Directive 2009/81 - 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 - Main contents
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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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/81 |
| Original proposal | COM(2007)766  |
| CELEX number i | 32009L0081 |
| Document | 13-07-2009 |
|---|---|
| Publication in Official Journal | 20-08-2009; Special edition in Croatian: Chapter 06 Volume 001,OJ L 216, 20.8.2009 |
| Effect | 21-08-2009; Entry into force Date pub. + 1 See Art 74 |
| End of validity | 18-04-2016; Partial end of validity Art. 70 Implicitly repealed by 32014L0025 18-04-2016; Partial end of validity Art. 71 Implicitly repealed by 32014L0024 31-12-9999 |
| Transposition | 21-08-2011; At the latest See Art 72 |
20.8.2009 |
EN |
Official Journal of the European Union |
L 216/76 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Articles 55 and 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
National security remains the sole responsibility of each Member State, in the fields of both defence and security. |
(2) |
The gradual establishment of a European defence equipment market is essential for strengthening the European Defence Technological and Industrial Base and developing the military capabilities required to implement the European Security and Defence Policy. |
(3) |
Member States agree on the need to foster, develop and sustain a European Defence Technological and Industrial Base that is capability driven, competent and competitive. In order to achieve this objective, Member States may use different tools, in conformity with Community law, aiming at a truly European defence equipment market and a level playing field at both European and global levels. They should also contribute to the in-depth development of the diversity of the European defence-related supplier base, in particular by supporting the involvement of small and medium-sized enterprises (SMEs) and non-traditional suppliers in the European Defence Technological and Industrial Base, fostering industrial cooperation and promoting efficient and responsive lower tier suppliers. In this context, they should take into account the Commission’s Interpretative Communication of 7 December 2006 on the application of Article 296 of the Treaty in the field of defence procurement and the Commission Communication of 5 December 2007 on a Strategy for a stronger and more competitive European defence industry. |
(4) |
One prerequisite for the creation of a European defence equipment market is the establishment of an appropriate legislative framework. In the field of procurement, this involves the coordination of procedures for the award of contracts to meet the security requirements of Member States and the obligations arising from the Treaty. |
(5) |
To achieve this objective, in its resolution of 17 November 2005 on the Green Paper on defence procurement (3), the European Parliament called on the Commission to draft a directive taking particular account of the security interests of Member States, further developing the common foreign and security policy, promoting greater European cohesion and preserving the role of the Union as a ‘civil power’. |
(6) |
Better coordination of award procedures, for instance for contracts regarding logistics services, transportation and warehousing, also have the potential to reduce costs in the defence sector and significantly lower the sector’s environmental impact. |
(7) |
These procedures should reflect the Union’s overall approach to security, which responds to changes in the strategic environment. The emergence of asymmetrical transnational threats has increasingly blurred the boundary between external and internal and military and non-military security. |
(8) |
Defence and security equipment is vital for both the security and the sovereignty of Member States and for the autonomy of the Union.... |
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