Does the EC also make an assessment of member states essential security interests?
No. It is the member states’ prerogative to define and protect their essential security interests, as well as their decision which military equipment they want to procure. However, as guardian of the treaty, the EC may ask member states to furnish evidence for the justification of the exemption of a procurement contract. It can also bring a matter directly before the court if it considers that a member state is making improper use of the powers provided for in Article 296. In this case, it is for the member state to prove that the use of the exemption is necessary for the protection of its essential security interests.
