national models of defence procurement regulation in the eu

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© OECD A joint initiative of the OECD and the European Union, principally financed by the EU National Models of National Models of Defence Procurement Defence Procurement Regulation in the EU Regulation in the EU Martin TRYBUS Professor of European Law and Policy Director, Institute of European Law Birmingham Law School Seminar on European Defence Procurement, Bucharest, 13-14 November 2007

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National Models of Defence Procurement Regulation in the EU. Martin TRYBUS Professor of European Law and Policy Director, Institute of European Law Birmingham Law School. Seminar on European Defence Procurement , Bucharest , 13-14 November 2007. France. - PowerPoint PPT Presentation

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Page 1: National Models of Defence Procurement Regulation in the EU

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UNational Models of Defence National Models of Defence Procurement Regulation in Procurement Regulation in

the EUthe EU

Martin TRYBUS Professor of European Law and Policy

Director, Institute of European Law

Birmingham Law School

Seminar on European Defence Procurement, Bucharest, 13-14 November 2007

Page 2: National Models of Defence Procurement Regulation in the EU

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FranceFrance Traditional strategy of means.

Since 1990s: considerable reduction• of the defence budget• of the armed forces

Defence industries: considerable part of the defence industries are State-owned.

Strong position of the DGA.

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UDefence Procurement: Defence Procurement:

FranceFrance Defence procurement is regulated by an

enforceable Act of Parliament, the Code des Marchés Publics.

Negotiated procedure can be used in times of mobilisation and to protect a national defence industrial capability.

Stringent enforcement system applies.

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UFrench defence procurement French defence procurement

legislationlegislation

Government Procurement Code Government Directive of Prices Books of General Administrative

Clauses Books of Auditing Clauses General Clauses DGA Code of Administrative Tribunals

and Appelate Administrative Courts

Page 5: National Models of Defence Procurement Regulation in the EU

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GermanyGermany

No defence industrial policy and limitations of defence production.

European ‘champion’ of reduction of defence budget and armed forces.

German defence industries.

BWB.

Page 6: National Models of Defence Procurement Regulation in the EU

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UDefence Procurement: Defence Procurement:

GermanyGermany

Defence procurement is subject to a detailed code (VOL/A) , but the code is not enforceable (old German system still applies).

No judicial remedies.• Recently a discussion if administrative

judicial review should apply.

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United KingdomUnited Kingdom

Largest and most diverse defence industries in Europe.

Budget cuts not as sever as in other Member States.

Central role of the Defence Commercial Directorate.

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UDefence Commercial DirectorateDefence Commercial Directorate

Strategic leadership across the full range of MOD acquisition, procurement and commercial activities.

The new Directorate brings together existing organisations and was officially launched on 2/4/2007.

The structure of the Defence Commercial Directorate is:

Director General Acquisition Policy Directorate of Defence Acquisition Directorate of Defence Commercial PolicyDirectorate of Intellectual Property RightsDirectorate of Supplier RelationsPrivate Finance Unit

Page 9: National Models of Defence Procurement Regulation in the EU

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UDefence Procurement: Defence Procurement: UKUK

Defence procurement is not regulated at all.

Procurement is handled on a case-by-case basis.

Principles of contracting.

Defence procurement is a matter of policy rather than law.

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URegulation of defence Regulation of defence

procurement?procurement?

Option 1: exclude defence procurement from normal procurement regime (UK)

Option 2: subject defence procurement to the normal regime (France)

Option 3: draft a special regime for defence procurement separate from the normal regime accommodating the special characteristics

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ConclusionsConclusions

Use of a regime other than • Directive 2004/18/EC or • the EDA Code of Conduct

only in situations justified by Article 296 EC Treaty.

Extreme cases – purpose of regulation.

French and German approaches based on an inaccurate interpretation of Article 296 EC.

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LinksLinks

http://www.defense.gouv.fr/dga/

http://www.mod.uk/DefenceInternet/AboutDefence/WhatWeDo/FinanceandProcurement/DCD/

http://www.bwb.org/01DB022000000001/Docname/index.html