Sittings · Document
Acceleration of permit-granting for defence readiness projects (Omnibus V)
9.9.2026 A10-0271/65
Amendment 65
MarieAgnes StrackZimmermann
on behalf of the Committee on Security and Defence
Anna Cavazzini
on behalf of the Committee on the Internal Market and Consumer Protection
Report A10-0271/2025
Lucia Yar, Henrik Dahl
Acceleration of permit-granting for defence readiness projects (Omnibus V)
(COM(2025)0821 – C10-0122/2025 – 2025/0172(COD))
Proposal for a regulation
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AMENDMENTS BY THE EUROPEAN PARLIAMENT*
to the Commission proposal
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REGULATION (EU) 2026/…
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of …
on the acceleration of permit-granting processes for defence readiness projects
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 114 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,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) The Union is facing an acute and growing threat, as underscored in the Joint White Paper of the High Representative for Foreign Affairs and Security Policy and the Commission of 19 March 2025 for European Defence Readiness 2030, linked to the return of full-scale conflict in Europe in the context of Russia’s war of aggression against Ukraine and other hybrid activities targeting the Union and its Member States. Itis, therefore, imperative that the Union take decisive action to bolster its defence readiness and overall societal resilience. There is an urgent need to ramp up European defence readiness and close critical capability gaps to ensure that Europe has a strong and sufficient European defence posture by 2030 as underlined by the European Council.
(2) Setting up or extending facilities and infrastructure and undertaking activities related to defence readiness often require applying for several relevant permits and approvals. Existing permit-granting procedures for assessments across various areas are often lengthy and cumbersome disproportionally affecting small mid-caps and SMEs. Those procedures currently lack Union-wide provisions for accelerated 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) Permit-granting processes of the Member States for defence readiness projects should be streamlined, while ensuring that such projects are safe, secure, and comply with environmental, social, labour and safety requirements throughout all stages of the process. Union environmental law sets common conditions for the content and process of ▌ national permit-granting ▌ , thereby ensuring a high level of environmental protection and allowing for the sustainable and responsible development of Europe’s defence industrial capacities and raw materials value chain, while avoiding unnecessary administrative delays that could hinder defence readiness. This Regulation does not undermine any obligations arising from other relevant Union legislation.
(4) Complex and lengthy national permit-granting processes, which diverge from one Member State to another, undermine the investment security, certainty and planning needed for economic operators throughout the Union and 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 accelerate their effective implementation, Member States should apply streamlined and predictable permit-granting processes to defence readiness projects.
(5) 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 800 billion 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 internal market, by enabling competitive, innovative and diverse actors in the field of defence technology 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. Regulatory simplification and harmonisation in a manner that improves efficiency, transparency and accountability are therefore 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.
(6) 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 Council, ▌ through a proactive and coordinated approach. That approach 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.
(7) In light of the obstacles identified, it is appropriate to establish extraordinary measures to accelerate the permit-granting processes for defence readiness projects throughout the Union. Such measures should apply to projects which are identified by Member States as defence readiness projects within the meaning of this Regulation.
(8) Defence readiness projects, including related industrial and governmental activities, can, where applicable, fall within the scope of existing provisions of Union law, including in the field of Union environmental law, that allow for derogations on grounds of overriding public interest, public safety or in response to a crisis. Member States can use such derogations where appropriate for purposes of defence readiness activities and investments. In this context, compensatory or mitigating measures that might be required in the framework of the permit-granting process are tools aimed at ensuring that the interests of relevant sectors are safeguarded in a proportionate manner, with a view to the timely achievement of the objective of defence readiness by 2030.
(9) While certain Member States have taken or are likely to take measures to accelerate their permit-granting processes for the defence industry, this could be done in diverging ways which would result in barriers to the functioning of the internal market in the defence sector. Such divergences have become bottlenecks for European supply chains relevant for defence products. 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.
(10) While Union institutions can provide guidance and frameworks, the responsibility for authorisation and facilitating accelerated permit-granting processes resides primarily with Member States. Member States are best positioned to implement changes that cater to their specific administrative and regulatory landscapes.
(11) There is a pressing need to reduce the complexity and duration of permit-granting 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.
(12) In situations of supply chain crisis, uncertainty can hinder timely decisions and investment planning. Member States are encouraged to share relevant information on supply chain risks and bottlenecks through established Union frameworks for defence cooperation, in order to support efficient resource allocation and strengthen the Union's defence readiness, in full compliance with national security and confidentiality requirements.
(13) In order to address the challenges identified, it is important that economic operators active in the field of defence ▌benefit from rules proven to be effective in streamlining industrial permit-granting processes, reducing deadlines for granting permits for defence industry activities, including for the construction of new plants and related infrastructure, the expansion of existing facilities, the establishment of testing sites, training, certifying and research and development, including the construction of prototypes and transfer of technology, while also building on and broadening existing applicable provisions.
(14) To ensure that a streamlined permit-granting process covers the whole defence value chain, the concept of defence industry should include not only undertakings manufacturing defence-related products as defined in Directive 2009/43/EC of the European Parliament and of the Council, but also undertakings providing services that directly relate to those products. Furthermore, to address the principal bottlenecks in defence investments, the permit-granting process under this Regulation should cover all relevant permits, including approvals or licences required to build, expand, convert and operate defence readiness projects or to 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 the granting of such permits into a single, coordinated and time-bound procedure, from the confirmation of whether the permit application is complete to the notification of the comprehensive decision by the single point of contact, reduces fragmentation, shortens procedural timelines and enhances legal certainty.
(15) Complying with Union law, including in relation to waste management and to the protection of water, air, ecosystems, habitats, archaeological sites and biodiversity ▌, is integral to permit-granting procedures, also for the defence sector. Such rules are an essential safeguard to ensure negative impact is prevented or minimised. However, to ensure that permit-granting processes for defence readiness projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of, for instance, environmental protection, should be realised. In that regard, it should be ensured that the necessary assessments are bundled to prevent unnecessary overlap.
(16) Each Member State should, in light of its administrative organisation and defence and national security needs, determine upon receipt of a complete permit application, whether a project located on its territory qualifies as a defence readiness project.
(17) Member States should ensure that permit-granting 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.
(18) To safeguard trust in the simplification of administrative processes, accelerated procedures and the internal market, it is important that the single points of contact and all competent national authorities involved in the permit-granting process be impartial and uphold the principles of fair competition, transparency of decision-making, publication of non-confidential statistics on permit decisions and non-discrimination including as regards the access for SMEs and companies of all sizes across the Union.
(19) To facilitate the efficient and timely processing of permit applications related to defence readiness activities and the scaling up of defence production, Member States should ensure that the competent national authorities implement accelerated procedures. Those authorities should provide the most rapid legal treatment possible for such permit applications, thereby enabling timely responses to defence readiness needs.
(20) Establishing a single point of contact for applications regarding permits related to defence activities is intended to streamline communication, clarify responsibilities, reduce administrative burden and further expedite the permit-granting process with clear and legally binding deadlines, thereby providing an efficient pathway for defence-related 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 ▌.
(21) Member States should be able, when necessary to reflect their decentralised administrative organisation, to choose whether to establish or designate their single points of contact at local, regional or national level, or at any other relevant administrative level. Member States should ensure that effective coordination mechanisms are established and that that single point of contact acts as the sole interface for each project. Moreover, the relevant competent authorities should specify and make available to the single point of contact the requirements and extent of information requested of a project promoter before the permit-granting process commences. The single point of contact should be responsible for communicating that information to the project promoter. Project promoters should be able to interact prior to and during the permit-granting process with a single point of contact responsible for facilitating and coordinating the entire permit-granting process. It should be for Member States to decide by virtue of national law whether a single point of contact can act as a competent authority and issue comprehensive decisions. To ensure the effective implementation of their responsibilities, 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.
(22) To accelerate reaching full operational capacity of the single points of contact, it is important that Member States, to the extent possible, take advantage of possible complementarity with existing single points of contact, for example those established under Regulation (EU) 2024/1735 of the European Parliament and of the Council or Regulation (EU) 2024/1252 of the European Parliament and of the Council.
(23) Member States should provide the necessary administrative support to defence readiness projects located on their territory, to facilitate their timely and effective implementation. It is important to guarantee that project promoters are treated in a same way irrespectively of the Member State of their establishment. Additionally, it is important to pay particular attention to the needs of SMEs and mid-caps, which often face higher compliance costs and limited administrative capacity. To that end, the single point of contact should provide tailored guidance and early advisory services to SMEs, mid-caps and small mid-cap enterprises. Such support can include 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.
(24) Single points of contact should collect, process and report relevant information in a consistent and timely manner. For the purposes of transparency, ex-post monitoring and Union-wide comparability, and to promote consistent and efficient implementation of this Regulation, Member States should submit to the Commission, on an annual basis, a statistical report on the application of this Regulation setting out the total number of permit applications granted, including those granted tacitly, pursuant to the procedures established by this Regulation. To assess whether the procedures established by this Regulation effectively contribute to its objectives, the Commission should periodically evaluate the implementation of this Regulation, in particular as regards the timelines of the permit-granting processes, participation of SMEs in defence readiness projects and the tacit approval mechanism.
(25) Transparency and equal access to information are crucial for the effective implementation of permit-granting processes. All project promoters, regardless of their Member State of establishment, should have access to centralised, easily accessible online information, to the extent that such publication is without prejudice to national security and with due regard to confidentiality requirements. That information should include details on single points of contact, permit-granting processes, dispute resolution mechanisms, financing and investment services and available Union or national funding instruments.
(26) Member States should ensure digital exchange between the project promoter, the single point of contact and competent authorities, including via an interoperable portal where available, in order to facilitate the electronic submission of documents and, where possible, the reuse of information already submitted under other Union or national procedures.
(27) 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. The Commission should make its best efforts to accord priority treatment to such requests. Such support ▌ falls within the scope of supporting actions under Regulation (EU) 2025/2643 of the European Parliament and of the Council. ▌
(28) In order to ensure clarity about the permit status of defence readiness projects and to limit the impact of potential abusive litigation, while not undermining effective judicial review, ▌ any dispute concerning the permit-granting process should be resolved in a timely manner. To that end, ▌ defence readiness projects should be treated as urgent in all administrative, judicial and dispute resolution procedures relating to such projects to the extent that national law provides for urgency procedures.
(29) 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. This Regulation sets the standard time limit of 42 working days for the permit-granting process and provides for flexibility to extend that time limit in certain cases. In order to avoid unjustified delays, the possibility of extending that time limit should be limited to the exceptional circumstances set out in this Regulation. Any extension of the permit‑granting process should be based on clearly identified and duly substantiated reasons. The single point of contact should provide a substantiated explanation demonstrating that exceptional circumstances exist and that additional time is necessary to complete the outstanding assessments. The reasons for the extension and the expected date of the comprehensive decision should be communicated in writing to the project promoter in a timely and transparent manner.
(30) The permit-granting process should start when the single point of contact notifies the project promoter that the permit application received is complete and end when the single point of contact notifies the project promoter of the comprehensive decision.
(31) Where an environmental impact assessment report or other assessments are required by Union or national law as part of a permit-granting process, a permit application should only be considered to be complete for the purposes of this Regulation where the environmental impact assessment report or other assessments have been provided by the project promoter. Where relevant, the competent national authorities should carry out their assessment obligations, including those pursuant to Directive 2011/92/EU of the European Parliament and of the Council, in particular Article 1(2), point (g)(iii), (iv) and (v) thereof, or any other assessments required under Union or national law, before the end of the permit-granting process. Moreover, the combined assessment referred to in this Regulation should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation.
(32) Where on expiry of the time limits provided for under this Regulation, the project promoter has not been informed of the outcome of the permit-granting process, the permits concerned should be deemed to have been granted and the project promoter should be deemed to have been authorised to implement the defence readiness project. The single point of contact should inform the project promoter within eight working days of the tacit approval and, where relevant, specify the conditions and requirements to which those permits are subject, in accordance with applicable Union or national law. Such tacit approval is without prejudice to Member States’ obligations to perform case-by-case examinations, assessment procedures or public consultations, which are to be carried out pursuant to Union or national law. Member States should be able to derogate from the general rule by allowing competent authorities not to apply the tacit approval to a specific permit application where the competent authority can demonstrate on the basis of duly substantiated and verifiable evidence that the specific project raises a grave risk to human health, or national security. Risks to human health could also include risks arising from environmental effects. Any derogation should be limited to what is strictly necessary to address the identified risk.
(33) This Regulation is without prejudice to the obligations deriving from international law, where relevant.
(34) Since the objective of this Regulation, namely to provide for streamlined and accelerated permit-granting processes of the Member States for defence readiness projects, cannot be sufficiently achieved by the Member States as diverging legislation to accelerate the permit-granting processes for the defence industry would result in barriers to the functioning of the internal market in the defence sector but can rather, by reason of the necessity to have harmonised Union-wide provisions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as 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 that objective.
(35) This Regulation is without prejudice to the Member States’ responsibility for safeguarding national security and the specific character of the security and defence policy of certain Member States. National security remains the sole responsibility of each Member State,
HAVE ADOPTED THIS REGULATION:
Article 1 Subject matter
This Regulation establishes common rules for the acceleration of permit-granting processes for defence readiness projects.
Article 2 Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘defence readiness project’ means a set of activities, investments and measures aimed at enhancing the defence readiness of one Member State or of more Member States jointly, including through the development or modernisation of the defence industry ▌;
(2) ‘defence industry’ means all undertakings engaged in the research, development, production, manufacture or supply of defence-related products as defined in Article 3, point (1), of Directive 2009/43/EC or in the provision of services directly related to those products for any and all elements of their life cycle;
(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, which relates to defence;
(4) ‘middle capitalisation company’ or ‘mid-cap’ means middle capitalisation company as defined in Article 2, point (15), of Regulation (EU) 2021/697 of the European Parliament and of the Council;
(5) ‘small mid-cap enterprise’ or ‘small mid-cap’ means a small mid-cap enterprise as defined in the Annex to Commission Recommendation (EU) 2025/1099;
(6) ‘small and medium-sized enterprise’ or ‘SME’ means small and medium-sized enterprise as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;
(7) ‘permit-granting process’ means a process that covers all relevant permits, including approvals or licences, necessary to build, expand, convert and operate defence readiness projects or to repurpose any installation, equipment or activity into a defence readiness project and all the necessary administrative steps from the confirmation that the permit application is complete to the notification of the comprehensive decision on the outcome of the process by the single point of contact concerned;
(8) ‘project promoter’ means any undertaking or consortium of undertakings developing a defence readiness project;
(9) ‘comprehensive decision’ means the decision taken by competent authorities that determines whether a project promoter is authorised to implement a defence readiness project, without prejudice to any decision taken in the context of an appeal procedure.
Article 3 Designation of a defence readiness project
Member States shall determine which projects qualify as a defence readiness project under this Regulation.
Article 4 Single point of contact
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 be the sole point of contact for a defence readiness project.
2. Where necessary to reflect its decentralised administrative organisation, a Member State may establish or designate more than one single point of contact pursuant to paragraph 1. That Member State shall ensure that effective coordination mechanisms are established and that they provide tools to help project promoters identify the appropriate single point of contact for a defence readiness project and that that single point of contact acts as the sole interface for that project.
3. The single point of contact shall be responsible for facilitating and coordinating the permit-granting process and for providing information on streamlining the administrative processes in accordance with Article 5, including information to the project promoter on when an application is considered to be completed in accordance with Article 7(1). At the request of the project promoter, prior to the permit application, the single point of contact shall also provide information on the permit-granting process, including the documentation to be submitted as part of the application and the requirements under which a project could be considered a defence readiness project under this Regulation. The provision of such information shall not prejudge the decision of the competent authorities to determine whether a project qualifies as a defence readiness project.
4. As the sole point of contact for the project promoter in the permit-granting process for a defence readiness project, the single point of contact shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the comprehensive decision. Where so provided for by Member States, the single point of contact may also act as a competent authority and issue comprehensive decisions.
5. Project promoters shall be allowed to submit any documents relevant to the permit-granting process in electronic form. Member States shall ensure the digital exchange, including via an interoperable portal where available, of documentation between the competent authority, the single point of contact and the project promoters.
6. The competent authorities, coordinated by the single point of contact, shall ensure that any relevant studies carried out, or permits or authorisations issued, for a given project and project promoters are taken into account and that no duplicate studies, permits or authorisations are required, unless otherwise required under Union or national law.
7. Member States shall ensure that the single point of contact and all competent authorities responsible for any step in the permit-granting processes, including all procedural steps, have sufficient qualified staff and sufficient financial, technical and digital resources ▌ , including, where appropriate, for up- skilling and re-skilling, for the effective performance of their tasks under this Regulation.
8. The competent 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.
9. 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, in particular with technical assistance in establishing or operating a single point of contact and an interoperable portal. The Commission shall make best efforts to treat such requests as priority.
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10. Where a defence readiness project is cross-border within the Union, the Member States concerned shall ensure coordination and the timely exchange of information, without prejudice to national security and confidentiality requirements.
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Article 5 Online accessibility of information
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:
(a) the single points of contact referred to in Article 4(1);
(b) the permit-granting process, including information on dispute settlement concerning the permit-granting process and, where applicable, on alternative dispute resolution mechanisms, if such procedures are provided for by national law;
(c) financing and investment services for defence readiness projects;
(d) funding possibilities at Union and Member State level for defence readiness projects;
(e) business support services, including but not limited to support services for corporate tax declaration, local tax laws or, where relevant and in accordance with national practices, labour law, for defence readiness projects;
(f) guidelines and templates provided for standardised permit applications where available.
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Article 6 Accelerating implementation
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, by providing, inter alia:
(a) assistance regarding compliance with applicable administrative and reporting obligations, including under Union and national health, environmental, safety, social and labour law, where relevant;
(b) assistance to project promoters in informing the public about the project;
(c) assistance to project promoters throughout the permit-granting process ▌ ;
(d) coordination and assistance to project promoters of defence readiness projects with cross-border dimension.
Article 7 Completeness check of the permit application
1. No later than 14 working days from receiving the permit application, the single point of contact shall inform the applicant whether this Regulation applies and confirm whether the permit application received is complete.
2. If during the period referred to in paragraph 1 it is determined that information is missing from the permit application, the single point of contact shall request the project promoter to submit the missing information, specifying which information is missing.
If the submitted permit application is deemed to be incomplete for a second time, the single point of contact may, within 10 working days of the second submission, make a second and final 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. If the submitted permit application is deemed incomplete for a third time, the process shall be considered terminated for the purposes of this Regulation.
3. Where an environmental impact assessment report or other assessments are required as part of the permit application, a permit application shall be considered to be complete for the purposes of this Regulation only once the part of those assessments falling under the responsibility of the project promoter have been carried out and included in the permit application.
4. The date on which the single point of contact notifies the project promoter that it has received a complete permit application shall serve as the start of the permit-granting process.
Article 8 Duration of the permit-granting process
1. The permit-granting process, including the granting of the relevant permit, shall not exceed 42 working days from the date on which the single point of contact notifies the project promoter that it has received a complete permit application in accordance with Article 7(1) and (4).
2. The single point of contact shall, in close cooperation with the competent authorities, draw up a schedule for the permit-granting process and share that schedule with the project promoter, at the start of the permit-granting process.
3. 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.
4. Where a defence readiness project requires the construction of several facilities or units, whether located on a single site or across multiple sites, the project promoter may, in agreement with the single point of contact, split the project into ▌ smaller projects for the purpose of complying with the applicable time limits. For such split projects, the start date of the permit-granting process for all projects remains the date on which the single point of contact notifies the project promoter that it has received a complete permit application in accordance with Article 7 (1) and (4).
5. By way of derogation from paragraph 1, and on a case-by-case basis, the competent authority may extend the time limit referred to in paragraph 1 twice, up to a maximum of 60 working days, where:
(a) the exceptional ▌ nature, complexity, location, or size of the ▌ project so requires; or
(b) the defence readiness project raises exceptional risks to the health and safety of workers or the general population, or an exceptional environmental risk, and additional time is necessary to adequately assess those risks.
In the cases referred to in the first subparagraph, the total duration of the permit-granting process shall not exceed 102 working days.
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6. Any extension of the time limit referred to in paragraph 1 shall be notified in writing by the single point of contact to the project promoter within reasonable time before the expiry of that time limit. That notification shall include the substantiated explanation of the reasons for the extension and ▌ the expected date of the comprehensive decision ▌ .
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7. The time limits set out in this Article for any of the permit-granting processes shall be without prejudice to any shorter time limits established by Member States.
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 or, where applicable, the extended time limit, in accordance with paragraph 5 ▌ , the permits covered by the application shall be deemed to be granted. ▌
9. Where permits are deemed to be granted pursuant to paragraph 8, the single point of contact shall within eight working days from the expiry of the time limits set out pursuant to paragraphs 1 and 5, inform the project promoter thereof and, where relevant, specify the conditions and requirements to which those permits are subject, in accordance with applicable Union or national law. Member States shall ensure that permits deemed to be granted pursuant to paragraph 8 may be challenged by affected parties.
10. By way of derogation from paragraph 8, Member States may, in national law adopted by… [12 months after the entry into force of this Regulation], provide that tacit approval in accordance with paragraph 8 shall not apply in strictly limited and exceptional cases. A decision not to apply tacit approval shall be made only following a case‑by‑case assessment, where the competent authority demonstrates, on the basis of duly substantiated and verifiable evidence, that the specific project raises a grave risk to human health or national security.
Any derogation shall be limited to what is strictly necessary to address the identified risk. Member States shall notify the Commission of the adoption of such national law without undue delay, and at the latest one month before it becomes applicable. Any decision not to apply tacit approval to an individual permit application shall be without prejudice to the time limits set out in paragraphs 1 and 5 and shall be adopted and notified to the project promoter before the expiry of the time limits set out therein. It shall include a detailed, evidence‑based justification demonstrating compliance with the conditions set out in this paragraph.
Article 9 Planning
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 projects and ▌ necessary infrastructure. To facilitate the development of defence readiness projects, Member States shall ensure that non-confidential relevant spatial planning data are available online in accordance with Article 5 as well as with applicable Union and national law.
2. Where plans include provisions for the development of defence readiness projects, and their required infrastructure, and are subject to an assessment pursuant to Directive 2001/42/EC of the European Parliament and of the Council and pursuant to Article 6 of Council Directive 92/43/EEC, those assessments shall be combined. Where applicable, the combined assessment shall also address the impact on potentially affected water bodies referred to in Directive 2000/60/EC of the European Parliament and of the Council.
Where relevant Member States are required to assess the impact of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU of the European Parliament and of the Council, that impact shall also be covered in the combined assessment. The fact that assessments are combined pursuant to this paragraph shall not affect their content or quality. The combined assessment shall be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation.
Article 10 Priority status of defence readiness projects
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 urgency procedures, provided that the applicable rights of defence and the right to an effective remedy of individuals or of local communities are respected. Project promoters shall participate in such urgency procedures, where applicable.
Article 11 Applicability of UNECE Conventions
This Regulation is without prejudice, where relevant, to the obligations under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on Environmental Impact Assessment in a Transboundary Context, signed at Espoo on 25 February 1991 and its Protocol on Strategic Environmental Assessment, signed in Kyiv on 21 May 2003.
Article 12 Monitoring and reporting
1. Each Member State shall submit to the Commission, annually, a statistical report on the application of this Regulation, including the total number of permit applications granted, including those granted tacitly, pursuant to the procedures established by this Regulation.
2. Member States shall inform the Commission about specific measures adopted to encourage and facilitate the participation of SMEs in defence readiness projects in accordance with Article 6.
3. The Commission shall, in cooperation with Member States, assess the performance of the single points of contact, based on the data reported pursuant to paragraph 1. The Commission shall make the aggregated results referred to in paragraph 1 publicly available online, without prejudice to the protection of sensitive information relevant to national security and confidentiality requirements.
Article 13 Review and evaluation
1. By 31 December 2028 and every four years thereafter, the Commission shall carry out an evaluation of the implementation of this Regulation. The Commission shall present a report on the main findings of the evaluation to the European Parliament and the Council. The evaluation shall include, at least, an assessment of:
(a) whether the procedures established by this Regulation effectively contribute to the objectives of this Regulation, in particular as regards the timeline of the permit-granting process and the participation of SMEs in defence readiness projects;
(b) the application of the tacit approval mechanism across Member States and its contribution to the objectives of this Regulation.
2. Member States may provide to the Commission any information that the Commission may require to draw up the report referred to in paragraph 1, without prejudice to the protection of sensitive information relevant to national security and confidentiality requirements. Where the Commission considers it appropriate, the report shall be accompanied by a legislative proposal.
Article 14 Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply only to permit applications for defence readiness projects submitted from … [3 months after the entry into force of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament For the Council
The President The President
Or. en