Report from the Commission to the European Parliament and the Council on transposition of Directive 2009/81/EC on defence and security procurement

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC is an important element of the Commission's policy to create a truly European Defence Equipment Market and a European level playing field for defence procurement. For the first time it subjects defence and sensitive procurement to the specific rules of the Internal Market, fostering transparency and competition and ensuring the satisfaction of procurement needs in an ever tightening financial framework.

Most of the 23 Member States who have transposed the Directive as of July 2012 have prima facie done so correctly. The vast majority of Member States have also transposed the non-mandatory provisions on sub-contracting which aim in particular at enhancing competition in the supply chains of successful tenderers. The Commission will continue to monitor the state of transposition and the content of the national implementing measures to ensure full compliance with European law. In particular it will take action to accomplish the phasing out of offsets which diverge from the basic principles of the Treaty.

Following the transposition of the Directive, the Commission will focus as a matter of high priority on its correct application in the Member States. The challenge will be different in each Member State, depending in particular on its national defence industrial capabilities. However, ensuring fair and open competition throughout the Union is a prerequisite for establishing a level playing field for European industry and an efficient European defence market.

EUR-Lex: COM(2012)565: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:565:FIN

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