Commissioner for Defence and Space Andrius Kubilius has dismissed concerns that EU competition and procurement rules obstruct the Netherlands' plan to buy decommissioned train cars from Dutch Railways (NS) for military hospital trains, arguing that existing directives already accommodate such defence purchases. The response, given on 16 June 2026, reassures that EU law does not prevent the Ministry of Defence from acquiring rolling stock for military mobility, provided standard procurement procedures are followed.
The answer comes in response to a written question from MEP Bart Groothuis (Renew, Netherlands), submitted on 19 March 2026. Groothuis had flagged that NS refused to give priority to the Ministry of Defence, citing EU rules on non-discriminatory access to rolling stock under Regulation (EC) No 1370/2007 and competition law. The Dutch ministry sought to buy 24 decommissioned carriages to convert into hospital trains for transporting wounded personnel in a major conflict on NATO's eastern flank.
Kubilius stated that EU procurement directives, including Directive 2014/24/EU on public procurement and Directive 2009/81/EC on defence and security procurement, require contracting authorities to conduct open, transparent, and non-discriminatory tenders for purchases above certain thresholds. This, he said, does not create a tension with the defence objective, as the directives are designed to apply to ministries of defence like any other contracting authority. He also noted that EU antitrust rules do not cover the exercise of public power prerogatives such as providing military capabilities, and that purchases not conferring an unfair advantage to the seller would not raise state aid issues.
The Commissioner further clarified that the proposed Military Mobility Regulation does not provide for prioritised acquisition of military mobility capabilities. The answer offers no concrete proposal to amend procurement rules or issue new guidelines, instead pointing to existing flexibility under Article 346 TFEU, which allows Member States to protect essential security interests. The response signals that the Commission sees no legal barrier to the Dutch plan, but leaves the procedural burden on the Member State to comply with standard tender rules. This may reassure defence ministries seeking to repurpose civilian assets, while maintaining the integrity of EU competition and procurement frameworks for other market participants.
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