New European regulations for security and defense procurement

• Increased transparency in concluding contracts

The Minister for European Affairs, Vasile Puşcaş, yesterday announced the coming into effect of the new 2009/81/EC Directive concerning defense and security procurement. The Directive will lay the foundation for the European Defense Market, setting up new regulations for security contracts.

Minister Puşcaş said: "Security and defense systems are vital for the sovereignty of member states and for the European Union. Many times however, the procurement of defense goods and services had a special status, which was often the subject of disputes and controversy. At this moment, through the coming into effect of the new directive, the new Member States have new community guidelines concerning purchases, without risking controversy surrounding the legitimacy of national security interests".

Officials of the European Commission consider that the principles of the European internal market will finally be applicable in this segment which was traditionally excluded from the community law concerning public procurement. This will inevitably lead to more openness and transparency, both for industries in the field, which will have better access to the new markets, as well as for potential beneficiaries, which will know the true value of the products and services acquired (weapons, munitions and military equipment).

According to Minister Puşcaş, some of the new regulations also concern the methods and procedures for the negotiation of contracts, the status of classified information, specific rules for research and development contracts and subcontracting rules.