Implementation of Directive 2009/81/EC

The Ministry of Defence response to the second public consultation on the implementation of European Union Directive 2009/81/EC into UK law.


The Defence and Security Public Contracts Regulations (DSPCR) 2011 implemented the European Union (EU) Directive 2009/81/EC (from here on referred to as “the directive”) into UK law. The DSPCR applies to defence and sensitive security procurements by contracting authorities and utilities throughout England, Scotland, Wales and Northern Ireland where the procurement procedures begin on or after 21 August 2011.

European Union Directive 2009/81/EC

This directive sets EU rules for the procurement of arms, munitions and war material (plus related works and services) for defence purposes, but also for the procurement of sensitive supplies, works and services for security purposes. It is tailored to the specificities of defence and security equipment and markets.

The Ministry of Defence (MOD) was responsible for implementing the directive. Implementation of the directive was mandatory. However some elements were optional and we sought views from our stakeholders in the first MOD consultation document on possible options for provisions over which we had some discretion.

Our general approach after the first consultation exercise was to minimise the regulatory burden on stakeholders. The second MOD consultation document summarises the result of the first consultation, and sought views from our stakeholders on the wording of the new regulations. The MOD published the results of the second consultation in the MOD summary response, which is published on this page.