Sittings · Document

REPORT (COM(2025)0823 – C10-0120/2025 – 2025/0177(COD)) 2025-12-22

On the proposal for a Directive of the European Parliament and of the Council amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement

Committee on Security and Defence Committee on the Internal Market and Consumer Protection · Rapporteur: Pekka Toveri, Anna-Maja Henriksson

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Parliament's amended version of the Commission proposal for a directive amending Directives 2009/43/EC and 2009/81/EC on intra-EU transfers of defence-related products and on security and defence procurement. It makes exemptions from prior transfer authorisation mandatory in listed cases, adds a new exemption for transfers within the same company or group, and requires Member States to publish general transfer licences for European strategic cross-border partnerships. It raises the thresholds for contracts covered by Directive 2009/81/EC to EUR 1 800 000 and EUR 8 000 000, and adds the open procedure and the dynamic purchasing system. It introduces a temporary negotiated procedure without prior publication for common procurement, with limits on components from outside the Union, the EEA EFTA States and Ukraine. It requires the Commission to review the implementation of both Directives by 1 January 2029 against the aim of defence readiness by 2030.

Committee position. The committees propose to amend the Commission proposal by making certain transfer exemptions mandatory, adding new exemptions and licensing rules, raising procurement thresholds, introducing new procurement procedures and a temporary negotiated procedure, and adding review and reporting obligations.

Key points

  1. Member States shall exempt transfers of defence-related products from prior authorisation where the supplier or recipient is a governmental body, armed forces or another national security authority.
  2. Member States may exempt transfers of defence-related non-tangible technologies from prior authorisation where supplier and recipient belong to the same company or group.
  3. Member States shall publish general transfer licences for transfers needed for European strategic cross-border partnerships, covering all defence-related products and all transfers for the project.
  4. Member States shall ensure the licensing system also applies to later phases of the life cycle of projects occurring after stages funded under a Union defence industrial programme.
  5. The Commission is empowered to adopt delegated acts adding cases where Member States may exempt transfers, including transfers necessary to strengthen the internal market for defence.
  6. The threshold in Article 8(1)(a) of Directive 2009/81/EC is raised from EUR 443 000 to EUR 1 800 000, and in point (b) from EUR 5 538 000 to EUR 8 000 000.
  7. Contracting authorities may use a dynamic purchasing system for commonly used purchases, operated electronically and open throughout its validity to any economic operator meeting the selection criteria.
  8. A contracting authority from another Member State may join an existing framework agreement during its validity with the agreement of those involved, without substantial modifications to its essential terms.
  9. For common procurement of military equipment through the negotiated procedure without prior publication, the cost of components from outside the Union, the EEA EFTA States and Ukraine shall not exceed 35% of the estimated cost of the end product's components.
  10. The limitation does not apply to components from Albania, Canada, Japan, Moldova, North Macedonia, Norway, South Korea and the United Kingdom.
  11. Statistical reporting obligations are temporarily suspended until 31 December 2030, with the Commission to submit a review report by 30 June 2030.
  12. The Commission shall review the implementation of both Directives by 1 January 2029 against the background of improving Europe's defence readiness by 2030, and report to Parliament and the Council.

Who is affected

  • Suppliers and recipients of defence-related products in the EU, who face changed authorisation and licensing rules.
  • Small and medium-sized enterprises and mid-caps in defence supply chains, for whom licences and procurement rules are simplified.
  • Contracting authorities and entities in Member States, which gain new procurement procedures and higher thresholds.
  • Entities in EEA EFTA States and Ukraine, which are included in eligibility and component rules.
  • The Commission, which gains delegated powers and reporting duties.

Figures and deadlines

  • EUR 443 000 replaced by EUR 1 800 000 for the threshold in Article 8(1)(a).
  • EUR 5 538 000 replaced by EUR 8 000 000 for the threshold in Article 8(1)(b).
  • 35% maximum cost of components from outside the Union, the EEA EFTA States and Ukraine.
  • 31 December 2030: end of temporary suspension of statistical reporting obligations.
  • 30 June 2030: deadline for Commission review report on statistical reporting.
  • 1 January 2029: deadline for Commission review of implementation of both Directives.
  • 30 days: minimum time limit for receipt of requests to participate in innovation partnership procedures.
  • 40 times: maximum value of products or services relative to the research and development contract.

Legal basis: Article 294(2) and Articles 62, 114 and 153(2)(a) of the Treaty on the Functioning of the European Union.

Written by a language model from the full text only; every figure comes from the text and ¶ links to the paragraph it rests on. Check the text itself before relying on it.