The European Ecodesign Regulation (ESPR), in force since 2024, introduces a ban on the destruction of unsold textiles and footwear: effective from 19 July 2026 for large companies and from 2030 for medium-sized enterprises.

For fashion and luxury companies, this is not just a sustainability issue: it is a concrete contractual and operational matter that must be addressed immediately, with increased obligations for transparency and traceability throughout the entire product lifecycle.

But what are the legal and organizational impacts?

According to Chiara Caliandro, interviewed on the topic by Luxury&Finance, “the management of production and excess stock will take on an even more strategic contractual role. Starting from production and orders, contracts will need to include clauses aimed at reducing the risks of overproduction, with greater use of flexible orders, lower guaranteed minimums, split production, and volume review clauses.”

The supply chain must be mapped from the outset: the new transparency and traceability requirements expose companies to reputational risks.

It is therefore essential to begin a preventive contractual review now, without waiting for the regulation to come into force.

READ THE FULL ARTICLE IN ITALIAN

DOWNLOAD THE FULL ARTICLE

The post NEW EU RULES STOP THE DESTRUCTION OF UNSOLD TEXTILES THE IMPACT ON THE FASHION SYSTEM appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 11 February 2026, the Commission presented a new Action Plan on Drone and Counter Drone Security[1] designed to support Member States in boosting Europe’s defence readiness through innovation and industrial cooperation.

Part of a broader set of initiatives brought forward by the Commission to reinforce the Union’s internal security and defence priorities[2], the Plan finds its rationale in the fact that the recent incidents involving malicious or irresponsible use of drones entail growing security challenges for the Union. Despite the use of airborne drones is governed since 2019 by a harmonised regulatory framework, drones have been repeatedly used trespassing on Member States’ airspace, disrupting airport operations and causing near misses with civilian aircraft. The Plan focuses primarily on the civilian internal security side, where important gaps and loopholes remain to be taken care of, recommending actions that can be implemented in the short-term while also designing measures for longer-term preparedness.

The Plan is built around 4 key priorities.

First, since drones are evolving rapidly in terms of, amongst the others, speed, range, payload, autonomy and resistance to electronic warfare, counter-drone systems must also adapt fast to keep up with these improvements. Given the urgent need to increase coherence between the several EU instruments and national investments with a view to avoid overlaps, the Commission proposes a coordinated framework to boost the technological development and the production of drones and counter-drone systems building on i) investing where it really matters, ii) a new approach to testing innovative solutions, iii)  targeting safety requirements and a certification model for counter-drone systems, iv) interoperability, and v) a drones and counter-drone systems production increase. Moreover, the Commission will, on the one hand, propose a Drone Security Package to adapt the airborne drone framework to nowadays’ security realities and, on the other hand, present regulatory simplification measures for drones aimed at introducing flexibility with regard to, amongst other things, the need of pre-approval by authorities and the associated administrative red tape. Finally, the Commission will issue non-binding guidelines for resilience-enhancing measures, including on countering threats posed by drones and the use of geofencing functionalities[3].

Second, detection, tracking and identification are fundamental in the fight against malicious drone activities, to improve situational awareness of drone operations. Member States, therefore, should ensure that relevant data is shared among competent authorities in civil aviation, law enforcement and the military, thereby allowing to monitor and assess threat levels and ensure a faster response and enforcement against drone operators that do not respect security measures. Moreover, the Commission will launch a call for expressions of interest to Member States and industry to live test and deploy cellular based detection systems including 5G networks, which offer precise and real-time tracking of flying objects.

Third, while operational incident response falls on Member States, coordinated actions at EU level can support them in deploying effective counter-drone solutions, so that a multi-layered approach combining several technical measures to counter the large spectrum of threats posed by non-cooperative drones. More particularly, since, in light of the evolving security situation, critical infrastructures need to be equipped with state-of-the-art latest counter-drone equipment and systems, the Commission will work with Member States to launch an EU Counter-drone Deployment Initiative for Critical Infrastructures as well as to set up Rapid Counter-drone Emergency Response Teams acting as rapidly deployable reserve units and equipped with the latest technologies for detection and response. Moreover, the Commission will support Frontex in training drone and counter-drone pilots, organizing live demonstrations and prize-based innovation challenges in realistic border settings, thereby enhancing the integration of drones and counter-drone skills. The framework of the 2023 Communication on countering threats posed by drones[4] should also be expanded towards a set of common binding and non-binding rules for Member State authorities, private operators and all players involved.

Finally, the Plan highlights the need to further strengthen Europe’s defence readiness to counter drone threats. More particularly, efforts at European level should lead to a comprehensive drone and counter-drone capability and offer a multi-layered and multi-level overarching approach supporting decision-making processes and ensuring a continuous situational awareness. Member States will also need to invest into a mass production capacity for drones and counter-drone systems either to actively deploy them or to stock-pile them as strategic reserve.

Download the article

The post COUNTER DRONE SECURITY. THE COMMISSION PRESENTS ITS EU ACTION PLAN appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 26 February 2026, the Commission presented a new Agenda[1] putting forward a comprehensive set of cross-sectoral initiatives to prevent and counter terrorism by stepping up the EU preparedness and response. Announced in the ProtectEU action[2], the Agenda finds its rationale in the fact that the increasing links between terrorism and other crime areas, as well as the blurred lines between online and physical operations, pose a particular challenge to defining and identifying terrorist offences. Despite the EU has already taken steps to tackle terrorism and violent extremism, the overall threat level remains high, requiring a single action at EU level. The Agenda combines ongoing and new initiatives to keep up with the fast-evolving landscape, anticipate threats, prevent radicalisation, protect people both online and offline and strengthen the global fight against terrorism in line with international law. The Agenda is built around six pillars.

First, the Agenda highlights that the dynamic nature of emerging threats requires, on the one hand, strengthened law enforcement anticipation capabilities and, on the other hand, the ability to identify the risks and opportunities stemming from new technologies. The Agenda, therefore, proposes measures to improve situational awareness and the early detection of emerging threats such as, amongst others, increasing the resources and capacities of intelligence analysis of the EU Single Intelligence Analysis Capacity (SIAC)[3], reinforcing Europol’s analytical support capacities, including open-source intelligence (OSINT) ones, and supporting the testing and deployment of EU-funded solutions to equip law enforcement with state-of-the-art tools.

Second, preventing radicalisation requires a holistic approach and long-term strategies. In particular, minors’ involvement in radicalisation and terrorism affects not only the minors concerned, but likewise communities and society. To prevent minors being radicalised across Europe, the Commission will build on the activities of the Knowledge Hub on Prevention of Radicalisation[4] and focus on early detection, resilience through education and social integration to provide strategic guidance. The Hub will also develop tools to assess and manage risks in the pre-release phase of prisoners who have served their sentence but may have been radicalised. Finally, the Commission will launch a Community Engagement and Empowerment Programme (CEEP) allocating EUR 5 million to equip civil society and practitioners with digital skills for effective online interventions and to amplify the voices of youth engaged in prevention.

Third, despite the EU has built one of the most advanced regulatory frameworks in the world to counter terrorist activity online, extremist networks tend to adapt quickly, exploit emerging technologies and shift from open platforms to closed chats and encrypted services. To ensure people online are adequately protected, the Commission will consider revising the Terrorist Content Online Regulation[5] to keep it fit for purpose and enforcing the Digital Services Act (DSA)[6]. Furthermore, the Commission will upgrade the EU Crisis Protocol[7] into an EU Online Crisis Response Framework to be relied on by Member States where an incident leads to heightened online activity related to an attack and to anchor it in the DSA environment, thereby ensuring a coordinated response to crises.

The Commission also intends to make sure people are protected in the physical environment. Since timely access to data is cardinal to identifying foreign terrorist fighters and terrorist suspects at borders, the Commission, together with Europol, will strengthen cooperation with trusted third countries to obtain biographic and biometric data on individuals that might pose a terrorist threat, for them to be inserted into the Schengen Information System (SIS) in full compliance with applicable EU and national legal frameworks. Furthermore, the Commission will explore options to expand the framework on advanced travel information to include private flights, maritime and land transport, which is currently limited to commercial air transport thereby resulting in legal and operational loopholes that terrorists may exploit to move across the EU.

Fourth, to ensure a swift and coordinated response to terrorist threats and attacks, the law enforcement and judicial agencies need to be further strengthened across Europe, and further efforts are called for to close the remaining gaps and foreclose counter terrorist financing. In this regard, the Commission will launch a study to assess and identify the appropriate measures to establish a future EU-wide system to enable the retrieval of financial data for the purpose of tracking terrorist financing and organised crime as well as revise Europol and Eurojust’s mandates. Moreover, the Commission will support closer cooperation and information sharing between financial intelligence units, law enforcement, financial institutions and online service providers. Finally, since the external and internal dimensions of terrorism and violent extremism are intrinsically linked, the Commission will strengthen international cooperation with trusted partner countries following a human-rights based approach.  

Download the article

The post COUNTERTERRORISM. THE COMMISSION PRESENTS A NEW AGENDA appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 26 February 2026, the Commission presented a Proposal[1] for a Directive to combat firearms trafficking and other firearms-related offences in the EU.

Part of ProtectEU[2], the Proposal finds its rationale in the fact that criminal demand and access to firearms, which pose a serious threat to EU citizens’ security as they enable a wide range of serious and organised crimes, are increasing and leading to more violent accidents in some Member States. Despite the EU has engaged at international level in actions to control firearms, there are still significant differences among Member States in how firearm-related crimes are defined and punished, leading to a fragmented legal framework across the Union. The Proposal aims to protect European citizens from the threat of illicit firearms by reducing their number and the related criminal activities, harmonising firearm offences and penalties across Member States and improving data quality and availability to better understand and address the threat.

The Proposal introduces harmonised definitions for offenses such as, amongst the others, illicit manufacturing, trafficking and possession of firearms or falsification and modification of markings on firearms[3]. Member States should take the necessary measures to ensure that such criminal offences are punishable by effective, proportionate and dissuasive criminal penalties, setting an upper limit depending on the type of offence[4]. Member States should ensure that also legal persons can be held liable for the criminal offences committed for their benefit by a person who has a leading position therein and who acts individually or as part of one of their organs on the basis of a power of representation, an authority to take decisions on their behalf or an authority to exercise control[5].

Member States will need to adopt, within their national legal systems, the measures necessary to prevent the illicit manufacturing and trafficking in firearms, their essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons[6]. Moreover, they should also take the necessary measures to provide for a sufficient limitation period after the commission of the criminal offences, to be related to their gravity, enabling for the investigation, prosecution, trial and adjudication of those offences to be tackled effectively[7].

Each Member State should establish its jurisdiction over the criminal offences of which the Proposal is comprised, where the offence was committed i) in whole or in part within its territory, ii) on board a ship or an aircraft registered in that Member State or flying its flag, or iii) by one of its nationals. A Member State should inform the Commission where it decides to extend its jurisdiction to one or more criminal offences committed outside its territory, where i) the offender is a habitual resident therein, ii) the offence is committed for the benefit of a legal person established in its territory or in respect of any business done in whole or in part on its territory, or iii) the offence is committed against one or more of its nationals or habitual residents. Where a criminal offence falls within the jurisdiction of more than one Member State, they should cooperate to determine which one is to conduct the criminal proceedings[8].

Each Member State will designate a single National Firearms Focal Point for coordination and cooperation among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences, provided with an appropriate structure as well as sufficient staff and resources to ensure their continuous operation and effective functioning[9].

Finally, the Proposal introduces new measures to improve the collection and standardisation of available data on firearms. More particularly, Member States should ensure that firearms seized by law enforcement or other competent agencies are registered using the minimum dataset set out in the Annex, which was developed in cooperation with practitioners and includes basic information such as the model and type of firearm[10]. Moreover, Member States should gather existing statistical data in relation to the several firearms-related offences through a digital system and share it with the Commission every five years[11].

Download the article

The post TRAFFICKING OF ILLICIT FIREARMS. THE COMMISSION’S PROPOSAL FOR A DIRECTIVE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 9 July 2025, the Commission launched two initiatives which, following its Preparedness Union Strategy[1], aim at ensuring continuity of essential goods and lifesaving medical supplies for European citizens and companies at all times, and in particular during crises.

The EU Stockpiling Strategy[2] finds its rationale in the fact that the coronavirus pandemic exposed the vulnerabilities in the EU’s supply chains related to medical products, energy, agri-food and critical raw materials, which was further worsened by the Ukrainian crisis, underscoring the strategic importance of reliable access to affordable energy, critical technologies and infrastructures. The EU, indeed, is presently facing an increasingly complex and deteriorating risk landscape marked by rising geopolitical tensions, climate change, environmental degradation and hybrid and cyber threats. The Stockpiling Strategy introduces a comprehensive approach addressing the entire stockpiling cycle and applying to essential goods, that is, any physical object necessary to maintain vital societal functions, thereby dealing with the EU framework’s shortcomings by identifying seven key areas for action.

In the first place, the Commission will establish an EU stockpiling network with Member States, which, on the one hand, will work as a forum for discussion on best practices regarding, amongst other things, foresight, anticipation, strategic planning and cost-efficiency assessments and, on the other hand, deploy an advisory role, formulating recommendations on issues such as volume requirements, oversight systems and coordination of minimum requirements.

Second, given that stockpiling is expensive and can create market imbalances, Member States should try ensuring the availability of essential goods in their planning processes and assess the relevant stockpiling methodology. The Commission, therefore, will map sectoral supply chain monitoring mechanisms and incorporate security of supply risks and supply chain vulnerability assessments into the envisaged comprehensive EU risk and threat assessment, to avoid or overcome supply shortages or supply chain disruptions.

Third, the Strategy highlights the need for the EU to maintain and scale up its strategic reserves, building on the current rescEU model[3] and expanding it to cover larger capacities. Furthermore, the Commission will continue to encourage efficient stockpiling management practices such as, amongst others, on advanced technology or systems in place or skilled professionals to design and manage stockpiles.

Fourth, since ensuring the availability of essential goods in times of crisis across sectors depends on robust and interoperable transport, logistics and stockpiling infrastructures, the EU will enhance cooperation and coordination to create adaptable policies and regulatory frameworks by simplifying procedures for moving and allocating resources across borders and providing targeted flexibility in transport regulations.

Fifth, together with the European External Action Service (EEAS), the Commission will, on the one hand, facilitate discussions within the EU stockpiling network to exchange best practices on civil-military cooperation and, on the other hand, expand existing staff cooperation with NATO to address material preparedness and stockpiling. In many crisis scenarios, civil-military cooperation is indispensable: countering and managing the consequences of all forms of attacks depends significantly on civilian capabilities and resources, while the military relies on the functioning of wider societal systems to develop and maintain its material readiness, logistical capability and resilience.

Similarly, public-private cooperation could help reaching out to relevant businesses to build a preparedness fit to address or anticipate supply chain bottlenecks or risks and support stockpiling and emergency production. Furthermore, such cooperation could facilitate a mapping of key European companies involved in material preparedness and promote the exchange of best practices to support Member States’ and the companies’ efforts to become more resilient to internal and external shocks to stockpiling flows.

Finally, the EU should strengthen collaboration with neighbourhood countries on crisis preparedness, given that their security and resilience are closely interlinked and constitute a factor of stability.

The Medical Countermeasures Strategy[4], instead, finds its rationale in the fact that despite being better prepared than during the coronavirus pandemic, the EU is still exposed to a wide range of health threats for which medical countermeasures are often scarce or unavailable. The Strategy, therefore, aims at proactively protecting people from health threats by acknowledging that medical countermeasures are fundamental to make the EU stronger and healthier and better prepared and, as such, need to be accessible  at all times.

In the first place, the Strategy highlights the need for a robust foresight and anticipation system monitoring threats requiring medical countermeasures in an all-hazard approach, to ensure that the EU can rapidly develop and deploy medical countermeasures to respond to health emergencies. The Commission will continue to develop and operationalise its medical countermeasures intelligence system, the Advanced Technology for Health Intelligence and Action IT system (ATHINA), whose first modules became operational in 2025 and which will integrate existing public health and supply chain data collected and analysed through systems operated by, amongst the others, the European Medicines Agency (EMA) and the European Centre for Disease Prevention and Control (ECDC).

Second, building on the expertise and mandate of the ECDC, and in line with the ambitions set out in the Preparedness Union Strategy, the Commission will further strengthen its capacity to detect and assess threats taking an all-hazard and whole-of-society approach, covering traditional health threats like disease outbreaks, the impacts of chemical, biological, radiological and nuclear (CBRN) incidents as well as armed conflicts and mass casualty events in the EU or its neighbourhood.

Third, to maximise the impact of EU funding and better use the potential of the EU budget to accelerate the development of medical countermeasures, the Commission will develop a Medical Countermeasures Accelerator tool by 2025, which will work as an integrated and simplified framework to speed up the development of medical countermeasures and support innovators throughout the whole cycle. Currently, the EU funding tools to advance the research and development of medical countermeasures are fragmented across several programmes, thereby hindering an efficient and coherent progress. Functioning as a one-stop-shop, the Accelerator will ensure instead a fair, transparent and competitive process through catalytic actions and support to innovation enablers, ensuring synergies, financial instruments available in EU programmes and avoiding duplication.

Fourth, the Commission will launch the Rapid Agile Manufacturing Partnership for Union Protection (RAMP UP), a voluntary network of EU-based pharmaceutical manufacturers, innovators and suppliers which will create a rapid-response industrial force to protect citizens in times of crisis by collecting essential information on medical countermeasures, manufacturing capacities during preparedness times and enabling the EU institutions to identify supply chain risks and respond swiftly to emergencies.

Finally, the Commission will continue to work with Member States to ensure rapid and equitable access to medical countermeasures. More particularly, the Commission will take into consideration revising the 2014 Joint Procurement Agreement for medical countermeasures[5] to align it with the new Financial Regulation[6] and make it better fit for nowadays’ needs for procurement. Furthermore, the Commission will facilitate swift response to health emergencies by supporting local detection of threats by easily deployable, ready-to-use laboratories for biological and chemical hazards in emergency situations, allowing affected communities to receive the diagnostic support they need.

Download the article

[1] For further information see our previous article, available at the following LINK.

[2] Com. Comm. COM(2025) 528 final of 09.07.2025, EU stockpiling strategy: Boosting the EU’s material preparedness for crises.

[3] For further information see our previous article, available at the following LINK.

[4] Com. Comm. COM(2025) 529 final of 09.07.2025, Preparing the EU for the next health crisis: a Medical Countermeasures Strategy.

[5] Available at the following LINK.

[6] Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union, OJ L 2024/2509 of 26.09.2024.

The post CRISIS READINESS AND HEALTH SECURITIES. THE COMMISSION LAUNCHES TWO NEW STRATEGIES appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 17 June 2025, the Commission proposed a series of measures, laid down in a so-called “Defence readiness Omnibus”[1], aimed, on the one hand, at helping Member States to scale up their defence capabilities and infrastructures to reach the levels of readiness required to prepare for and deter future conflicts and, on the other hand, to speed up defence investments and production to make the EU more responsive to security challenges.

The Defence Omnibus restates the White Paper for European Defence-Readiness 2030’s rationale[2] that massive investments over a sustained period are fundamental to build a truly independent Europe and fill the substantial gap in defence spend that has accumulated over the last decades. Complementing the amendments presented in April 2025 to existing EU funding programmes[3], therefore, the Defence Omnibus introduces ambitious proposals in defence-specific legislation and programmes as well as in non-defence-specific ones, to remove regulatory barriers and facilitate EU defence readiness and industrial capacity.

In the first place, the Proposal aims to simplify the Defence and Sensitive Security Procurement Directive[4] to address the need for Europe to rebuild its defence vision, give more flexibility to common procurements by several Member States and boost innovative solutions necessary to achieve defence readiness by 2030. The availability of procurement contracts and the long-term predictability of demand are fundamental for industry to ramp up its production and reach defence readiness objectives. The Proposal[5] increases the Directive’s thresholds of applicability to EUR 900.000 for supply and service contracts to enable Member States to reduce the administrative burden on the industry for smaller procurement procedures[6]. Furthermore, to increase the number of ways contracting authorities can carry out public procurement, the Proposal allows them to use the open procedure and the dynamic purchasing system provided for in Directive 2014/24/EU[7] and introduces a simplified procedure for the direct procurement of innovative products or services resulting from competitive parallel research and development projects[8]. Finally, to provide Member States with the necessary flexibility in responding to emerging security challenges and to enable them to quickly acquire the defence capabilities they need, the Proposal introduces a temporary derogation to use of the negotiated procedure without prior publication for common procurements, including off-the-shelf procurement[9].

The Proposal also amends Directive 2009/43/EC[10] to allow the swift transfers of defence-related products within the Union, which in turn will help mobilise the full industrial and technological capacities across Member States, achieve innovation and ensure security of supply. More particularly, upon request of a Member State or on its own initiative, the Commission will be empowered to introduce new cases where Member States may provide for exemptions from prior authorisation for transfers of defence-related products to include, amongst others, those necessary for the implementation of projects funded by EU defence industrial programmes, those in the framework of structured cross-border industrial partnerships and those related to an emergency resulting from a crisis[11]. Furthermore, Member States will be required to enable the introduction of General Transfer Licences[12] other than those already listed in Article 5(2), i.e. regarding EU defence industrial projects[13]. Finally, to facilitate cross-border transactions in supply chains and accelerate the production ramp up, the Commission calls on Member States to refrain from intra-EU transfers limitations for components that will be integrated in a final product in another Member State and cannot be re-exported separately.

In the second place, the Proposal[14] introduces additional flexibility in the European Defence Fund (EDF)[15] implementation. More particularly, the Commission proposes to clarify and simplify the award criteria for the evaluation of proposals and introduces the possibility of selecting only the most relevant ones based on the objectives of the calls for proposals, thereby making the evaluation process faster and less burdensome[16]. Furthermore, the Commission simplifies the conditions for pre-commercial procurement, as the current provisions promote the award of multiple contracts within the same procedure, which is not always suitable for all the circumstances. Removing this restriction, on the contrary, will provide for a clearer and more effective pre-commercial procurement framework, enabling the EDF to better support the development of innovative solutions[17]. Finally, the Commission will put in place yet additional measures to speed up the evaluation of proposals and reduce the time to sign grant agreements and issue payments, such as, amongst  others, a higher level of subcontracting or an extended validity of ownership control assessments for beneficiaries.

In the third place, the Proposal[18] highlights the need to expedite the permitting processes for defence industrial investments and defence readiness activities, which are often too lengthy and burdensome. In this regard, Member States will designate a national competent authority acting as a single point of contact, in charge of coordinating and facilitating the permitting processes, guiding economic operators and ensuring that information is publicly accessible and that all documents can be digitally submitted[19]. The permit-granting process for defence readiness projects shall not exceed 60 days, a period Member States can extend i) by a maximum of 30 days where the nature, complexity, location or size of the proposed defence readiness project so requires, and ii) by 60 days, within 30 days of the start of the permit-granting process, where the project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that measures to address identifiable risks have been put in place[20]. Moreover, all dispute resolution procedures, litigation, appeals and judicial remedies, as well as all administrative proceedings related to defence readiness projects, before any national courts shall be treated as urgent if and to the extent national law concerning the relevant  processes provides for such urgency procedures, and provided that the applicable rights of defence of individuals or local communities are respected[21].

In the fourth place, the Commission notes that the existing possibility for Member States to allow for exemptions in specific cases for certain substances, where necessary in the interests of defence, as provided for by the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)[22] does not meet the needs of the defence industry. This may depend on the exemption being limited to specific cases as well as to a restrictive interpretation by the Member States. The Commission, therefore, proposes to amend Article 2(3) so that it should not only be applicable to specific cases for certain substances, but rather on their own, in a mixture or in an article[23].

Finally, the Proposal[24] amends the Invest(EU) Regulation[25] to adapt its eligibility criteria for the defence sector to the specificities of the financial instruments offered under the fund, while maintaining the necessary safeguards, which will enhance and simplify access to financing and allow better supporting for the European Defence Technological and Industrial Base (EDTIB)’s growth and development, supporting the mobilisation of EUR 800 billion in investments over a period of 4 years.

Download the article

The post DEFENCE READINESS OMNIBUS. THE COMMISSION’S PROPOSALS FOR SWIFTER AND MORE EFFECTIVE INVESTMENTS IN THE DEFENCE SECTOR appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 22 April 2025, the Commission proposed a new Regulation[1] amending several funding programmes in order to enhance the EU’s ability to develop and innovate in key defence capabilities and support faster, more flexible and coordinated investments in the European Defence Technology and Industrial Base (EDTIB)[2], thereby implementing the ReArm Europe Plan[3].

The Regulation finds its rationale in the severe underinvestment and lack of efficient spending in the EU’s military capabilities, affecting the EDTIB’s production capacities and its innovation potential as well as fragmenting the defence market. In line with the White Paper, and in order to develop the necessary capabilities and military readiness to secure the future of the EU, therefore, the Proposal highlights the need for a massive increase in European defence spending over a prolonged period, and introduces modifications to the so-called “STEP Regulation”[4] as well as to those of other programmes covered by the latter.

More particularly, the Proposal extends the scope of the STEP Regulation by introducing a fourth strategic sector covering all defence-related technologies and products, including those falling under the priority capability areas identified in the White Paper. This way, the STEP could be leveraged to direct additional resources into the defence sector, supporting the development of cutting-edge technologies essential for the EU’s defence preparedness and boosting investments in critical technologies for defence under cohesion policies funded by the EU budget.

Second, the Proposal amends the EDF[5] and the ASAP Regulations[6], on the one hand, to enable cumulation of funding with other Union programmes for the same action and, on the other hand, to allow Member States, on a fully voluntary basis, to transfer resources allocated to them under cohesion policy funds to these two programmes. The ASAP’s duration, furthermore, is extended until 31^st December 2026.

Third, the Digital Europe Programme (DEP)[7] is expanded to include dual-use applications amongst its objectives and to use its budget flexibility to support additional investments for the competitiveness and strategic autonomy of the EU. This, in turn, will offer crucial support for defence products such as connecting cloud and AI factories, which are vital to increase the production of advanced technologies with dual-use capabilities that are relevant to both civilian and defence sectors.

Fourth, the reach of the European Innovation Council (EIC) introduced by the Horizon Europe Regulation[8] will be expanded to start-ups working on dual-use and defence-related innovations, in order to speed up the development and deployment of cutting-edge technologies. Unused amounts and potential returns from investments made by the EIC Fund during the pilot phase under Horizon 2020, furthermore, should be made available in order to finance additional projects in dual-use and defence.

Finally, the Connecting Europe Facility (CEF)[9] was also amended to enhance military mobility and dual-use digital infrastructure, which will entail more favorable conditions for Member States to transfer cohesion funds to the Programme.

The Regulation will now be discussed by the Parliament and by the Council, and will complement the Omnibus Defence Simplification Package expected to be presented in June 2025 in order to further enable faster and more efficient defence investment and cooperation across Member States.

Download the article

The post EUROPEAN DEFENSE. THE COMMISSION’S PROPOSAL FOR A MORE FLEXIBLE BUDGET appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 1^st April 2025, the Commission launched ProtectEU[1], a European Internal Security Strategy to bolster the EU’s ability to keep its citizens safe and to better counter future threats through a sharper legal toolbox, enhanced cooperation between Member States and EU agencies as well as increased information sharing.

Complementing the ReArm Europe Plan[2] and the Preparedness Union Strategy[3], the Proposal finds its rationale in the need to review the EU’s approach to internal security in light of an evolving geopolitical landscape characterized by proliferating organised crime networks, hybrid threats by hostile foreign states and state-sponsored actors as well as terrorists increasingly operating online. Despite, in the last decade, the EU improved its collective mechanisms for action areas such as, amongst the others, law enforcement, judicial cooperation, border security and counter-terrorism, indeed, the nature of the nowadays threats requires a step further. The Strategy, therefore, provides a comprehensive response aimed at promoting a cohesive approach to security, which should enhance the EU’s ability to prevent, detect and respond to upcoming threats.

First, the Strategy highlights the importance for the EU to rely on a comprehensive and up-to-date situational awareness and threat analysis. Building on the  risk and threat assessments produced at EU level and for specific sectors, therefore, the Commission will prepare regular EU internal security threat analyses to identify the main security challenges and to enable targeted policy interventions in a timely manner. In this regard, the Commission will revise its corporate security governance framework and establish an Integrated Security Operations Centre (ISOC) to protect people and businesses.

Second, in order to develop new law enforcement tools as well as better means to ensure secure data exchange and lawful access, the Commission will, on the one hand, propose to reinforce Europol’s mandate to bolster its technological expertise and capacity to support national law enforcement agencies and, on the other hand, create a European Critical Communication System (EUCCS) based on operational mobility, strong resilience and strategic autonomy to link Member States’ next generation critical communication systems. Moreover, the Schengen Information System (SIS)[4] will be enhanced in 2026 to enable Member States to enter alerts about third-country nationals involved in terrorism and other serious crimes, based on data shared by third countries with Europol.

Third, Member States should strengthen their resilience against threats to critical infrastructures by timely transposing and implementing the CER[5] and NIS2[6] Directives as well as exchanging good practices on national strategies and on risk assessments as regards essential services. The Commission, on its part, will focus on the security and resilience of ICT supply chains and infrastructure in the ongoing revision of the Cybersecurity Act[7] and introduce new measures to secure cloud and telecom services.

Fourth, the Strategy emphasizes the need for stronger rules in the fight against organised crime networks. In this regard, the EU institutions are working on an anti-corruption framework and on a strategy to strengthen coordination among all relevant authorities and stakeholders in this area, and a legislative proposal for modernized rules on organised crime is expected to be proposed in 2026. Moreover, the Commission will introduce a renewed EU Strategy on combatting trafficking in human beings covering all stages from prevention to prosecution, with a focus on victim support at both EU and international level.

Finally, Member States need to ensure that the EU is well equipped to anticipate threats, to prevent radicalization and to protect citizens and public spaces from terrorist attacks. Therefore, a new Agenda on preventing and countering terrorism and violent extremism will be presented in 2025, with the EU Knowledge Hub on Prevention of Radicalization[8] stepping up its support to practitioners and policymakers with a new prevention toolbox to allow for early identification and interventions focusing on vulnerable individuals.

Download the article

The post INTERNAL SECURITY. THE COMMISSION LAUNCHES PROTECT EU appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 26 March 2025, the Commission launched the Preparedness Union Strategy[1], a new Plan meant to create a secure and resilient EU with the capabilities required to anticipate and manage threats and hazards, independently of their nature or origin, and to ensure that European citizens have adequate protection.

In line with the ReArm Europe Plan[2], the Strategy finds its rationale in the increasingly complex and unstable security landscape the EU is actually facing, including rising geopolitical tensions, cyberattacks, sabotage targeting critical assets and foreign interference adding up to the still ongoing consequences of the coronavirus pandemic, which showed that the Union’s health services and supply chains can be profoundly disrupted.

Despite the EU has developed and reinforced over time its multiple tools to build structural resilience to tackle some types of risks and to respond to crises in a number of sectors, the European preparedness framework is still experiencing shortcomings like, amongst the others, i) a mostly reactive rather than pro-active crisis management system, ii) a fragmented toolbox, and iii) limits of scale and resources within the existing structures and mechanisms at EU level.

The Strategy, therefore, includes 30 key actions distributed along seven areas of focus to advance towards a real Preparedness Union and to preserve the vital functions of the society in all circumstances.

First, the Strategy highlights the need for EU capabilities to include fully interoperable, end-to-end and multi-hazard early-warning systems based on timely and reliable data to better inform decision-makers on risks and potential interrelated effects. To ensure such approach, the Commission will, on the one hand,  develop a comprehensive EU risk and threat assessment integrating insights from multiple policy areas and, on the other hand, develop a crisis dashboard bringing together sectoral rapid alert systems and improving coordination for decision-makers. Furthermore, the Commission will ensure that the Emergency Response Coordination Centre (ERCC) is adequately equipped to produce regular briefings on cross-sectoral risks as well as to identify and analyze their effects.

Second, the Strategy clarifies that, in order to maintain vital societal functions under all circumstances, the EU must adopt minimum preparedness requirements by fully transposing and implementing the Union legal framework, in particular the CER[3] and NIS2[4] Directives, and by revising the legislative framework of the Union Civil Protection Mechanism (UCPM)[5] to further improve the effectiveness and efficiency in high-impact emergencies requiring a robust response and coordination at European level. Moreover, the Commission will propose a EU-wide stockpiling strategy integrating all existing national efforts, thereby strengthening access to critical resources across the EU.

Third, the Strategy focuses, on the one hand, on enhancing population preparedness by working with Member States, with a particular emphasis on fostering a culture of resilience at national and local level and, on the other hand, on empowering citizens to take proactive measures to prepare for crises by ensuring they can access quality and reliable information and have the necessary skills to evaluate it.

Fourth, the strategy reiterates the importance of public-private cooperation for the EU’s preparedness, ensuring that resources and expertise from all sectors are used effectively and efficiently. Therefore, the Commission will create a Preparedness Task Force drawing on the existing structures in order to gather key stakeholders from, amongst the others, public authorities, business, the scientific community and the civil society and to cooperate on strengthening the continuity management of vital functions and essential services, exchange information on supply-chain vulnerabilities and disruptions and provide frameworks and incentives to help private entities to ensure minimum preparedness requirements.

Fifth, bearing in mind that, in an increasing number of scenarios, civilian authorities need military support, the Strategy encourages Member States to improve the interaction between civilian and military actors without calling into question their respective competences. More particularly, the EU should, on the one hand, further operationalize the Mutual Assistance[6] and Solidarity[7] clauses as well as strengthen its cooperation with NATO and, on the other hand, develop arrangements for civil-military preparedness, which will clarify roles, responsibilities and priorities of EU institutions as well as Member States for preparing for and responding to incidents and crises.

Sixth, the EU needs to reinforce its crisis coordination, building on existing structures such as the Integrated Political Crisis Response (IPCR)[8] and the ERCC, and to strengthen its response capabilities and strategic crisis reserves to address critical shortages and ensure a rapid response. In this regard, the Commission will create an EU crisis coordination hub, with a focus on anticipating and managing the consequences of crises at all levels by working towards a common understanding of their implications and providing support to the lead services.

Finally, Member States should continue to develop bilateral and plurilateral partnerships with EU candidates and neighboring countries and strengthen their cooperation with NATO, integrating preparedness and resilience into their initiatives.

Download the article

The post CRISES AND EMERGING THREATS. THE COMMISSION LAUNCHES THE PREPAREDNESS UNION STRATEGY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On 19 March 2025, the Commission presented several strategic defense initiatives to respond to the crisis in Ukraine but also to address the long-standing need to boost Europe’s security and defense infrastructures as well as to reduce its reliance on external allies. The White Paper for European Defence The White Paper[1] finds its rationale in the deep changes Europe is undergoing because of its pivotal role in the major geopolitical challenges of the past century, which highlighted a severe under-investment and lack of efficient spending in its military capabilities. The Paper aims at offering lines of action to close this critical capability gap and encourages Member States to invest in defense and defense systems and build up the readiness of the European defense industry over the long run. In the first place, the Paper sets out seven priority areas[2] which are critical to build a robust European defense, filling the capability gaps already identified by Member States. Since the scale, cost and complexity of most projects in these areas go beyond Member States’ individual capacity, a coordinated action benefiting from the Union’s support would facilitate cost-effective procurement and prompt the ramp-up of European defense industrial resources. In this regard, the Paper points at collaborative procurement as the most efficient means to acquire large quantities of consumables such as ammunition, missiles and drones, as well as deliver on more complex projects since aggregation of demand curtails costs, shortens lead times and ensures interoperability and interchangeability. In the second place, the Paper outlines a vision to increase direct military assistance and associate Ukraine in its development and procurement of defense capabilities. More particularly, the support to Ukraine should focus on two mutually reinforcing priorities. On the one hand, the EU and its Member States should, amongst others, i) provide large-caliber artillery ammunition with a minimum objective of 2 million rounds per year, ii) train and equip Ukrainian brigades and actively support the regeneration of battalions, iii) directly support Ukraine’s defense industry through direct procurement orders, and iv) grant enhanced access to EU space assets and services. On the other hand, the Ukrainian defense industry should be integrated into the European Defence Technology and Industrial Base (EDTIB)[3], which will help it to scale up, modernize and provide cost-efficient products in the global market. In the third place, the Paper points out that, despite being indispensable for defense readiness, the European defense industry still features structural weaknesses preventing it from producing systems and equipment in the quantities and with the speed needed by Member States. Therefore, a massive ramp-up of European production capacity is a prerequisite for Member States to acquire the critical capabilities they currently lack. Industry access to critical inputs is also a cardinal factor, to avoid relying only on one or a handful of suppliers of key-goods, services or other inputs. Moreover, EU policies and investments should strengthen European economic security by minimizing the potential for the weaponization of dependencies or economic coercion. Finally, Member States should work together to build a true EU-wide Market for Defense equipment, which would help achieve key objectives such as global competitiveness, readiness and greater industrial scale. The ReArm Europe Plan The ReArm Europe Plan is a  package outlining the legal and financial means to support the defense investments of Member States, expected to enable the spending of over €800 billion, structured around three pillars. First, in light of the current extraordinary geo-political situation, the Commission proposes[4] to unlock additional flexibility for higher defense spend through a coordinated activation of the national escape clause, which allows Member States to deviate from their net expenditure path, set by the Council in the context of its medium-term fiscal structural plan, in case of exceptional circumstances outside the control of their national authorities and which have a major impact on their public finances, provided that such deviation does not endanger fiscal sustainability over the medium term[5]. The flexibility range under the national escape clause should be capped at 1.5% of the gross domestic product (GDP) compared to the net expenditure path set by the Council, a threshold designed to ensure that fiscal sustainability is preserved while allowing all Member States to benefit from greater flexibility. The new mechanism would be available for four years starting from 2025, after which Member States would need to be ready to sustain a structurally higher spending level through a gradual re-prioritization within their national budgets, and increases in defense expenditure would be calculated compared to the 2021 levels. Second, the Commission launched a Security Action for Europe (SAFE)[6], a new financial instrument which will provide Member States with up to EUR 150 billion of loans[7] backed by the EU budget, helping them to boost their defense capabilities through common procurement[8]. In this regard, Member States may request financial assistance where they plan to carry out activities, expenditures and measures through common procurement with the aim of supporting the adaptation of the EDTIB to the structural changes[9]. More particularly, Member States will need to submit a European Defense Industry Investment Plan including, amongst others, a description of the activities, expenditures and measures for which the loan is requested, the defense products it intends to procure, and, where relevant, the foreseen involvement of Ukraine in the activities[10].  The Commission will then assess if the plan submitted fulfils all the conditions required, making the financial assistance available by means of an implementing decision[11]. Finally, the Plan relies on the European Investment Bank Group (EIB) to widen the scope of its lending to defense and security projects while safeguarding its financing capacity, which, besides unlocking substantial funding, also ought to send a positive signal to the markets. The European Council is now expected to deliberate on both proposals at its upcoming meetings, which should lead to concrete commitments to materialise the vision outlined therein.

Download the article

The post EUROPEAN DEFENSE. THE COMMISSION’S PROPOSALS TO BOOST EU’S SECURITY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.