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25.11.2025

Legal Alert | The European Commission’s Proposal for a Military Schengen

Legal Alert | The European Commission’s Proposal for a Military Schengen

The European Commission has presented a draft Regulation aimed at establishing, by 2027, a Union-wide framework for military mobility, based on the recognition that European military mobility remains constrained by fragmented rules, inadequate infrastructure, and insufficient coordination. The proposal introduces harmonised rules for the movement of military equipment, including maximum authorisation periods of three days, common customs templates, the elimination of annual licence renewal, exemptions from certain civil transport rules, and the possibility for third countries that are NATO members to benefit from these measures. It also includes a new mechanism for simplified procedures in emergencies, continued investment in 500 identified hotspots with a budget allocation of €17.7 billion, the strengthening of civil infrastructure against cyberattacks and hybrid threats, a logistical solidarity mechanism, and a military mobility catalogue. The success of this agenda will depend on the assessment by the European Parliament and the Council of the European Union under the ordinary legislative procedure.

On 19 November, the European Commission (Commission) presented a ​proposal for a Regulation​ establishing a framework of measures to enable a faster, more predictable and safer transport of military equipment.

According to its proposal, the Commission intends to create a Union-wide military mobility framework by 2027, which will be based on a strategic vision aligned with the security challenges currently facing the European Union.

The Commission’s proposal assumes that European military mobility, particularly after Russia’s invasion of Ukraine, continues to be constrained by fragmented regulatory regimes, inadequate infrastructure (especially transport) and insufficient coordination between Member States. In this context, the Commission considers military mobility to be a decisive instrument for strategic credibility and for strengthening the Union’s operational readiness and resilience.

The Commission proposes to establish uniform rules for the movement of military equipment, replacing the current context of scattered and uncoordinated national rules that create additional delays and administrative burdens.

To this end, the Commission proposes (i) the creation of faster procedures and shorter deadlines for authorising the movement of equipment, with the aim of limiting the maximum time for authorisations to three days; (ii) the creation of common customs templates; (iii) the elimination of the need for annual renewal of transfer licences; (iv) the exemption from verification of certain civil transport rules (namely, the ban on driving on public holidays) and (v) the possibility for non-EU members of NATO to benefit from these rules in movements related to the Union’s security.

Similarly, the Commission proposes the creation of a new mechanism designed to allow simplified procedures and prioritise military transport in times of emergency, whether provided by military institutions or private companies.

Another key element highlighted by the Commission is the effort to continue modernising European infrastructure, whose capacity to support vehicles essential for the transport of military equipment, such as heavy vehicles, non-standard loads and large-scale movements, remains limited. In order to overcome this limitation, the Commission will continue to invest in the 500 hotspots identified to improve military transport, proposing, in the new Multiannual Financial Framework, an allocation of EUR 17.7 billion for this area.

The priorities set by the Commission also emphasise the need to strengthen civilian infrastructure against increasing exposure to cyberattacks and hybrid threats and propose the creation of a logistical solidarity mechanism to mitigate inequalities between Member States, thereby contributing to enhancing the Union’s response capacity. Finally, based on this cooperative approach, the Commission proposes the creation of a military mobility catalogue where companies can advertise their transport capabilities and Member States can contract these services.

In summary, the Commission’s proposal sets out an ambitious agenda, the effective implementation of which will depend on the outcome of the analysis by the European Parliament and the Council of the European Union under the ordinary legislative procedure.

The ​Morais Leitão​ team will continue to monitor developments in the ​defence​ sector and remains entirely available to clarify any additional questions.