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High Level Seminar on the scope of application of Article 346 TFEU

On 11 May the Agency hosted a High Level Seminar on the scope of application of Article 346 TFEU which provides for Member States exempting certain defence contracts from the rules of the EU internal market to protect essential national security interests.

Over 100 senior government representatives discussed the legal framework for defence procurement, exchanged views on the specificities of the defence market and addressed the implications for national security interests and operational sovereignty.

Recent Member States’ and EU Commission's initiatives towards greater openness of European defence markets have significantly contributed to the development of a genuine European Defence Equipment Market. Both intergovernmental and regulatory efforts introducing transparent and competitive rules in defence procurement help ensure that the Member States’ Armed Forces get the best possible, cutting-edge equipment at the right time while achieving the best value for money.

The seminar concluded that this twin-track approach based on a confidence building process, transparency and a continuous dialogue with all stakeholders is the best way to address the defence market’s strategic contribution to meeting and sustaining national security needs and CSDP commitments.

The speakers included:

  • Josselin de Rohan, President of the French Senate Committee on Foreign Affairs, Defence and Armed Forces
  • Edgar Buckley, Senior Vice President, Thales
  • Klaus Wiedner, Head of Unit Formulation and Enforcement of Public Procurement Law, DG Market, the European Commission
  • Nicolas Pourbaix, Senior Associate at Hogan Lovells
  • Rob de Jong, National Armaments Director, Ministry of Defence, the Netherlands
  • Arto Koski, Deputy National Armaments Director, Ministry of Defence, Finland
  • Robert Regan, Head of Directorate for International Acquisition Policy, Ministry of Defence, United Kingdom
  • Werner Frank, Deputy Director for Legal and Economic Affairs, Ministry of Defence, Germany