A four-column table circulated by the Council on 10 July 2026, ahead of a trilogue scheduled for 4 September 2026, compares the Commission, European Parliament, and Council positions on a proposed Regulation to facilitate military transport across the Union. The document, which serves as a negotiating tool for inter-institutional talks, highlights key differences on legal basis, scope, and the inclusion of allied forces and Ukraine cooperation.
The Commission's original proposal, tabled under Articles 91 and 100(2) TFEU, is supported by the European Parliament, but the Council adds Article 172 TFEU as an additional legal basis. The Council also specifies that the Regulation's scope covers "military transport" and includes a recital stating that the Regulation shall not apply to the external border of the EU in respect of Gibraltar, where only the specific EU-UK Agreement applies. The European Parliament, in its mandate, adds references to Russia's war against Ukraine, cooperation with Ukraine, a "whole-of-society" approach, and allied countries' armed forces. The Council, meanwhile, inserts a recital on Member State sovereignty over airspace under the Chicago Convention and the special status of the Åland Islands.
On permissions, both the European Parliament and the Council support a standing military transport permission valid until revoked, with the Parliament adding provisions on digitalisation and intermodal transport. The forthcoming trilogue will need to reconcile these positions, which also diverge on the inclusion of allied forces and Ukraine cooperation, as well as on the Gibraltar and airspace sovereignty clauses. The Regulation aims to establish a framework of measures to facilitate the movement of military equipment, goods, and personnel across the Union, addressing long-standing bottlenecks in military mobility within the EU.