Commission Implementing Regulation (EU) 2021/1328 of 10 August 2021 specifying the infrastructure requirements applicable to certain categories of dual-use infrastructure actions pursuant to Regulation (EU) 2021/1153 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (1) and in particular Article 12(2) thereof,

Whereas:

(1) One of the specific objectives of the Connecting European Facility is to adapt parts of the trans-European transport network for a dual-use of the transport infrastructure in view of improving both civilian and military mobility. Actions or specific activities within an action, supporting parts, new or existing of the trans-European transport network suitable for military transport, in order to adapt it to dual-use transport infrastructure requirements, are eligible to receive Union financial assistance under Regulation (EU) 2021/1153 under certain conditions.

(2) The transport infrastructure requirements applicable to certain categories of dual-use infrastructure actions should be specified. The dual-use transport infrastructure requirements should be based on the information contained in the updated military requirements (2) and the gap analysis (3), and the results of consultations with the representatives of European and international transport associations should be taken into account.

(3) The dual-use requirements should represent generic technical values and standards for transport infrastructure projects, to be taken into account with regard to the actions under Regulation (EU) 2021/1153, contributing to the adaptation of the TEN-T core or comprehensive networks with the purpose of enabling a civilian-defence dual use of the infrastructure.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Connecting Europe Facility Coordination Committee, established by Regulation (EU) 2021/1153,

HAS ADOPTED THIS REGULATION:

Article 1

The transport infrastructure requirements provided for in Article 12(2) of Regulation (EU) 2021/1153 shall be as set out in the Annex.

Article 2

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

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

Done at Brussels, 10 August 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 249, 14.7.2021, p. 38.

(2) Military Requirements for Military Mobility within and beyond the EU (ST 11373/19; 19.7.2019)

(3) ‘Military requirements and trans-European transport network: gap analysis (SWD(2019) 175 final)’ as well as ‘the updated gap analysis between military requirements and trans-European transport network requirements’ (SWD(2020) 144 final).