Article 47 — Specific conditions on procurement

1. In accordance with Article 40(3), a SEAP may entrust an eligible entity referred to in Article 11(2) with carrying out procurement actions. Such an entity shall act in the name of, or on behalf of, that SEAP. 2. For the purposes of procurement of defence products, SEAPs shall be considered as international organisations within the meaning of Article 12, point (c), of Directive 2009/81/EC. SEAPs shall define their own procurement rules in compliance with the principles governing public procurement, in particular those of non-discrimination, equal treatment, proportionality and transparency. 3. When procuring defence products, a SEAP shall apply to its procurement procedures and contracts criteria ensuring that its procurement policy complies with the objectives referred to in Article 40(1). A SEAP shall actively seek to include multiple legal entities from various Member States in the supply chains of defence products. 4. Where a delegation agreement as referred to in Article 40(3) is concluded, the parties to that agreement may decide that the procurement rules of the entity carrying out the procurement apply, provided that those rules comply with the principles referred to in paragraph 2 of this Article, in particular those of non-discrimination, equal treatment, proportionality and transparency. 5. Where Member States or, where applicable, associated countries purchase defence products from a SEAP, including from a defence industrial readiness pool, that procurement shall be considered as a contract awarded by a government to another government as referred to in Article 13, point (f), of Directive 2009/81/EC.