Defence and security procurements framework in Norway – official report on revision initiative released

Nyhet

16 sep 2025

Innsikt

As a part of the Norwegian government's initiative and focus on assessing and suggesting changes to the Norwegian framework for public procurement, the defence and security procurements framework has now also been reviewed. The resource and time consuming review of the general procurement regulations halted once it was known that the EU has initiated its own process of reviewing the underlying procurement directives (directives 2014/23, 2014/24 and 2014/25 which Norway as a part of its obligations under the EEA-agreement with the EU must implement), and the national revision process only resulted in minor proposals for changes in the existing framework.

The committee appointed to assess and review the rules on defence and security procurements in Norway handed over its official report to the government 5 September 2025 (the "Report" – available here in Norwegian only). The defence and security procurements are today governed by the Regulation on Defence and Security Procurements (In Norwegian: "FOSA") - implementing EU directive 2009/81.

On 17 June 2025, the EU presented it's "Defence Readiness Onmibus" with proposals aimed at simplifying and giving access to speed up defence investments in the EU, including proposed changes to the exiting directive 2009/81. We have previously highlighted and commented on these proposed changes here. Since the proposed "Omnibus" changes have not been approved by the EU Parliament yet, these are not included in the Report which focuses only on changes to the existing framework.

In short, the Norwegian committee proposes to:

govern the Defence and Security Procurement in a legislative act rather than a regulation,
highlight the focus on innovation and environmental impacts,
include more technical rules in regulations,
only govern contracts above NOK 300 000,
implement directive 2009/81 in a more loyal manner, and
Clarifying which rules are based on EU/EEA-law.

Further of particular interest, we highlight that the committee;

does not consider the procurement framework itself to prevent efficient procurement procedures; internal instructions and rules are identified as "time thieves" leading to more administrative burdensome procedures,
has provided comprehensive guidance on the main exemptions provided in the EEA-agreement article 123 (corresponding to TEUV articles 346),
has commented each article of directive 2009/81 and its Norwegian implementation – which also identifies certain gaps,
assesses and provides guidance on the relation between the Norwegian Security Act and FOSA. In essence; FOSA provides the procurement procedures and the Norwegian Security Act and its regulations sets out the security requirements to be included in the procurement procedure.

We consider the Report useful – especially the fact that it emphasizes the need for efficiency in defence and security procurements, in addition to summarizing key information on defence and security procurements in Norway. However, it is noted that there, from the Norwegain government's side, appears to be a lack of insight and dialogue with and on the EU initiatives; new procurement rules from the EU are expected to be adopted by the EU within 2026 and Norway must thereafter again assess the procurement rules in light of implementing the expected new framework.

For reference on the existing rules on procurement within the defence and security sector in the Nordic region, DLA Pipers Nordic public procurement team have published articles on the rules within each jurisdiction. These articles are written in English and publically available below: