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EU Parl Watch

Plenary report, 24 June 2026

On the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures to facilitate the transport of military equipment, goods and personnel across the Union

Report A-10-2026-0176 · (COM(2025)0847 – C100311/2025 – 2025/0847(COD))

Committee on Security and Defence Committee on Transport and Tourism · Rapporteur: Michał Szczerba, Roberts Zīle

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Draft european parliament legislative resolution 1,036 paragraphs

(COM(2025)0847 – C100311/2025 – 2025/0847(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2025)0847),

–having regard to Article 294(2) and Articles 91 and 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100311/2025),

–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Portuguese Parliament, the Romanian Senate and the Romanian Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–having regard to the opinion of the European Economic and Social Committee of 18 March 2026,

–having regard to the opinion of the Committee of the Regions of the European Union of 7 May 2026,

–having regard to Rule 60 of its Rules of Procedure,

–having regard to the report of the Committee on Security and Defence and the Committee on Transport and Tourism (A10-0176/2026),

1.Adopts its position at first reading hereinafter set out;

Read the rest (1,024 paragraphs)

2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) Russia’s war of aggression against Ukraine has fundamentally reshaped the European security environment and should be fully taken into account in the planning, implementation and further development of military mobility measures under this Regulation. The experience gained from supporting Ukraine highlights the need for effective cooperation beyond the Union’s borders. Where appropriate, cooperation with Ukraine should be enhanced through relevant cooperation frameworks under this Regulation and other relevant Union legislation to improve coordination, interoperability and the effectiveness of military mobility in the Union.

Amendment 2

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) Military transport operations through the dual-use of civilian infrastructure and mobile assets in the Union and across its external borders should be facilitated, while limiting and mitigating the impact of such operations on civilian transport. This is to be without prejudice to the Member States’ responsibility for safeguarding national security and defence and their power to safeguard other essential State functions, including ensuring the territorial integrity of the State and maintaining law and order.(3) Military transport operations through the dual-use of civilian infrastructure and mobile assets in the Union and across its external borders should be facilitated, while limiting and mitigating, as much as possible, the impact of such operations on civilian transport infrastructure and services, as well as on logistics supply chains. This is to be without prejudice to the Member States’ responsibility for safeguarding national security and defence and their power to safeguard other essential State functions, including ensuring the territorial integrity of the State and maintaining law and order.

Amendment 3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the CommissionAmendment
(3a) Military mobility should be implemented as part of a “whole-of-society” approach, based on close cooperation between public authorities, the armed forces, the civilian logistics sector, and the social partners.

Amendment 4

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) In the past, the transport of military goods and equipment was mainly, if not solely, undertaken by the armed forces directly, and such transport was in most Member States exempted from the Union rules on goods transport. However, the armed forces increasingly subcontract their transports to commercial carriers. There is a need to ensure that the same rules apply through the Union in the area of military transport, whether military transport operations are directly performed by the armed forces of the Member States of the Union, and whether they are carried out on their behalf by civilian companies or other contractors engaged by those armed forces.(4) In the past, the transport of military goods and equipment was mainly, if not solely, undertaken by the armed forces directly, and such transport was in most Member States exempted from the Union rules on goods transport. However, the armed forces increasingly subcontract or outsource their transports to commercial carriers. There is a need to ensure that the same rules apply through the Union in the area of military transport, whether military transport operations are directly performed by the armed forces of the Member States of the Union or of allied countries operating within the territory of the Union, and whether they are carried out on their behalf by civilian companies or other contractors engaged by those armed forces. This should be done in full respect of the Member States’ responsibility for national defence, including the planning, deployment and control of their armed forces.

Amendment 5

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) Cross-border military transport performed directly by the armed forces is hindered by the fact that the Union rules on transport have not set out specific measures to take into consideration the particularities of such transport, which is thus subject to different national rules, and fragmented procedures. Those national requirements are stricter than those applicable to civilian transport operations. Administrative rules (e.g. diplomatic clearance) are often complex and/or paper-based across Member States (e.g. customs). That causes delays, inefficiencies, and bottlenecks and hampers military transport. The Union lacks a uniform framework to ensure and support military transport across its territory and beyond. Such a framework is critical to ensure seamless military transport under any circumstances, and particularly in situations necessitating the swift and large-scale transport of military persons, goods and equipment.(5) Cross-border military transport performed directly by the armed forces is hindered by the fact that the Union rules on transport have not set out specific measures to take into consideration the particularities of such transport, which is thus subject to different national rules, and fragmented procedures. Those national requirements are stricter than those applicable to civilian transport operations. Administrative rules (e.g. diplomatic clearance) are often complex and/or paper-based across Member States (e.g. customs). While significant progress has been made regarding the harmonisation of military customs regimes, differences in interpretation and application still result in delays, inefficiencies, and bottlenecks, thus hampering military transport. The Union lacks a uniform framework to ensure and support military transport across its territory and beyond. Such a framework, which should be created in coordination with NATO, is critical to ensure seamless military transport under any circumstances, and particularly in situations necessitating the swift and large-scale transport of military persons, goods and equipment.

Amendment 6

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) To facilitate the transport of equipment, goods and persons for military or civil protection, there is in particular a need for a comprehensive Union-wide framework for permissions granted by a receiving Member State for military transport operations carried out on its territory by or on behalf of the armed forces of a requesting Member State. While current Technical Arrangements for cross-border movement permission procedures have been developed by the European Defence Agency (‘EDA’) and by some Member States, they are applied on a voluntary basis and unevenly implemented. That creates gaps in the harmonisation of rules and procedures on military transport, results in operational uncertainty, administrative burden and puts at risk the Union’s capacity of intervention in civil protection as well as its overall preparedness. In order to address those issues, cross-border military transport permissions should be streamlined for all transport modes (road, rail, inland waterway, air and sea). All Member States should apply the same procedures for administrative authorisations and diplomatic clearances, thereby significantly reducing delays, administrative burden and administrative costs. Building on the existing annual permissions under the EDA’s Technical Arrangements, it is necessary to increase both predictability and operational readiness by creating a standing military transport permission which should be valid until revoked.(6) To facilitate the transport of equipment, goods and persons for military or civil protection, there is in particular a need for a comprehensive Union-wide framework for permissions granted by a receiving Member State for military transport operations carried out on its territory by or on behalf of the armed forces of a requesting Member State. While current Technical Arrangements for cross-border movement permission procedures have been developed by the European Defence Agency (‘EDA’) and by some Member States, they are applied on a voluntary basis and unevenly implemented. That creates gaps in the harmonisation of rules and procedures on military transport, results in operational uncertainty, administrative burden and puts at risk the Union’s capacity of intervention in civil protection as well as its overall preparedness. In order to address those issues, and to have simplified, harmonised, uniform and digitalised procedures in force, cross-border military transport permissions should be streamlined for all transport modes (road, rail, inland waterway, air and sea) as well as their intermodal or combined use. All Member States should apply the same procedures for administrative authorisations and diplomatic clearances, thereby significantly reducing delays, administrative burden and administrative costs. Building on the existing annual permissions under the EDA’s Technical Arrangements, it is necessary to increase both predictability and operational readiness by creating a standing military transport permission which should be valid until revoked. Member States should ensure that administrative and judicial procedures relating to cross-border military transport operations are carried out under streamlined procedures, with clear, proportionate, and binding deadlines for each stage.

Amendment 7

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(7) Standing military transport permissions should not be tied to any specific military transport operation, but should constitute pre-authorised permissions for cross-border military transport and should cover pre-defined types of military transport operations. When granting standing military transport permissions for military transport operations, Member States should be able to agree on pre-conditions under which those operations are to be carried out, including applicable traffic arrangements and pre-defined routes, in order to facilitate permitted transport operations requiring traffic arrangements using the available dual-use infrastructure.(7) Standing military transport permissions should be the standard procedure as they should not be tied to any specific military transport operation, but should constitute pre-authorised permissions for cross-border military transport and should cover pre-defined types of military transport operations. When granting standing military transport permissions for military transport operations, Member States should be able to agree on pre-conditions under which those operations are to be carried out, including applicable traffic arrangements and pre-defined routes, in order to facilitate permitted transport operations requiring traffic arrangements using the available dual-use infrastructure.

Amendment 8

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) The scope of the standing military transport permission should be specified in order to cover at this stage only simple military transport operations, while providing for the possibility to be extended in the future in order to cover more complex military transport operations. That process should go hand-in-hand with an investment effort to adapt and upgrade infrastructure of the military mobility corridors, enhanced coordination on pre-defined routes for all kind of military transport operations and a reinforced access to transport capabilities.(9) The scope of the standing military transport permission should cover both simple and more complex military transport operations. That process should go hand-in-hand with an investment effort to adapt and upgrade infrastructure of the military mobility corridors, enhanced coordination on pre-defined routes for all kind of military transport operations and a reinforced access to transport capabilities.

Amendment 9

Proposal for a regulation

Recital 10 a (new)

Text proposed by the CommissionAmendment
(10a) When issuing permits for abnormal military transport, competent authorities should take into account the trailer technologies and axle load distribution systems that reduce the negative impact on infrastructure and enhance road safety.

Amendment 10

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In addition to permissions, certain cross-border military transport operations require traffic arrangements. Such arrangements can relate to the routes for the safe transport of abnormal military cargo or dangerous goods, the escorts to accompany military transport operations, the necessary Host-Nation-Support in the context of a military transport operation, or other transport mode-specific traffic safety measures or requirements that go beyond ordinary rules, such as limited access to rail track crossings, blocked roads, or restricted airspace. In addition, in the rail sector, the rail infrastructure manager also needs to allocate an individual train path and give specific authorisation for exceptional transports, while railway undertakings need to carry out route compatibility and train composition checks required for a military transport operation. Such traffic arrangements and path allocations help minimise adverse impacts on civilian transport activities. Common procedures and deadlines for requesting and granting traffic arrangements, including the coordination with infrastructure managers, are needed to harmonise and streamline processes and reduce delays and disruptions. Traffic arrangements established under this Regulation should be without prejudice to other operational procedures or requirements that may be applicable under Union or national legislation for carrying out the concerned military transport operations.(11) In addition to permissions, certain cross-border military transport operations require traffic arrangements. Such arrangements can relate to the routes for the safe transport of abnormal military cargo or dangerous goods, the escorts to accompany military transport operations, the necessary Host-Nation-Support in the context of a military transport operation, or other transport mode-specific traffic safety measures or requirements that go beyond ordinary rules, such as limited access to rail track crossings, blocked roads, or restricted airspace. In addition, in the rail sector, the rail infrastructure manager also needs to allocate an individual train path and give specific authorisation for exceptional transports, while railway undertakings need to carry out route compatibility and train composition checks required for a military transport operation. To facilitate such checks the rail infrastructure manager should ensure that the data in the register of infrastructure referred to in Implementing Regulation (EU) 2019/777 are complete, accurate and up-to-date. Such traffic arrangements and path allocations help minimise adverse impacts on civilian transport activities. Common procedures and deadlines for requesting and granting traffic arrangements, including the coordination with infrastructure managers, are needed to harmonise and streamline processes and reduce delays and disruptions. The Member States should therefore ensure that infrastructure managers have the necessary information to anticipate rail network capacity constraints that may affect military transport operations and, where appropriate, take the necessary measures to mitigate their effects. Traffic arrangements established under this Regulation should be without prejudice to other operational procedures or requirements that may be applicable under Union or national legislation for carrying out the concerned military transport operations.

Amendment 11

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) In order to ensure uniform conditions for the implementation of this Regulation, and in line with the 2024 Military Mobility Pledge’s objective to develop and apply digitalised and harmonised procedures where possible, implementing powers should be conferred on the Commission to establish a secure and restricted Military Mobility Digital Information System to be deployed by 2030. Once this system is deployed all Member States should make use of it for all military transport permission, traffic arrangements and for customs formalities for cross-border military transport related to EU form 302. As to the customs formalities related to EU form 302, the system should be in accordance with relevant Union customs legislation, including the common data requirements constituting the EU Customs Data Model.(13) In order to ensure uniform conditions for the implementation of this Regulation, and in line with the 2024 Military Mobility Pledge’s objective to develop and apply digitalised and harmonised procedures where possible, implementing powers should be conferred on the Commission to establish a secure and restricted Military Mobility Digital Information System by 2027. When establishing the system, the Commission should take into account, and, where possible, use as a basis, existing digital systems set up for this purpose, being used by several Member States and funded by EU funds, such as the European Defence Fund, in order to ensure that the system becomes operational as soon as possible in all Member States, and by 2028 at the latest. The system should be equipped with appropriate cybersecurity tools. Once this system is deployed all Member States should make use of it for all military transport permission, traffic arrangements and for customs formalities for cross-border military transport related to EU form 302. As to the customs formalities related to EU form 302, the system should be in accordance with relevant Union customs legislation, including the common data requirements constituting the EU Customs Data Model. The system should also be compatible with NATO requirements.

Amendment 12

Proposal for a regulation

Recital 14

Text proposed by the CommissionAmendment
(14) Military transport operations should be conducted without undue disruption at the internal border crossings, within the customs territory of the Union, in a way that limits bottlenecks for civilian transport. During the escort of military transport, the flagging of vehicles, and the handling of weapons and ammunition are needed to guarantee both safety and efficiency, and controls at the border could introduce delays that could jeopardise the timeliness of military transport operations. Any necessary control measures should only be conducted at the first planned stop after the internal border of a Member State.(14) Military transport operations should be conducted without undue disruption at the internal border crossings, within the customs territory of the Union, in a way that limits bottlenecks for civilian transport. During the escort of military transport, the flagging of vehicles, and the handling of weapons and ammunition are needed to guarantee both safety and efficiency, and controls at the border could introduce delays that could jeopardise the timeliness of military transport operations. Any necessary control measures should as a general rule, be conducted at the first planned stop after the internal border of a Member State, without prejudice to the right of the receiving Member State to carry out controls at other locations where duly justified on grounds of national security, public safety or risk-related considerations.

Amendment 13

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) Some international agreements already apply to the transport of dangerous goods by or for the armed forces. However, such transport is to a great extent subject to the relevant national rules and permit systems of the Member States. This creates delays and unnecessary administrative burdens. Therefore, the military transport of dangerous goods within the Union by or for the armed forces should be allowed, provided that the same requirements as set out in the relevant international agreements and regulations on the transport of dangerous goods are complied with. In addition, in cases where a NATO Ally that is not a Member State and that is not a party to these agreements is treated as equivalent to a requesting Member State in accordance with this Regulation, it should also be able to carry out military transport of dangerous goods in the Union if it complies with the relevant NATO rules or, if no NATO rules apply, with its applicable national rules, as appropriate.(15) Some international agreements already apply to the transport of dangerous goods by or for the armed forces. However, such transport is to a great extent subject to the relevant national rules and permit systems of the Member States. This creates delays and unnecessary administrative burdens. Therefore, the military transport of dangerous goods within the Union by or for the armed forces should be allowed, provided that the same requirements as set out in the relevant international agreements and regulations on the transport of dangerous goods are complied with. In addition, in cases where a NATO Ally that is not a Member State and that is not a party to these agreements is treated as equivalent to a requesting Member State in accordance with this Regulation, it should also be able to carry out military transport of dangerous goods in the Union if it complies with the relevant NATO rules or, if no NATO rules apply, with its applicable national rules, as appropriate. Liability for safeguarding the integrity of military cargo should not rest with the civilian transport personnel, without prejudice to the professional obligations of civilian operators regarding transport security.

Amendment 14

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) While most Member States grant some exemptions to military transport operations from weekend and holiday travel bans, and similar periodic traffic restrictions, those exemptions differ significantly across the Union. There is therefore a need to introduce a general exemption from such time-based traffic restrictions, in order to ensure that military transport operations are carried out swiftly and smoothly throughout the Union also during those periods.(17) While most Member States grant some exemptions to military transport operations from weekend and holiday travel bans, and similar periodic traffic restrictions, those exemptions differ significantly across the Union. There is therefore a need to introduce a general exemption from such time-based traffic restrictions in all modes of transport (rail, road, air, inland waterways), in order to ensure that military transport operations are carried out swiftly and smoothly throughout the Union also during those periods.

Amendment 15

Proposal for a regulation

Recital 18

Text proposed by the CommissionAmendment
(18) Traffic restrictions applied on specific road sections and based on the environmental performance of vehicles can pose in some circumstances a disproportionate burden on military transports performed directly by the armed forces. That is because military road vehicles are often significantly heavier than civilian road vehicles, meaning there are less zero- or low emission alternatives. In addition, the renewal of such heavy military road vehicles is slower than that of the civilian fleet. For those reasons, military transport carried out directly by the armed forces should be exempted from traffic restrictions applied on specific road sections based on the environmental performance of vehicles.(18) Traffic restrictions applied on specific road sections and based on the environmental performance of vehicles can pose in some circumstances a disproportionate burden on military transports performed directly by the armed forces and/or by civilian operators. That is because military road vehicles are often significantly heavier than civilian road vehicles, meaning there are less zero- or low emission alternatives. In addition, the renewal of such heavy military road vehicles is slower than that of the civilian fleet. For those reasons, military transport carried out directly by the armed forces and/or civilian operators should be exempted from traffic restrictions applied on specific road sections based on the environmental performance of vehicles.

Amendment 16

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Cabotage operations by road in the Union are restricted under Regulation (EC) No 1072/2009 of the European Parliament and of the Council7 . While military transport operations done by the armed forces are excluded from those restrictions, this is not the case for those carried out by contracted civilian hauliers. To facilitate military transport, it is necessary to give Member States the possibility to exempt military transport operations carried out by civilian operators from those restrictions where necessary to facilitate military transport.(19) Cabotage operations by road in the Union are restricted under Regulation (EC) No 1072/2009 of the European Parliament and of the Council7 . While military transport operations done by the armed forces are excluded from those restrictions, this is not the case for those carried out by contracted civilian hauliers. To facilitate military transport, it is necessary to give Member States the possibility to exempt military transport operations carried out by civilian operators from those restrictions where justified.
7 (9)Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72, ELI: http://data.europa.eu/eli/reg/2009/1072/oj).7 (9)Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72, ELI: http://data.europa.eu/eli/reg/2009/1072/oj).

Amendment 17

Proposal for a regulation

Recital 20

Text proposed by the CommissionAmendment
(20) Avoidable delays and unnecessary administrative burden in the transport of goods in the context of military transport operations often stem from an insufficient use by the operators of the facilitations provided for by the Union customs legislation, as well as, to a lesser extent, a divergent national application of Union customs rules. These can also create important bottlenecks that negatively impact civil transport operations. To streamline and simplify customs formalities for cross-border military transport of goods, the Union developed the EU form 302, designed to simplify customs procedures for such military goods. The EU and NATO forms 302 should constitute the standard method for completing relevant customs formalities, unless military authorities in charge of the respective operation otherwise indicate their preference for the submission of standard customs declarations. Member States should support and encourage the use of EU and NATO forms 302. To reinforce the effective implementation of these forms, operators, should use them by default, unless their use is explicitly waived by the military authorities in charge of the respective operation in favour of submitting a standard customs declaration. Where controls are required, they should be prioritised to balance operational needs with risk management, in accordance with Union customs legislation.(20) Avoidable delays and unnecessary administrative burden in the transport of goods in the context of military transport operations often stem from an insufficient use by the operators of the facilitations provided for by the Union customs legislation, as well as, to a lesser extent, a divergent national application of Union customs rules. These can also create important bottlenecks that negatively impact civil transport operations. To streamline and simplify customs formalities for cross-border military transport of goods, the Union developed the EU form 302, designed to simplify customs procedures for such military goods. The EU and NATO forms 302 should constitute the standard method for completing relevant customs formalities, unless military authorities in charge of the respective operation otherwise indicate their preference for the submission of standard customs declarations. Member States should use EU and NATO forms 302. To reinforce the effective implementation of these forms, operators, should use them by default, unless their use is explicitly waived by the military authorities in charge of the respective operation in favour of submitting a standard customs declaration. Where controls are required, they should be prioritised to balance operational needs with risk management, in accordance with Union customs legislation.

Amendment 18

Proposal for a regulation

Recital 21

Text proposed by the CommissionAmendment
(21) Regarding military transport permissions, traffic arrangements, templates, the digital system, transport rules for the uninterrupted transport of military equipment and personnel, the military transport of dangerous goods and abnormal military transport and other rules in relation to holiday traffic bans and cabotage, Member States that are members to NATO should treat any of the NATO Allies as equivalent to requesting Member States in the context of NATO operations, with the exception of rules and provisions related to customs formalities and the related digitalisation of EU form 302. The equivalent treatment laid down in this Regulation shall not put in jeopardy the security and defence interests of the Union and its Member States. This Regulation is to be without prejudice to the application of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), signed in London on 19 June 1951, by Member States that are parties to the North Atlantic Treaty Organisation (NATO).(21) Regarding military transport permissions, traffic arrangements, templates, the digital system, transport rules for the uninterrupted transport of military equipment and personnel, the military transport of dangerous goods and abnormal military transport and other rules in relation to holiday traffic bans and cabotage, Member States that are members of NATO should treat any of the NATO Allies that are not Member States as equivalent to requesting Member States in the context of NATO operations, missions and exercises, with the exception of rules and provisions related to customs formalities and the related digitalisation of EU form 302. The equivalent treatment laid down in this Regulation shall not put in jeopardy the security and defence interests of the Union and its Member States. This Regulation is to be without prejudice to the application of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), signed in London on 19 June 1951, by Member States that are parties to the North Atlantic Treaty Organisation (NATO).

Amendment 19

Proposal for a regulation

Recital 22

Text proposed by the CommissionAmendment
(22) As highlighted in the Action Plan on Military Mobility 2.08 a Union framework is needed to facilitate large-scale and accelerated transport of military personnel and equipment when needed in exceptional circumstances. To that end, a European Military Mobility Enhanced Response System (‘EMERS’) should be established to provide for temporary and extraordinary Union-wide measures to ensure timely and uninterrupted military transport across the Union in such circumstances, while minimising civilian traffic disruption.(22) As highlighted in the Action Plan on Military Mobility 2.08 a Union framework is needed to facilitate large-scale and accelerated transport of military personnel and equipment when needed in exceptional circumstances. To that end, a European Military Mobility Enhanced Response System (‘EMERS’) should be established to provide for temporary and extraordinary Union-wide measures to ensure timely and uninterrupted military transport across the Union in such circumstances, while minimising civilian traffic disruption as much as possible.
8 (10)JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Action Plan on Military Mobility. JOIN/2018/05.8 (10)JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Action Plan on Military Mobility. JOIN/2018/05.

Amendment 20

Proposal for a regulation

Recital 23

Text proposed by the CommissionAmendment
(23) EMERS should be activated by the Council where an existing or expected increase in the volume, frequency, or speed of military transport in the Union cannot be met under the normal Union transport rules or due to the capacity of the Union’s transport network. Such an increased need for military transport could be caused, inter alia, by a deterioration in the Union’s security environment, or natural or human-made crises that would necessitate an involvement of armed forces, affecting the Union as a whole or part of it, or by threats in third countries.(23) EMERS should be activated in an emergency, in a crisis situation or in a lead-up to such a situation by the Council where an existing or expected significant increase in the volume, frequency, or speed of military transport in the Union cannot be met under the normal Union transport rules or due to the capacity of the Union’s transport network. Such an increased need for military transport could be caused, inter alia, by a sudden and profound deterioration in the Union’s security environment, or natural or human-made crises that would necessitate an involvement of armed forces, affecting the Union as a whole or part of it, or by threats in third countries. A collective industrial action that takes place in accordance with national law should not be considered a situation where EMERS may be activated. Considering the importance of military transport through EFTA states that are party to the Agreement on the European Economic Area, shared security interests should be ensured and an effective application of EMERS throughout the EEA should be facilitated.

Amendment 21

Proposal for a regulation

Recital 23 a (new)

Text proposed by the CommissionAmendment
(23a) When assessing the conditions for activating EMERS, the Commission should, in particular, take into account whether an emergency or crisis affecting the security and defence interests of the Union and its Member States has been identified, such as whether that crisis has triggered the activation of the mutual assistance clause pursuant to Article 42(7) TEU.

Amendment 22

Proposal for a regulation

Recital 24

Text proposed by the CommissionAmendment
(24) The activation of EMERS should be initiated on the Commission’s own initiative or upon a reasoned request from at least one Member State. Before submitting a proposal to the Council for the activation of EMERS, the Commission should use all expertise available and collect any relevant information to assess the risk of a significant increase in volume, frequency or speed of military transport within the Union, including through liaising with the High Representative for Foreign Affairs and Security Policy and NATO.(24) The activation of EMERS should be initiated on the Commission’s own initiative or upon a reasoned request from at least one Member State. When an activation request is made by one or more Member States, the Commission should submit the proposal to the Council for the activation of EMERS within 48 hours of receipt of the activation request. The Commission may consult the Military Mobility Transport Group to assess the increase in volume, frequency or speed of military transport within the Union, including through liaising with the High Representative for Foreign Affairs and Security Policy and NATO.

Amendment 23

Proposal for a regulation

Recital 25

Text proposed by the CommissionAmendment
(25) When the Commission determines that the activation of EMERS is justified, it should propose such activation to the Council. After receiving this request, the Council should be able to activate EMERS no later than 48 hours after receiving the activation request, by adopting an implementing act specifying the duration of the application of EMERS, which should not exceed 12 months. The implementing act should also specify which effects of the provisions are to be extended by Member States that are parties to the North Atlantic Treaty to military transports by parties to the North Atlantic Treaty that are not Member States, without prejudice to relevant customs formalities. When the Council decides to extend certain provisions to Allies, it should take into account notably operations, missions and exercises that are commonly agreed within NATO and that relate to the causes of EMERS, and respect security and defence interests of the Union and its Member States. The conferral of these powers to the Council is justified by the sensitive nature of the decision to activate EMERS and the special nature of the emergency measures to be applicable under that mechanism.(25) When the Commission initiates the activation of EMERS on its own initiative, after consulting NATO if appropriate, it should transmit its proposal to the Council and inform, subject to confidentiality arrangements if necessary, the European Parliament. After receiving this request, the Council should be able to activate EMERS as soon as possible and no later than 48 hours after receiving the activation request, by adopting an implementing act specifying the duration of the application of EMERS, which should not exceed 12 months. The implementing act should also specify which provisions are to be extended by Member States that are parties to the North Atlantic Treaty to military transports by parties to the North Atlantic Treaty that are not Member States, taking into account relevant customs formalities. When the Council decides to extend certain provisions to parties of the North Atlantic Treaty that are not Member States, it should take into account notably operations, missions and exercises that are commonly agreed within NATO and that relate to the causes of EMERS, and respect security and defence interests of the Union and its Member States. The conferral of these powers to the Council is justified by the sensitive nature of the decision to activate EMERS and the special nature of the emergency measures to be applicable under that mechanism. EFTA states that are party to the Agreement on the European Economic Area should be invited to participate in the Council's deliberations, be able to express themselves and make suggestions on questions relating to an act activating EMERS.

Amendment 24

Proposal for a regulation

Recital 26

Text proposed by the CommissionAmendment
(26) During the period of activation of EMERS, the Commission should be able to convene meetings of the extraordinary Military Mobility Transport Group, comprising of representatives of the Commission, the European External Action Service (‘EEAS’), including the European Union Military Staff, the EDA and the Member States (representing their governments) and should ensure close coordination with Member States. Member States should promptly inform the Commission of national measures taken in response to EMERS activation, fostering operational coherence and solidarity. The EMERS framework should work in synergy with the emergency frameworks established under IMERA and [EDIP]. In case of activation of EMERS due consideration should be given to the [EDIP] supply crisis state and security-related supply-crisis state and the IMERA Emergency Mode, in particular when it is active, in order to assess the impact on the Single Market, and to determine whether it can serve to complement the military transport operations, notably by ensuring the free-movement of workers.(26) During the period of activation of EMERS, the Commission should be able to convene meetings of the extraordinary Military Mobility Transport Group, comprising of representatives of the Member States (representing their governments), the Commission, the European External Action Service (‘EEAS’), including the European Union Military Staff, the EDA and CINEA and should ensure close coordination with Member States and, if deemed appropriate, with NATO. Member States should promptly inform the Commission of national measures taken in response to EMERS activation, fostering operational coherence and solidarity. The EMERS framework should work in synergy with the emergency frameworks established under IMERA and [EDIP] as well as NATO, including its Euro-Atlantic Disaster Response Coordination Centre (EADRCC), if needed. In case of activation of EMERS due consideration should be given to the [EDIP] supply crisis state and security-related supply-crisis state and the IMERA Emergency Mode, in particular when it is active, and to determine whether it can serve to complement the military transport operations, notably by ensuring the free-movement of workers

Amendment 25

Proposal for a regulation

Recital 27 a (new)

Text proposed by the CommissionAmendment
(27a) During the period of activation of the European Military Mobility Enhanced Response System (EMERS), priority access to transport infrastructure granted for overriding reasons of public security and defence preparedness may lead to unavoidable delays or cancellations of civilian transport services. In such exceptional circumstances, railway undertakings may be required by public authorities or infrastructure managers to interrupt, postpone or cancel services for reasons beyond their control. In order to ensure legal certainty, coherence of Union law and the financial sustainability of rail services in emergency situations, railway undertakings should be compensated by Member States where such disruptions are directly caused by measures taken pursuant to this Regulation. To ensure legal certainty, coherence of Union law, and the financial sustainability of rail services in emergency situations, any contractual or statutory entitlement to compensation for customers of freight transport or under Union passenger rights legislation should be excluded in such cases.

Amendment 26

Proposal for a regulation

Recital 28

Text proposed by the CommissionAmendment
(28) The Council Conclusions on EU Security and Defence9 of 27 May 2024 pledged to ensure that, by 2026 at the latest, a priority access or traffic in emergency or crisis situations may be granted for rail military transport. Priority access for rail or air military transport may be granted under provisions on crisis or emergency under Regulation [Rail Capacity Regulation proposal] of the European Parliament and of the Council10 and under Regulation (EC) No 1008/2008 of the European Parliament and of the Council11 , respectively. However, more specific rules granting priority access, covering all modes of transport and better suited to EMERS, are needed. It is therefore necessary to introduce a horizontal priority access right for the armed forces to transport networks and infrastructure, and related services and facilities, across all modes of transport. Due to the exceptional nature of EMERS and in order to limit the financial burden on the armed forces, no compensation should be due by the armed forces to transport users that are affected by such priority access, for instance because their train is delayed, or they cannot dock at a specific port terminal. In view of these potentially severe and costly consequences for other transport users, priority access for the armed forces is considered justified only where EMERS is activated.(28) The Council Conclusions on EU Security and Defence9 of 27 May 2024 pledged to ensure that, by 2026 at the latest, a priority access or traffic in emergency or crisis situations may be granted for rail military transport. Priority access for rail or air military transport may be granted under provisions on crisis or emergency under Regulation [Rail Capacity Regulation proposal] of the European Parliament and of the Council10 and under Regulation (EC) No 1008/2008 of the European Parliament and of the Council11 , respectively. However, more specific rules granting priority access, covering all modes of transport and better suited to EMERS, are needed. It is therefore necessary to introduce a horizontal priority access right for the armed forces to transport networks and infrastructure, and related services and facilities, across all modes of transport. Such priority access should be implemented in a manner that remains proportionate, temporary and compatible with the continuity of civilian passenger and freight transport services, in particular in highly saturated corridors and logistics nodes. The Commission may conduct an assessment of the impact of the activation of EMERS on the functioning of the internal market and of the possible need for mitigating measures. Due to the exceptional nature of EMERS and in order to limit the financial burden on the armed forces, no compensation should be due by the armed forces to transport users that are affected by such priority access, for instance because their train is delayed, or they cannot dock at a specific port terminal. In view of these potentially severe and costly consequences for other transport users, priority access for the armed forces is considered justified only where EMERS is activated and should be organised in a manner that does not unduly impede the efficient functioning of other critical components of the civilian transport network.
10 (12)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of railway infrastructure capacity in the single European railway area. [Rail Capacity Regulation proposal].10 (12)Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of railway infrastructure capacity in the single European railway area. [Rail Capacity Regulation proposal].
11 (13)Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).11 (13)Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).
9 (11)Council Conclusions on EU Security and Defence - 9225/24.9 (11)Council Conclusions on EU Security and Defence - 9225/24.

Amendment 27

Proposal for a regulation

Recital 32

Text proposed by the CommissionAmendment
(32) During the period of activation of EMERS, more military transport operations involving cabotage may be needed. Member States should therefore exempt all military transport of equipment, goods and personnel from cabotage restrictions during that period.(32) During the period of activation of EMERS, more military transport operations involving cabotage or first and last road legs of combined or intermodal transport may be needed. Member States should therefore exempt all military transport of equipment, goods and personnel from cabotage restrictions during that period

Amendment 28

Proposal for a regulation

Recital 32 a (new)

Text proposed by the CommissionAmendment
(32a) When EMERS is activated, an increase of fuel supply and reserves will be necessary to meet transportation needs, including specific fuel types for military transport. Given the current decline in the Union’s refining capacities, it is of utmost importance to update fuel supply network connections and to increase national fuel stocks in order to guarantee security of fuel supply.

Amendment 29

Proposal for a regulation

Recital 33

Text proposed by the CommissionAmendment
(33) Union rules on driving times, breaks and rest periods for road transport as laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council12 are important to ensure traffic safety and the health and well-being of transport workers. While traffic safety remains essential during the period of activation of EMERS, the limitations that those rules impose on military transport operations can cause critical delays. Therefore, during that period, military transport by road should benefit from less restrictive rules, without compromising workers’ welfare and the safety of the transport.(33) Union rules on driving times, breaks and rest periods for road transport as laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council12 are important to ensure traffic safety and the health and well-being of transport workers. While traffic safety remains essential during the period of activation of EMERS, the limitations that those rules impose on military transport operations can cause critical delays. Therefore, during that period, military transport by road should benefit from less restrictive rules, without compromising workers’ welfare and the safety of the transport. These rules should be harmonised at Union level.
12 (35)Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/561/oj).12 (35)Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/561/oj).

Amendment 30

Proposal for a regulation

Recital 33 a (new)

Text proposed by the CommissionAmendment
(33a) In order to ensure the effective and rapid implementation of the measures provided for under the activation of EMERS, Member States should prepare in advance for the derogations and exemptions provided for in this Regulation. To this end, they should, where appropriate, consult in advance and ensure that the relevant stakeholders are adequately prepared, taking into account the health and safety of the workers concerned.

Amendment 31

Proposal for a regulation

Recital 35

Text proposed by the CommissionAmendment
(35) Union and national rules restricting traffic on the basis of noise, air quality and other environmental criteria support the Union’s objectives of reducing the environmental impact of the transport sector and ensuring the wellbeing of citizens. However, in emergency cases where a higher volume and frequency of military transport operations are needed for overriding reasons of public security, those rules can lead to disproportionate restrictions and delays of such transport. During the period of activation of EMERS, military transport should be exempted from road traffic restrictions based on the environmental performance of vehicles and from restrictions based on air quality and noise control put in place at ports and airports.(35) Union and national rules restricting traffic on the basis of noise, air quality and other environmental criteria support the Union’s objectives of reducing the environmental impact of the transport sector and ensuring the wellbeing of citizens. However, in a crisis situation or in the lead-up to such a situation, where a significantly higher volume and frequency of military transport operations are needed for overriding reasons of public security, those rules can lead to disproportionate restrictions and delays of such transport. During the period of activation of EMERS, military transport should be exempted from road traffic restrictions based on the environmental performance of vehicles and from restrictions based on air quality and noise control put in place at ports and airports.

Amendment 32

Proposal for a regulation

Recital 39

Text proposed by the CommissionAmendment
(39) The EU priority military mobility corridors as set out in the Council ‘Military Requirements for Military Mobility within and beyond the EU’16 are an instrument to facilitate the coordinated implementation of the parts of the trans-European transport network that are of particular military value. They are intended, in particular, to ensure the smooth movement, across the Union and beyond, of military troops and materiel. By focusing on the most urgent investments in dual-use infrastructure along those corridors, and in particular on targeted short-term investments (‘hotspots’), Member States can upgrade those corridors rapidly, and in a coordinated and synchronised manner.(39) The EU priority military mobility corridors as set out in the Council ‘Military Requirements for Military Mobility within and beyond the EU’16 constitute an instrument to facilitate the coordinated implementation of the parts of the trans-European transport network that are of particular military relevance. They are intended, in particular, to ensure the smooth movement of military troops and materiel across the Union and beyond. By focusing on the most urgent strategic investments in dual-use infrastructure along those corridors, and in particular on targeted short-term investments (‘hotspots’), Member States should upgrade and, where necessary, develop those corridors in a rapid, coordinated and synchronised manner. The upgrading of relevant infrastructure is essential to enable a swift and rapid movement of military personnel, equipment, and supplies along those military corridors and, more broadly, to achieve the objectives of this Regulation. To that end, the Commission and Member States concerned should cooperate, in accordance with the relevant legal and cooperation frameworks, with parties to the North Atlantic Treaty that are not Member States but share land borders with Member States where military mobility corridors terminate, in order to encourage, including through the relevant EU funding programmes, the upgrading of their related infrastructure leading to those corridors. In order to support the timely development of those corridors, Member States and the Commission should ensure the availability of adequate funding at Union and national level.
16 ST10440, ADD1, Council ‘Military Requirements for Military Mobility within and beyond the EU’ approved by the Council on 26 June 2023 and 23 October 2023 and any subsequent amendments thereof as approved by the Council.16 ST10440, ADD1, Council ‘Military Requirements for Military Mobility within and beyond the EU’ approved by the Council on 26 June 2023 and 23 October 2023 and any subsequent amendments thereof as approved by the Council.

Amendment 33

Proposal for a regulation

Recital 39 a (new)

Text proposed by the CommissionAmendment
(39a) Whereas Commission Implementing Regulation (EU) 2021/1328 currently restricts the scope of activities eligible for funding under the CEF military mobility envelope to dual-use rail infrastructure, thereby excluding support for the deployment of ERTMS, it is essential to revise this Regulation in order to include ERTMS among eligible actions, as a key building block and enabler of effective cross-border military mobility.

Amendment 34

Proposal for a regulation

Recital 39 b (new)

Text proposed by the CommissionAmendment
(39b) Counter-mobility infrastructure, including dual-use obstacles, fortifications and rapid deployment systems to reinforce border and territorial defence, also forms an important part of military mobility, in particular in the military mobility corridors, prioritising the Eastern and Northern corridors.

Amendment 35

Proposal for a regulation

Recital 40 a (new)

Text proposed by the CommissionAmendment
(40a) Efficient military mobility requires not only the upgrading of transport corridors, but also the development of access points to such networks, including intermodal terminals, logistics hubs and last-mile connections. This is particularly relevant for infrastructure located in close proximity to the Union’s external borders and areas affected by ongoing or potential conflicts, where it plays a key role in ensuring operational readiness, resilience and continuity of military transport.

Amendment 36

Proposal for a regulation

Recital 40 b (new)

Text proposed by the CommissionAmendment
(40b) In the context of Russia’s ongoing war of aggression against Ukraine, the EU’s eastern flank remains highly exposed to cyber and hybrid threats; critical infrastructure protection and the rapid addressing of vulnerabilities across transport networks should be prioritised; the swift and efficient operation of key military mobility corridors, including in the Baltic region and the Suwałki Gap, should be ensured to enable rapid reinforcement and response.

Amendment 37

Proposal for a regulation

Recital 40 c (new)

Text proposed by the CommissionAmendment
(40c) In order to strengthen the resilience and continuity of military mobility in the Union, it will be necessary in the future to address structural bottlenecks in regions where they significantly limit the availability of cross-border connections. This should include the development and upgrading of alternative dual-use routes in order to increase redundancy and ensure uninterrupted military mobility in case of disruption of existing limited corridors.

Amendment 38

Proposal for a regulation

Recital 41 a (new)

Text proposed by the CommissionAmendment
(41a) In order to ensure interoperability of the trans-European transport network, it is necessary to provide for its progressive development, including through migration to the European nominal standard railway gauge of 1435 mm, an axle load of at least 22.5 tonnes, the European Rail Traffic Management System (ERTMS), and the military loading gauge for tunnels. Investments in 1520 mm gauge railway infrastructure should be eligible for funding where it is located on, or directly connected to, Union priority military mobility corridors, and only where such investment is of demonstrated strategic relevance and necessary to ensure the continuity of military transport operations.

Amendment 39

Proposal for a regulation

Recital 41 b (new)

Text proposed by the CommissionAmendment
(41b) When upgrading the dual-use sections of the military mobility corridors, Member States should prioritise the resilience and strategic independence of the energy supply and storage infrastructure, including for alternative fuels, and reduce dependencies on external actors that could compromise operational continuity. Particular attention should be given to urgent strategic investments, including targeted short-term investments (‘hotspots’), to identify and address gaps in storage, distribution and refining capacity that could hamper military transport operations. Adequate aviation fuel capacity should also be ensured.

Amendment 40

Proposal for a regulation

Recital 42

Text proposed by the CommissionAmendment
(42) Directive (EU) 2022/2557 of the European Parliament and of the Council17 requires Member States to identify critical entities that provide essential services across eleven key sectors in the Internal Market, with a view to enhancing the resilience of those critical entities against all hazards, and accounting for both natural and man-made risks. Under Directive (EU) 2022/2557, Member States must also ensure that critical entities take measures to enhance their resilience. In addition, there may be certain dual-use transport, energy and ditigal infrastructure that are critical for military transport, and notably the infrastructure that is located on or along the EU military mobility corridors. This infrastructure has a strategic value that goes beyond national borders. Such strategic dual-use infrastructure (‘SDI’) should therefore be identified and protected by Member States due to its strategic importance under the coordination of the Commission.(42) Directive (EU) 2022/2557 of the European Parliament and of the Council17 requires Member States to identify critical entities that provide essential services across eleven key sectors in the Internal Market, with a view to enhancing the resilience of those critical entities against all hazards, and accounting for both natural and man-made risks. Under Directive (EU) 2022/2557, Member States must also ensure that critical entities take measures to enhance their resilience. In addition, there may be certain dual-use transport, energy, fuel, digital and space infrastructure that are critical for military transport, and notably the infrastructure that is located on or along the EU military mobility corridors. This infrastructure has a strategic value that goes beyond national borders. Such strategic dual-use infrastructure (‘SDI’) should therefore be identified, and protected by Member States due to its strategic importance under the coordination of the Military Mobility Transport Group, and with the support of the Commission, which should also identify appropriate Union financial instruments to support such development.
17 (17)Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164, ELI: http://data.europa.eu/eli/dir/2022/2557/oj).17 (17)Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164, ELI: http://data.europa.eu/eli/dir/2022/2557/oj).

Amendment 41

Proposal for a regulation

Recital 43

Text proposed by the CommissionAmendment
(43) Such SDI should therefore be protected against all hazards, to enhance their resilience and to ensure their effective operation at all times, by Member States and their owners, operators and managers alike. As a minimum, the obligations for critical entities stemming from Directive (EU) 2022/2557 and the requirements for essential and important entities stemming from Directive (EU) 2022/2555 of the European Parliament and of the Council18 should be complied with by the owners, operators and managers of SDI, irrespective of whether they fall within the scope of those Directives.(43) Such SDI should therefore be protected against all hazards and properly maintained, to enhance their resilience and to ensure their effective operation at all times, by Member States and their owners, operators and managers alike. These hazards could among others include cyberattacks, sabotage, espionage, drone threats, interception and manipulation of communication and other hybrid attacks such as intentional and malicious threats or structural failures, utility disruptions, environmental emergencies or operational accidents as unintentional and accidental contingencies. As a minimum, the obligations for critical entities stemming from Directive (EU) 2022/2557 and the requirements for essential and important entities stemming from Directive (EU) 2022/2555 of the European Parliament and of the Council18 should be complied with by the owners, operators and managers of SDI, irrespective of whether they fall within the scope of those Directives. To reduce the risks of cyberattacks, interferences or control from a third country entity over any part of identified SDI, equipment and assets purchased or used to implement basic protection measures should be subject to strict local content requirements and should be prohibited to use, install or integrate components from high-risk suppliers within the meaning of Regulation (EU) …/…[the Regulation contained in document 2026/0011(COD) (Cybersecurity Act)]. Member States should also ensure that no dependency is created towards high-risk suppliers.
18 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, pp. 80 ELI: http://data.europa.eu/eli/dir/2022/2555/oj).18 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, pp. 80 ELI: http://data.europa.eu/eli/dir/2022/2555/oj).

Amendment 42

Proposal for a regulation

Recital 44

Text proposed by the CommissionAmendment
(44) Moreover, following up on the announcements in this respect in the White Paper on the future of European Defence, Member States should also put in place stricter rules on the ownership and control of strategic dual-use infrastructure. While effective screening of new foreign investments into SDI in accordance with Regulation (EU) 2019/452 of the European Parliament and of the Council19 could help in preventing risks related to malicious foreign ownership or control, Member States should also mitigate and address already existing risks of foreign ownership of control in SDI.(44) Moreover, following up on the announcements in this respect in the White Paper on the future of European Defence, Member States should also put in place stricter rules on the construction, ownership and control of strategic dual-use infrastructure. While effective screening of new foreign investments into SDI in accordance with Regulation (EU) 2019/452 of the European Parliament and of the Council19 could help in preventing risks related to malicious foreign ownership or control, Member States should also mitigate and address already existing risks of foreign ownership of control in SDI. In this context, Member States should ensure that foreign ownership is limited. In particular, ownership or control of terminals may confer effective control over port community systems, digital logistics platforms and connected operational technology, creating risks of interference, surveillance or disruption of critical infrastructure through digital or operational means.
19 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj).19 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj).

Amendment 43

Proposal for a regulation

Recital 45

Text proposed by the CommissionAmendment
(45) As highlighted in the Action Plan on Military Mobility 2.0, Member States are faced with capability gaps when it comes to military mobility. Those capability gaps hamper Member States’ ability to perform military transport operations. Hence, empowering the Commission to establish a Solidarity Pool is appropriate to address those capability gaps faced by Member States. The Solidarity Pool should allow Member States to pool and share transport and logistic capabilities, including those enhancing energy security, thereby facilitating their access to the necessary capabilities and enhancing their ability to perform military transport operations.(45) As highlighted in the Action Plan on Military Mobility 2.0, Member States are faced with capability gaps when it comes to military mobility. Those capability gaps hamper Member States’ ability to perform military transport operations. Hence, empowering the Commission to establish a Solidarity Pool is appropriate to address those capability gaps faced by Member States. The Solidarity Pool should allow Member States to pool and share transport and logistic capabilities, including those enhancing energy security, thereby facilitating their access to the necessary capabilities and enhancing their ability to perform military transport operations. Parties to the North Atlantic Treaty that are not Member States and close partners should also be able to register their capabilities if they deem it appropriate and on the basis of an international agreement between the Union and the respective States, defining scope, resources and procedures for registration and use of capabilities in the Solidarity Pool. The Solidarity Pool could take direct inspiration from the European Civil Protection Pool and RescEU under the Union Civil Protection Mechanism. At the same time, differences in scope, resources, and procedures should be respected, reflecting the civilian or dual-use nature of each pool.

Amendment 44

Proposal for a regulation

Recital 45 a (new)

Text proposed by the CommissionAmendment
(45a) The Commission should, together with the Member States and in coordination with NATO, assess capability gaps along military mobility corridors. In order to strengthen the Union’s overall resilience and to be able to respond effectively to a wide range of operational scenarios, it is essential to ensure the availability and interoperability of various capabilities as well as to pool and share, where appropriate, capabilities among Member States.

Amendment 45

Proposal for a regulation

Recital 46

Text proposed by the CommissionAmendment
(46) The Commission should ensure that the Solidarity Pool is set up in a way that encourages Member States to voluntarily share their transport and logistics capabilities, including dual-use mobile assets such as vehicles and vessels, and allows for the efficient use of Union funding to support the deployment and maintenance of those capabilities. The Solidarity Pool should also encompass Union transport and logistic capabilities, including those that are contracted with private operators. Such Union transport and logistic capabilities should have a particular focus on rare and scarce capabilities that are not readily available within the armed forces of Member States, and where Union service contracting could provide significant added value.(46) The Commission should ensure that the Solidarity Pool is set up in a way that encourages Member States to voluntarily share their transport and logistics capabilities, including dual-use mobile assets such as vehicles and vessels, and allows for the efficient use of Union funding to support the production, the deployment and maintenance of those capabilities. The Solidarity Pool should also encompass Union transport and logistic capabilities, including those that are contracted with private operators. The Solidarity Pool should remain continuously available, enabling Member States or commercial operators to draw on registered capabilities whenever they are not required for scheduled support. In cases of overlapping requests, decisions should be made promptly to ensure that resources are deployed where they are most urgently needed. Such Union transport and logistic capabilities should have a particular focus on rare and scarce capabilities that are not readily available within the armed forces of Member States, and where Union service contracting could provide significant added value. Capabilities registered in the Solidarity Pool should be prohibited to use, install or integrate components from high-risk suppliers within the meaning of Regulation (EU) …/…[the Regulation contained in document 2026/0011(COD) (Cybersecurity Act)].

Amendment 46

Proposal for a regulation

Recital 46 a (new)

Text proposed by the CommissionAmendment
(46a) Member States should take necessary steps to clearly define private operators’ legal responsibilities, contractual conditions, liability regimes, insurance requirements and employment conditions in case they are covered by the Solidarity Pool. In order to mitigate operational risks for private operators whose capabilities are registered in the Solidarity Pool, war risk insurance should be provided when they operate in conflict-affected areas.

Amendment 47

Proposal for a regulation

Recital 46 b (new)

Text proposed by the CommissionAmendment
(46b) The Solidarity Pool should be based on a structured and coordinated identification of transport and logistics capability gaps at Union level, taking into account Union priorities for military mobility and Member State competencies. This identification should be based on the expertise of the competent bodies, in particular of the Military Mobility Transport Group, to ensure that the pooled capabilities effectively meet the operational needs of Member States, in particular in emergency situations. The identification should include specialised vehicles, such as medical units and medical transport, to ensure the appropriate treatment and evacuation of the wounded and sick.

Amendment 48

Proposal for a regulation

Recital 47

Text proposed by the CommissionAmendment
(47) Member States should be able to access information about existing dual-use transport capabilities to appropriately plan future military transport operations and identify persisting capability gaps. Most civilian rail and road vehicles, vessels and aircraft are registered in national or European registers. Member States’ visibility over existing capabilities should therefore be improved by ensuring that the national services responsible for military transport have access to those registers. To enhance visibility at Union level and support the planning of military transport, the Commission should also have access to that information.(47) Member States should be able to access information about existing dual-use transport capabilities to appropriately plan future military transport operations and identify persisting capability gaps. Most civilian rail and road vehicles, vessels and aircraft are registered in national or European registers. Member States’ visibility over existing capabilities should therefore be improved by ensuring that the national services responsible for military transport have access to those registers. To enhance visibility at Union level and support the planning of military transport, the Commission should also have access to that information. However, access to registries should be limited to necessary data and subject to confidentiality safeguards and Member State competences. During the period of activation of EMERS, when potentially there could be a lack or shortage of available vehicles in the Solidarity Pool, members of the Military Mobility Transport Group should also be granted access to those national or European registers, in order to identify dual-use vehicles, vessels or aircraft available for military mobility and to be able to ensure quick and swift military movements.

Amendment 49

Proposal for a regulation

Recital 48 a (new)

Text proposed by the CommissionAmendment
(48a) To perform military transport operations by rail and deliver military supplies or ensure civilian evacuation, the dual mode (diesel and electric) locomotives and locomotives with internal combustion engines play an important role, especially in crisis situations, where they represent the only operational solution in the event of a wide-scale shortage or disruption in the supply of electricity to the traction network. Therefore, the Commission should safeguard the role of these technologies.

Amendment 50

Proposal for a regulation

Recital 49

Text proposed by the CommissionAmendment
(49) In exceptional circumstances, military transport operations may necessitate the use of specialised infrastructure, assets or equipment to further facilitate military transport. To ensure uninterrupted access to such critical transport resources, Member States should establish or have in place a framework that enables them to access them in a timely manner when alternative solutions, such as contracting, are not available in the required timeframe.(49) In exceptional circumstances, military transport operations may necessitate the use of specialised infrastructure, assets or equipment to further facilitate military transport. To ensure uninterrupted access to such critical transport resources, Member States should establish or have in place a framework that enables them to access them in a timely manner when alternative solutions, such as contracting, are not available in the required timeframe. Any temporary control or use of infrastructure, assets, or equipment that results in costs or damages should be duly compensated by the Member States. Where infrastructure is damaged, the possibility of financial support from relevant Union funding should be taken into account.

Amendment 51

Proposal for a regulation

Recital 54

Text proposed by the CommissionAmendment
(54) The National Coordinator for Cross-Border Military Transport should be reachable at all times to facilitate the timely exchange of information and requests related to military transport operations, including the receipt and transmission of military transport permission requests and notifications. In order to achieve the objectives of this Regulation, the National Coordinator should also have the necessary expertise and resources to provide advice and support on customs formalities, receive and reply to requests for priority access submitted during a period of activation of EMERS and facilitate the necessary procedures, and have the ability to coordinate with all relevant national, regional, and local level actors involved in military transport operations.(54) The National Coordinator for Cross-Border Military Transport should be reachable at all times to facilitate the timely exchange of information and requests related to military transport operations, including the receipt and transmission of military transport permission requests and notifications. In order to achieve the objectives of this Regulation, the National Coordinator should also have the necessary expertise and resources to provide advice and support on customs formalities, receive and reply to requests for priority access submitted during a period of activation of EMERS and facilitate the necessary procedures, and have the ability to coordinate with all relevant public and private actors at national, regional, and local levels who are involved in military transport operations, including permitting authorities for abnormal transport.

Amendment 52

Proposal for a regulation

Recital 55

Text proposed by the CommissionAmendment
(55) In order to assist the Commission in the implementation of this Regulation and facilitate cooperation and exchange of information among Member States a Military Mobility Transport Group should be established. Such Military Mobility Transport Group is essential to, among other tasks, facilitate cooperation on the granting of military transport permissions and traffic arrangements – particularly among Member States situated along the same military mobility corridors, fostering coordination and cooperation among Member States, including for the implementation of the relevant customs formalities, facilitating the identification and pre-positioning of key transport capabilities for the Solidarity Pool, addressing energy security challenges for military transport operations and in identifying areas where joint procurement of capabilities for military transport can be undertaken. The Military Mobility Transport Group should be allowed to invite, where relevant and with due respect to the security and defence interests of the Union and its Member States, Ukraine, Moldova and European Economic Area countries to attend meetings as observers. Where relevant, the Military Mobility Transport Group should also be allowed to organise joint meetings with the Defence Security of Supply Board set up under Article 57 of Regulation [EDIP proposal], to address issues linked to availability of military assets and capabilities.(55) In order to assist the Commission in the implementation of this Regulation and facilitate cooperation and exchange of information among Member States a Military Mobility Transport Group should be established, building on the work that has so far been carried out by Union agencies and actors across the Union and in the Member States. Such Military Mobility Transport Group is essential to, among other tasks, facilitate cooperation on the granting of military transport permissions and traffic arrangements – particularly among Member States situated along the same military mobility corridors, fostering coordination and cooperation among Member States, including for the implementation of the relevant customs formalities, facilitating the identification and pre-positioning of key transport capabilities for the Solidarity Pool, addressing energy security challenges for military transport operations and in identifying areas where joint procurement of capabilities for military transport can be undertaken. The Military Mobility Transport Group should be allowed to invite, where relevant and with due respect to the security and defence interests of the Union and its Member States, a representative of NATO and representatives of the parties to the North Atlantic Treaty which are not Member States, close partners and European Economic Area countries as well as, where relevant, representatives from the transport and logistics industry to attend meetings as observers. Where relevant, the Military Mobility Transport Group should also be allowed to organise joint meetings with the Defence Security of Supply Board set up under Article 57 of Regulation [EDIP proposal], to address issues linked to availability of military assets and capabilities. When carrying out its tasks, the Military Mobility Transport Group should avoid creating unnecessary new layers of administrative burden.

Amendment 53

Proposal for a regulation

Recital 55 a (new)

Text proposed by the CommissionAmendment
(55a) Cooperation between Member States in the field of military mobility, including in regional formats as well as within the framework of Priority Capability Areas, contributes to improved coordination, interoperability and the effective development of capabilities. Such cooperation should be encouraged and taken into account in the implementation of this Regulation.

Amendment 54

Proposal for a regulation

Recital 55 b (new)

Text proposed by the CommissionAmendment
(55b) Accurate, secure, interoperable and up-to-date geospatial information, including digital mapping, modelling and geographic information systems, plays a key role in supporting both civilian and military transport infrastructure and is essential for route planning, cross-border coordination and the timely deployment of personnel and equipment. The use of geospatial data can facilitate traffic arrangements, enable the identification of suitable transport corridors and improve coordination between relevant authorities, while limiting disruption to civilian traffic. Where appropriate, such data and capabilities should be made available to the Military Mobility Transport Group, Member State authorities and other relevant stakeholders for the purposes of implementing this Regulation, including stress testing and contingency planning.

Amendment 55

Proposal for a regulation

Recital 55 c (new)

Text proposed by the CommissionAmendment
(55c) Recognising that digital systems are essential to the functioning of cross-border military transport, the Regulation should ensure a high level of cybersecurity and resilience measures, aligned with Union cyber resilience policies and NATO standards, to ensure continuity of operations and protection of sensitive data.

Amendment 56

Proposal for a regulation

Recital 55 d (new)

Text proposed by the CommissionAmendment
(55d) The preparedness of transport infrastructure for military mobility relies not only on physical adaptations, such as the removal of bottlenecks and the establishment of corridors, but also on the availability of high-quality, accessible and interoperable digital data supporting the planning and execution of cross-border movements. Directive (EU) 2023/2661 on the provision of EU-wide road traffic information services highlights the importance of both static and real-time data, including information on infrastructure characteristics such as maximum authorised weights and dimensions, speed limits and other operational constraints. Ensuring that such data is made available in a machine-readable format can significantly enhance coordination, predictability and interoperability of military transport across the Union.

Amendment 57

Proposal for a regulation

Recital 56

Text proposed by the CommissionAmendment
(56) To facilitate the effectiveness of military transport operations in the Union, Member States should conduct an annual Military Transport Readiness Check, enabling each Member State to assess its preparedness to perform or contribute to military transport operations, as well as to implement EMERS. Such checks should, among others, help ensure that Member States are adequately prepared to welcome cross-border military transport operations on their territory and that they have taken the necessary measures to facilitate the granting of military transport permissions and to ensure a whole-of-government approach.(56) To facilitate the effectiveness of military transport operations in the Union, Member States should conduct an annual Military Transport Readiness Check, where relevant together with NATO, enabling each Member State to assess its preparedness to perform or contribute to military transport operations, as well as to implement EMERS. Such checks should, among others, help ensure that Member States are adequately prepared to welcome cross-border military transport operations on their territory and that they have taken the necessary measures to facilitate the granting of military transport permissions and to ensure a whole-of-government approach.

Amendment 58

Proposal for a regulation

Recital 57

Text proposed by the CommissionAmendment
(57) The European Council's 2024 Military Mobility Pledge highlighted the need for regular exercises to test cross-border military movements. The Commission's ability to perform stress tests is also essential to evaluate the effectiveness of this Regulation in this regard. Therefore, the Commission should be allowed to conduct stress tests, in collaboration with Member States and relevant Union bodies, to improve the preparedness of Member States and Union-level actors to implement this Regulation. Such tests should focus on aspects such as preparing for the activation of EMERS, assessing the effectiveness of the whole-of-government approach in implementing this Regulation’s objectives, and assessing the implementation of this Regulation’s objectives in specific geographical areas, such as specific military mobility corridors, or sectors, including customs.(57) The European Council's 2024 Military Mobility Pledge highlighted the need for regular exercises to test cross-border military movements. The Commission's ability to perform stress tests is also essential to evaluate the effectiveness of this Regulation in this regard. Therefore, the Commission should be allowed to conduct stress tests, in collaboration with Member States and relevant Union bodies, notably the European Union Aviation Safety Agency, the European Union Agency for Railways, the European Maritime Safety Agency and the European Union Agency for Cybersecurity, to improve the preparedness of Member States and Union-level actors to implement this Regulation. Such tests should focus on aspects such as preparing for the activation of EMERS, assessing the effectiveness of the whole-of-government approach in implementing this Regulation’s objectives, and assessing the implementation of this Regulation’s objectives in specific geographical areas, such as specific military mobility corridors, or sectors, including customs. The tests should also address the Member States’ capacity of ensuring optimal coordination with NATO and also be aligned with the Union’s Integrated Resolve exercise series.

Amendment 59

Proposal for a regulation

Recital 59

Text proposed by the CommissionAmendment
(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to establish a secure and restricted Military Mobility Digital Information System, identify basic protection and resilience measures and enhanced protection measures for strategic dual-use infrastructure, establish a Solidarity Pool guarantying, optimising and facilitating the execution of military transport operations, identify categories of railway vehicles most suitable for use as part of a military transport, establish technical specifications on which such identification may be based, and whether and under what conditions railway undertakings, vehicle keepers and manufacturers should identify such vehicles. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council21 .(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to establish a secure and restricted Military Mobility Digital Information System, ensuring a high level of cybersecurity and protection of sensitive information, identify basic protection and resilience measures and enhanced protection measures for strategic dual-use infrastructure, establish a Solidarity Pool optimising and facilitating the execution of military transport operations, identify categories of railway vehicles most suitable for use as part of a military transport, establish technical specifications on which such identification may be based, and whether and under what conditions railway undertakings, vehicle keepers and manufacturers should identify such vehicles. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council21 .
21 (20)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).21 (20)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

Amendment 60

Proposal for a regulation

Recital 60

Text proposed by the CommissionAmendment
(60) Large numbers of rail vehicles might be considered for dual-use and necessary to fulfil the military transport purposes of the railways. The European Union Agency for Railways (‘ERA’) should be allowed to assist the Commission in establishing criteria for the identification of suitable vehicles. Moreover, in order to bring rail vehicles involved in military transport rapidly and effectively into operation, processes should be streamlined and Member States should be allowed to delegate the authorisation of vehicles that can be used for military transports to ERA. After having granted vehicle authorisations, ERA should be given powers similar to Member States to update information in the European vehicle register (‘'EVR’) with immediate effect. Regulation (EU) 2016/796 of the European Parliament and of the Council22 and Directive (EU) 2016/797 should be amended accordingly. Finally, more generally Regulation (EU) 2016/796 of the European Parliament and the Council should be amended to reflect the European Union Agency for Railways’ role in supporting military mobility by enhancing preparedness, resilience and security of the railway system.(60) Large numbers of rail vehicles might be considered for dual-use and necessary to fulfil the military transport purposes of the railways. The European Union Agency for Railways (‘ERA’) should be allowed to assist the Commission in establishing criteria for the identification of suitable vehicles. Moreover, in order to bring rail vehicles involved in military transport rapidly and effectively into operation, processes should be streamlined and Member States should be allowed to delegate the authorisation of vehicles that can be used for military transports to ERA. After having granted vehicle authorisations, ERA should be given powers similar to Member States to update information in the European vehicle register (‘'EVR’) with immediate effect. Regulation (EU) 2016/796 of the European Parliament and of the Council22 and Directive (EU) 2016/797 should be amended accordingly. Finally, more generally Regulation (EU) 2016/796 of the European Parliament and the Council should be amended to reflect the European Union Agency for Railways’ role in supporting military mobility by enhancing preparedness, resilience and security of the railway system. ERA should coordinate to ensure continuity of operations in the event of cyberattacks or other system failures. This includes the implementation of decentralised control and backup systems for rail infrastructure, as well as coordination with Member States to guarantee rapid recovery and maintain operational readiness.
22 (21)Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/796/oj).22 (21)Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/796/oj).

Amendment 61

Proposal for a regulation

Recital 61

Text proposed by the CommissionAmendment
(61) A robust and continuously available communication services between air and ground assets is crucial for optimising airspace utilization. Regulation (EU) 2024/2803 of the European Parliament and of the Council23 , which entered into force on 1 December 2024, aims to bolster the resilience of critical air traffic infrastructure. It mandates that providers of Communication, Navigation, and Surveillance systems, Aeronautical Information Services, Automatic Dependent Surveillance, Meteorological services, and air traffic control services for aerodrome and approach control are to meet stringent certification and ownership requirements. Those requirements, including the necessity for providers to be more than 50% owned and effectively controlled by Member States or their nationals, are designed to ensure the integrity and security of air traffic services. However, to prevent disruptions to air traffic services, it is essential to amend Regulation (EU) 2024/2803 by postponing the application of its relevant provisions to providers of communication services to maintain their operational readiness,(61) A robust, continuously available and uninterrupted communication services between air and ground assets is crucial for optimising airspace utilization. This also includes recognising air navigation service providers as a strategic dual-use infrastructure (SDI). Regulation (EU) 2024/2803 of the European Parliament and of the Council23 ,which entered into force on 1 December 2024, aims to bolster the resilience of critical air traffic infrastructure. It mandates that providers of Communication, Navigation, and Surveillance systems, Aeronautical Information Services, Automatic Dependent Surveillance, Meteorological services, and air traffic control services for aerodrome and approach control are to meet stringent certification and ownership requirements. Those requirements, including the necessity for providers to be more than 50% owned and effectively controlled by Member States or their nationals, are designed to ensure the integrity and security of air traffic services, as well as strategic autonomy. However, to prevent disruptions to air traffic services, it is essential to amend Regulation (EU) 2024/2803 by postponing the application of its relevant provisions to providers of communication services to maintain their operational readiness,
23 (22)Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj).23 (22)Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj).

Amendment 62

Proposal for a regulation

Recital 64

Text proposed by the CommissionAmendment
(64) Member States and the Commission should take all necessary measures to ensure the protection of confidential information in compliance with, in particular, Commission Decision (EU, Euratom) 2015/44325 , Commission Decision (EU, Euratom) 2015/44426 and the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union27 . Those measures should include, in particular, the obligation not to downgrade or declassify classified information without the prior written consent of the originator. Any non-classified sensitive information or information which is provided on a confidential basis should be handled as such by the authorities.(64) Member States and the Commission should take all necessary measures to ensure the protection of confidential information in compliance with, in particular, Commission Decision (EU, Euratom) 2015/44325 , Commission Decision (EU, Euratom) 2015/44426 and the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union27 . Those measures should include, in particular, the obligation not to downgrade or declassify classified information without the prior written consent of the originator. Any non-classified sensitive information or information which is provided on a confidential basis should be handled as such by the authorities. The Union and its Member States should take all necessary measures to facilitate the information exchange with NATO on military transports and to achieve synergies in this regard in order to enhance defence efforts significantly.
25 (24)Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41, ELI: http://data.europa.eu/eli/dec/2015/443/oj).25 (24)Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41, ELI: http://data.europa.eu/eli/dec/2015/443/oj).
26 (25)Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53, ELI: http://data.europa.eu/eli/dec/2015/444/oj).26 (25)Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53, ELI: http://data.europa.eu/eli/dec/2015/444/oj).
27 (26)Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union (OJ C 202, 8.7.2011, p. 13).27 (26)Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union (OJ C 202, 8.7.2011, p. 13).

Amendment 63

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the CommissionAmendment
This Regulation lays down measures relating to dual-use equipment, means of transport and infrastructure to facilitate military transport in the Union and across its external borders, while minimising and mitigating the impact of such transport on civilian transport.This Regulation lays down measures relating to dual-use equipment, means of transport and infrastructure to facilitate military transport in the Union and across its external borders, while minimising and mitigating the impact of such transport on civilian transport and ensuring, where possible, its continuity, and taking into account the operational, technical and financial implications for civilian dual-use infrastructure.

Amendment 64

Proposal for a regulation

Article 1 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) rules to make dual-use transport infrastructure fit for dual-use purpose and to protect and make strategic dual-use infrastructure resilient against all hazards and threats;(c) rules to make dual-use transport infrastructure fit for dual-use purpose and to protect and make strategic dual-use infrastructure resilient against all hazards and threats in order to maximize continuity and its capacity to ensure both military as civilian transport at all times;

Amendment 65

Proposal for a regulation

Article 1 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) measures to share and pool Union and Member States’ transport and logistic capabilities and increase visibility of existing transport capabilities for military transport.(d) measures to share and pool Union and Member States’ transport and logistic capabilities, increase visibility of existing transport capabilities for military transport and address the Union’s gaps in the area of military transport capabilities.

Amendment 66

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the CommissionAmendment
This Regulation applies to the transport of equipment, goods and personnel that is operated by, or under the responsibility of, the armed forces of the Member States or, in the cases provided for in Articles 17 and 19 of this Regulation, of Allies of the North Atlantic Treaty Organisation (NATO), takes place in part or entirely in the Union and makes use, during that transport, of dual-use infrastructure, assets and capabilities located in the Union.This Regulation applies to the transport of equipment, goods and personnel that is operated by, or under the responsibility of, the armed forces of the Member States, including civil companies acting on their behalf or, in the cases provided for in Articles 17 and 19 of this Regulation, of Allies of the North Atlantic Treaty Organisation (NATO), takes place in part or entirely in the Union and makes use, during that transport, of dual-use infrastructure, assets and capabilities located in the Union.

Amendment 67

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the CommissionAmendment
(1) ‘military transport’ means the transport of equipment, goods or persons, undertaken directly by armed forces, as well as the transport carried out on their behalf by civil companies or other contractors engaged by those armed forces, including in the context of a military exercise, operation or mission, and including, the manned or unmanned transport of vehicles, vessels or aircraft through their own propulsion;(1) ‘military transport’ means the transport of equipment, goods or persons, undertaken directly by armed forces, as well as the transport carried out on their behalf by civil companies or other contractors duly mandated and acting under the authority of those armed forces and holding a valid military transport permission, including in the context of a military exercise, operation or mission, and including, the manned or unmanned transport of vehicles, vessels or aircraft through their own propulsion;

Amendment 68

Proposal for a regulation

Article 3 – paragraph 1 – point 4 a (new)

Text proposed by the CommissionAmendment
(4a) ‘Close partners’ means Ukraine and the Republic of Moldova.

Amendment 69

Proposal for a regulation

Article 3 – paragraph 1 – point 10

Text proposed by the CommissionAmendment
(10) ‘traffic arrangements’ means operational arrangements established by the receiving Member States’ competent authorities specifically to enable military transport operations in their relevant territories, including traffic control services measures, measures to ensure the safe transport of abnormal military cargo and dangerous goods, escorting and any other security arrangements, Host-Nation-Support, and any other transport mode-specific requirements such as the establishment of temporary restricted areas for air movements;(10) ‘traffic arrangements’ means operational arrangements established by the receiving Member States’ competent authorities and the infrastructure owners, managers and operators (public or private entities, specifically to enable military transport operations in their relevant territories, including traffic control services measures, measures to ensure the safe transport of abnormal military cargo and dangerous goods, escorting, ICT systems for transport and any other security arrangements, Host-Nation-Support, and any other transport mode-specific requirements such as the establishment of temporary restricted areas for air movements;

Amendment 70

Proposal for a regulation

Article 3 – paragraph 1 – point 14

Text proposed by the CommissionAmendment
(14) ‘transport capabilities’ means any equipment, transport means or personnel, separately or in combination, that can facilitate, enable and execute military transport operations, as well as mobile assets for the repair of strategic dual-use infrastructure;(14) ‘transport capabilities’ means any equipment, transport means, ICT systems for transport or personnel, separately or in combination, that can facilitate, enable and execute military transport operations, as well as mobile assets for the repair of strategic dual-use infrastructure, and of transport capabilities themselves, including and supported by digital capabilities and use of spatial data and spatial data services, as defined in Directive 2007/2/EC, and road, traffic and travel data as defined in Directive 2023/2661;

Amendment 71

Proposal for a regulation

Article 3 – paragraph 1 – point 15

Text proposed by the CommissionAmendment
(15) ‘logistic capabilities' means the personnel, equipment, and services, that can facilitate, enable, and execute Host-Nation-Support activities, including the storage and distribution of fuel, supplies, and other essential commodities;(15) ‘logistic capabilities' means the personnel, equipment, and services, that can facilitate, enable, and execute Host-Nation-Support activities, including the storage and distribution of fuel, supplies, ICT systems for transport and other essential commodities, including and supported by digital capabilities and use of spatial data and spatial data services, as defined in Directive 2007/2/EC, and road, traffic and travel data as defined in Directive (EU) 2023/2661;

Amendment 72

Proposal for a regulation

Article 3 – paragraph 1 – point 17

Text proposed by the CommissionAmendment
(17) ‘owners, operators and managers of an infrastructure’ means entities responsible for investments in, or day-to-day operation of that infrastructure;(17) ‘owners, operators and managers of an infrastructure’ means entities responsible for investments in, or day-to-day operational, commercial, regulatory and public management of that infrastructure;

Amendment 73

Proposal for a regulation

Article 3 – paragraph 1 – point 17 a (new)

Text proposed by the CommissionAmendment
(17a) ‘Hotspots’ means targeted and particularly short-term investments on transport infrastructure in order to ensure quick operational improvements of the priority military mobility corridors in compliance with the military requirements for military transports;

Amendment 74

Proposal for a regulation

Article 3 – paragraph 1 – point 20 a (new)

Text proposed by the CommissionAmendment
(20a) ‘high-risk supplier’ means an entity established in a third country posing security concerns, or controlled by such third country, by an entity established in such third country, or by a national of such third country;

Amendment 75

Proposal for a regulation

Article 3 – paragraph 1 – point 21 a (new)

Text proposed by the CommissionAmendment
(21a) 'ICT systems for transport’ means ICT systems for transport’ as referred to in Article 43 of TEN-T Regulation (EU) 2024/1679 and encompasses ICT systems for various transport modes (ERTMS, RIS, ITS, VTMIS, ATM/ANS or eFTI);

Amendment 76

Proposal for a regulation

Article 3 – paragraph 1 – point 22 – point a

Text proposed by the CommissionAmendment
(a) of activities arranged by or under the control of the relevant military authorities of one or more Member State(s) or of a third country with which one or more Member State(s) has (have) concluded an agreement to carry out military activities within the customs territory of the Union; or(a) of activities arranged by or under the control of the relevant military authorities and of civil companies acting on their behalf, of one or more Member State(s), or of a third country with which one or more Member State(s) has (have) concluded an agreement to carry out military activities within the customs territory of the Union; or

Amendment 77

Proposal for a regulation

Article 3 – paragraph 1 – point 22 a (new)

Text proposed by the CommissionAmendment
(22a) 'counter-mobility' means any equipment, obstacle, infrastructure, or means put in place to delay or hinder an adversary's movement;

Amendment 78

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
2. The receiving Member States shall take a decision to grant or deny a standing military transport permission no later than two months after receipt of the request for a standing permission.2. The receiving Member States shall take a decision to grant or deny a standing military transport permission no later than one month after receipt of the request for a standing permission.

Amendment 79

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the CommissionAmendment
3. The receiving and requesting Member States shall inasmuch as possible agree, in the standing military transport permission, on the conditions under which the military transport operations covered by that standing military transport permission are to be carried out, if any, including applicable traffic arrangements and pre-defined routes.3. The receiving and requesting Member States shall inasmuch as possible agree, in the standing military transport permission, on the conditions under which the military transport operations covered by that standing military transport permission are to be carried out, if any, including applicable traffic arrangements and pre-defined routes after consultation, where relevant, with the competent infrastructure managers, port authorities, airport managers, railway infrastructure managers and other operators concerned.

Amendment 80

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. When pre-defined routes are established, the receiving Member State shall ensure the mandatory involvement of the competent infrastructure managers and, where relevant, operators of related services or facilities, in order to take account of local technical constraints, existing passenger and freight traffic and infrastructure availability.

Amendment 81

Proposal for a regulation

Article 5 – paragraph 3 b (new)

Text proposed by the CommissionAmendment
3b. Such arrangements shall be carefully designed and implemented so that civilian transport and the usual working conditions of transport workers are disrupted only where, and to the extent that, this is necessary and proportionate.

Amendment 82

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States, notably those situated along the same military mobility corridor, may align their standing military transport permissions and coordinate in advance, in particular to ensure coherence of traffic arrangements and pre-defined routes.4. Member States, notably those situated along the same military mobility corridor, shall align their standing military transport permissions and coordinate in advance, in particular to ensure coherence of traffic arrangements and pre-defined routes.

Amendment 83

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the CommissionAmendment
5. Standing military transport permissions shall be valid until explicitly suspended or revoked by the receiving Member State. The Member State shall only suspend or revoke a standing military transport permission in the case of force majeure or where there is a serious threat to public policy, public order or national security in that Member State and it shall provide justification. The receiving Member State revoking or suspending the permission shall notify the requesting Member State as early as possible.5. Standing military transport permissions shall be valid until explicitly suspended or revoked by the receiving Member State. The Member State shall only suspend or revoke a standing military transport permission in the case of force majeure or where there is a serious threat to public policy, public order or national security and it shall inform the requesting Member State and the Commission without undue delay, including the reasons therefore.

Amendment 84

Proposal for a regulation

Article 5 – paragraph 8

Text proposed by the CommissionAmendment
8. The notification referred to in paragraph 7 shall be sent at the latest 72 hours before the scheduled time of arrival at the border crossing point of the receiving Member State. In the case of transit through several Member States, the requesting Member State shall submit the notification to all receiving Member States at the same time. When the notification includes one or more requests for traffic arrangements, the receiving Member States shall coordinate and process these requests simultaneously to ensure coherent traffic arrangements for the military transport. The receiving and requesting Member State may, in the standing military transport permission, agree on a shorter deadline for notifications of military transport operations.8. The notification referred to in paragraph 7 shall be sent at the latest 72 hours before the scheduled time of arrival at the border crossing point of the receiving Member State. In the case of transit through several Member States, the requesting Member State shall submit the notification to all receiving Member States at the same time. When the notification includes one or more requests for traffic arrangements, the receiving and requesting Member States shall coordinate and process these requests simultaneously to ensure coherent traffic arrangements for the military transport. The receiving and requesting Member State may, in the standing military transport permission, agree on a shorter deadline for notifications of military transport operations.

Amendment 85

Proposal for a regulation

Article 5 – paragraph 9

Text proposed by the CommissionAmendment
9. Upon receipt of a notification as referred to in paragraph 7, the receiving Member State may determine specific traffic arrangements for the military transport operation in question or impose conditions on that military transport operation, including the use of specific routes, in particular where that is necessary for the safe transport of abnormal military cargo or dangerous goods in accordance with Articles 10 and 11. In such cases, it shall coordinate the necessary arrangements with the requesting Member State without undue delay, in order to make sure that the military transport operation can take place as scheduled.9. Upon receipt of a notification as referred to in paragraph 7, the receiving Member State may determine specific traffic arrangements for the military transport operation in question or impose conditions on that military transport operation, including for reasons of transport safety, infrastructure capacity, critical infrastructure protection, public order or national security. In such cases, it shall coordinate the necessary arrangements with the requesting Member State without undue delay, in order to make sure that the military transport operation can take place as scheduled. For the purpose of abnormal military cargo inspection in relation to the standing military transport permission, consignments should be categorized based on their size data, if possible. When determining such arrangements, the receiving Member State shall take into account the requirements related to the transition from the trans-European transport network to local infrastructure at the extremities of military mobility corridors (the ‘last mile’), as referred to in Article 29, in particular where such operations involve heavy military equipment exceeding standard civilian load classes, including Military Load Class (MLC) 80.

Amendment 86

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
1. An ad hoc military transport permission may be granted by the receiving Member State to the requesting Member State for one or several military transport operations which are not covered by a valid standing military permission. It shall be valid only for the duration specified in the ad hoc military transport permission.1. An ad hoc military transport permission may be granted by the receiving Member State to the requesting Member State for one or several military transport operations which are not covered by a valid standing military permission. It shall be valid only for the duration specified in the ad hoc military transport permission or in case there is no standing military transport permission in force between the requesting and the receiving Member States.

Amendment 87

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the CommissionAmendment
2. The requesting Member State shall make the request for an ad hoc military transport permission as early as possible, and in any case in due time to allow the receiving Member State to grant or deny the permission in accordance with paragraph 3. Where the requesting Member State seeks Host-Nation-Support or other traffic arrangements, such request for traffic arrangements shall be included in the request for the ad hoc military transport permission. In the case of transit through several Member States, the requesting Member State shall submit the request to all receiving Member States at the same time. The receiving Member States shall then coordinate and process the requests simultaneously to ensure coherent traffic arrangements for the military transport.2. The requesting Member State shall make the request for an ad hoc military transport permission as early as possible, and in any case in due time to allow the receiving Member State to grant or deny the permission in accordance with paragraph 3. Where the requesting Member State seeks Host-Nation-Support or other traffic arrangements, such request for traffic arrangements shall be included in the request for the ad hoc military transport permission. In the case of transit through several Member States, the requesting Member State shall submit the request to all receiving Member States at the same time. The receiving and requesting Member States shall then coordinate and process the requests simultaneously to ensure coherent traffic arrangements for the military transport.

Amendment 88

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the CommissionAmendment
3. The receiving Member State shall take a decision to grant or deny the ad hoc permission no later than three working days after the receipt of the ad hoc permission request. In its decision to grant an ad hoc military transport permission, the receiving Member State may determine specific traffic arrangements for the military transport operation in question or impose conditions on that military transport operation, including the use of specific routes, in particular where that is necessary for the safe transport of abnormal military cargo or dangerous goods in accordance with Articles 10 and 11. In such cases, it shall coordinate the necessary arrangements with the requesting Member State without undue delay, in order to make sure that the military transport operation can take place as scheduled.3. The receiving Member State shall take a decision to grant or deny the ad hoc permission as soon as possible and no later than two working days after the receipt of the ad hoc permission request. In its decision to grant an ad hoc military transport permission, the receiving Member State may determine specific traffic arrangements for the military transport operation in question or impose conditions for reasons of transport safety, infrastructure capacity, critical infrastructure protection, public order or national security on that military transport operation, including the use of specific routes, in particular where that is necessary for the safe transport of abnormal military cargo or dangerous goods in accordance with Articles 10 and 11. In such cases, it shall coordinate the necessary arrangements with the requesting Member State without undue delay, in order to make sure that the military transport operation can take place as scheduled.

Amendment 89

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. Such arrangements shall be carefully designed and implemented so that civilian transport and the usual working conditions of transport workers are disrupted only where, and to the extent that, this is necessary and proportionate.

Amendment 90

Proposal for a regulation

Article 6 – paragraph 6

Text proposed by the CommissionAmendment
6. The requesting Member State may modify a previously submitted request for an ad hoc military transport permission. It shall do so no later than three working days prior to the originally scheduled date of arrival at the border crossing point. The receiving Member State shall reply to modification requests without undue delay.6. The requesting Member State may modify a previously submitted request for an ad hoc military transport permission. It shall do so as soon as possible and no later than two working days prior to the originally scheduled date of arrival at the border crossing point. The receiving Member State shall reply to modification requests without undue delay.

Amendment 91

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
1. Before carrying out a military transport operation by rail, the requesting Member State, directly or through a railway undertaking carrying out the military transport on behalf of that requesting Member State, shall request an individual train path from the rail infrastructure manager(s) in the receiving Member State pursuant to Article 48 of Directive 2012/34/EU of the European Parliament and of the Council33 .1. Before carrying out a military transport operation by rail, the requesting Member State, directly or through a railway undertaking carrying out the military transport on behalf of that requesting Member State, shall request an individual train path from the rail infrastructure manager(s) in the receiving Member State pursuant to Article 48 of Directive 2012/34/EU of the European Parliament and of the Council33, taking into account the available rail capacity and the need to ensure the continuity of existing passenger and freight transport services.
33 (32)Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32, ELI: http://data.europa.eu/eli/dir/2012/34/oj).33 (32)Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32, ELI: http://data.europa.eu/eli/dir/2012/34/oj).

Amendment 92

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the CommissionAmendment
2. Where the cooperation of the infrastructure manager is required to ensure that the rail vehicles, in particular when carrying abnormal military cargo, are compatible with the route and are properly integrated in the composition of the train in accordance with Article 23 of Directive (EU) 2016/797, the infrastructure manager shall provide the necessary information to the rail undertaking and facilitate any required testing, as soon as possible.2. Where the cooperation of the infrastructure manager is required to ensure that the rail vehicles, in particular when carrying abnormal military cargo, are compatible with the route and are properly integrated in the composition of the train in accordance with Article 23 of Directive (EU) 2016/797, the infrastructure manager shall provide the necessary information to the rail undertaking and facilitate any required testing, as soon as possible. The infrastructure manager shall ensure the coordination of abnormal military cargo, if requested.

Amendment 93

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the CommissionAmendment
Any necessary control measures in relation to the escort of military transport operations, flagging of vehicles of a military transport and weapons and ammunition, for military transport operations within the Union, shall only be carried out at the military transport operation’s first planned stop after the internal border of a Member State to ensure uninterrupted military transport.Any necessary control measures in relation to the escort of military transport operations, flagging of vehicles of a military transport and weapons and ammunition, for military transport operations within the Union, shall only be carried out at the military transport operation’s first planned stop after the internal border of a Member State to ensure uninterrupted military transport. Additional control measures may be carried out only in exceptional situations when they are strictly required due to immediate and serious public security or safety concerns and shall not unduly delay the transport.

Amendment 94

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the CommissionAmendment
2. Military transport operations carried out in accordance with Article 17 by the armed forces of a NATO Ally that is not a contracting party to ADR, ADN, RID, IMDG Code or ICAO-TI shall be permitted if they comply with NATO AMovP-6 or, if these do not apply, with the national rules applicable in the country of origin, as appropriate.2. Military transport operations carried out in accordance with Article 17 by the armed forces of a NATO Ally that is not a contracting party to ADR, ADN, RID, IMDG Code or ICAO-TI shall be permitted if they comply with NATO AMovP-6 or, if these do not apply, with the national rules applicable in the country of origin, provided that such rules ensure a level of safety equivalent to NATO AMovP-6.

Amendment 95

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. Member States shall fully recognise military procedures applied in accordance with NATO AMovP-6, including for tactically loaded vehicles or equipment, and shall not impose additional administrative requirements or territorial limitations that would unduly restrict the operational flexibility provided under a valid standing military transport permission.

Amendment 96

Proposal for a regulation

Article 10 – paragraph 3 b (new)

Text proposed by the CommissionAmendment
3b. Member States shall ensure a clear allocation of responsibilities between military authorities, competent national authorities and infrastructure operators regarding safety, liability and incident management related to dangerous goods transported under military mobility operations.

Amendment 97

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Vehicle and trailer configurations, axle load distribution systems and other technological solutions shall be taken into account by the receiving Member State in the decision to grant or deny the permission for abnormal military cargo.

Amendment 98

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the CommissionAmendment
1. Military transport carried out under a valid military transport permission referred to in Articles 5 and 6 shall be permitted during weekends, public holidays, national celebrations, nighttime, and any other period that may be subject to traffic restrictions.1. Military transport carried out under a valid military transport permission referred to in Articles 5 and 6 shall be:
(a) permitted during weekends, public holidays, national celebrations, nighttime, and any other period that may be subject to traffic restrictions.
(b) exempted from traffic restrictions that apply on specific road sections and are based on the environmental performance of vehicles.

Amendment 99

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall exempt military transport operations undertaken directly by the armed forces from traffic restrictions that apply on specific road sections and are based on the environmental performance of vehicles.deleted

Amendment 100

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall inform the Commission and other Member States of such exemptions.2. Member States shall inform the Commission and other Member States of such exemptions. The notification must provide the justification for the exemption.

Amendment 101

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the CommissionAmendment
The Commission may adopt implementing acts establishing a secure and restricted Military Mobility Digital Information System (the System), taking into account the following requirements:No later than 6 months from the date of entry into force of this Regulation, the Commission shall adopt implementing acts establishing a secure, protected and restricted Military Mobility Digital Information System (the System), taking into account the following requirements:

Amendment 102

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) the System shall be deployed by 2030;(a) the System shall be operational as soon as possible and no later than by 2028;

Amendment 103

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point a a (new)

Text proposed by the CommissionAmendment
(aa) the System shall, where possible, be based on already existing systems with similar functionality;

Amendment 104

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point d

Text proposed by the CommissionAmendment
(d) the System shall with the exception of the relevant customs legislation take into account military transport in the context of NATO operations, as laid out in Article 17;(d) the System shall take into account the relevant customs legislation and comply with the requirements of military transport procedures used in the context of NATO operations, as laid out in Article 17 and including data requirements related to NATO Form 302;

Amendment 105

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e

Text proposed by the CommissionAmendment
(e) the System shall ensure interoperability where required and shall be developed using Union and international standards, with due regard to EU customs legislation.(e) the System shall ensure interoperability and shall be developed using Union, NATO and international standards, with due regard to EU customs legislation.

Amendment 106

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e a (new)

Text proposed by the CommissionAmendment
(ea) the System shall ensure full technical interoperability, where relevant, with NATO digital logistics and movement systems, including LOGFAS, in order to avoid double data entry;

Amendment 107

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e b (new)

Text proposed by the CommissionAmendment
(eb) the System shall also be supported by spatial data and spatial data services, as defined in Directive 2007/2/EC;

Amendment 108

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e c (new)

Text proposed by the CommissionAmendment
(ec) contingency procedures shall be established to ensure continuity of operations in the event of temporary unavailability, degradation or cyber-compromise of the System;

Amendment 109

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e d (new)

Text proposed by the CommissionAmendment
(ed) The System shall be designed and operated in accordance with the security and resilience requirements of the NIS2 Directive and the Cyber Resilience Act. It shall implement data classification, compartmentalisation and audit capabilities to protect sensitive and classified information;

Amendment 110

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e e (new)

Text proposed by the CommissionAmendment
(ee) the System shall ensure that the data, documents and information exchanged or stored are hosted within the territory of the Union.

Amendment 111

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 45(4).That implementing act shall be adopted in accordance with the examination procedure referred to in Article 45(4). It shall clearly define governance arrangements and responsibilities for cybersecurity and data protection.

Amendment 112

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the CommissionAmendment
2. Where the System is established and becomes operational, Member States shall make use of it for all procedures covered by this Chapter, including for customs formalities related to EU form 302, referred to in this Regulation.2. Where the System is established and becomes operational, Member States shall make use of it for all procedures covered by this Chapter, including for EMERS and customs formalities related to EU form 302, as well as for authorisation procedures, referred to in this Regulation.

Amendment 113

Proposal for a regulation

Article 15 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Customs authorities shall establish secure interfaces to enable the automated exchange of data from Union Form 302. These interfaces shall be designed to ensure a high level of data security, in accordance with applicable Union law on data protection and cybersecurity, in particular by ensuring the confidentiality, integrity, and availability of information, as well as access limited to authorized persons only.

Amendment 114

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the CommissionAmendment
1. Where the Military Mobility Digital Information System referred to in Article 14 is established and becomes operational, customs authorities of the Member States shall use it for the purpose of the exchange and storage of information related to EU form 302, based on common data requirements defined in accordance with Article 36 of Regulation (EU) [customs reform]. Customs authorities of the Member States and the European Union Customs Authority shall have access to that system to perform their customs obligations in the context of military mobility.1. Where the Military Mobility Digital Information System referred to in Article 14 is established and becomes operational, customs authorities of the Member States shall use it for the purpose of the exchange and storage of information related to EU form 302, based on common data requirements defined in accordance with Article 36 of Regulation (EU) [customs reform]. Customs authorities of the Member States and the European Union Customs Authority shall have access to that system to perform their customs obligations in the context of military transport.

Amendment 115

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The decision to activate such fallback procedures, including the use of paper-based procedures and NATO Form 302, shall be taken without delay by the competent national military authorities and shall not be subject to prior authorisation at Union level.

Amendment 116

Proposal for a regulation

Article 17 – title

Text proposed by the CommissionAmendment
Military transport in the context of NATO operationsMilitary transport in the context of operations, missions and exercises by NATO and with close partners

Amendment 117

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the CommissionAmendment
1. As regards military transport in the context of operations, missions and exercises that are commonly agreed within the North Atlantic Treaty Organisation (NATO), as well as in the context of operations, missions and exercises at multilateral and bilateral level among NATO members, Member States that are parties to the North Atlantic Treaty shall treat other parties to the North Atlantic Treaty as equivalent to requesting Member States for the purposes of Articles 4 to 13 in this Section. In this case, they shall apply the rules in Articles 4 to 13 of this Section mutatis mutandis and without prejudice to the security and defence interests of the Union and its Member States.1. As regards military transport in the context of operations, missions and exercises that are commonly agreed within the North Atlantic Treaty Organisation (NATO), as well as in the context of operations, missions and exercises at multilateral and bilateral level among NATO members, Member States that are parties to the North Atlantic Treaty shall treat other parties to the North Atlantic Treaty that are not Member States as equivalent to requesting Member States for the purposes of Articles 4 to 13 in this Section. In this case, they shall apply the rules in Articles 4 to 13 of this Section mutatis mutandis and without prejudice to the security and defence interests of the Union and its Member States. EU mechanisms relating to military transport shall be interoperable and compatible with NATO mechanisms relating to military transport.

Amendment 118

Proposal for a regulation

Article 17 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. As regards military transport in the context of operations, missions and exercises that are conducted at multilateral and bilateral level with close partners, Member States may treat close partners as equivalent to requesting Member States for the purposes of Articles 4 to 13 in this Section. In this case, they shall apply the rules in Articles 4 to 13 of this Section mutatis mutandis and without prejudice to the security and defence interests of the Union and its Member States.

Amendment 119

Proposal for a regulation

Article 17 – paragraph 2 b (new)

Text proposed by the CommissionAmendment
2b. In order to support the effective implementation of military transport in the context of operations, missions and exercises conducted with close partners, Member States and the Union endeavour to further develop cooperation with such partners, including, where appropriate, through the conclusion of bilateral or multilateral agreements. Such agreements may facilitate the practical organisation and execution of cross-border military transport, including by promoting regulatory alignment, interoperability and coordinated procedures, in full respect of the Union’s legal framework and applicable procedures for the conclusion of international agreements.

Amendment 120

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the CommissionAmendment
1. EMERS may be activated in accordance with the procedure set out in paragraph 2 where there is an existing or an expected need for significantly higher volumes, frequency or speed of military transport in the Union or any part thereof, and the existing rules on military transport and the capacity of the transport network do not allow or are not sufficient for that need to be met.1. EMERS may be activated in accordance with the procedure set out in paragraph 2 where there is an emergency or crisis situation, or in the lead-up to such a situation, requiring significantly higher volumes, frequency or speed of military transport in the Union or any part thereof, and the existing rules on military transport and the capacity of the transport network do not allow or are not sufficient for that need to be met. When assessing if the conditions set out in paragraph 1 of this Article are met pursuant to paragraph 2, the Commission shall, in particular, take into account whether an emergency or crisis affecting the security and defence interests of the Union and its Member States has been identified, for instance whether that crisis has triggered the activation of the mutual assistance clause pursuant to Article 42(7) TEU.

Amendment 121

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the CommissionAmendment
Where the Commission considers that the conditions set out in paragraph 1 are met, or upon a reasoned request of at least one Member State, the Commission shall submit to the Council a proposal for an implementing act to activate EMERS as soon as possible.Where the Commission considers that the conditions set out in paragraph 1 are met, it shall submit to the Council a proposal for an implementing act to activate EMERS. Where the Commission receives a reasoned request of at least one Member State, the Commission shall submit to the Council a proposal for an implementing act to activate EMERS within 48 hours of receipt of the activation request. The proposal shall include a reasoned assessment of the conditions pursuant to paragraph 1. The European Parliament shall be informed about the proposal by the Commission, subject to confidentiality arrangements if necessary.

Amendment 122

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
Prior to requesting activation of EMERS and where it is possible in view of the urgency, the Commission shall consult the Military Mobility Transport Group.In view of preparing the proposal for an implementing act to activate EMERS the Commission shall, if appropriate, consider relevant NATO mechanisms, requirements and assessments. The Commission shall consult the Military Mobility Transport Group.

Amendment 123

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 3

Text proposed by the CommissionAmendment
Prior to requesting activation or in parallel the Commission shall conduct an assessment of the impact of the activation of EMERS on the functioning of the internal market and of the possible need for mitigating measures.deleted

Amendment 124

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Where the Commission submits to the Council a proposal for an implementing act to activate EMERS, the European Parliament shall organise a debate on the matter during the plenary session following the submission of such proposal.

Amendment 125

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
The Council, acting on the proposal of the Commission referred to in paragraph 2, may adopt the implementing act to activate the EMERS no later than 48 hours after receiving the activation request. The implementing act of the Council shall specify the duration of the application of EMERS, which shall not exceed 12 months.The Council, acting on the proposal of the Commission referred to in paragraph 2, may adopt the implementing act to activate the EMERS as soon as possible and no later than 48 hours after receiving the proposal for an implementing act. The implementing act of the Council shall specify the duration of the application of EMERS, which shall be limited to what is necessary and proportionate, and which shall not exceed 12 months.

Amendment 126

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
The Council shall specify in the implementing act activating EMERS which effects of the provisions of this Section are to be extended by Member States that are parties to the North Atlantic Treaty to military transports by parties to the North Atlantic Treaty that are not Member States, without prejudice to relevant customs formalities. Member States that are not parties to the North Atlantic Treaty may decide to apply the same extension of the rules of EMERS to parties to the North Atlantic Treaty that are not Member States. When deciding to extend certain EMERS provisions to parties to the North Atlantic Treaty that are not Member States, the Council shall take into account notably operations, missions and exercises that are commonly agreed within NATO and that relate to the causes of EMERS and shall respect security and defence interests of the Union and its Member States.The Council shall specify in the implementing act activating EMERS which provisions of this Section are to be extended by Member States that are parties to the North Atlantic Treaty to military transports by parties to the North Atlantic Treaty that are not Member States, without prejudice to relevant customs formalities. Where the Council decides on the extension of certain provisions under EMERS to parties to the North Atlantic Treaty that are not Member States, it shall invite those countries to its meetings, in order to ensure effective coordination with them. EFTA states that are party to the Agreement on the European Economic Area shall be invited to participate in the Council's deliberations, be able to express themselves and make suggestions on questions relating to an act activating EMERS. Member States that are not parties to the North Atlantic Treaty may decide to apply the same extension of the rules of EMERS to parties to the North Atlantic Treaty that are not Member States. When deciding to extend certain EMERS provisions to parties to the North Atlantic Treaty that are not Member States, the Council shall by consulting NATO, if deemed appropriate, as a matter of priority, take into account military transport needs that are commonly agreed within NATO and that relate to the causes of EMERS and shall respect security and defence interests of the Union and its Member States.

Amendment 127

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the CommissionAmendment
4. During the application of EMERS, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the Military Mobility Transport Group where necessary. Member States shall work closely with the Commission, by informing it in a timely manner about and coordinating with it any national measures taken with regard to the activation of EMERS.4. During the application of EMERS, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the Military Mobility Transport Group where necessary. Member States and the Commission shall work closely together, by informing each other in a timely manner. Member States shall coordinate with the Commission, any national measures taken with regard to the activation of EMERS.

Amendment 128

Proposal for a regulation

Article 19 – paragraph 5

Text proposed by the CommissionAmendment
5. Upon reasoned request of at least one Member State, or on its own initiative, the Commission shall assess whether the conditions pursuant to paragraph 1 continue to be met and submit to the Council a new proposal, where appropriate. Based on the Commission’s assessment, the Council may decide to extend EMERS or to terminate it before the end of the deadline set out in the Council implementing act referred to in paragraph 3, in accordance with the procedure set out in paragraph 2. Each implementing act extending the application of EMERS shall remain in force for a period not exceeding 12 months. If further extension is needed after that date, the same procedure provided for in this Article shall apply.5. Upon reasoned request of at least one Member State, or on its own initiative, and, in any case, every six months after the decision to activate EMERS, the Commission shall make an assessment of the impact of the activation of EMERS on the functioning of the internal market and social rights, and shall assess whether the conditions pursuant to paragraph 1 continue to be met and submit to the Council a new proposal for an implementing act, where appropriate. Based on the Commission’s assessment, and where appropriate on the position of the European Parliament, the Council may decide to extend EMERS or to terminate it before the end of the deadline set out in the Council implementing act referred to in paragraph 3, in accordance with the procedure set out in paragraph 2. Each implementing act extending the application of EMERS shall remain in force for a period not exceeding 3 months. If further extension is needed after that date, the same procedure provided for in this Article shall apply for every additional extension by 3 months.

Amendment 129

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the CommissionAmendment
1. During the period of activation of EMERS, Member States, as well as infrastructure owners, operators and managers or, as the case may be, related services or facilities providers, shall grant military transports, including abnormal military transports or transports of dangerous goods, priority access to transport networks and infrastructure, including road networks, roadside parking and rest areas, rail networks, stations, and service facilities, maritime and inland waterways infrastructure, including internal waters and territorial seas as defined in the United Nations Convention on the Law of the Sea (UNCLOS), sea lanes, fairways, dredged channels, port approaches, straits used for international navigation, and areas under maritime traffic management or pilotage, locks, ports and port terminals, sea canals, aerodromes, airspace, multimodal freight terminals, refuelling/recharging infrastructure for all modes of transport, and related services and facilities.1. During the period of activation of EMERS, Member States, as well as infrastructure owners, operators and managers or, as the case may be, related services or facilities providers, shall grant military transports, including abnormal military transports or transports of dangerous goods, priority access to transport networks and infrastructure, including road networks, safe and secure roadside parking and rest areas, rail networks, stations, and service facilities, maritime and inland waterways infrastructure, including internal waters and territorial seas as defined in the United Nations Convention on the Law of the Sea (UNCLOS), sea lanes, fairways, dredged channels, port approaches, straits used for international navigation, and areas under maritime traffic management or pilotage, locks, ports and port terminals, sea canals, aerodromes, airspace, multimodal freight terminals, refuelling/recharging infrastructure for all modes of transport, and related services and facilities.

Amendment 130

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the CommissionAmendment
3. The request referred to in paragraph 2 shall be submitted as soon as possible and shall include the information necessary to appropriately prepare the priority access of the military transport. It shall in particular specify the expected arrival time and duration of the priority access and the number of vehicles, a description of the cargo, their respective dimensions and weights. It shall also specify whether the military transport includes dangerous goods and their nature. It may include an application for the traffic arrangements referred to in Article 20(2).3. The request referred to in paragraph 2 shall be submitted as soon as possible and shall include the information necessary to appropriately prepare the priority access of the military transport. It shall in particular specify the expected arrival time and duration of the priority access and the types and number of vehicles, a description of the cargo, their respective dimensions and weights. It shall also specify whether the military transport includes dangerous goods and their nature, as well as any information necessary to assess the potential impact on civilian transport operations and infrastructure capacity. It may include an application for the traffic arrangements referred to in Article 20(2).

Amendment 131

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the CommissionAmendment
4. The National Coordinator for Cross-Border Military Transport of the receiving Member State shall promptly inform the affected infrastructure owners, operators and managers or, as the case may be, related services or facilities providers of the request for priority access, that they are likely to be concerned by the military transport operation so that they can grant priority in accordance with paragraph 6.4. The National Coordinator for Cross-Border Military Transport of the receiving Member State shall promptly inform the affected infrastructure owners, operators and managers or, as the case may be, related services or facilities providers, including operators of multimodal freight terminals and logistic hubs, of the request for priority access, that they are likely to be concerned by the military transport operation so that they can grant priority in accordance with paragraph 6.

Amendment 132

Proposal for a regulation

Article 21 – paragraph 5 – point a a (new)

Text proposed by the CommissionAmendment
(aa) prioritisation on road infrastructure, parking and rest areas and, where necessary, urban intersections;

Amendment 133

Proposal for a regulation

Article 21 – paragraph 5 – point c

Text proposed by the CommissionAmendment
(c) the required airspace and access to aerodrome services from the competent airport managers and coordinators, from the European Network Manager and from the air navigation service provider, as the case may be.(c) the required airspace and access to aerodrome services from the competent airport managers and coordinators, from the air navigation service provider, in coordination with the European Network Manager, if necessary.

Amendment 134

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 1

Text proposed by the CommissionAmendment
The priority access shall be granted as early as possible following the requests referred to in paragraphs 2 and 5 and the armed forces performing or contracting the military transport shall be immediately informed thereof, in accordance with the provisions of this paragraph. To the extent necessary, and with due regard to safety measures, ongoing or planned transport services and operations shall be interrupted, postponed or cancelled to allow for priority access of the military transport.The priority access shall be granted as early as possible following the requests referred to in paragraphs 2 and 5 and the armed forces performing or contracting the military transport shall be immediately informed thereof, in accordance with the provisions of this paragraph. To the extent necessary, and with due regard to safety measures, ongoing or planned transport services and operations shall be interrupted, postponed or cancelled to allow for priority access of the military transport, while minimising disruptions to civilian passenger and freight transport services and logistics operations and ensuring operational continuity of critical supply chains.

Amendment 135

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 2

Text proposed by the CommissionAmendment
As regards military transport by road, the road infrastructure owners, operators and managers concerned shall inform the armed forces performing or contracting the military transport that they have taken the necessary measures ensuring priority access at the tolling sections, roadside parking and rest areas, bridges and tunnels on their road networks. The National Coordinator for Cross-Border Military Transport may recommend the route and the road infrastructure ensuring best priority access to the requesting armed forces.As regards military transport by road, the road infrastructure owners, operators and managers concerned shall inform the armed forces performing or contracting the military transport that they have taken the necessary measures ensuring priority access at the tolling sections, roadside parking and rest areas, bridges, tunnels and multimodal hubs on their road networks. The National Coordinator for Cross-Border Military Transport may recommend the route and the road infrastructure ensuring best priority access to the requesting armed forces.

Amendment 136

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 3

Text proposed by the CommissionAmendment
As regards military transport by rail, by way of derogation from Article 7(1), the infrastructure manager shall grant individual train paths within six hours. However, in the case of transport of dangerous goods or abnormal military transport, the rail infrastructure manager shall grant the individual train paths as soon as possible.As regards military transport by rail, by way of derogation from Article 7(1), the infrastructure manager shall grant individual train paths within six hours. Infrastructure managers shall also grant access to multimodal hubs involving rail. However, in the case of transport of dangerous goods or abnormal military transport, the rail infrastructure manager shall grant the individual train paths as soon as possible.

Amendment 137

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 4

Text proposed by the CommissionAmendment
As regards ports, the competent port authorities shall inform the armed forces performing or contracting the military transport of the berth allocated and port services offered.As regards military transport through ports, the competent port authorities shall inform the armed forces performing or contracting the military transport of the berth allocated and port services offered, including facilitating access to other modes of transport.

Amendment 138

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 5

Text proposed by the CommissionAmendment
As regards military transport by inland waterways, where necessary, the National Coordinator for Cross-Border Military Transport shall inform the armed forces performing or contracting the military transport of the route and inland waterway infrastructure ensuring best priority access.As regards military transport by inland waterways, where necessary, the National Coordinator for Cross-Border Military Transport shall inform the armed forces performing or contracting the military transport of the route and inland waterway infrastructure ensuring best priority access, including for other modes of transport to inland waterway ports and multimodal hubs.

Amendment 139

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 6

Text proposed by the CommissionAmendment
As regards military transport by air, the competent airport managers and coordinators, the European Network Manager and the air navigation service provider, as applicable, shall inform the armed forces performing, contracting or ordering the military transport of available airspace and access to aerodrome services offered at the airports concerned.As regards military transport by air, the competent airport managers and coordinators, and the air navigation service provider, in coordination with the European Network Manager, if needed, shall inform the armed forces performing, contracting or ordering the military transport of available airspace and access to aerodrome services offered at the airports concerned, including for other modes of transport.

Amendment 140

Proposal for a regulation

Article 21 – paragraph 7

Text proposed by the CommissionAmendment
7. When priority access is granted to military transport under paragraph 1, no compensation shall be due to other affected transport users. Member States and infrastructure owners, operators and managers or, as the case may be, related services or facilities providers shall make all reasonable efforts to limit the impact of such priority access by, for example, offering alternative routes, slots, transport services or facilities as appropriate and depending on availabilities and inform the transport users as soon as possible.7. When priority access is granted to military transport under paragraph 1, Member States shall compensate the affected infrastructure owners, operators and managers for demonstrable and duly justified expenses incurred, damages suffered and missed revenues directly caused by the granting of priority access. Member States and infrastructure owners, operators and managers or, as the case may be, related services or facilities providers shall make all reasonable efforts to limit the impact of such priority access by, for example, offering alternative routes, slots, transport services or facilities as appropriate and depending on availabilities and inform the transport users as soon as possible.

Amendment 141

Proposal for a regulation

Article 21 – paragraph 8 a (new)

Text proposed by the CommissionAmendment
8a. By way of derogation from Article 17 and 18(1)a of Regulation (EU) No 2021/782 of the European Parliament and the Council1a, railway undertakings shall not be held liable, and no compensation or reimbursement shall be payable by railway undertakings to passengers in the event of a delay, a missed connection or a cancellation directly and exclusively caused by the granting of priority access or other emergency measures pursuant to this Article during the period of activation of EMERS, provided that the railway undertaking could not reasonably have avoided the delay, the missed connection or the cancellation. This paragraph shall be without prejudice to the obligations of railway undertakings under Articles 8, 18 and 20 of Regulation (EU) No 2021/782 concerning passenger information, re-routing and assistance, respectively.
1a Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj).

Amendment 142

Proposal for a regulation

Article 21 – paragraph 8 b (new)

Text proposed by the CommissionAmendment
8b. Notwithstanding any other provision of Union or national law, and irrespective of any contractual terms or general conditions of carriage, no entitlement to compensation shall arise for customers of rail freight transport services in relation to delays, interruptions or cancellations of such services that result directly from measures taken under the activation of EMERS. Railway undertakings and infrastructure managers shall not be held liable for any such disruptions. Railway undertakings and infrastructure managers shall make reasonable efforts to mitigate the impact of such disruptions, including by offering alternative transport options or rerouting where feasible, and shall inform affected customers as soon as possible.

Amendment 143

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the CommissionAmendment
During the period of activation of EMERS, Member States shall activate enhanced protection measures in relation to the strategic dual-use infrastructure located on their territories, identified in accordance with Article 33, to protect them, to make them resilient against all hazards and threats and to ensure their effective operation at all times.During the period of activation of EMERS, Member States shall be responsible to activate enhanced protection measures referred to in article 34 in relation to the strategic dual-use infrastructure located on their territories, identified in accordance with Article 33, to protect them, to make them resilient against all hazards, threats and cyber risks and to ensure their maintenance and effective operation at all times.

Amendment 144

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
During the period of activation of EMERS, and if the Solidarity Pool referred to in Article 35 is operational, the Commission, taking into account the advice of the Military Mobility Transport Group, may identify specific capabilities registered in the Solidarity Pool that are urgently needed to support certain Member States. In such cases, requests for those capabilities from the affected Member States and Member States that support military transport operations for the affected Member States shall be given priority consideration.During the period of activation of EMERS, and once the Solidarity Pool referred to in Article 35 is operational, the Commission, taking into account the advice of the Military Mobility Transport Group, may identify specific capabilities registered in the Solidarity Pool that are urgently needed to support certain Member States. In such cases, requests for those capabilities from the affected Member States and Member States that support military transport operations for the affected Member States shall be given priority consideration.

Amendment 145

Proposal for a regulation

Article 27 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. During the period of activation of EMERS, the following derogations from driving times, breaks and rest periods laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council shall apply to military transport operations carried out by civilian operators:1. During the period of activation of EMERS, the following derogations from driving times, breaks and rest periods laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council shall apply to military transport operations carried out by civilian operators, which must be directly related to the specific military operation, mission or exercise that justifies them:

Amendment 146

Proposal for a regulation

Article 27 – paragraph 1 – point g

Text proposed by the CommissionAmendment
(g) by way of derogation from Article 8(6b) of Regulation (EC) No 561/2006, any reduction in the weekly rest period shall be compensated by an equivalent period of rest taken before the end of the twelfth week following the week in question, either en bloc or as two rest periods, one of them being of at least 45 hours;(g) by way of derogation from Article 8(6b) of Regulation (EC) No 561/2006, any reduction in the weekly rest period shall be compensated by an equivalent period of rest taken before the end of the eighth week following the week in question, either en bloc or as two rest periods, one of them being of at least 45 hours;

Amendment 147

Proposal for a regulation

Article 27 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. When activating EMERS, Member States shall take into account the need to ensure the continuity of essential civilian transport flows, in particular those related to the supply of essential goods, energy, medicines, and strategic goods, and shall endeavour, to the extent possible, to limit disruptions in this regard.

Amendment 148

Proposal for a regulation

Article 27 – paragraph 3

Text proposed by the CommissionAmendment
3. For the purpose of roadside checks, the driver shall be able to produce, whenever an authorised control officer so requests, the record sheets and any manual records and printouts for the current day and the previous days that justify the use of the derogations.3. For the purpose of roadside checks, the civil transport operator carrying out the military transport operation on behalf of a Member State’s armed forces shall provide the driver with the evidence that justify the use of the derogations, who shall be able to produce, whenever an authorised control officer so requests, the record sheets and any manual records and printouts for the current day and the previous days that justify the use of the derogations.

Amendment 149

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. During the period of activation of EMERS, and for the purposes of ensuring the effective execution of military transport operations, including in the context of the ‘last mile’, military engineering units of the armed forces shall, where necessary, be exempted from the obligation to obtain prior civil administrative permits, including water management, construction and environmental permits, for the installation of temporary infrastructure, including temporary crossings and modular bridges, in accordance with national law and without prejudice to essential environmental protection requirements.

Amendment 150

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the CommissionAmendment
1. During the period of activation of EMERS, military transport operations carried out by road shall be permitted during weekends, public holidays, national celebrations, nighttime, and any other period that may be subject to traffic restrictions.1. During the period of activation of EMERS, military transport operations carried out by rail, road, air and inland waterways shall be permitted during weekends, public holidays, national celebrations, nighttime, and any other period that may be subject to traffic restrictions.

Amendment 151

Proposal for a regulation

Article 29 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Member States shall take the necessary measures to facilitate military transport operations across all modes of transport, including rail, waterways, ports, and airports, by lifting, where necessary and proportionate, any other restrictions that might hinder their implementation.

Amendment 152

Proposal for a regulation

Article 32 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Member States shall upgrade the dual-use infrastructure identified as part of the military mobility corridors to the transport infrastructure requirements defined in Annex II to the Council Military Requirements as a matter of priority, and in a coordinated and synchronised approach. When upgrading those dual-use sections of the military mobility corridors, Member States shall prioritise the following projects:1. Member States shall upgrade and, where necessary, develop the dual-use infrastructure identified as part of the military mobility corridors to the transport infrastructure requirements defined in Annex II to the Council Military Requirements as a matter of priority, and in a coordinated and synchronised approach. When upgrading those dual-use sections of the military mobility corridors, Member States shall prioritise the following projects:

Amendment 153

Proposal for a regulation

Article 32 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) ensuring continuity of the transport network, by closing missing links and removing important bottlenecks to military transport;(a) ensuring continuity of the transport network, by closing missing links and removing bottlenecks to military transport, and, where appropriate, developing dual use infrastructure at the extremities of the military mobility corridors in order to enable smooth cross-border movements with close partners;

Amendment 154

Proposal for a regulation

Article 32 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) ensuring interoperability of the transport network, including by migrating to European nominal standard railway gauge;(b) ensuring interoperability of the transport network, including, where appropriate, by migrating to European nominal standard railway gauge, and by taking into consideration relevant rail links to ports, airports and last-mile access to multimodal freight terminals and logistics facilities of strategic relevance for dual-use transport;

Amendment 155

Proposal for a regulation

Article 32 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) adapting the infrastructure to abnormal military transport, including by reinforcing bridges for rail and road transport and by reinforcing and enlarging rail, road, port and aerodrome infrastructure;(c) adapting the infrastructure to the requirements for abnormal military transport, including by reinforcing bridges for rail and road transport, by reinforcing and enlarging rail, road, port and aerodrome infrastructure, and by marking bridges and tunnels with clear indications of load-bearing capacities;

Amendment 156

Proposal for a regulation

Article 32 – paragraph 1 – point e

Text proposed by the CommissionAmendment
(e) increasing throughput capacity for all transport modes, including by improving rail and road access to ports and airports and improving port, airport and terminal facilities and equipment;(e) increasing throughput capacity for all transport modes, including by improving rail and road access to ports and airports and improving port, airport and terminal facilities and equipment, including by using ICT systems for transport as appropriate;

Amendment 157

Proposal for a regulation

Article 32 – paragraph 1 – point e a (new)

Text proposed by the CommissionAmendment
(ea) ensuring transhipment infrastructure with enough capacity to enable intermodal military mobility operations;

Amendment 158

Proposal for a regulation

Article 32 – paragraph 1 – point f

Text proposed by the CommissionAmendment
(f) enhancing the resilience of communication, control, navigation, surveillance and energy supply infrastructure, in particular against interferences with radio-frequency communications;(f) enhancing the resilience of communication, control, navigation and surveillance infrastructure, in particular against interferences with radio-frequency communications or GNSS spamming and spoofing and ensuring their cyber and digital security in accordance with EU legislation and, when appropriate, NATO interoperability requirements;

Amendment 159

Proposal for a regulation

Article 32 – paragraph 1 – point f a (new)

Text proposed by the CommissionAmendment
(fa) enhancing the resilience of energy supply infrastructure in order to ensure adequate fuel storage and supply capacity, as well as charging infrastructure along the military mobility corridors, including, where relevant, in connection with existing NATO fuel infrastructure, thereby ensuring the functionality of transport capabilities;

Amendment 160

Proposal for a regulation

Article 32 – paragraph 1 – point g

Text proposed by the CommissionAmendment
(g) ensuring sufficient resilience and redundancy in the network.(g) ensuring sufficient resilience in the network, as well as protection against threats, including hybrid attacks, originating from third countries or non-state actors through actions such as cyberattacks, sabotage, espionage, drone threats, interception and manipulation of communications;

Amendment 161

Proposal for a regulation

Article 32 – paragraph 1 – point g a (new)

Text proposed by the CommissionAmendment
(ga) addressing and filling capability gaps relating to military mobility corridors, based on Member States’ assessment, analysis and monitoring.

Amendment 162

Proposal for a regulation

Article 32 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Projects aimed at upgrading the dual-use infrastructure identified as part of the military mobility corridors to the transport infrastructure requirements defined in Annex II to the Council Military requirements, in accordance with paragraph 1, shall be considered to be projects in strategic sectors or categories contributing to resilience for the purposes of Article 14 of Proposal for a Regulation on speeding-up environmental assessments.

Amendment 163

Proposal for a regulation

Article 32 – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. The Member States situated along the same military mobility corridor shall cooperate to identify and address potential risks that may affect the functionality, security, or resilience of that corridor, in particular for cross-border transport. To that end, they shall:2. The Member States situated along the same military mobility corridor shall, together with the Commission, cooperate to identify, assess, and to the extent possible address potential risks that may affect the functionality, physical or cyber security, or resilience of that corridor, in particular for cross-border transport, including with close partners at the extremities of the corridors in the Union. To that end, they shall as soon as possible:

Amendment 164

Proposal for a regulation

Article 32 – paragraph 2 – point e

Text proposed by the CommissionAmendment
(e) monitor the resilience of communication, control, navigation, surveillance and fuel supply infrastructure, in particular against interferences with radio-frequency communications, and assess enforcement measures;(e) monitor the resilience of communication, control, navigation, surveillance and fuel and energy supply infrastructure, including refuelling and alternative fuel infrastructure, as well as the electricity grid, in particular against interferences with radio-frequency communications, or cyberattacks and unauthorised access, and assess enforcement measures;

Amendment 165

Proposal for a regulation

Article 32 – paragraph 2 – point f

Text proposed by the CommissionAmendment
(f) assess any other potential risks for military transport operations along the military mobility corridors, with a view to appropriately protecting the related transport infrastructure;(f) assess any other potential risks for military transport operations along the military mobility corridors, including drones, cyber, digital and radio-frequency threats, and adopt proportionate protection measures for the related transport infrastructure;

Amendment 166

Proposal for a regulation

Article 32 – paragraph 2 – point g

Text proposed by the CommissionAmendment
(g) reinforce resilience by ensuring compatibility with the use of the services offered by the Union Space Systems, such as Positioning, Navigation and Timing (PNT), Earth Observation (EO) and Secure Connectivity. In particular, when using PNT services, they shall use the authentication services offered by the Union Space Programme, or alternatively the Galileo Public Regulated Service (PRS) whenever feasible and without prejudice to Member States prerogatives concerning the use of PRS in their territory. Furthermore, Member States shall utilise the Union space-based EO services, where they offer monitoring and protection solutions.(g) reinforce resilience by ensuring compatibility with the use of the services offered by the Union Space Systems, such as Positioning, Navigation and Timing (PNT), Earth Observation (EO), Secure Connectivity and Satellite Communications (SATCOM). In particular, when using PNT services, they shall use the authentication services offered by the Union Space Programme, or alternatively the Galileo Public Regulated Service (PRS) whenever feasible and without prejudice to Member States prerogatives concerning the use of PRS in their territory. Furthermore, Member States shall utilise the Union space-based EO services, where they offer monitoring and protection solutions. Member States shall make use of Union connectivity and secure communications capabilities made available under GOVSATCOM and the future Union Secure Connectivity Programme (IRIS2).

Amendment 167

Proposal for a regulation

Article 32 – paragraph 3

Text proposed by the CommissionAmendment
3. Based on the analysis conducted in accordance with paragraph 2, the Commission, in close cooperation with the Member States, shall identify targeted short-term investments (transport infrastructure ‘hotspots’) that are to be implemented by Member States as a matter of priority along the military mobility corridors. To that end, the Commission shall set up targeted meetings per military mobility corridor in order to agree on the implementation of such hotspots in a synchronised and coordinated manner. The Member States concerned shall be invited to such meetings, and military experts shall be consulted in the assessment.3. Based on the analysis conducted in accordance with paragraph 2, the Commission, in close cooperation with the Member States, shall identify targeted short-term and mid-term investments (energy supply and transport infrastructure ‘hotspots’) that are to be implemented by Member States as a matter of priority along the military mobility corridors, and shall elaborate timetables for their implementation. To that end, the Commission shall set up targeted meetings per military mobility corridor in order to agree on the implementation of such hotspots in a synchronised and coordinated manner. The Member States concerned shall be invited to such meetings, and military and strategic infrastructure operators' experts shall be consulted in the assessment.

Amendment 168

Proposal for a regulation

Article 32 – paragraph 4 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) agreeing on designated routes, transport nodes and supporting facilities like military transport support centres, and making best use of the military mobility corridors;(a) agreeing on designated routes, transport nodes, including by using ICT systems for transport, and supporting facilities like military transport support centres, and making best use of the military mobility corridors supported, if appropriate, by using spatial data and spatial data services, as defined in Directive 2007/2/EC, and road, traffic and travel data as defined in Directive 2023/2661;

Amendment 169

Proposal for a regulation

Article 32 – paragraph 4 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) fostering coordination and cooperation between rail infrastructure managers in different Member States, in particular to ensure the efficient processing of the traffic arrangements pursuant to Article 7 and rapid and efficient route compatibility checks for abnormal military transport crossing more than one network;(b) fostering coordination and cooperation between infrastructure owners, managers and operators in different Member States, in particular to ensure the efficient processing of the traffic arrangements pursuant to Article 7 and rapid and efficient route compatibility checks for abnormal military transport crossing more than one network;

Amendment 170

Proposal for a regulation

Article 32 – paragraph 4 – subparagraph 1 – point c

Text proposed by the CommissionAmendment
(c) fostering coordination and cooperation between national aviation authorities with the support of the EDA and, where relevant, the Network Manager defined in Article 2, point (49), of Regulation (EU) 2024/2803, in order to define cross-border connectivity points between all Member States, in accordance with the principles laid down in Commission Regulation (EC) No 2150/200537 .(c) fostering coordination and cooperation between national aviation authorities with the support of the EDA, the impacted air navigation service providers and, where relevant, the Network Manager defined in Article 2, point (49), of Regulation (EU) 2024/2803, in order to define cross-border connectivity points between all Member States, in accordance with the principles laid down in Commission Regulation (EC) No 2150/200537 .
37 (38)Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20, ELI: http://data.europa.eu/eli/reg/2005/2150/oj).37 (38)Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20, ELI: http://data.europa.eu/eli/reg/2005/2150/oj).

Amendment 171

Proposal for a regulation

Article 32 – paragraph 4 – subparagraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(ca) fostering coordination and cooperation between national port authorities, with the support of the EDA;

Amendment 172

Proposal for a regulation

Article 32 – paragraph 4 – subparagraph 1 – point c b (new)

Text proposed by the CommissionAmendment
(cb) an assessment of the deployment of military counter-mobility assets and infrastructure;

Amendment 173

Proposal for a regulation

Article 32 – paragraph 5 a (new)

Text proposed by the CommissionAmendment
5a. In order to facilitate and accelerate compliance with the obligations laid down in paragraphs 1 and 2, Member States and the Commission shall ensure that sufficient funding at EU and national level is available.

Amendment 174

Proposal for a regulation

Article 33 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) key transport infrastructure serving the capital city of each Member State, including, if applicable, the biggest maritime and inland waterway ports as well as the biggest airport and multimodal freight terminal, based on highest traffic volumes or throughput capacity, or both;(a) key transport infrastructure serving the capital city of each Member State, including, if applicable, the biggest maritime and inland waterway ports as well as either the largest airport or the airports serving as logistics and military hubs, particularly those located closest to areas affected by conflict, , and multimodal freight terminal, as well as air navigation infrastructure, based on highest traffic volumes or throughput capacity, or both;

Amendment 175

Proposal for a regulation

Article 33 – paragraph 1 – point a a (new)

Text proposed by the CommissionAmendment
(aa) new key transport infrastructure serving the military mobility corridors;

Amendment 176

Proposal for a regulation

Article 33 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) for each NUTS 2 region along the military mobility corridors, the biggest maritime and inland waterway port as well as the biggest airport and multimodal freight terminal, based on highest traffic volumes or throughput capacity, or both.(c) for each NUTS 2 region along the military mobility corridors, the biggest maritime and inland waterway port as well as the biggest airport and multimodal freight terminal, based on highest traffic volumes or throughput capacity, or both, and, where applicable, the associated refuelling and recharging infrastructure serving these hubs.

Amendment 177

Proposal for a regulation

Article 33 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) infrastructure that has a strategic capacity to support large-scale military transport operations;(a) infrastructure that has a strategic capacity to support large-scale military transport operations, including facilities that serve as transit points or strategic logistical hubs;

Amendment 178

Proposal for a regulation

Article 33 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) infrastructure that is strategically important for military transport along one or several military mobility corridors;(b) infrastructure that is strategically important or is located at a strategically important point for military transport along one or several military mobility corridors, in particular in regions facing increased security and operational pressure;

Amendment 179

Proposal for a regulation

Article 33 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) infrastructure that provides or has provided a strategic contribution to planned or past military transport;(c) infrastructure that includes strategic assets for planned or past military transport;

Amendment 180

Proposal for a regulation

Article 33 – paragraph 2 – point d a (new)

Text proposed by the CommissionAmendment
(da) infrastructure that can serve as an alternative or diversion route in the event of the unavailability or disruption of infrastructure referred to in paragraph (1);

Amendment 181

Proposal for a regulation

Article 33 – paragraph 2 – point d b (new)

Text proposed by the CommissionAmendment
(db) infrastructure that is partially owned or controlled by third country entities that contravene the security and defence interests of the Union and its Member States.

Amendment 182

Proposal for a regulation

Article 33 – paragraph 3 – introductory part

Text proposed by the CommissionAmendment
3. In addition to the strategic dual-use infrastructure referred to in paragraph 1, Member States shall also identify essential supporting infrastructure, amongst which transport-critical energy and communications infrastructure, meeting the following criteria as strategic dual-use infrastructure for the purposes of this Regulation:3. In addition to the strategic dual-use infrastructure referred to in paragraph 1, Member States shall also identify essential supporting infrastructure, amongst which ICT systems for transport, including control-command and signalling systems, transport-critical energy, fuel, communications and space infrastructure, meeting the following criteria as strategic dual-use infrastructure for the purposes of this Regulation:

Amendment 183

Proposal for a regulation

Article 33 – paragraph 3 – point a

Text proposed by the CommissionAmendment
(a) infrastructure that has a strategic capacity to support large-scale military transport operations;(a) infrastructure that has a strategic and logistic capacity to support large-scale military transport operations;

Amendment 184

Proposal for a regulation

Article 33 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) infrastructure that provides or has provided a strategic contribution to planned or past military transport;(b) infrastructure that includes strategic assets for planned or past military transport;

Amendment 185

Proposal for a regulation

Article 33 – paragraph 4

Text proposed by the CommissionAmendment
4. By [2 years after entry into force of this Regulation], each Member State shall draw up a list of the strategic dual-use infrastructure located in its territory and identified in accordance with this Article. They shall submit that list to the Commission for possible comments and review it accordingly. The Member States shall update that list on a regular basis according to the same procedure. The list shall be treated as “Sensitive/Limité”.4. As soon as possible but no later than by … [1 year after entry into force of this Regulation], each Member State shall draw up a list of the strategic dual-use infrastructure located in its territory and identified in accordance with this Article which shall also include information regarding the criticality and default resilience levels for each item. They shall submit that list to the Commission for possible comments and review it accordingly. The Member States shall update that list on a regular basis according to the same procedure. The list shall be subject to appropriate confidentiality classification.

Amendment 186

Proposal for a regulation

Article 33 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. Member States shall ensure that strategic dual-use infrastructure identified in accordance with this Article is, where appropriate, clearly marked and accompanied by adequate information regarding its technical characteristics relevant to military transport, including load-bearing capacities.

Amendment 187

Proposal for a regulation

Article 33 – paragraph 5 – subparagraph 1

Text proposed by the CommissionAmendment
In the implementation of paragraphs 1 and 2, the Commission shall be assisted by the Committee established in accordance with Article 61 of Regulation (EU) 2024/1679.In the implementation of paragraphs 1 and 2, the Commission shall be assisted by the Committee established in accordance with Article 61 of Regulation (EU) 2024/1679 and for aviation-related matters, by the Committee established in accordance with Article 48 of Regulation (EU) 2024/2803.

Amendment 188

Proposal for a regulation

Article 34 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) prevent, mitigate and address the risks associated with foreign ownership or control of SDI, including through the foreign investment screening in accordance with Regulation (EU) 2019/452;(b) prevent, mitigate and address the risks associated with foreign ownership or control of SDI, including through the foreign investment screening mechanisms in accordance with Regulation (EU) 2019/452, ensure that there is no reliance on high-risk suppliers, and foster European ownership and effective control of SDI;

Amendment 189

Proposal for a regulation

Article 34 – paragraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(ba) impose periodic reporting on the security aspects of critical processes and an obligation to notify authorities of visits by non-EU residents to sensitive sectors;

Amendment 190

Proposal for a regulation

Article 34 – paragraph 1 – point b b (new)

Text proposed by the CommissionAmendment
(bb) establish an additional code of conduct in the context of the provision or exchange of sensitive information, with a view to safeguarding public order, national security and strategic interests;

Amendment 191

Proposal for a regulation

Article 34 – paragraph 1 – point b c (new)

Text proposed by the CommissionAmendment
(bc) designate one or more contact persons or compliance officers holding a security clearance, responsible for the handling of sensitive information or data;

Amendment 192

Proposal for a regulation

Article 34 – paragraph 1 – point b d (new)

Text proposed by the CommissionAmendment
(bd) provide guarantees ensuring the continuity of certain processes and/or the supply of services and goods affecting national security, public order and strategic interests;

Amendment 193

Proposal for a regulation

Article 34 – paragraph 1 – point b e (new)

Text proposed by the CommissionAmendment
(be) impose periodic on-site inspections in order to verify compliance with the mitigating measures;

Amendment 194

Proposal for a regulation

Article 34 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) prevent, mitigate and address the risks linked to the management or operation of specific assets that are part of or related to an SDI such as specific lifting equipment, IT systems, security control and detection equipment, as well as critical personnel and operations, such as rail freight providers, logistics companies, providers of port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council39 , seafarers and pilots;(c) ensure and enforce strict control over risks linked to the management, ownership or operation of specific assets that are part of or related to an SDI such as specific lifting equipment, IT systems, such as control-command and signalling systems, login systems, navigation and communication tools, security control and detection equipment, fuel infrastructure as well as critical personnel and operations, such as rail freight providers, logistics companies, providers of port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council39 , seafarers, air traffic controllers and pilots;
39 (39)Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/352/oj).39 (39)Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/352/oj).

Amendment 195

Proposal for a regulation

Article 34 – paragraph 1 – point d

Text proposed by the CommissionAmendment
(d) where appropriate, take basic measures to protect the SDI against interferences and attacks by State and non-State actors, including terrorist attacks, cybersecurity and other hybrid attacks, and equip the SDI with electronic warfare interference capacity to counter air raids and drone attacks, including jamming and spoofing.(d) take all necessary measures to protect the entire system of SDI against interferences and attacks by State and non-State actors, including terrorist attacks, sabotage, cyberattacks, unmanned aerial vehicle (UAV and UAS) attacks and other hybrid threats, and equip the SDI with cyber defence systems, electronic warfare interference capacity and anti-drone systems to counter air raids and drone attacks, including jamming and spoofing to mitigate air raids and drone incursions.

Amendment 196

Proposal for a regulation

Article 34 – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. The owners, operators and managers of SDI shall take all necessary technical, security and organisational measures within their area of responsibility and, where relevant, in collaboration with each other, to ensure that the SDI is appropriately protected against all hazards, that its resilience is enhanced and that its effective operation at all times is guaranteed. In particular, the owners, operators and managers of SDI shall:2. The owners, operators and managers of SDI shall take all necessary technical, security and organisational measures within their area of responsibility and, where relevant, in collaboration with each other, to ensure that the SDI is appropriately protected against all hazards, that its resilience is enhanced and that its effective operation at all times is guaranteed, taking into account the evolving nature of threats. In particular, the owners, operators and managers of SDI shall:

Amendment 197

Proposal for a regulation

Article 34 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) implement the relevant basic protection and resilience measures for SDI;(a) implement the relevant basic protection and resilience measures for SDI, including secure communication services;

Amendment 198

Proposal for a regulation

Article 34 – paragraph 2 – point a a (new)

Text proposed by the CommissionAmendment
(aa) carry out a cyber risk assessment at least annually and implement a minimum-security baseline covering patch management, network segmentation, secure remote access, protection of industrial control systems and secure communications;

Amendment 199

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the CommissionAmendment
4. The Commission may adopt implementing acts to identify the basic protection and resilience measures for SDI, as referred to in paragraphs 1 and 2 of this Article, and to identify the enhanced protection measures for SDI referred to in Article 24 of this Regulation. To this end, the Commission shall in particular take account of the Commission guidelines adopted pursuant to Article 13(5) of Directive (EU) 2022/2557 and may also seek the advice of the Military Mobility Transport Group and the Committee established in accordance with Article 61 of Regulation (EU) 2024/1679. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 45(4) of this Regulation. The Commission may propose to include the measures covered in that implementing act in the Council Military Requirements.4. No later than 12 months from the date of entry into force of this Regulation, the Commission shall adopt implementing acts to identify the basic protection and resilience measures for SDI, as referred to in paragraphs 1 and 2 of this Article, and to identify the enhanced protection measures for SDI referred to in Article 24 of this Regulation. To this end, the Commission shall in particular take account of the Commission guidelines adopted pursuant to Article 13(5) of Directive (EU) 2022/2557 and may also seek the advice of the Military Mobility Transport Group and the Committee established in accordance with Article 61 of Regulation (EU) 2024/1679. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 45(4) of this Regulation. The Commission may propose to include the measures covered in that implementing act in the Council Military Requirements.

Amendment 200

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the CommissionAmendment
1. The Solidarity Pool is established. It shall consist of a pool with a list of registered capabilities of Member States and possibly of the Union. The capabilities registered in the Solidarity Pool shall consist of transport and logistic capabilities and shall be used to guarantee, optimise and facilitate the execution of military transport operations. The Solidarity Pool shall become operational subject to the adoption by the Commission of the implementing act referred to in paragraph 15.1. The Solidarity Pool is established. It shall consist of a pool with a list of registered capabilities of Member States and of the Union. The Union may conclude bilateral or multilateral agreements with Parties to the North Atlantic Treaty that are not Member States and with close partners, in order to allow those countries to register their capabilities if they deem it appropriate, defining scope, resources and procedures for registration and use of capabilities in the Solidarity Pool. The capabilities registered in the Solidarity Pool shall consist of transport and logistic capabilities and shall be used to guarantee, optimise and facilitate the execution of military transport operations. The Solidarity Pool shall become operational with the adoption by the Commission of the implementing act referred to in paragraph 15.

Amendment 201

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the CommissionAmendment
2. On the basis of the advice of the Military Mobility Transport Group and the results of the stress tests referred to in Article 43, the Commission may adopt guidelines defining the types and specifying the number of key transport capabilities required for the Solidarity Pool to address the Union’s gaps in the area of military transport capabilities.2. On the basis of the advice of the Military Mobility Transport Group and the results of the stress tests referred to in Article 43, the Commission shall by … [6 months from the date of entry into force of this Regulation] adopt guidelines defining the types and specifying the number of key transport capabilities required for the Solidarity Pool to address the Union’s gaps in the area of military transport capabilities. Capabilities subject to effective or sufficiently substantiated doubts regarding third-country control shall not be registered in the Solidarity Pool. By 2035, Member States shall not register in the Solidarity Pool any capabilities that rely on the use, installation or integration of components from high-risk suppliers.

Amendment 202

Proposal for a regulation

Article 35 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States may voluntarily register their own capabilities in the Solidarity Pool. Capabilities that have been acquired or contracted by Member States with the financing support of any Union funding shall be registered in the Solidarity Pool.4. Member States may register their own capabilities in the Solidarity Pool. It must be ensured that passenger services operating under Public Service Obligations (PSOs) are not adversely affected, and that no distortions of competition arise between market participants. Capabilities that have been newly acquired or contracted by Member States through dedicated EU programmes aimed at financing dual-use capabilities shall be registered in the Solidarity Pool.

Amendment 203

Proposal for a regulation

Article 35 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. Railway vehicles which have been identified as suitable for use as part of a military transport in accordance with Article 36, and whose parameters are recorded in the European Vehicle Register referred to in Article 47(5) of Directive (EU) 2016/797 pursuant to Article 37 paragraph 2 of this Regulation, shall be registered in the Solidarity Pool.

Amendment 204

Proposal for a regulation

Article 35 – paragraph 7

Text proposed by the CommissionAmendment
7. The capabilities registered in the Solidarity Pool by Member States or the Union, or both, may comprise their own capabilities and those obtained through service contracts with commercial operators, where such contracts permit it.7. The capabilities registered in the Solidarity Pool by Member States or the Union, or both, or by parties to the North Atlantic Treaty that are not Member States or by close partners, may comprise their own capabilities and those obtained through service contracts with commercial operators, where such contracts permit it.

Amendment 205

Proposal for a regulation

Article 35 – paragraph 8

Text proposed by the CommissionAmendment
8. Capabilities registered in the Solidarity Pool shall be available for support following a request made by a requesting Member States to the Commission unless such capabilities are already used to support another request. In the event of competing requests, any decisions to allocate the capabilities shall be taken, in close coordination between the requesting Member States, the Commission and where relevant the Member State that has registered the capabilities.8. Capabilities registered in the Solidarity Pool shall be available for support following a request made by a requesting Member States to the Commission unless such capabilities are already used to support another request. The Commission shall establish a dynamic availability registry to differentiate registered capabilities based on their readiness status. In the event of competing requests, any decisions to allocate the capabilities shall be taken, in close coordination between the requesting Member States, the Commission and where relevant the Member State that has registered the capabilities. Where applicable, the transport operator or infrastructure manager owning or operating the capability shall be involved.

Amendment 206

Proposal for a regulation

Article 35 – paragraph 8 a (new)

Text proposed by the CommissionAmendment
8a. When the requesting Member State also requests assistance under the Union Civil Protection Mechanism, the request shall automatically be forwarded by the Commission to the Emergency Response Coordination Centre referred to in Regulation (EU) …/…[the Regulation contained in document 2025/0223(COD) (Union Civil Protection Mechanism)]. The Commission and the Emergency Response Coordination Centre shall coordinate to process the request and to allocate the needed transport and logistic capabilities to the requesting Member States.

Amendment 207

Proposal for a regulation

Article 35 – paragraph 12

Text proposed by the CommissionAmendment
12. Union capabilities shall be hosted in a Member State. The Commission and the Member States shall ensure, where appropriate, an adequate geographical distribution of Union capabilities. The requesting Member State for which Union capabilities are deployed shall be responsible for directing support operations.12. Union capabilities shall be hosted in a Member State. The Commission and the Member States shall ensure, where appropriate, an adequate geographical distribution of Union capabilities with priority for military mobility corridors and based on results of regular stress tests and changed security situation, particularly along external EU borders, may review their placement. The requesting Member State for which Union capabilities are deployed shall be responsible for directing support operations.

Amendment 208

Proposal for a regulation

Article 35 – paragraph 13

Text proposed by the CommissionAmendment
13. Capabilities registered under the Solidarity Pool may be pre-positioned. When capabilities are pre-positioned, they shall be located in facilities that apply, where relevant, the basic protection measures referred to in Article 34.13. Capabilities registered under the Solidarity Pool may be pre-positioned. When capabilities are pre-positioned, they shall be located in facilities that apply, where relevant, the basic protection measures referred to in Article 34. Member States and the Commission shall ensure the safe, secure and protected operation of the Solidarity Pool.

Amendment 209

Proposal for a regulation

Article 35 – paragraph 14

Text proposed by the CommissionAmendment
14. The maintenance and deployment costs of Member States’ capabilities shall be borne by the registering Member State unless provided otherwise in the implementing act referred to in paragraph 15.14. The maintenance and deployment costs of Member States’ own capabilities shall be borne by the registering Member State, and those capabilities acquired or contracted by Member States with the financing support of any Union funding shall be borne by the EU budget, unless provided otherwise in the implementing act referred to in paragraph 15.

Amendment 210

Proposal for a regulation

Article 35 – paragraph 14 a (new)

Text proposed by the CommissionAmendment
14a. Member States shall ensure that civilian operators included in the Solidarity Pool are subject to clearly defined contractual frameworks, including applicable contractual rights and obligations and operational conditions, specifying liability regimes, insurance requirements, employment conditions and compensation arrangements.

Amendment 211

Proposal for a regulation

Article 35 – paragraph 15 – subparagraph 1 – introductory part

Text proposed by the CommissionAmendment
Subject to the availability of Union funding, the Commission may adopt an implementing act putting into operation the Solidarity Pool. That implementing act shall also set out:No later than 6 months from the date of entry into force of this Regulation the Commission shall adopt an implementing act putting into operation the Solidarity Pool. That implementing act shall set out:

Amendment 212

Proposal for a regulation

Article 35 – paragraph 15 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) the procedures to be followed to process requests by Member States for capabilities under the Solidarity Pool;(a) the procedures to be followed to process requests by Member States for capabilities under the Solidarity Pool, including a secure digital platform for exchange of information and allocation procedures, in compliance with security and confidentiality requirements;

Amendment 213

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the CommissionAmendment
4. The Commission shall equally be granted access to the registries specified under paragraphs 1 to 3, with a view to identify dual-use vehicles, vessels or aircraft.4. The Commission shall equally be granted access to the registries specified under paragraphs 1 to 3, with a view to identify dual-use vehicles, vessels or aircraft. Such access shall be provided on an ad hoc, case-by-case basis subject to confidentiality safeguards and shall not entail permanent or direct technical access of the Commission to national registries.

Amendment 214

Proposal for a regulation

Article 36 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. During the period of activation of EMERS, the members of the Military Mobility Transport Group shall be granted access to the registers specified under paragraphs 1 to 3, with a view to identifying dual-use vehicles, vessels or aircraft available for military mobility purposes. Such access shall be provided on an ad hoc, case-by-case basis subject to confidentiality safeguards and shall not entail permanent or direct technical access of the Military Mobility Transport Group to national registries.

Amendment 215

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the CommissionAmendment
The Commission may adopt implementing acts in order to:No later than 6 months from the date of entry into force of this Regulation, the Commission shall adopt implementing acts in order to:

Amendment 216

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1 – point c – point 1

Text proposed by the CommissionAmendment
(1) railway undertakings and vehicle keepers are to identify if the vehicles for which they are responsible fall into a category under point (a), and if so, determine the full relevant technical characteristics of those vehicles;(1) railway undertakings and vehicle keepers have to identify if the vehicles for which they are responsible fall into a category under point (a), and if so, determine the full relevant technical characteristics of those vehicles;

Amendment 217

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1 – point c – point 2

Text proposed by the CommissionAmendment
(2) manufacturers of railway equipment are to identify if vehicles they manufacture fall into a category under point (a), and if so, determine the full relevant technical characteristics of those vehicles.(2) manufacturers of railway equipment have to identify if vehicles they manufacture fall into a category under point (a), and if so, determine the full relevant technical characteristics of those vehicles.

Amendment 218

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the CommissionAmendment
2. If the Commission adopts the implementing act referred to in paragraph 1, for every registered railway vehicle, the vehicle keeper shall include the identification as a vehicle that can be used as part of a military transport and any relevant parameters established under paragraph 1, point (b)in the respective vehicle’s technical documentation. Vehicle keepers, in collaboration with the registration entities, shall be responsible for recording those parameters in the European Vehicle Register referred to in Article 47(5) of Directive (EU) 2016/797.2. For every registered railway vehicle, the vehicle keeper shall include the identification as a vehicle that can be used as part of a military transport and any relevant parameters established under paragraph 1, point (b)in the respective vehicle’s technical documentation. Vehicle keepers, in collaboration with the registration entities, shall be responsible for recording those parameters in the European Vehicle Register referred to in Article 47(5) of Directive (EU) 2016/797.

Amendment 219

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the CommissionAmendment
1. By [1 year following the entry into force of this Regulation], each Member State shall have in place a framework allowing it to issue, as a last resort, binding orders to obtain the temporary control or right of use over an infrastructure, asset or equipment located on its territory which is necessary for the execution of military transport operations, in cases where no alternative solution can be achieved through mutual agreement or under an existing contract within the required timeframe. Where a Member State has an existing framework enabling such temporary control or right of use, it shall ensure that the existing framework complies with the requirements set out in paragraphs 2 and 3.1. As soon as possible, but no later than 1 year following the entry into force of this Regulation, each Member State shall have in place a framework allowing it to issue, as a last resort, binding orders to obtain the temporary control or right of use over an infrastructure, asset or equipment located on its territory which is necessary for the execution of military transport operations, in cases where no alternative solution can be achieved through mutual agreement or under an existing contract within the required timeframe. Where a Member State has an existing framework enabling such temporary control or right of use, it shall ensure that the existing framework complies with the requirements set out in paragraphs 2 and 3. Member States shall consult with relevant stakeholders when developing or updating this framework.

Amendment 220

Proposal for a regulation

Article 38 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) entails a compensation mechanism to compensate owners, operators and managers of the infrastructure, assets or equipment concerned for expenses incurred and damages suffered;(b) entails a compensation mechanism to compensate owners, operators and managers of the infrastructure, assets or equipment concerned for expenses incurred, missed revenues directly caused by a binding order referred to in paragraph 1 and damages suffered;

Amendment 221

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the CommissionAmendment
3. Member States shall ensure that any measures adopted under their framework referred to in paragraph 1 are strictly necessary and proportionate.3. In order to minimise the impact of those measures on civil transport and economic activities, the Member States shall ensure that any measures adopted under their framework referred to in paragraph 1 are strictly necessary and proportionate.

Amendment 222

Proposal for a regulation

Article 39 – paragraph 1

Text proposed by the CommissionAmendment
1. Member States may conclude framework contracts with dual-use transport service providers for ensuring the availability of transport capabilities for military transport operations, including the rapid deployment of personnel, equipment, and supplies.1. Member States may conclude framework contracts with dual-use transport service providers for ensuring the availability of transport capabilities for military transport operations, including the rapid deployment of personnel, equipment, and supplies. This process may include an active role of the National Coordinator for Cross-Border Military Transport of each Member State.

Amendment 223

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the CommissionAmendment
1. By [six months following the entry into force of this Regulation], each Member State shall designate a National Coordinator for Cross-Border Military Transport with permanent availability, to ensure coordination and effective communication on cross-border military transport.1. As soon as possible but no later than [three months following the entry into force of this Regulation], each Member State shall designate a National Coordinator for Cross-Border Military Transport with permanent availability, to ensure coordination and effective communication on cross-border military transport, particularly by communicating its contact details to the Military Mobility Transport Group.

Amendment 224

Proposal for a regulation

Article 40 – paragraph 2 – point -a (new)

Text proposed by the CommissionAmendment
(-a) have the appropriate resources to carry out its tasks;

Amendment 225

Proposal for a regulation

Article 40 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) is able to coordinate all relevant national, regional, and local level actors involved in military transport operations, in order to ensure the smooth execution of cross-border military transport operations, in particular during the activation of EMERS, and coordinate the Military Transport Readiness Check referred to in Article 42.(d) is able to coordinate all relevant national, regional, and local level actors involved in military transport operations, in order to ensure, as soon as possible, the smooth execution of cross-border military transport operations, in particular during the activation of EMERS, and coordinate the Military Transport Readiness Check referred to in Article 42.

Amendment 226

Proposal for a regulation

Article 40 – paragraph 2 – point d a (new)

Text proposed by the CommissionAmendment
(da) have the authority to issue binding operational instructions, including with immediate effect, to civilian entities, infrastructure managers and national civil protection authorities during the activation of EMERS. Such instructions shall be implemented without delay and any available remedies shall not have suspensive effect.

Amendment 227

Proposal for a regulation

Article 40 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The National Coordinator for Cross-Border Military Transport shall cooperate, where relevant, with the competent authorities and operators responsible for energy and fuel infrastructure in order to ensure that prioritised refuelling and recharging under this Regulation, including during EMERS, is feasible, safe and consistent with national market and security regimes.

Amendment 228

Proposal for a regulation

Article 40 – paragraph 2 b (new)

Text proposed by the CommissionAmendment
2b. Where EMERS is activated, a timely and coordinated public communication shall be ensured by the Commission and Member States on its activation and expected impact on civilian transport.

Amendment 229

Proposal for a regulation

Article 40 – paragraph 2 c (new)

Text proposed by the CommissionAmendment
2c. The National Coordinator shall define work organisation, training and safety requirements necessary for the implementation of this Regulation, as well as to ensure that the measures necessary to implement this Regulation at national level remain proportionate.

Amendment 230

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the CommissionAmendment
1. The Military Mobility Transport Group is established to assist and provide advice and recommendations to the Commission and to facilitate cooperation and exchange of information among Member States on issues relating to this Regulation.1. The Military Mobility Transport Group is established to assist and provide advice and recommendations to the Commission and to facilitate cooperation and exchange of information among Member States and, where appropriate, with NATO on issues relating to this Regulation, without prejudice to national command and control.

Amendment 231

Proposal for a regulation

Article 41 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) to promote discussions and dialogue between Member States with a view to facilitating the granting of military transport permissions and traffic arrangements, in particular among Member States situated along the same military mobility corridors;(a) to promote discussions, dialogue and coordination between Member States, and, where appropriate, with NATO and parties to the North Atlantic Treaty that are not Member States, with a view to facilitating the granting of military transport permissions and traffic arrangements, in particular among Member States situated along the same military mobility corridors;

Amendment 232

Proposal for a regulation

Article 41 – paragraph 2 – point h a (new)

Text proposed by the CommissionAmendment
(ha) to identify gaps in traffic arrangements and to prepare alternative plans and measures to safeguard military transport operations in situations of degraded capabilities;

Amendment 233

Proposal for a regulation

Article 41 – paragraph 2 – point h b (new)

Text proposed by the CommissionAmendment
(hb) to provide advice on the deployment of military counter-mobility assets and infrastructure.

Amendment 234

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the CommissionAmendment
3. The Military Mobility Transport Group shall be composed of representatives of the Commission, the EEAS, including the European Union Military Staff, the European Defence Agency and the Member States. Each Member State’s representatives shall be able to represent their respective governments’ position. Where relevant for customs formalities, Member States’ customs authorities and the European Union Customs Authority shall also be invited to participate. The Commission shall chair the Military Mobility Transport Group and ensure its secretariat.3. The Military Mobility Transport Group shall be composed of the National Coordinator for Cross-Border Military Transport of each Member State, representatives of the Commission, the EEAS, including the European Union Military Staff, the European Defence Agency, and the European Climate, Infrastructure and Environment Executive Agency. Each Member State’s National Coordinator shall be able to represent their respective governments’ position. Where relevant for customs formalities, Member States’ customs authorities and the European Union Customs Authority shall also be invited to participate. The Commission shall chair the Military Mobility Transport Group and ensure its secretariat.

Amendment 235

Proposal for a regulation

Article 41 – paragraph 4

Text proposed by the CommissionAmendment
4. The Military Mobility Transport Group may invite, where relevant, in accordance with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, Ukraine, Moldova and countries of European Economic Area to attend meetings as observers.4. The Military Mobility Transport Group may invite, where relevant, in accordance with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, a representative of NATO and representatives of the parties to the North Atlantic Treaty which are not Member States, close partners and countries of the European Economic Area to attend meetings as observers. EFTA states that are party to the Agreement on the European Economic Area shall have the right to become members of the Military Mobility Transport Group in accordance with the modalities of participation set out under that agreement.

Amendment 236

Proposal for a regulation

Article 41 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. When discussions held within the Military Mobility Transport Group concern matters directly affecting the participation of civilian operators in military transport operations, their representatives, including workers and employers, may be invited as observers on an ad hoc basis.

Amendment 237

Proposal for a regulation

Article 41 – paragraph 7 a (new)

Text proposed by the CommissionAmendment
7a. The Military Mobility Transport Group may use the Military Mobility Digital Information System which can be supported by spatial data and spatial data services, as defined in Directive 2007/2/EC, and road, traffic and travel data as defined in Directive 2023/2661.

Amendment 238

Proposal for a regulation

Article 42 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Member States shall conduct a Military Transport Readiness Check once a year to assess their preparedness to execute military transports. The Military Transport Readiness Check shall be comprised of information on all of the following:1. Member States, where appropriate in cooperation with all relevant stakeholders, shall conduct a Military Transport Readiness Check once a year to assess their preparedness to execute military transports. The Military Transport Readiness Check shall be comprised of information on all of the following:

Amendment 239

Proposal for a regulation

Article 42 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) the measures taken at national level to ensure the whole-of-government approach when dealing with military transport;(b) the measures taken at national level to ensure the whole-of-government approach and adequate public-private cooperation when dealing with military transport;

Amendment 240

Proposal for a regulation

Article 42 – paragraph 1 – point f a (new)

Text proposed by the CommissionAmendment
(fa) the availability of personnel trained for military transport, disaggregated between military and civilian, and in the case of the latter the numbers in personnel willing to undertake military transport, where available.

Amendment 241

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the CommissionAmendment
2. The National Coordinator for Cross-Border Military Transport of each Member State shall share the results of their Military Transport Readiness Check with the Military Mobility Transport Group.2. The National Coordinator for Cross-Border Military Transport of each Member State shall share the results of their Military Transport Readiness Check with the Military Mobility Transport Group, including with NATO if appropriate, provided that appropriate confidentiality safeguards are in place.

Amendment 242

Proposal for a regulation

Article 43 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. The Commission may conduct stress tests, in collaboration with Member States and relevant Union bodies, to test and evaluate the Union's preparedness to facilitate military transport. Such tests shall:1. The Commission shall conduct stress tests on a regular basis, in collaboration with Member States and relevant Union bodies, and, where relevant, NATO, to test and evaluate the Union's preparedness to facilitate military transport. Such tests shall:

Amendment 243

Proposal for a regulation

Article 43 – paragraph 1 – point a a (new)

Text proposed by the CommissionAmendment
(aa) test the effectiveness of the protection measures referred to in Article 34 of this Regulation;

Amendment 244

Proposal for a regulation

Article 43 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) test the effectiveness of the whole-of-government approach in implementing this Regulation’s objectives, including the coordination and cooperation among relevant bodies, authorities and stakeholders;(b) test the effectiveness of the whole-of-government approach and public-private cooperation in implementing this Regulation’s objectives, including the coordination and cooperation among relevant bodies, authorities and stakeholders, notably private sector entities essential to military transport;

Amendment 245

Proposal for a regulation

Article 43 – paragraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(ba) evaluate the preparedness of workers in the transport sector in order to address relevant training and up-skilling needed in various transport areas;

Amendment 246

Proposal for a regulation

Article 43 – paragraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(ca) test preparedness for counter-mobility scenarios, including infrastructure denial, disruption or degradation, and their impact on military transport and civil-military coordination;

Amendment 247

Proposal for a regulation

Article 43 – paragraph 1 – point c b (new)

Text proposed by the CommissionAmendment
(cb) test the operationality of the Military Mobility System.

Amendment 248

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the CommissionAmendment
3. The Commission shall communicate the results of the stress tests conducted pursuant to this Article to participating Member States and the Military Mobility Transport Group.3. The Commission shall communicate the results of the stress tests conducted pursuant to this Article to participating Member States, to the Military Mobility Transport Group and to NATO.

Amendment 249

Proposal for a regulation

Article 43 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. The Military Mobility Transport Group shall review lessons learned from NATO exercises and other relevant multinational exercises, including the Union’s Integrated Resolve exercises, including on counter-mobility, cross-border coordination, administrative barriers, and the resilience of critical infrastructure, and propose concrete follow-up actions within one year of the exercise concerned.

Amendment 250

Proposal for a regulation

Article 43 – paragraph 4 b (new)

Text proposed by the CommissionAmendment
4b. The Commission shall encourage Member States to conduct stress tests with close partners in order to assess the effectivity of cross-border movement, in particular at the extremities of the military mobility corridors in the Union.

Amendment 251

Proposal for a regulation

Article 43 – paragraph 4 c (new)

Text proposed by the CommissionAmendment
4c. The Commission and Member States shall develop and routinely use advanced simulation and modelling tools, including multi-agent models, operational digital twins and scenario-based vignettes, to support EMERS planning, stress tests and Military Transport Readiness Checks. Results of digital simulations shall be used to inform infrastructure investments, operational procedures and contingency plans.

Amendment 252

Proposal for a regulation

Article 49 – paragraph 1 – point 2

Regulation (EU) 2018/1139

Article 71 – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) when those requirements prevent the certification, use or operation of innovative technologies, products, equipment, systems, components, operational concepts or business models.’.(b) when those requirements prevent the certification, use or operation of dual-use innovative technologies, products, equipment, systems, components, operational concepts or business models.’.

Amendment 253

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the CommissionAmendment
The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation by [3 years after the entry into force of this Regulation]. The evaluation report shall build on consultations of the Member States and key stakeholders.The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation by [1 year from the date of entry into force of this Regulation] to be followed by annual regular reports or, if the situation so requires, periodic ad hoc reports. The evaluation report shall build on consultations of the Member States and key stakeholders covering at least the following elements:
(a) the implementation of the traffic arrangements concerning the military transport authorisation procedures provided for in Article 8;
(b) where EMERS has been activated since the submission of the last report, in accordance with the procedure set out in Article 19, the conditions that led to such activation and any potential extension thereof;
(c) the enhanced protection measures taken by Member States concerning strategic dual-use infrastructure in accordance with Article 24, during the period of EMERS activation;
(d) the implementation of paragraphs 3 and 4 of Article 32 of this Regulation;
(e) the establishment, management of stocks, and use of the solidarity pool provided for in Article 35;
(f) the results of the military transport readiness check carried out by the Member States in accordance with Article 42 since the last report;
(g) the results of the stress tests carried out pursuant to Article 43 since the last report;
(h) difficulties encountered in the evaluation or implementation of the above-mentioned elements.
The annual evaluation report shall be accompanied by recommendations on measures that can be taken to improve the implementation of this Regulation.

Amendment 254

Proposal for a regulation

Annex I – point 1 – point a

Text proposed by the CommissionAmendment
(a) they consist of up to 10 vehicles, 10 inland waterway vessels or one train(a) they consist of up to 25 vehicles, 10 inland waterway vessels or one train

Amendment 255

Proposal for a regulation

Annex I – point 1 – point d

Text proposed by the CommissionAmendment
(d) they cover road transport of abnormal cargo in accordance with Article 13;(d) they cover road transport of abnormal cargo, including mobile cranes, in accordance with Article 13;
Explanatory statement 15 paragraphs

Strengthening military mobility in the European Union

Russia's war of aggression against Ukraine and the growing number of hybrid and conventional threats at the European Union’s borders have highlighted the importance of strengthening the capacity to move military personnel, equipment and supplies swiftly and rapidly across EU territory. In this context, the SEDE and TRAN Rapporteurs outline in their draft report the critical aspects of enhancing military mobility within the EU, focusing on the need for regulatory improvements, financial considerations and strengthened cooperation with NATO and other partners.

The Joint White Paper for European Defence – Readiness 2030, identifies military mobility as an essential enabler for the Union’s security and defence policy and for its support to Ukraine. While progress has been made in recent years, considerable obstacles remain, including administrative barriers, fragmented national procedures and infrastructure limitations that hamper the swift deployment of armed forces.

Your Rapporteurs very much welcome the proposal for a Military Mobility Regulation. As an indispensable complement to the current proposal, your Rapporteurs call on the Commission, the Council and the Member States to address the funding gap for military mobility to bolster European security. A more ambitious and forward-looking approach in the next MFF and in the next Connecting Europe Facility (CEF), the main funding instrument for military mobility, is needed to ensure adequate funding and flexibility for Member States to implement key infrastructure projects.

The Rapporteurs believe that enhanced military mobility reinforces the transatlantic alliance since NATO relies on the infrastructure of EU Member States for moving Allied forces and military equipment. A coordinated approach aimed at ensuring complementarity and compatibility between EU and NATO efforts is essential to enable the rapid movement of allied forces in times of peace, crisis or conflict. Strengthening interoperability within the Union, with countries of the European Economic Area, with NATO and with key partners such as Ukraine and the Republic of Moldova is therefore of strategic importance. The extension of transport corridors, including military mobility corridors, towards neighbouring regions further enhances deterrence and contributes to the collective security of Europe.

Your Rapporteurs believe that the effective functioning of military mobility relies on the availability and resilience of transport infrastructure that can serve both civilian and military purposes. Military transport operations increasingly rely on the dual-use of civilian infrastructure and transport assets. At the same time, armed forces often subcontract transport operations to commercial carriers. It is therefore necessary to ensure that clear and harmonised rules apply across the Union regardless of whether transport operations are carried out directly by the armed forces or by civilian contractors acting on their behalf.

At present, cross-border military transport is hindered by a fragmented regulatory environment. Union transport legislation does not sufficiently consider the specific characteristics of military transport operations, resulting in a patchwork of national rules and procedures. Administrative requirements, including diplomatic clearances and customs formalities, remain complex and are often paper based. Although progress has been made in harmonising customs procedures for military goods, differences in interpretation and implementation continue to create delays and operational uncertainty.

The Rapporteurs therefore consider that a comprehensive Union-wide framework for cross-border military transport is necessary. Such a framework should simplify, harmonise and digitalise procedures for granting military transport permissions across all modes of transport, including road, rail, air, inland waterways and maritime transport. Introducing standing military transport permissions, valid until revoked, alongside streamlined procedures for ad hoc authorisations, will significantly reduce administrative burdens and improve predictability for military transport operations.

The Rapporteurs believe that digitalisation plays a key role in achieving these objectives. The establishment of a secure Military Mobility Digital Information System by the Commission will allow Member States to manage military transport permissions, traffic arrangements and customs formalities through a common platform. The system should ensure interoperability with NATO mechanisms and comply with Union customs legislation, including the use and digitalisation of the EU form 302 for the transport of military goods. When establishing the system, your Rapporteurs believe it is important that the Commission take into account, and, where possible, use as a basis, existing digital systems set up for this purpose, which are already being used by several Member States, such as the Secure Digital Military Mobility System (SDMMS) funded via the European Defence Fund, in order to ensure that the system becomes operational as soon as possible in all Member States.

The Regulation also introduces an emergency framework, the European Military Mobility Enhanced Response System (EMERS), which would allow the Union to respond rapidly to situations requiring a significant increase in the volume, frequency or speed of military transport. EMERS could be activated by the Council upon a proposal from the Commission when normal transport rules or network capacities are insufficient to meet operational needs. In such circumstances, military transport would benefit from priority access to transport infrastructure and exemptions from certain traffic restrictions, including weekend and holiday bans, to ensure swift and effective deployment of forces. Your Rapporteurs believe it is of outmost importance that, when EMERS is activated, it applies to the whole territory of the European Union. Furthermore, it is important to introduce clear timelines for the triggering of EMERS, in the case where the Commission receives a reasoned request for activation from one or more Member States.

Ensuring the preparedness and resilience of transport infrastructure is another key component of the proposed framework. Member States should prioritise upgrades of dual-use infrastructure along the EU’s military mobility corridors, including the reinforcement of bridges, the adaptation of infrastructure to abnormal military cargo and the strengthening of communication, navigation and energy supply systems. The identification and protection of strategic dual-use infrastructure, including transport-critical energy and digital networks, will also be essential to safeguard military mobility against hybrid threats and attacks.

To address capability gaps, the Regulation foresees the creation of a Solidarity Pool for transport and logistical capabilities. This mechanism would enable Member States to pool and share resources necessary for military transport operations,. The Pool could include capabilities registered by Member States, Union-owned capabilities and, where possible and appropriate, contributions from NATO Allies that are not EU Member States, with countries of the European Economic Area as well as from partners such as Ukraine and the Republic of Moldova. Your Rapporteurs are concerned as to whether the proposed voluntary system of the Pool would provide it with sufficient capabilities that would provide a tangible support for Member States in urgent need. Therefore, we propose that the existing national or European vehicle registers should serve as the backbone for asset sharing on a request basis, notably the European Vehicle Register held by ERA in case for railway vehicles suitable for military use. To increase the availability of assets for other transport modes, especially in EMERS situations, national registers for road vehicles, vessels or aircrafts should be made accessible for Military Mobility Transport Group. Such a mechanism would ensure that in the case of a request by a Member State, the most necessary assets become immediately available to facilitate military movement across the Union, especially along the four-priority multi-modal military mobility corridors. If implemented accordingly, the proposed mechanism would provide military mobility solutions to Member States with asset distribution and effective use, in peacetime and during EMERS.

Effective governance and coordination will be crucial for the successful implementation of this framework. The establishment of a Military Mobility Transport Group, building on the work that has so far been carried out by EU agencies and actors across the Union and in the Member States, will facilitate cooperation and information exchange between Member States, the Commission and relevant EU bodies such as the EU Military Staff and the European Defence Agency. The group should also invite representatives of NATO and relevant partner countries as observers, thereby strengthening coordination and interoperability. When carrying out its tasks, the Military Mobility Transport Group should avoid creating unnecessary new layers of administrative burden.

Finally, the protection of sensitive and classified information will remain a fundamental requirement in the implementation of this Regulation. Your Rapporteurs call on the Commission, the Council and the Member States to ensure that appropriate safeguards are in place to protect confidential data related to military transport operations while facilitating information exchange with NATO where necessary.

Your Rapporteurs strongly believe that strengthening military mobility is a fundamental component of the Union’s efforts to enhance its defence readiness and resilience. By establishing a harmonised regulatory framework, improving infrastructure preparedness, enhancing cooperation with NATO and relevant partner countries, and creating mechanisms to address capability gaps, the Union will significantly improve its ability to respond to security challenges and support its allies. These measures will contribute to a stronger, more secure and better prepared European Union capable of protecting its citizens and defending its strategic interests.

Annex: declarations of input 10 paragraphs

DECLARATION OF INPUT FROM MICHAŁ SZCZERBA

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he included in his report input on matters pertaining to the subject of the file that he received, in the preparation of the report, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
ORLEN S.A.
Leonardo S.p.A
TomTom International B.V.
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies
None

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

DECLARATION OF INPUT FROM ROBERTS ZĪLE

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he included in his report input on matters pertaining to the subject of the file that he received, in the preparation of the draft report, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
Community of European Railway and Infrastructure Companies
Tom Tom International bv
DHL Group
European Sea Ports Organisation
International Road Transport Union Permanent Delegation to the EU
Fuels Europe
The International Association of Independent Tanker Owners
Federations of European Tank Storage Associations
Deutsche Bahn AG
CANSO – Civil Air Navigation Services Organisation
FDSI Latvia
Verso Energy
ALLRAIL Alliance of Rail New Entrants
Alstom
CLECAT – European association for forwarding, transport, logistic and customs services
FEPORT
AVIONS DE TRANSPORT REGIONAL
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies
None

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

Procedure pages

How the committees handled the text, and how their members voted on it.

Procedure – committee responsible 1 paragraph
TitleFramework of measures to facilitate the transport of military equipment, goods and personnel across the Union
ReferencesCOM(2025)0847 – C10-0311/2025 – 2025/0847(COD)
Date submitted to Parliament20.11.2025
Committee(s) responsible Date announced in plenarySEDE 19.1.2026TRAN 19.1.2026
Committees asked for opinions Date announced in plenaryBUDG 19.1.2026IMCO 19.1.2026
Not delivering opinions Date of decisionBUDG 11.12.2025IMCO 27.1.2026
Rapporteurs Date appointedMichał Szczerba 12.1.2026Roberts Zīle 12.1.2026
Discussed in committee8.4.20266.5.2026
Date adopted23.6.2026
Result of final vote+: –: 0:49 9 4
Date tabled24.6.2026
Final vote by roll call by the committee responsible 3 paragraphs

49 · For

ECR
Michał Dworczyk, Alberico Gambino, Assita Kanko, Rihards Kols, Şerban Dimitrie Sturdza, Maciej Wąsik, Kosma Złotowski
EPP
Nikolina Brnjac, Nina Carberry, Salvatore De Meo, Gheorghe Falcă, Markus Ferber, Jens Gieseke, Christophe Gomart, Mircea-Gheorghe Hava, Esther Herranz García, Sérgio Humberto, Dariusz Joński, Radan Kanev, Eszter Lakos, Alexandra Mehnert, Vangelis Meimarakis, Andrey Novakov, Nicolás Pascual de la Parte, Hélder Sousa Silva, Michał Szczerba, Pekka Toveri, Marion Walsmann
Renew
Oihane Agirregoitia Martínez, Jeannette Baljeu, Asger Christensen, Valérie Devaux, Engin Eroglu, Jan-Christoph Oetjen, Marjan Šarec, Marie-Agnes Strack-Zimmermann
S&D
José Cepeda, Vivien Costanzo, Johan Danielsson, Vasile Dîncu, Sérgio Gonçalves, François Kalfon, Ana Catarina Mendes, Rosa Serrano Sierra, Marianne Vind
The Left
Merja Kyllönen
Greens
Virginijus Sinkevičius, Kai Tegethoff, Reinier Van Lanschot

9 · Against

ESN
Milan Mazurek, Volker Schnurrbusch, Roberto Vannacci, Petar Volgin
No group
Kostas Papadakis
Patriots
Julien Leonardelli, Philippe Olivier, Pierre-Romain Thionnet
The Left
Özlem Demirel

4 · Abstained

No group
Luis-Vicențiu Lazarus
Patriots
Roman Haider, Annamária Vicsek
S&D
Daniel Attard