BETA


2019/2204(INI) Implementation of Directive 2009/81/EC, concerning procurement in the fields of defence and security, and of Directive 2009/43/EC, concerning the transfer of defence-related products

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO SCHWAB Andreas (icon: EPP EPP) MIKSER Sven (icon: S&D S&D), SCHREINEMACHER Liesje (icon: Renew Renew), CORMAND David (icon: Verts/ALE Verts/ALE), JORON Virginie (icon: ID ID), FIDANZA Carlo (icon: ECR ECR), KONEČNÁ Kateřina (icon: GUE/NGL GUE/NGL)
Committee Opinion AFET MIKSER Sven (icon: S&D S&D) Clare DALY (icon: GUE/NGL GUE/NGL), Markéta GREGOROVÁ (icon: Verts/ALE Verts/ALE), Klemen GROŠELJ (icon: RE RE), Jérôme RIVIÈRE (icon: ID ID), Witold Jan WASZCZYKOWSKI (icon: ECR ECR), Radosław SIKORSKI (icon: PPE PPE)
Committee Opinion ITRE
Lead committee dossier:
Legal Basis:
RoP 54

Events

2021/09/01
   EC - Commission response to text adopted in plenary
Documents
2021/03/25
   EP - Results of vote in Parliament
2021/03/25
   EP - Decision by Parliament
Details

The European Parliament adopted by 470 votes to 96, with 121 abstentions, a resolution on the implementation of Directive 2009/81/EC concerning procurement in the fields of defence and security, and of Directive 2009/43/EC, concerning the transfer of defence-related products.

The Defence Package directives are needed to further develop a common European security and defence culture, based on the Union's shared values and objectives. However, progress is still needed to fully achieve the objectives of these directives: in addition to the usual hurdles to market entry, such as geographical distance, language barriers and lack of knowledge of cross-border markets, SMEs in the defence sector face major difficulties in participating in public procurement.

Improving the functioning of the internal market for defence products through better implementation and enforcement of the defence package

Members reiterated their support for the ambitions of the defence package directives but regretted the continued fragmentation of the EU’s internal market for defence products, stressing that a very high volume of procurement expenditure is still incurred outside the directive and that an overwhelming percentage of contracts are still awarded nationally.

The systematic use by the Member States of the provisions relating to exclusion, in particular those laid down in Article 346 of the Treaty on the Functioning of the European Union (TFEU), could undermine the full and proper implementation of the Defence Procurement Directive.

Parliament considered that the effective implementation and enforcement of the Defence Procurement Directive remains a top priority and that, to this end, Member States should ensure equal treatment, transparency, competition and access to public procurement contracts.

As regards the Transfers Directive, the take-up of the new tools, including General Transfer Licences (GTLs), is relatively low compared to individual transfer licences. Lack of knowledge of the tools provided by the Directive, of the possibilities offered in the internal market and of the export control system used by Member States, in addition to the lack of harmonisation in the implementation of GTAs, are major obstacles to the effective application of the Directive.

The Commission is called on to be firm in its enforcement, including by making greater use of the right to initiate infringement proceedings, for example in the case of systematic use of exclusions.

Member States are asked for more systematic and comprehensive reporting of consistent, accurate and comparable data concerning their use of exemptions in order to improve scrutiny over and the implementation of the relevant Commission guidelines.

Tackling market fragmentation and increasing SME participation

Parliament noted that the level of SME participation in the defence market remains low and the certification processes are regarded as costly, lengthy and burdensome, and hence neither accessible nor attractive for SMEs. It called on Member States to follow the Commission's recommendation on access to cross-border defence markets for sub-suppliers and SMEs, in particular regarding the quality of information requirements, the division of contracts into lots or the alleviation of the administrative burden arising from the procurement procedure. The Commission is invited to improve SMEs' access to finance and to thoroughly examine the reasons why SMEs are not fully integrated into the single market for defence products.

The resolution suggests the creation of an updated map of relevant SME data that would allow Member States to identify SMEs with the necessary capacity for a given project.

Towards a European defence equipment market (EDEM)

Members considered that better implementation of the directives would enhance the effectiveness of defence initiatives launched in recent years, including the Permanent Structured Cooperation (PESCO), the Coordinated Annual Review of Defence (CARD), the EDF and the Capability Development Plan (CDP). They called on Member States to strengthen the EDEM by cooperating on projects under the PESCO and the EDF.

The Commission is invited to take specific actions to strengthen confidence between Member States in the field of defence and security. Member States are called upon to demonstrate political will by strengthening intra-EU defence procurement and research and development cooperation, as well as to use common procurement and research projects to boost interoperability between their militaries.

The resolution called for a more coherent implementation of the EU common position on arms exports and stresses the need for the Commission to present a strategy for a comprehensive EU-wide security of supply regime strategy, in order to establish a reliable and comprehensive European defence equipment market and an efficient defence sector.

Lastly, it recommended an appropriate analysis be carried out into what impact Brexit will have on the EU defence equipment market.

Documents
2021/03/25
   EP - End of procedure in Parliament
2021/03/08
   EP - Committee report tabled for plenary
Details

The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Andreas SCHWAB (EPP, DE) on the implementation of Directive 2009/81/EC, concerning procurement in the fields of defence and security, and of Directive 2009/43/EC, concerning the transfer of defence-related products. The report takes stock of the state of implementation of the two directives in order to allow the plenary to draw conclusions and make recommendations for concrete actions to be taken, both in terms of improving implementation and proposing possible legislative revisions.

Improving the functioning of the internal market for defence products through better implementation and enforcement of the defence package

Members reiterated their support for the ambitions of the defence package directives and stressed that the effective implementation of the directives is a step towards the EU’s ambition of strategic autonomy and a European Defence Union. They pointed out, however, that a very high volume of procurement expenditure is still incurred outside the directive and that an overwhelming percentage of contracts are still awarded nationally.

Members considered that the effective implementation and enforcement of the Defence Procurement Directive remains a top priority and that, to this end, Member States should ensure equal treatment, transparency, competition and access to public procurement contracts.

The report also stressed the importance of having a genuine internal market for intra-EU transfers of defence-related products. It noted that take-up of the new tools, including general transfer licences (GTLs), is relatively low compared to individual transfer licences, which were to be replaced by the new tools.

The Commission is called on to be firm in its enforcement, including by making greater use of the right to initiate infringement proceedings, for example in the case of systematic use of exclusions.

Member States are asked for more systematic and comprehensive reporting of consistent, accurate and comparable data concerning their use of exemptions in order to improve scrutiny over and the implementation of the relevant Commission guidelines.

Tackling market fragmentation and increasing SME participation

The report noted that the level of SME participation in the defence market remains low. It called on Member States to follow the Commission's recommendation on access to cross-border defence markets for sub-suppliers and SMEs, in particular regarding the quality of information requirements, the division of contracts into lots or the alleviation of the administrative burden arising from the procurement procedure. The Commission is invited to improve SMEs' access to finance and to thoroughly examine the reasons why SMEs are not fully integrated into the single market for defence products.

Towards a European defence equipment market (EDEM)

Members considered that better implementation of the directives would enhance the effectiveness of defence initiatives launched in recent years, including the Permanent Structured Cooperation (PESCO), the Coordinated Annual Review of Defence (CARD), the EDF and the Capability Development Plan (CDP). They called on Member States to strengthen the EDEM by cooperating on projects under the PESCO and the EDF.

The Commission is invited to take specific actions to strengthen confidence between Member States in the field of defence and security in order to enhance their cooperation and create a genuine single market for defence products.

Member States are called upon to demonstrate political will by strengthening intra-EU defence procurement and research and development cooperation, as well as to use common procurement and research projects to boost interoperability between their militaries.

The report called for a more coherent implementation of the EU common position on arms exports and stresses the need for the Commission to present a strategy for a comprehensive EU-wide security of supply regime strategy, in order to establish a reliable and comprehensive European defence equipment market and an efficient defence sector.

Documents
2021/02/22
   EP - Vote in committee
2020/12/11
   EP - Committee opinion
Documents
2020/11/11
   EP - Amendments tabled in committee
Documents
2020/10/09
   EP - Committee draft report
Documents
2020/04/22
   EP - MIKSER Sven (S&D) appointed as rapporteur in AFET
2019/12/19
   EP - Committee referral announced in Parliament
2019/11/06
   EP - SCHWAB Andreas (EPP) appointed as rapporteur in IMCO

Documents

Votes

Marchés publics dans les domaines de la défense et de la sécurité et transferts de produits liés à la défense: mise en œuvre des directives en la matière - Procurement in the fields of defence and security and transfer of defence-related products: implementation of relevant Directives - Auftragsvergabe in den Bereichen Verteidigung und Sicherheit und Verbringung von Verteidigungsgütern: Umsetzung der einschlägigen Richtlinien - A9-0025/2021 - Andreas Schwab - § 10/1 #

2021/03/24 Outcome: +: 610, -: 69, 0: 11
DE IT PL ES RO NL HU FR BE SE AT BG CZ SK FI DK LT PT HR LV SI EE MT IE LU EL CY
Total
88
73
52
59
33
29
21
78
21
20
18
17
21
14
14
14
11
21
12
8
8
7
6
13
5
21
6
icon: PPE PPE
171

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1

Malta PPE

2

Luxembourg PPE

2
2
icon: S&D S&D
142

Czechia S&D

For (1)

1

Lithuania S&D

2

Latvia S&D

2

Slovenia S&D

2

Estonia S&D

2
4

Luxembourg S&D

For (1)

1

Greece S&D

2

Cyprus S&D

2
icon: Renew Renew
97

Italy Renew

2

Hungary Renew

2
3

Austria Renew

For (1)

1

Slovakia Renew

2

Finland Renew

3

Lithuania Renew

1

Croatia Renew

For (1)

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

3

Ireland Renew

2

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
68

Poland Verts/ALE

For (1)

1

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Sweden Verts/ALE

3

Austria Verts/ALE

3

Czechia Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Lithuania Verts/ALE

2

Portugal Verts/ALE

1

Latvia Verts/ALE

1

Ireland Verts/ALE

2
icon: ECR ECR
62

Romania ECR

1

Netherlands ECR

4

Bulgaria ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

2

Greece ECR

1
icon: NI NI
38

Germany NI

Against (1)

2

Netherlands NI

1

Slovakia NI

For (1)

Abstain (1)

2

Lithuania NI

1

Croatia NI

2
icon: ID ID
73

Netherlands ID

Against (1)

1
3

Czechia ID

Against (1)

Abstain (1)

2

Finland ID

2

Denmark ID

For (1)

1

Estonia ID

For (1)

1
icon: The Left The Left
39

Netherlands The Left

Against (1)

1

Belgium The Left

Against (1)

1

Sweden The Left

Against (1)

1

Czechia The Left

Against (1)

1

Finland The Left

Against (1)

1

Denmark The Left

Against (1)

1

Portugal The Left

4

Ireland The Left

4

Cyprus The Left

2

A9-0025/2021 - Andreas Schwab - § 10/2 #

2021/03/24 Outcome: +: 522, -: 143, 0: 25
IT PL ES RO DE HU BG NL BE CZ AT SK SE HR PT EE SI LV LT FI DK MT LU EL CY IE FR
Total
73
52
59
33
88
21
17
29
21
21
18
14
20
12
21
7
8
8
11
14
14
6
5
21
6
13
78
icon: PPE PPE
171

Hungary PPE

1

Estonia PPE

For (1)

1

Latvia PPE

2

Denmark PPE

For (1)

1

Malta PPE

2

Luxembourg PPE

2
2
icon: S&D S&D
142

Czechia S&D

For (1)

1

Estonia S&D

2

Slovenia S&D

2

Latvia S&D

2

Lithuania S&D

For (1)

2
4

Luxembourg S&D

For (1)

1

Greece S&D

2

Cyprus S&D

2
icon: Renew Renew
97

Italy Renew

2

Hungary Renew

2

Austria Renew

Against (1)

1

Slovakia Renew

Abstain (1)

2

Sweden Renew

For (1)

3

Croatia Renew

For (1)

1

Estonia Renew

3

Slovenia Renew

For (1)

Abstain (1)

2

Latvia Renew

For (1)

1

Lithuania Renew

1

Finland Renew

3

Luxembourg Renew

2

Ireland Renew

2
icon: ECR ECR
62

Romania ECR

1

Bulgaria ECR

2

Croatia ECR

For (1)

1

Latvia ECR

2

Lithuania ECR

1

Greece ECR

Abstain (1)

1
icon: ID ID
73

Netherlands ID

Against (1)

1

Czechia ID

For (1)

Abstain (1)

2
3

Estonia ID

For (1)

1

Finland ID

2

Denmark ID

For (1)

1
icon: NI NI
38

Germany NI

2

Netherlands NI

1

Slovakia NI

For (1)

Against (1)

2

Croatia NI

2

Lithuania NI

1
icon: The Left The Left
39

Netherlands The Left

Against (1)

1

Belgium The Left

Against (1)

1

Czechia The Left

Against (1)

1

Sweden The Left

Against (1)

1

Portugal The Left

4

Finland The Left

Against (1)

1

Denmark The Left

Against (1)

1

Cyprus The Left

2

Ireland The Left

4
icon: Verts/ALE Verts/ALE
68

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Czechia Verts/ALE

3

Austria Verts/ALE

For (1)

Against (2)

3

Sweden Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

A9-0025/2021 - Andreas Schwab - Am 1 #

2021/03/24 Outcome: -: 341, +: 183, 0: 166
IT IE BE MT AT CY EL FI DK LT SE LU PT LV EE SI HR SK DE NL ES CZ BG HU RO FR PL
Total
73
13
21
6
18
6
21
14
14
11
20
5
21
8
7
8
12
14
88
29
59
21
17
21
33
78
52
icon: Verts/ALE Verts/ALE
68

Ireland Verts/ALE

2

Belgium Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Lithuania Verts/ALE

2

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Latvia Verts/ALE

1

Netherlands Verts/ALE

3

Spain Verts/ALE

3

Czechia Verts/ALE

3

Poland Verts/ALE

For (1)

1
icon: The Left The Left
39

Belgium The Left

For (1)

1

Cyprus The Left

2

Finland The Left

For (1)

1

Denmark The Left

1

Sweden The Left

For (1)

1

Portugal The Left

4

Netherlands The Left

For (1)

1

Czechia The Left

1
icon: S&D S&D
142

Belgium S&D

Abstain (1)

3

Cyprus S&D

For (1)

Abstain (1)

2

Greece S&D

Abstain (1)

2

Finland S&D

2

Lithuania S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2

Slovenia S&D

Abstain (2)

2

Slovakia S&D

3

Czechia S&D

Abstain (1)

1
icon: NI NI
38

Lithuania NI

1

Croatia NI

2

Slovakia NI

Against (1)

2

Germany NI

2

Netherlands NI

Against (1)

1
icon: ID ID
73

Austria ID

3

Finland ID

2

Denmark ID

Against (1)

1

Estonia ID

Abstain (1)

1

Netherlands ID

Against (1)

1

Czechia ID

Against (1)

Abstain (1)

2
icon: ECR ECR
62

Greece ECR

1

Lithuania ECR

Against (1)

1
3

Latvia ECR

2

Croatia ECR

Against (1)

1

Slovakia ECR

Abstain (1)

2

Netherlands ECR

4

Bulgaria ECR

2

Romania ECR

Against (1)

1
icon: Renew Renew
97

Italy Renew

For (1)

Abstain (1)

2

Ireland Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Lithuania Renew

Against (1)

1

Sweden Renew

For (1)

3

Luxembourg Renew

2

Latvia Renew

Against (1)

1

Estonia Renew

3

Slovenia Renew

Against (1)

Abstain (1)

2

Croatia Renew

Against (1)

1

Slovakia Renew

Against (1)

Abstain (1)

2

Bulgaria Renew

3

Hungary Renew

2
icon: PPE PPE
171

Belgium PPE

For (1)

Abstain (1)

4

Malta PPE

2

Cyprus PPE

2

Finland PPE

3

Denmark PPE

Against (1)

1

Luxembourg PPE

2

Latvia PPE

2

Estonia PPE

Against (1)

1

Slovenia PPE

4

Hungary PPE

Against (1)

1

Marchés publics dans les domaines de la défense et de la sécurité et transferts de produits liés à la défense: mise en œuvre des directives en la matière - Procurement in the fields of defence and security and transfer of defence-related products: implementation of relevant Directives - Auftragsvergabe in den Bereichen Verteidigung und Sicherheit und Verbringung von Verteidigungsgütern: Umsetzung der einschlägigen Richtlinien - A9-0025/2021 - Andreas Schwab - Proposition de résolution #

2021/03/25 Outcome: +: 470, 0: 121, -: 96
PL IT ES RO HU NL BG DE CZ SK PT SE BE AT LT DK HR FR SI LV MT LU FI EE EL CY IE
Total
52
74
59
32
21
28
16
93
20
13
17
20
21
19
11
14
11
78
8
8
6
6
14
7
20
6
13
icon: PPE PPE
170

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Malta PPE

2

Luxembourg PPE

2

Estonia PPE

For (1)

1
2
icon: S&D S&D
144

Czechia S&D

For (1)

1

Lithuania S&D

2

Slovenia S&D

2

Latvia S&D

2
4

Luxembourg S&D

For (1)

1

Estonia S&D

2

Greece S&D

2

Cyprus S&D

2
icon: Renew Renew
95

Italy Renew

2

Hungary Renew

2

Bulgaria Renew

2

Slovakia Renew

1
3

Austria Renew

For (1)

1

Lithuania Renew

1

Croatia Renew

For (1)

1

Slovenia Renew

2

Latvia Renew

For (1)

1

Luxembourg Renew

2

Finland Renew

3

Estonia Renew

3

Ireland Renew

2
icon: ECR ECR
62

Romania ECR

1

Netherlands ECR

4

Bulgaria ECR

2
3

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

2

Greece ECR

1
icon: NI NI
38

Netherlands NI

Against (1)

1

Germany NI

Against (1)

Abstain (1)

2

Slovakia NI

Abstain (1)

2

Lithuania NI

1

Croatia NI

Against (1)

Abstain (1)

2
icon: Verts/ALE Verts/ALE
71

Poland Verts/ALE

Abstain (1)

1

Spain Verts/ALE

3

Netherlands Verts/ALE

2

Czechia Verts/ALE

3

Portugal Verts/ALE

Abstain (1)

1

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Austria Verts/ALE

3

Lithuania Verts/ALE

2

Denmark Verts/ALE

2

Latvia Verts/ALE

Abstain (1)

1

Luxembourg Verts/ALE

Abstain (1)

1

Finland Verts/ALE

3

Ireland Verts/ALE

2
icon: The Left The Left
36

Netherlands The Left

Against (1)

1

Czechia The Left

Against (1)

1

Portugal The Left

2

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1

Denmark The Left

Against (1)

1

Finland The Left

Against (1)

1

Cyprus The Left

2

Ireland The Left

4
icon: ID ID
71

Netherlands ID

Against (1)

1

Czechia ID

Against (1)

1

Austria ID

3

Denmark ID

Abstain (1)

1

Finland ID

2

Estonia ID

Against (1)

1
AmendmentsDossier
158 2019/2204(INI)
2020/11/06 AFET 82 amendments...
source: 660.191
2020/11/11 IMCO 76 amendments...
source: 660.265

History

(these mark the time of scraping, not the official date of the change)

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url: /oeil/spdoc.do?i=55927&j=0&l=en title: SP(2021)409
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Commission response to text adopted in plenary
body
EC
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2021-03-25T00:00:00
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  • The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Andreas SCHWAB (EPP, DE) on the implementation of Directive 2009/81/EC, concerning procurement in the fields of defence and security, and of Directive 2009/43/EC, concerning the transfer of defence-related products. The report takes stock of the state of implementation of the two directives in order to allow the plenary to draw conclusions and make recommendations for concrete actions to be taken, both in terms of improving implementation and proposing possible legislative revisions.
  • Improving the functioning of the internal market for defence products through better implementation and enforcement of the defence package
  • Members reiterated their support for the ambitions of the defence package directives and stressed that the effective implementation of the directives is a step towards the EU’s ambition of strategic autonomy and a European Defence Union. They pointed out, however, that a very high volume of procurement expenditure is still incurred outside the directive and that an overwhelming percentage of contracts are still awarded nationally.
  • Members considered that the effective implementation and enforcement of the Defence Procurement Directive remains a top priority and that, to this end, Member States should ensure equal treatment, transparency, competition and access to public procurement contracts.
  • The report also stressed the importance of having a genuine internal market for intra-EU transfers of defence-related products. It noted that take-up of the new tools, including general transfer licences (GTLs), is relatively low compared to individual transfer licences, which were to be replaced by the new tools.
  • The Commission is called on to be firm in its enforcement, including by making greater use of the right to initiate infringement proceedings, for example in the case of systematic use of exclusions.
  • Member States are asked for more systematic and comprehensive reporting of consistent, accurate and comparable data concerning their use of exemptions in order to improve scrutiny over and the implementation of the relevant Commission guidelines.
  • Tackling market fragmentation and increasing SME participation
  • The report noted that the level of SME participation in the defence market remains low. It called on Member States to follow the Commission's recommendation on access to cross-border defence markets for sub-suppliers and SMEs, in particular regarding the quality of information requirements, the division of contracts into lots or the alleviation of the administrative burden arising from the procurement procedure. The Commission is invited to improve SMEs' access to finance and to thoroughly examine the reasons why SMEs are not fully integrated into the single market for defence products.
  • Towards a European defence equipment market (EDEM)
  • Members considered that better implementation of the directives would enhance the effectiveness of defence initiatives launched in recent years, including the Permanent Structured Cooperation (PESCO), the Coordinated Annual Review of Defence (CARD), the EDF and the Capability Development Plan (CDP). They called on Member States to strengthen the EDEM by cooperating on projects under the PESCO and the EDF.
  • The Commission is invited to take specific actions to strengthen confidence between Member States in the field of defence and security in order to enhance their cooperation and create a genuine single market for defence products.
  • Member States are called upon to demonstrate political will by strengthening intra-EU defence procurement and research and development cooperation, as well as to use common procurement and research projects to boost interoperability between their militaries.
  • The report called for a more coherent implementation of the EU common position on arms exports and stresses the need for the Commission to present a strategy for a comprehensive EU-wide security of supply regime strategy, in order to establish a reliable and comprehensive European defence equipment market and an efficient defence sector.
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  • See also Directive 2009/43 2007/0279(COD) See also Directive 2009/81 2007/0280(COD)
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