Brussels, 21 June 2012
Public procurement: Commission requests Slovenia to implement EU defence procurement rules
The European Commission has requested Slovenia to notify within the next two months the measures it is taking to implement EU rules for defence procurement (Directive 2009/81/EC).
The Commission is concerned that Slovenia has failed to fulfil its commitments under the Directive regarding procurement of arms, munitions and war material (and related works and services) for defence purposes, as well as the procurement of sensitive supplies, works and services for security purposes.
If the Directive is not fully implemented in all Member States, companies and taxpayers are denied the benefits of easier access to a more open, transparent, pan-European defence market
The deadline for implementing the Directive in question was 20 August 2011. Slovenia has not yet communicated any measures to do so.
The Commission's request takes the form of a reasoned opinion. If the Slovenian authorities do not notify the Commission of their implementing measures within two months, the Commission may refer the matter to the Court of Justice of the European Union and may request the Court to impose financial penalties.
The Directive introduces the following measures at European level:
It covers specific security and defence procurement contracts for:
Procurement of non-sensitive and non-military equipment, works and services by contracting authorities in the fields of defence and security is covered by the general public procurement Directive 2004/18/EC.
Both Directives are subject to Article 346 of the Treaty, which means that national governments can exempt certain defence and security contracts in cases where the rules of Directive 2009/81/EC are not sufficient to safeguard their essential security interests.
On the measures notified by Member States to transpose Directive 2009/81/EC:
Latest information on infringement proceedings concerning all Member States:
For more information on infringement procedures, see MEMO/12/464
Arms, munitions and war material included in the 1958 list which defines the scope of Article 346 of the Treaty