Control list, catch-all and technical assistance

The control list is a list of items and technologies that are subject to controls. Other items may also be subject to the rules if they fall under the catch-all provisions.

Critical items (the control list)

The function and potential uses of items are decisive for whether a special authorisation is required in order to export them. 

The EU control list presents the entire list of items and technologies that require an export authorisation (dual-use items). The control list is divided up into two parts: 

• Annex I (the control list)
• Annex IV -  an excerpt of Annex I (most critical dual-use items)

Annex I (the control list)

Annex I holds the entire list of items and technologies that are subject to export controls. If you wish to export within EU borders, most of the items are, however, subject to more relaxed rules. For practical reasons, Annex I is divided into 10 categories, each of which covers a product line. You may use the categories as an indicator for items to which you should give special attention:

The 10 categories

• Category 0: Nuclear materials, facilities and equipment
• Category 1: Special materials and related equipment
• Category 2: Materials processing
• Category 3: Electronics
• Category 4: Computers
• Category 5: Telecommunications and “information security”
• Category 6: Sensors and lasers
• Category 7: Navigation and avionics
• Category 8: Marine
• Category 9: Aerospace and propulsion

Annex IV (most critical dual-use items)

Annex IV is an excerpt from Annex I (the control list as such). Annex IV lists the most critical dual-use items which are subject to the strictest controls. An export authorisation is always required with respect to items listed in Annex IV. This is also the case if it is a matter of intra-EU exports.

How to check if an item is on the list

You should find the categories that at first sight seem most relevant. You may for example carry out a full-text search for words or distinctive features that characterise the items you want to look into.

You may carry out a full-text search by clicking ctrl-F and then write the search term in the window that opens. To find the term in other places on the control list, please click “previous” or "next".

Other items subject to controls

Please be aware that other items such as certain chemical items and items to be used for torture and execution purposes are also subject to restrictions. Trade in these goods may also require a special export authorisation.

Changes to the control list

The control list is updated about once a year in line with technological developments. New items are added and outdated items deleted. The most common changes to the list are due to the updating of threshold limits such as measuring sensitivity, performance or specifications in the explanatory notes. Changes are written into the various categories of the control list.

Penal provisions

Non-compliance with the export authorisation requirement may involve criminal liability in the form of a fine or imprisonment of up to two years or, in aggravating circumstances, by imprisonment of up to eight years, cf. Executive Order No 635 of 9 June 2011 on exports of dual-use items and technologies.

Catch-all is an extra security measure in connection with the control of exports. Experience has shown that also products, which are not on the control list, may be used for the development and production of WMD and/or military use and as such are considered dual-use. Furthermore, a catch-all control specifically for cyber surveillance products was introduced in 2021, as these products may be used in connection with violation of human rights.

Catch-all on items for military end-use or WMD

The catch-all provisions require that an exporter must apply for an export license for a product even if it is not listed in Annex I to the regulation, if:

• The product, wholly or in part, is or may be intended for use in connection with WMD.
• The product, wholly or in part, is or may be intended for military end-use in countries under an international arms embargo.

The catch-all provisions regarding WMD and/or military use is set out in Article 4 of EU Regulation 2021/821.

Cacth-all on cyber surveillance items

Furthermore, a catch-all provision specifically for products that may be used for cyber surveillance was introduced in the regulation in 2021. This provision states that an exporter of a cyber surveillance product not listed in Annex I to the regulation must apply for an export license, if:

The cyber surveillance product, wholly or in part, is or may be intended for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law.
Cyber surveillance products are in this context defined as dual-use items specially designed to enable the covert surveillance of natural persons by monitoring, extracting, collecting or analysing data from information and telecommunication systems.

The catch-all provisions regarding cyber surveillance products is set out in Article 5 of EU Regulation 2021/821.

Providing technical assistance is also subject to EU export control rules in certain cases.

It is necessary to apply for an license for providing technical assistance in connection with dual-use products to an end-user outside the EU by persons established in the EU provided the products are or may be intended for use in connection with:

• the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons, and/or
• for a military end-use if the purchasing country or country of destination is subject to an arms embargo

These requirements for an license do not apply if the technical assistance:

• is provided within or into the territory of a country covered by the generel EU export authorisation EU001,
• takes the form of transferring information that is in the public domain or basic scientific research,
• is provided by authorities or agencies of a Member State in the context of their official tasks,
• is provided for the armed forces of a Member State on the basis of the tasks assigned to them,
• is provided for a purpose which is cited in the exceptions for items of the Missile Technology Control Regime (MTCR technology) in Annex IV, or
• is the minimum necessary for the installation, operation, maintenance (checking) or repair of those items for which an export authorisation has been issued.