Buying Defence and Security in Europe is the first critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC, which is now the basis for public and private entities buying armaments and sensitive goods and services in the EU. This instrument aims to ensure non-discrimination, competition and transparency in the security sectors. Part one provides a critical analysis of the economical, historical, political, military-strategic and legal contexts of the new EU Defence and Security Procurement Directive. Part two covers the main aspects of the Directive: its scope, procedures, security of supply and information, offsets and subcontracting, and finally its review and remedies system. This book is an essential overview of a legislative milestone in the field.
- The first in-depth analysis of the EU Defence and Security Directive
- Includes a discussion of the transposition of the Directive in four sample Member States which provides an understanding at Member State level
- Provides a number of recommendations for the amendment of the Directive and other related instruments, which allow readers to appreciate the quality of the Directive
Part I. The Context of the Defence Directive:
1. The political and economic context of the Defence Directive: buyers, sellers, and national security
2. The legal base of the Defence Directive in EU internal market law: prohibitions, exemptions, and proportionality
3. Defence derogations from the Treaty: Articles 346 and 347 TFEU
4. The EU law and policy context beyond the Defence Directive: intra-Community transfers, exports, standardisation, competition law, mergers, and State aids
5. European armaments law and policy outside the EU internal market: EDA, OCCAR, Letter of Intent, and NATO
Part II. The Defence Directive:
6. Inside or outside the Defence Directive: limitation of scope
7. Security through flexibility: the procurement procedures of the Defence Directive
8. Security of supply and security of information: description in the specifications, contract conditions, qualification and award criteria
9. Addressing the structure of the European defence industries: substituting offsets with subcontracts?
10. The ‘hidden Remedies Directive’: review and remedies in the Defence Directive