EU military mobility: trust and legal certainty key for civilian operators

IRU welcomes the progress made by the Council and the European Parliament on new EU rules to facilitate military mobility, while calling for stronger safeguards to ensure civilian road transport operators can effectively support defence logistics and mobility in times of crisis.

The Council and European Parliament have now both adopted their negotiating positions, paving the way under the Irish Presidency for a final agreement on the new EU military mobility rules.

IRU EU Advocacy Director Raluca Marian said, "IRU welcomes these almost coordinated moves by the two co-legislators.

"For the civilian road transport industry, this is an essential file to support transport and logistics needs in times of crisis, based on mutual trust."

While the Council and European Parliament share the same overall objective of strengthening Europe's preparedness and resilience, important differences remain in their approaches.

A key divergence concerns the framework governing the rights and obligations of civilian operators supporting military transport. The European Parliament favours a stronger common framework at EU level, particularly regarding compensation and liability, while the Council leaves greater discretion to Member States, risking fragmented national approaches.

IRU also welcomes the recognition by both institutions of the need for close cooperation between military authorities and the civilian transport industry. The Council's position also recognises the value of involving other relevant stakeholders and bodies where appropriate.

However, despite these positive developments, both institutions have made only limited progress towards a more harmonised framework governing the relationship between military authorities and civilian transport operators across the EU.

Important questions relating to liability, compensation, contractual arrangements and operator protection remain either insufficiently addressed or largely left to national discretion. This risks creating a fragmented landscape where operators may face different rules and levels of protection depending on the Member State concerned.

"Military mobility cannot, however, be built on operational requirements alone. It must be underpinned by a coherent framework defining the rights and responsibilities of all parties," said Raluca Marian. "The European Parliament has taken important steps in that direction. The Council, however, continues to leave key questions relating to compensation, liability and operator protection largely fragmented across 27 national systems."

"A genuine partnership is built on mutual trust. That trust requires clear obligations, strong safeguards and fair treatment for all actors involved. If the EU wants civilian operators to stand ready in times of crisis, it must provide them with the legal certainty and predictability that such a responsibility deserves. This is clearly another area where the European Parliament and the Council still need to do more to ensure that the involvement of the civilian industry is as efficient and effective as possible," she added.

IRU also regrets that neither institution has made significant progress in addressing the different rules that apply to transport operations carried out directly by armed forces and those outsourced to civilian operators.

This includes differences in exemptions from traffic bans and the application of social and road safety rules, including driving and rest time requirements. Such disparities can create operational obstacles and discourage the efficient use of civilian transport resources precisely when they are most needed.

Another key issue concerns the treatment of civilian transport during periods of military crisis. Even in situations involving heightened tensions, hybrid threats or military operations, civilian transport does not stop. Operators continue to deliver food, medicines, industrial inputs, energy products and other essential goods that keep economies and societies functioning.

The EU's resilience depends not only on the ability to move military assets, but also on maintaining the civilian supply chains that support the economy, which in turn sustains defence capabilities.

IRU therefore stresses that discussions on compensation should not be limited to the remuneration of transport services provided to military authorities. Equal attention should be given to situations where military transport receives operational priority and civilian operators consequently suffer economic losses because they are temporarily unable to perform commercial transport activities.

Without adequate safeguards, military prioritisation measures could unintentionally weaken the civilian transport sector and the wider economy on which Europe's resilience ultimately depends.

"Establishing transparent obligations and rights for all parties involved is essential to build a relationship based on trust, which is key to efficient cooperation in very difficult and challenging circumstances," concluded Raluca Marian. "Fair compensation for services rendered, as well as appropriate safeguards for operators adversely affected by military priority measures, are at the core of such a partnership."

IRU remains committed to working with the European Parliament, Council and European Commission to facilitate a final agreement that is mutually beneficial for all stakeholders concerned and strengthens both the EU's defence preparedness and the economic resilience that underpins it.