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EU Directive 2009/81/EC on procurement in the fields of defence and security

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…

What EU Directive 2009/81/EC on procurement in the fields of defence and security requires

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 establishes EU-level procurement rules tailored to sensitive defence and security acquisitions. Article 2 sets the scope (military equipment supply, sensitive equipment supply, related works and services); Article 8 establishes financial thresholds aligned with the general procurement regime; Article 13 reserves specific exclusions for protection of essential security interests; Article 18 governs technical specifications using performance and functional requirements; Article 21 covers subcontracting with non-discrimination; Articles 25-28 set out the procedures (restricted, negotiated with publication, competitive dialogue, negotiated without publication); Article 22 imposes security of information requirements and Article 23 imposes security of supply requirements; Article 39 governs selection criteria; Article 47 restricts award criteria to lowest price or most economically advantageous tender; Articles 55-64 establish independent review and standstill procedures, with ineffectiveness remedies available where essential defence and security interests permit.

Pillar: Public Sector & Government Procurement · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009L0081

SHA-256 integrity: 7d2945e503389e1e26b59a0669ddd3c205bb2e2d7c7da336e57b61cefe048736

Primary Citations — 10 traced to source

  • Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009, Article 2 - Scope (defence and sensitive security supplies, works and services)
  • Directive 2009/81/EC, Article 8 - Financial thresholds for application of the Directive

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