Amendments to the security and defence procurement directive

It is now official: the EU has published Directive (EU) 2026/2383, introducing the most significant amendments to the defence procurement framework since its adoption.

On 3 November 2026, the EU published Directive (EU) 2026/2383 of the European Parliament and of the Council of 21 October 2026 amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement. The reform is designed to accelerate defence acquisition, support collaborative procurement and reduce administrative burdens for both contracting authorities and the defence and security industry. The directive enters into force on 23 November 2026. Member States must transpose these changes into national law by 24 November 2027 and the new rules and measures must be applied by 24 February 2028. The directive introduces the following key changes

• Increase in procurement thresholds: Thresholds are increased for supply and service contracts from EUR 432.000 to EUR 2 million and from EUR 5.404.000 to EUR 10 million for works contracts. This represents a significant simplification and greater flexibility for contracting authorities. The increase exceeds the European Commission’s proposal of EUR 7 million but falls short of the Council of the European Union’s proposal of EUR 15 million.
• Introduction of additional procedures: Contracts may now be awarded through an open procedure or an innovation partnership, in addition to a restricted procedure, a negotiated procedure with or without publication of a contract notice or competitive dialogue.
• Introduction of dynamic purchasing systems: The directive now allows the use of fully electronic dynamic purchasing systems for commonly procured defence and security goods and services, similar to the framework already available under the public procurement directives.
• Extension of the duration of framework agreements: The maximum duration of framework agreements is increased from seven years to ten years, with longer terms permitted in exceptional circumstances. Contracting authorities may continue to allow contracting authorities from other Member States to join existing framework agreements during their term, even where such participation was not originally envisaged, in line with Regulation (EU) 2025/2643 of the European Parliament and of the Council.
• Revised mandatory general transfer licences: While transfers of defence-related products within the EU remain subject to prior authorisation as a general rule, Member States may exempt transfers carried out within EU-funded defence programmes, other cooperative armament programmes, structured intra-EU industrial partnerships, transfers to EU institutions, as well as transfers between certified suppliers and certified recipients.
• New rules on contract modifications: The directive introduces a new Article 49a, establishing a comprehensive regime for amendments to defence and security contracts during their term. Modifications arising from unforeseeable circumstances are permitted without a new procurement procedure, provided that the overall nature of the contract remains unchanged and any increase in price does not exceed 50% of the value of the original contract or framework agreement. This approach is broadly aligned with the rules governing contract amendments in non-security public procurement.

Further details are available here: Directive (EU) 2026/2383 of the European Parliament and of the Council of 21 October 2026 amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement