Defence Procurement Directive

The Directive sets EU rules for the procurement of arms, munitions and war material (plus related works and services) for defence purposes, but also for the procurement of sensitive supplies, works and services for security purposes. Further details on the Directive can be found on the EU website, see link on the right hand side of this page.

Of specific interest to companies is the “Interpretative Communication on the application of Article 296 of the Treaty” from the EU, which can also be found on the EU website. This gives guidance to the extent to which EU countries can exempt defence contracts from the Directive for reasons of essential national security interests. It enhances legal certainty and limits possible abuse of the exemption.

Below you will also find a link to an article, which gives a Danish perspective on EU’s Defence Procurement Directive.