Liberalizacja rynku produktów obronnych w Unii Europejskiej
Liberalisation of the EU Defence Equipment Market

Summary/Abstract: This paper outlines the functioning of the defense equipment market in the European Union and initiatives of political and legal character undertaken in the past years with the aim of liberalizing (deregulating) it. The paper focuses on a process concluded with the adoption of two directives of the European Parliament and the Council: on simplifying terms and conditions of transfers of defense-related products within the Community (Directive 2009/43/EC) and on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defense and security (Directive 2009/81/EC). Furthermore, other components of the market’s regulatory framework are analyzed, namely the Intergovernmental Regime to Encourage Competition in the European Defense Equipment Market, adopted within the framework of the European Defense Agency, and the EU’s primary law, particularly Art. 346 of the Treaty on the Functioning of the European Union (TFEU). The final part of the analysis attempts to assess the possible scenarios of the market’s evolution once all the regulative elements take effect in 2012 (when the vacatio legis expires for national laws resulting from the transposition of both directives).

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