Kiri

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Kaitseministeerium /  / ; Riigikantselei /  / 2-5/25-02245

Resolutsiooni teema: Euroopa Liidu sõjalise liikuvuse pakett

Adressaat: Kaitseministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse kohta, kaasates seejuures olulisi huvigruppe ja osapooli:

- 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, COM(2025)847

- JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on Military Mobility, JOIN(2025)846

EISi toimiku nr: 25-0585 Tähtaeg: 06.02.2026

Adressaat: Justiits- ja Digiministeerium, Kliimaministeerium, Majandus- ja Kommunikatsiooniministeerium, Rahandusministeerium, Regionaal- ja Põllumajandusministeerium, Riigikantselei Ülesanne: Palun esitada oma sisend Kaitseministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 23.01.2026

Lisainfo: Eelnõu on kavas arutada valitsuse 19.02.2026 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (11.02.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 06.02.2026.

Kinnitaja: Nele Grünberg, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 08.12.2025 Resolutsiooni koostaja: Sandra Metste [email protected],  

.

EN EN

EUROPEAN COMMISSION

Brussels, 19.11.2025

COM(2025) 847 final

2025/0847 (COD)

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

{SWD(2025) 847 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Military mobility is the ability of Member States’ armed forces to swiftly move troops and

equipment in the Union and across its external borders for military purposes. As an essential

enabler for European security and deterrence, it underpins the Union’s preparedness and

readiness. Military mobility is vital for our European security and defence and capacity to

react to natural and man-made disorders. The EU Member States’ forces need to be able to

carry out the military transport of equipment, goods and passengers in the Union and across

its external borders, while minimising and mitigating the impact of such transport on civilian

transport, and to respond quickly and with sufficient scale to crises erupting at the EU’s

external borders and beyond. Moreover, the Russian aggression against Ukraine demonstrates

every day how important it is to move military aid and supply as quickly and smoothly as

possible.

While important progress has been made, significant barriers to effective military mobility in

the EU persist. Divergent national rules, fragmented procedures, and the absence of clear

coordination continue to delay military transport. The EU’s transport infrastructure is

insufficiently adapted to dual-use needs and remains vulnerable to disruptions. Access to fuels

for military transport operations remains a challenge. Dual-use transport capabilities that are

critical for military transport operations remain scarce. These barriers expose critical

vulnerabilities for the Union’s transport network and undermine the EU’s security stance,

civilian protection operations, and deterrence capacity.

The Joint White Paper for European Defence - Readiness 2030 of March 2025(1) recognises

the need to address the regulatory, infrastructure and capability hurdles to significantly

improve military mobility. The Defence Readiness Roadmap 2030 of 16 October 2025(2)

translates this into clear objectives and milestones, announcing a Military Mobility package in

November 2025.

The European Council conclusions of 26 June 2025(3) also invited the Commission and the

High Representative to present further proposals to strengthen military mobility, thereby

allowing defence equipment and personnel to be moved efficiently across the Union.

The Regulation replies to these calls and forms part of the Military Mobility Package, with the

Joint Communication on Military Mobility. It puts forward a comprehensive set of measures

aiming at facilitating the transport of equipment, goods and personnel for military purposes,

while minimising and mitigating the impact of such transport on civilian transport.

The Regulation entails a comprehensive set of measures aiming at:

(a) Streamlining cross-border military transport (establishing a uniform framework for

permission procedures and ensuring uninterrupted and safe military transport);

(1) JOIN(2025) 120 final - White Paper for European Defence – Readiness 2030. (2) JOIN(2025) 27 final - JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE

EUROPEAN COUNCIL AND THE COUNCIL - Preserving Peace - Defence Readiness Roadmap

2030. (3) EUCO 12/25 - European Council meeting (26 June 2025) – Conclusions.

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(b) Enhancing emergency response (creating an efficient, coordinated, and effective

framework to facilitate military transport in response to temporary, extraordinary,

and urgent situations);

(c) Improving infrastructure readiness and protection (setting out rules to enhance the

readiness of dual-use transport infrastructure and better protect strategic dual-use

infrastructure against all hazards and threats);

(d) Fostering solidarity and capability sharing (encouraging the sharing and pooling of

transport and logistic capabilities through a Solidarity Pool and increasing visibility

of existing transport capabilities for military transport).

• Consistency with existing policy provisions in the policy area

This Regulation, which focuses on the adaptation of dual-use transport infrastructure and

equipment, as well as procedures to facilitate transport for military mobility purposes while

minimising and mitigating the impact of such transport on civilian transport, is fully

consistent and complementary with the progress that has been achieved so far to improve

military mobility.

Since 2017, the EU has pursued a dedicated agenda to strengthen military mobility. A series

of measures to tackle physical, procedural and regulatory barriers for military movements

were proposed in two Action Plans on Military Mobility in 2018(4) and 2022(5). In 2024,

Member States committed in their ambitious Military Mobility Pledge(6) to address the

remaining gaps in military mobility. Military mobility is also a “flagship area” of EU–NATO

cooperation.

On regulatory aspects, efforts have been mainly focused on the cross-border military

movement permissions. Here, the European Defence Agency (EDA) and contributing

Member States have established Technical Arrangements to standardize cross-border

movement permission procedures, aiming to simplify and harmonize these procedures.

Although these arrangements represent a significant step forward, their implementation

remains incomplete to truly facilitate seamless military transport.

On infrastructure, the revised 2024 TEN-T Regulation(7) commits Member States to integrate

military mobility into European transport policy, aiming to create a dual-use network. To

guide investments, the Council adopted four priority multi-modal military mobility corridors

in 2025, enabling strengthened cooperation and coherent planning between Member States.

Realizing a dual-use network requires significant investment. Under the 2021-2027

Multiannual Financial Framework (MFF), €1.69 billion was allocated to co-fund dual-use

infrastructure through the Connecting Europe Facility (CEF)(8), supporting 95 projects across

21 Member States. However, demand substantially exceeded available resources, with the 3rd

and final call for dual-use transport infrastructure projects under the CEF resulting in an

(4) JOIN/2018/05 JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE

COUNCIL on the Action Plan on Military Mobility. (5) JOIN/2022/48 JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE

COUNCIL Action Plan on Military Mobility 2.0. (6) Council Conclusions on EU Security and Defence, 27 May 2024, 9225/24. (7) Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union

guidelines for the development of the trans-European transport network. PE/56/2024/ADD/1. (8) Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing

the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014

PE/52/2021/INIT.

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oversubscription rate of 4.71. 22 Member States applied to this call with 112 projects (for a

total requested EU co-funding of EUR 3.7 billion, while eventually EUR 807 million was

allocated to support 38 projects in 18 Member States. This, together with the increased

urgency to reinforce EU defence prompted the Commission to propose a tenfold increase in

the military mobility budget for the CEF proposal for the next 2028-2034 MFF(9). Moreover

in the next MFF, Member States can support the dual-use infrastructure investments, notably

on TEN-T infrastructure, through their National and Regional Plans. Additionally in this MFF

period, Member States can reallocate cohesion policy funds and use SAFE(10) instrument to

finance dual-use projects. Finally, the European Investment Bank Group recently changed its

lending policy on defence and plans to invest EUR 3.5 bn in 2025 in security and defence,

including in defence infrastructure and military mobility.

Beyond regulatory aspects and infrastructure, progress has also been achieved on capability

and digitalisation dimension, but also the development of necessary future transport

equipment critical for military mobility. The EU has for instance supported projects on digital

information exchange, outsized cargo airlift, and future air systems through the European

Defence Fund (EDF)(11). Horizon Europe2, the EU’s key research and innovation programme,

has also supported research and innovation that indirectly supports military mobility, such as

batteries, fuel cells, hydrogen technologies, high-capacity rail systems, and intelligent

transport systems. The Commission proposal3 for the next Horizon Europe Framework

Programme may support military mobility more directly, as dual-use actions may be

supported. Member States can also use the SAFE instrument to finance the procurement of

military mobility capabilities. Under the next MFF, the Commission has proposed a specific

component on Military Logistics Enablement and Support within the European

Competitiveness Fund (ECF) proposal(12) including activities related to the digitalisation of

military mobility processes, the procurement of products that improve the access to military

mobility capabilities, the protection and resilience of dual-use infrastructure, and assistance to

Member States in accessing required transport and logistic resources and equipment. The set

up and functioning of the Solidarity Pool has notably been designed to work in consistency

with the possible investments under ECF proposal aimed at improving the access to

1 22 Member States applied to this call with 112 projects for a total requested EU co-funding of EUR 3.7

billion, while eventually EUR 807 million was allocated to support 38 projects in 18 Member States. (9) COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE

EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS A dynamic EU Budget for the priorities

of the future - The Multiannual Financial Framework 2028-2034 COM/2021/550. (10) Council Regulation establishing the Security Action for Europe (SAFE) through the reinforcement of

European defence industry Instrument (COM(2025) 122 final 2025/0122 (NLE), dated 19 March 2025). (11) Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing

the European Defence Fund and repealing Regulation (EU) 2018/1092 PE/11/2021/INIT. 2 REGULATION (EU) 2021/695 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of

28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation,

laying down its rules for participation and dissemination, and repealing Regulations (EU) no 1290/2013

and (EU) No 1291/2013. 3 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing Horizon Europe, the Framework Programme for Research and Innovation, for the period

2028-2034 laying down its rules for participation and dissemination, and repealing (EU) 2021/695

COM/2025/543 final. (12) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on

establishing the European Competitiveness Fund ('ECF’), including the specific programme for defence

research and innovation activities, repealing Regulations (EU) 2021/522, (EU) 2021/694, (EU)

2021/697, (EU) 2021/783, repealing provisions of Regulations (EU) 2021/696, (EU) 2023/588, and

amending Regulation (EU) [EDIP] COM/2025/555 final.

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capabilities for military transport. The ECF InvestEU instrument can provide loans and

guarantees for dual-use infrastructure.

This Regulation is entirely consistent with the progress, efforts, and proposals made to date. It

will tackle key aspects that have not been adequately addressed so far in all three dimensions -

regulatory, infrastructure, and capabilities. The Regulation is fully aligned with the financial

investments foreseen under the next MFF and will work in tandem with them. For example,

investments in infrastructure through the CEF will have a synergistic effect, facilitating

military transport by increasing the availability of adapted dual-use infrastructure within the

Union.

• Consistency with other Union policies

The Regulation is consistent with the Joint Communication of 26 March 2025 on the

European Preparedness Union Strategy.(13) The latter calls for enhanced civil-military

cooperation, with improved interaction between civilian and military actors, an approach that

is at the heart of this Regulation which aims to improve the whole of society and whole of

government approach when it comes to military transport operations.

The Regulation is also in line with the Communication of the Commission on “the EU

stockpiling strategy: Boosting the EU's material preparedness for crisis".(14) The Regulation

tables concrete measures to address the call made in this Communication to enhance

cooperation and coordination to create adaptable policies and regulatory frameworks for

cross-border movement in times of crisis and disruption, notably by simplifying procedures

for moving and allocating resources across borders and providing targeted flexibility in

transport Regulations. The provisions of this Regulation on the European Military Mobility

Enhanced Response System (EMERS) are particularly consistent with the approach outlined

in the EU stockpiling strategy.

The Regulation, by laying out the possibility to set up a Solidarity Pool of shared transport

and logistic capabilities for the purposes of addressing the capability gaps faced by Member

States when it comes to performing military transport operations, takes direct inspiration from

the successful experience of the Commission with the European Civil Protection Pool and

rescEU under the Union Civil Protection Mechanism(15).

In addition, while aiming to enhance the resilience of the strategic dual-use infrastructure, this

Regulation builds on the existing Directive on the resilience of critical entities(17). Among

other, the Regulation addresses the specific need to enhance the resilience and protection of

dual-use infrastructure strategic to military transport by introducing complementary rules that

build on the above-mentioned existing directive, focusing on the identification and resilience

of such transport infrastructure.

(13) JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL,

THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE

COMMITTEE OF THE REGIONS on the European Preparedness Union Strategy JOIN/2025/130. (14) COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE

COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE

OF THE REGIONS EU stockpiling strategy: Boosting the EU's material preparedness for crises,

COM(2025) 528 final. (15) REGULATION (EU) 2021/836 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of

20 May 2021 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism. (17) Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the

resilience of critical entities and repealing Council Directive 2008/114/EC PE/51/2022/REV/1.

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Finally, while it proposes specific and ancillary provisions on customs procedures for military

transport, strictly necessary to facilitate the implementation of the envisaged transport

measures, this Regulation remains fully compatible with the proposed revision of the Union

Customs Code(18), which lays down the customs rules and procedures in the EU customs

territory.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Member States’ armed forces rely heavily on dual-use transport infrastructure and equipment

to perform their military transport operations. By recognising this dual-use dimension, the

common transport policy can be mobilised and developed to support the specific needs of

military transport.

Further, rules on cross-border military transport need to be appropriately integrated and

developed within the common transport policy, developed at Union level, in particular to take

account of relevant specificities of transport carried out on behalf of the armed forces by civil

companies, and also to ensure that its impact on other civilian transport is minimised and

mitigated to the extent possible.

Taking into account the above, and also the fact that the Regulation includes measures

applicable for road, rail and inland waterway transport, but also for air and sea transport, it is

based on Articles 91 and 100(2) of the Treaty on the Functioning of the European Union

(TFEU). It establishes a set of measures and lays down appropriate provisions aimed at

facilitating military transport in the Union and across its external borders and minimising and

mitigating the impact of such transport on civilian transport.

• Subsidiarity (for non-exclusive competence)

Military mobility in the EU refers to the ability of Member States armed forces to rapidly

deploy troops and equipment in the Union and across its external borders for military

purposes. Given its inherent transnational nature, military mobility is significantly impacted

by the complexities of cross-border movement. By tackling the challenges associated with

cross-border military transport, this Regulation aligns with the principle of subsidiarity,

ensuring that decisions are taken at the most effective level to facilitate seamless and efficient

military mobility across the EU.

On the regulatory side, despite national and intergovernmental efforts, progress in facilitating

cross-border military transport has been insufficient. The current regulatory landscape is

characterized by inconsistent and diverging national rules, resulting in a fragmented

framework that hinders the efficient dual-use of transport infrastructure and therefore the

transport of military personnel and equipment across borders while minimising and mitigating

its impact on civilian transport. To address this issue, a unified regulatory framework at the

Union level is necessary to establish a coherent and uniform approach to ensure dual-use of

transport infrastructure for military movements. Furthermore, the rules governing cross-

border military transport must be integrated and developed within the context of the common

transport policy, which is established at the Union level.

On infrastructure, cross-border military transport operations inherently rely on dual-use

infrastructure networks that span multiple Member States. The military mobility corridors

(18) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying

down the Union Customs Code.

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identified in 2025 are prime examples of this cross-border dimension. Consequently, the

measures proposed in this Regulation to enhance the readiness and resilience of dual-use

infrastructure are both necessary to ensure the seamless execution of cross-border military

transport operations and in line with the principle of subsidiarity. In contrast, fragmented

national approaches would be insufficient to achieve the objective of ensuring that cross-

border military transport operations can be conducted on dual-use infrastructure that is fit for

purpose.

When it comes to transport and logistic capabilities, Member States are confronted with

significant gaps that are de facto difficult to bridge at the national level alone, either due to the

substantial investment required or because addressing them individually would result in

unnecessary duplication of efforts. This can hinder efficient military transport in the Union

and across its external borders. To overcome this, several Member States have successfully

implemented "pooling and sharing" initiatives for transport and logistical capacities, such as

strategic air lift, demonstrating the potential of collaborative approaches. However, these

initiatives are currently fragmented and limited to certain number of Member States. The

proposed Regulation aims to build on these successes, making them accessible to all Member

States and expanding their scope to include additional transport modes and capacities. By

establishing a Solidarity Pool and introducing measures to enhance solidarity between

Member States in accessing relevant capabilities, and with this addressing the capability gaps

currently hindering military transport at Union level, the proposal respects the subsidiarity

principle, by providing a Union-level solution to a cross-border challenge. This approach

enables a more efficient and coordinated use of resources, ultimately benefiting all Member

States.

Finally, while the European Court of Auditors(19) and stakeholder consultations underscored

the necessity and relevance of EU-level action to address systemic barriers to military

mobility, the pressing need to improve military mobility also made the EU intervention

essential to deliver a coherent solution with the requisite speed and scale.

• Proportionality

The Regulation aims to facilitate and streamline military transport within the Union by

promoting dual-use of civilian infrastructure and increased coordination among Member

States. To achieve this objective, the proposed measures are carefully calibrated to be

proportionate to the needs of the Regulation, striking a balance between streamlined rules and

procedures for military transport and the primary responsibility of Member States regarding

military mobility. The Regulation does neither affect the sovereignty of Member States to

decide whether to move their military forces within the Union nor to grant permission for

another Member State's armed forces to transit through their territory. Instead, it seeks to

enable the effective implementation of such sovereign decisions, thereby enhancing the

overall efficiency of military mobility. By adopting a proportionate approach, the Regulation

ensures that military transport is facilitated while fully respecting the sovereignty of Member

States.

In addition, the Regulation strikes a careful balance between facilitating military transport

operations and mitigating their impact on civilians, thereby ensuring a proportionate

approach. The proposed rules aim to clarify the regulatory framework for civilian operators

contracted by Member States' armed forces, which account for most military transport

operations in the Union. Also, by distinguishing between normal military transport rules and

(19) European Court of Auditors Special report 04/2025 - EU military mobility - Full speed not reached due

to design weaknesses and obstacles en route.

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the emergency measures entailed under EMERS, the Regulation adopts a graduated and

progressive approach, reserving intrusive and far-reaching measures for situations that

genuinely require them. This targeted approach minimises the impact on the civilian sector,

limiting it to what is strictly necessary to accommodate increased military transport operations

in the Union. Furthermore, the measures enhance predictability for civilian activities and

provide opportunities for the civilian sector to contribute actively to improving military

mobility in the Union, fostering a collaborative and mutually beneficial environment.

• Choice of the instrument

The Commission proposes a Regulation of the European Parliament and of the Council. This

is the most suitable legal instrument as only a Regulation, with its uniform application,

binding nature and direct applicability, can provide the necessary degree of uniformity needed

to significantly facilitate and streamline military transport. In addition, this is in line with

Articles 91 and 100(2) of the Treaty on the Functioning of the European Union, which set out

the ordinary legislative procedure to be used to adopt measures in their respective fields of

application.

The choice not to select the option of a Directive can mainly be explained by the fact that the

latter necessarily entails a transposition period by Member States, requiring time and efforts

that were incompatible with the pressing timeline by which the Union must improve military

mobility, as outlined in the Joint White Paper for European Defence - Readiness 2030.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

This proposed Regulation is a new policy initiative. There has been no existing legislation on

cross-border military transport of military personnel and goods at EU level so far.

• Stakeholder consultations

To collect qualitative and quantitative data and feedback on key issues of the Military

Mobility Package 2025 a targeted stakeholder consultation for the Military Mobility Package

was conducted. Launched on 12 June 2025 by the European Commission in collaboration

with the High Representative, it addressed Member States and all relevant actors including

NATO, relevant PESCO projects, military mobility areas, industry, transport infrastructure

and assets managers, customs and energy sector stakeholders and the financial sector among

others. This targeted stakeholder consultation encompassed a dedicated online survey and

possibility to submit position papers and written contributions until 31 July 2025. The

European External Action Service and the European Commission services also conducted

bilateral meetings with Member States in September 2025.

In total, the Commission received 107 contributions to the survey, of which 39 from Member

States and 2 from Norway, 36 from companies, 12 from industry associations, 4 from other

organisations. Other contributions included 12 from port authorities, 1 from rail authority and

1 representing workers. With regards to sectors represented, where possible to provide a

specific allocation, 6 originated from air sector, 3 representing customs authorities, 1 from

energy sector, 21 from rail sector, 2 from road sector and 18 from sea domain. 76 position

papers were also received in the consultation, 7 from Member States and 69 from industry,

think tanks, and other organisations. Input was also received from NATO.

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The bilateral meetings with the Member States provided an opportunity to further discuss and

deepen the understanding of the written contributions provided and present the aggregate

results of the stakeholder survey to Member States.

• Collection and use of expertise

Not Applicable

• Impact assessment

There is an urgent need to improve military mobility as part of the broader strategic objective

of enhancing the European defence-readiness, as highlighted in the Strategic Compass of

2022(20) and the Joint White Paper for European Defence - Readiness 2030. In view of the

urgency of the security context, and the urgent need to facilitate military transport in view of

the geopolitical environment, the proposal is exceptionally presented without an

accompanying impact assessment.

However, the Commission proposal for a Regulation is accompanied by a Staff Working

Document providing a factual description of the rationale for EU-level intervention, to

demonstrate the EU’s capacity to bring added value through its regulatory, budgetary, and

coordinating actions, and to prepare the ground for the adoption of the Military Mobility

Package itself. This ensures that the new proposal is supported by a structured analysis of the

problems, objectives, and options available.

• Regulatory fitness and simplification

The overall objective of the Regulation is also to facilitate and streamline rules on military

transport, thereby it is expected to decrease the administrative burden, notably for the

handling of cross-border military transport permissions and related procedures by Member

States.

• Fundamental rights

This proposed Regulation fully aligns with the Charter of Fundamental Rights of the

European Union (the "Charter"). The proposal respects the freedom of movement of persons

and goods, as enshrined in the Charter. While this Regulation does not undermine the powers

of the Member States to grant cross-border military transport permissions during peacetime,

the Regulation establishes procedural and legal frameworks to ensure Member States apply

these decisions in a manner consistent with the principles of fair proceedings (Article 47 of

the Charter) and good administration (Article 41 of the Charter).

Facilitating military mobility can contribute to minimise the impact of civil transport and

therefore safeguarding fundamental rights of EU citizens.

Article 8 of the Charter provides the right to protection of personal data. Where the foreseen

sharing of information on dual-use capabilities (e.g., infrastructure) with military authorities

may involve personal data (e.g., owner/operator names), any processing of personal data must

comply with EU data protection law (in particular Regulation (EU) 2016/679 and Regulation

(EU) 2018/1725) to balance operational needs and privacy.

Article 17 (1) of the Charter provides the right to property, laying out that everyone has the

right to own, use, dispose of and bequeath his or her lawfully acquired possessions.

However, to facilitate military mobility within the EU, this Regulation requires that Member

States establish or have in place a framework enabling the temporary control/right of use for

(20) A STRATEGIC COMPASS FOR SECURITY AND DEFENCE (2022).

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infrastructure, assets, or equipment, to ensure the uninterrupted continuity and effectiveness

of their military transport operations, as well as to allow the use of such temporary control

measures to support the military transport operations of other Member States, upon request.

This must be in line with Article 17 (1), which contains exemptions to the right of property,

when it is in the public interest and in the cases and under the conditions provided for by law,

subject to fair compensation being paid in good time for their loss. This Regulation foresees

that owners, operators and managers of infrastructure, assets, or equipment subject to a

temporary control measure shall not be unfairly burdened and shall be appropriately

compensated for expenses incurred and damages suffered, because of such measures.

Any limitation of right to property in this proposal will, in accordance with Article 52(1) of

the Charter, be provided for by law, respect the essence of those rights and freedoms, and

comply with the principle of proportionality.

4. BUDGETARY IMPLICATIONS

The budgetary impact of this initiative is limited to appropriations for human resources to

carry out the tasks and objectives under this Regulation and the necessary IT system

developments to support databases development and maintenance. Human resources will be

needed across Commission services (DG MOVE, DG DEFIS, DG TAXUD, DG ECHO) to

ensure the adoption of the necessary implementing and delegated acts, to meet the

Commission’s new responsibilities and to implement the actions and tasks under this

Regulation (in particular relating to the Military Mobility Transport Group, Solidarity Pool

and Digital Information System, the implementation of the military mobility corridors and the

strategic dual-use infrastructure with increased responsibilities for the TEN-T Committee, and

the simplification and digitalisation of customs formalities). The required budget in human

resources to perform these tasks is estimated to amount to EUR 53.7 million from which EUR

4.5 million in the budgetary period 2021 – 2027.

Human resource needs are also expected in decentralised agencies. The Commission will be

assisted by EASA in implementing the provisions of the Regulation related to aviation,

notably for the rule development of unmanned aircraft systems, the delivery of new military

mobility capabilities by facilitation of innovative dual drones, manned aircraft and Counter-

UAS (C-UAS) systems harmonised technical rules and guidance for Counter-UAS systems

harmonised technical rules and guidance to facilitate air military mobility and interoperability

with civil aviation. The Commission will be assisted by the European Union Agency for

Railways (ERA) in implementing the provisions of the Regulation related to rai, notably (i)

the contribution to discussions related to military requirements for rail infrastructure and

assets, (ii) the integration of existing military standards into the technical specifications for

interoperability to make them enforceable, as appropriate, (iii) the harmonisation of

operational (safety) and technical rules for military transport, (iv) additional authorisation

tasks related to dual-use vehicles, including as Registration Entity, and (v) the adaptation of

existing registers and tools, including the European Vehicle Register. The required budget to

perform these tasks across both agencies is estimated to amount to EUR 17.5 million from

which EUR 2.6 million in the budgetary period 2021 – 2027.

The digital investments related to this initiative, in particular for the Solidarity Pool and other

required IT tools, are estimated to amount to EUR 2.5 million.

The indicative budget under the next MFF is without prejudice to the outcome of the

negotiations on the next MFF.

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5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Monitoring of implementation will be carried out in cooperation with Member States to

ensure that competent authorities implement the requirements of the proposed Regulation

effectively and consistently. To this end, the proposal requires Member States to establish

National Coordinator for Cross-Border Military Transport and establishes of a Military

Mobility Transport Group consisting of Member States' representatives, who will meet

regularly to consider, inter alia, questions relating to the implementation of parts of the

Regulation. The monitoring of transport infrastructure related aspects, notably with regard to

the military mobility corridors and the identification of strategic dual-use infrastructures will

be done through the TEN-T Committee.

Stress tests may be conducted by the Commission, in collaboration with Member States and

relevant EU bodies, to test and evaluate the effectiveness of the whole-of-government

approach in implementing this proposal’s objectives, including the coordination and

cooperation among relevant bodies, authorities, and stakeholders, as well as to test the

implementation of this Regulation’s objectives in a specific geographical area, such as a

specific military mobility corridor or European border regions of a Member State with a third

country, or in a specific sectorial area, such as customs.

The Commission will undertake an evaluation of this Regulation no later than three years

after its entry into force to assess the actual impacts and evaluate its efficiency and

effectiveness and the extent to which its results are consistent with the objectives. The

Commission will communicate the results of this evaluation to the European Parliament and

the Council.

• Detailed explanation of the specific provisions of the proposal

Not Applicable

EN 11 EN

2025/0847 (COD)

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 91 and Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The Commission and the High Representative presented a Joint White Paper for

European Defence - Readiness 2030(4) 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.

(2) In the European Council conclusions of 26 June 2025(3), the Heads of State or

Government invited the Commission and the High Representative of the Union for

Foreign Affairs and Security Policy to present further proposals to strengthen military

mobility, thereby allowing defence equipment and personnel to be moved efficiently

across the Union.

(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.

(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

(1) OJ C [...], [...], p. [...]. (2) OJ C [...], [...], p. [...]. (4) JOIN(2025) 120 final - White Paper for European Defence – Readiness 2030. (3) Conclusions of the European Council, EUCO 12/25, 26 June 2025.

EN 12 EN

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.

(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.

(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.

(7) Standing military transport permissions should not be tied to any specific military

transport operation, but should constitute pre-authorised permissions for cross-border

military transport and should cover pre-defined types of military transport operations.

When granting standing military transport permissions for military transport

operations, Member States should be able to agree on pre-conditions under which

those operations are to be carried out, including applicable traffic arrangements and

pre-defined routes, in order to facilitate permitted transport operations requiring traffic

arrangements using the available dual-use infrastructure.

(8) To ensure more transparency and operational coherence in the management of dual-

use transport infrastructure, Member States should coordinate as much as possible in

advance, in line with the 2024 Military Mobility Pledge(7), which emphasises

(7) Council Conclusions on EU Security and Defence, 27 May 2024, 9225/24.

EN 13 EN

multilateral and bilateral coordination mechanisms to harmonise procedures and

improve efficiency along main corridors. Therefore, Member States situated along the

same military mobility corridor should be able to align their standing military transport

permissions, and should be able to coordinate in advance those pre-planned

arrangements and pre-defined routes. Where a military transport operation crosses

several Member States, the requesting Member State should simultaneously submit the

notification to all involved Member States that granted standing military transport

permissions to that Member State.

(9) The scope of the standing military transport permission should be specified in order to

cover at this stage only simple military transport operations, while providing for the

possibility to be extended in the future in order to cover more complex military

transport operations. That process should go hand-in-hand with an investment effort to

adapt and upgrade infrastructure of the military mobility corridors, enhanced

coordination on pre-defined routes for all kind of military transport operations and a

reinforced access to transport capabilities.

(10) Ad hoc military transport permissions are necessary to carry out military transport

operations in the absence of a standing permission or when they fall out of the scope

of an existing standing permission and should mainly apply for short notice,

unplanned military transport operations that go beyond the agreed scope of standing

permission, in line with the 2024 Military Mobility Pledge in which Member States

committed to grant cross-border movement permissions within a maximum of three

working days.

(11) In addition to permissions, certain cross-border military transport operations require

traffic arrangements. Such arrangements can relate to the routes for the safe transport

of abnormal military cargo or dangerous goods, the escorts to accompany military

transport operations, the necessary Host-Nation-Support in the context of a military

transport operation, or other transport mode-specific traffic safety measures or

requirements that go beyond ordinary rules, such as limited access to rail track

crossings, blocked roads, or restricted airspace. In addition, in the rail sector, the rail

infrastructure manager also needs to allocate an individual train path and give specific

authorisation for exceptional transports, while railway undertakings need to carry out

route compatibility and train composition checks required for a military transport

operation. Such traffic arrangements and path allocations help minimise adverse

impacts on civilian transport activities. Common procedures and deadlines for

requesting and granting traffic arrangements, including the coordination with

infrastructure managers, are needed to harmonise and streamline processes and reduce

delays and disruptions. Traffic arrangements established under this Regulation should

be without prejudice to other operational procedures or requirements that may be

applicable under Union or national legislation for carrying out the concerned military

transport operations.

(12) It is necessary to streamline procedural formalities and provide templates for military

transport requests and notifications in order to avoid delays, inefficiencies and

operational bottlenecks. Any request and notification for a military transport

permission, including for the military transport of dangerous goods and abnormal

military cargo, should be made by Member States using the template set out in Annex

II to this Regulation. All requests and notifications linked to a single military transport

operation should be combined into a single permission request or a single notification.

No additional forms should be required by any Member State. That should be without

prejudice to the applicable Union customs rules, in particular to the EU and NATO

EN 14 EN

forms 302. Any communication between Member States linked to requests and

notifications of military transport operations and traffic arrangements should be

transmitted through the respective National Coordinator for Cross-Border Military

Transport.

(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.

(14) Military transport operations should be conducted without undue disruption at the

internal border crossings, within the customs territory of the Union, in a way that

limits bottlenecks for civilian transport. During the escort of military transport, the

flagging of vehicles, and the handling of weapons and ammunition are needed to

guarantee both safety and efficiency, and controls at the border could introduce delays

that could jeopardise the timeliness of military transport operations. Any necessary

control measures should only be conducted at the first planned stop after the internal

border of a Member State.

(15) Some international agreements already apply to the transport of dangerous goods by or

for the armed forces. However, such transport is to a great extent subject to the

relevant national rules and permit systems of the Member States. This creates delays

and unnecessary administrative burdens. Therefore, the military transport of dangerous

goods within the Union by or for the armed forces should be allowed, provided that

the same requirements as set out in the relevant international agreements and

regulations on the transport of dangerous goods are complied with. In addition, in

cases where a NATO Ally that is not a Member State and that is not a party to these

agreements is treated as equivalent to a requesting Member State in accordance with

this Regulation, it should also be able to carry out military transport of dangerous

goods in the Union if it complies with the relevant NATO rules or, if no NATO rules

apply, with its applicable national rules, as appropriate.

(16) It is necessary to ensure that the road transport of abnormal military cargo that exceeds

the maximum weights or dimensions set out in Council Directive 96/53/EC(8) is

permitted, subject to the necessary traffic arrangements, if any, and provided that they

carry an indivisible load.

(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

(8) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the

Community the maximum authorized dimensions in national and international traffic and the maximum

authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59, ELI:

http://data.europa.eu/eli/dir/1996/53/oj).

EN 15 EN

military transport operations are carried out swiftly and smoothly throughout the

Union also during those periods.

(18) Traffic restrictions applied on specific road sections and based on the environmental

performance of vehicles can pose in some circumstances a disproportionate burden on

military transports performed directly by the armed forces. That is because military

road vehicles are often significantly heavier than civilian road vehicles, meaning there

are less zero- or low emission alternatives. In addition, the renewal of such heavy

military road vehicles is slower than that of the civilian fleet. For those reasons,

military transport carried out directly by the armed forces should be exempted from

traffic restrictions applied on specific road sections based on the environmental

performance of vehicles.

(19) Cabotage operations by road in the Union are restricted under Regulation (EC) No

1072/2009 of the European Parliament and of the Council(9). While military transport

operations done by the armed forces are excluded from those restrictions, this is not

the case for those carried out by contracted civilian hauliers. To facilitate military

transport, it is necessary to give Member States the possibility to exempt military

transport operations carried out by civilian operators from those restrictions where

necessary to facilitate military transport.

(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.

(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

(9) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on

common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72, ELI:

http://data.europa.eu/eli/reg/2009/1072/oj).

EN 16 EN

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).

(22) As highlighted in the Action Plan on Military Mobility 2.0(10) a Union framework is

needed to facilitate large-scale and accelerated transport of military personnel and

equipment when needed in exceptional circumstances. To that end, a European

Military Mobility Enhanced Response System (‘EMERS’) should be established to

provide for temporary and extraordinary Union-wide measures to ensure timely and

uninterrupted military transport across the Union in such circumstances, while

minimising civilian traffic disruption.

(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.

(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.

(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.

(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

(10) JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the

Action Plan on Military Mobility. JOIN/2018/05.

EN 17 EN

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.

(27) In order to facilitate military transport, specific rules relating to transport should apply

during the period of activation of EMERS. Military transport operations should be

deemed to be automatically permitted by receiving Member States. Requesting

Member States should only notify receiving Member States of a planned military

transport operation as early as possible and at the latest six hours before the scheduled

time of arrival at the border crossing point of the receiving Member State.

Notifications should include all relevant details, and, where applicable, the request for

Host-Nation-Support or other traffic arrangements, to enable receiving Member States

to prepare effectively. Where the receiving Member State requires traffic

arrangements, these should be determined in due time to ensure that the transport

operation can take place according to schedule, ensuring rapid coordination, balancing

military readiness with the need for timely and predictable cross-border operations,

which helps to minimise disruptions of civilian traffic. To the extent that this

Regulation may have indirect consequences on the security and defence policy of

certain Member States, it provides rules to cater for specificities of those Member

States’ security and defence regimes.

(28) The Council Conclusions on EU Security and Defence(11) of 27 May 2024 pledged to

ensure that, by 2026 at the latest, a priority access or traffic in emergency or crisis

situations may be granted for rail military transport. Priority access for rail or air

military transport may be granted under provisions on crisis or emergency under

Regulation [Rail Capacity Regulation proposal] of the European Parliament and of the

Council(12) and under Regulation (EC) No 1008/2008 of the European Parliament and

of the Council(13), respectively. However, more specific rules granting priority access,

covering all modes of transport and better suited to EMERS, are needed. It is therefore

necessary to introduce a horizontal priority access right for the armed forces to

transport networks and infrastructure, and related services and facilities, across all

modes of transport. Due to the exceptional nature of EMERS and in order to limit the

financial burden on the armed forces, no compensation should be due by the armed

forces to transport users that are affected by such priority access, for instance because

their train is delayed, or they cannot dock at a specific port terminal. In view of these

potentially severe and costly consequences for other transport users, priority access for

the armed forces is considered justified only where EMERS is activated.

(11) Council Conclusions on EU Security and Defence - 9225/24. (12) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on

the use of railway infrastructure capacity in the single European railway area. [Rail Capacity Regulation

proposal]. (13) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008

on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI:

http://data.europa.eu/eli/reg/2008/1008/oj).

EN 18 EN

(29) During the period of activation of EMERS, where the requirements laid down in

international agreements are applicable to the military transport of dangerous goods

under this Regulation, Member States should be allowed, with the exception of

customs formalities to exempt military transport of dangerous goods from any of those

requirements. When doing so, they should not impose additional national rules. They

should also coordinate such exemptions in order to ensure that military transport

operations are subject to consistent rules as regards the transport of dangerous goods.

(30) In normal situations, the cargo to be transported should not exceed the maximum

applicable weights and dimensions, namely for reasons of road safety, unless the cargo

is indivisible. However, during the period of activation of EMERS, it may be

necessary to transport significant loads in a quick and effective manner, due to the

emergency situation. Therefore, during this period, the transport of abnormal cargo

should be permitted even if the load is not indivisible.

(31) During the period of activation of EMERS, Member States need to have access to

necessary transport and logistical capabilities to execute their military transport

operations. Therefore, Member States should be able to benefit from increased support

in this regard. The ability of the Commission to assist Member States in accessing

those capabilities is also necessary to ensure the effective execution of military

transport operations. The Military Mobility Transport Group should be able to identify

specific transport capabilities registered in the Solidarity Pool that are urgently needed

by certain Member States. In such cases, sharing and coordination efforts under the

Solidarity Pool should focus on supporting those priority requests, ensuring that the

required capabilities are made available in a timely and efficient manner.

(32) During the period of activation of EMERS, more military transport operations

involving cabotage may be needed. Member States should therefore exempt all

military transport of equipment, goods and personnel from cabotage restrictions during

that period.

(33) Union rules on driving times, breaks and rest periods for road transport as laid down in

Regulation (EC) No 561/2006 of the European Parliament and of the Council(35) are

important to ensure traffic safety and the health and well-being of transport workers.

While traffic safety remains essential during the period of activation of EMERS, the

limitations that those rules impose on military transport operations can cause critical

delays. Therefore, during that period, military transport by road should benefit from

less restrictive rules, without compromising workers’ welfare and the safety of the

transport.

(34) Directive (EU) 2016/797 of the European Parliament and of the Council(14) sets out

that before a railway undertaking uses a vehicle on a given network, the railway

undertaking should check if the vehicle has been authorised for this area of use and is

duly registered. During the period of activation of EMERS, due to higher volumes and

frequency of military transport operations, dual-use rail vehicles could be needed

outside their specified authorised areas of use. Therefore, railway undertakings should

(35) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport and amending Council Regulations

(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L

102, 11.4.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/561/oj). (14) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the

interoperability of the rail system within the European Union (recast) (OJ L 138, 26.5.2016, p. 44, ELI:

http://data.europa.eu/eli/dir/2016/797/oj).

EN 19 EN

be able to use them outside those areas, provided that safety is assured via other

mechanisms.

(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.

(36) Regulation (EU) 2017/625 of the European Parliament and of the Council(15) lays

down rules for the performance of official controls by the competent authorities of the

Member States to verify compliance with Union legislation in certain areas, including

food and feed safety and animal health. In particular, Regulation (EU) 2017/625

requires that certain categories of animals and goods from third countries are presented

at a border control post for official controls upon first entry into the Union to verify

compliance with Union requirements relating among others to public health and

animal health.

(37) Regulation (EU) 2017/625 does not provide for specific mechanisms for expedited or

waived official controls in emergency situations that justify the rapid entry of relevant

goods into the territory of the Union. During the period of activation of EMERS, the

requirement to perform mandatory border controls provided for in Regulation (EU)

2017/625 risks causing delays incompatible with the urgent and seamless military

transport of food, feed and dogs. To ensure rapid and unhindered military transport

when EMERS is activated, a derogation from official controls at border controls posts

required under Regulation (EU) 2017/625 is necessary with respect to food and feed

supplies and military dogs entering the Union.

(38) To ensure rapid and unhindered military transport within the Union in situations when

EMERS is activated and to avoid bottlenecks that could negatively impact civil

transport, customs procedures should be managed by activating the protocols and

procedures prepared by the European Union Customs Authority, in consultation with

the Commission, and the customs crisis management mechanism set out in Regulation

[customs reform](16) .

(15) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products, amending Regulations (EC) No

999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No

652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC,

2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC)

No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC,

89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision

92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1, ELI:

http://data.europa.eu/eli/reg/2017/625/oj). (16) Proposal for a Regulation of the European Parliament and of the Council establishing the Union

Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No

952/2013.

EN 20 EN

(39) The EU priority military mobility corridors as set out in the Council ‘Military

Requirements for Military Mobility within and beyond the EU’4 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.

(40) In addition, those corridors provide the basis for Member States and rail infrastructure

managers or national aviation authorities to pre-agree on designated routes and

supporting facilities, in particular for the military transport of dangerous goods and for

abnormal military transport, and on predefined cross-border air connections, or

connectivity points. Such pre-agreed or pre-arranged routes should be established to

significantly reduce the time needed for processing traffic arrangements.

(41) The Union transport system relies on the development of traffic measures and

technical requirements that are built with the view of ensuring and improving safety

and reliability. Those objectives serve in a similar way military transport that uses the

dual-use infrastructure as well as the resilience and security of the transport systems.

(42) Directive (EU) 2022/2557 of the European Parliament and of the Council(17) requires

Member States to identify critical entities that provide essential services across eleven

key sectors in the Internal Market, with a view to enhancing the resilience of those

critical entities against all hazards, and accounting for both natural and man-made

risks. Under Directive (EU) 2022/2557, Member States must also ensure that critical

entities take measures to enhance their resilience. In addition, there may be certain

dual-use transport, energy and ditigal infrastructure that are critical for military

transport, and notably the infrastructure that is located on or along the EU military

mobility corridors. This infrastructure has a strategic value that goes beyond national

borders. Such strategic dual-use infrastructure (‘SDI’) should therefore be identified

and protected by Member States due to its strategic importance under the coordination

of the Commission.

(43) Such SDI should therefore be protected against all hazards, to enhance their resilience

and to ensure their effective operation at all times, by Member States and their owners,

operators and managers alike. As a minimum, the obligations for critical entities

stemming from Directive (EU) 2022/2557 and the requirements for essential and

important entities stemming from Directive (EU) 2022/2555 of the European

Parliament and of the Council5 should be complied with by the owners, operators and

4 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. (17) Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the

resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p.

164, ELI: http://data.europa.eu/eli/dir/2022/2557/oj). 5 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on

measures for a high common level of cybersecurity across the Union, amending Regulation (EU)

No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive)

(OJ L 333, 27.12.2022, pp. 80 ELI: http://data.europa.eu/eli/dir/2022/2555/oj).

EN 21 EN

managers of SDI, irrespective of whether they fall within the scope of those

Directives.

(44) Moreover, following up on the announcements in this respect in the White Paper on

the future of European Defence, Member States should also put in place stricter rules

on the ownership and control of strategic dual-use infrastructure. While effective

screening of new foreign investments into SDI in accordance with Regulation (EU)

2019/452 of the European Parliament and of the Council6 could help in preventing

risks related to malicious foreign ownership or control, Member States should also

mitigate and address already existing risks of foreign ownership of control in SDI.

(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.

(46) The Commission should ensure that the Solidarity Pool is set up in a way that

encourages Member States to voluntarily share their transport and logistics

capabilities, including dual-use mobile assets such as vehicles and vessels, and allows

for the efficient use of Union funding to support the deployment and maintenance of

those capabilities. The Solidarity Pool should also encompass Union transport and

logistic capabilities, including those that are contracted with private operators. Such

Union transport and logistic capabilities should have a particular focus on rare and

scarce capabilities that are not readily available within the armed forces of Member

States, and where Union service contracting could provide significant added value.

(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.

(48) Large numbers of civilian rail vehicles might be considered dual-use and fit for

military transport operations, or easily upgradeable for those purposes. Therefore,

implementing powers should be conferred on the Commission to set out whether and

under what conditions railway undertakings that own such vehicles, vehicle keepers

that are responsible for them and vehicle manufacturers that manufacture them assess

whether railway vehicles have the technical characteristics to be used as part of a

military transport. Those powers should include the development of harmonised

technical parameters on which such identification might be based.

6 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019

establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I,

21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj).

EN 22 EN

(49) In exceptional circumstances, military transport operations may necessitate the use of

specialised infrastructure, assets or equipment to further facilitate military transport.

To ensure uninterrupted access to such critical transport resources, Member States

should establish or have in place a framework that enables them to access them in a

timely manner when alternative solutions, such as contracting, are not available in the

required timeframe.

(50) Such framework should enable Member States to obtain the temporary control or right

of use of infrastructure, assets or equipment, as a last resort measure where strictly

necessary to ensure military transport. It should also allow the use of such temporary

control measures to support the military transport operations of other Member States,

upon request. Owners, operators and managers of the infrastructure, assets or

equipment concerned should however not be unfairly burdened by such measures and

should therefore be appropriately compensated for expenses incurred and damages

suffered as a result of their deployment. In accordance with the Charter on

Fundamental Rights, Member States should ensure that where such measures interfere

with the right to property, they are provided for by law, respect the essence of those

rights and freedoms, and comply with the principle of proportionality.

(51) While the European Council stressed the importance of establishing framework

contracts with civilian transport providers in the 2024 Military Mobility Pledge, any

future framework contracts should be more transparent and flexible.

(52) Because of scarce transport capabilities, a Member State may end up pre-contracting

those already booked by another Member State. To address such risks associated with

possible double-booking, in new framework contracts, transport providers should keep

Member States informed of such double-booking cases. At the same time, with a view

to ensuring access to the necessary transport services, new framework contracts should

allow Member States to invite other Member States to join as contracting parties.

(53) Without prejudice to the National Point of Contact network established under the

Permanent Structured Cooperation in Defence (PESCO) project Military Mobility, a

National Coordinator for Cross-Border Military Transport should be designated by

each Member State, in order to ensure the effective coordination, communication and

execution of cross-border military transport operations, especially when EMERS is

activated.

(54) The National Coordinator for Cross-Border Military Transport should be reachable at

all times to facilitate the timely exchange of information and requests related to

military transport operations, including the receipt and transmission of military

transport permission requests and notifications. In order to achieve the objectives of

this Regulation, the National Coordinator should also have the necessary expertise and

resources to provide advice and support on customs formalities, receive and reply to

requests for priority access submitted during a period of activation of EMERS and

facilitate the necessary procedures, and have the ability to coordinate with all relevant

national, regional, and local level actors involved in military transport operations.

(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

EN 23 EN

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.

(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.

(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.

(58) In order to achieve the objective of this Regulation to establish uniform Union rules

for military transport, the power to adopt acts in accordance with Article 290 TFEU

should be delegated to the Commission for updating the list of types of military

transport operations covered by standing military transport permissions laid down in

Annex I, and for updating the template for requests and notifications of military

transport permissions laid down in Annex II, in order to ensure that it remains up to

date. It is of particular importance that the Commission carry out appropriate

consultations during its preparatory work, including at expert level, and that those

consultations be conducted in accordance with the principles laid down in the

Interinstitutional Agreement of 13 April 2016 on Better Law-Making(19). In particular,

to ensure equal participation in the preparation of delegated acts, the European

Parliament and the Council receive all documents at the same time as Member States'

experts, and their experts systematically have access to meetings of Commission

expert groups dealing with the preparation of delegated acts.

(59) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission to establish a secure

and restricted Military Mobility Digital Information System, identify basic protection

(19) OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

EN 24 EN

and resilience measures and enhanced protection measures for strategic dual-use

infrastructure, establish a Solidarity Pool guarantying, optimising and facilitating the

execution of military transport operations, identify categories of railway vehicles most

suitable for use as part of a military transport, establish technical specifications on

which such identification may be based, and whether and under what conditions

railway undertakings, vehicle keepers and manufacturers should identify such

vehicles. Those powers should be exercised in accordance with Regulation (EU) No

182/2011 of the European Parliament and of the Council(20).

(60) Large numbers of rail vehicles might be considered for dual-use and necessary to fulfil

the military transport purposes of the railways. The European Union Agency for

Railways (‘ERA’) should be allowed to assist the Commission in establishing criteria

for the identification of suitable vehicles. Moreover, in order to bring rail vehicles

involved in military transport rapidly and effectively into operation, processes should

be streamlined and Member States should be allowed to delegate the authorisation of

vehicles that can be used for military transports to ERA. After having granted vehicle

authorisations, ERA should be given powers similar to Member States to update

information in the European vehicle register (‘'EVR’) with immediate effect.

Regulation (EU) 2016/796 of the European Parliament and of the Council(21) and

Directive (EU) 2016/797 should be amended accordingly. Finally, more generally

Regulation (EU) 2016/796 of the European Parliament and the Council should be

amended to reflect the European Union Agency for Railways’ role in supporting

military mobility by enhancing preparedness, resilience and security of the railway

system.

(61) A robust and continuously available communication services between air and ground

assets is crucial for optimising airspace utilization. Regulation (EU) 2024/2803 of the

European Parliament and of the Council(22), which entered into force on 1 December

2024, aims to bolster the resilience of critical air traffic infrastructure. It mandates that

providers of Communication, Navigation, and Surveillance systems, Aeronautical

Information Services, Automatic Dependent Surveillance, Meteorological services,

and air traffic control services for aerodrome and approach control are to meet

stringent certification and ownership requirements. Those requirements, including the

necessity for providers to be more than 50% owned and effectively controlled by

Member States or their nationals, are designed to ensure the integrity and security of

air traffic services. However, to prevent disruptions to air traffic services, it is essential

to amend Regulation (EU) 2024/2803 by postponing the application of its relevant

provisions to providers of communication services to maintain their operational

readiness,

(62) The current cooperation model between the European Aviation Safety Agency

(‘EASA’) and national armed forces has proven effective in certifying dual-use

(20) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011

laying down the rules and general principles concerning mechanisms for control by Member States of

the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI:

http://data.europa.eu/eli/reg/2011/182/oj). (21) Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the

European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138,

26.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/796/oj). (22) Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the

implementation of the Single European Sky (OJ L, 2024/2803, 11.11.2024, ELI:

http://data.europa.eu/eli/reg/2024/2803/oj).

EN 25 EN

aircraft. However, the certification of large drones poses a significant challenge, with

national armed forces certifying them in an uncoordinated manner, creating a risk of

fragmentation and non-alignment with future civilian regulations. The integration of

those drones into General Air Traffic – as defined in Article 2(4) of Regulation (EU)

2024/2803 – is considered a necessity by the armed forces. In order to enable the dual-

use of such drones for transport purposes, it is essential to align the military

requirements with future civilian requirements. The current Union regulatory

framework does not provide adequate flexibility to permit the certification of

innovative technologies and products, such as certain categories of drones. It is

necessary to amend Article 71 of Regulation (EU) 2018/1139 of the European

Parliament and of the Council(23) to allow for exemptions from applicable

requirements when such requirements prevent the certification of innovative

technologies and products, while ensuring the highest level of safety and security, and

to establish a coordinated approach between EASA and national armed forces to

define requirements for the certification of large drones.

(63) To enhance military transport, the Union should promote innovative, dual-use air

transport solutions, including unmanned aerial vehicles, autonomous systems,

advanced urban air mobility concepts and cyber-secure air traffic management

systems. Establishing regulatory testing environments (‘regulatory sandboxes’) is

necessary to facilitate a more rapid and autonomous development in the Union of such

technologies in cooperation between civil and military authorities. By providing

controlled conditions for experimentation, those testing environments should

contribute to accelerating the deployment of new capabilities, improving logistics and

supply-chain management, and strengthening the readiness and effectiveness of

military transport. Furthermore, they should support the harmonisation of civilian and

military regulatory frameworks, enabling the seamless integration of dual-use air

transport assets into both commercial and military transport operations, while reducing

administrative burdens associated with mode switching. In that way, regulatory

sandboxes should help to bridge existing regulatory gaps, foster interoperability, and

contribute to a more resilient, efficient and responsive system of military transport

within the Union. Regulation (EU) 2018/1139 should therefore be amended

accordingly, without prejudice to the relevant Union requirements and formalities in

areas such as health, safety, environment and competition, as well as to customs

formalities and procedures which cannot be lifted for the purposes of the regulatory

sandboxes.

(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) 2015/443(24), Commission Decision (EU, Euratom)

(23) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common

rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and

amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014

and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and

repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the

Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1, ELI:

http://data.europa.eu/eli/reg/2018/1139/oj). (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).

EN 26 EN

2015/444(25) 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 Union(26). 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.

(65) Any processing of personal data pursuant to this Regulation should comply with the

applicable rules on the protection of personal data. Processing of personal data by

Member States should be carried out, in particular, in accordance with Regulation

(EU) 2016/679 of the European Parliament and of the Council(27) and Directive

2002/58/EC of the European Parliament and of the Council(28). Processing of personal

data by the Commission should, in particular, be carried out in accordance with

Regulation (EU) 2018/1725 of the European Parliament and of the Council(29).

(66) Since the objectives of this Regulation, namely to facilitate military transport in the

Union and across its external borders, while minimising and mitigating the impact of

such transport on civilian transport, cannot be sufficiently achieved by the Member

States, as the current fragmentation, inefficiencies, and incoherent implementation of

national policies prevent effective resolution at the Member State level, but can rather

be better achieved at Union level, the Union may adopt measures, in accordance with

the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In

accordance with the principle of proportionality as set out in that Article, this

Regulation does not go beyond what is necessary in order to achieve those objectives.

(67) The European Data Protection Supervisor was consulted in accordance with Article

42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [DD/MM/YYYY].

HAVE ADOPTED THIS REGULATION:

(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) 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) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,

p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). (28) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the

processing of personal data and the protection of privacy in the electronic communications sector

(Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37, ELI:

http://data.europa.eu/eli/dir/2002/58/oj). (29) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No

45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI:

http://data.europa.eu/eli/reg/2018/1725/oj).

EN 27 EN

Chapter I

General provisions

Article 1

Subject matter

This Regulation lays down measures relating to dual-use equipment, means of transport and

infrastructure to facilitate military transport in the Union and across its external borders, while

minimising and mitigating the impact of such transport on civilian transport.

This Regulation lays down in particular:

(a) a uniform framework for permission procedures for cross-border military

transport and measures that ensure uninterrupted and safe military transport,

including measures that simplify customs formalities applicable to such

transport at the Union’s external borders;

(b) efficient, coordinated and effective measures that facilitate military transport in

response to temporary, extraordinary and urgent situations;

(c) rules to make dual-use transport infrastructure fit for dual-use purpose and to

protect and make strategic dual-use infrastructure resilient against all hazards

and threats;

(d) measures to share and pool Union and Member States’ transport and logistic

capabilities and increase visibility of existing transport capabilities for military

transport.

Article 2

Scope

This Regulation applies to the transport of equipment, goods and personnel that is operated

by, or under the responsibility of, the armed forces of the Member States or, in the cases

provided for in Articles 17 and 19 of this Regulation, of Allies of the North Atlantic Treaty

Organisation (NATO), takes place in part or entirely in the Union and makes use, during that

transport, of dual-use infrastructure, assets and capabilities located in the Union.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘military transport’ means the transport of equipment, goods or persons,

undertaken directly by armed forces, as well as the transport carried out on

their behalf by civil companies or other contractors engaged by those armed

forces, including in the context of a military exercise, operation or mission, and

including, the manned or unmanned transport of vehicles, vessels or aircraft

through their own propulsion;

(2) ‘military transport operation’ means a laden or unladen journey of military

transport;

EN 28 EN

(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;

(4) ‘requesting Member State’ means the Member State making a request to a

receiving Member State to conduct a military transport operation through the

territory of that receiving Member State, or the Member State making a request

for support under the Solidarity Pool referred to in Article 35;

(5) ‘receiving Member State’ means the Member State of destination of a military

transport operation or the Member State crossed or overflown in transit of a

military transport operation;

(6) ‘abnormal military cargo’ means military-related goods or equipment that

require special permits, customised transport plans or specialised logistical

handling to ensure safe transport, and that, together with the vehicle carrying

out the military transport operation, exceed:

(a) in the case of transport by road, the maximum authorised dimensions

(length, width, height) or weight limits set out in Annex I to Directive

96/53/EC;

(b) in the case of transport by rail, the weight limits, loading gauge or other

technical characteristics specified in the register of infrastructure referred

to in Article 49 of Directive (EU) 2016/797 and in the RINF application

referred to in Commission Implementing Regulation (EU) 2019/777(30);

(7) ‘abnormal military transport’ means the military transport of abnormal military

cargo;

(8) ‘dangerous goods’ means the substances and articles falling within the scope of

the international agreements and regulations referred to in Article 10(1) of this

Regulation;

(9) ‘Host-Nation-Support’ means any action or assistance provided by a receiving

Member State or on its behalf to facilitate the transit through and temporary

stationing within the territory of the receiving Member State of military

personnel and equipment of the requesting Member State, including access to

refuelling, recharging and to parking and rest facilities, in the context of a

military transport operation;

(10) ‘traffic arrangements’ means operational arrangements established by the

receiving Member States’ competent authorities specifically to enable military

transport operations in their relevant territories, including traffic control

services measures, measures to ensure the safe transport of abnormal military

cargo and dangerous goods, escorting and any other security arrangements,

Host-Nation-Support, and any other transport mode-specific requirements such

as the establishment of temporary restricted areas for air movements;

(11) ‘escort’ means a guard or police force accompanying a military transport

operation;

(30) Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications

for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I,

27.5.2019, p. 312, ELI: http://data.europa.eu/eli/reg_impl/2019/777/oj).

EN 29 EN

(12) ‘cabotage’ means either of the following:

(a) national transport of goods for hire or reward carried out on a temporary

basis in a Member State by an operator established in another Member

State;

(b) national road passenger services for hire and reward carried out on a

temporary basis in a Member State by a carrier established in another

Member State;

(13) ‘framework contract’ means an agreement between one or more contracting

authorities or entities and one or more economic operators, the purpose of

which is to establish the terms governing contracts to be awarded during a

given period, in particular with regard to price and, where appropriate, the

quantity envisaged;

(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;

(15) ‘logistic capabilities' means the personnel, equipment, and services, that can

facilitate, enable, and execute Host-Nation-Support activities, including the

storage and distribution of fuel, supplies, and other essential commodities;

(16) ‘strategic dual-use infrastructure’ or ‘SDI’ means an infrastructure meeting the

criteria set out in Article 33;

(17) ‘owners, operators and managers of an infrastructure’ means entities

responsible for investments in, or day-to-day operation of that infrastructure;

(18) ‘Council Military Requirements’ means the ‘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;

(19) ‘military mobility corridor’ means one among the EU priority military mobility

corridors set out in Annex II to the Council Military Requirements;

(20) ‘dual-use’ means the capacity to be used for both civilian and military transport

purposes;

(21) ‘food’ means food or foodstuff as defined in Article 2 of Regulation (EC) No

178/2002 of the European Parliament and of the Council(31);

(22) ‘goods to be moved or used in the context of military activities’ means any

goods, including animals, to be moved or used in either of the following

contexts:

(a) of activities arranged by or under the control of the relevant military

authorities of one or more Member State(s) or of a third country with

which one or more Member State(s) has (have) concluded an agreement

(31) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1 ELI:

http://data.europa.eu/eli/reg/2002/178/oj).

EN 30 EN

to carry out military activities within the customs territory of the Union;

or

(b) of any military activities undertaken on the basis of either of the

following:

(i) the Common Security and Defence Policy of the European

Union (CSDP);

(ii) the North Atlantic Treaty, signed in Washington D. C. on 4

April 1949.

Chapter II

Uniform framework for military mobility

SECTION 1

UNIFORM MILITARY TRANSPORT PERMISSION PROCEDURES AND RULES

Article 4

Military transport permissions

To facilitate cross-border military transport, the receiving Member State may grant to the

requesting Member State any of the following:

(a) standing military transport permissions as specified in Article 5;

(b) ad hoc military transport permissions as specified in Article 6.

Article 5

Standing military transport permissions

1. A standing military transport permission shall specify the types of military transport

operations that are deemed to be authorised by the receiving Member States during

its period of validity. Standing military transport permissions shall cover at least the

types of military transport operations set out in Annex I.

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.

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.

4. Member States, notably those situated along the same military mobility corridor, may

align their standing military transport permissions and coordinate in advance, in

particular to ensure coherence of traffic arrangements and pre-defined routes.

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

EN 31 EN

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.

6. The receiving Member State may, in duly justified cases, modify a standing military

transport permission, giving the requesting Member State at least three working

days’ notice.

7. Before carrying out a military transport operation under a valid standing military

transport permission, the requesting Member State shall send a notification to the

receiving Member State. Where the requesting Member State seeks Host-Nation-

Support or other traffic arrangements, such request shall be included in the

notification.

8. The notification referred to in paragraph 7 shall be sent at the latest 72 hours before

the scheduled time of arrival at the border crossing point of the receiving Member

State. In the case of transit through several Member States, the requesting Member

State shall submit the notification to all receiving Member States at the same time.

When the notification includes one or more requests for traffic arrangements, the

receiving Member States shall coordinate and process these requests simultaneously

to ensure coherent traffic arrangements for the military transport. The receiving and

requesting Member State may, in the standing military transport permission, agree on

a shorter deadline for notifications of military transport operations.

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.

10. The Commission is empowered to adopt delegated acts in accordance with Article 44

to amend Annex I in order to update the list of types of military transport operations

covered by standing military transport permissions.

Article 6

Ad hoc military transport permissions

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.

2. The requesting Member State shall make the request for an ad hoc military transport

permission as early as possible, and in any case in due time to allow the receiving

Member State to grant or deny the permission in accordance with paragraph 3.

Where the requesting Member State seeks Host-Nation-Support or other traffic

arrangements, such request for traffic arrangements shall be included in the request

for the ad hoc military transport permission. In the case of transit through several

Member States, the requesting Member State shall submit the request to all receiving

Member States at the same time. The receiving Member States shall then coordinate

EN 32 EN

and process the requests simultaneously to ensure coherent traffic arrangements for

the military transport.

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.

4. The receiving Member State may revoke an ad hoc military transport permission

only 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. The receiving Member State

revoking the permission shall notify the requesting Member State as early as possible

and duly justify it.

5. The receiving Member State may modify the issued ad hoc military transport

permission only in duly justified cases. It shall notify the requesting Member State

about the modifications as early as possible.

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.

7. A new request for an ad hoc military transport permission shall be submitted by the

requesting Member State if the planned modifications concern transport of dangerous

goods or abnormal military cargo, significant modifications to the Host-Nation-

Support or a modification of dates.

Article 7

Individual train paths for military transport by rail

1. Before carrying out a military transport operation by rail, the requesting Member

State, directly or through a railway undertaking carrying out the military transport on

behalf of that requesting Member State, shall request an individual train path from

the rail infrastructure manager(s) in the receiving Member State pursuant to Article

48 of Directive 2012/34/EU of the European Parliament and of the Council(32).

2. Where the cooperation of the infrastructure manager is required to ensure that the rail

vehicles, in particular when carrying abnormal military cargo, are compatible with

the route and are properly integrated in the composition of the train in accordance

with Article 23 of Directive (EU) 2016/797, the infrastructure manager shall provide

the necessary information to the rail undertaking and facilitate any required testing,

as soon as possible.

(32) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012

establishing a single European railway area (OJ L 343, 14.12.2012, p. 32, ELI:

http://data.europa.eu/eli/dir/2012/34/oj).

EN 33 EN

3. Where the rail vehicles, in particular when carrying abnormal military cargo, are not

compatible with the parameters of the route set out in the common specifications for

the register of infrastructure laid down in Implementing Regulation (EU) 2019/777

under normal operating conditions, the infrastructure manager shall determine as

soon as possible whether those vehicles could operate safely under particular

operating conditions.

4. Where the rail transport includes dangerous goods permitted under Article 10, the

infrastructure manager and railway undertaking shall put in place all measures

necessary to ensure compliance with the provisions referred to in Article 10.

5. In the case of transit through several Member States, the infrastructure managers of

those Member States shall coordinate to ensure coherent treatment of the military

transport operation.

Article 8

Practical arrangements for military transport permission procedures

1. Requests for military transport permissions, notifications under such permissions,

and requests for traffic arrangements provided for in this Chapter, including for the

military transport of dangerous goods and abnormal military cargo, shall be made

using the template set out in Annex II. Requests and notifications shall be combined

into a single permission request, a single notification or a single request for traffic

arrangements for the same military transport. Without prejudice to the applicable

Union customs rules, including the NATO and EU forms 302 referred in Article 15,

no additional forms shall be required by any Member State.

2. The Commission is empowered to adopt delegated acts in accordance with Article 44

to amend Annex II, by updating the content of the template, in order to take account

of technical or operational developments.

3. Any communication between requesting and the receiving Member States under

Articles 5 and 6 shall be transmitted through the National Coordinator for Cross-

Border Military Transport, appointed in accordance with Article 40(1).

Article 9

Uninterrupted military transport

Any necessary control measures in relation to the escort of military transport operations,

flagging of vehicles of a military transport and weapons and ammunition, for military

transport operations within the Union, shall only be carried out at the military transport

operation’s first planned stop after the internal border of a Member State to ensure

uninterrupted military transport.

Article 10

Military transport of dangerous goods

1. Military transport of dangerous goods shall be permitted, subject to a valid military

transport permission referred to in Article 5 and 6, when it complies with the

requirements laid down in any of the following instruments, as appropriate:

(a) Agreement concerning the International Carriage of Dangerous Goods by

Road, concluded at Geneva on 30 September 1957 (ADR);

EN 34 EN

(b) European Agreement concerning the International Carriage of Dangerous

Goods by Inland Waterways, concluded at Geneva on 26 May 2000 (ADN);

(c) Regulations concerning the International Carriage of Dangerous Goods by

Rail, appearing as Appendix C to the Convention concerning International

Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999 (RID);

(d) International Maritime Dangerous Goods Code (IMDG Code);

(e) International Civil Aviation Organization – Technical Instructions (ICAO-TI);

(f) NATO Allied Movement Publication 6 (AMovP-6).

2. Military transport operations carried out in accordance with Article 17 by the armed

forces of a NATO Ally that is not a contracting party to ADR, ADN, RID, IMDG

Code or ICAO-TI shall be permitted if they comply with NATO AMovP-6 or, if

these do not apply, with the national rules applicable in the country of origin, as

appropriate.

3. Where necessary, specific measures to ensure compliance with the requirements laid

down in the instruments referred to in paragraph 1 and 2 shall be included in the

traffic arrangements set under this Regulation.

4. Military transport of dangerous goods carried out under a military transport

permission shall not require the submission, before the start of the military transport,

of any forms or documents demonstrating compliance with the requirements laid

down in ADR, ADN, RID, IMDG Code, ICAO-TI, NATO AMovP-6 or with the

national rules applicable in the country of origin, as appropriate.

Article 11

Abnormal military transport by road

1. Military transport by road carried out by vehicles or vehicle combinations which

exceed the maximum weights or dimensions set out in Annex I to Directive

96/53/EC, where these vehicles or vehicle combinations carry or are intended to

carry indivisible loads as defined in Article 2 of Directive 96/53/EC, shall be

permitted where it is subject to a valid military transport permission referred to in

Articles 5 and 6 of this Regulation.

2. For military transport carried out in accordance with paragraph 1, the receiving

Member State shall determine traffic arrangements to ensure the safe transport of

abnormal military cargo and infrastructure compatibility. Such traffic arrangements

shall replace the special permits and similar arrangements referred to in Article 4(3)

of Directive 96/53/EC.

Article 12

Exemption of military transport from traffic restrictions

1. Military transport carried out under a valid military transport permission referred to

in Articles 5 and 6 shall be permitted during weekends, public holidays, national

celebrations, nighttime, and any other period that may be subject to traffic

restrictions.

EN 35 EN

2. Member States shall exempt military transport operations undertaken directly by the

armed forces from traffic restrictions that apply on specific road sections and are

based on the environmental performance of vehicles.

Article 13

Exemption of military transport from cabotage rules

1. Member States may, where necessary to facilitate military transport, exempt military

transport carried out by civilian operators from the restrictions on cabotage

operations laid down in Article 8 of Regulation (EC) No 1072/2009.

2. Member States shall inform the Commission and other Member States of such

exemptions.

Article 14

Military Mobility Digital Information System

1. The Commission may adopt implementing acts establishing a secure and restricted

Military Mobility Digital Information System (the System), taking into account the

following requirements:

(a) the System shall be deployed by 2030;

(b) any digitalisation of EU Form 302 under the System shall comply with

applicable Union customs legislation, including the common data

requirements constituting the EU Customs Data Model, as defined in

Article 36 of Regulation (EU) [customs reform];

(c) the System shall be operated and maintained by the Commission;

(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;

(e) the System shall ensure interoperability where required and shall be

developed using Union and international standards, with due regard to

EU customs legislation.

That implementing act shall be adopted in accordance with the examination

procedure referred to in Article 45(4).

2. Where the System is established and becomes operational, Member States shall make

use of it for all procedures covered by this Chapter, including for customs formalities

related to EU form 302, referred to in this Regulation.

Article 15

Simplified customs formalities

1. The military transport of goods to be moved or used in the context of military

activities crossing the Union external borders shall be subject to customs supervision

and shall be declared for the relevant customs procedure using the NATO form 302

or the EU form 302 as defined in Article 1, points (50) and (51), of Commission

EN 36 EN

Delegated Regulation (EU) 2015/2446(34), as applicable, unless the military

authorities in charge of the respective military transport operation expressly decide to

submit the standard customs declaration.

2. Where consignments declared under EU or NATO forms 302 have been selected for

physical or document-based control, those controls shall be carried out as a matter of

priority.

Article 16

Digitalisation of EU form 302

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.

2. In the case of a temporary failure of the Military Mobility Digital Information

System, economic operators and other persons, including military authorities, shall

submit the information to fulfil the formalities concerned by the means determined in

accordance with Article 203 of Regulation [customs reform], including means other

than electronic data processing techniques.

Article 17

Military transport in the context of NATO operations

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.

2. Member States that are not parties to the North-Atlantic Treaty may equally decide to

treat 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 and apply those rules

mutatis mutandis.

(34) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU)

No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain

provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1, ELI:

http://data.europa.eu/eli/reg_del/2015/2446/oj).

EN 37 EN

SECTION 2

EUROPEAN MILITARY MOBILITY ENHANCED RESPONSE SYSTEM (EMERS)

Article 18

EMERS

1. A European Military Mobility Enhanced Response System (‘EMERS’) is

established. Upon activation in accordance with the procedures and conditions set

out in Article 19, EMERS shall allow for the implementation of the temporary

measures provided for in this Section.

2. During the period of activation of EMERS, the temporary measures under this

Section shall apply to the entire territory of the Union.

Article 19

Activation of EMERS

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.

2. 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.

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.

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.

3. 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 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.

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

EN 38 EN

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.

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.

Article 20

Notification of military transport during the period of activation of EMERS

1. By way of derogation from Article 5 and 6, during the period of activation of

EMERS, requests for military transport permissions shall be deemed accepted by the

receiving Member States. This shall be without prejudice to the specific character of

the security and defence policies of certain Member States.

2. The requesting Member State shall notify the receiving Member States of its

intended military transport as early as possible, and at the latest six hours before the

scheduled time of arrival at the border crossing point of the receiving Member State.

The notification shall include all relevant details, including the scope, intended route,

and timeline of the transport, and, where applicable, the request for Host-Nation-

Support or other traffic arrangements.

3. Where the receiving Member State requires traffic arrangements in accordance with

Articles 5(9) and 6(3), it shall determine these without undue delay, in order to make

sure that the transport operation can take place as scheduled.

Article 21

Priority access during the period of activation of EMERS

1. During the period of activation of EMERS, Member States, as well as infrastructure

owners, operators and managers or, as the case may be, related services or facilities

providers, shall grant military transports, including abnormal military transports or

transports of dangerous goods, priority access to transport networks and

infrastructure, including road networks, roadside parking and rest areas, rail

networks, stations, and service facilities, maritime and inland waterways

infrastructure, including internal waters and territorial seas as defined in the United

Nations Convention on the Law of the Sea (UNCLOS), sea lanes, fairways, dredged

channels, port approaches, straits used for international navigation, and areas under

maritime traffic management or pilotage, locks, ports and port terminals, sea canals,

aerodromes, airspace, multimodal freight terminals, refuelling/recharging

infrastructure for all modes of transport, and related services and facilities.

2. In order to ensure priority access for a military transport operation, the armed forces

performing or contracting the military transport shall submit a request for priority

EN 39 EN

access to the National Coordinator for Cross-Border Military Transport of the

receiving Member State, appointed in accordance with Article 40.

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).

4. The National Coordinator for Cross-Border Military Transport of the receiving

Member State shall promptly inform the affected infrastructure owners, operators

and managers or, as the case may be, related services or facilities providers of the

request for priority access, that they are likely to be concerned by the military

transport operation so that they can grant priority in accordance with paragraph 6.

5. With the assistance of the National Coordinator for Cross-Border Military Transport,

the armed forces performing or contracting the military transport shall request:

(a) the individual train paths from the competent infrastructure managers;

(b) the berth allocation and port services from the competent port authorities;

(c) the required airspace and access to aerodrome services from the competent

airport managers and coordinators, from the European Network Manager and

from the air navigation service provider, as the case may be.

6. The priority access shall be granted as early as possible following the requests

referred to in paragraphs 2 and 5 and the armed forces performing or contracting the

military transport shall be immediately informed thereof, in accordance with the

provisions of this paragraph. To the extent necessary, and with due regard to safety

measures, ongoing or planned transport services and operations shall be interrupted,

postponed or cancelled to allow for priority access of the military transport.

As regards military transport by road, the road infrastructure owners, operators and

managers concerned shall inform the armed forces performing or contracting the

military transport that they have taken the necessary measures ensuring priority

access at the tolling sections, roadside parking and rest areas, bridges and tunnels on

their road networks. The National Coordinator for Cross-Border Military Transport

may recommend the route and the road infrastructure ensuring best priority access to

the requesting armed forces.

As regards military transport by rail, by way of derogation from Article 7(1), the

infrastructure manager shall grant individual train paths within six hours. However,

in the case of transport of dangerous goods or abnormal military transport, the rail

infrastructure manager shall grant the individual train paths as soon as possible.

As regards 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 by inland waterways, where necessary, the National

Coordinator for Cross-Border Military Transport shall inform the armed forces

performing or contracting the military transport of the route and inland waterway

infrastructure ensuring best priority access.

EN 40 EN

As regards military transport by air, the competent airport managers and

coordinators, the European Network Manager and the air navigation service

provider, as applicable, shall inform the armed forces performing, contracting or

ordering the military transport of available airspace and access to aerodrome services

offered at the airports concerned.

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.

8. Where emergency measures have a significant impact on cross-border traffic,

Member States, infrastructure owners, operators and managers or, as the case may

be, related services or facilities providers, shall coordinate in order to limit impacts

on traffic flow as much as possible.

Article 22

Military transport of dangerous goods during the period of activation of EMERS

1. During the period of activation of EMERS, where the requirements laid down in

international agreements or national rules referred to in Article 10(1) are applicable

to the military transport of dangerous goods under this Regulation, Member States

may exempt such transport from those requirements or national rules, insofar as

those requirements do not mandatorily apply in accordance with those agreements.

When a Member State grants such an exemption, it shall not impose new

requirements under national law.

2. Member States concerned by the military transport shall coordinate any exemptions

granted in accordance with this Article and promptly inform other Member States

thereof through the Military Mobility Transport Group.

Article 23

Abnormal military transport by road during the period of activation of EMERS

During the period of activation of EMERS, military transport by road carried out by vehicles

or vehicle combinations which exceed the maximum weights or dimensions set out in Annex I

to Directive 96/53/EC shall be permitted irrespective of whether the load is indivisible or not,

without prejudice to any necessary traffic arrangements.

Article 24

Enhanced protection of strategic dual-use infrastructure during the period of activation

of EMERS

During the period of activation of EMERS, Member States shall activate enhanced protection

measures in relation to the strategic dual-use infrastructure located on their territories,

identified in accordance with Article 33, to protect them, to make them resilient against all

hazards and threats and to ensure their effective operation at all times.

EN 41 EN

Article 25

Enhanced access to transport and logistic capabilities during the period of activation of

EMERS

1. During the period of activation of EMERS, and if the Solidarity Pool referred to in

Article 35 is operational, the Commission, taking into account the advice of the

Military Mobility Transport Group, may identify specific capabilities registered in

the Solidarity Pool that are urgently needed to support certain Member States. In

such cases, requests for those capabilities from the affected Member States and

Member States that support military transport operations for the affected Member

States shall be given priority consideration.

The sharing and coordination efforts under the Solidarity Pool referred to in Article

35 shall focus on supporting those priority requests, ensuring that the required

capabilities are made available in a timely and efficient manner.

Where Member States’ capabilities have been acquired, contracted or purchased,

after the entry into force of this Regulation, with the financing support of any Union

funding and could support priority requests in accordance with the first subparagraph

of this paragraph, the Member States shall not invoke the exceptional situation

requiring the use of their capabilities, referred to in Article 35(10) and (11).

2. The Commission may assist the Member States in contracting any relevant transport

and logistic capabilities.

3. The Commission may contract any relevant transport and logistic capabilities,

following the advice of the Military Mobility Transport Group.

Article 26

Exemption of military transport operations by road from cabotage rules during the

period of activation of EMERS

During the period of activation of EMERS, military transport carried out by civilian operators

shall be exempted from the restrictions on cabotage operations laid down in Article 8 of

Regulation (EC) No 1072/2009, and from restrictions on the duration and frequency of

cabotage operations carried out in the context of road passenger transport services.

Article 27

Derogations from rules on driving time and rest periods for military transport

operations during the period of activation of EMERS

1. During the period of activation of EMERS, the following derogations from driving

times, breaks and rest periods laid down in Regulation (EC) No 561/2006 of the

European Parliament and of the Council shall apply to military transport operations

carried out by civilian operators:

(a) by way of derogation from Article 6(1) of Regulation (EC) No 561/2006, the

daily driving time of 9 hours shall be extended to 11 hours twice during the

week;

(b) by way of derogation from Article 6(2) of Regulation (EC) No 561/2006, the

weekly driving time of 56 hours shall be extended to 60 hours;

EN 42 EN

(c) by way of derogation from Article 6(3) of Regulation (EC) No 561/2006, the

total accumulated driving time during any two consecutive weeks shall be

extended from 90 hours to 96 hours;

(d) by way of derogation from Article 7, first paragraph, of Regulation (EC) No

561/2006, the driving period of four and a half hours after which the driver is

required to take an uninterrupted break of not less than 45 minutes shall be

increased up to five and a half hours. The break may be replaced by three

breaks of 15 minutes each distributed in such a way as to comply with the

provision of Article 7, first paragraph, of that Regulation;

(e) by way of derogation from Article 8(2), second subparagraph, of Regulation

(EC) No 561/2006, the daily rest period of 9 hours shall be regarded as a

reduced daily rest period;

(f) by way of derogation from Article 8(6), first subparagraph, of Regulation (EC)

No 561/2006, in any two consecutive weeks a driver may take two reduced

weekly rest periods of at least of 24 hours. When use is made of this

derogation, the start of the weekly rest period referred to in Article 8(6), second

subparagraph, of that Regulation may be postponed beyond the end of six 24-

hour periods from the end of the previous weekly rest period, without however

exceeding 12 periods of 24 hours;

(g) by way of derogation from Article 8(6b) of Regulation (EC) No 561/2006, any

reduction in the weekly rest period shall be compensated by an equivalent

period of rest taken before the end of the twelfth week following the week in

question, either en bloc or as two rest periods, one of them being of at least 45

hours;

(h) by way of derogation from Article 8(8) of Regulation (EC) No 561/2006, the

regular weekly rest periods and any weekly rest period of more than 45 hours

taken in compensation for previous reduced weekly rest periods may be taken

in a vehicle, provided that the vehicle is safely parked and has adequate

conditions for the rest;

(i) by way of derogation from Article 9(1) of Regulation (EC) No 561/2006, the

permitted period of interruption where a driver accompanies a vehicle which is

transported by ferry or train and takes a regular daily rest period or a reduced

weekly rest period in a sleeper cabin, bunk or couchette shall be increased from

one to two hours.

2. The use of the derogations laid down in paragraph 1 of this Article shall be without

prejudice to the maximum working times under Directive 2002/15/EC of the

European Parliament and of the Council(36).

3. For the purpose of roadside checks, the driver shall be able to produce, whenever an

authorised control officer so requests, the record sheets and any manual records and

printouts for the current day and the previous days that justify the use of the

derogations.

(36) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the

organisation of the working time of persons performing mobile road transport activities (OJ L 80,

23.3.2002, p. 35, ELI: http://data.europa.eu/eli/dir/2002/15/oj).

EN 43 EN

Article 28

Use of rail vehicles outside their specified area of use during the period of activation of

EMERS

1. During the period of activation of EMERS, rail vehicles may be used outside the area

of use specified in their authorisation for placing on the market under Article 21 of

Directive (EU) 2016/797 or outside the area of use for which they were put in

operation under the Union or national legal framework previously applicable before

the authorisation framework set out by that Directive, provided that the following

conditions are met:

(a) the vehicle has been subject to checks in accordance with Article 23(1), points

(b) and (c), of Directive (EU) 2016/797;

(b) the vehicle is to be used as part of a military transport;

(c) the vehicle is in operation on one network prior to its use on a further network;

(d) the vehicle has been identified for potential use as part of a military transport in

accordance with Article 37 of this Regulation.

2. Operations of the vehicles referred to in paragraph 1 shall be carried out in

agreement between the concerned infrastructure managers and railway undertakings,

in compliance with each of their safety management system as set out under Article 9

of Directive (EU) 2016/798 of the European Parliament and of the Council(37) and,

where relevant, in accordance with Article 10(9) of that Directive.

Article 29

Exemption of military transport operations from traffic restrictions during the period of

activation of EMERS

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.

2. During the period of activation of EMERS, Member States shall exempt military

transport operations from traffic restrictions applied on specific road sections and

based on the environmental performance of vehicles and from restrictions based on

air quality and noise control put in place at ports and airports.

Article 30

Exemption of official controls on food, feed and dogs at entry into the Union during the

period of activation of EMERS

1. During the period of activation of EMERS, Articles 43 to 57 and Articles 65 to 72 of

Regulation (EU) 2017/625 shall not apply to food, feed and dogs entering the Union

that constitute goods to be moved or used in the context of military activities,

provided that they:

(a) are declared under the EU or NATO forms 302, as referred to in Article 15;

(37) Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway

safety (OJ L 138, 26.5.2016, p. 102, ELI: http://data.europa.eu/eli/dir/2016/798/oj).

EN 44 EN

(b) are identified by means of marking or labelling as being for military use only,

in accordance with the internal procedures implemented by the military

authorities in charge of the respective military transport operation;

(c) enter the Union under the supervision of military authorities in charge of the

respective military transport operation.

2. Following the entry into the Union of food, feed and dogs referred to in paragraph 1,

military authorities in charge of the respective military transport operation shall

ensure that those goods move under their supervision and are intended for military

use only.

3. Military authorities in charge of the respective military transport operation shall

ensure that food and feed referred to in paragraph 1 are not placed on the market of

the Union and are either consumed, safely disposed of or reexported from the Union.

4. Military authorities in charge of the respective military transport operation shall

ensure that dogs referred to in paragraph 1 do not pose a risk to animal or public

health in the Union and are not subjected to any transfer of ownership in the Union.

Article 31

Expedited customs procedures during the period of activation of EMERS

1. During the period of activation of EMERS, the Council implementing act referred to

in Article 19(3) of this Regulation shall have the effect of activating the procedures

and protocols in accordance with the procedures set out in Article 203(1) of

Regulation [customs reform] and the customs crisis management mechanism as

defined in Article 204 of Regulation [customs reform].

2. The European Union Customs Authority, as set out in Title XII of Regulation

[customs reform], in consultation with the Commission shall prepare procedures and

protocols referred to in paragraph 1 of this Article for the implementation of action in

the event of the activation of EMERS as defined under Article 19.

Chapter III

Resilience of transport infrastructure

Article 32

Preparedness of the transport network for dual-use

1. Member States shall upgrade the dual-use infrastructure identified as part of the

military mobility corridors to the transport infrastructure requirements defined in

Annex II to the Council Military Requirements as a matter of priority, and in a

coordinated and synchronised approach. When upgrading those dual-use sections of

the military mobility corridors, Member States shall prioritise the following projects:

(a) ensuring continuity of the transport network, by closing missing links and

removing important bottlenecks to military transport;

(b) ensuring interoperability of the transport network, including by migrating to

European nominal standard railway gauge;

EN 45 EN

(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;

(d) upgrading road tunnels to ADR category A, or providing for alternative routes

for vehicles carrying dangerous goods incompatible with the existing tunnel

category;

(e) increasing throughput capacity for all transport modes, including by improving

rail and road access to ports and airports and improving port, airport and

terminal facilities and equipment;

(f) enhancing the resilience of communication, control, navigation, surveillance

and energy supply infrastructure, in particular against interferences with radio-

frequency communications;

(g) ensuring sufficient resilience and redundancy in the network.

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:

(a) assess the functionality of the military mobility corridors;

(b) analyse the state of compliance of the military mobility corridor infrastructure

with the transport infrastructure requirements as set out in the Council Military

Requirements;

(c) assess potential infrastructure gaps, missing links and bottlenecks hampering

the smooth flow of military transport;

(d) determine the accurate and precise technical characteristics of their transport

infrastructure and the conditions under which abnormal military cargo could be

transported;

(e) monitor the resilience of communication, control, navigation, surveillance and

fuel supply infrastructure, in particular against interferences with radio-

frequency communications, and assess enforcement measures;

(f) assess any other potential risks for military transport operations along the

military mobility corridors, with a view to appropriately protecting the related

transport infrastructure;

(g) reinforce resilience by ensuring compatibility with the use of the services

offered by the Union Space Systems, such as Positioning, Navigation and

Timing (PNT), Earth Observation (EO) and Secure Connectivity. In particular,

when using PNT services, they shall use the authentication services offered by

the Union Space Programme, or alternatively the Galileo Public Regulated

Service (PRS) whenever feasible and without prejudice to Member States

prerogatives concerning the use of PRS in their territory. Furthermore, Member

States shall utilise the Union space-based EO services, where they offer

monitoring and protection solutions.

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

EN 46 EN

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.

4. Member States, with the support of the Commission and the EEAS, shall coordinate

on the following:

(a) agreeing on designated routes, transport nodes and supporting facilities like

military transport support centres, and making best use of the military mobility

corridors;

(b) fostering coordination and cooperation between rail infrastructure managers in

different Member States, in particular to ensure the efficient processing of the

traffic arrangements pursuant to Article 7 and rapid and efficient route

compatibility checks for abnormal military transport crossing more than one

network;

(c) fostering coordination and cooperation between national aviation authorities

with the support of the EDA and, where relevant, the Network Manager

defined in Article 2, point (49), of Regulation (EU) 2024/2803, in order to

define cross-border connectivity points between all Member States, in

accordance with the principles laid down in Commission Regulation (EC) No

2150/2005(38) .

For the purposes of the first subparagraph, point (b), Member States shall instruct

infrastructure managers to agree on pre-arranged routes for cross-border military

transport, in particular for dangerous goods and abnormal military transport.

5. In the implementation of this Article, the Commission shall be assisted by the

Committee established in accordance with Article 61 of Regulation (EU)

2024/16797. Where relevant, the Military Mobility Transport Group may be

consulted.

Article 33

Identification of strategic dual-use infrastructure

1. Wihtout prejudice to Directive (EU) 2022/2557 an in complementarity with it,

Member States shall identify the following infrastructure located in their territories as

strategic dual-use infrastructure for the purposes of this Regulation:

(a) key transport infrastructure serving the capital city of each Member State,

including, if applicable, the biggest maritime and inland waterway ports as well

as the biggest airport and multimodal freight terminal, based on highest traffic

volumes or throughput capacity, or both;

(b) key transport infrastructure serving the urban nodes on the trans-European

transport network with a population of at least 1 million inhabitants;

(38) Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the

flexible use of airspace (OJ L 342, 24.12.2005, p. 20, ELI: http://data.europa.eu/eli/reg/2005/2150/oj). 7 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union

guidelines for the development of the trans-European transport network, amending Regulations (EU)

2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ L, 2024/1679,

28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj)

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(c) for each NUTS 2 region along the military mobility corridors, the biggest

maritime and inland waterway port as well as the biggest airport and

multimodal freight terminal, based on highest traffic volumes or throughput

capacity, or both.

2. In addition to the strategic dual-use infrastructure referred to in paragraph 1, Member

States shall identify transport infrastructure meeting the following criteria as strategic

dual-use infrastructure for the purposes of this Regulation:

(a) infrastructure that has a strategic capacity to support large-scale military

transport operations;

(b) infrastructure that is strategically important for military transport along one or

several military mobility corridors;

(c) infrastructure that provides or has provided a strategic contribution to planned

or past military transport;

(d) infrastructure that poses a known bottleneck or missing link for military

transport operations, such as a strategic river crossing or tunnel.

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:

(a) infrastructure that has a strategic capacity to support large-scale military

transport operations;

(b) infrastructure that provides or has provided a strategic contribution to planned

or past military transport;

(c) infrastructure that plays a strategic role in providing services of transport of

goods or persons to Member States or regions vulnerable to security threats;

(d) infrastructure that disposes of very specialised dual-use services or facilities

that are essential for military transport, and for which there are very few

alternatives elsewhere in the same Member State or along the same military

mobility corridor;

(e) infrastructure that plays a strategic role in storing dual-use assets that facilitate

military transport along the military mobility corridors.

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”.

5. In the implementation of paragraphs 1 and 2, the Commission shall be assisted by the

Committee established in accordance with Article 61 of Regulation (EU) 2024/1679.

In the implementation of paragraph 3, the Commission shall be assisted by Military

Mobility Transport Group.

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Article 34

Basic protection measures for SDI

1. Member States shall take the following basic protection measures in relation to SDI

located in their territories to protect them against all hazards, to enhance their

resilience and to ensure their effective operation at all times:

(a) inform the owners, operators and managers of the infrastructure of its

designation as an SDI and communicate any relevant information necessary for

them to comply with their obligations under this Article;

(b) prevent, mitigate and address the risks associated with foreign ownership or

control of SDI, including through the foreign investment screening in

accordance with Regulation (EU) 2019/452;

(c) prevent, mitigate and address the risks linked to the management or operation

of specific assets that are part of or related to an SDI such as specific lifting

equipment, IT systems, security control and detection equipment, as well as

critical personnel and operations, such as rail freight providers, logistics

companies, providers of port services as defined in Regulation (EU) 2017/352

of the European Parliament and of the Council(39), seafarers and pilots;

(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.

2. The owners, operators and managers of SDI shall take all necessary technical,

security and organisational measures within their area of responsibility and, where

relevant, in collaboration with each other, to ensure that the SDI is appropriately

protected against all hazards, that its resilience is enhanced and that its effective

operation at all times is guaranteed. In particular, the owners, operators and managers

of SDI shall:

(a) implement the relevant basic protection and resilience measures for SDI;

(b) comply with the obligations for critical entities stemming from Directive (EU)

2022/2557, in particular those laid down in Articles 12 to 15 thereof,

irrespective of whether the owner, operator or manager of SDI falls within the

scope of that Directive;

(c) apply the requirements for essential or important entities stemming from

Articles 20 and 21 of Directive (EU) 2022/2555, irrespective of whether the

owner, operator or manager of SDI falls within the scope of that Directive;

(d) provide detailed information on the ownership structure of the SDI at the first

request of the Member State where the SDI is located.

3. Member States shall, without undue delay, inform the Commission and the Member

States situated along the same military mobility corridors of any incidents in relation

to SDI located on their territory that significantly disrupt or have the potential to

(39) Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017

establishing a framework for the provision of port services and common rules on the financial

transparency of ports (OJ L 57, 3.3.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/352/oj).

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significantly disrupt the provision of essential services, within the meaning of Article

15, paragraph 1 of Directive (EU) 2022/2557, and that were either notified to them

by the owners, operators and managers of SDI or that they became aware of through

any other means. Such notifications shall include any available information to enable

the competent authority to assess the nature, cause and possible consequences of the

incident, including any available information to determine the resulting capacity

restrictions and possible cross-border impact of the incident.

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.

Chapter IV

Availability of transport and logistic capabilities for military

transport operations

Article 35

Solidarity Pool to facilitate military transport operations

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.

2. On the basis of the advice of the Military Mobility Transport Group and the results of

the stress tests referred to in Article 43, the Commission may adopt guidelines

defining the types and specifying the number of key transport capabilities required

for the Solidarity Pool to address the Union’s gaps in the area of military transport

capabilities.

3. The Solidarity Pool shall be operational 24 hours a day, seven days a week.

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.

5. The registration of multinational capabilities provided by two or more Member

States shall be undertaken jointly by all the Member States concerned or by any

relevant entity.

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,

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under conditions to be specified in the implementing act referred to in paragraph 15.

Union capabilities shall be automatically registered in the Solidarity Pool.

7. The capabilities registered in the Solidarity Pool by Member States or the Union, or

both, may comprise their own capabilities and those obtained through service

contracts with commercial operators, where such contracts permit it.

8. Capabilities registered in the Solidarity Pool shall be available for support following

a request made by a requesting Member States to the Commission unless such

capabilities are already used to support another request. In the event of competing

requests, any decisions to allocate the capabilities shall be taken, in close

coordination between the requesting Member States, the Commission and where

relevant the Member State that has registered the capabilities.

9. When not being used or needed for planned support, capabilities registered under the

Solidarity Pool may be used for national purposes by their registering Member States

or for commercial purposes by the commercial operator that has been contracted by

the registering Member State or the Union.

10. Member State’s capabilities registered in the Solidarity Pool may be excluded from

support where that Member State is confronted with an exceptional situation

requiring the use of those capabilities. Where a Member State invokes such an

exceptional situation, it shall inform and provide explanations to the Commission, as

early as possible.

11. Member State's capabilities registered in the Solidarity Pool which are deployed for

support shall remain under its command and control. Where the registering Member

State is confronted with an exceptional situation requiring the use of registered

capabilities that have been deployed, it may withdraw them, upon consultation with

the Commission and the requesting Member State for which the capabilities were

deployed.

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.

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.

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.

15. 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:

(a) the procedures to be followed to process requests by Member States for

capabilities under the Solidarity Pool;

(b) additional specifications under which the costs listed in paragraph 14 may be

financed;

(c) additional specifications under which the cost related to the pre-positioning of

the capabilities may be financed;

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(d) additional specifications under which the training, reskilling and upskilling

costs of personnel operating the capabilities registered under the Solidarity

Pool may be financed;

(e) any additional rules on the functioning of the Solidarity Pool, where necessary;

This implementing act may set out:

(a) the conditions under which the maintenance and deployment costs of member

State capabilities are to be allocated;

(b) the conditions under which a credit-based system may be used as a form of

non-financial exchange mechanism for capabilities registered in the Solidarity

Pool.

Article 36

Access to vehicle registries for potential use in military transport

1. Member States shall ensure that their services responsible for carrying out military

transport operations have access to their respective national road vehicle registers,

with a view to identify dual-use road transport vehicles.

2. Member States, in cooperation with the European Union Agency for Railways, shall

ensure that their services responsible for carrying out military transport operations

have access to their respective national railway vehicle registers and to the European

Vehicle Register referred to in Article 47(5) of Directive (EU) 2016/797, with a view

to identify dual-use railway vehicles.

3. Member States shall ensure that their services responsible for carrying out military

transport operations have access to their respective national aircraft and shipping

registers, with a view to identify dual-use aircraft and vessels.

4. The Commission shall equally be granted access to the registries specified under

paragraphs 1 to 3, with a view to identify dual-use vehicles, vessels or aircraft.

Article 37

Identification of railway vehicles for potential use in military transport

1. The Commission may adopt implementing acts in order to:

(c) identify categories of railway vehicles most suitable for use as part of a

military transport;

(d) where available, and after consulting the European Union Agency for

Railways, establish technical specifications on which the identification

pursuant to point (a) may be based, and if necessary, establish any appropriate

technical parameters and related compliance testing methods;

(e) for railway vehicles already authorised pursuant to Article 21 of Directive (EU)

2016/797 or put in operation under the Union or national legal framework

previously applicable before the authorisation framework set out by that

Directive, determine whether and under what conditions:

(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;

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(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.

Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 45(4).

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.

Article 38

Establishment of a temporary control or right of use framework for military transport

1. By [1 year following the entry into force of this Regulation], each Member State shall

have in place a framework allowing it to issue, as a last resort, binding orders to

obtain the temporary control or right of use over an infrastructure, asset or equipment

located on its territory which is necessary for the execution of military transport

operations, in cases where no alternative solution can be achieved through mutual

agreement or under an existing contract within the required timeframe. Where a

Member State has an existing framework enabling such temporary control or right of

use, it shall ensure that the existing framework complies with the requirements set

out in paragraphs 2 and 3.

2. Member States shall ensure that their framework referred to in paragraph 1 complies

with the following minimum requirements:

(a) allows for the temporary control or right of use over an infrastructure, asset or

equipment to support the military transport operations of another Member

State, upon request from that Member State, and lays down a procedure for

submitting such request;

(b) entails a compensation mechanism to compensate owners, operators and

managers of the infrastructure, assets or equipment concerned for expenses

incurred and damages suffered;

(c) includes transparent and non-discriminatory rules and procedures related to

such temporary control and right of use, and that measures taken pursuant to

such rules and procedures are in place.

3. Member States shall ensure that any measures adopted under their framework

referred to in paragraph 1 are strictly necessary and proportionate.

Article 39

Framework contracts with dual-use transport service providers

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.

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2. The framework contracts referred to in paragraph 1 that are concluded, renewed or

substantially modified after the entry into force of this Regulation shall:

(a) be designed to allow other Member States to join as contracting parties, and

shall provide for the possibility to be amended to accommodate additional

participants without compromising the primary objective of supporting military

transport;

(b) entail an obligation for the transport service providers to disclose any potential

double-booking of transport capability to all participating Member States, prior

to accepting conflicting orders.

3. Member States and the transport service providers referred to in paragraph 2, point

(b), shall implement procedures to resolve transport capability allocation disputes,

ensuring that military transport priorities are met without undue delay.

Chapter V

Horizontal provisions

Article 40

National Coordinator for Cross-Border Military Transport

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.

2. Member States shall ensure that their respective National Coordinator for Cross-

Border Military Transport:

(a) receives and sends military transport permission requests and notifications as

referred to in Article 8(3) and Article 20(2);

(b) has the necessary expertise and resources to be able to provide advice and

support for all customs formalities;

(c) receives and replies to requests for priority access submitted during a period of

activation of EMERS and facilitates the necessary procedures, in accordance

with Article 21;

(d) is able to coordinate all relevant national, regional, and local level actors

involved in military transport operations, in order to ensure the smooth

execution of cross-border military transport operations, in particular during the

activation of EMERS, and coordinate the Military Transport Readiness Check

referred to in Article 42.

Article 41

Military Mobility Transport Group

1. The Military Mobility Transport Group is established to assist and provide advice

and recommendations to the Commission and to facilitate cooperation and exchange

of information among Member States on issues relating to this Regulation.

2. The specific tasks of the Military Mobility Transport Group shall be the following:

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(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;

(b) to facilitate the use of pre-planned traffic arrangements and pre-defined routes

for the purpose of military transport operations;

(c) to advise on basic and enhanced protection measures referred to in Article

34(4) and Article 24, respectively;

(d) to facilitate the identification and pre-positioning of key transport and logistic

capabilities for the Solidarity Pool to address the Union’s gaps in this area,

where a Solidarity Pool is operationalised in accordance with Article 35;

(e) to facilitate joint procurement by Member States of transport and logistic

capabilities for military transport;

(f) to review the Military Transport Readiness Checks results and stress tests

results carried out in accordance with Articles 42 and 43 and to issue

recommendations on their basis, where appropriate;

(g) to advise on the technical specifications and modules for the Military Mobility

Digital Information System, where established in accordance with Article 14,

taking due account of applicable Union customs legislation;

(h) to be consulted on the list of strategic dual-use infrastructure referred to in

Article 33(3).

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.

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.

5. The Commission shall ensure transparency by providing members of the Military

Mobility Transport Group equal access to information.

6. The Military Mobility Transport Group shall meet regularly, and whenever the

situation so requires, upon request from the Commission or a Member State. It shall

adopt its rules of procedure on the basis of a proposal submitted by the Commission.

7. The Military Mobility Transport Group may issue opinions, advice and

recommendations upon the request of the Commission or on its own initiative. The

Military Mobility Transport Group shall endeavour to find solutions which command

the widest possible support.

Article 42

Military Transport Readiness Check

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1. Member States shall conduct a Military Transport Readiness Check once a year to

assess their preparedness to execute military transports. The Military Transport

Readiness Check shall be comprised of information on all of the following:

(a) the necessary measures taken at national level to ensure the implementation of

EMERS;

(b) the measures taken at national level to ensure the whole-of-government

approach when dealing with military transport;

(c) whether measures and necessary traffic arrangements for planned cross-border

military transport operations have been taken;

(d) whether Host-Nation-Support measures to accommodate for planned cross-

border military transport on their territory have been taken;

(e) whether military transport permission requests have been submitted to and

received by other Member States in accordance with Articles 5 and 6;

(f) where a Solidarity Pool is operationalised in accordance with Article 35,

whether support requests from the Solidarity Pool have been submitted.

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.

Article 43

Stress tests

1. The Commission may conduct stress tests, in collaboration with Member States and

relevant Union bodies, to test and evaluate the Union's preparedness to facilitate

military transport. Such tests shall:

(a) prepare for the activation of EMERS;

(b) test the effectiveness of the whole-of-government approach in implementing

this Regulation’s objectives, including the coordination and cooperation among

relevant bodies, authorities and stakeholders;

(c) test the implementation of the provisions of this Regulation in a specific

geographical area, such as a specific military mobility corridor, in border

regions of a Member State with a third country, or in a specific sectorial area,

including customs.

2. Member States may request the Commission to conduct the stress tests referred to in

paragraph 1.

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.

4. The Commission may also participate in stress tests or exercises, at the request of a

Member State or based on any relevant invitation, with the objective to test and

evaluate the Union’s preparedness to facilitate military transport.

Article 44

Exercise of the delegation

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1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 5 and 8 shall be conferred

on the Commission for an indeterminate period of time from [DATE OF ENTRY

INTO FORCE].

3. The delegation of power referred to in Articles 5 and 8 may be revoked at any time

by the European Parliament or by the Council. A decision to revoke shall put an end

to the delegation of the power specified in that decision. It shall take effect the day

following the publication of the decision in the Official Journal of the European

Union or at a later date specified therein. It shall not affect the validity of any

delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by

each Member State in accordance with the principles laid down in the

Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to

the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 5 and 8 shall enter into force only if no

objection has been expressed either by the European Parliament or by the Council

within a period of two months of notification of that act to the European Parliament

and the Council or if, before the expiry of that period, the European Parliament and

the Council have both informed the Commission that they will not object. That

period shall be extended by two months at the initiative of the European Parliament

or of the Council.

Article 45

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a

committee within the meaning of Regulation (EU) No 182/2011.

2. The European External Action Service shall be invited to assist in the committee.

3. The European Defence Agency, the European Union Agency for Railways, the

European Union Aviation Safety Agency, the European Maritime Safety Agency, the

Network Manager (defined in point (49) of Article 2 of Regulation (EU) 2024/2803)

and the European Network and Information Security Agency shall be invited to

provide their views and expertise to the committee as observers.

4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No

182/2011 shall apply.

Chapter VI

Amendments to other Union acts

Article 46

Amendment to Regulation (EU) 2016/796

Regulation (EU) 2016/796 is amended as follows:

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1. In paragraph 3 of Article 1, the following point is added: ‘(d) preparedness of the

Union rail system provided for in Regulation (EU) 202X/XXX’.

2. In Article 2, the last sentence is replaced by ‘In pursuing those objectives, the

Agency shall take full account of the process of enlargement of the Union and of the

specific constraints relating to rail links with third countries and assist in ensuring the

resilience and security responsiveness of the Union rail system.

3. In paragraph 1 of Article 19, the following point is added: ‘(m) The agency shall

assist the Commission in establishing military mobility technical specifications for

the identification of vehicles suitable for use as part of a military transport pursuant

to Article 37 of Regulation (EU) 202X/XXX’

4. In Article 20, the following subparagraph is added: ‘The Agency shall assign a

European vehicle number (EVN) in accordance with Article 46(1) of Directive (EU)

2016/797’.

5. In paragraph 2 of Article 80, the following point is added: ‘(e) the registration of

vehicles in the European vehicle register pursuant to Article 22 of Directive (EU)

2016/797’.

Article 47

Amendments to Directive (EU) 2016/797

Directive (EU) 2016/797 is amended as follows:

1. in Article 21, the following paragraph is added:

‘18. In cases where the area of use is limited to one or more networks within a

Member State, Member States may agree with the Agency to delegate their power to

authorise railway vehicles that can be used for military transports as defined in

Article 37 of Regulation (EU) 202X/XXXX to the Agency. The details of such

delegation shall be agreed in cooperation agreements pursuant to Article 76 of

Regulation (EU) 2016/796, and the Agency shall share the delegations it has received

from Member State via the one-stop-shop established under Article 12 of Regulation

(EU) 2016/796.’;

2. in Article 22, paragraph 3 is replaced by the following:

‘3. When the area of use of the vehicle covers the territory of more than one Member

State, it shall be registered either in one of the Member States concerned or by the

Agency.’;

3. in Article 46, paragraph 1 is replaced by the following:

‘1. Upon registration in accordance with Article 22, each vehicle shall be assigned a

European vehicle number (EVN) by the competent authority. Each vehicle shall be

marked with an assigned EVN.’.

Article 48

Amendments to Regulation (EU) 2024/2803

Regulation (EU) 2024/2803 is amended as follows:

1. in Article 9(1), the following subparagraph is inserted after the first subparagraph:

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‘By way of derogation [from the first subparagraph], air navigation service providers

may, until 31 December 2030, avail themselves of the communication services of

other service providers that are not certified or that did not declare their capability in

accordance with Article 41 of Regulation (EU) 2018/1139, on the condition that

those providers provided communication services in the Union prior to the entry into

force of this Regulation.’;

2. in Article 11(6), the following subparagraphs are added:

‘By way of derogation from this paragraph, a provider of communication services

that has been providing such services in the Union prior to the entry into force of this

Regulation may, until 31 December 2030, be selected to provide the same services in

the Union even if it does not comply with the condition set out in point (a).

By way of derogation from this paragraph, a provider of communication services that

has been providing such services in the Union prior to the entry into force of this

Regulation may, until 31 December 2033, be selected to provide the same services in

the Union even if it does not comply with the conditions set out in points (b) and

(c).’.

Article 49

Amendments to Regulation (EU) 2018/1139

Regulation (EU) 2018/1139 is amended as follows:

1. in Article 3, the following point is added:

‘(35) ‘regulatory sandbox’ means a temporary and controlled framework, established

by a Member State or the Agency, to enable the design, development, testing, and

demonstration of innovative, including dual-use, products and services, in a real-

world environment, subject to predefined conditions and timelines, with the aim of

fostering innovation and military mobility, and under the supervision of a competent

authority.’;

2. in Article 71, paragraph 1 is replaced by the following:

‘1. Member States may grant exemptions to any natural or legal person subject to this

Regulation from the requirements applicable to that person pursuant to Chapter III,

other than the essential requirements laid down in that Chapter, or to the delegated or

implementing acts adopted on basis of that Chapter, in the following circumstances:

(a) in the event of urgent unforeseeable circumstances affecting those persons or

urgent operational needs of those persons;

(b) when those requirements prevent the certification, use or operation of

innovative technologies, products, equipment, systems, components,

operational concepts or business models.’.

The exemptions referred to in the first subparagraph may be granted where all of the

following conditions have been met:

(a) it is not possible to adequately address those circumstances or needs in

compliance with the applicable requirements;

(b) safety, environmental protection and compliance with the applicable essential

requirements are ensured, where necessary through the application of

mitigation measures;

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(c) the Member State has mitigated any possible distortion of market conditions as

a consequence of the granting of the exemption as far as possible; and

(d) the exemption is limited in scope and duration to the extent strictly necessary

and it is applied in a non-discriminatory manner.

In such a case, the Member State concerned shall immediately notify the

Commission, the Agency and the other Member States, through the repository

established under Article 74, of the exemption granted, its duration, the reason

for granting it and, where applicable, the necessary mitigation measures

applied.’;

3. in Article 74(1), second subparagraph, the following point is added:

‘(s) notifications of decisions by Members States or by the Agency regarding the

establishment, the suspension, and the termination of regulatory sandboxes pursuant

to Article 86a, and the corresponding joint report.’;

4. in Article 75(2) the following point is added:

‘ (k) cooperate with national military authorities, relevant Union and international

bodies to enable dual-use air transport solutions as well as their safe integration into

civil air traffic.’;

5. the following new Article 86a is inserted:

‘Article 86a

Regulatory sandboxes

1. Regulatory sandboxes may be established by a Member State or the Agency, at

their own initiative or upon request from an organisation, to contribute to the

following objectives:

(a) promoting innovation and competitiveness in the aviation sector;

(b) enabling the timely and safe introduction of innovations into the Union

aviation market;

(c) improving legal certainty and facilitating compliance with this Regulation and

with the delegated and implementing acts adopted on the basis thereof and,

where relevant, other applicable Union and national law; supporting evidence-

based regulatory learning and the development of performance-based

requirements.

2. A regulatory sandbox may be established when the following criteria are met:

(a) the technologies, products, equipment, systems, components, operational

concepts or business models to be tested represent a genuine innovation and are

expected to deliver consumer or wider societal benefits;

(b) the innovation is sufficiently mature to be tested in a real-world controlled

environment, and relevant legislative barriers or gaps have been identified;

(c) safety and environmental protection are ensured, and compliance with

applicable essential requirements is achieved, where necessary through the

application of mitigation measures.

3. A regulatory sandbox shall be subject to clearly set out:

(a) objectives;

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(b) scope and duration, which shall be limited to the extent strictly necessary to

achieve the proposed objectives;

(c) governance structure, including the roles and responsibilities of all

participating authorities and entities, which shall:

(i) include the designation of a competent authority responsible for the

supervisions and oversight of the sandbox;

(ii) ensure that all Member States and authorities affected by the objectives

and scope of the sandbox are adequately involved in its establishment and

implementation;

(iii) ensure that the Agency is involved, particularly in the development of

the safety case and of the expected regulatory learning;

(d) monitoring and evaluation criteria;

(e) eligibility criteria and admission procedures, which are transparent and non-

discriminatory;

(f) reporting obligations, which support an adequate follow-up of activities.

4. An organisation applying for participation in a sandbox shall demonstrate that the

technologies, products, equipment, systems, components, operational concepts or

business models to be tested fulfil the criteria in paragraph 2. To do that, the

organisation shall:

(a) specify the objectives of the innovative project or solution;

(b) identify the concrete regulatory barriers or gaps to be addressed;

(c) develop a safety case outlining the mitigation measures to be implemented to

ensure an adequate level of safety and environmental protection and, as far as

possible, compliance with the applicable essential requirements.

5. Upon receiving a request or application from an organisation, the Member State or

the Agency shall assess whether the proposed mitigation measures are appropriate

and sufficient to ensure an adequate level of safety and propose any additional

measures it considers necessary. It shall also specify the expected regulatory learning

from the sandbox.

6. A Member State or the Agency establishing a regulatory sandbox shall

immediately notify the other Member States and the Agency of the creation of the

sandbox. The notification shall include all the elements referred to in paragraph 3.

7. The establishment of a regulatory sandbox shall not affect the oversight or

corrective powers of the competent authorities supervising the sandbox. National

competent authorities and the Agency shall have the power to suspend or terminate

the testing process or the participation in the sandbox if no effective mitigation is

possible. They shall inform the Agency and the Member States of such decisions

through the repository established under Article 74.

8. Upon conclusion of the regulatory sandbox, a joint report shall be prepared by the

organisation and the relevant Member State or the Agency. The report shall detail the

activities carried out, the results achieved and the regulatory learning outcomes.

Organisations may use that report to support a demonstration of compliance with this

Regulation and the delegated and implementing acts adopted on the basis thereof.

The Agency shall include that report in the repository established under Article 74.

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9. Member States and the Agency shall coordinate their regulatory sandbox activities

and exchange best practices.

10. Organisations participating in a regulatory sandbox shall remain liable under

applicable Union and national law for any damage inflicted on third parties as a

result of the experimentation taking place in the sandbox. However, provided that the

organisation complies with the sandbox plan, its terms and conditions, and follows

the guidance provided by the Member Sate or the Agency in good faith, no

administrative fines shall be imposed, and no action shall be taken against existing

certificates for infringements of this Regulation and the delegated and implementing

acts adopted on the basis thereof.

11. To support the implementation of this Article, the Agency shall, in accordance

with Article 115, adopt guidance on the establishment and operation of regulatory

sandboxes. The guidance shall include, at a minimum, common principles and

procedures on the following issues:

(a) the eligibility and selection criteria for participation in regulatory sandboxes;

(b) the application, participation, monitoring, exiting from, and termination of

regulatory sandboxes, including the sandbox plan and the joint report;

(c) the terms and conditions applicable to the participants.’;

6. in Article 126(1), first subparagraph, the following point is added:

‘(d) the establishment, operation, and oversight of regulatory sandboxes referred to in

Article 86a.’.

Chapter VII

Final provisions

Article 50

Confidentiality and security rules on the protection of the information received

1. Information received as a result of the application of this Regulation shall be used

only for the purpose for which it was requested.

2. Member States and the Commission shall ensure the appropriate protection of trade

and business secrets and other sensitive and confidential information acquired and

generated in application of this Regulation in accordance with Union and national

law.

3. The Commission shall not share any information that it has received under this

Regulation in a way that can lead to the identification of an individual economic

operator where the sharing of the information would result in potential commercial

or reputational damage to that economic operator or in the divulgence of trade

secrets.

4. Member States and the Commission shall ensure that classified information provided

or exchanged under this Regulation is not downgraded or declassified without the

prior written consent of the originator of that information.

EN 62 EN

Article 51

Personal data protection

1. This Regulation shall be without prejudice to the obligations of Member States

relating to their processing of personal data, in particular under Regulation (EU)

2016/679 and Directive 2002/58/EC, or the obligations of the Commission and,

where appropriate, other Union institutions, bodies, offices and agencies relating to

their processing of personal data, in particular under Regulation (EU) 2018/1725,

when fulfilling their responsibilities.

2. The Member States, the Commission and, where appropriate, other Union

institutions, bodies, offices and agencies may process personal data where necessary

to comply with obligations in this Regulation or where necessary for the exercise of

official authority or for tasks in the public interest entrusted to them in this

Regulation.

Article 52

Evaluation

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.

Article 53

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

[...] [...]

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LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT - AGENCIES

1. CONTEXT OF THE PROPOSAL ............................................................................... 1

• Reasons for and objectives of the proposal .................................................................. 1

• Consistency with existing policy provisions in the policy area ................................... 2

• Consistency with other Union policies ........................................................................ 4

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY ............................... 5

• Legal basis .................................................................................................................... 5

• Subsidiarity (for non-exclusive competence)............................................................... 5

• Proportionality ............................................................................................................. 6

• Choice of the instrument .............................................................................................. 7

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS

AND IMPACT ASSESSMENTS ................................................................................ 7

• Ex-post evaluations/fitness checks of existing legislation ........................................... 7

• Stakeholder consultations ............................................................................................ 7

• Collection and use of expertise .................................................................................... 8

• Impact assessment ........................................................................................................ 8

• Regulatory fitness and simplification .......................................................................... 8

• Fundamental rights ....................................................................................................... 8

4. BUDGETARY IMPLICATIONS ................................................................................ 9

5. OTHER ELEMENTS ................................................................................................ 10

• Implementation plans and monitoring, evaluation and reporting arrangements ........ 10

• Detailed explanation of the specific provisions of the proposal ................................ 10

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT - AGENCIES ......................... 1

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 4

1.1. Title of the proposal/initiative ...................................................................................... 4

1.2. Policy area(s) concerned .............................................................................................. 4

1.3. Objective(s) .................................................................................................................. 4

1.3.1. General objective(s) ..................................................................................................... 4

1.3.2. Specific objective(s) ..................................................................................................... 4

1.3.3. Expected result(s) and impact ...................................................................................... 5

Specify the effects which the proposal/initiative should have on the beneficiaries / groups

targeted. ........................................................................................................................ 5

1.3.4. Indicators of performance ............................................................................................ 7

Specify the indicators for monitoring progress and achievements ............................................ 7

1.4. The proposal/initiative relates to: ................................................................................. 8

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1.5. Grounds for the proposal/initiative .............................................................................. 8

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative ............................................................ 8

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section 'added value of EU involvement' is the value resulting

from EU action that is additional to the value that would have been otherwise created

by Member States alone. ............................................................................................ 10

1.5.3. Lessons learned from similar experiences in the past ................................................ 11

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments ..................................................................................... 12

1.5.5. Assessment of the different available financing options, including scope for

redeployment .............................................................................................................. 12

1.6. Duration of the proposal/initiative and of its financial impact .................................. 13

1.7. Method(s) of budget implementation planned ........................................................... 13

2. MANAGEMENT MEASURES................................................................................. 14

2.1. Monitoring and reporting rules .................................................................................. 14

2.2. Management and control system(s) ........................................................................... 14

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed ................ 14

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them.......................................................................................................... 15

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure) ......................................... 15

2.3. Measures to prevent fraud and irregularities .............................................................. 16

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 17

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)

affected ....................................................................................................................... 17

3.2. Estimated financial impact of the proposal on appropriations ................................... 18

3.2.1. Summary of estimated impact on operational appropriations.................................... 18

3.2.1.1. Appropriations from voted budget ............................................................................. 18

3.2.2. Estimated output funded from operational appropriations......................................... 23

3.2.3. Summary of estimated impact on administrative appropriations ............................... 24

3.2.3.1. Appropriations from voted budget .............................................................................. 24

3.2.3.3. Total appropriations ................................................................................................... 24

3.2.4. Estimated requirements of human resources.............................................................. 25

3.2.4.1. Financed from voted budget....................................................................................... 25

3.2.5. Overview of estimated impact on digital technology-related investments ................ 27

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3.2.6. Compatibility with the current multiannual financial framework.............................. 27

3.2.7. Third-party contributions ........................................................................................... 27

3.3. Estimated impact on revenue ..................................................................................... 33

4. Digital dimensions ..................................................................................................... 33

4.1. Requirements of digital relevance .............................................................................. 34

4.2. Data ............................................................................................................................ 36

4.3. Digital solutions ......................................................................................................... 36

Alignment with the European Data Strategy ............................................................................ 37

4.4. Interoperability assessment ........................................................................................ 37

4.5. Measures to support digital implementation .............................................................. 37

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1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Proposal for a Regulation of the European Parliament and the Council on

establishing a framework of measures related to Military Mobility to facilitate the

transport of military equipment, goods and personnel across the Union

1.2. Policy area(s) concerned

Union’s Defence Industrial Policy

Union’s Transport Policy

Union’s Customs and Taxation Policy

Union’s Food Safety Policy

1.3. Objective(s)

1.3.1. General objective(s)

The overarching objective of the Regulation on Military Mobility is to establish a

coherent and harmonised EU-level framework that enables, facilitates, and

accelerates the transport of military personnel, material, and equipment across the

territory of the European Union.

The objective of the Regulation is to reflect military transport needs and

requirements in EU legislation and programmes through amendments to existing

legislation and new self-standing provisions as needed

1.3.2. Specific objective(s)

Streamlining cross-border military transport (establishing a uniform framework for

permission procedures and ensuring uninterrupted and safe military transport)

including by simplifying customs formalities applicable to such transport at the

Union’s external borders

Enhancing emergency response (creating an efficient, coordinated, and effective

framework to facilitate military transport in response to temporary, extraordinary,

and urgent situations)

Improving infrastructure readiness and protection (setting out rules to enhance the

readiness and safe deployment of dual-use transport infrastructure and better protect

strategic dual-use infrastructure against all hazards and threats, including threats to

radio frequency spectrum supporting transportation), including threats)

Fostering solidarity and capability sharing (encouraging the sharing and pooling of

transport and logistics capabilities through a Solidarity Pool, and increasing visibility

of existing transport capabilities for military transport).

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1.3.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries / groups targeted.

General:

The Regulation strikes a careful balance between facilitating military transport

operations and mitigating their impact on civilians. By aiming to clarify the

regulatory framework for operators and distinguishing between normal military

transport rules and the emergency measures entailed under EMERS, the Regulation

adopts a graduated and progressive approach. This targeted, proportional approach

minimises the impact on the civilian sector, limiting it to what is strictly necessary to

accommodate increased military transport operations in the Union. Furthermore, the

measures enhance predictability for civilian activities and provide opportunities for

the civilian sector to contribute actively to improving military mobility in the Union,

fostering a collaborative and mutually beneficial environment.

(d) Strengthened ability to organise military transport, during peacetime, much

quicker than currently and with much reduced administrative burden

(e) Availability of transport operators, to be contracted for military mobility

purposes: availability of sufficient, specialised moveable assets to carry out

transports; ability to use them across Europe in case of emergencies, reduction

of administrative burden

(f) Operators and infrastructure managers: prepared for extraordinary operational

circumstances and large-scale military movements (resilience and security)

(g) Enhanced resilience and protection of strategic dual-use infrastructure

Related to Military Mobility Transport Group:

(h) Better co-ordination among MS through establishment of a relevant Military

Mobility Transport Group, with ability to oversee implementation of this

Regulation

Related to Solidarity Pool:

(i) Improved availability and access to military mobility capabilities (transport

assets and logistic equipment) through pooling and sharing between MS

Related to ERA:

(j) Streamlined applications for vehicle authorisation such as military adjustments

or retrofits of railway vehicles;

(k) requirements; Identification of military needs to be turned into technical

specifications for TSIs;

(l) Identification of national requirements and harmonisation of requirements

regarding the exceptional “overweight/oversized transport to meet the 24 hours

(currently up to 80 days) turnaround time for MM movement permissions and

transport arrangements, similar to road; (subsidy-funded FTEs)

(m) Identification- identification and digitizing using RINF of suitable routes lines

for rendering exceptional transports requests more predicable; (subsidy-funded

FTEs)

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(n) Collaboration with commercially oriented stakeholder on the identification of

rolling stock within the existing fleet with potential to be used also for military

purposes;

(o) Additional- collaboration with commercially oriented stakeholder on the

identification of rolling stock within the existing fleet with potential to be used

also for military purposes (subsidy-funded FTEs)

(p) - additional vehicle authorisations to extend the area of use for identified

existing vehicles that may be used within military transports outside their

commercially viable area of operation; (fee-funded FTEs)

(q) Register- to speed up processes, ERA to register rolling stock, similar to

Member States, a completely new task that requires private law knowledge on

top of technical understanding (key delivery to speed effectiveness of MM

vehicle authorization, but in the longer run benefitting all authorizations;) (fee-

funded FTEs); (fee-funded FTEs)

(r) Harmonisation- harmonization of the degraded and resilient mode of control,

command and signalling of trains; (subsidy-funded FTEs)

(s) Development- development and implementation of changes in ERA registers to

link the management of vehicle registration in EVR with the authorisation

process and possibly OSS related to the vehicle registration by ERA; (subsidy-

funded FTEs)

(t) Organizing- organizing and chairing of fora bringing together railway experts

with military experts to solve technical issues (JNS military); (subsidy-funded

FTEs)

(u) Organizing- organizing and chairing of fora bringing together railway experts

with military experts to solve technical issues (JNS military); (subsidy-funded

FTEs)

(v) Revision and harmonising existing military standards;

(w) Revision- revision and harmonising existing military standards; (subsidy-

funded FTEs)

(x) Adaptation- adaptation of impacted TSIs, CSMs, practical arrangements for

vehicle authorization and further impacted documents.

(y)

Related to EASA:

(z) Accelerating the rule development for Unmanned Aircraft Systems (UAS) in

the certified category supporting dual-use of UAS. Contributing to the rule

development for civil UAS operations in the certified category will accelerate

the European development as well of UAS for dual-use and their integration in

the European Airspace. It should be prioritised the development of a regulation

on certified category drones by EASA in association with military authorities.

(aa) Accelerating the delivery of new military mobility capabilities by facilitation of

innovative dual drones, manned aircraft and Counter-UAS (C-UAS) systems

tests and demonstration, through the establishment of a network of civil-

military tests centres and a harmonised framework for regulatory sandboxes.

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(bb) Harmonised technical rules and guidance for Counter-UAS systems to

strengthen infrastructure resilience as well as mitigate their on aviation safety.

(cc) Harmonised technical rules and guidance to facilitate air military mobility and

interoperability with civil aviation while ensuring the appropriate level of

safety in the domains of (i) operation of military aircraft or use of equipment at

dual-use aerodromes, (ii) dual-use transport aircraft of Solidarity Pool, (iii) EU-

NATO common use of technical standards (particularly for drones, with AI-

based functions), (iv) methodology for drones AI-based functions

trustworthiness assessment, and (v) Air traffic integration in low altitude

airspaces and U-space.

(dd) Developing proposed amendments to include the protection of essential

Communication, Navigation and Surveillance infrastructure and the spectrum

in use by those systems in the list of essential services to be protected under

Directive (EU) 2022/2557 on the resilience of critical entities and Commission

Delegated Regulation (EU) 2023/2450 establishing a list of essential services.

(ee) Developing guidance for enhanced monitoring of radio frequency interference

and enhanced coordination with local spectrum and law enforcement

authorities to prevent, and respond to, interference of CNS infrastructure

(ff)

1.3.4. Indicators of performance

Specify the indicators for monitoring progress and achievements

General:

Taking into account the general objective of the Military Mobility Regulation, its

results and impacts will be assessed through a retrospective evaluation following

the implementation period. The Commission will ensure that appropriate

performance indicators are established and monitored. These indicators may

include:

– Reduction in average processing time for cross-border military movement

authorisations

– Number of dual-use transport assets and service providers registered in the

Solidarity Pool

– Increase in availability and interoperability of dual-use infrastructure identified

as strategic for military mobility– Number of Member States participating in or

benefiting from the Solidarity Pool. Number of meetings of the Military Mobility

Group and relevant secretariat assistance provided by the Commission to

organisation– Number of exercises, stress tests, or contingency simulations

conducted under the preparedness and resilience frameworks

– Reduction of reported procedural or infrastructural bottlenecks affecting

military mobility across the Union.

Related to ERA:

- Number of dual-use vehicles identified in ERA registers (EVR, ERATV) and

number authorised by ERA following delegation by MS NSA;

- reduction of length of authorisation process of these vehicles

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- Number of technical and operational rules recommended for modification to

facilitate military transports

- Number of ERA registry parameters added to facilitate exceptional transports.

Related to EASA:

- Number of applications for certification of dual-use aircraft or modification

(UAS included) in accordance with common rules developed by EASA

- Number of regulatory sandboxes established for innovative technologies on

dual-use aircraft

- Number of technical and operational rules adopted or modified to facilitate

military transports or strengthen resilience of critical infrastructure.

1.4. The proposal/initiative relates to:

 a new action

 a new action following a pilot project / preparatory action8

 the extension of an existing action

 a merger or redirection of one or more actions towards another/a new action

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

General:

The Regulation establishes a harmonised legal framework enabling the rapid, safe,

and predictable transport of military personnel and equipment across the Union. This

framework will be binding from the date of entry into force of the Regulation. In the

short term, implementation will focus on adopting the necessary implementing acts.

Immediately after entry into force of the Regulation, to be expected still under this

MFF 2021-27, concrete steps will be taken towards establishment of the Solidarity

Pool and gaining visibility on available dual-use transport assets. These will include

setting up a secure IT module with capacity of registering military mobility

capabilities within the pool and handling assistance requests. This is estimated to

require IT resources (2 FTEs) in 2027.

Additionally, immediately after entry into force of the Regulation, for ensuring

secretariat of the Military Mobility Transport Group and overseeing the process to

set up the Solidarity Pool, the Commission will require 2 FTE within DG DEFIS for

2027.

Under the MFF 2028-34, operational administration and management of the pool

(actual registration of capacities, handling requests and deployments) is estimated as

requiring 30 FTEs per year under the next MFF 2028-34. The European

Competitiveness Fund foresees eligible actions to support the expenditures related to

set up and operations of the Solidarity Pool in the next MFF.

8 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

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The support for the Military Mobility Transport Group secretariat and oversee set up

and steering the Solidarity Pool will continue to require 2 FTE within DG DEFIS

annually.

Additionally, as of the entry into force of the Regulation and under the next MFF

2028 - 2034, [5] FTEs (AD) will be needed within DG MOVE. Firstly, additional

human resources will be needed for the coordination of the four military mobility

corridors as the Regulation imposes new obligations on Member States and creates

new tasks and responsibilities for the Commission. As the upgrading of the four

corridors to military infrastructure standards becomes mandatory, DG MOVE will

need to analyse the compliance of the corridors with these standards. It will need to

steer new processes and exercise additional coordination tasks related to the

alignment of investment needs and implementation deadlines along the corridors, the

coherence of investment planning and the coordination between Member States’

Ministries of Defence and Transport. DG MOVE will also need to support Member

States with their new coordination obligations as set out in Article 32, including on

the designation of routes, transport nodes and facilities on the corridors and

comprehensive risk assessment. To ensure the Commission's new responsibility

under the Regulation to support Member States in the identification and coherent

implementation of “hotspot” investments along the corridors (Article 32), additional

significant coordination work is needed. Secondly, additional resources will be

required in DG MOVE to meet the Commission’s new responsibility to regularly

assess Member States’ submitted lists of strategic dual-use infrastructure and to

define basic and enhanced protection and resilience measures for this exercise

(Articles 33 and 34). Lastly, the upcoming revision of the EU military requirements

for infrastructure will require additional tasks and resource needs for DG MOVE.

In the medium term, an operational use of harmonised procedures, national points of

contact, and digital platform for movement permissions. Longer-term objectives

include the integration of resilience measures for strategic dual-use infrastructure and

converging towards greater interoperability with NATO and other partners. The

Regulation is thus designed for progressive roll-out, with early functionality

envisaged and full maturity being possible within the subsequent Multiannual

Financial Framework period.

On DG TAXUD side, one additional FTE will be required for the simplification of

customs formalities and the digitalisation of the EU Form 302, which includes the

analytical and preparatory work to ensure the establishment of the framework for the

customs aspect and the specific requirements as well as to follow up the correct

implementation of these customs aspects in the potential future IT tool.

Related to ERA:

- adapt TSIs and CSMs in line with military mobility package

- harmonisation of military mobility technical requirements

- adapt ERA registers and tools]

Related to EASA:

EASA should first accelerate the rule development for Unmanned Aircraft Systems

(UAS) in the certified category, integration in the general air traffic particularly and

promote regulatory sandboxes accordingly. Following a first experimentation,

conducted under the initiative of several EU Member States, EASA should continue

developing guidance for assessing new risks linked with operation of military aircraft

EN 10 EN

or installation of equipment at civil aerodromes. This will require the reinforcement

of EASA by 2 additional FTEs very early in the process.

Perform the priority activities linked with Counter-UAS or harmonised rules,

guidance and standards. The tasks and objectives listed under §1.3.3 are currently not

part of EASA’s mandate, which is focussed on the civil domain. Delivering on these

objectives requires additional resources, estimated at 6 FTEs. Some of the

corresponding activities will be funded through fees and charges (3 FTEs in total),

while other objectives and tasks are of pure regulatory nature and aim at establishing

and maintaining over time new rules to complement the current EU regulatory

framework and enable harmonized, seamless and safe dual air operations. They

cannot be funded through fees and charges and therefore require additional subsidy

funding (3 FTEs). EASA lacks expertise to cover the proposed activities, internal

redeployment of resources was assessed but deemed not appropriate (lack of

expertise) or possible, without endangering the ongoing activities mandated to EASA

by the Basic Regulation.

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section 'added value of EU involvement' is the value resulting

from EU action that is additional to the value that would have been otherwise

created by Member States alone.

Reasons for action at EU level (ex-ante)

EU involvement provides clear added value by ensuring coherence, interoperability,

and legal certainty across Member States in the area of military mobility (objectives

that cannot be achieved through national action alone). The Regulation creates a

framework for cross-border transport procedures, foresees measures to increase

infrastructure resilience, and capability pooling, thereby eliminating fragmentation,

reducing administrative burden, and enabling a coordinated Union-wide response in

emergency situations. It ensures complementarity with NATO planning processes

and maximises efficiency through the creation of the digital tool, and its focus on

interoperability. The subsidiarity principle is respected and the EU added value

confirmed

Expected generated EU added value (ex-post)

There will be coordination gains from harmonising rules relevant to military mobility

at EU level.

For the Solidarity Pool:

- increase of availability of military mobility capabilities;

- increase of the effective use of available capabilities;

- improved coordination to fill capabilities gaps at EU level.

For Military Mobility Transport Group:

- improved coordination on military mobility between Member States;

- improved cost-effectiveness of Member States actions;

- providing a forum for peer review, assessment of progress and strategic decision

making on solidarity pool.

For ERA:

EN 11 EN

- Greater effectiveness through the use of existing processes for harmonising

technical and operational rules in rail.

For EASA:

- The EU Military Aviation Authorities acknowledged that harmonisation brings

effectiveness. They developed common requirements in the context of the Military

Airworthiness Authorities (MAWA) Forum led by EDA, but their implementation at

national level has limited this effectiveness. EASA’s technical expertise and

regulatory framework brings greater effectiveness and cost-efficiency thanks to the

synergies with the existing civil aviation environment.

- Greater harmonisation, where relevant, will also result in better interoperability and

should be extended to new types of aircraft like dual-use drones and other domains

of aviation like aerodromes, air traffic management and air navigation services.

- Maintaining level of aviation safety in the context of civil and military operations

increase.

1.5.3. Lessons learned from similar experiences in the past

Experience from the implementation of the previous Military Mobility Action Plans

and related EU funding instruments has demonstrated the need for stronger

coordination, clearer governance structures, and legally binding procedures to ensure

uniform implementation across Member States. Even if substantial progress has been

achieved, past initiatives have led to uneven progress, fragmented investments, and

limited interoperability gains.

The European Court of Auditors, in its Special Report 04/2025, highlighted areas for

improvement in strategic prioritisation, monitoring, and project selection. These

lessons have informed the design of the present Regulation, which introduces

binding procedures to ensure consistency, efficiency, and accountability in future

implementation.

The resources allocated to ERA under the 4th Railway Package (2016) proved to be

insufficient to complete the tasks set out in implementing and delegated acts in the

timeline foreseen.

EASA’s mandate as per Founding Regulation EU 2018/1039 does not cover State

and Military aircraft. However, some specific projects for large military cargo

aircraft and some military civil derivative helicopters have demonstrated the added-

value of dual-use certification activities. There are many benefits in effectiveness,

cost-efficiency and interoperability in extending these success stories to other

domains of aviation. Since activities for the benefit of the military are not in the

mandate of EASA, the resources currently allocated to the agency are insufficient to

allow it to support the Commission in the area of military air mobility, notably in the

priority fields of dual-use drones and counter-drones, dual-use aerodromes, strategic

airlift reserve, dual-use research and innovation support.

Facilitating military mobility is an urgency. Therefore, ERA and EASA should be

sufficiently resourced to carry out the additional tasks related to military mobility

they are to accomplish.

EN 12 EN

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments

The initiative is fully consistent with the current MFF and complements existing

Union instruments supporting security, defence, and transport. It builds on progress

achieved on digitalisation of cross-border movements in the European Defence Fund.

Additional complementarities are foreseen with the Union Civil Protection

Mechanism (rescEU) and ERCC where the Solidarity Pool could rely on existing

experiences and, if possible, structures. The proposed European Competitiveness

Fund under the next MFF foresees possible eligible actions to support digitalisation

and solidarity mechanism as well as procurement of military mobility capabilities

meant to be registered in the pool.

Synergies will be achieved through the use of established processes, tools and

expertise at ERA and EASA to implement military mobility tasks.

1.5.5. Assessment of the different available financing options, including scope for

redeployment

The budgetary implications of this proposal are dealt with under this legislative

financial statement.

In terms of expenditures, the specific budgetary impact of this initiative is limited to

appropriations for human resources (to ensure secretariat of the Military Mobility

Transport Group, oversee set up and steering the Solidarity Pool, to meet the new

tasks and responsibilities of the Commission in relation to the military mobility

corridors, hotspot projects and the identification and protection of strategic dual-use

infrastructure as outlined in section 1.5.) and financial and human resources to ensure

IT development of the Solidarity Pool in a secure environment during the set up

phase after the entry into force of this Regulation. Continuation under the next MFF

will depend on the outcome of the negotiations. The exploratory work on the

development of the digital tool will also be covered.

The importance of human and financial resources under this MFF stem from the fact

that the time before the next MFF should be used effectively to build the Solidarity

Pool structure to enable swift and efficient progress towards registering assets, to

swiftly proceed with the identification of protection measures for strategic dual-use

infrastructure to support Member States with their new obligations, to support the

revision of the EU military requirements for infrastructure, as well as to meet the

Commission’s new responsibilities regarding the military mobility corridors and

“hotspot” projects.

In terms of expenditures, the specific budgetary impact of this initiative is limited to

appropriations for human resources to carry out the tasks and objectives listed above

and the necessary IT system developments to support databases development and

maintenance. These constitute an expansion and increase of ERA and EASA tasks

specifically related to military mobility and will be permanent, while existing tasks

will not decrease. Therefore, the resources for the periods under the current MFF will

be covered by an offsetting reduction of the programme Connecting Europe Facility

(CEF), the continuation of funding from 2028 onwards, must be offset from a

relevant programme of the next MFF, without prejudice to the future MFF

Agreement.

EN 13 EN

1.6. Duration of the proposal/initiative and of its financial impact

 limited duration

–  in effect from [DD/MM]YYYY to [DD/MM]YYYY

–  financial impact from YYYY to YYYY for commitment appropriations and

from YYYY to YYYY for payment appropriations.

 unlimited duration

– Implementation with a start-up period from 2027 to YYYY,

– followed by full-scale operation.

1.7. Method(s) of budget implementation planned

 Direct management by the Commission

–  by its departments, including by its staff in the Union delegations;

–  by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

–  third countries or the bodies they have designated

–  international organisations and their agencies (to be specified)

–  the European Investment Bank and the European Investment Fund

–  bodies referred to in Articles 70 and 71 of the Financial Regulation

–  public law bodies

–  bodies governed by private law with a public service mission to the extent that

they are provided with adequate financial guarantees

–  bodies governed by the private law of a Member State that are entrusted with

the implementation of a public-private partnership and that are provided with

adequate financial guarantees

–  bodies or persons entrusted with the implementation of specific actions in the

common foreign and security policy pursuant to Title V of the Treaty on

European Union, and identified in the relevant basic act

– bodies established in a Member State, governed by the private law of a

Member State or Union law and eligible to be entrusted, in accordance with

sector-specific rules, with the implementation of Union funds or budgetary

guarantees, to the extent that such bodies are controlled by public law bodies or

by bodies governed by private law with a public service mission, and are provided

with adequate financial guarantees in the form of joint and several liability by the

controlling bodies or equivalent financial guarantees and which may be, for each

action, limited to the maximum amount of the Union support.

Comments

EN 14 EN

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

The Commission will be overall accountable for implementing the proposed

Regulation as well as for reporting to the European Parliament and the Council on

implementation and compliance.

Commission will report to the Military Mobility Transport Group on the

implementation of the Solidarity Pool.

ERA will report on a regular basis on the implementation of the contribution

agreements (MFF 2021-2027), subsidy (MFF 2028-2034) and of the related actions.

EASA will report on the implementation of contribution agreements, subsidy and of

related actions to the budgetary authority as part of the annual discharge.

Data collection is required from different sources, including from Member States

authorities. The coordination of the data collection activities is performed by each

decentralised agency.

For the digital aspects in relation to the potential Military Mobility Digital

Information System, see also explanations provided under section 4 of this LFDS.

The Commission services will monitor the implementation and effectiveness of this

initiative through a number of actions and a set of core indicators that will measure

progress towards achieving the objectives. Three years after the implementation date

of the legislation, the Commission services should carry out an evaluation to verify

to what extent the objectives of the initiative have been reached.

2.2. Management and control system(s)

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed

The Commission will be assisted by the ERA in implementing the provisions of the

Regulation related to rail, notably (i) additional authorisation tasks related to dual-

use vehicles, including as Registration Entity, (ii) the harmonisation of existing

military mobility standards and integrating them into the technical specifications for

interoperability (to make them enforceable, as appropriate), and (iii) harmonisation

of operational (safety) and technical rules for military mobility, adaptation of

registers and tools, and cleaning up existing national rules made redundant by such

new harmonised rules.

ERA is best placed to carry out these tasks at EU level, as they require strong

expertise in the harmonisation of railway rules, and an in-depth understanding of

complex technical matters related to both interoperability and safety, which justifies

the indirect management mode.

The Commission will be assisted by EASA in implementing the provisions of the

Regulation related to aviation. EASA is best placed to carry out these tasks at EU

level, as they require strong expertise in the certification of aviation products and

aerodromes/ATM domains, and an in-depth understanding of complex technical

matters related to both dual-use and safety, which justifies the indirect management

mode.

EN 15 EN

DG MOVE, in the context of its supervision of decentralised entities, and ERA and

EASA will apply their respective control strategies to this expenditure.

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

The main risks identified relate to (i) potential delays in the establishment Solidarity

Pool (secure IT system).

Risks associated are of insufficient budgetary volume compared to actual needs.

Financial risks are assessed as low, given the limited budgetary exposure and

reliance on existing EU programmes with established control structures.

While the Commission will be overall accountable for implementing the proposed

Regulation as well as for reporting to the European Parliament and the Council on

the implementation and compliance, the ERA and EASA will be responsible for the

performance of the identified tasks and operation and for the implementation of its

internal control framework. ERA will be required to develop existing IT tools and

modules.

ERA and EASA, autonomous EU Bodies, have the responsibility to set up the

appropriate control systems to ensure compliance with the 5 internal control

objectives, namely legality and regularity, performance of its operations, prevention

of fraud, safeguarding of assets and true and fair reporting. The risk of errors related,

at agency level, to the implementation of EU contributions is expected to be well

under the 2% materiality threshold. The additional resources put at the disposal of

ERA and EASA will therefore be covered by the agencies’ internal control and risk

management system that is aligned with the relevant international standards and

includes specific controls to prevent conflict of interests and ensure the protection of

whistle-blowers.

At Commission level, DG MOVE will apply the controls related to its supervision of

ERA and EASA as decentralised agencies. Contributions made to EU Agencies are

considered as free from risk of error at payment and closure. No additional specific

risks are identified in relation with the implementation of the additional budget to be

provided to ERA and EASA.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure)

ERA and EASA have full responsibility over the implementation of their budget,

while DG MOVE is responsible for the regular payment of the contributions

established by the Budgetary Authority during MFF 2021-2027 and of the increased

subsidy established by the Budgetary Authority starting with MFF 2028-2034. The

additional tasks resulting from the proposed Regulation are not expected to generate

significant additional controls. Therefore, the cost of control (measured against the

value of funds managed) for DG MOVE is expected to remain stable.

On the basis of experience with comparable instruments, the residual risk of error at

payment is expected to remain low (<2 %). Overall, the control framework is

considered proportionate to the scale and risk profile of the expenditure foreseen

under the initiative.

EN 16 EN

2.3. Measures to prevent fraud and irregularities

In addition to the controls stemming from the control strategy listed above, the action

is subject to scrutiny of the Internal Audit Service, in its capacity of internal auditor

of the Commission and of the decentralised agencies, and of the European Court of

Auditors, in its capacity of external auditor of the EU Institutions.

The European Anti-Fraud Office (OLAF) is competent to carry out investigations on

operations supported under this initiative. Actions resulting from this Regulation,

shall provide for supervision and financial control by the Commission, or any

representative authorised by it, and audits by the European Court of Auditors, the

European Public Prosecutor’s Office (EPPO) or OLAF, if necessary on-the spot.

The contribution agreements between the Commission and the ERA and EASA will

include specific provisions to ensure that auditors and, if necessary, investigative

authorities (EPPO, OLAF) have unrestrained access to the necessary information.

They will also include the necessary provisions to ensure that the Commission is

timely informed of any issue that may impair the implementation of the actions.

The Commission maintains robust antifraud strategy, DG MOVE complements this

by local antifraud strategies that cover the activities falling under their respective

remit.

ERA and EASA, autonomous EU Bodies, have the responsibility to maintain an

Antifraud Strategy and to ensure the protection of the EU Interests.

EN 17 EN

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget

line(s) affected

• Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of

multiannual

financial

framework

Budget line Type of

expenditure Contribution

Number

Diff./Non-

diff.

from

EFTA

countries

from

candidate

countries

and

potential

candidates

From

other

third

countries

other assigned

revenue

1

02.10.03 – European Union Agency for

Railways (ERA)

Diff. YES NO NO NO

1

02.10.1 – European Union Aviation Safety

Agency (EASA)

Diff. YES NO NO NO

1 02.03.01 – Connecting Europe Facility -

Transport Diff. NO NO NO NO

5

13.08.01 – European Defence Industry

Programme (EDIP)

Diff YES NO NO NO

EN 18 EN

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

–  The proposal/initiative does not require the use of operational appropriations

–  The proposal/initiative requires the use of operational appropriations, as explained below

Amounts post-2027 are indicative and do not prejudge the outcome of the ongoing negotiations on the next MFF.

3.2.1.1. Appropriations from voted budget

EUR million (to three decimal places)

Heading of multiannual financial framework 1 Single Market, Innovation and digital

DG Year Year Year Year TOTAL MFF

2021-2027 2024 2025 2026 2027

Operational appropriations

Budget line Commitments (1a) 0 0 0

Payments (2a) 0 0 0

Budget line Commitments (1b)

Payments (2b)

Appropriations of an administrative nature financed from the envelope of specific programmes

Budget line (3)

TOTAL appropriations Commitments =1a+1b+3

Payments =2a+2b+3

EUR million (to three decimal places)

EN 19 EN

European Union Agency for Railways (ERA) Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

TOTAL MFF

2028-2034

Budget line: 02 10 03 – European Union Agency for Railways

(ERA) / EU Budget contribution to the agency 2.064 2.064 11.124

The appropriations / EU budget contribution to the agency will be compensated by a reduction of the envelope of the following

programme CEF-Transport / budget line: 02.0301 / in the year(s): 2027. Without prejudice to the negotiations on the next MFF, the

appropriations allocated to the agency from 2028 onwards will be compensated by a reduction of the envelope of one of the

programmes related to this initiative under the same MFF heading as the subsidy of the agency.

European Union Aviation Safety Agency (EASA) Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

TOTAL MFF

2028-2034

Budget line: 02 10 01 – European Union Aviation Safety Agency /

EU Budget contribution to the agency 0. 498 0. 498 3.771

The appropriations / EU budget contribution to the agency will be compensated by a reduction of the envelope of the following

programme CEF-Transport / budget line: 02.0301 / in the year(s) : 2027. Without prejudice to the negotiations on the next MFF, the

appropriations allocated to the agency from 2028 onwards will be compensated by a reduction of the envelope of one of the

programmes related to this initiative under the same MFF heading as the subsidy of the agency.

Year Year Year TOTAL MFF

2021-2027

TOTAL MFF

2028-2034 2025 2026 2027

TOTAL operational appropriations

Commitments (4) 0.000 0.000 2.562 2.562 14.894

Payments (5) 0.000 0.000 2.562 2.562 14.894

EN 20 EN

TOTAL appropriations of an administrative nature

financed from the envelope for specific programmes (6) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations under

HEADING 1 Commitments =4+6 0.000 0.000 2.562 2.562 14.894

of the multiannual financial

framework Payments =5+6 0.000 0.000 2.562 2.562 14.894

EUR million (to three decimal places)

Heading of multiannual financial framework 5 Security and Defence

DG DEFIS Year Year Year Year TOTAL MFF

2021-2027 2024 2025 2026 2027

Operational appropriations

Budget line 13.08.01 EDIP Commitments (1a) 0 2.500 2.500

Payments (2a) 0 2.500 2.500

Budget line Commitments (1b)

Payments (2b)

Appropriations of an administrative nature financed from the envelope of specific programmes

Budget line (3)

TOTAL appropriations

for DG

Commitments =1a+1b+3 2.500 2.500

Payments =2a+2b+3 2.500 2.500

The appropriations of EDIP will be used to finance the IT tool to manage the future Solidarity Pool.

EN 21 EN

Year Year Year TOTAL

MFF 2021-

2027

TOTAL

MFF 2028-

2034 2025 2026 2027

• TOTAL operational appropriations (all

operational headings)

Commitments (4) 0.000 0.000 5.062 5.062 14.894

Payments (5) 0.000 0.000 5.062 5.062 14.894

• TOTAL appropriations of an administrative nature

financed from the envelope for specific programmes (all

operational headings)

(6) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations under

Headings 1 to 6 Commitments =4+6 0.000 0.000 5.062 5.062 14.894

of the multiannual financial framework

(Reference amount) Payments =5+6 0.000 0.000 5.062 5.062 14.894

Heading of multiannual financial framework 7 ‘Administrative expenditure’

DG: DEFIS Year Year Year Year

TOTAL

MFF

2021-

2027

TOTAL

MFF

2024 2025 2026 2027 2028-

2034

 Human resources 0.000 0.000 0.000 0.376 0.376 2.632

 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000

TOTAL DG DEFIS Appropriations 0.000 0.000 0.000 0.376 0.376 2.632

DG ECHO Year Year Year Year

TOTAL

MFF

2021-

2027

TOTAL

MFF

2024 2025 2026 2027 2028-

2034

 Human resources 0.000 0.000 1.504 1.504 3.008 39.480

 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000

TOTAL DG ECHO Appropriations 0.000 0.000 1.504 1.504 3.008 39.480

EN 22 EN

DG TAXUD Year Year Year Year TOTAL

MFF

2021-2027

TOTAL MFF

2028-2034 2024 2025 2026 2027

 Human resources 0.000 0.000 0.000 0.101 0.101 0.303

 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.00

TOTAL DG TAXUD Appropriations 0.000 0.000 0.000 0.101 0.101 0.303

EUR million (to three decimal places)

DG MOVE Year Year Year Year TOTAL

MFF

2021-2027

TOTAL

MFF

2028-2034 2024 2025 2026 2027

 Human resources 0.000 0.000 0.000 0.940 0.940 6.580

 Other administrative expenditure 0.000 0.000 0.000 0.030 0.030 0.210

TOTAL DG MOVE Appropriations 0.000 0.000 0.000 0.970 0.970 6.790

TOTAL appropriations under HEADING 7 of the multiannual

financial framework

(Total

commitments

= Total

payments)

0.000 0.000 1.504 2.951 4.455

49.205

EUR million (to three decimal places)

Year Year Year Year TOTAL

MFF 2021-

2027

TOTAL

MFF 2028-

2034 2024 2025 2026 2027

TOTAL appropriations under HEADINGS 1 to 7 Commitments 0.000 0.000 1.504 8.013 9.517 64.099

of the multiannual financial framework Payments 0.000 0.000 1.504 8.013 9.517 64.099

EN 23 EN

3.2.2. Estimated output funded from operational appropriations

Commitment appropriations in EUR million (to three decimal places)

Indicate

objectives and

outputs



Year 2024

Year 2025

Year 2026

Year 2027

Enter as many years as necessary to show the

duration of the impact (see Section 1.6) TOTAL

OUTPUTS

Type9

Avera

ge

cost

N o

Cost N o

Cost N o

Cost N o

Cost N o

Cost N o

Cost N o

Cost Total

No

Total

cost

SPECIFIC OBJECTIVE No 110…

- Output

- Output

- Output

Subtotal for specific objective No 1

SPECIFIC OBJECTIVE No 2 ...

- Output

Subtotal for specific objective No 2

TOTALS

9 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 10 As described in Section 1.3.2. ‘Specific objective(s)’

EN 24 EN

3.2.3. Summary of estimated impact on administrative appropriations

–  The proposal/initiative does not require the use of appropriations of an

administrative nature

–  The proposal/initiative requires the use of appropriations of an administrative

nature, as explained below

3.2.3.1. Appropriations from voted budget

VOTED APPROPRIATIONS Year Year Year Year TOTAL

2021 - 2027 TOTAL 2028-2034

2024 2025 2026 2027

HEADING 7

Human resources 0.000 0.000 1.504 2.921 4.425 48.995

Other administrative expenditure 0.000 0.000 0.000 0.030 0.030 0.210

Subtotal HEADING 7 0.000 0.000 1.504 2.951 4.455 49.205

Outside HEADING 7

Human resources 0.000 0.000 0.000 0.000 0.000

Other expenditure of an

administrative nature 0.000 0.000 0.000 0.000 0.000

Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000

TOTAL 0.000 0.000 1.504 2.951 4.455 49.205

3.2.3.3. Total appropriations

TOTAL

VOTED APPROPRIATIONS

+

EXTERNAL ASSIGNED REVENUES

Year Year Year Year TOTAL

2021 - 2027

TOTAL

2028-2034 2024 2025 2026 2027

HEADING 7

Human resources 0.000 0.000 1.504 2.921 4.425 48.995

Other administrative expenditure 0.000 0.000 0.000 0.030 0.030 0.210

Subtotal HEADING 7 0.000 0.000 1.504 2.951 4.455 49.205

Outside HEADING 7

Human resources 0.000 0.000 0.000 0.000 0.000

Other expenditure of an administrative nature 0.000 0.000 0.000 0.000 0.000

Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000

TOTAL 0.000 0.000 1.504 2.951 4.455 49.205

The appropriations required for human resources and other expenditure of an administrative

nature will be met by appropriations from the DG that are already assigned to management of

the action and/or have been redeployed within the DG, together, if necessary, with any

additional allocation which may be granted to the managing DG under the annual allocation

procedure and in the light of budgetary constraints.

EN 25 EN

3.2.4. Estimated requirements of human resources

– The proposal/initiative does not require the use of human resources

–  The proposal/initiative requires the use of human resources, as explained

below

3.2.4.1. Financed from voted budget

Estimate to be expressed in full-time equivalent units (FTEs)

VOTED APPROPRIATIONS Year Year Year Year

2024 2025 2026 2027

 Establishment plan posts (officials and temporary staff)

20 01 02 01 (Headquarters and Commission’s Representation Offices) 0 0 8 15

20 01 02 03 (EU Delegations) 0 0 0 0

01 01 01 01 (Indirect research) 0 0 0 0

01 01 01 11 (Direct research) 0 0 0 0

Other budget lines (specify) 0 0 0 0

• External staff (in FTEs)

20 02 01 (AC, END from the ‘global envelope’) 0 0 0 1

20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0

Admin. Support

line

[XX.01.YY.YY]

- at Headquarters 0 0 0 0

- in EU Delegations 0 0 0 0

01 01 01 02 (AC, END - Indirect research) 0 0 0 0

01 01 01 12 (AC, END - Direct research) 0 0 0 0

Other budget lines (specify) - Heading 7 0 0 0 0

Other budget lines (specify) - Outside Heading 7 0 0 0 0

TOTAL 0 0 8 16

The staff required to implement the proposal (in FTEs):

2026 Current staff

available in the

Commission

services

Additional staff*

To be financed under Heading 7 /

Research

To be

financed

from

BA line

To be

financed

from

fees

Establishment

plan posts

8

External staff

(CA, SNEs, INT)

EN 26 EN

2027 Current staff

available in the

Commission

services

Additional staff*

To be financed

under Heading

7 / Research

To be financed

from BA line

To be financed

from fees

Establishment plan

posts

15

External staff (CA,

SNEs, INT)

1

2028-2034 Current staff

available in the

Commission

services

Additional staff*

To be financed

under Heading

7 / Research

To be financed

from BA line

To be financed

from fees

Establishment plan

posts

37

External staff (CA,

SNEs, INT)

1

The human resources required will be met by staff from the DG who are already assigned to management

of the action and/or have been redeployed within the DG. together if necessary with any additional

allocation which may be granted to the managing DG under the annual allocation procedure and in the light

of budgetary constraints. Figures post-2027 are indicative and do not prejudge the outcome of the ongoing

negotiations on the next MFF.

Description of tasks to be carried out by:

Officials and

temporary staff

In 2026 :

8 FTEs for DG ECHO: 4 FTEs (IT staff AD) to oversee building of the secure module of the IT tool to

manage future Solidarity Pool + 4 FTEs (AD staff) to strengthen the Emergency Response Coordination

Centre to prepare for new functionalities

In 2027:

2 FTEs (AD) for DEFIS to ensure secretariat of the Military Mobility Transport Group and oversee set

up and steering the Solidarity Pool

8 FTEs for DG ECHO: 4 FTEs (IT staff AD) to oversee building of the secure module of the IT tool to

manage future Solidarity Pool + 4 FTEs (AD staff) to strengthen the Emergency Response Coordination

Centre to prepare for new functionalities.

5 FTEs (AD) for DG MOVE to meet the Commission’s new responsibilities on the coordination of the

four military mobility corridors and implementation “hotspot” projects (as described in section 1.5.1), to

EN 27 EN

define basic and enhanced protection and resilience measures for strategic dual-use infrastructure and

assess Member States’ submitted lists of such infrastructure and to support the revision of the EU

military requirements for infrastructure.

In 2028-2034:

2 FTEs (AD) for DEFIS to ensure secretariat of the Military Mobility Transport Group and oversee set

up and steering the Solidarity Pool

30 FTEs for DG ECHO for operational and administrative management of the Solidarity Pool. These

figures originate from DG ECHO to manage the Military Mobility Solidarity Pool.

The 5 FTEs (AD) requested for DG MOVE for 2027 would continue on the next MFF to regularly

assess Member States’ submitted lists of strategic dual-use infrastructure and where relevant update the

basic and enhanced protection and resilience measures needed for this exercise, ensure the

Commission’s additional coordination responsibilities under the Regulation related to the military

mobility corridors and identification of “hotspot” projects to support Member States with their new

obligations.

External staff 1 FTE (CA FGIV) for DG TAXUD for 2027 and until 2030 for the digitalisation of the EU Form 302,

which includes the analytical and preparatory work to set up the customs framework and define specific

requirements, as well as oversight of the correct implementation of customs dimension in the future IT

tool.

3.2.5. Overview of estimated impact on digital technology-related investments

TOTAL Digital and IT appropriations

Year Year Year Year TOTAL

MFF

2021 -

2027 2024 2025 2026 2027

HEADING 7

IT expenditure (corporate) 0.000 0.000 0.000 0.000 0.000

Subtotal HEADING 7 0.000 0.000 0.000 0.000 0.000

Outside HEADING 7

Policy IT expenditure on operational programmes

0.000 0.000 0.000 2.500 2.500

Subtotal outside HEADING 7 0.000 0.000 0.000 2.500 2.500

TOTAL 0.000 0.000 0.000 2.500 2.500

3.2.6. Compatibility with the current multiannual financial framework

The proposal/initiative:

–  can be fully financed through redeployment within the relevant heading of the

multiannual financial framework (MFF)

Current programmes budget will be used to finance the operational costs impact

–  requires use of the unallocated margin under the relevant heading of the MFF

and/or use of the special instruments as defined in the MFF Regulation

–  requires a revision of the MFF

3.2.7. Third-party contributions

The proposal/initiative:

–  does not provide for co-financing by third parties

–  provides for the co-financing by third parties estimated below:

EN 28 EN

Appropriations in EUR million (to three decimal places)

Year 2024 Year 2025 Year 2026 Year 2027 Total

Specify the co-financing body

TOTAL appropriations co-

financed

3.2.8. Estimated human resources and the use of appropriations required in a

decentralised agency

Staff requirements (fulll-time equivalent units)

Agency: European Union Agency for

Railways (ERA) Year 2025 Year 2026 Year 2027

MFF 2028-

2034

Temporary agents (AD Grades) 911 9

Temporary agents (AST grades)

Temporary agents (AD+AST) subtotal 0 9 9

Contract agents 312 3

Seconded national experts

Contract agents and seconded national

experts subtotal 0 0 3 3

TOTAL staff 0 0 12 12

In the context of its core task in the technical harmonisation of the EU rail system, and from the angle

of the dual-use of infrastructure, ERA has undertaken preliminary tasks in the field of military

mobility. To do this, ERA has internally redeployed FTEs to the support of other organisations and EU

agencies (such as NATO and the EDA), and to provide pre-support to suppliers on the production of

military escort coaches. In addition, the number of applications for vehicle authorisation has reached

unprecedent heights and ERA's workload has increase exponentially making the Agency unable to

redeploy further FTEs for the tasks allocated under this proposal.

The additional tasks allocated to the Agency under this proposal include, but are not limited to,

identifying military needs and translating them into technical specifications for TSIs, harmonizing

national requirements to expedite permissions for transporting oversized military goods, and extending

vehicle authorizations for military use beyond commercial areas, with funding varied between

subsidies and fees. Additionally, there's a requirement to establish a rolling stock registry akin to

Member States to enhance vehicle authorization efficiency, necessitating both technical and legal

expertise. Another task is the harmonization of control, command, and signalling standards, along with

existing military standards, which is essential to ensure resilient and consistent operations, funded

through subsidies.

11 3 temporary agents (AD grades) from 2027 onwards are financed by appropriations covered by fees. 12 3 contract agents (FGIV) from 2027 onwards are financed by appropriations covered by fees.

EN 29 EN

ERA will need 6 FTEs (TA AD grades) funded by subsidy and 6 FTEs (3 CA FG IV and 3 TA AD

grades) funded by F&C to perform the additional tasks allocated to it.

Agency: European Union Aviation

Safety Agency (EASA) Year 2025 Year 2026 Year 2027

MFF 2028-

2034

Temporary agents (AD Grades) 413 4

Temporary agents (AST grades)

Temporary agents (AD+AST) subtotal 0 0 4 4

Contract agents 214 2

Seconded national experts

Contract agents and seconded national

experts subtotal 0 0 2 2

TOTAL staff 0 0 6 6

The tasks and objectives listed under §1.3.3 are currently not part of EASA’s mandate, which focuses

on the civil domain. Delivering on these objectives requires additional resources, estimated at 6 FTEs.

Some of the corresponding activities will be funded through fees and charges (3 FTEs in total). Other

objectives and tasks are of pure regulatory nature. They aim at establishing and maintaining over time

new rules to complement the current EU regulatory framework and enable harmonised, seamless and

safe dual air operations. They cannot be funded through fees and charges and therefore require

additional subsidy funding (3 FTEs).

These needs cannot be met by internal redeployment due to unavailability of resources with specific

expertise and the need . Internal redeployment and the risk of EASA lacks specific expertise on full

allocation of existing resources the proposed activities, which makes internal redeployment of

resources not possible, without endangering the ongoing activities mandated to EASA by the Basic

Regulation.

DG DEFIS Year 2025 Year 2026 Year 2027 MFF 2028-

2034

Temporary agents (AD Grades) 2 14 (2 FTEs x 7

years)

Temporary agents (AST grades)

Temporary agents (AD+AST) subtotal 0 0 2 14 (2 FTEs x 7

years)

13 2 temporary agents (AD grades) from 2027 onwards are financed by appropriations covered by fees. 14 1 contract agents (FGIV) from 2027 onwards are financed by appropriations covered by fees.

EN 30 EN

Contract agents

Seconded national experts

Contract agents and seconded national

experts subtotal 0 0 0 0

TOTAL staff 0 0 2 14 (2 FTEs x 7

years)

DG MOVE Year 2025 Year 2026 Year 2027 TOTAL MFF

2028-2034

Temporary agents (AD Grades) 5 5 (annually)

Temporary agents (AST grades)

Temporary agents (AD+AST) subtotal 0 0 5 5 (annually)

Contract agents

Seconded national experts

Contract agents and seconded national

experts subtotal 0 0 0 0

TOTAL staff 0 0 5 5 (annually)

DG ECHO Year 2025 Year 2026 Year 2027 MFF 2028-

2034

Temporary agents (AD Grades) 8 8 210 (30 FTEs

x 7 years)

Temporary agents (AST grades)

Temporary agents (AD+AST) subtotal 0 8 8 210 (30 FTEs

x 7 years)

Contract agents

Seconded national experts

Contract agents and seconded national

experts subtotal 0 0 0 0

TOTAL staff 0 8 8 210 (30 FTEs

x 7 years)

Appropriations covered by the EU budget contribution in EUR million (to three decimal places)

EN 31 EN

Agency: ERA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL 2028-

203415

Title 1: Staff expenditure 1.314 1.314 9.964

Title 2: Infrastructure and operating

expenditure 0.000 0.000

Title 3: Operational expenditure 0.750 0.750 1.160

TOTAL of appropriations covered by the

EU budget 0.000 0.000 2.064 2.064 11.124

Agency: EASA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL 2028-

203416

Title 1: Staff expenditure 0.498 0.498 3.771

Title 2: Infrastructure and operating

expenditure 0.000

Title 3: Operational expenditure 0.000

TOTAL of appropriations covered by the

EU budget 0.000 0.000 0.498 0.498 3.771

Appropriations covered by fees, if applicable, in EUR million (to three decimal places)

Agency: ERA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL 2028-

203417

Title 1: Staff expenditure 1.010 1.010 7.658

Title 2: Infrastructure and operating

expenditure 0.000

Title 3: Operational expenditure 0.000

TOTAL of appropriations covered by fees 0.000 0.000 1.010 1.010 7.658

15 Figures under this column take into account total salary expenditure covered by the EU budget

contribution for MFF 2028-2034 and EUR 150 000 annually for IT maintenance, without prejudice to the

negotiations of MFF 2028-2034. 16 Figures under this column take into account total salary expenditure covered by the EU budget

contribution for MFF 2028-2034, without prejudice to the negotiations of MFF 2028-2034. 17 Figures under this column take into account total salary expenditure covered by fees for MFF 2028-

2034, without prejudice to the negotiations of MFF 2028-2034.

EN 32 EN

Agency: EASA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL 2028-

203418

Title 1: Staff expenditure 0.498 0.498 3.771

Title 2: Infrastructure and operating

expenditure 0.000

Title 3: Operational expenditure 0.000

TOTAL of appropriations covered by fees 0.000 0.000 0.498 0.498 3.771

Overview/summary of human resources and appropriations (in EUR million) required by the

proposal/initiative in a decentralised agency

Agency: ERA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL MFF

2028-2034

Temporary agents (AD+AST) 0 0 9 9 9

Contract agents 0 0 3 3 3

Seconded national experts 0 0 0 0 0

Total staff 0 0 12 12 12

Appropriations covered by the EU budget 0.000 0.000 2.064 2.064 11.124

Appropriations covered by fees

(if applicable) 0.000 0.000 1.010 1.010 7.658

Appropriations co-financed

(if applicable) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations 0.000 0.000 3.074 3.074 18.782

Agency: EASA Year 2025 Year 2026 Year 2027 TOTAL 2021

- 2027

TOTAL MFF

2028-2034

Temporary agents (AD+AST) 0 0 4 4 4

18 Figures under this column take into account total salary expenditure covered by fees for MFF 2028-

2034, without prejudice to the negotiations of MFF 2028-2034.

EN 33 EN

Contract agents 0 0 2 2 2

Seconded national experts 0 0 0 0 0

Total staff 0 0 6 6 6

Appropriations covered by the EU budget 0.000 0.000 0.498 0.498 3.771

Appropriations covered by fees

(if applicable) 0.000 0.000 0.498 0.498 3.771

Appropriations co-financed

(if applicable) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations 0.000 0.000 0.996 0.996 7.541

3.3. Estimated impact on revenue

–  The proposal/initiative has no financial impact on revenue.

–  The proposal/initiative has the following financial impact:

–  on own resources

–  on other revenue

–  please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:

Appropriations

available for the

current financial

year

Impact of the proposal/initiative19

Year 2024 Year 2025 Year 2026 Year 2027

Article ………….

For assigned revenue, specify the budget expenditure line(s) affected.

[…]

Other remarks (e.g. method/formula used for calculating the impact on revenue or

any other information).

[…]

4. DIGITAL DIMENSIONS

The work to be carried out by ERA will lead to the modification of existing ERA IT tools and

registers and therefore has a digital dimensions. The details of this are not known at this stage.

19 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net

amounts, i.e. gross amounts after deduction of 20 % for collection costs.

EN 34 EN

4.1. Requirements of digital relevance

Article 14 of this Regulation proposal stipulates that the Commission may establish, via the

adoption of a Commission implementing act, a secure ad restricted Military Mobility Digital

Information System to be deployed by 2030. The latter will help to significantly streamline

and automatize military transport processes, in particular for the cross-border military

transport operations. For instance, this digital system would include notably the customs

aspects for EU form 302 pursuant to Regulation (EU) 202X/XXXX [customs reform]. [This

new digital solution shall be operated and maintained by the Commission] and once

operational, Member States shall make use of it for all procedures covered by this Chapter

and for customs formalities related to EU form 302 referred to in this Regulation.

Article 16 stipulates that customs authorities of the Member States and the EU Customs

Authority shall use the Military Mobility Digital Information system referred to in Article 14,

once operational, for the purpose of the exchange and storage of information related to EU

form 302, based on common data requirements defined according to Article 33 of Regulation

(EU) 202X/XXXX [customs reform]. Customs authorities of the Member States and the EU

Customs Authority shall have access to this system to perform their customs obligations in the

context of military mobility.

To facilitate interoperability and data exchange between systems, the use of standardised

formats (i.e. JSON, JSON-LD, RDF, and XML) shall be prioritised for the digitalisation of

the form. Furthermore, an effective data governance framework shall be established to ensure

data quality management and standardisation, thereby guaranteeing accuracy, reliability, and

consistency across different systems and entities.

Article 35 also entails the possibility for the Commission to set up a Solidarity Pool to

facilitate the execution of military transport operations. This solidarity pool could require the

development of a secure digital tool to manage the Solidarity Pool, building on the existing

tool used by DG ECHO under the European Response Coordination Centre.

Reference to

the requirement

Requirement

description

Actors affected

or concerned by

the requirement

High-level

Processes Categories

Article 14

Establishing

Military

Mobility Digital

Information

System data -

subject to the

adoption of the

implementing

act

The

Commission,

MS, MS

customs

authorities,

Military

authorities,

European Union

Customs

Authority

Establishing of

the digital

public service

Data

Digital solution

Digital public

service

Article 16

Digitalisation of

EU Form 302 -

subject to the

adoption of the

implementing

MS customs

authorities,

European Union

Customs

Authority.

Information

exchange and

storage

Data

Digital solution

Digital public

service

EN 35 EN

act on

establishing

Military

Mobility Digital

Information

system and

subject to the

adoption of the

Regulation (EU)

202X/XXXX

establishing the

Union Customs

Code and the

European

Union Customs

Authority, and

repealing

Regulation (EU)

No 952/2013.

and the

implementing/d

elegated act

establishing the

EU Customs

Data Model.

Article 35 Establishing a

Solidarity Pool

(voluntarily

registered

transport

capabilities of

Member States

and of Union

transport

capabilities to

facilitate the

execution of

military

transport

operations) -

subject to the

adoption of the

implementing

act

The

Commission,

MS

Establishing of

the digital

public service

Data

Digital solution

Digital public

service

EN 36 EN

4.2. Data

Any public and military authorities utilising the possible Military Mobility Digital

Information System for the collection, processing, generation, exchange, or sharing of data

related to military transport operations shall do so in strict compliance with applicable laws,

regulations, and specific rules governing the handling of sensitive and classified information.

The same would go for the collection, processing, generation, exchange, or sharing of data

related to the secure digital tool that could be created to manage the possible solidarity pool.

The digitalisation of the EU Form 302 will be in compliance with the EU Customs Data

Model established in the framework of the Customs Reform.

Type of data Reference to the

requirement(s)

Standard and/or specification

(if applicable)

Military Mobility Digital

Information System data -

subject to the adoption of the

implementing act establishing

the system

Article 14

Digitalised EU Form 302 -

subject to the adoption of the

implementing act on

establishing Military Mobility

Digital Information system and

subject to the adoption of the

Regulation (EU) 202X/XXXX

establishing the Union

Customs Code and the

European Union Customs

Authority, and repealing

Regulation (EU) No 952/2013

and the delegated and

implementing acts establishing

the EU Customs Data Model.

Article 16 Based on common data

requirements defined

according to Article 36 of

Regulation (EU) 202X/XXXX

[customs reform]

Solidarity Pool register –

subject to the adoption of the

implementing act establishing

the register

Article 35 //

4.3. Digital solutions

The technical specifications and modules of the possible Military Mobility Digital

Information System will have to be defined on the basis of the advice of the Military Mobility

Transport Group. For the customs aspects related to the digitalisation of EU Form 302, the

tool will be developed based on applicable EU customs legislation and upon the advice of EU

customs authorities and the European Union Customs Authority in cooperation with the

EN 37 EN

Alignment with the European Data Strategy

Any public authorities utilising the possible Military Mobility Digital Information System for

the collection, processing, generation, exchange, or sharing of data related to military

transport operations shall do so in strict compliance with applicable laws, regulations, and

specific rules governing the handling of sensitive and classified information. The same would

go for the collection, processing, generation, exchange, or sharing of data related to the secure

digital tool that could be created to manage the possible solidarity pool.

4.4. Interoperability assessment

4.5. Measures to support digital implementation

High-level description of digital solutions

Digital

solution

Reference(s)

to the

requirement(s

Main

mandated

functionalitie

s

Responsibl

e body

How is

accessibilit

y catered

for?

How is

reusability

considered

?

Use of AI

technologie

s (if

applicable)

Commission. Given the sensitive nature of the data processed through the possible Military

Mobility Digital Information System, this digital solution will be designed and implemented

with the utmost emphasis on cybersecurity, adhering to the most stringent and up-to-date

standards, best practices. The same approach would be applied for the secure digital tool that

could be created to manage the possible solidarity pool.

The possible Military Mobility Digital Information System may require interaction across

Member State borders, among EU entities or between EU entities and public sector bodies,

such as customs authorities. The possible Military Mobility Digital Information System may

have an effect on ‘cross-border interoperability’. The related implications will depend on the

technical specifications and modules that the possible Military Mobility Digital Information

System may entail.

Interoperability of the possible Mobility Digital Information System with other relevant tools

and bodies of the NATO framework should also be envisaged, without prejudice to the related

provisions in the EU customs legislation.

Similar approach would be applied for the secure digital tool that could be created to manage

the possible solidarity pool.

The Commission may adopt an implementing act to establish the Military Mobility Digital

Information System. On the basis of the advice of the Military Mobility Transport Group,

without prejudice to the related provisions in EU customs legislation and possible advice from

customs authorities , the Commission’s implementing act should entail specifications and

modules of this. Possible funding from the future European Competitiveness Fund, under the

next MFF 2028-2034 should support the development, deployment and operation of this

potential digital solution.

The secure digital tool that could be created to manage the possible solidarity pool, could be

supported with funding from the European Defence Industry Programme.

EN 38 EN

)

Military

Mobility

Digital

Information

System -

subject to

the adoption

of the

implementin

g act

establishing

the system

Article 14 Subject to the

implementing

act

establishing

Military

Mobility

Digital

Information

System

MS to use it

for all

procedures

related to the

uniform

framework for

military

mobility

under Chapter

I

exchange and

storage of

information

related to EU

form 302

The

Commissio

n

// // //

Solidarity

Pool register

and secure

managing

tool– subject

to the

adoption of

the

implementin

g act

establishing

the register

Article 35 Subject to the

implementing

act stablishing

the register

register

transport

capabilities of

MS and of the

Union

24/7

operational

capacity

The

Commissio

n

// // //

For each digital solution, explanation of how the digital solution complies with applicable

digital policies and legislative enactments

Digital solution #1

Digital and/or

sectorial policy

Explanation on how it aligns

EN 39 EN

(when these are

applicable)

AI Act //

EU Cybersecurity

framework

Any public authorities utilising the possible Mobility Digital

Information System for the collection, processing, generation,

exchange, or sharing of data related to military transport operations

shall do so in strict compliance with applicable laws, regulations, and

specific rules governing the handling of sensitive and classified

information.

eIDAS //

Single Digital

Gateway and IMI

//

Others //

Digital solution #2

Digital and/or sectorial

policy (when these are

applicable)

Explanation on how it aligns

AI Act //

EU Cybersecurity

framework

The collection, processing, generation, exchange, or sharing of data

related to the Solidarity Pool shall be done in strict compliance with

applicable laws, regulations, and specific rules governing the

handling of sensitive and classified information.

eIDAS //

Single Digital Gateway

and IMI

//

Others //

4.4. Interoperability assessment

High-level description of the digital public service(s) affected by the requirements

Digital public

service or category

of digital public

services

Description Reference(s) to the

requirement(s)

Interoperable

Europe Solution(s)

(NOT

APPLICABLE)

Other

interoperability

solution(s)

Digital public // // // //

EN 40 EN

service #1

Category of digital

public services

according to

COFOG #1

// // // //

Impact of the requirement(s) as per digital public service on cross-border interoperability

Digital public service #1

Assessment Measure(s) Potential remaining

barriers (if applicable)

Alignment with existing digital and sectorial

policies

Please list the applicable digital and sectorial

policies identified

// //

Organisational measures for a smooth cross-

border digital public services delivery

Please list the governance measures foreseen

// //

Measures taken to ensure a shared

understanding of the data

Please list such measures

// //

Use of commonly agreed open technical

specifications and standards

Please list such measures

// //

4.5. Measures to support digital implementation

High-level description of measures supporting digital implementation

Description of the measure Reference(s) to

the

requirement(s)

Commission

role

(if

applicable)

Actors to

be

involved

(if

applicable)

Expected

timeline

(if

applicable)

Implementing act to establishing a

secure and restricted Military Mobility

Digital Information System

The technical specifications and

modules of the possible Mobility

Article 14 May adopt

the act

// //

EN 41 EN

Digital Information System will have

to be defined on the basis of the advice

of the Military Mobility Transport

Group.

Given the sensitive nature of the data

processed through the possible

Mobility Digital Information System,

this digital solution will be designed

and implemented with the utmost

emphasis on cybersecurity, adhering to

the most stringent and up-to-date

standards, best practices.

Interoperability. The possible Mobility

Digital Information System may

require interaction across Member

State borders, among EU entities or

between EU entities and public sector

bodies, such as customs authorities.

The possible Mobility Digital

Information System may have an

effect on ‘cross-border

interoperability’. The related

implications will depend on the

technical specifications and modules

that the possible Mobility Digital

Information System may entail.

On the basis of the advice of the

Military Mobility Transport Group,

the Commission’s implementing act

should entail the different technical

specifications and modules. Possible

funding from the future European

Competitiveness Fund, under the next

MFF 2028-2034 should support the

development, deployment and

operation of this potential digital

solution.

Implementing act, in accordance with

the examination procedure referred to

in Article 45(3), establishing a

Solidarity Pool to facilitate the

execution of military transport

operations.

Given the sensitive nature of the data

the this digital solution will be

designed and implemented with the

utmost emphasis on cybersecurity,

adhering to the most stringent and up-

38(1) May adopt

the act

// //

EN 42 EN

to-date standards, best practices.

Interoperability of the register/secure

tool with other relevant tools and

bodies of the NATO framework

should also be envisaged and ensured.

The secure digital tool that could be

created to manage the possible

solidarity pool, could be supported

with funding from the European

Defence Industry Programme.

Guidelines defining the types and

specifying the number of key transport

capabilities required for the Solidarity

Pool

Article 35(2) May adopt

guidelines

// //

EN EN

EUROPEAN COMMISSION

Brussels, 19.11.2025

COM(2025) 847 final

ANNEXES 1 to 2

ANNEXES

to the

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

{SWD(2025) 847 final}

EN 1 EN

Annex I

List of types of military transport operations covered by standing military transport

permissions

1. Military transport operations by road, rail or inland waterways which have the

following characteristics:

(a) they consist of up to 10 vehicles, 10 inland waterway vessels or one train

(b) they include personnel carrying governmental provided individual armament,

as well as required ammunition for such armaments;

(c) they cover transport of dangerous goods in accordance with Article 12;

(d) they cover road transport of abnormal cargo in accordance with Article 13;

(e) they include Host-Nation-Support;

(f) they include personnel tasked with security mission;

(g) they include transport of non-nominative allocated armament that is not

assigned to personnel;

(h) they include transport of weapon systems.

2. Military transport operations by sea which cover:

(a) military transport to/through the territorial sea using navigational sensors only

without the launch of subunits, including navigational training;

(b) exercises or operational missions when pre-approved by the receiving Member

State;

(c) military transport of dangerous goods in accordance with Article 12.

3. Military transport operations by air which cover:

(a) military transport of unarmed, manned platform (for example transport, air-to-

air refuelling, training range activity, and aerial combat training), under the

following conditions:

(i) captive and training ammunition may be installed on the platform, if no

propulsion and/or warhead is installed (e.g. captive air-to-air training

missile);

(ii) chaff/flare-cartridges may be installed on the platform (usage is subject

to regulations of affected state);

(b) military transport of dangerous goods in accordance with Article 12.

EN 2 EN

Annex II

Form A: Form to request/grant a standing military transport permission

Standing Diplomatic Clearance

requested by (Member State)

Requesting authority

National Coordinator of requesting

Member State:

Name

Phone

Mobile

E-mail

Mode of transport (Road / Rail / Inland

Waterways/ Air / Sea / several modes –

please specify):

General remarks

A. Size limitations

Maximum amount of vehicles allowed for

any individual military transport operation

by road under this standing permission

Vehicles:

Maximum amount of trains allowed for any

individual military transport operation

under this standing permission

Trains:

Maximum amount of inland waterways

vessels allowed for any individual military

transport operation by inland waterways or

sea under this standing permission

Vessels:

Maximum amount of seagoing ships

allowed for any individual military

transport operation by inland waterways or

sea under this standing permission

Ships:

Maximum amount of aircraft allowed for

any individual military transport operation

by inland waterways or sea under this

standing permission

Aircraft:

B. Specific rules for military transport operations by Sea

Situation YES /

NO

Remarks

Sea military transport operation conducted

by government ships of the requesting

Member State

EN 3 EN

Sea military transport operation conducted

by civil registered ships when used

exclusively for military purposes for the

requesting Member State

Sea military transport operation conducted

by ships exclusively crewed by:

• nationals from flagstate of the ships

• nationals of the requesting Member

State

• EU nationals

Sea military transport operations including

nuclear powered vessels

Sea military transport operations conducted

with unmanned vessels

Receiving Member State Approval

Approval status

References / Sub-approvals

National Coordinator of Receiving

Member State

Name

Phone

Mobile

E-mail

Remarks

Form B - Form to notify a military transport permission under a standing military

transport permission or to request/grant/modify an ad hoc military transport permission

Requesting Member State

Requesting authority

National Coordinator of

Requesting Member State

Name

Phone

Mobile

E-mail

EN 4 EN

Operator of Transport (armed

forces / civil contractor on

behalf of armed forces –

specify company name if

applicable)

Receiving Member State(s)

(in order of route sequence

from point of departure to

destination)

Type of request

□ Notification (add ref. of standing permission)

□ Ad hoc movement request

□ Modification request

Mode of transport (multiple

possible)

□ Road

□ Rail

□ Inland Waterways

□ Air

□ Sea

General remarks

GENERAL INFORMATION

Movement Identification

Number (MIN)

Callsign(s)

ROUTE INFORMATION (for each receiving Member State)

Transited receiving Member

State (1)

Point of Departure and

Final destination

Planned Date and Time of

Entry

Point of Entry

Planned Date and Time of

Exit

Point of Exit

Route description

Transited receiving Member

State (2)

Point of Departure and

Final destination

Planned Date and Time of

Entry

Point of Entry

Planned Date and Time of

EN 5 EN

Exit

Point of Exit

Route description

PERSONNEL AND MILITARY TRANSPORT OPERATION INFORMATION

Total number of Personnel

Deployed unit/convoy/fleet

contact information (name,

mobile phone)

Escort requested

Host-Nation-Support

requested (please specify)

Traffic Arrangements

Requested (including safety

measures) (Yes/No – please

specify)

FOR ROAD TRANSPORT

Total number of vehicles

Largest dimensions of

biggest vehicle in convoy

(weight (kg), width (cm),

height (cm), length (cm))

FOR RAIL TRANSPORT

[Total train length]

FOR INLAND WATERWAYS TRANSPORT

Total number of vessels

FOR MARITIME TRANSPORT

Number of ships (including name and pennant number)

Type of ship

Draught/displacement

Length/breadth in meters and

propulsion

Subunits

Frequencies

Commanding Officer (rank,

name, seniority)

Senior Officer embarked

(rank, name)

ISTAR and EW equipment

(type, intent to use, location

and timeframe of use)

EN 6 EN

FOR AIR TRANSPORT

Number and type of aircraft

Armament (type, number,

total mass)

ISTAR and EW equipment

(type, intent to use, location

and timeframe of use)

VIP (title/rank, name)

DANGEROUS GOODS LIST (IF APPLICABLE)

Compliant with

□ ADR

□ AND

□ RID

□ IMDG Code

□ ICAO-TI / IATA DGR

□ NATO AMovP-6 SRDs 2, 3, 5 (including applicable

National Deviations)

□ National legislation of [requesting Member State]

Total net quantity of Class 1

(if applicable)

Combat loaded tactical

vehicles (if yes, number and

brief description)

Explosives (Class1) other

than 1.4S, which needs

security measures e.g. during

a rest overnight (provided by

the receiving Member State)

Specifying for every category of items

Category of items

UN Number

Proper shipping name

Class or classification

code (as appropriate)

Packing Group (if

applicable)

Total quantity (volume,

gross mass or net mass

EN 7 EN

(kg), as appropriate)

Quantity and type of

packages (if applicable)

Net quantity per package

NEQ (Class 1) (per

package (kg)

Total NEQ (Class 1)

(kg)

Packing instructions

Tunnel restriction code

(for road transport)

Remarks

ABNORMAL CARGO (IF APPLICABLE)

FOR ROAD AND RAIL TRANSPORT

For each vehicle/transport unit transporting abnormal cargo

Vehicle Class/Type

Registration Number(s)

Description (including

name and type of load)

Vehicle Dimensions

(length (cm), width

(cm), height (cm),

overlap (cm), weight

(kg)): unloaded

Load Weight and

Dimensions (t; cm)

Vehicle Dimensions

(length (cm), width

(cm), height (cm),

overlap (cm), weight

(kg)): loaded

Axle Load (t per axle)

Axle Spacing (cm)

Turning Radius (cm)

Critical infrastructure assessment

EN 8 EN

Bridges (yes/no –

specify)

Tunnels (yes/no –

specify)

Overhead lines (yes/no

– specify)

Other obstacles (yes/no

– specify)

Engineering support

required (yes/no – specify)

FOR RAIL TRANSPORT ONLY

Date of ad hoc request

pursuant to Article 48 of

Directive (EU) 2012/34/EU

Reference number of ad hoc

train path request

Information to be provided

by the infrastructure

manger(s) pursuant to

Article 23 of Directive (EU)

2016/797 (Yes/No)

Tests on the technical

compatibility of the vehicle

with the network as referred

to in Article 23 of Directive

(EU) 2016/797 (Yes/No)

Are all vehicles in this

transport authorised for the

full area of use?

Receiving Member State Approval

Approval status

References / Sub-approvals

National Coordinator of

Receiving Member State

Name

Phone

Mobile

E-mail

EN 9 EN

Remarks