Brussels, 07/09/2004 (Agence Europe) - The European Commission is expected to adopt a Green Paper on Public Defence Procurement by end September. Its aim is to clarify the rules in force concerning military procurement while at the same time consulting Member States on the possibility of liberalising the sector in due course, Community sources explained.
The Green Paper first of all seeks to give a better definition of the rules in force on military procurement governed by Article 296 of the consolidated version of the EU Treaty. The Treaty provides exemptions to Community provisions on competition for this kind of purchase, as it stipulates that "any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the common market regarding products which are not intended for specifically military purposes". In order to clarify the purchases that come under the exemptions set out in Article 296, the Commission may for example present an interpretative communication that not only gives the equipment intended for specifically military purposes to be governed by Community legislation, but also the equipment intended for specifically military purposes (such as assault rifles) that can be excluded from public markets.
The second objective of the Green Paper is to consult the EU Member States on the possibility, in time, of opening European competition to procured equipment intended for specifically military purposes, the same sources continued. Such liberalisation would make prices more competitive and would allow large-scale economies to be made. The Green Paper will above all sound out Member States on the possibility of presenting a directive with precise rules on the matter, as was the case for the opening of public procurement for water, energy and transport.