The Commission's Interpretative Communication on the Application of Article 296 EC in the Field of Defence Procurement

Preferred Citation: Georgopoulos, Aris ‘The Commission’s Interpretative Communication on the Application of Article 296 EC in the Field of Defence Procurement’ Public Procurement Law Review, (2007) Issue 3 NA 43

21 Pages Posted: 2 Apr 2016

See all articles by Aris Georgopoulos

Aris Georgopoulos

University of Nottingham; University of Nottingham - School of Law

Date Written: January 10, 2007

Abstract

Article 296 EC (now Article 346 TFEU) allows EU Member States to derogate from EU internal market rules when their essential security interests are at stake. For a number of years this provision has been interpreted quite widely by Member States to the extent that it was thought that national defence markets and defence procurement were completely and automatically exempted from EU rules. The Interpretative Communication (COM (2006) 779 final) tries to clarify the Commission’s position regarding the application of this controversial provision in the field of defence procurement. The present article provides a critical analysis of the Commission’s Interpretative Communication.

Keywords: Defence procurement, Article 346 TFEU, armaments acquisitions, procurement regulation, European integration, EU defence market, competition

JEL Classification: F52, F59, H56, H57, K12, K23, K49

Suggested Citation

Georgopoulos, Aris (Aristeidis) and Georgopoulos, Aris (Aristeidis), The Commission's Interpretative Communication on the Application of Article 296 EC in the Field of Defence Procurement (January 10, 2007). Preferred Citation: Georgopoulos, Aris ‘The Commission’s Interpretative Communication on the Application of Article 296 EC in the Field of Defence Procurement’ Public Procurement Law Review, (2007) Issue 3 NA 43, Available at SSRN: https://ssrn.com/abstract=2757349

Aris (Aristeidis) Georgopoulos (Contact Author)

University of Nottingham - School of Law ( email )

Law and Social Science Building
University Park
Nottingham, Nottinghamshire NG7 2RD
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+44 (0) 115 8466307 (Phone)
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University of Nottingham ( email )

University Park
Nottingham, Nottinghamshire NG7 2RD
United Kingdom
+44 (0) 115 8466307 (Phone)
+44 (0) 115 9515696 (Fax)

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