Acceleration of permit-granting for defence readiness projects

PURPOSE: to streamline permitting processes for defence readiness projects.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the EU is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 2030, linked in particular to the return of full-scale conflict in Europe.

Russia's invasion of Ukraine has exposed vulnerabilities in the European defence landscape, highlighting the importance of a cohesive and resilient defence industrial base. A well-functioning European defence market is essential to ensure that Member States have access to the necessary defence capabilities, technologies and products to respond effectively to current and future security challenges.

To help Member States and industry strengthen their defence capabilities and infrastructure to achieve the levels of preparedness and deterrence required to face a high-intensity conflict, it is essential to simplify and harmonise regulations. 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.

n the case of streamlining permitting processes, 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. 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.

This proposal is a part of the Defence Readiness Omnibus.

CONTENT: the proposed Regulation sets up streamlined permitting processes for defence readiness projects. It introduces a fast-track permitting regime for defence projects with the following provisions:

Single points of contact : all defence preparedness projects will benefit from the designation by Member States of a national competent authority as a single point of contact, which will be responsible for coordinating and facilitating the granting of authorisations, providing advice to economic operators and ensuring that information is publicly accessible and that all documents can be submitted electronically.

Procedure for granting authorisations : while the EU-wide authorisation process can take several years, the proposal reduces this timeframe to 60 days. The accelerated procedure provides that if no response is received within the given timeframe, an authorisation will be deemed to have been granted. This will speed up the authorisation process, allowing defence companies to start their projects earlier, reduce delays and minimise the costs associated with these projects.

Administrative support for projects : Member States will provide administrative support to defence preparedness projects carried out on their territory, paying particular attention to SMEs and mid-cap companies, including small mid-cap companies, participating in such projects, including by providing assistance with respect to compliance with applicable administrative and reporting obligations, as well as assistance to project promoters throughout the permit granting procedure.

Priority status : Member States should ensure that project promoters have access to simple dispute resolution procedures and that defence preparation projects are given urgent treatment in all administrative, judicial and dispute resolution procedures affecting them, to the extent that national law provides for such urgent procedures.