Dutch Defence Procurement in Times of War and Reinvestment

Abstract

This contribution provides a legal reflection on the current challenges in Dutch defence procurement which are a result of the announced reinvestment in the Dutch military and the supply of military equipment to Ukraine. Both these developments originated in the context of the 2022 invasion of Ukraine by the Russian armed forces. In a general sense, these current developments reaffirm and strengthen the existing military-industrial policy which consists of a domestic approach in the maritime sector, a Transatlantic approach for the Royal Netherlands Air Force and cooperation with the German Bundeswehr of the ground forces. Specifically with regards to procurement for supplying Ukraine directly it seems that the negotiated procedure without publication of a contract notice as prescribed by Directive 2009/81 is used and European collaborative procurement is increasing. The war in Ukraine furthermore added pressure to the challenge ofstriking a balance between meeting immediate military needs(often through US imports) and pursuing a future-proof (European) industrial policy. In this context, the author concludes that the war in Ukraine has further exposed the ineffectiveness of the EU’s current regulation of military procurement—as embedded in the Defence Directive—in contributing to the EU’s strategic autonomy ambition.