Open navigation
Search
Search
Expertise
Insights

CMS lawyers can provide future-facing advice for your business across a variety of specialisms and industries, worldwide.

Explore topics
Insights
About CMS

Select your region

Publication 29 Jan 2026 · International

Simplified procurement rules for defence and security procurement – the Council simplifies even more

2 min read

Following the Commission’s proposal in June 2025 to simplify the rules on defence and security procurement the Council published its position in November and proposed even more flexibility to ensure faster rearmament.

The Commission’s June proposal: simplification and speed

On 17 June 2025 the European Commission published the Defence Readiness Omnibus, a comprehensive package aimed at shifting to a defence‑readiness mindset and facilitating the immediate ramp‑up of capabilities. The Omnibus introduced targeted amendments and clarifications to EU defence legislation, including:

  • Doubling thresholds for goods and services to EUR 900,000
  • Introducing the open procedure and Dynamic Purchasing Systems (DPS)
  • Updated rules on central purchasing and framework agreements
  • Introduction of innovation partnerships
  • New rules on cross‑border procurement and joint procurement (three or more Member States)
  • A new provision for procurement following innovation
  • More flexible rules on contract modifications, tailored to defence needs
  • Amended exemptions for recurring purchases

The Council’s position: more flexibility and much higher thresholds

The Council maintains the overall direction of the Commission proposal but introduces several even more flexible amendments.

The Council supports substantially higher contract value thresholds before the directive’s full procedures apply. This would place more low to mid value defence purchases outside the regime, enabling faster nationally managed procurement and reducing compliance burdens.

Current threshold for goods and services: EUR 443,000
Commission proposal: EUR 900,000
Council proposal: EUR 3m

For construction the threshold would rise from EUR 5.38m to EUR 7m under the Commission proposal and EUR 15m under the Council proposal.

  • A simpler ‘negotiated’ procedure
    The Council retains the Commission’s proposal to permit a simplified negotiated procedure for certain joint procurements and the procurement of innovative products and services.
  • Simpler conditions for the fast‑track procedure
    The Council further eases the conditions for using the fast‑track procedure. This is intended to help Member States meet urgent capacity needs quickly and reduce administrative burdens.
  • European preference clause postponed
    Discussions on the so‑called European preference clause will wait until the revision of the procurement directives next year. For now the focus remains on simplification and the Council’s mandate reflects this.

Next steps

Following the approval of the Council’s position by Member States in November 2025 the European Parliament will present its position, and a rapid adoption is expected.

previous page

2. European Defence Bonds: a new capital market instrument for Europe’s defence

next page

4. The UK’s Defence Industrial Strategy 2025 and other key developments


Back to top Back to top