Defence procurement in Europe, from the texts
Defence and security contracts for military or sensitive equipment in the EU fall under Directive 2009/81/EC, which applies above EUR 432,000 for supplies and services and EUR 5,404,000 for works; on 9 October 2026 the Council adopted an amendment that raises those thresholds to EUR 2,000,000 and EUR 10,000,000, not yet in the Official Journal on 11 October 2026. On TED, 45.0% of the lots in CPV division 35, security and defence equipment, drew a single bid from January to July 2026, against 35.9% across all lots.
Legal texts read in the Official Journal, the Council's and the Parliament's registers, the EU Law Tracker and the Diário da República on 11 October 2026. Figures: TED award notices harvested on 8 September 2026; Portal BASE (IMPIC), edition of 5 October 2026.
The defence directive in force
Directive 2009/81/EC covers the supply of military equipment and of sensitive equipment, the works, supplies and services directly related to that equipment, and works and services for specifically military purposes (Article 2). It applies above its own thresholds, which Commission Delegated Regulation (EU) 2025/2487 set from 1 January 2026: EUR 432,000 for supplies and services and EUR 5,404,000 for works (Article 8 as amended). They follow the thresholds of the utilities directive, not the lower ones for central and sub-central buyers on the EU thresholds page.
Its procedures are its own. Article 25 lets buyers use the restricted procedure or the negotiated procedure with publication of a contract notice, a competitive dialogue in the cases of Article 27, and a negotiated procedure without publication only in the cases of Article 28. Notices go to the Publications Office of the European Union (Annex VI), whose TED is the online version of the Supplement to the Official Journal.
The proposed EU Public Procurement Act leaves this field alone: its Article 78(1) excludes every contract within the scope of Directive 2009/81/EC. What the proposal changes for everything else.
The amendment the Council adopted on 9 October 2026
On 9 October 2026 the Council approved the Parliament's first-reading position of 16 September 2026 on the directive amending Directives 2009/43/EC and 2009/81/EC, part of what the Council calls the "Omnibus V" package (procedure 2025/0177(COD), text PE-CONS 46/26). For procurement, it changes this:
| Today | Adopted text | |
|---|---|---|
| Threshold, supplies and services | EUR 432,000 | EUR 2,000,000 |
| Threshold, works | EUR 5,404,000 | EUR 10,000,000 |
| Procedures with a contract notice | Restricted, negotiated | Open, restricted, negotiated |
Thresholds net of VAT. Sources: Article 8 of Directive 2009/81/EC as amended by Delegated Regulation (EU) 2025/2487; Article 2(2) and 2(7) of PE-CONS 46/26.
Nothing changes for a tender yet. On 11 October 2026 the directive was not in the Official Journal: the Council's press release of 9 October 2026 says the acts "will be published in the EU’s official journal in the coming days", and the Law Tracker's last event is the Council's approval. It enters into force on the twentieth day after publication (Article 4); Member States then have 12 months to adopt their national measures and apply them 15 months after entry into force (Article 3(1)). Until then, the thresholds in force are the ones on the left.
SAFE: EUR 150 billion in defence loans
The Security Action for Europe, Council Regulation (EU) 2025/1106, lends Member States up to EUR 150 billion (Articles 5 and 6) for defence products bought through common procurement: a procedure carried out by at least one Member State receiving SAFE money and one more Member State, an EEA EFTA State or Ukraine (Article 2(3)). Contractors must be established, with their executive management, in the Union, an EEA EFTA State or Ukraine, and components from elsewhere may not exceed 35% of the estimated cost of the components of the end product (Article 16).
The dates that matter: requests were due by 30 November 2025 (Article 7(1)); a procurement by a single Member State qualifies only if its contract was signed by 30 May 2026 (Article 4(3)), a date now past, so new purchases have to be common ones (Article 4(1)); and payments can be approved until 31 December 2030 (Article 12(1)).
Portugal asked on 29 November 2025. Council Implementing Decision (EU) 2026/369 of 11 February 2026 makes a loan of up to EUR 5,841,179,332 available to it, with EUR 876,176,899.80 as pre-financing (Article 2). On 6 August 2026 the Portuguese Council of Ministers approved the creation of the Estrutura Nacional SAFE to coordinate and monitor the country's participation. Portugal in detail, in Portuguese.
EDIP, the defence industry programme
The European Defence Industry Programme, Regulation (EU) 2025/2643, has EUR 1.2 billion for the period to 31 December 2027, plus EUR 300 million for its Ukraine Support Instrument (Article 3(1) and (2)), and at least 15% of the first must go to common procurement actions (Article 3(4)). The Commission adopted a work programme of EUR 1.5 billion on 30 March 2026: EUR 240 million of it for the joint procurement of defence equipment by Member States and Norway, in grants of up to EUR 20 million a project for consortia of contracting authorities, with calls on the EU Funding & Tenders Portal from 31 March 2026.
Where defence tenders are published
Above the thresholds of Directive 2009/81/EC, notices reach TED through the Publications Office, and TED is where TRINTA reads them in every member state at once. Each country also publishes under its own law. In Portugal, Decreto-Lei 104/2011, which transposes the directive, publishes notices in the Diário da República and in the Official Journal of the EU (article 51(1)) and keeps classified procedures off the electronic procurement platform (preamble). The contracts the Portuguese defence services sign are reported to Portal BASE, the national register this site counts below.
How often defence tenders draw one bid
CPV division 35 covers security, fire-fighting, police and defence equipment. From January to July 2026, 45.0% of its 2,089 lots on TED drew a single bid, against 35.9% for all 571,148 lots. By country, where a country has at least 30 lots in the division:
| Country | Single bid | Lots |
|---|---|---|
| Poland | 72.0% | 125 |
| Czechia | 62.8% | 221 |
| Portugal | 56.0% | 107 |
| Germany | 50.9% | 383 |
| Belgium | 44.4% | 54 |
| Spain | 40.2% | 164 |
| Latvia | 38.7% | 49 |
| Croatia | 36.0% | 75 |
| Romania | 34.9% | 552 |
| Bulgaria | 32.7% | 55 |
| Italy | 15.0% | 40 |
| Austria | 8.8% | 34 |
A notice counts towards the division only when all its CPV codes sit in it. The division holds police, fire-fighting and security equipment too, so it is wider than defence. TED carries contracts above the EU thresholds.
Every division and country is on where EU public tenders draw a single bid.
Portugal, counted on its own register
The Armed Forces and the services of the Ministry of National Defence signed 3,955 contracts worth EUR 326.4 million from January to August 2026. 51.8% of them were direct awards, against 42.0% for all Portuguese buyers in the same edition of the register, and 92.4% of their 906 open tenders (concursos públicos) were decided on price alone, against 70.6% nationally. A single bid came in 13.5% of the 885 open tenders that published a bidder list.
The buyers are identified by their tax number, from a list of 14 built from the ministry's organic law, each number confirmed in Portal BASE's register of entities and, for 8 of them, in a notice in the Diário da República. The list, buyer by buyer, is on the Portuguese page.
Frequently asked questions
01What is the EU defence procurement directive?
Directive 2009/81/EC, on contracts in the fields of defence and security: the supply of military and sensitive equipment, the works, supplies and services related to it, and works and services for specifically military purposes (Article 2). It sets its own thresholds and procedures (restricted and negotiated with a notice, competitive dialogue, and negotiated without a notice in the cases of Article 28), and each Member State transposes it; Portugal did so by Decreto-Lei 104/2011.
02What are the EU defence procurement thresholds in 2026?
EUR 432,000 for supplies and services and EUR 5,404,000 for works, net of VAT, applicable from 1 January 2026 under Commission Delegated Regulation (EU) 2025/2487, which amended Article 8 of Directive 2009/81/EC. The amendment the Council adopted on 9 October 2026 raises them to EUR 2,000,000 and EUR 10,000,000 once it is published and transposed.
03What is the EU defence omnibus (Omnibus V)?
The package the Council gave its final approval on 9 October 2026: a regulation on defence readiness and investment, a regulation on permit-granting for defence projects, and a directive amending Directives 2009/43/EC and 2009/81/EC. For procurement, the directive raises the thresholds to EUR 2,000,000 for supplies and services and EUR 10,000,000 for works and adds the open procedure (PE-CONS 46/26, Article 2).
04When do the new defence procurement thresholds apply?
Not yet. The directive enters into force on the twentieth day after its publication in the Official Journal, which had not happened on 11 October 2026. Member States then have 12 months to adopt their national measures and must apply them 15 months after entry into force (Article 3(1)). Until then, EUR 432,000 and EUR 5,404,000 apply.
05What is SAFE in EU defence procurement?
The Security Action for Europe, Council Regulation (EU) 2025/1106: loans of up to EUR 150 billion in total to Member States for defence products bought through common procurement, by at least one Member State receiving SAFE money and another Member State, an EEA EFTA State or Ukraine. Contracts signed by a single Member State qualified only until 30 May 2026, and payments can be approved until 31 December 2030.
06How much SAFE money does Portugal get?
A loan of up to EUR 5,841,179,332, with EUR 876,176,899.80 as pre-financing, under Council Implementing Decision (EU) 2026/369 of 11 February 2026, after Portugal's request of 29 November 2025.
07What is EDIP?
The European Defence Industry Programme, Regulation (EU) 2025/2643: EUR 1.2 billion to 31 December 2027 plus EUR 300 million for Ukraine, at least 15% of the first for common procurement actions. Its work programme of EUR 1.5 billion, adopted on 30 March 2026, puts EUR 240 million into joint procurement of defence equipment, with grants of up to EUR 20 million a project.
08Where are defence tenders published in Europe?
Above the thresholds of Directive 2009/81/EC, on TED, the online Supplement to the Official Journal, to which notices are sent through the Publications Office (Annex VI). Each country also publishes under its own law; in Portugal, Decreto-Lei 104/2011 publishes notices in the Diário da República and the Official Journal, and keeps classified procedures off the electronic platform.
09How often do defence tenders in Europe get a single bid?
45.0% of the 2,089 lots in CPV division 35 (security, fire-fighting, police and defence equipment) awarded through TED from January to July 2026 drew a single bid, against 35.9% for all lots. In Portugal, 56.0% of 107 lots.
How to cite
TRINTA, "Defence procurement in Europe: SAFE, EDIP and 2009/81", Directive 2009/81/EC, PE-CONS 46/26, TED and Portal BASE, edition 11 October 2026, https://trinta.ai/defence-procurement-europe (accessed [date]).
Sources
- Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and securityOJ L 216, 20.8.2009, p. 76. Read on 11 October 2026.
- Commission Delegated Regulation (EU) 2025/2487 of 2 December 2025 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contractsOJ L, 2025/2487, 4.12.2025. Read on 11 October 2026.
- Directive of the European Parliament and of the Council amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurementPE-CONS 46/26, 2025/0177(COD), 23 September 2026. Read on 11 October 2026.
- Simplification: Council gives final green light to new laws boosting defence industry and readinessCouncil of the EU, press release, 9 October 2026. Read on 11 October 2026.
- Procedure file 2025/0177(COD), simplification of intra-EU transfers of defence-related products and of security and defence procurementLegislative Observatory, 2025/0177(COD). Read on 11 October 2026.
- 2025/0177(COD), Directive amending Directives 2009/43/EC and 2009/81/EC (Defence Omnibus Simplification Proposal - Defence Directives)EU Law Tracker, 2025/0177(COD). Read on 11 October 2026.
- Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry InstrumentOJ L, 2025/1106, 28.5.2025. Read on 11 October 2026.
- Council Implementing Decision (EU) 2026/369 of 11 February 2026 on making the financial assistance under Regulation (EU) 2025/1106 available to PortugalOJ L, 2026/369, 19.2.2026. Read on 11 October 2026.
- Comunicado do Conselho de Ministros de 6 de agosto de 2026Conselho de Ministros, 6 de agosto de 2026, ponto 1. Read on 11 October 2026.
- Regulation (EU) 2025/2643 of the European Parliament and of the Council of 16 December 2025 establishing the European Defence Industry Programme and a framework of measures to ensure the timely availability and supply of defence products (‘EDIP Regulation’)OJ L, 2025/2643, 29.12.2025. Read on 11 October 2026.
- EDIP: Commission adopts €1.5 billion work programme to boost European and Ukrainian defence industryDirectorate-General for Defence Industry and Space, news of 30 March 2026. Read on 11 October 2026.
- About TEDted.europa.eu. Read on 11 October 2026.
- Proposal for a Regulation of the European Parliament and of the Council on public contracts and concessions, repealing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU (Public Procurement Act)COM(2026) 590 final, 2026/0265(COD); Council document ST 12969/26. Read on 11 October 2026.
- Decreto-Lei n.º 104/2011, de 6 de outubro: regime jurídico da contratação pública nos domínios da defesa e da segurançaDiário da República n.º 192/2011, Série I, 2011-10-06. Read on 11 October 2026.
- Decreto-Lei n.º 183/2014, de 29 de dezembro: orgânica do Ministério da Defesa NacionalDiário da República n.º 250/2014, Série I; alterado pelo Decreto-Lei n.º 68/2025, de 11 de abril. Read on 11 October 2026.
- TED award notices, eForms BT-759harvested through the TED search API on 8 September 2026; lots awarded from January to July 2026.
- Portal BASE (IMPIC), 2026 contracts fileedition extracted on 5 October 2026; 14 buyers identified by tax number (scripts/gen-defesa-base.py), contracts signed from January to August 2026.