Defence Procurement and the European Defence Equipment Market: the Virtues of Kissing the Frog

In the European Union (EU), the procurement of defence and security equipment, services and works is regulated by a specific directive (Directive 2009/81/EU) and can also be subject of a number of exemptions from EU law in general, in particular Art.346 of the Treaty on the Functioning of the European Union (TFEU), which allows an EU member State to take the measures it considers necessary for the protection of its essential security interests connected with the production of or trade in arms, munitions and war material, as long as those measures do not adversely affect the common market regarding products not intended for specifically military purposes. Even though those legal provisions have been analysed extensively in recent literature, it is also important to replace defence procurement in the EU in its historical, military, political, economic and industrial context.

Baudouin Heuninckx
no 4
s. 319