Changes from plenary report to adopted text

Added3. 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.

Added4. 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).

Added5. 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:

Added(a) the exceptional ▌ nature, complexity, location, or size of the ▌ project so requires; or

Added(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.

AddedIn the cases referred to in the first subparagraph, the total duration of the permit-granting process shall not exceed 102 working days.

Added▌

Added6. 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 ▌ .

Added▌

Added7. 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.

Added8. 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. ▌

Added9. 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.

Added10. 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.

AddedAny 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.

AddedArticle 9 Planning

Added1. 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.

Added2. 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.

AddedWhere 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.

AddedArticle 10 Priority status of defence readiness projects

AddedAll 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.

AddedArticle 11 Applicability of UNECE Conventions

AddedThis 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.

AddedArticle 12 Monitoring and reporting

Added1. 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.

Added2. 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.

Added3. 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.

AddedArticle 13 Review and evaluation

Added1. 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:

Added(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;

Added(b) the application of the tacit approval mechanism across Member States and its contribution to the objectives of this Regulation.

Added2. 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.

AddedArticle 14 Entry into force and application

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedIt shall apply only to permit applications for defence readiness projects submitted from … [3 months after the entry into force of this Regulation].

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President