EU Updates Dual-Use Export Control List: Key Changes for Emerging Technologies

Background

On 8 September 2025, the European Commission adopted amendments to Annex I of Regulation (EU) 2021/821 (EU Dual-Use Regulation) and published a Delegated Regulation, updating the EU’s dual-use control list (Dual-Use List) to reflect recent decisions and commitments under the Wassenaar Arrangement (WA), Missile Technology Control Regime (MTCR), Australia Group (AG) and Nuclear Suppliers Group (NSG). The changes introduce new controls on emerging technologies and revise existing definitions and parameters. The Delegated Regulation will take effect the day after publication in the Official Journal of the EU, expected later this year.

The Dual-Use List is updated annually to ensure it remains aligned with multilateral export control regimes. The update incorporates changes agreed in 2024 by the WA, MTCR, AG and NSG, ensuring the EU’s controls remain harmonised with international standards.

Key Changes in the 2025 Dual-Use List

The updated Dual-Use List introduces new controls and amends existing ones, including:

• Quantum Technology: Controls on quantum computers, electronic components for cryogenic temperatures, parametric signal amplifiers, cryogenic cooling systems and wafer probers.
• Semiconductor Manufacturing: Controls on Atomic Layer Deposition equipment, epitaxial deposition equipment and materials, lithography equipment, Extreme Ultra-Violet pellicles, masks and reticles, Scanning Electron Microscope equipment and etching equipment.
• Advanced Computing: Controls on integrated circuits and electronic assemblies such as Field Programmable Logic Devices and Systems.
• High-Temperature Coatings: New controls on coatings for high-temperature applications.
• Additive Manufacturing: Controls on additive manufacturing machines and related materials, including inoculants for powders.
• Peptide Synthesisers: New controls on peptide synthesisers.
• Technical Definitions: Updates to technical notes, definitions and control parameters for clarity, including temperature conversions and cross-references.

Categories 1–9 of Annex I are impacted, including Special Materials, Materials Processing, Electronics, Computers, Telecommunications and Information Security, Sensors and Lasers, Navigation and Avionics, Marine, and Aerospace and Propulsion.

A full overview of changes to the EU Dual-Use List can be found here.

Commentary: International Context and EU Approach

The recent amendments to the Dual-Use List highlight the EU’s commitment to implementing controls agreed under multilateral export control regimes – even where those controls have not been formally adopted under the relevant framework. This approach is particularly significant given the growing dysfunction in consensus-based governance systems such as the WA. Since Russia’s invasion of Ukraine in 2022, Russia has consistently vetoed additions to the WA control list, resulting in a fragmented approach to export controls among participating countries.

The European Commission’s White Paper on Export Controls (dated 24 January 2024) (the White Paper) underscores the limitations of the EU’s reliance on consensus within international frameworks as a means to update its own control list. Specifically, the European Commission called for a solution to enable the expansion of Annex I of the EU Dual-Use Regulation to include those items that were not adopted by the multilateral export control regimes due to blockages by certain participating members, but were otherwise supported by other members. The White Paper identifies the use of a Commission Delegated Act under Article 17(1) of the EU Dual-Use Regulation as a potential route for such amendments.

Article 17(1) empowers the Commission to adopt delegated acts to amend the Dual-Use List “in conformity with the relevant obligations and commitments, and any amendment thereof, that Member States and, where applicable, the Union have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties”.

The recent amendments introduced to the Dual-Use List reflect this approach. In addition to incorporating controls agreed under the WA, MTCR, AG and NSG, the EU has also included additional commitments undertaken by member states (as WA members) to control items not yet added to the multilateral control lists.

Importantly, the EU’s updates to the Dual-Use List follow a number of European countries introducing unilateral export controls in the past two years, including the Netherlands, France, Spain, Italy and the UK. This trend reflects a broader move towards national measures in response to the challenges of achieving consensus at the multilateral level, and increases the risk of a patchwork of controls within the EU single market.

Implications for EU Exporters and Next Steps

As the Delegated Regulation will take effect the day after publication in the Official Journal of the EU, exporters of dual-use items should review the updated Annex I carefully to determine whether their products, software or technology are affected by new or amended controls. The changes may impact licensing requirements, especially for those involved in advanced computing, semiconductor manufacturing, additive manufacturing and biotechnology.

We recommend the following next steps:

1. Conduct a Product/Technology Audit

• Review your product, software and technology portfolios against the updated Annex I to identify any items newly subject to control.
• Pay special attention to advanced computing, quantum technologies, semiconductor manufacturing and additive manufacturing, as these areas are a focus of the new controls.

2. Update Internal Compliance Programs

• Revise internal classification and export control procedures to reflect the new and amended controls.
• Train relevant staff (e.g., compliance, sales, R&D, logistics) on the changes and their practical implications.

3. Engage with National Authorities

• Monitor guidance from national competent authorities regarding implementation, licensing, etc.
• If you operate in multiple EU member states, check for any additional national controls or divergent requirements.

4. Prepare for Licensing Impacts

• Assess whether new or amended controls will require new export licenses or amendments to existing licenses.
• Engage early with licensing authorities if you anticipate challenges or need clarification.

5. Monitor for Further Developments

• Stay alert for the official publication of the Delegated Regulation in the Official Journal of the EU, as this will trigger the effective date.
• Track ongoing consultations and any further unilateral controls by member states.

6. Communicate with Supply Chain Partners

• Inform suppliers, customers, and other partners about relevant changes, especially if they are involved in the manufacture, transfer, brokering or use of controlled items.

7. Document Compliance Steps

• Keep records of your review and compliance actions in case of future audits or regulatory inquiries.

For further information or tailored advice, please contact the Akin international trade team.