Thomas Nordby
Partner
Oslo
Newsletter
Report to the Ministry of Defence on rules for defence and security procurements in Sweden, Denmark, and Finland
by Thomas Nordby, Oscar Røseth Lindbäck and Karen Grung
Published:
In recent years, defence, security, and preparedness have been central topics of debate in the Norwegian public procurement community. In the Norwegian government's recent white paper on total preparedness, dated January 10th, 2025, it was emphasized that a robust framework for public procurement is necessary for Norway's preparedness for crisis and war.
In order to ensure that procurements in the defence and security sector can be carried out quickly and efficiently, while still protecting national security interests, the Ministry of Defence has set up a working group to present a proposal for a new law on defence and security procurements. The working group is led by Marianne H. Dragsten and aims to deliver its findings to the Ministry of Defence by the summer of 2025.
In connection with the legislative work, Schjødt delivered a report to the Ministry of Defence on January 6, 2025, which accounts for the rules on defence and security procurements in Sweden, Denmark, and Finland.
The report from Schjødt addresses how the EU directive 2009/81/EC on defence and security procurement is implemented in the Nordic countries, whether the countries have established national special rules that apply to procurements in the defence and security sector to safeguard national security interests, and how the exemption provision in the Treaty on the Functioning of the European Union Article 346 is applied. The report also covers how social and environmental considerations are considered in the countries' rules on defence and security procurements.
The findings in the report show that the legislators in Sweden, Denmark, and Finland provide defence authorities with broad competence to adapt procurements in the defence and security area to safeguard national security interests. This includes simplified procedural rules, protection of sensitive information, and authorizations to make procurements without competition where necessary. There are significant differences in how the various countries have chosen to implement the defence and security procurement directive, and the review of the different jurisdictions will serve as a useful comparative basis for the working group in their further work.
The report is a result of Schjødt's international efforts and was written in collaboration between our offices in Norway, Sweden, and Denmark, with assistance from Finnish law firm Castrén & Snellman.
