Nato Transport Through A Schengen Military Zone FR
Nato Transport Through A Schengen Military Zone FR
Nato Transport Through A Schengen Military Zone FR
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Volume 98 2018
p-ISSN: 0209-3324
e-ISSN: 2450-1549
DOI: https://doi.org/10.20858/sjsutst.2018.98.1
1
The Faculty of Law and Administration, University of Silesia, Katowice, Poland. E-mail: jbar@poczta.onet.pl.
2
The Faculty of Transport, Silesian University of Technology, Katowice, Poland. E-mail: piotr.czech@polsl.pl.
6 J. Barcik, P. Czech
transport. In the next part of the analysis, allied military transport procedures will
be analysed, accompanied by a critical identification of potential shortcomings.
The article concludes by providing answers to the research question.
Keywords: Schengen military zone, military transport, North Atlantic Treaty
Organization (NATO)
Military transport can be defined as the transport of troops, armaments and military
equipment between the point of loading and the destination, using various means of transport.
Such transport can include road transport, rail transport, maritime transport, air transport and,
albeit relatively rarely used, inland transport, each of which is characterized by certain
differences, as reflected in NATO’s internal legislation. The main NATO document in this
area remains the Allied Joint Movement and Transportation Doctrine3. In previous years, the
following were also important: STANAG 2454, AMovP-1 (Road Movements and Movement
Control)4; STANAG 2455, AMovP-2 (Procedures for Surface Movements Across National
Frontiers)5; STANAG 2456, AMovP-3 (B) (Movement and Transport Documents and
Glossary of Terms and Definitions)6; STANAG 2468, AMov P-4 (Technical Aspects of the
Transport of Military by Railroad)7; STANAG 2236, AMov P-5 (Multi Modal Transport
Issues)8; AMov P-6 (Allied Multi-modal Transportation of Dangerous Goods Directive)9;
STANAG 4441, AASTP-2) Manual of Safety Principles for the Transport of Military
Ammunition and Explosives)10; AASTP-5 (NATO Guidelines for the Storage, Maintenance
and Transport of Ammunition on Deployed Missions or Operations)11. These documents have
the character of so-called Standardization Agreements (STANAGs), each of which, according
to NATO terminology, is a “normative document, recording an agreement among several or
all NATO member nations, that has been ratified at the authorized national level, to
implement a standard, in whole or in part, with or without reservation”12. They are therefore
special types of international agreement through which NATO member states commit
themselves to the standardization of a particular type of equipment or procedures. Apart from
the aforementioned legal acts, included in the NATO acquis, it should be noted that a number
of other types of legal acts is also affected by military transport, including:
1) Multilateral international agreements on military cooperation, primarily the Agreement
Between the States Parties to the North Atlantic Treaty on the Status of Their Armed
Forces, drawn up in London on 19 June 1951, also called the North Atlantic Treaty
Organization Status of Forces Agreement (NATO SOFA).
3
Allied joint movement and transportation doctrine (AJP-4.4(B)), http://nso.nato.int/nso/nsdd/listpromulg.html
4
STANAG 2454, AMovP-1 (Road Movements and Movement Control).
5
STANAG 2455, AMovP-2 (Procedures for Surface Movements Across National Frontiers).
6
STANAG 2456, AMovP-3 (B) (Movement and Transport Documents and Glossary of Terms and Definitions).
7
STANAG 2468, AMov P-4 (Technical Aspects of The Transport of Military by Railroad).
8
STANAG 2236, AMov P-5 (Multi Modal Transport Issues).
9
AMov P-6 (Allied Multi-modal Transportation of Dangerous Goods Directive).
10
STANAG 4441, AASTP-2 (Manual of Safety Principles for the Transport of Military Ammunition and
Explosives).
11
AASTP-5 (NATO Guidelines for the Storage, Maintenance and Transport of Ammunition on Deployed
Missions or Operations).
12
AAP-06 Edition 2014, NATO Glossary of Terms and Definitions (English and French), NATO
Standardization Agreement.
NATO transport through a “Schengen military zone”… 7.
The analysis of the aforementioned acts allows us to state, in a very simple way, that the
military transport process in NATO consists of two basic elements:
1) Planning and preparation of transport, including, first and foremost, the development of a
movement plan and the granting of consent for the displacement of foreign troops
through the territory of another allied state.
2) Proper transport, including, in the case of road transport: the passage of border
formalities (especially customs) when crossing state borders; organization of the passage,
including the marking of military vehicles and protection for the passage. Certain
differences exist in the case of maritime and air transport.
In each of the above elements, there are some shortcomings limiting the rate of military
transfer. This is despite the fact that the Allied Joint Movement and Transportation Doctrine
within NATO is based on nine principles, which in practice are difficult to achieve. These
include:
a) Collective responsibility. NATO and nations have a collective responsibility for
movement and transportation (M&T) support to NATO operations. This responsibility
extends from initial M&T planning through to strategic deployment, reception, staging,
onward movement, sustainment and redeployment stages of operations.
b) Cooperation. Cooperation between NATO and national authorities, both military and
civil, is essential. Such cooperation can be of a bi- or multilateral nature. This includes, as
required, non-NATO nations, the EU, the UN and other organizations. Cooperation
between NATO and these entities will be consistent with agreed and applicable NATO
logistics policies, decisions and procedures.
c) Coordination. It is essential that all M&T activities are fully coordinated and
synchronized at the appropriate levels.
8 J. Barcik, P. Czech
d) Effectiveness. M&T planning and execution must be primarily tailored to satisfy NATO
operational requirements.
e) Efficiency. Use of military and civil resources, facilities, existing infrastructure must be
optimized, for example, by considering economies of scale.
f) Flexibility. M&T support must be proactive, adaptable and responsive to achieve the
objective and capable of reacting in a timely manner to changes in the operational
situation and/or requirement.
g) Simplicity. M&T plans and procedures must be kept as simple as possible.
h) Standardization. Systems, data, software, procedures and equipment must be standardized
to facilitate interoperability and M&T support.
i) Visibility and transparency. The exchange of M&T information between all participants
is essential for the efficient planning, coordination and execution of M&T tasks.
required before any planned date of the commencement of the deployment of troops. CLARIS
is associated with certain administrative difficulties, as it should contain, inter alia, a list of
participants in transport, a list of personal weapons, a list of goods, a list of dangerous goods,
and a list of vehicles and their load. Other data are required, such as the operation codes, the
identification numbers for residence permits or transfers, the international vehicle
identification codes (types and numbers of vehicle columns), the location of the place of
loading and planned departure time, the crossing points (route of departure) and planned
arrival time, the location of the destination (stopping, resting, unloading, centred area), the
quantity and type of cargo (number of passengers, cargo volume in tons and cubic metres,
data on dangerous goods, number of wheeled/crawled vehicles), and data on further
movement (road passage requirements or “permit for passage” numbers, land means of
transport requirements or reply for requirement numbers).
As can be seen from the above, the preparation of a motion request is a long-term
logistical and administrative project. Regardless of the technical aspects of the shipment, the
administrative and legal procedures for expressing consent to the shipment sometimes take
several weeks. It should also be remembered that, in some European federal states, such as
Germany, every region aspires to have its own procedures, which further complicates matters
and requires time-consuming consultations. In addition, additional, separate authorizations are
sometimes required when moving special vehicles, special-purpose vehicles, vehicles used in
connection with special-purpose vehicles, non-standard vehicles and vehicles carrying
dangerous goods.
The same principle applies to the obligation to obtain the consent of foreign states
through whose territory the shipment will be carried out in the case of military maritime and
air transport. Marine maritime transport is affected by the division of maritime areas in
international law. Each of them is governed by specific regulations related to access to a given
sea area. Diplomatic consent for displacement is required in the case of inland water, which is
treated in the same way as the land territory of the country. However, consent is not necessary
in the case of transport through the territorial sea of the state, as it is valid in the context of the
so-called international law of harmless flow13. This applies to all states and results in the
possibility of carrying out transport without obtaining the formal consent of the coastal state.
The right also applies to warships if they are used for transport purposes or as escorts for
transport. This is the case for maritime transport in NATO. For example, on 23-24 May 2017,
two ships (the Norwegian freighter Roald Amundsen and the Dutch freighter Zr.Ms.
Evertsen) belonging to the First Standing Maritime Group 1 escorted a British civilian ship
(MV Hartland Point), which was transporting armaments from Norway to the Port of
Klaipeda in Lithuania in order to supply Lithuanian troops deployed in Eastern Europe as part
of NATO’s international divisions14. The lack of diplomatic consent for transport also
concerns the maritime exclusive economic zone of the state. This does not alter the necessity
of planning and presenting, in a graphical and descriptive manner, a specific maritime
transport operation.
The diplomatic consent of a foreign state also requires the air transport of soldiers and
equipment in its airspace. Air transport planning can be defined as the design for the transport
of troops, armaments and military equipment from airports to be loaded at the airport of
unloading, as well as a description of how it works in order to achieve its objectives. Consent
13
Article 19, UN Convention on the Law of the Sea, 1982.
14
‘NATO ships escort UK MoD leased ship carrying Norwegian weapons to Lithuania’,
http://navaltoday.com/2017/05/25/nato-ships-escort-uk-mod-leased-ship-carrying-norwegian-weapons-to-
lithuania/.
10 J. Barcik, P. Czech
is preceded by the timely preparation of the transport plan and submission needed to apply for
consent (shorter deadlines apply compared to land transport). It is possible to apply for a
standard form for special aircraft requests, or a standard form for blanket overflight clearance
in order to cross a state border and fly one or more foreign military aircraft. Special rules
apply when planning the carriage of loads with hazardous materials (e.g., combustible
materials, poisonous materials). The Dangerous Goods Regulations, issued by the
International Air Transport Association, apply here15. The transportation of such materials is
also subject to the consent of the transit states and the receiving state. The classification of
hazardous materials is used in the classification of hazardous materials, while the
International Civil Aviation Organization’s branding is included in the labelling, as per Annex
18 (Safe Transport of Hazardous Materials by Air) to the Convention on International Civil
Aviation, signed in Chicago on 7 December 194416.
Coordination of the movement of troops within the territory of individual countries is
carried out within NATO by the National Movement Coordination Centres (NMCCs) created
by each of the countries involved in the joint operation. Although NMCCs are built on the
basis of each country’s domestic law, they should remain compatible with the structures
responsible for controlling land roads, airspace and sea lanes. Within an NMCC, there are
liaison officers from other states involved in the operation and the operation commander
him/herself. The work of an NMCC is coordinated by the Allied Military Coordination
Centre, which helps the Allied Command Operations to manage the strategic relocation to the
area of operations, the supply of transport and the withdrawal of forces.
3. IMPLEMENTATION OF TRANSPORT
15
Dangerous Goods Regulations, International Air Transport Association.
16
Convention on International Civil Aviation, Chicago Convention 1944, Annex 18 (The Safe Transport of
Dangerous Goods by Air).
16
NATO SOFA, 1955.
NATO transport through a “Schengen military zone”… 11.
date of birth, degree and number (if any), type of service and photograph; and an individual or
collective departure order (NATO Travel Order) in the language of the sending state, as well
as in English and French, issued by the appropriate authority of the sending state or NATO,
confirming the status of the person or group of persons as a member or members of the armed
forces, along with the order of departure. The receiving state may require the departure order
to be countersigned by its competent representative.
Pursuant to Article XI of the NATO SOFA, the temporary importation and re-export of
military vehicles or civilian personnel at their disposal are exempt from customs duties.
However, it is required to submit an appropriate form (Form 302 “Customs Declaration for
Export and Import for Goods that Are Owned by the Armed Forces”). Exemptions from the
customs duty are also subject to official documents bearing an official stamp.
The transport of troops by road is carried out using columns of military vehicles. These
are groups moving along the same road, at the same time and in the same direction as the
vehicles, directed by commanders of the columns. A column may consist of groups of
vehicles, while their use is to ensure efficient and timely displacement. For safety reasons,
certain distances between vehicles must be observed. In addition, in the course of road
haulage, the rules, including those of the road, of the host country should be respected.
Columns should be labelled according to NATO standards (AMovP-1 “Road Traffic
Regulations and Procedures and Traffic Management Agencies and Services”) applicable to
military columns. These include provisions for lighting and flagging vehicles. Passing beams
of all vehicles moving in the column must be switched on. It is required that the first and last
vehicles of each column element (vehicle group) have a blue flag attached to front-left side
(not a single column pass). The column commander’s vehicle is marked with a black and
white flag, which is also attached to the front-left side. In turn, any damaged vehicle is
marked with a yellow flag, visible to oncoming traffic. On the left of both the first vehicle at
the front and the last vehicle at the back, on the left is placed a special signboard for marking
the columns of military vehicles. In the case of passage of the column by expressway or
motorway, a yellow flashing warning light should be placed on vehicles, which must be
visible from a distance of at least 150 m with good air transparency. The signal on the first
vehicle should be visible at least at the front and at the sides of the vehicle, while the signal on
the last vehicle should be visible at least at the rear and at the sides of the vehicle (this
requirement is not applicable when piloting the column by marked military police or military
traffic control vehicles).
Each vehicle column is identified by a number, referred to as a roadside permit number. It
allows the column to be identified throughout the movement, including crossing national
borders. This number should be on a contrasting colour, placed on both sides of each vehicle.
During military transport, it is also possible to pilot it. This term is understood as a set of
activities performed on a public road aimed at ensuring traffic safety during the passage of a
non-standard vehicle or vehicle column.
The security of the military columns may be of a combat and logistical nature. The first
type of protection is used during an armed conflict. Combat security is organized to ensure the
smooth running of the columns and groups of vehicles on the roads, as well as to ensure
smooth entry into the battle of moving troops in the event of an unexpected encounter with an
enemy whose forces cannot be overcome. Logistical security is related to the handling of
technical transport (e.g., refuelling, repairing damaged vehicles), medical (medical help for
the injured and sick during the journey), as well as meals during the journey. It is also
important to ensure the communication and coordination of military movements. Security is
provided, for example, by a registration system. Within the framework of NATO, there are
12 J. Barcik, P. Czech
two main message options: Deployment Report (DEPLOYREP) and Movement Assessment
Report (MOVASSESSREP).
In the case of maritime transport, in accordance with the requirements of the International
Maritime Organization, each vessel should have a cargo securing manual containing a
description of the vessel’s anchoring system. Special attention has been paid to the transport
of hazardous materials, which should be stored in accordance with the rules set out in the
International Maritime Dangerous Goods Code (IMDG Code). The loading of equipment
should follow this order of priority: first, the equipment with hazardous materials, then light
vehicles, followed by heavy vehicles and, finally, crawler vehicles. The unloading of
maritime means of transport can be carried out in fixed ports or on an ad hoc prepared shore.
The planning and coordination of landings are the responsibility of the host nation, the
country in which the landing port is located. Sending nations have an agreement with the host
country, specifying the scope of support and regulating mutual settlements. In the absence of
a host country, or if its host nation support is insufficient, the lead nation, based on NATO
procedures, takes over the role of the security of landings. Maritime transport should be
coordinated with air transport and shipment to and from the ports of loading and unloading, as
well as when reaching the operational region of destination. Foreign vessels during movement
are obliged to comply with the domestic law of the country, alongside international rules for
the prevention of collisions at sea and the protection of the marine environment, namely, the
International Convention for the Safety of Life at Sea (also known as the “SOLAS
Convention”), drawn up in London on 1 November 197418, and the IMDG Code, put into
force by the Intergovernmental Maritime Organization (IMO) 19.
In the case of air transport, it is also necessary to be in possession of appropriate transport
documents, such as: a list of passengers on the aircraft; passports or passenger ID cards, with
the expiry date after the planned return date; NATO departure order (in the case of allied
transport); certificate for the master of the ship or air waybill; cargo manifesto (equipment);
declaration of the carriage of dangerous goods (in the event of carrying such materials); a list
of loads on pallets; load specifications for containers; declaration of import and export
customs for goods that are owned by the respective armed forces (NATO’s so-called Form C
302); other documents required by the carrier or local authority regulations); diplomatic
transit documentation issued by transit countries and host countries for aircraft flights in their
airspace and landing.
At the moment of landing in the territory of the Republic of Poland, foreign military
aircraft begin border procedures, related to border, customs, currency and sanitary controls.
4. CONCLUSIONS
The division of territory and the principle of territorial sovereignty are the basic
determinants of military transport abroad. Obedience determines the implementation of
transport and demands the application of diplomatic consent for carriage and compliance with
the laws of the state through which the transit is taking place.
As shown in the above paragraphs, the planning and realization of transport within
NATO is extremely complex, time-consuming and tedious. It currently does not seem
possible to abolish the traditional conditions for the cross-border movement of troops, which
requires the diplomatic consent of a foreign state for the purposes of its transit through or
18
International Convention for the Safety of Life at Sea, 1974.
19
International Maritime Dangerous Goods Code, International Maritime Organization.
NATO transport through a “Schengen military zone”… 13.
staying in that state’s territory. The essence of state sovereignty, which still determines the
content of legal regulations, includes the ability to control all relations within the territory of
the state. This also applies to the sensitive issue of the control of foreign armed forces
movement through such territory. Changing this state of affairs would bring about a real
military threat, as evidenced by the history of post-war integration in Western Europe, which
is an important catalyst for integration processes. Realistic and feasible to implement,
however, is the reform and simplification of the planning procedures in force within NATO
itself. Their purpose would be to eliminate unnecessary bureaucratic obstacles. Such reform
would require reflection on the part of NATO institutions and the goodwill of member states.
The creation of a “Schengen military zone”, similar to the civilian equivalent in the EU, is
currently not possible within NATO. That said, it is possible and desirable to adopt a single
procedure for the transfer of troops in the area of NATO states by shortening all
administrative and legal formalities related to the movement of troops to 48 hours. The US
Army Europe Military Commander, General Ben Hodges, has appealed for this reform to take
place, the urgency of which was reinforced by the “Zapad” Russian-Belarussian military
manoeuvres in September 2017. In his view, the slow military transport procedures within
NATO blatantly contrast with the high degree of mobility concerning Russian forces. Given
how this threatens to directly undermine NATO’s eastern flank, any reform of military
transport procedures needs to be radical. It is clear that this should be the foremost task for the
planned new NATO command structure, which is to be responsible for logistics issues.
References
1. The proposal of the Dutch Minister of Defence presented in an official letter to the
NATO Secretary General and the High Representative of the European Union for
Foreign Affairs and Security Policy, in connection with the NATO summit in May
2017.
2. “Hennis wil ‘militair Schengengebied’”. Available at:
https://www.defensie.nl/actueel/nieuws/2017/06/29/hennis-wil-militair-schengengebied
3. “Call for ‘military Schengen’ to get troops moving’”. Available at:
https://www.politico.eu/article/call-for-military-border-schengen-to-get-troops-moving-
nato-eu-defense-ministers/.
4. Allied Joint Movement and Transportation Doctrine (AJP-4.4(B)). Available at:
http://nso.nato.int/nso/nsdd/listpromulg.html.
5. STANAG 2454, AMovP-1 (Road Movements and Movement Control).
6. STANAG 2455, AMovP-2 (Procedures for Surface Movements Across National
Frontiers).
7. STANAG 2456, AMovP-3 (B) (Movement and Transport Documents and Glossary of
Terms and Definitions).
8. STANAG 2468, AMov P-4 (Technical Aspects of the Transport of Military by
Railroad).
9. STANAG 2236, AMov P-5 (Multi Modal Transport Issues).
10. AMov P-6 (Allied Multi-modal Transportation of Dangerous Goods Directive).
11. STANAG 4441, AASTP-2 (Manual of Safety Principles for the Transport of Military
Ammunition and Explosives).
12. AASTP-5 (NATO Guidelines for the Storage, Maintenance and Transport of
Ammunition on Deployed Missions or Operations).
14 J. Barcik, P. Czech