Sittings · Document
amendment list 2026-09-11
Amendment 001-063 - Lucia Yar, Henrik Dahl - Report A10-0271/2025 - Acceleration of permit-granting for defence readiness projects (Omnibus V)
10.9.2026 A10-0271/ 001-063
AMENDMENTS 001-063
by the Committee on Security and Defence, Committee on the Internal Market and Consumer Protection
Report
Lucia Yar, Henrik Dahl A10-0271/2025
Acceleration of permit-granting for defence readiness projects (Omnibus V)
Proposal for a regulation (COM(2025)0821 – C10-0122/2025 – 2025/0172(COD))
_____________________________________________________________
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) The Union is facing an acute and growing threat, as underscored in the Joint White Paper on European Defence Readiness 20302 , linked to the return of full-scale conflict in Europe. In response to this escalating challenge, it is imperative that the Union takes decisive action to bolster its defence readiness. There is urgency to ramp up European defence readiness to ensure that Europe has a strong and sufficient European defence posture by 2030 at the latest. Based on projections of gradual take-up of the instruments proposed under the ReArm Europe Plan/Readiness 2030, defence investment could reach at least EUR 800bn over the next four years. A crucial aspect of this effort is the need to ramp up the Union's defence production capacity, enabling it to respond effectively to emerging security threats. In order to achieve that goal, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. | (1) The Union is facing an acute and growing threat, as underscored in the Joint White Paper on European Defence Readiness 20302, linked to the return of full-scale conflict in Europe in the context of Russia’s war of aggression against Ukraine and the associated hybrid activities targeting the Union and its Member States, including sabotage, cyberattacks, disinformation, economic coercion and hostile intelligence operations, as well as repeated violations of EU and NATO airspace, and also an evolving transatlantic security posture. Accordingly, the Union must reinforce its strategic autonomy and resilience. In response to this escalating challenge, it is imperative that the Union takes decisive action to bolster its defence readiness and overall societal resilience, while upholding the Union’s values and democratic principles, taking into account the recommendations identified in high-level reports by Mario Draghi, Sauli Niinistö and Enrico Letta. There is urgency to ramp up European defence readiness to ensure that Europe has a strong and sufficient European defence posture by 2030 at the latest. It is particularly important to close the most critical capability shortfalls, in particular those outlined in the Defence Readiness Roadmap 2030, ensuring that efforts to close such shortfalls are carried out in coherence and mutual reinforcement with activities carried out within NATO, while avoiding unnecessary duplications. |
| __________________ | __________________ |
| 2 Joint White Paper for European Defence Readiness 2030, JOIN(2025) 120 final, 19 March 2025. | 2 Joint White Paper for European Defence Readiness 2030, JOIN(2025) 120 final, 19 March 2025. |
Amendment 2
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) Based on projections of gradual take-up of the instruments proposed under the ReArm Europe Plan/Readiness 2030, defence investment could reach at least EUR 800bn over the next four years. Such a level of investment also provides an opportunity to develop the European Defence Technological and Industrial Base (EDTIB) within the single market, by enabling competitive, innovative and diverse defence technology actors to participate effectively in the EDTIB, while ensuring fair participation in the defence market, including SMEs, and in full compliance with Union and national social, labour, safety and environmental standards. A crucial aspect of this effort is the need to ramp up the Union's defence production capacity, enabling it to respond effectively to emerging security threats. In order to achieve that goal, regulatory simplification and harmonisation are essential in a way that improves efficiency, transparency, and accountability. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. At the same time, efforts to promote a coherent approach to standardisation should be encouraged in order to strengthen interoperability and support a more efficient and coordinated development of defence capabilities across the Union. |
Amendment 3
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) In this context, defence readiness should be understood as the ability of Member States to anticipate, prevent, and respond to defence related crises, as referred to in Directive 2009/81/EC of the European Parliament and of the Council3 through a proactive and coordinated approach. This includes ensuring the availability of defence industrial capacity required to acquire and maintain the necessary resources, capabilities, and infrastructure with the aim of responding effectively to such crises. | (2) In this context, defence readiness should be understood as the ability of Member States to anticipate, prevent, and respond to defence related crises, as referred to in Directive 2009/81/EC of the European Parliament and of the Council3 through a proactive and coordinated approach. This includes ensuring the availability of defence industrial capacity required to acquire and maintain the necessary resources, capabilities, and infrastructure with the aim of responding effectively to such crises. Furthermore, defence readiness should also include broader preparedness, strengthening the resilience of society as a whole, to hybrid threats, disinformation campaigns, cyber attacks and other non-military forms of influence. This Regulation should apply solely to projects that contribute to the Union’s and Member States’ defence readiness and abide by the rules governing the internal market to ensure fair competition. |
| __________________ | __________________ |
| 3 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj). | 3 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj). |
Amendment 4
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Setting up or extending facilities, infrastructure and undertaking activities related to defence readiness often requires applying for several relevant permits and approvals. Existing permitting processes for assessments across various areas are often lengthy and cumbersome. Those procedures currently lack Union-wide provisions for fast-track processes specific to defence readiness activities, which impedes the ramp-up of defence production and related infrastructure in a timely manner and defence readiness activities and investments that are crucial for meeting emerging security demands. | (3) Setting up or extending facilities, infrastructure and undertaking activities related to defence readiness often requires applying for several relevant permits and approvals. Existing permitting processes for assessments across various areas are often lengthy and cumbersome. Small mid-caps and SMEs in particular are disproportionately affected, which has negative consequences for the entire supply chain. Those procedures currently lack Union-wide provisions for fast-track processes specific to defence readiness activities, which impedes the ramp-up of defence production and related infrastructure in a timely manner and defence readiness activities and investments that are crucial for meeting emerging security demands. |
Amendment 5
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The national permit-granting process ensures that defence readiness projects are safe, secure and comply with environmental, social and other safety requirements. Union environmental law sets common conditions for the content of the national permit-granting process, thereby ensuring a high level of environmental protection and allowing for the sustainable exploitation of the Union’s potential along the raw materials value chain. | (4) The national permit-granting process ensures that defence readiness projects are carried out safely, securely and in full compliance with relevant environmental, social, labour and other safety requirements throughout all stages of the process. Union environmental law sets common conditions for the content of the national permit-granting process, thereby ensuring a high level of environmental protection. In light of the acute threat posed by Russia’s war of aggression against Ukraine and the accompanying hybrid activities directed against the Union and its Member States, it is essential that the application of Union and national rules enables the rapid and efficient implementation of defence readiness projects, while remaining consistent with the Union’s environmental acquis. This approach would enable the sustainable and responsible development of Europe’s defence industrial and raw materials capacities, while avoiding unnecessary administrative delays that could hinder security preparedness. |
Amendment 6
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) At the same time, the unpredictability, complexity and, often, excessive length of national permit-granting processes undermine the investment security needed for the effective strengthening of Member States defence readiness. The structure and length of a permit-granting process for relevant projects can also differ greatly between Member States. Therefore, to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permit-granting processes to defence readiness projects. | (5) The unpredictability, complexity and, often, excessive length of national permit-granting procedures undermine investment security, certainty and planning needed for the effective strengthening of Member States defence readiness and risk discouraging innovative SMEs and small mid-caps from entering into or scaling within the defence sector. The structure and length of a permit-granting process for relevant projects can also differ greatly between Member States. Therefore, to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permit-granting processes to defence readiness projects. |
Amendment 7
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Defence readiness projects, including related industrial and governmental activities can, where applicable, fall within the scope of existing Union provisions allowing derogations, including from Union environmental law, on grounds of “overriding public interest”, “public safety” or “crisis” response. Member States can therefore, where so provided under national law, assess on a case-by-case basis whether permit-granting procedures for defence readiness projects can rely on those existing derogations. Any such assessment should be carried out in accordance with the conditions set out in the relevant Union and national law. Where compensatory or mitigating measures are required in the framework of the permit-granting process, they should ensure that the interests of relevant sectors are safeguarded in a proportionate manner, while preserving all obligations and safeguards laid down in the applicable legal frameworks and with a view to the timely achievement of the Defence Readiness 2030 objective. |
Amendment 8
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) While certain Member States have taken or are likely to take measures to accelerate the permission-granting processes for the defence industry, this may be done in diverging ways which would result in barriers to the functioning of the internal market in the defence sector. Divergent national legislation, regarding the planning permit-granting process of defence projects have proven to become bottlenecks for European relevant defence products supply chains. To ensure the functioning of the internal market, it is necessary to establish harmonised rules for the acceleration of the permit-granting processes. | (6) While certain Member States have taken or are likely to take measures to accelerate the permission-granting processes for the defence industry, this may be done in diverging ways which would result in barriers to the functioning of the internal market in the defence sector. Divergent national legislation, regarding the planning permit-granting process of defence projects have proven to become bottlenecks for European relevant defence products supply chains. To ensure the functioning of the internal market, it is necessary to establish harmonised rules and timelines for the acceleration of the permit-granting processes. |
Amendment 9
Proposal for a regulation
Recital 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) The application of this Regulation should fully respect the sole responsibility of the Member States for safeguarding their national security. Essential functions, including the defence of the territory, the maintenance of law and order and the protection of public security, remain within national competence and are not affected by this Regulation. Member States can maintain or introduce extraordinary national permitting procedures, provided that such measures do not undermine the functioning of the internal market for defence readiness projects within the scope of this Regulation. |
Amendment 10
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) There is a pressing need to reduce the complexity and duration of permitting processes for defence readiness projects. By establishing national permitting frameworks that prioritise these projects and ensure their rapid processing, the Union aims to enhance its defence production capacity and readiness by 2030 at the latest. | (8) There is a pressing need to reduce the complexity and duration of permitting processes for defence readiness projects, while ensuring that such processes are accessible to mid-caps, small mid-caps and SMEs contributing to the development of new and emerging defence technologies. By establishing national permitting frameworks that prioritise these projects and ensure their rapid processing, the Union aims to enhance its defence production capacity and readiness by 2030 at the latest. |
Amendment 11
Proposal for a regulation
Recital 8 a (new)
| Text proposed by the Commission | Amendment |
| (8a) In situations of supply chain crisis, uncertainty can hinder timely decisions and investment planning. Member States are therefore encouraged to publish and periodically update clear, accessible online information on relevant risks and bottlenecks, in line with national security and confidentiality requirements, in order to help companies anticipate and adjust their production, support the efficient allocation of scarce resources to strategically important projects and strengthen the Union’s defence industrial resilience and strategic autonomy. |
Amendment 12
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) In order to address these challenges, the defence industry should benefit of rules proven to be effective in streamlining industrial permitting processes. Aiming to reduce permitting deadlines for defence industry activities, including construction of new plants and related infrastructure, expansion of existing facilities, establishment of testing sites, training and certifying while also building on and broadening existing applicable provisions. | (9) In order to address these challenges, the defence industry should benefit of rules proven to be effective in streamlining industrial permitting processes and boosting innovative defence industrial actors. Aiming to reduce permitting deadlines for defence industry activities, including construction of new plants and related infrastructure, expansion of existing facilities, establishment of testing sites, training, certifying, and research and development, including prototype construction and technology transfer, while also building on and broadening existing applicable provisions. A more agile regulatory framework will free up resources for technological innovation, encourage production modularity and promote the establishment of cross-border consortia that can bridge capacity gaps more quickly. |
Amendment 13
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) To ensure that a streamlined permitting process and prioritisation processes cover the whole defence value chain, the concept of the defence industry should include not only undertakings manufacturing defence-related products within the meaning of Directive 2009/43/EC, but also undertakings providing services that directly enhance the defence readiness of one or more Member States. Furthermore, to address the principal bottlenecks in defence investments, the permit-granting process under this Regulation should cover all relevant permissions, including permits, approvals or licences required to build, expand, convert, operate or repurpose installations, equipment or activities for the manufacturing of defence products or components, or for other activities forming part of a defence readiness project. Bringing all such permissions into a single, coordinated and time-bound procedure, from the acknowledgement of the completeness of an application to the notification of the final decision by the single point of contact, reduces fragmentation, shortens procedural timelines and enhances legal certainty. |
Amendment 14
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
| (10a) Member States should ensure that permitting and assessment procedures required under national law are organised in a coordinated manner that complements those required under Union law, avoiding overlap, duplication and unnecessary administrative delays, while maintaining a high level of environmental protection. Where appropriate, such procedures should be coordinated or combined to provide an efficient, predictable and transparent process for project promoters. |
Amendment 15
Proposal for a regulation
Recital 10 b (new)
| Text proposed by the Commission | Amendment |
| (10b) To safeguard trust in the simplification of administrative processes, accelerated procedures and the internal market, Member States should ensure the impartiality of single points of contact and all competent national authorities involved in the permit-granting process, including through maintaining fair-competition and conflict-of-interest principles, transparency of decision-making, publication of non-confidential statistics on permit decisions. Those measures should ensure non-discriminatory access for SMEs and companies of all sizes across the Union. Member States and the Commission should ensure that appropriate measures are in place to prevent, detect, and correct any risk of fraud or corruption. |
Amendment 16
Proposal for a regulation
Recital 10 c (new)
| Text proposed by the Commission | Amendment |
| (10c) This Regulation clarifies that, when a project is subject to an environmental impact assessment pursuant to Directive 2011/92/EU, the steps (i) and (ii) of the environmental impact assessment timeline should not be included in the duration of the permit-granting process established by this Regulation. This Regulation also requires single points of contact to provide information to project promoters about the requirement to carry out an environmental impact assessment, as well as the scope and level of detail of such assessment. |
Amendment 17
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) To facilitate the efficient and timely processing of administrative permitting applications related to defence readiness activities and the scaling up of defence production, Member States need to ensure that the competent national authorities implement fast-track procedures. Those authorities should provide the most rapid legal treatment possible for such applications, thereby enabling timely responses to defence readiness needs. | (11) To facilitate the efficient and timely processing of administrative permitting applications related to defence readiness activities and the scaling up of defence production, and supporting mid-caps, small mid-caps and SMEs, Member States need to ensure that the competent national authorities implement fast-track procedures. Those authorities should provide the most rapid legal treatment possible for such applications, thereby enabling timely responses to defence readiness needs. The competent authorities have flexibility to prolong the standard fast-track timeline for the reasons of potential risks to health, safety, the environment, and national security. To ensure that these exceptional circumstances are treated in rigorous and transparent manner, it is essential that competent authorities do not merely assert the existence of exceptional circumstances but substantiate such claims with verifiable evidence. |
Amendment 18
Proposal for a regulation
Recital 11 a (new)
| Text proposed by the Commission | Amendment |
| (11a) In addition, in order to further accelerate and streamline the permit issuing process, the principle of tacit approval should apply to the application for a permit except where that principle is in contradiction with the existing national legal system of a Member State. Therefore, an application for a permit should be considered granted if the project promoter has not been informed by the single point of contact within the applicable deadline of the outcome of the permit-granting process. |
Amendment 19
Proposal for a regulation
Recital 11 b (new)
| Text proposed by the Commission | Amendment |
| (11b) Where a permit for a defence readiness project is implicitly granted, such approval should not exempt the project promoter or the competent authority from full compliance with applicable Union and national law, including provisions on environmental protection and on the health and safety of workers. |
Amendment 20
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) Establishing a single point of contact for industry applications regarding permits related to defence activities is intended to streamline communication, reduce administrative burdens and further expedite the permitting process with clear and legally binding deadlines, thereby providing efficient pathway for defence-related industrial applications. Moreover, it will provide certainty to investors by ensuring the rapid treatment of permit applications and limiting the risks to investments related to lengthy procedures. | (12) Establishing one or more single points of contact for industry applications regarding permits related to defence activities. is intended to streamline communication, clarify responsibilities, reduce administrative burdens and further expedite the permitting process with clear and legally binding deadlines, thereby providing efficient pathway for defence-related industrial applications. Moreover, it will provide certainty to investors by ensuring the rapid treatment of permit applications and limiting the risks to investments related to lengthy procedures. Member States should provide their single points of contact, as well as any authority involved in the permit-granting process, with sufficient personnel and resources. |
Amendment 21
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
| (12a) In Member States with a federal or otherwise decentralised administrative structure, or where regional or local authorities are required to be involved in the approval process or to adopt the relevant decisions, the functions of the single point of contact may be exercised through a coordinating structure involving regional or local authorities, provided that it is ensured that project promoters have one clearly identified interface for each project, and that that interface is coordinated and streamlined. Member States should make best efforts to ensure that project promoters, in particular SMEs and small mid-caps, can easily identify and access the competent single point of contact for their specific project. Flexibility should be ensured to allow several competent authorities to operate as single points of contact where necessary, provided that clear coordination mechanisms are in place and that project promoters have one clearly identified coordinating authority acting as the sole interface for each project. Such arrangements should avoid duplication or fragmentation of procedures and preserve the efficiency and purpose of the single-point-of-contact system. |
Amendment 22
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) Furthermore, Member States should provide the necessary administrative support to defence readiness projects located on their territory, to facilitate their timely and effective implementation, paying particular attention to the needs of small and medium-sized enterprises and mid-cap enterprises involved in those projects, by providing assistance regarding compliance with applicable administrative and reporting obligations, informing the public to increase acceptance of the projects and guiding project promoters through the permit-granting process. | (14) Furthermore, Member States should provide the necessary administrative support to defence readiness projects located on their territory, to facilitate their timely and effective implementation, paying particular attention to the needs of small and medium-sized enterprises which often face higher relative compliance costs and limited administrative capacity. To that end, the single point of contact should include dedicated support functions for SMEs and midcaps, such as helpdesks, harmonised templates and digital tools, offering clear guidance on documentation and compliance requirements and assistance throughout the permit-granting process, so that smaller actors can participate effectively and without disproportionate administrative burden. |
Amendment 23
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) To ensure effective, transparent and comparable implementation, the performance of single points of contact should be assessed through common Union-wide indicators and data collected to be submitted by each Member State to the Commission annually. |
Amendment 24
Proposal for a regulation
Recital 14 b (new)
| Text proposed by the Commission | Amendment |
| (14b) Transparency and equal access to information are crucial for the effective implementation of permit-granting processes. Member States should ensure that all project promoters, regardless of their Member State of establishment, have support and equal access to centralised, easily accessible online information. This includes details on single points of contact, permit-granting procedures, dispute resolution mechanisms, financing and investment services, and available Union or national funding instruments. |
Amendment 25
Proposal for a regulation
Recital 14 c (new)
| Text proposed by the Commission | Amendment |
| (14c) To avoid the proliferation of uncoordinated administrative platforms, Member States should design digital tools supporting this Regulation that are interoperable in order to allow for reusing information already submitted under other Union or national procedures and offer a single, user-friendly digital interface, particularly benefiting SMEs and mid-caps. |
Amendment 26
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) The Commission may offer capacity-building support to the single point of contact, including technical assistance, training, monitoring and evaluation, with the aim of developing and strengthening the abilities, processes and resources that the single points of contacts need to develop for the purposes of this Regulation. Such support may be requested by Member States and will fall within the scope of supporting actions under the European Defence Industry Programme [reference to be added once EDIP is adopted]. | (15) The Commission should, upon request by a Member State offer capacity-building support to the single point of contact, including technical assistance, training, monitoring and evaluation, with the aim of developing and strengthening the abilities, processes and resources that the single points of contacts need to develop for the purposes of this Regulation. Such support may be requested by Member States and will fall within the scope of supporting actions under Regulation (EU) 20XX/XXXX on the European Defence Industry Programme [reference to be added once EDIP is adopted]. |
Amendment 27
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) In order to provide project promoters and other investors with the security and clarity needed to increase development of defence readiness projects, Member States should ensure that the permit-granting process related to such projects does not exceed set time limits. | (17) In order to provide project promoters and other investors with the security and clarity needed to increase development of defence readiness projects, Member States should ensure that the permit-granting process related to such projects does not exceed set time limits. Completion within those time limits should take the form of a reasoned, written decision, whether granting or refusing the relevant permit, - notified by the single point of contact to the project promoter. |
Amendment 28
Proposal for a regulation
Article 1 – paragraph 1 – point 1
| Text proposed by the Commission | Amendment |
| (1) ‘defence readiness project’ means set of activities, investments and measures aimed at enhancing the defence readiness of a Member State or several Member States, including through the development of the defence industry; | (1) ‘defence readiness project’ means set of activities, investments and measures or measures primarily intended to enhance the defence readiness of a Member State or several Member States jointly, including through the development or modernisation of the defence industry; |
Amendment 29
Proposal for a regulation
Article 1 – paragraph 1 – point 2
| Text proposed by the Commission | Amendment |
| (2) ‘defence industry’ means all undertakings engaged in the development, production, and manufacture of defence-related products as defined in Article 3(1) of Directive 2009/43/EC of the European Parliament and of the Council6 ; | (2) ‘defence industry’ means all undertakings engaged in the development, production, and manufacture or supply of defence-related products as defined in Article 3(1) of Directive 2009/43/EC of the European Parliament and of the Council 6 or in the provision of services that enhance the defence readiness of one or several Member States; |
| __________________ | __________________ |
| 6 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj). | 6 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj). |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – point 3
| Text proposed by the Commission | Amendment |
| (3) ‘defence readiness’ means the state of preparedness of a Member State or several Member States to respond to a crisis defined in Article 1, point (10) of Directive 2009/81/EC of the European Parliament and of the Council7 , which relates to defence; | (3) ‘defence readiness’ means the state of preparedness of a Member State or several Member States to anticipate, prevent or respond to a crisis as defined in Article 1, point (10) of Directive 2009/81/EC of the European Parliament and of the Council 7 , which relates to defence; |
| __________________ | __________________ |
| 7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj). | 7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj). |
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – point 6
| Text proposed by the Commission | Amendment |
| (6) ‘permit-granting process’ means a process that covers all relevant permits, including permits necessary to build, expand, convert and operate defence readiness projects and all the necessary administrative steps from the acknowledgement that the application is complete to the notification of the final decision on that application by the single contact point concerned; | (6) permit-granting process’ means a process that covers all relevant permissions permits, including permits, approvals or licences necessary to build, expand, convert and operate or repurpose any installation, equipment or activity for manufacturing defence products or components or for other activities forming part of a defence readiness project together with all administrative steps from acknowledgement of application completeness to notification of the final decision by the single point of contact; |
Amendment 32
Proposal for a regulation
Article 2 – title
| Text proposed by the Commission | Amendment |
| Single point of contact | Single points of contact |
Amendment 33
Proposal for a regulation
Article 2 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. By …[3 months after the date of entry into force of this Regulation], each Member State shall establish or designate one authority as single point of contact at the relevant administrative level. | 1. By …[3 months after the date of entry into force of this Regulation], each Member State shall establish or designate one authority as single point of contact at the relevant administrative level. The single point of contact shall operate as a single interface for each defence readiness project. |
Amendment 34
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The single point of contact shall be responsible for facilitating and coordinating the permit-granting process for defence readiness projects and for providing information on streamlining the administrative processes in accordance with Article 3, including information to the project promoter on when an application is considered to be completed in accordance with Article 5(6). | 2. The single point of contact shall be responsible for facilitating and coordinating the permit-granting process for defence readiness projects and for providing information on streamlining the administrative processes in accordance with Article 3, including information to the project promoter on when an application is considered to be completed in accordance with Article 5(6). At the request of the project promoter, the single point of contact shall also provide information whether the project could be considered a defence readiness project under this Regulation, as well as information on the required documentation to be submitted as part of the final application. |
Amendment 35
Proposal for a regulation
Article 2 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Project promoters shall be allowed to submit any documents relevant to the permit-granting process in electronic form. | 4. Project promoters shall be allowed and enabled to submit any documents relevant to the permit-granting process in electronic form via a secure, interoperable portal. Member States shall ensure the digital exchange of documentation between the national authority, the single point of contact and the project promoters. |
Amendment 36
Proposal for a regulation
Article 2 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. Where an interoperable online portal is not available at the moment of application of this Article, the single point of contact shall provide for an alternative submission channel without delaying the time limits under Article 5 and shall notify the Commission of a time-bound plan that should not exceed 6 months to achieve full e-processing capability. That alternative submission channel shall be one-stop physical or postal. Capacity-building for implementing this paragraph may be supported under Regulation (EU) 20XX/XXXX on the European Defence Industry Programme (EDIP) where applicable. |
Amendment 37
Proposal for a regulation
Article 2 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The competent authorities shall ensure that any relevant studies carried out, or permits or authorisations issued, for a given project are taken into account and that no duplicate studies, permits or authorisations are required, unless otherwise required under Union or national law. | 5. The competent authorities shall ensure that any relevant studies carried out, or permits or authorisations issued, for a given project are taken into account and that no duplicate studies, permits or authorisations are required, unless otherwise required under Union or national law. The single point of contact shall ensure the coordination among the competent authorities and those authorities shall have access to all relevant documents to facilitate the fast-track procedure. |
Amendment 38
Proposal for a regulation
Article 2 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure that the single point of contact and all competent authorities responsible for any step along the permit-granting processes, including all procedural steps, have enough qualified staff and sufficient financial, technical and technological resources necessary, including, where appropriate, for up- skilling and re-skilling, for the effective performance of their tasks under this Regulation. | 6. Member States shall ensure that the single point of contact and all competent authorities responsible for any step along the permit-granting processes, including all procedural steps, have enough qualified staff and sufficient financial, technical and digital resources necessary, including, where appropriate, for up- skilling and re-skilling, for the effective performance of their tasks under this Regulation. |
Amendment 39
Proposal for a regulation
Article 2 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. The authorities involved in the permit-granting process and other authorities concerned shall specify and make available to the single point of contact concerned, the requirements and all information requested of a project promoter before the permit-granting process commences. | 7. The authorities involved in the permit-granting process and other authorities concerned shall specify and make available to the single point of contact concerned, the requirements and all information requested of a project promoter before the permit-granting process commences. Single points of contact shall also make available relevant and necessary documents of the project promoter to the authorities, where necessary in the permit-granting process. |
Amendment 40
Proposal for a regulation
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Upon request by a Member State, the Commission may assist the authorities of that Member State with capacity building in support of implementation of this Regulation, notably in establishing or operating a single point of contact. | 8. Upon request by a Member State, the Commission shall assist the authorities of that Member State with capacity building in support of implementation of this Regulation, notably in establishing or operating a single point of contact. The Commission shall treat that request as a priority and commence implementation without undue delay in cooperation with the requesting Member State. Such assistance may include targeted technical and financial support, such as through Regulation (EU) 20XX/XXXX on the European Defence Industry Programme and cohesion policy instruments, to help Member States with limited administrative capacity. |
Amendment 41
Proposal for a regulation
Article 2 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. In Member States with a federal or otherwise decentralised administrative structure, the obligation to establish a single point of contact shall be understood as ensuring a coordinated and streamlined interface for each defence readiness project. Member States may designate more than one competent authority as single point of contact, where this is necessary to reflect their administrative organisation, provided that effective coordination mechanisms are established and that project promoters have one clearly identified coordinating authority acting as the sole interface for each project. |
Amendment 42
Proposal for a regulation
Article 2 – paragraph 8 b (new)
| Text proposed by the Commission | Amendment |
| 8b. Where a defence readiness project is cross-border within the EU, prompt notification and coordination by the single point of contact with the single points of contact of other Member States concerned shall be ensured. Member States shall ensure that single points of contact have protocols for the timely exchange and referral of information in such cases, without prejudice to national security and confidentiality rules |
Amendment 43
Proposal for a regulation
Article 2 – paragraph 8 c (new)
| Text proposed by the Commission | Amendment |
| 8c. The Commission, in cooperation with Member States, shall ensure the development of common indicators and methodologies to assess the performance of the single points of contact, based on the data reported annually pursuant to Article 8a. Member States shall ensure that the single points of contact collect, process and transmit relevant information in a consistent and timely manner, to contribute to the transparent and comparable monitoring of the implementation of this Regulation across the Union. |
Amendment 44
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| Member States shall provide public access to the following information on permit-granting processes relevant to defence readiness projects, online and in a centralised and easily accessible manner: | Member States shall provide public access to the following information on permit-granting processes relevant to defence readiness projects, online and in a centralised and easily accessible manner, to the extent that such publication is without prejudice to national security and with due regard to confidentiality requirements: |
Amendment 45
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) funding possibilities at Union or Member State level; | (d) funding possibilities at Union and Member State level; |
Amendment 46
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) guidelines and templates provided by the Member States for standardised permit applications where available; |
Amendment 47
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
| Text proposed by the Commission | Amendment |
| (eb) applicable environmental, health and safety laws. |
Amendment 48
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| Member States shall provide administrative support for defence readiness projects located on their territory, paying particular attention to SMEs and mid-caps, including small mid-cap enterprises, involved in those projects, including by providing: | Member States shall provide administrative support for defence readiness projects located on their territory to all project promoters, regardless of the Member States in which they are established, paying particular attention to SMEs and mid-caps, including small mid-cap enterprises, involved in those projects, including by providing: |
Amendment 49
Proposal for a regulation
Article 4 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) assistance regarding compliance with applicable administrative and reporting obligations; | (a) assistance regarding compliance with applicable administrative and reporting obligations, including with Union and national health, environmental, safety, social and labour laws; |
Amendment 50
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) coordination and assistance to project promoters of defence readiness projects with cross-border dimension and coordination for core defence production assets; |
Amendment 51
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
| Text proposed by the Commission | Amendment |
| (cb) SME support mechanisms within the single point of contact, which include a dedicated SME desk providing tailored guidance and early advisory services to SMEs, mid-caps, and small mid-cap enterprises. |
Amendment 52
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The permit-granting process for defence readiness projects, including the granting of the relevant permit, shall not exceed [60] days. | 1. The permit-granting process for defence readiness projects, including notification of the outcome of that process, shall not exceed 50 working days from the date of the acknowledgement of the completeness of the permit-granting application by the single point of contact. |
Amendment 53
Proposal for a regulation
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Where a defence readiness project involves a modification or extension of an existing facility already authorised under national law, the competent authority shall determine whether the modification requires a new or updated permit, or whether it may proceed under the existing authorisation, provided that environmental, health and safety standards are not affected. |
Amendment 54
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where a defence readiness project requires the construction of several facilities or units in one site, the project promoter and the single point of contact may agree on splitting the project into several smaller projects for the purposes of complying with the applicable time limits. | 2. In exceptional cases, and without prejudice to the ability of the competent authorities to fully and comprehensively assess compliance with Union or national law, where a defence readiness project requires the construction of several facilities or requires several phases, whether located on a single site or across multiple sites, the project promoter and the single point of contact may, where justified by the project’s technical or administrative characteristics, agree to process those components as separate sub-projects for the purposes of complying with the applicable time limits. |
Amendment 55
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. In exceptional cases, where the nature, complexity, location or size of the proposed defence readiness project so requires, a Member State may once extend the time limits referred to in paragraph 1 by a maximum of 30 days before their expiry and on a case-by-case basis. | 3. In exceptional cases, where the nature, location or size of the proposed defence readiness project so requires, a Member State may once extend the time limits referred to in paragraph 1 by a maximum of 25 working days before their expiry and on a case-by-case basis. |
Amendment 56
Proposal for a regulation
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Where a Member State considers that the defence readiness project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that measures to address identifiable risks have been put in place, it may extend the time limits referred to in paragraph 1 by 60 days, within 30 days of the start of the permit-granting process. | 4. Where a Member State considers that there is evidence that the defence readiness project is of exceptional complexity, raises exceptional risks for the health and safety of workers or of the general population, raises an exceptional risk on the environment, or where a specific national security clearance is required, and where additional time is necessary to establish that measures to address identifiable risks have been put in place, it may extend the time limits referred to in paragraph 1 by 50 working days, within 25 working days of the start of the permit-granting process. |
Amendment 57
Proposal for a regulation
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. No later than 15 days from the receipt of the permit-granting application, the single point of contact concerned shall acknowledge that the application is complete and whether this Regulation applies or, if the project promoter has not sent all the information required to process the application, request the project promoter to submit a complete application without undue delay, specifying which information is missing. If the submitted application is deemed to be incomplete for a second time, the single point of contact may, within [15] days of the second submission, make a second request for information. The single point of contact shall not request information in areas not covered in the first request for information and shall be entitled only to request further evidence to complete the identified missing information. The date of the acknowledgement of the completeness of the application from the single point of contact shall serve as the start of the permit-granting process for that application. | 6. No later than 12 working days from the receipt of the permit-granting application, the single point of contact concerned shall acknowledge that the application is complete and whether this Regulation applies or, if the project promoter has not sent all the information required to process the application, request the project promoter to submit a complete application without undue delay, specifying which information is missing. If the submitted application is deemed to be incomplete for a second time, the single point of contact may, within 12 working days of the second submission, make a second request for information. The single point of contact shall not request information in areas not covered in the first request for information and shall be entitled only to request further evidence to complete the identified missing information. |
Amendment 58
Proposal for a regulation
Article 5 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. The applicable time limit for the permit-granting process shall commence on the date of the acknowledgment of the completeness of the permit-granting application. Where an environmental impact assessment is required, the application shall be considered completed when the steps (i) and (ii) of the environmental impact assessment, according to the Directive 2011/92/EU, Article 1() points (g)(i) and (g)(ii), including the public consultation, if applicable, have been formally submitted and acknowledged as such in accordance with paragraph 6 of this Article. |
Amendment 59
Proposal for a regulation
Article 5 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the single point of contact does not inform the project promoter of the outcome of the permit-granting process within the time limit set out in paragraph 1 and extended, where applicable, in accordance with paragraphs 3 and 4, the permits covered by the application shall be deemed to be granted. The single point of contact shall promptly deliver written confirmation to the project promoter, indicating that the permits have been implicitly granted based on the application submitted. | 8. Where the single point of contact does not inform the project promoter of the outcome of the permit-granting process within the time limit set out in paragraph 1 and extended, where applicable, in accordance with paragraphs 3 and 4, the permits covered by the application shall be deemed to be granted, unless the principle of administrative tacit approval has been excluded for these types of procedures by the national legal system of the Member state concerned. The single point of contact shall within 10 days, without undue delay but not later than within 3 working days provide written confirmation to the project promoter, in writing or electronically indicating that the permits have been implicitly granted based on the application submitted. |
Amendment 60
Proposal for a regulation
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. National, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, shall include in such plans, where appropriate, provisions for the development of defence readiness activities, projects as well as the necessary infrastructure. To facilitate the development of defence readiness projects, Member States shall ensure that all relevant spatial planning data is available online in accordance with Article 3. | 1. National, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, shall include in such plans, where appropriate, provisions for the development of defence readiness activities, projects and their required infrastructure, and shall also take into account security considerations, including protection against cyber and hybrid threats targeting critical defence infrastructure. To facilitate the development of defence readiness projects, Member States shall ensure that non-confidential relevant spatial planning data is available online in accordance with Article 3 as well as with applicable Union and national law. |
Amendment 61
Proposal for a regulation
Article 6 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Where a defence-readiness project is not covered by the plans referred to in paragraph 1, any environmental assessments required under Union or national law, including, where applicable, project-level assessments, shall be completed and taken into account prior to the final decision on the permit. |
Amendment 62
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| All dispute resolution procedures, litigation, appeals and judicial remedies as well as all administrative proceedings related to defence readiness projects before any national courts, tribunals, bodies or panels, including with regard to mediation or arbitration, where they exist in national law, shall be treated as urgent if and to the extent to which national law concerning relevant permit-granting processes provides for such urgency procedures and provided that the applicable rights of defence of individuals or of local communities are respected. Project promoters of defence readiness projects shall participate in such urgency procedures, where applicable. | All dispute resolution procedures, litigation, appeals and judicial remedies as well as all administrative proceedings related to defence readiness projects before any national courts, tribunals, bodies or panels, including with regard to mediation or arbitration, where they exist in national law, shall be treated as urgent if and to the extent to which national law concerning relevant permit-granting processes provides for such urgency procedures and provided that the applicable rights of defence of individuals or of local communities are respected. Project promoters of defence readiness projects shall participate in such urgency procedures, where applicable. The competent authorities shall guarantee that accelerated judicial and administrative procedures do not undermine the right to an effective remedy. |
Amendment 63
Proposal for a regulation
Article 8 a (new)
| Text proposed by the Commission | Amendment |
| Article 8a | |
| Monitoring and reporting | |
| 1. For the purposes of transparency, ex-post monitoring and Union-wide comparability, each Member State shall submit to the Commission, annually, a statistical report on the application of this Regulation, including: | |
| (a) the total number of received applications for permits for defence readiness projects; | |
| (b) the total number of fast-track procedure permits granted; | |
| (c) the total number of fast-track procedure permits granted tacitly, pursuant to Article 5(8); | |
| (d) the number of SMEs benefiting from fast-track procedures; | |
| (f) specific measures adopted to support SMEs and mid-caps; | |
| 2. The Commission shall make the aggregated results publicly available and, where appropriate, issue guidance to promote the consistent application of this Regulation across Member States. | |
| 3. The Commission is empowered to adopt implementing acts to specify the template for the submission of above-mentioned information. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011. | |
| 4. The single point of contact shall ensure digital traceability of all applications and decisions, guaranteeing transparency and preventing fraud. The data collected through all applications and decisions shall contribute to Union-level monitoring. | |
| 5. The Commission shall evaluate the practices of the Members States regarding tacit approvals. In the case of a disproportionately high number of such approvals, the Commission shall request additional information from the Member State concerned and, where appropriate, issue recommendations on how to improve the permit granting process to ensure a uniform application of this Regulation. Information on tacit approval shall be made publicly available, without prejudice to the protection of sensitive information relevant to national security and confidentiality requirements. |