Summary
EU defence and security procurement has entered a structural expansion phase. Aggregate EU member state defence spending exceeded €300 billion in 2025 — the fastest growth rate in three decades — driven by the war in Ukraine, NATO's 2% GDP commitment, and the EU's own Strategic Compass. The European Defence Fund (EDF) with €8 billion for 2021–2027, the new ReArm Europe/SAFE instrument proposing up to €150 billion in joint procurement loans, and the European Defence Industry Programme (EDIP) are reshaping the procurement landscape. This guide covers the legal framework under Directive 2009/81/EC, the European Defence Agency (EDA), security clearances, dual-use technology rules, and the bid strategy required to enter this specialised market in 2026.
The Scale of EU Defence Spending in 2026
The geopolitical environment since February 2022 has fundamentally altered European defence procurement. Prior to Russia's invasion of Ukraine, many EU member states were spending well below the NATO 2% GDP target. By 2025, the majority of EU NATO members had reached or exceeded the threshold, and the European Commission's ReArm Europe initiative — announced in early 2025 — proposed mechanisms to unlock up to €800 billion in additional defence investment across the EU over four years through a combination of national fiscal flexibility, joint procurement instruments, and EIB lending.
For defence industry suppliers, this represents the largest sustained procurement expansion in a generation. Contracts span the full spectrum: major platforms (armoured vehicles, artillery, naval vessels, combat aircraft), munitions and ordnance replenishment, command and control systems, cyber defence infrastructure, ISR (intelligence, surveillance, reconnaissance) capabilities, military logistics and maintenance, military construction and base infrastructure, and security services for critical national infrastructure.
Beyond pure military procurement, the security market — encompassing police equipment, border management systems, emergency services, critical infrastructure protection, and intelligence support services — adds another substantial layer of procurement activity, governed by a mix of Directive 2009/81/EC and the standard Public Sector Directive 2014/24/EU depending on the sensitivity of the capability.
Legal Framework: Directive 2009/81/EC
Directive 2009/81/EC governs the procurement of defence and security-sensitive contracts across the EU. It applies to contracts for military equipment, sensitive security equipment, and related works and services. Key features that distinguish it from the standard Public Sector Directive include:
- Security of information: Contracting authorities can impose requirements to protect classified information throughout the supply chain, including obligations flowing down to subcontractors.
- Security of supply: Authorities can require suppliers to demonstrate capacity to execute and sustain supply — including prioritisation obligations during crises — as part of selection and award criteria.
- Subcontracting requirements: Contracting authorities may require prime contractors to open a portion of the contract to competitive subcontracting, typically 30%, to support industrial base access for SMEs and cross-border participation.
- Restricted procedure by default: Unlike the standard directive, the restricted procedure is the normal approach for defence contracts — giving authorities more control over which companies are invited to tender.
- Negotiated procedure: Allowed in a broader range of circumstances than under Directive 2014/24/EU, reflecting the operational and security sensitivities of defence procurement.
Not all defence procurement falls under Directive 2009/81/EC. Article 346 of the Treaty on the Functioning of the EU (TFEU) allows member states to exclude contracts from all EU procurement rules where essential national security interests are at stake. The scope of Article 346 exclusions varies significantly by member state and has been narrowing following ECJ jurisprudence — but for the most sensitive national programmes, it remains relevant.
The European Defence Fund and EDA
The European Defence Fund (EDF) — with €8 billion over the 2021–2027 Multiannual Financial Framework — funds collaborative research and development of defence capabilities across EU member states. EDF calls for proposals are published by DG DEFIS (Defence Industry and Space) and are open to entities established in EU member states (and associated Norway). Unlike TED procurement contracts, EDF is a grants mechanism — but winning EDF funding significantly enhances a company's credibility in subsequent national procurement competitions, as it signals EU-endorsed collaborative capability.
The European Defence Agency (EDA) coordinates voluntary collaborative procurement programmes among participating member states. EDA programmes — such as the ESSOR interoperable radio waveform programme, the MALE RPAS drone programme, and various cyber and logistics capability projects — are procured through EDA's own procedures, which are separate from TED but follow similar competitive principles. Companies wishing to participate should engage directly with EDA's Capability, Armament and Technology directorate and with their national ministry of defence.
The new EDIP (European Defence Industry Programme), agreed in early 2025, provides €1.5 billion to incentivise collaborative production of priority capabilities and stimulate industrial investment. EDIP procurement through OCCAR (the Organisation for Joint Armament Cooperation) and bilateral ministerial programmes will generate significant new contract volumes through 2027.
Security Clearances and Industrial Security
Security clearances are a fundamental entry barrier for defence and security procurement. Depending on the classification level of the programme — NATO CONFIDENTIAL, SECRET, COSMIC TOP SECRET, or national equivalents — both the company (a Facility Security Clearance, or FSC) and individual personnel (Personnel Security Clearances, or PSC) will be required before access to classified information is granted.
Clearance processes are administered nationally by each member state's National Security Authority (NSA). Processing times vary considerably: UK (UKSV) and French (SGDSN) processes typically run 3–6 months for standard clearances; some Eastern European NSAs have shorter timelines. Companies new to the defence sector should begin the FSC application process early — ideally 12–18 months before expecting to bid on classified programmes — as clearance cannot be expedited once submitted.
Industrial security requirements extend to physical security of facilities, IT security (meeting national and NATO IS standards for handling classified digital information), personnel vetting processes, and supply chain security obligations. Primes bidding on sensitive contracts must be prepared to demonstrate their industrial security management system and the FSC status of any key subcontractors.
Key CPV Codes for Defence and Security
Defence and security procurement on TED uses a distinct set of CPV codes. The primary ranges to monitor are:
- 35000000 — Security, fire-fighting, police and defence equipment
- 35100000 — Emergency and security equipment
- 35200000 — Police equipment
- 35300000 — Weapons, ammunition and associated parts
- 35400000 — Military vehicles and associated parts
- 35500000 — Warships and associated parts
- 35600000 — Military aircraft, missiles and spacecraft and associated parts
- 35700000 — Military electronic systems
- 35800000 — Personal and support equipment
- 72500000 — Computer-related services (used for military C2 systems)
- 75200000 — Provision of services to the community
Note that many sensitive defence contracts are not published on TED at all — they are procured under Article 346 TFEU exemptions or through restricted government-to-government (G2G) channels. The published TED notices therefore represent only a subset of actual defence procurement activity, biased toward less sensitive logistics, maintenance, facility management, IT support, and training services.
Bid Strategy for Defence Contracts
Winning defence procurement contracts requires a long-term relationship-building approach that differs significantly from commercial procurement. Because restricted procedures are the norm, companies that are not already known to the procurement authority — through prior contract performance, EDF/EDA programme participation, or industry association engagement — are unlikely to receive invitations to tender. Market engagement through pre-commercial dialogue, participation in defence industry fora (ASD, EDA Industrial Advisory Group, national defence industry associations), and proactive capability demonstrations to procurement authorities is the essential prerequisite.
Technical evaluation in defence procurement is typically weighted heavily — 60–80% quality, 20–40% price for complex capability contracts — with security of supply, industrial sovereignty considerations, and through-life support capability all assessed. Suppliers must demonstrate not just the capability to deliver the initial contract but the sustainability of the industrial base to support the equipment through its operational life, which may be 20–30 years for major platforms.
Key Takeaways
- EU defence spending exceeded €300B in 2025; ReArm Europe and EDIP are driving the largest procurement expansion in a generation, with volumes accelerating through 2027.
- Directive 2009/81/EC governs sensitive defence and security contracts; Article 346 TFEU exempts the most classified programmes from all EU rules — TED notices reflect only a subset of actual defence activity.
- Facility Security Clearances take 12–18 months to obtain; companies new to the sector must begin the process early and engage with their national NSA before bidding on classified programmes.
- The European Defence Fund (€8B) and EDIP (€1.5B) provide collaborative R&D and production funding — winning EDF grants builds the credibility essential for subsequent national procurement competitions.
- Restricted procedures are standard; relationship-building through industry fora, EDA engagement, and pre-commercial dialogue is the primary route to receiving ITTs on major defence programmes.