{
  "url": "https://openlegislation.uk/eu-regulation-2009-923/annex",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-923/annex.json",
  "legislation": "eur/2009/923",
  "legislation_title": "Regulation (EC) No 923/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 1692/2006 establishing the second ‘Marco Polo’ programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-923",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "ANNEX\nFunding conditions and requirements according to Article 5(2)\nType of Action\nA. CatalystArticle 5(1)(a)\nB. Motorways of the SeaArticle 5(1)(b)\nC. Modal shiftArticle 5(1)(c)\nD. Traffic avoidanceArticle 5(1)(d)\nE. Common learningArticle 5(1)(e)\n1.\nFunding conditions\n(a)\nthe catalyst action will achieve its objectives within a period of a maximum of 60 months, and stay viable after that period, as forecast by a realistic business plan;\n(a)\nthe Motorways of the Sea action will achieve its objectives within a period of a maximum of 60 months, and stay viable after that period, as forecast by a realistic business plan;\n(a)\nthe modal shift action will achieve its objectives within a period of a maximum of 36 months, and stay viable after that period, as forecast by a realistic business plan;\n(a)\nthe traffic avoidance action will achieve its objectives within a period of a maximum of 60 months, and stay viable after that period, as forecast by a realistic business plan;\n(a)\nthe common learning action will lead to the improvement of commercial services in the market, and in particular promote and/or facilitate road traffic avoidance or modal shift off the road to short sea shipping, rail and inland waterways, through improving cooperation and sharing of know-how; it will last for a maximum of 24 months;\n(b)\nthe catalyst action is innovative on a European level, in terms of logistics, technology, methods, equipment, products, infrastructure or services rendered;\n(b)\nthe Motorways of the Sea action is innovative on a European level, in terms of logistics, technology, methods, equipment, products, infrastructure or services rendered; account will also be taken of high quality of service, simplified procedures and inspections, meeting safety and security standards, good access to the ports, efficient hinterland connections, and flexible and efficient port services;\n(b)\nthe modal shift action will not lead to distortions of competition in the relevant markets, in particular between alternative modes of transport to road transport alone or within each mode, contrary to the common interest;\n(b)\nthe traffic avoidance action is innovative on a European level, in terms of integration of production logistics into transport logistics;\n(b)\nthe common learning action is innovative on a European level;\n(c)\nthe catalyst action is expected to lead to an actual, measurable and sustainable modal shift from road to short sea shipping, rail and inland waterways;\n(c)\nthe Motorways of the Sea action aims at encouraging very large volume, high frequency intermodal services for freight transport by short sea shipping, including combined freight-passenger services as appropriate, or a combination of short sea shipping with other modes of transport in which road journeys are as short as possible; the action should preferably include integrated hinterland freight transport services by rail and/or inland waterways;\n(c)\nthe modal shift action proposes a realistic plan setting out the specific stages by which it seeks to achieve its objectives;\n(c)\nthe traffic avoidance action aims at encouraging higher efficiency in international freight transport in the European markets without impeding economic growth by focusing on modification of the production and/or distribution processes, thereby achieving shorter distances, higher loading factors, less empty runs, reduction of waste flows, reduction of volume and/or weight or any other effect leading to a significant reduction of freight traffic on the road, but not adversely affecting production output or workforce;\n(c)\nthe common learning action will not lead to distortions of competition in the relevant markets, in particular between modes of transport alternative to road transport alone or within each mode to an extent contrary to the common interest;\n(d)\nthe catalyst action proposes a realistic plan setting out the specific stages by which it seeks to achieve its objectives and identifies the need for Commission steering assistance;\n(d)\nthe Motorways of the Sea action is expected to lead to an actual, measurable and sustainable modal shift higher than the predicted growth rate of freight transport on the road route, from road to short sea shipping, inland waterways or rail;\n(d)\nwhen the modal shift action requires reliance on services provided by third parties to the subsidy agreement, the applicant submits proof of a transparent, objective and non-discriminatory procedure for selection of the relevant services.\n(d)\nthe common learning action proposes a realistic plan setting out the specific stages by which it seeks to achieve its objectives and identifies the need for Commission steering assistance.\n(e)\nthe catalyst action will not lead to distortions of competition in the relevant markets, in particular between modes of transport alternative to road transport alone or within each mode, to an extent contrary to the common interest;\n(e)\nthe Motorways of the Sea action proposes a realistic plan setting out the specific stages by which it seeks to achieve its objectives and identifies the need for Commission steering assistance;\n(d)\nthe traffic avoidance action proposes a realistic plan setting out the specific stages by which it seeks to achieve its objectives and identifies the need for Commission steering assistance;\n(f)\nwhen the catalyst action requires reliance on services provided by third parties to the subsidy agreement, the applicant submits proof of a transparent, objective and non-discriminatory procedure for selection of the relevant services.\n(f)\nthe Motorways of the Sea action will not lead to distortions of competition in the relevant markets, in particular between modes of transport alternative to road transport alone or within each mode, to an extent contrary to the common interest;\n(e)\nthe traffic avoidance action will not lead to distortions of competition in the relevant markets, in particular concerning modes of transport alternative to road transport, to an extent contrary to the common interest;\n(g)\nwhen the Motorways of the Sea action requires reliance on services provided by third parties to the subsidy agreement, the applicant submits proof of a transparent, objective and non-discriminatory procedure for selection of the relevant services.\n(f)\nwhen the traffic avoidance action requires reliance on services provided by third parties to the subsidy agreement, the applicant submits proof of a transparent, objective and non-discriminatory procedure for selection of the relevant services.\n2.\nFunding intensity and scope\n(a)\nCommunity financial assistance for catalyst actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 20 % of the total eligible costs for the action.\n(a)\nCommunity financial assistance for Motorways of the Sea actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 20 % of the total eligible costs for the action.\n(a)\nCommunity financial assistance for modal shift actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 20 % of the total eligible costs for the action.\n(a)\nCommunity financial assistance for traffic avoidance actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 20 % of the total eligible costs for the action.\n(a)\nCommunity financial assistance for common learning actions shall be limited to a maximum of 50 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action.\nExpenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement.\nExpenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement.\nExpenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement.\nExpenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given. A contribution towards the costs of movable assets shall be contingent on the obligation to use such assets for the duration of the assistance, principally for the action, as defined by the subsidy agreement.\nExpenditure incurred on or after the date of the submission of an application under the selection procedure shall be eligible for Community financial assistance provided that final approval for Community funding is given.\n(b)\nCommunity financial assistance for traffic avoidance actions must not be used to support business or production activities which bear no direct relation to transport or distribution.\n(b)\nThe Community financial assistance, determined by the Commission on the basis of the tonne-kilometres shifted from road to short sea shipping, rail and inland waterways, shall initially be set at EUR 2 for each shift of 500 tonne-kilometres of road freight. This indicative amount could be adjusted, in particular, in accordance with the quality of the action or the real environmental benefit obtained.\n(b)\nThe Community financial assistance determined by the Commission on the basis of the tonne-kilometres shifted from road to short sea shipping, rail and inland waterways, shall initially be set at EUR 2 for each shift of 500 tonne-kilometres of road freight. This indicative amount could be adjusted, in particular, in accordance with the quality of the action or the real environmental benefit obtained.\n(b)\nThe Community financial assistance determined by the Commission on the basis of the tonne-kilometres shifted from road to short sea shipping, rail and inland waterways shall initially be set at EUR 2 for each shift of 500 tonne-kilometres of road freight. This indicative amount could be adjusted, in particular, in accordance with the quality of the action or the real environmental benefit obtained.\n(c)\nThe Community financial assistance shall initially be set at EUR 2 for every avoidance of 500 tonne-kilometres or 25 vehicle-kilometres of road freight. This indicative amount could be adjusted, in particular, in accordance with the quality of the action or the real environmental benefit obtained.\n(c)\nIn accordance with the procedure referred to in Article 10(2), the Commission may re-examine, from time to time as necessary, the developments concerning the items on which this calculation is based and, if necessary, adapt the amount of Community financial assistance accordingly.\n(c)\nIn accordance with the procedure referred to in Article 10(2), the Commission may re-examine, from time to time as necessary, the developments concerning the items on which this calculation is based and, if necessary, adapt the amount of Community financial assistance accordingly.\n(c)\nIn accordance with the procedure referred to in Article 10(2), the Commission may re-examine, from time to time as necessary, the developments concerning the items on which this calculation is based and, if necessary, adapt the amount of Community financial assistance accordingly.\n(d)\nIn accordance with the procedure referred to in Article 10(2), the Commission may re-examine, from time to time as necessary, the developments concerning the items on which this calculation is based and, if necessary, adapt the amount of Community financial assistance accordingly.\n3.\nForm and duration of subsidy agreement\nCommunity financial assistance for catalyst actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months, and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded.\nCommunity financial assistance for Motorways of the Sea actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded.\nCommunity financial assistance for modal shift actions shall be granted on the basis of subsidy agreements. As a rule, the maximum duration of these agreements shall be 38 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded.\nCommunity financial assistance for traffic avoidance actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 62 months and the minimum 36 months. In case of extraordinary implementation delays, for example due to an exceptional economic downturn, adequately justified by the beneficiary, an exceptional extension of 6 months can be awarded.\nCommunity financial assistance for common learning actions shall be granted on the basis of subsidy agreements, with appropriate provisions for steering and monitoring. As a rule, the maximum duration of these agreements shall be 26 months, which can be extended at the request of the beneficiary, within the initial budgetary envelope, for an additional period of 26 months, if positive results are achieved during the first 12 months of operation.\nCommunity financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months.\nCommunity financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months.\nCommunity financial assistance shall not be renewable beyond the stipulated maximum period of 38 months, or in exceptional cases 44 months.\nCommunity financial assistance shall not be renewable beyond the stipulated maximum period of 62 months, or in exceptional cases 68 months.\nCommunity financial assistance shall not be renewable beyond the stipulated maximum period of 52 months.\n4.\nContract value threshold\nThe minimum indicative subsidy threshold per catalyst action shall be 30 million tonne-kilometres or its volumetric equivalent of modal shift or traffic avoidance per year, to be implemented over the entire life of the subsidy agreement.\nThe minimum indicative subsidy threshold per Motorways of the Sea action shall be 200 million tonne-kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreement.\nThe minimum indicative subsidy threshold per modal shift action shall be 60 million tonne-kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreement. Modal shift actions aiming at implementing a shift to inland waterways will be subject to a special threshold of 13 million tonne-kilometres or its volumetric equivalent of modal shift per year to be implemented over the entire life of the subsidy agreement.\nThe minimum indicative subsidy threshold per traffic avoidance action shall be 80 million tonne-kilometres or 4 million vehicle-kilometres of freight traffic avoided per year, to be implemented over the entire life of the subsidy agreement.\nThe minimum indicative subsidy threshold per common learning action shall be EUR 250 000.\n5.\nDissemination\nThe results and methods of catalyst actions shall be disseminated, and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation.\nThe results and methods of Motorways of the Sea actions shall be disseminated, and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation.\nSpecific dissemination activities for modal shift actions are not foreseen.\nThe results and methods of traffic avoidance actions shall be disseminated and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation.\nThe results and methods of common learning actions shall be disseminated and the exchange of best practices shall be encouraged, as specified in a dissemination plan, in order to help achieve the objectives of this Regulation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/923/annex",
    "retrieved_at": "2026-11-01T14:51:14.598543+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}