national models of defence procurement regulation in the eu
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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 PresentationTRANSCRIPT
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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
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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
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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.
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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
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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