Article 346 of the Treaty on the Functioning of the European Union (previously Article 296 of the Treaty establishing the European Community):
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes.
2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply.”
Case C-615/10, Insinööritoimisto InsTiimi Oy, Judgment of the Court (Fourth Chamber), 7 June 2012.