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Adopted text 2026-09-16

Simplification of intra-EU transfers of defence-related products and simplification of security and defence procurement (Omnibus V)

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Parliament's position at first reading on a directive amending Directives 2009/43/EC and 2009/81/EC to simplify intra-EU transfers of defence-related products and security and defence procurement. It extends the cases where member states may exempt transfers from prior authorisation, adds general transfer licences for Union-funded defence projects and for structured intra-EU industrial partnerships, and requires member states to allow other general licences. It raises procurement thresholds, adds the open procedure, dynamic purchasing systems and a revised innovation partnership, extends framework agreements to 10 years, and lays down rules on joint procurement and contract modification. It temporarily suspends statistical reporting until 31 December 2030 and requires the Commission to review both directives by 1 January 2031.

Key points

  1. Member states may exempt transfers from prior authorisation where the recipient is a Union institution or body or the European Defence Agency, or where supplier and recipient are certified undertakings.
  2. Exemptions also cover transfers for cooperative armament programmes including PESCO, SEAPs and EDPCIs, projects funded under Union defence industrial programmes, structured intra-EU industrial partnerships, crisis urgency, aid under Article 42(7) TEU and assistance under Article 28 TEU.
  3. The Commission may adopt delegated acts to add further exemption cases, at a member state's request or on its own initiative.
  4. Member states must let suppliers use general transfer licences or apply for global or individual licences, and must allow general transfer licences beyond those listed in Article 5(2).
  5. Member states must publish general transfer licences for all transfers needed for projects funded under a Union defence industrial programme, covering the products in the Annex and only the transfers needed for specific projects.
  6. Member states must publish general transfer licences for transfers within a structured intra-EU industrial partnership, including non-tangible transfers of software and technology.
  7. Certification rules are updated: competent authorities monitor compliance at least every three years, and the Commission must publish a central register of certified suppliers and recipients.
  8. Procurement thresholds rise to EUR 2 000 000 and EUR 10 000 000, and the calculation thresholds to EUR 360 000 and EUR 1 800 000.
  9. Contracting authorities may use the open procedure and dynamic purchasing systems, and a revised innovation partnership is introduced for research and development and innovative solutions.
  10. The maximum term of a framework agreement is extended to 10 years, and rules are laid down on procurement involving contracting authorities from different member states and on occasional joint procurement.
  11. Rules on modifying contracts during their term are laid down, including a 50 % price increase limit and a 10 % or 15 % threshold for modifications without a new procedure.
  12. Statistical reporting obligations are temporarily suspended until 31 December 2030, and the Commission must review both directives by 1 January 2031.

Who is affected

  • Member states, which must transpose the directive and apply the new transfer and procurement rules.
  • Defence suppliers and recipients, including SMEs and mid-caps, which gain simplified transfer licences and certification benefits.
  • Contracting authorities and entities in defence and security, which gain new procurement procedures and higher thresholds.
  • Participants in Union-funded defence projects, PESCO, SEAPs and EDPCIs, which benefit from general transfer licences.

Figures and deadlines

  • EUR 2 000 000: new threshold in Article 8, point (a).
  • EUR 10 000 000: new threshold in Article 8, point (b).
  • EUR 360 000 and EUR 1 800 000: new calculation thresholds in Article 9(5)(a).
  • EUR 360 000: new calculation threshold in Article 9(5)(b).
  • 10 years: maximum term of a framework agreement.
  • 50 %: maximum price increase for contract modifications under Article 49a(1)(b) and (c).
  • 10 % and 15 %: thresholds for modifications without a new procedure for service and supply contracts and works contracts.
  • 31 December 2030: end of the temporary suspension of statistical reporting.

Legal basis: Article 53(1), Article 62 and Article 114 of the Treaty on the Functioning of the European Union.

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