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EU Parl Watch

report parliamentary committee draft, 17 March 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

Document CJ57-PR-784420 · (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 547 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 Rule 60 of its Rules of Procedure,

–having regard to the opinion of the Committee on the Internal Market and Consumer Protection,

–having regard to the report of the Committee on Security and Defence and the Committee on Transport and Tourism (A100000/2026),

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

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.

Read the rest (535 paragraphs)

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the CommissionAmendment
(1) The Commission and the High Representative presented a Joint White Paper for European Defence - Readiness 20303 on 19 March 2025, highlighting that military mobility was an essential enabler for European security and defence and our support to Ukraine. The Joint White Paper indicated that although significant progress had been made in recent years, considerable obstacles to moving troops and equipment unhindered across the Union remained unaddressed.(1) The Commission and the High Representative presented a Joint White Paper for European Defence - Readiness 20303 on 19 March 2025, highlighting that military mobility is an essential strategic enabler for European security and defence and our support to Ukraine. Swift and rapid movement of military personnel, equipment and supplies significantly strengthens the security and resilience of EU Member States. The Joint White Paper indicated that although significant progress had been made in recent years, considerable obstacles to moving troops, equipment and supplies unhindered across the Union remained unaddressed.
3 (4)JOIN(2025) 120 final - White Paper for European Defence – Readiness 2030.3 (4)JOIN(2025) 120 final - White Paper for European Defence – Readiness 2030.

Or. en

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) This Regulation should facilitate military mobility across the Union while fully respecting the responsibilities of the Member States for national security, defence, the control of movements of foreign armed forces and military material on their territory, and the management of critical and dual-use infrastructure.

Or. en

Amendment 3

Proposal for a regulation

Recital 1 b (new)

Text proposed by the CommissionAmendment
(1b) Military mobility is a priority for EU-NATO cooperation and should enable, by a coordinated approach aimed at complementarity and compatibility of defence efforts regarding military mobility, the movement of allied forces in times of peace, crisis or war. Interoperability with NATO procedures and systems, including where relevant LOGFAS and NATO standards for the transport of dangerous goods, should be ensured in order to avoid duplication, double data entry and unnecessary administrative burden for Member States and armed forces. Enhancing interoperability within the EU, with EEA countries and with NATO as well as with partners such as Ukraine, is vital for the collective defence of Europe and in the light of Russia's war of aggression against Ukraine. The extension of transport corridors, including for military mobility, into Ukraine, the Republic of Moldova and the Western Balkans is important for interoperability and deterrence. The EU and its Member States should take all necessary measures to strengthen coordination with partners on technical standards, the security of critical transport infrastructure and the protection of military transport networks against hybrid threats and attacks.

Or. en

Amendment 4

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, when possible, 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.

Or. en

Amendment 5

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 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.

Or. en

Amendment 6

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.

Or. en

Amendment 7

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). 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.

Or. en

Amendment 8

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. 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.

Or. en

Amendment 9

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.

Or. en

Amendment 10

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.

Or. en

Amendment 11

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 to 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, taking into account 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 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).

Or. en

Amendment 12

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. Considering the importance of military transport through the Northern EEA states, shared security interests should be ensured and an effective application of EMERS throughout the EEA should be facilitated.

Or. en

Amendment 13

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.

Or. en

Amendment 14

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 for decision. 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.

Or. en

Amendment 15

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.

Or. en

Amendment 16

Proposal for a regulation

Recital 28 a (new)

Text proposed by the CommissionAmendment
(28a) 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, it is appropriate to provide that railway undertakings shall 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, it is necessary to provide that any contractual or statutory entitlement to compensation for customers of freight transport or under Union passenger rights legislation shall be excluded in such cases.

Or. en

Amendment 17

Proposal for a regulation

Recital 28 b (new)

Text proposed by the CommissionAmendment
(28b) During the period of activation of EMERS, military mobility transport by rail may reach high volumes and frequencies. As a result, the compensations due by Member States to railway undertakings may become a significant financial burden on the national budgets of the most affected Member States. If the amount of compensation paid by a Member State constitutes a substantial financial burden on its national budget by exceeding [X] % of its GDP, the Member State should be able to apply for solidarity-based financial support from the EU budget.

Or. en

Amendment 18

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.

Or. en

Amendment 19

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 an emergency, 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.

Or. en

Amendment 20

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 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 strategic investments in dual-use infrastructure along those corridors, and in particular on targeted short-term investments (‘hotspots’), Member States should upgrade those corridors rapidly, and in a coordinated and synchronised manner. The upgrading of relevant infrastructure is essential in order to enable a swift and rapid movement of military personnel, equipment, and supplies into the military corridors and, more broadly, to achieve the aims 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 end, to encourage, including through the relevant funding programmes of the EU, the upgrade of their relevant infrastructure along the way leading to those corridors.
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.

Or. en

Amendment 21

Proposal for a regulation

Recital 39 a (new)

Text proposed by the CommissionAmendment
(39a) 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.

Or. en

Amendment 22

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 should also be able to register their capabilities if they deem it appropriate. 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.

Or. en

Amendment 23

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. 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.

Or. en

Amendment 24

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 as the most appropriate solution, especially in crisis situations, where they are 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 their role and facilitate availability of the dual mode (diesel and electric) locomotives and locomotives with internal combustion engines, as this technology is readily available and able to be supplied by EU manufacturers.

Or. en

Amendment 25

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 EU 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, Ukraine, the Republic of 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. When carrying out its tasks, the Military Mobility Transport Group should avoid creating unnecessary new layers of administrative burden.

Or. en

Amendment 26

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.

Or. en

Amendment 27

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, 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.

Or. en

Amendment 28

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 EU 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).

Or. en

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – point 3

Text proposed by the CommissionAmendment
(3) ‘military transport permission’ means an authorisation or a diplomatic clearance granted by a receiving Member State to a requesting Member State, for cross-border military transport;(3) ‘military transport permission’ means a standing or ad hoc authorisation or a diplomatic clearance granted by a receiving Member State to a requesting Member State, for cross-border military transport;

Or. en

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – point 6 a (new)

Text proposed by the CommissionAmendment
(6a) ‘unarmed platform’ means a military air or maritime platform which does not carry offensive weapons ready for use; the presence of self-defence systems, including chaff and flare dispensers, or structural hardpoints not equipped with offensive weapons ready for use, shall not preclude classification as an unarmed platform;

Or. en

Amendment 31

Proposal for a regulation

Article 3 – paragraph 1 – point 11 a (new)

Text proposed by the CommissionAmendment
(11a) ‘piloting’ means the traffic-management accompaniment of a military transport operation, in particular of abnormal military transport by road, carried out for the purpose of road safety and traffic management, and not for the physical protection of the transport, its cargo or personnel;

Or. en

Amendment 32

Proposal for a regulation

Article 3 – paragraph 1 – point 11 b (new)

Text proposed by the CommissionAmendment
(11b) piloting shall be distinct from escort and shall not, by itself, imply a requirement for police or armed escort;

Or. en

Amendment 33

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 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;

Or. en

Amendment 34

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.

Or. en

Amendment 35

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.

Or. en

Amendment 36

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.

Or. en

Amendment 37

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 order, national security, critical infrastructure or overriding operational requirements, and shall inform the requesting Member State without undue delay, including the reasons therefore.

Or. en

Amendment 38

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 road safety, rail safety, port safety, air safety, infrastructure capacity, critical infrastructure protection, public order or national security.

Or. en

Amendment 39

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 transport permission in force between the requesting and the receiving Member States.

Or. en

Amendment 40

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 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.

Or. en

Amendment 41

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 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.

Or. en

Amendment 42

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.

Or. en

Amendment 43

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. For the purposes of this Article, military transport carried out by civilian operators on behalf of the armed forces shall, as regards exemptions and derogations necessary to ensure the execution of the transport operation, be treated in the same manner as military transport undertaken directly by the armed forces.

Or. en

Amendment 44

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:

Or. en

Amendment 45

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;

Or. en

Amendment 46

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;

Or. en

Amendment 47

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 in the context of NATO operations, as laid out in Article 17;

Or. en

Amendment 48

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.

Or. en

Amendment 49

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;

Or. en

Amendment 50

Proposal for a regulation

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

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

Or. en

Amendment 51

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.

Or. en

Amendment 52

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Shipments declared on EU form 302 or NATO form 302 shall, where subject to physical or document-based control, be treated as a matter of priority by the competent customs authorities.

Or. en

Amendment 53

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 be compatible with NATO mechanisms relating to military transport.

Or. en

Amendment 54

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.

Or. en

Amendment 55

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.

Or. en

Amendment 56

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 drawing up the proposal for an implementing act, the Commission shall, if appropriate, consult NATO and consider relevant NATO mechanisms, requirements and assessments. The Commission may consult the Military Mobility Transport Group during its assessment of the impact of the activation of EMERS in view of preparing the proposal for an implementing act to activate EMERS.

Or. en

Amendment 57

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

Or. en

Amendment 58

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 not exceed 12 months.

Or. en

Amendment 59

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.

Or. en

Amendment 60

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.

Or. en

Amendment 61

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, the Commission 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, 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.

Or. en

Amendment 62

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. It may include an application for the traffic arrangements referred to in Article 20(2).

Or. en

Amendment 63

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.

Or. en

Amendment 64

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 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.

Or. en

Amendment 65

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, no liability of railway undertakings shall arise and no compensation or reimbursement shall be payable by railway undertakings to passengers for delays, missed connections or cancellations that are directly and exclusively caused by priority access or other emergency measures granted pursuant to this Article during the period of activation of EMERS, provided that the railway undertaking could not reasonably have avoided the delay, missed connection or cancellation. This paragraph shall be without prejudice to the obligations of railway undertakings under Article 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).

Or. en

Amendment 66

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.

Or. en

Amendment 67

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.

Or. en

Amendment 68

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 and by reinforcing and enlarging rail, road, port and aerodrome infrastructure;

Or. en

Amendment 69

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 and cyber defence of communication, control, navigation and surveillance infrastructure, in particular against interferences with radio-frequency communications;

Or. en

Amendment 70

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 appropriate fuel reserves along the military mobility corridors and thus guarantee the functionality of transport capabilities;

Or. en

Amendment 71

Proposal for a regulation

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

Text proposed by the CommissionAmendment
(ga) based on their assessment, analysis and monitoring, Member States shall address and fill capability gaps relating to military mobility corridors.

Or. en

Amendment 72

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, security, or resilience of that corridor, in particular for cross-border transport. To that end, they shall by 6 months from the date of entry into force of this Regulation:

Or. en

Amendment 73

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. 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.

Or. en

Amendment 74

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;

Or. en

Amendment 75

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;

Or. en

Amendment 76

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 has strategic assets to planned or past military transport;

Or. en

Amendment 77

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 transport-critical energy, communications and digital infrastructure, meeting the following criteria as strategic dual-use infrastructure for the purposes of this Regulation:

Or. en

Amendment 78

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;

Or. en

Amendment 79

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 has strategic assets to planned or past military transport;

Or. en

Amendment 80

Proposal for a regulation

Article 33 – paragraph 3 – point e a (new)

Text proposed by the CommissionAmendment
(ea) infrastructure that plays a strategic role in providing energy supplies, including fuels supplies, that facilitate military transport along the military mobility corridors;

Or. en

Amendment 81

Proposal for a regulation

Article 33 – paragraph 3 – point e b (new)

Text proposed by the CommissionAmendment
(eb) fuel and energy infrastructure that is functionally linked to military mobility corridors or otherwise essential for ensuring the continuity of refuelling, recharging, storage, distribution or supply for military transport operations, including during the activation of EMERS.

Or. en

Amendment 82

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. 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”.

Or. en

Amendment 83

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) where appropriate, take basic measures to protect the SDI against interferences and attacks by State and non-State actors, including terrorist attacks, cybersecurity, unmanned aerial vehicle (UAV) attacks and other hybrid attacks, and equip the SDI with electronic warfare interference capacity to counter air raids and drone attacks, including jamming and spoofing.

Or. en

Amendment 84

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.

Or. en

Amendment 85

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. Parties to the North Atlantic Treaty that are not Member States, as well as Ukraine and the Republic of Moldova, may also register their capabilities if they deem it appropriate. 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.

Or. en

Amendment 86

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. 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.

Or. en

Amendment 87

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.

Or. en

Amendment 88

Proposal for a regulation

Article 35 – paragraph 6

Text proposed by the CommissionAmendment
6. Subject to the availability of Union funding, Union capabilities may be procured with the objective of addressing the Union’s gaps in the area of transport capabilities, under conditions to be specified in the implementing act referred to in paragraph 15. Union capabilities shall be automatically registered in the Solidarity Pool.6. Subject to the availability of Union funding, Union capabilities may be procured with the objective of addressing the Union’s gaps in the area of military transport capabilities, under conditions to be specified in the implementing act referred to in paragraph 15. Union capabilities shall be automatically registered in the Solidarity Pool.

Or. en

Amendment 89

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. The requesting Member State for which Union capabilities are deployed shall be responsible for directing support operations.

Or. en

Amendment 90

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 by all means.

Or. en

Amendment 91

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.

Or. en

Amendment 92

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:

Or. en

Amendment 93

Proposal for a regulation

Article 36 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. During the period of activation of EMERS, due to an expected lack of available vehicles in the Solidarity Pool, the Military Mobility Transport Group shall have access to the vehicle registers referred to in Article 36 for military mobility purposes.

Or. en

Amendment 94

Proposal for a regulation

Article 36 – paragraph 4 b (new)

Text proposed by the CommissionAmendment
4b. 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.

Or. en

Amendment 95

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:

Or. en

Amendment 96

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;

Or. en

Amendment 97

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.

Or. en

Amendment 98

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.

Or. en

Amendment 99

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.

Or. en

Amendment 100

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. By [three months from the date of entry into force of this Regulation], each Member State shall designate a National Coordinator for Cross-Border Military Transport who shall be permanently operationally available and shall have the powers, resources and institutional access necessary to coordinate all competent authorities at national, regional and local level.

Or. en

Amendment 101

Proposal for a regulation

Article 40 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. 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.

Or. en

Amendment 102

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;

Or. en

Amendment 103

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 Environmental Executive Agency (CINEA). 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.

Or. en

Amendment 104

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, Ukraine, the Republic of Moldova 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.

Or. en

Amendment 105

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.

Or. en

Amendment 106

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, the Military Mobility Transport Group and to NATO.

Or. en

Amendment 107

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.

Or. en

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 Emergency Military Transport Mechanism (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 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
ORLEN S.A.
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
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.