    promoters.
    An EU financial contribution could finally be justified based on the delivery of EU wide
    benefits such as collective target achievement, an optimised grid or the innovative
    dividend that can help towards the global leader ambition.
    Based on the above it seems that regulatory issues are addressed sufficiently in the
    proposed Clean Energy Package so that additional provisions are only need in order to
    define cross border cooperation on renewables, renewables projects of European Interest
    and their eligibility criteria and selection processes. Given that the biggest persisting
    barriers cannot be solved without addressing the costs of the increased coordination,
    variant 2 is chosen.
    Delivery mechanisms:
    Cross-border project in the field of renewable energy will be eligible for
    82
    - grants for studies and technical assistance aimed at identifying and assessing the
    expected impact and costs and benefits of cross-border cooperation in the field of
    renewables
    - grants for studies for the implementation of projects
    - grants for works for a limited number of projects – only for those projects that can
    demonstrate significant positive externalities of regional significance (such as security of
    supply, solidarity or innovation) and that the project would not materialise or not be
    commercially viable in the absence of a grant.
    The intervention would be geared towards overcoming the identified market/coordination
    failures/incentive structure and therefore cover the additional costs arising from cross-
    border and multi-purpose infrastructure planning/ development; providing an incentive
    for Member States to explore such cooperation instead of only planning and deploying
    nationally and/or compensate for positive externalities occurring elsewhere e.g. for grid
    stability and security of supply.
    In the case of grants, it shall be provided in the form of upfront investment aid. The
    resulting lower cost of the project to the Member State would be the incentive for them to
    engage in such mutual beneficial cooperation In particular, it could help overcome
    political acceptance issues (i.e. preference for deploying RES in the domestic market), by
    making very visible the support cost reduction achieved thanks to the participation of EU
    funds. The EU financial contribution would represent the EU's contribution to an EU-
    level target, complementing thus Member States contributions.– based on which then
    companies in competitive tenders could develop projects.
    The expert workshop also revealed that financial instruments could be particularly useful
    to ensure funding at attractive rates (e.g. loans, equity, junior debt or first loss guarantees,
    EU budget guarantee). In line with Art. 3(4) of the recast Renewables Directive119
    that
    stipulates that "the Commission shall support the high ambition of Member States
    through an enabling framework comprising the enhanced use of Union funds, in
    particular financial instruments", blending will be a significant component of the future
    instrument and will be fully embedded in the future InvestEU Single Investment Fund.
    VIII MONITORING AND EVALUATION
    The main output indicator would be the number of cooperation mechanisms and Cross-
    border projects in the field of renewable energy that emerges once the enabling
    framework is in place. This main indicator could be complemented by the number of
    intended cooperation (that do not materialize) and the number of preparatory studies by
    Member States that were initiated.
    A relevant source of information for the progress on cross-border cooperation on
    renewables will be the reporting under the new Governance Regulation where if adopted
    as proposed the annexed template to be used includes information on the role that
    regional cooperation plays for all headings (one of which is renewables) and a section in
    which Member States describe the impact of their plan on other Member States.
    119COM/2016/0767 final
    83
    ANNEX 4: FURTHER BACKGROUND REGARDING THE SCOPE OF CEF DIGITAL
    1. CONTEXT
    Delivering a digital single market is the first priority set for the second half of the
    Juncker Commission's mandate. The benefits of a functioning digital single market (€
    415 billion per year to the EU's economy, hundreds of thousands of new jobs) can only
    be realised if the underlying broadband connectivity is in place. Flagship projects like
    5G, the digitisation of European industry, or the modernisation of sectors like healthcare
    or public administration depend on universal access to reliable, affordable and high-
    quality digital networks. Tomorrow's innovations and their wide take-up can only emerge
    if Europe becomes a truly connected continent.
    Ubiquitous connectivity has become one of the decisive factors to close economic, social
    and territorial divides, making sure that every EU region, including rural and peripheral
    ones, contributes to growth. In education and life-long learning, all EU citizens should
    have access to basic (e-)services. Connectivity increases the capacity of labour market to
    adapt to new challenges even in the most disadvantaged areas, and allows for a better
    link between demand and offer, regardless of geographic location. It creates new markets
    and growth environment for SMEs. It also supports the modernisation of local economies
    and sectors underpinning the diversification of economic activities. Telemedicine
    technologies and electronic health records not only help reducing the costs of health care,
    especially of elderly care, but also pave the way to a new generation of personalised care,
    patient-centric and preventive. Connectivity improves mobility from an efficiency,
    safety, and comfort perspective; it supports an efficient energy grid management and
    consumption.
    On October 2017, the European Council has called for a first rate infrastructure and
    communications network in Europe, in order to successfully build a Digital Europe,
    which requires cooperation at the EU level, inter alia with the aim of achieving world-
    class very high-speed fixed and mobile networks (5G) all across the EU.
    In its report on the next MFF: "Preparing the Parliament’s position on the MFF post-
    2020", the Parliament underlined the importance of ensuring financing for completing the
    digital single market by making full use of the spectrum, 5G deployment and gigabit
    connectivity
    In the Opinion on "Boosting broadband connectivity in Europe"120
    , the European
    Committee of the Regions "supports efforts to promote broadband expansion by
    strengthening cohesion policy, inter alia to ensure it can address the most severe market
    failures in the rural, sparsely populated areas of the EU" and "supports an enhanced role
    for the Connecting Europe Facility (CEF) and EFSI in funding financial instruments and
    blending facilities (combining grants with financial instruments) to address more
    moderate types of market failures […]. Such complementary interventions would ensure
    a high quality broadband connectivity across all regions of the EU".
    The Proposal for a European Electronic Communications Code, revising the regulatory
    framework for electronic communications networks and services providers, aims inter
    120
    SEDEC-VI/034
    84
    alia at promoting access to and take up of very high capacity connectivity, both fixed and
    mobile by all Union citizens and businesses, by means of creating a regulatory
    environment which incentivises private investments in digital connectivity networks. It is
    nevertheless clear that network deployments will remain commercially unviable in many
    areas throughout the European Union, due to various factors such as remoteness, low
    population density, and various other socio-economic factors.
    The Communication on "Connectivity for a Competitive Digital Single Market -
    Towards a European Gigabit Society"121
    (the Gigabit Society Strategy) sets out strategic
    objectives for 2025, in view of optimising investment in new very-high capacity
    networks:
    1. Gigabit connectivity for all main socio-economic drivers such as schools,
    transport hubs and main providers of public services as well as digitally intensive
    enterprises. Supporting connectivity for such anchor customers/engines of digital growth
    will significantly improve the business case for operators to serve entire areas where they
    are located, by stimulating demand and lowering deployment costs at the same time. In
    2013 for example less than 10% of all schools122 and only 16% of the European
    hospitals123 were connected to speeds of 100MBps or above. Nowadays Gigabit speeds
    are still largely confined to some universities, university hospitals and some enterprises.
    2. High performance 5G connectivity: by 2020 a fully-fledged commercial service
    in at least one major city in each of the 28 Member States and by 2025 uninterrupted 5G
    coverage of all urban areas and major terrestrial transport paths. The deployment of 5G is
    expected to generate € 213 billion revenues worldwide in 2025 and could lead to
    € 113 billion in benefits per year across four industrial sectors (automotive, health,
    transport and energy). The success of the commercial deployment of 5G will depend
    critically on the timeliness and intensity of investments in two key areas: (1) investments
    in infrastructure, mainly to lay out a dense fibre network infrastructure to ensure the
    backhauling of 5G cells, as well as to finance the installation of the actual 5G cell
    equipment and (2) investments in service innovation to stimulate the emergence of the
    new 5G-enabled services.
    3. All European households, rural or urban, to have access to Internet connectivity
    offering download speed of at least 100 Mbps, upgradable to Gigabit speeds. The
    ultimate success of innovative digital services depends on the access of all Europeans to
    high speed connectivity. In January 2017, less than 76 % of European households had
    access to connections above 30 Mbps; in rural areas, that percentage goes down to less
    than 40 %. Domestic demand is expected to grow exponentially with the launch of digital
    services. For instance, while North America is the world's most advanced smart home
    market, with almost 22 million smart homes, the European market only counted 8.5
    million homes at the end of 2016 and is expected to grow at a compound annual rate of
    57 % in the next five years, reaching 80.6 million smart homes by 2021.
    121
    COM(2016) 587 final
    122
    Survey of schools: ICT in Education - see
    http://ec.europa.eu/information_society/newsroom/cf/dae/document.cfm?doc_id=1800
    123
    European Hospital Survey – Benchmarking Deployment of eHealth Services – see
    https://ec.europa.eu/digital-single-market/en/news/european-hospital-survey-benchmarking-deployment-
    ehealth-services-2012-2013
    85
    Important synergies can be achieved between the deployment of 5G and of other (mostly
    fixed) connectivity networks. A dense 5G network reaching all urban areas and major
    transport paths - based on backhaul fibre to the 5G cells - will also benefit the
    deployment of wider networks for connectivity of both households and socio-economic
    drivers located in the area, e.g. by bringing the fibre network closer to homes as domestic
    needs and demand evolve. Connecting anchor customers lowers the costs of covering
    households in the respective areas.
    II. ASSESSMENT OF THE INVESTMENT NEEDS
    The combined investment needed to meet the three connectivity objectives by 2025 and
    to bring major benefits across sectors and across borders has been estimated at € 500
    billion. To meet this, an additional € 155 billion is required over and above a simple
    continuation of the trend of current network investment and modernisation efforts of the
    connectivity providers124.The improved regulatory environment that inter alia the future
    Electronic Communications Code will bring about and the savings from increased
    synergies across sectors will reduce this amount. However,, a significant infrastructure
    investment gap to reach the EU's objectives is expected to persist after 2020, spread
    throughout the entire territory of the EU and mostly affecting its rural areas. The EU
    budget should support Member States' own efforts, to unlock, maximise and complement
    private investments in digital networks in order to reach EU's connectivity objectives.
    Based on the current trends, taking into account the existing public support for network
    investment (national broadband plans) as well as the expected positive effects of the
    regulatory changes, we estimate that 50-70 million households in various areas – both
    sub-urban and rural areas across the EU – will have no access to very high capacity
    connectivity in 2020. Unless the EU supports Member States and acts as a catalyst for
    more commercial deployments and connects areas showing lower population density,
    remoteness, or less developed demand, the broadband targets will not be met. Many areas
    will not see the deployment of 5G or other Gigabit-ready networks in the next decade and
    will miss out on economic growth and jobs. While 5G networks are believed to bring
    significant growth and gains across sectors and services, their deployment is currently
    associated with many risks and the scenarios regarding the participation of / agreement
    among the various industries remain highly uncertain. It is important to note that gaps in
    coverage – be them gaps in coverage of communities, of business/industrial areas, or o
    transport paths – represent missed opportunities, unexploited potential and bottlenecks in
    the completion of the Digital Singe Market, as discussed further below under sections IV
    and V.
    The next map below shows the estimated investment gap, limited to household coverage,
    account taken of already planned national and EFSI funding (up to 2020) and after
    expected market investments projected until 2025. The map differentiates areas where:
     in yellow, the market is expected to cover most of the identified investment gap
    until 2025 and/or sufficient public funding is currently available to address the
    remaining (rural) market failure; and
    124
    Commission Communication "Connectivity for a Competitive Digital Single Market - Towards a European
    Gigabit Society" (COM(2016) 587; 14.09.2016).
    86
     in red, areas where continued public intervention will be required in order to meet
    the Gigabit Society strategic objectives.
    Note that the map is based on NUT3 level statistics and that many smaller size areas of
    market failure can be encountered within the regions identified in yellow.
    The overall investment gap across the red areas is about EUR 70 billion. Within these
    areas, it is estimated that the majority of households that will remain uncovered will be
    rural households, representing an estimated investment gap for rural households of about
    EUR 52,5 billion. To meet the Gigabit Society targets, it is evident that public
    intervention is required to, on the one hand maximise the footprint of market investment
    in areas bordering commercial viability and on the other hand ensure the availability of
    funds for publicly driven deployments.
    Map 1: Estimated NUTS3 regions needing public support post 2020
    87
    III. ANALYSIS OF PREDECESSOR PROGRAMMES
    The current public interventions in support of broadband networks include: (i) national
    Broadband Plans amounting currently to € 13.5 billion125, (ii) a € 6 billion envelope
    dedicated to broadband under ESIF (reaching an estimated € 10 billion together with
    national co-funding), (iii) EFSI support (€ 2.3 billion until now) and (iv) smaller but
    innovative interventions under CEF (WiFi4EU, CEBF) for around € 240 million.
    European Structural and Investment Funds (ESIF) on broadband have been concentrated
    in a few countries (Poland, Italy, France, the Czech Republic and Spain account for over
    half of the planned ERDF/EARDF investments)126, supporting mainly public driven
    deployments through grants in market failure areas. Where there is no business case for
    private operators ("white areas" according to state aid rules), so far progress has been
    slow in closing digital and territorial divides as the areas addressed are not always the
    ones most in need and the focus has often been on less performant technologies. In many
    Member States, the ERDF investments focused primarily on productive sites in
    urban/semi-urban areas while EARFD managing authorities also prefer to invest on other
    rural development projects than broadband rollout127, so the most peripheral and rural
    areas will therefore likely not even meet the current Digital Agenda for Europe (DAE)
    targets by the end of the current programming period.
    At the other end of the spectrum, European Fund for Strategic Investments (EFSI)
    interventions along with European Investment Bank lending operations are improving
    credit conditions and providing support to commercially driven, larger scale deployments
    for which there is a medium-term business case. Up to now, projects for above € 2.3
    billion have been approved by the EIB, mostly undertaken by well-established operators.
    With the very small envelope dedicated to broadband, the current Connecting Europe
    Facility (CEF) is putting in place two innovative interventions, complemented by
    technical assistance actions. Firstly, the CEF- and EFSI-funded Connecting Europe
    Broadband Fund (CEBF) seeks to address a demand for equity/long-term finance for
    smaller-scale and riskier commercially driven projects. This type of demand is currently
    unmet by either the market or existing EC instruments. The CEBF will allow funding to
    reach projects that would otherwise not meet current investment criteria and to address a
    clearly identified gap in the finance market, an opportunity estimated by the EIB's
    consultants at €33 billion128. The set-up of the fund has confirmed that, while there is a
    persistent need for supporting the provision of equity (in particular for smaller operators
    and smaller projects), it remains difficult to impose coverage obligations with this type of
    instrument (for instance, to impose that project promoters include non-profitable
    locations within the project deployment area).
    125
    Based o a study of the Natio al Broad a d Progra es, we esti ate that urre tly €13.5 illio is
    dedicated to broadband rollout via purely national schemes – see https://ec.europa.eu/digital-single-
    market/en/news/study-national-broadband-plans-eu-28-connectivity-targets-and-measures
    126
    Source: ICT Monitoring Tool: http://s3platform.jrc.ec.europa.eu/ict-monitoring/-
    /tool/search?code=7a3841fa59e74e34a67be9189f4f874b
    127
    As illustrated in the 2010 European Economic Recovery Package (EERP), only about a third of the resources
    available were eventually programmed on broadband (Ares(2013)107783 - 29/01/2013).
    128
    Market study conducted for the EIB to assess the market potential for the CEBF: Assessment of potential for
    a broadband infrastructure fund, May 2016.
    88
    Secondly, the WiFi4EU initiative is a demand-stimulating measure that aims to provide
    free access to high-speed wireless connectivity in public spaces, thus promoting the take-
    up of broadband by local authorities and facilitating the access of citizens to digital
    services. This initiative is based on an innovative approach to direct management through
    simple online tools of small-value grants, providing standardised support in the form of a
    voucher scheme. The experience of launching the program has shown the great interest
    generated at local level by the initiative, and the roaming functionality that will be
    available in the future will further enhance the EU level effect anticipated.
    The overview above illustrates that certain type of projects and interventions have been
    clearly absent in the current multi-annual financial programme. For example, cross-
    border links have clearly been totally absent under the existing intra-EU schemes,
    including ESIF investments since it was decided that INTERREG 2014-2020 would not
    invest in digital networks and since most other Operational Programmes are based on
    (Member States') national core-to-periphery models. However, cross-border
    infrastructure projects are important in the context of the Digital Single Market, e.g.
    providing seamless connectivity along transport routes that cross national territories.
    Cross-border international connectivity networks (e.g. submarine cables, interconnectors)
    and associated servers form a key backbone for today's connectivity. These core digital
    networks increase capacity and ensure vital redundancy, and thus improve investment
    prospects for entire sub-regions of the European continent and islands to be more
    attractive for the world's data centres.
    Border areas and international connectivity are however not the only areas/types of
    intervention which remain uncovered by the current programmes: several gaps in
    connectivity – "pockets" of small but not insignificant size - persist in otherwise well-
    developed regions throughout the EU. Covering relatively small areas in an otherwise
    covered territory is extremely uneconomic and therefore not done by private investors.
    Covering such areas is also not among the objectives of any of the current programmes.
    On the other hand, such gaps represent significant unexploited potential on the Digital
    Single Market, and handicaps for socio-economic drivers in these areas.
    IV. POLICY OPTIONS
    Continuing the status quo would amount to seeing the EU efforts for the deployment of
    broadband continue, yet far below what is required to meet the EU Gigabit Society
    strategic objectives. De facto, this scenario entails broadening the digital divide and
    leaving a majority of rural households uncovered, as well as putting at risking the
    achievement of the second Gigabit Society target concerning the deployment of 5G.
    While a broader geographic deployment of broadband networks may contribute to some
    extent to the availability of high capacity networks that form the underlying prerequisite
    (fixed backhaul) for 5G deployment, it would not permit the deployment of 5G along
    major EU transport corridors, nor the deployment of a dense network of 5G cells to cover
    all urban areas. In addition, international connectivity and other cross-border deployment
    would not be addressed.
    Should these investments not be prioritised within the envelope foreseen in this scenario,
    the investment gap in rural areas would be significantly higher. This would also imply
    that socio-economic drivers would not be sufficiently supported in particular, making the
    investment in disadvantaged areas, of which many are rural areas, more difficult. The
    89
    challenge of reaching the Gigabit Society strategic objectives and of delivering the
    underlying connectivity for a functional Digital Single Market is therefore not only
    quantitative: the nature of the current public interventions supporting broadband rollout
    leave several areas and types of projects uncovered, across the whole EU territory.
    Given the importance of investments in very high capacity networks, size of the
    investment gap and based on the profiles and strengths of the current programmes, it is
    necessary for rollouts to be supported via a set of well-targeted, efficient and
    complementary interventions beyond 2020. Based on the experience gained in the current
    MFF, a mix of instruments using grants, financial instruments (including budgetary
    guarantees and thematic instruments) and blending between these various forms of
    assistance will maximise the impact of EU support in the next Multi-annual Financial
    Framework.
    In this context, the intervention via the Connecting Europe Facility must be
    complementary to other sources of funding for the deployment of very high capacity
    networks, in particular ESIF and InvestEU. It is also necessary to address the scope of
    CEF Digital in view of the new Digital Europe Programme. The resulting scope of CEF
    Digital has been a re-focus on the core business of CEF, namely support of digital
    connectivity infrastructure, whereas digital services will be supported through the Digital
    Europe Programme. Moreover, CEF Digital will now strongly focus on strategic projects
    aligned with the EU strategic connectivity objectives, considered essential to the success
    of the Digital Single Market.
    As regards the cross-border focus, the particularity of Internet networks is that, even
    when deployed locally, they have global effects, due to the structure of the network and
    scale effects of the applications and services running over the Internet. In that sense, all
    digital connectivity networks, which are connected to the Internet, are intrinsically cross-
    border. For this reason, all deployments into very high capacity networks in the digital
    area, which are able to support EU's digital transformation, are considered projects of
    common interest in the sense of trans-European digital networks. In view of the limited
    resources available, priority for support via the Connecting Europe Facility should be
    given to projects with the highest expected impact on the Digital Single Market, inter alia
    through their alignment with the objectives of the Gigabit Society Strategy
    Communication or through their strong cross-sector and/or cross-border characteristics,
    and for which market failures have been observed. The proposed areas of intervention for
    CEF Digital are presented in detail below.
    V. NEW SCOPE OF INTERVENTION UNDER CEF DIGITAL
    In view of the above, the scope of CEF Digital has been adjusted with a view to:
    - continue supporting measures which enhance connectivity for citizens, such as
    the WiFi4EU initiative, a voucher scheme for providing local wireless
    connectivity to citizens and visitors;
    - focus its new scope on digital connectivity infrastructure projects contributing to
    the achievement of the strategic objectives set out in the 2016 Communication for
    a Gigabit Society, by scaling up support for coverage of territories and
    households with very high capacity networks, by providing support to Gigabit
    connectivity to socio-economic drivers as well as grant-based schemes to deploy
    5G corridors and backbone networks; and to
    90
    - enhance synergies within the programme and by contributing to the digitisation of
    transport and energy networks.
    In particular, CEF should provide support for the following actions:
    1. Gigabit connectivity for socio-economic drivers
    Schools, universities, libraries, local, regional or national administrations, main providers
    of public services, hospitals and medical centres, transport hubs and digitally intensive
    enterprises, etc. are entities and places that can drive important socio-economic
    developments in the area where they are located. Such socio-economic drivers need to be
    at the cutting edge of Gigabit connectivity and to provide access to the best services and
    applications for European citizens, business and local communities in order to maximise
    the positive spill-over effects on the wider economy and society, including by generating
    wider demand for such connectivity and services.
    This type of intervention will directly support important digitisation efforts uand also
    (through the infrastructures funded) improve the business case for wider network
    deployments in the respective areas. It will also stimulate future demand for Gigabit
    connectivity by exposing whole communities to the benefits of advanced digital services.
    This grant-based scheme, taking the form of simplified forms of grants (i.e. vouchers)
    would complement ESIF intervention and a few existing national schemes.
    As an example, Europe has achieved important progress as regards eHealth services and
    their interoperability. These eHealth services are expected to improve quality of services
    and realise important savings. For instance, large net savings in elderly/home care have
    been estimated in Sweden resulting from a more extensive introduction of digital health
    services (e.g. net savings of about EUR 60 million per large city with 500.000 residents
    by 2020). The successful deployment of many new digital applications and services will
    however depend on the availability of 5G/Gigabit connectivity for hospitals and smaller
    medical centres, as well as the connectivity of patients (i.e. households).
    2. Wireless connectivity for local communities
    Building on the experience and significant success of the WiFi4EU initiative so far, very
    high quality local wireless connectivity should be provided free of charge in the centres
    of local public life, including entities with a public mission such as public authorities and
    providers of public services as well as outdoor spaces accessible to the general public, in
    order to support EU's digital vision. As in the current period, the scheme should be
    implemented without interfering with the commercial deployments and offers and by
    using simplified forms of grants (i.e. vouchers).
    3. Support for the deployment of 5G corridors
    In the context of the 5G Action Plan129, the Commission is working on the definition of
    a network of 5G corridors together with the Member States, to ensure uninterrupted 5G
    coverage for Connected and Automated Driving / Mobility. The investment in such
    major terrestrial transport paths is a prerequisite to achieve the key benefits of 5G
    129
    Communication of the Commission : "5G for Europe: an Action Plan"; COM(2016) 588 of 14.09.2016.
    91
    technologies and ensure a scalable rollout across sectors and across borders. Once such a
    major enabling infrastructure is deployed, for which market investment is not foreseeable
    on an optimal timeline or scale because of the many beneficial externalities, major
    impacts are expected in several areas including mobility, health and public connectivity.
    This grant-based scheme would help funding deployments complementing any private
    initiative.
    4. Backbone and international connectivity projects
    Today only 4% of the world's data is stored in the EU and the EU has only 14% of
    revenues in the cloud service providers market.130 To make the EU more attractive for
    the world's data centres, the underlying connectivity needs to be ensured. Several
    Member States have recognised the importance of connectivity as a 'digital harbour' for
    'digital goods' as a key enabler for the digital economy. For example in France Marseille
    is a key hub for international connectivity; after the completion of the new submarine
    cable between Germany and Finland (providing more bandwidth and improved latency)
    the Finnish government is now actively pursuing an extension to Japan and China via the
    Arctic route; similarly Malta is today only linked to Sicily and is concerned about the
    reliability and resilience of this link and prices that are significantly higher compared to
    others. In addition, to further international bandwidth for research131
    the EU has
    supported the establishment of Ella Link, linking Brazil with the EU and offering a
    competitive alternative to the US submarine cables that currently channel most traffic
    between the continents.
    The deployment of backbone electronic communications networks, including with
    submarine cables connecting European territories to third countries on other continents or
    connecting European islands or overseas territories to the mainland, are needed in order
    to build redundancy, and increase the capacity and resilience of EU's digital networks.
    However, such projects are often commercially non-viable.
    5. Targeted support for household and territories coverage
    All European households, rural or urban, should have access to adequate fixed or
    wireless connectivity. In view of ensuring coherence with other funding programmes and
    taking into account the new forms of interventions foreseen (grants instead of financial
    instruments), CEF should focus on those local deployments which contribute to this
    objective, for which market failures are observed, but which can be deployed using low
    intensity grants, alone or in combination with financial instruments.
    As explained above, financial instruments only work within certain territories, in
    particular in urban and sub-urban territories, or in wealthier areas where there is a
    commercial case for deployment, even if the investment is riskier than market standard
    130
    Commission staff working document on the free flow of data and emerging issues of the European data
    economy, January 2017, see: http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=41247
    131
    International connectivity investments allow the scientific community to fully exploit research data produced by
    big-data factories and HPCs. Existing communication networks will have to be upgraded (e.g. the link
    Bologna – Trento – Innsbruck to enable for transfer of Copernicus data, or the Nordic network to exploit new
    Artic links) and new networks will have to be laid down (e.g. between Italy and the Balkans, to improve
    connectivity with that region). If properly funded, the pull effect created by the scientific demand for
    increased network capacity will improve the bankability of international connectivity projects.
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    ones. Financial instruments can improve the business case, but cannot create one. On the
    other hand, ESIF often focuses on deployments which are purely public driven, and
    where high-intensity grants are necessary, typically covering more rural and poorer semi-
    urban territories. In between these extremes, there are several areas throughout the EU
    which, as discussed above, risk to remain uncovered in the absence of public
    intervention, and which represent significant unexploited potential and bottlenecks for
    the Digital Single Market.
    In view of an efficient and effective intervention, CEF seek to focus on these "middle"
    areas, and to cover them comprehensively via low intensity grants, including via
    blending. Such intervention would bring the principles and efficiency of financial
    instruments to poorer and more rural areas, including in poorer Member States, where
    risk capital alone would typically not go. Moreover, providing a grant allows also
    imposing conditionalities, in terms of which households and which socio-economic
    drivers are to be covered in a certain area. The intervention will be done in full respect of
    state aid principles, in particular by taking into account existing and planned private
    investments.
    6. Contributing to the digitisation of transport and energy networks
    Significant positive impacts, for the sectors, and for the economy and society as a whole,
    are expected from the digitalisation of energy and transport networks. The funding of 5G
    corridors are one example of synergy action, expected to be followed by many others.
    One of the objectives of CEF Digital is to contribute indeed the digitalisation of transport
    and energy networks.
    VII. COMPLEMENTARITY WITH OTHER PROGRAMMES
    In the new MFF, the intervention under CEF described above will be complementary in
    particular with:
     InvestEU will intervene to support economically viable projects, which present a
    potential capacity to generate revenues, via budgetary guarantees, in order to
    overcome issues of access to finance, to support an increased risk taken by private
    investors and to support the rapid deployment of the newest technologies
    throughout Europe;
     ESIF is expected to ensure the rollout of digital networks in view of covering all
    territories throughout the EU, including rural, isolated, and sparsely populated
    areas, focusing on areas where more severe market failures are observed and
    where higher intensity grants are required to render the network deployment
    viable. ESIF intervention can be complemented by high speed connectivity
    vouchers to specific demand drivers and anchor customers, e.g. eHealth
    practitioners, schools, local administrations, etc. located in these areas, which can
    be implemented through a simplified direct management approach;
     Digital Europe Programme will fund digital services, while CEF refocuses on the
    underlying digital infrastructure.