Regulation (EU) 2021/821 of May 20, 2021 is known as the “Dual-Use Regulation” and its purpose is to establish an EU regime governing the export, brokering, technical assistance, transit and transfer of dual-use items. According to Article 9 of this regulation, EU Member States must, for reasons of public security (e.g. prevention of terrorism, protection of human rights), prohibit the export of dual-use items not listed in Annex I of the Dual-Use Regulation, or at the very least make any such export subject to an authorization requirement.
Given this legal requirement, Member States might decide to adopt a national control list of any such items and so on February 2, 2024the French Ministry of Economy published an order (arrêté) establishing a national list of dual-use items and technologies subject to prior authorization. The Ministry focuses on exports to third countries of goods and technologies related to quantum computing and its enabling technologies, as well as equipment for the design, development, production, testing and inspection of advanced electronic components.
The list is fully in line with Commission Recommendation (EU) 2023/2113 of October 2, 2023 on technological areas critical to the Union’s economic security. Indeed, amongst the critical areas identified by the European Commission were advanced semiconductor technologies, artificial intelligence, quantum technologies and biotechnologies.
In general, the export of dual-use items outside the European Union requires a prior license from the competent national authority. If a product is classified as a dual-use item under Annex I of the EU Dual-Use Regulation, one of the following four licenses is required, depending on the sensitivity of the item: an individual export license, a Global Export License, a National General License, or the European General License (or Union General Export Authorization).
For certain particularly sensitive dual-use items listed in Annex IV of the EU Dual-Use Regulation, a license is also required for the transfer of the item within the European Union.
