What is the relationship between the interpretative communication and a possible new defence directive?
The interpretative communication clarifies, rather than modifies, existing law. A new defence directive would coordinate national procedures for the procurement of defence equipment. It would be adapted to the specifics of defence contracts and provide more flexible rules than the existing public procurement directive (which was developed for public procurement of civil goods, services and works). Such a directive could be applied to many defence contracts. This, in turn, would make it easier for member states to use Article 296 in accordance with the treaty and the court’s case law, that is, by applying the exemption only in exceptional cases.
