Toward the Reform of Directive 209/81/EC on Defence Procurement: Challenges and Prospects

Having entered into force in 2011, Directive 2009/81/EC on defence procurement was poorly received by the stakeholders responsible for its implementation (Member States, industry and the Commission). In practice, in most cases, the Directive was simply not applied. Against the backdrop of a changing international environment, the European Commission now intends to reform it.

Some stakeholders support this ambition, while others oppose it or remain cautious. How can any new legislation in this field secure this time genuine ownership among those who will ultimately be responsible for applying it? This article examines the terms of the debate, identifying both the Commission’s objectives and the concerns they have raised. It then seeks to outline several possible ways forward.

The article concludes that reforming the rules governing defence procurement will make sense only if it forms part of the broader shift undertaken by the European Union (EU) in recent years towards what has, in practice, become a genuinely strategic and interventionist industrial policy based on the principle of European preference.