Acceleration of permit-granting for defence readiness projects (Omnibus V)

The European Parliament adopted by 540 votes to 105, with 22 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the acceleration of permit-granting for defence readiness projects.

The proposed regulation establishes common rules for the acceleration of permit-granting processes for defence readiness projects. Member States should determine which projects qualify as a defence readiness project under this regulation.

The European Parliament adopted its position at first reading by amending the Commission's proposal as follows:

Single point of contact

No later than 3 months after the date of entry into force of the regulation, each Member State should establish a single contact point as the sole contact point for the project in matters of defence readiness. The single point of contact should be the sole point of contact for a defence readiness project. At the request of the project promoter, prior to the permit application, the single point of contact should 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 should not prejudge the decision of the competent authorities to determine whether a project qualifies as a defence readiness project.

The Commission should 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.

Completeness check of the permit application

No later than 14 working days from receiving the permit application, the single point of contact should inform the applicant whether the permit application received is complete. If information is missing from the permit application, the single point of contact should 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. If the submitted permit application is deemed incomplete for a third time, the process should be considered terminated.

Duration of the permit-granting process

The permit-granting process, including the granting of the relevant permit, should 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.

The competent authority may extend the time limit twice, up to a maximum of 60 working days, where:

- the exceptional nature, complexity, location, or size of the project so requires; or

- 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.

The total duration of the permit-granting process should not exceed 102 working days.

Any extension of the time limit should 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 should include the substantiated explanation of the reasons for the extension and the expected date of the comprehensive decision.

Where the single point of contact does not inform the project promoter of the outcome of the permit-granting process within 42 days or, where applicable, the extended time limit, the permits covered by the application should be deemed to be granted.

Where permits are deemed to be granted, the single point of contact should within eight working days of the expiry of the 42-day or, where applicable, 102-day period inform the project promoter and, where relevant, specify the conditions and requirements to which those permits are subject. Permits deemed to be granted may be challenged by affected parties.

Member States may, within 12 months after the entry into force of this regulation, provide that tacit approval should not apply in strictly limited and exceptional cases. A decision not to apply tacit approval should 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. In such cases, the Commission must be informed no later than one month before the entry into force of the national provision.

The individual decision to disregard tacit approval must be made and notified before the expiry of the 42 or 102 day period.

Monitoring, reporting, evaluation

Each Member State should 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. Member States should inform the Commission about specific measures adopted to encourage and facilitate the participation of SMEs in defence readiness projects.

No later than 31 December 31, and every four years thereafter, the Commission should carry out an evaluation of the implementation of the regulation.