The European Commission has requested Slovenia to notify within the next two months the measures it is taking to implement EU rules for defence procurement. The deadline for implementing the Directive in question was 20 August 2011. Slovenia has not yet communicated any measures to do so.

The European Commission sent a reasoned opinion to Slovenian authorities requesting to notify within the next two months the measures it is taking to implement EU rules for defence procurement. Also, on 1 of June, Commission asks Austria and Poland to fully transpose EU rules in defence procurement. The Commission is concerned that Slovenia has failed to fulfil its commitments under the Directive regarding procurement of arms, munitions and war material (and related works and services) for defence purposes, as well as the procurement of sensitive supplies, works and services for security purposes. If the Slovenian authorities do not notify the Commission of their implementing measures within two months, the Commission may refer the matter to the Court of Justice of the European Union.

If the Directive is not fully implemented in all Member States, companies and taxpayers are denied the benefits of easier access to a more open, transparent, pan-European defence market. In particular, the Directive introduces at European level, fair and transparent rules to help companies access defence and security markets in other EU countries; flexibility for contracting authorities to negotiate in detail all features of complex contracts; and the option for contracting authorities to require safeguards (from suppliers) to ensure the protection of classified information against unauthorised access and security of supply, which would help ensure that armed forces receive deliveries in time - particularly in times of crisis or armed conflict.

This Directive covers specific security and defence procurement contracts for military equipment and related works and services; also sensitive security equipment works and services which involve access to classified information. On the other hand, procurement of non-sensitive and non-military equipment, works and services by contracting authorities in the fields of defence and security is covered by the general public procurement Directive 2004/18/EC.