Hello, this is Ryuta Hamamoto from TIMEWELL. Today’s topic is the autonomous export-control lists that individual EU member states create: national lists.
You may think “the EU is one set of rules.” Common Regulation 2021/821 does exist, but Article 9 allows member states to add their own lists. In recent years those lists multiplied: the Netherlands on ASML-related semiconductor manufacturing equipment, France on quantum technology, Spain early on emerging tech, Italy on brokering and technical assistance. Even inside the EU, which country hosts your subsidiary changes the response.
I keep hearing questions like “our French subsidiary handles quantum sensors; are they controlled?” and “we want to ship Dutch-built tools via Singapore.” This piece is for that field reality.
What you will learn
- Legal basis for member-state national lists (Article 9 and the coordination mechanism)
- Controlled items and latest developments in the Netherlands, France, Spain, and Italy
- Side-by-side operational differences across the four countries
- Reality and limits of Mutual Recognition
- Practical response steps for Japanese companies with EU subsidiaries
Three terms to lock in
- Article 9: Article 9 of common Regulation 2021/821. Allows member states to adopt national control lists. Similar in spirit to Japan adding individual items by cabinet order or notice.
- Mutual Recognition: Practice of one member state absorbing another’s controls into its own regime. Inside the EU the phrase sounds automatic; in reality it is voluntary and non-binding.
- National list: Autonomous controlled-item list under Article 9. Lets one country alone control items not on Annex I (the EU common list).
Three Annex roles under Regulation 2021/821
Before the body text, fix the Annex roles. Several Annex numbers appear below.
| Annex | Role | Reach of control |
|---|---|---|
| Annex I | EU common dual-use item list (core) | License required for export outside the EU |
| Annex III | EU General Authorisations (EUGA) items / vessel for incorporating member-state national lists | Simplified routes by country/use, or national autonomous controls |
| Annex IV | Especially sensitive items requiring licenses even for intra-EU transfers | License also required for transfers to other member states inside the EU |
Rough mnemonic: “Annex I = EU common; Annex IV = also intra-EU; Annex III = national-list receptacle.” The “500 series” below is the common-list band for emerging-tech items newly added to Annex I by the November 2025 Delegated Regulation.
Article 9 legal basis and the coordination mechanism
EU export control rests on Regulation (EU) 2021/821. The baseline is the same dual-use controls for the whole EU via Annex I. Annex I alone is not always fast enough — emerging tech or sudden human-rights risks may not wait for revision cycles. That is when Article 9 is used.
Article 9 grants three powers. First, authority to adopt a national control list alone: items not on Annex I may be controlled for public security, counter-terrorism, or human-rights protection. Second, ad-hoc controls: temporary license requirements on specific transactions or items. Third, a notification duty to the Commission and other member states. Commission approval is not required; notification alone enables autonomous controls. That is Article 9’s core.
To curb uncoordinated national-list growth, on April 16, 2025 the Commission recommended a coordination mechanism (Recommendation 2025/758): voluntary pre-adoption sharing of drafts with the Commission and other member states. Not binding, but already reducing variance.
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Netherlands: ASML and eight stages of control from 2023 to 2025
The most watched national program is the Netherlands, home to semiconductor equipment leader ASML. Controls tightened in stages aligned with U.S. China-related export controls. Legal bases: Strategic Goods Decree Article 4 plus Article 9(1); licensing window: CDIU.
| Date | Content |
|---|---|
| March 8, 2023 | Government announces new control policy (semiconductor manufacturing equipment) |
| June 23, 2023 | Advanced Semiconductor Manufacturing Equipment Decree promulgated |
| September 1, 2023 | Decree effective. National licensing for DUV lithography and related tools begins |
| September 6, 2024 | DUV-related scope expanded |
| October 18, 2024 | Additional Decree covering quantum and additive manufacturing |
| December 1, 2024 | Additional Decree effective |
| January 15, 2025 | Minister Klever announces further tightening |
| April 1, 2025 | Metrology and inspection equipment added to national licensing |
On November 15, 2025 the EU Delegated Regulation took effect, integrating some emerging-tech items that multiple member states had controlled separately into the EU common Annex I as the “500 series.” The Netherlands revised its national list on November 24, removing items now on the EU common list (retroactive to November 15).
This is easily misread as relaxation. Items leaving the national list moved to EU common Annex I. Total control volume is unchanged. If anything, EU-wide outbound reach expanded. Core coverage remains: certain DUV lithography tools, EUV mask-related items, metrology and inspection tools, dry etch tools, semiconductor SEM (scanning electron microscopes widely used in semiconductor inspection), quantum-computer-related items, and additive manufacturing equipment.
France: Arrêté 02-2024 controls quantum, CryoCMOS, and SEM
France adopted an autonomous list in February 2024. Authority: SBDU (Service des biens à double usage, under the economy ministry); bases: Customs Code plus Article 9. Core instrument: Arrêté 02-2024 of February 2, 2024 (effective March 1). Coverage: quantum computers and enabling technology; design, development, production, test, and inspection equipment for advanced electronic components. Three controlled-item clusters:
- CryoCMOS ICs operating at ≤4.5 K (CryoCMOS: silicon ICs that operate near −268°C / ≤4.5 K, used for control signals around qubits)
- SEM for imaging semiconductor devices and ICs (certain SEM specifications)
- Software/systems for semiconductor circuit data extraction and layer alignment (reverse-engineering and analysis tools)
As of April 2025, SBDU continues expanding the national list — quantum sensors, quantum communications, and high-performance AI chips under the EU Economic Security Strategy. Military items (matériels de guerre) sit outside dual-use under CIEEMG (inter-ministerial committee) licensing; French subsidiaries in military supply chains may need both tracks.
Spain: early national list in the EU
Spain was among the first member states to use Article 9 in earnest. Authority: Secretaría de Estado de Comercio (SEC); basis: Real Decreto 679/2014 (national list embedded as Annex III.5). National list adopted May 31, 2023; effective June 7; Commission published a compilation in the Official Journal on October 20.
Spain’s early move helped prompt Dutch, French, and Italian national lists — “if Spain is doing it, so should we.” Coverage centers on quantum computing, additive manufacturing, and other emerging technology.
Italy: inclusive controls covering brokering and technical assistance
Italy adopted a national list by Decreto of July 1, 2024. Authority: MAECI (Ministry of Foreign Affairs and International Cooperation) dual-use unit; bases: D.Lgs. 221/2017 plus Article 9. Three domains:
- Additive manufacturing: metal/aluminum AM equipment and related software
- Quantum: quantum computers (physical qubits 34 to 2000+, spanning NISQ-scale machines to error-correction-oriented large systems), CryoCMOS ICs, parametric amplifiers (low-noise superconducting circuits for qubit readout), cryogenic cooling systems
- Semiconductors: dry etch tools, EUV masks, semiconductor SEM, Si/Ge epitaxial materials, IC process design kits, etc.
Italy’s decisive difference: brokering and technical assistance also require unilateral authorization. An Italian subsidiary of a Japanese company that merely introduces a third-country semiconductor tool to another third-country customer can need an Italian license. Technical assistance (consulting, maintenance, training) is likewise covered. Dutch, French, and Spanish brokering and TA controls are limited. Italy alone casts a wide net, and it also tends toward frequent ad-hoc controls.
Four-country operational comparison
| Aspect | Netherlands | France | Spain | Italy |
|---|---|---|---|---|
| Adoption timing | June 2023 | February 2024 | May 2023 | July 2024 |
| Main domains | Semiconductor manufacturing equipment | Quantum / semiconductor enabling tech | Quantum / AM | Quantum / AM / semiconductors / brokering |
| Brokering / technical assistance | Limited | Limited | Limited | Inclusive |
| Ad-hoc frequency | Medium | Medium | Low | Medium–high |
| U.S. alignment | High (via ASML) | Medium | Medium | Medium |
| Primary sources | Dutch | French | Spanish | Italian |
| Authority | CDIU | SBDU | SEC | MAECI |
A practical shorthand: semiconductor equipment is strictest in the Netherlands; quantum and additive manufacturing pull hard toward Italy; brokering and technical assistance are also strictest in Italy; latest updates still need local-language capacity. Reverse-engineer group resource allocation from this table.
Mutual Recognition has no legal force: the real picture
“One country’s rules auto-apply elsewhere, right?” Common misconception. The Mutual Recognition brand is strong; the legal reality is thinner.
EU Mutual Recognition is not a legally binding automatic recognition system. Whether another member state absorbs an Article 9 list into its own national list is voluntary. “The Netherlands controlled it, so France automatically controls it” is false.
De facto mutual recognition travels a different route: integrating items multiple member states already control into EU common Annex I. The November 15, 2025 Delegated Regulation is exactly that. Sequence: some members lead with Article 9, others follow voluntarily, and once enough states control an item, the Commission proposes Annex I integration. That creates de facto EU-wide coverage. Understanding that structure makes national-list news easier to read.
Three impacts on Japanese companies
Impact 1: Host-country location changes the response
Same item, different license need, review speed, and document set in a Dutch vs. French entity. “EU common rules cover us; no per-subsidiary variation” no longer holds. Quantum research instruments at both French and Italian subsidiaries need separate classification and application processes under Arrêté 02-2024 (France) and the July 2024 Decreto (Italy).
Impact 2: Simultaneous multi-country supply (the strictest country sets the schedule)
When the same product ships into multiple EU countries at once, the strictest country’s rules set the overall release schedule. Semiconductor manufacturing equipment tracks Dutch licensing speed; brokering-inclusive deals track Italian licensing. Recalibrate lead times to a bottleneck-country basis.
Impact 3: Cloud software delivery from EU subsidiaries
Dutch and Italian national lists control certain semiconductor-related software itself. If third-country customers (China, Russia, etc.) can access controlled software via an EU subsidiary’s cloud, deemed-export-style exposure can arise (export without physical border crossing when foreign persons or overseas sites access technical information). Country-based cloud access control sits at the IT-security × export-control intersection.
Five practical response steps
- Build a national-list comparison table by EU subsidiary location: rows = major product lines; columns = member states; mark controlled/not. Update at least every six months.
- Stand up subsidiary ICPs aligned to the global ICP: ICP (Internal Compliance Program) — global ICP sets policy; local ICPs run classification, licensing, and record retention.
- Reclassify against the November 15, 2025 EU common-list update: re-map products against Annex I including the 500 series. Finish this in 2026.
- Use pre-application consultation with CDIU at Dutch subsidiaries: reduce “it was controlled after all” shipment-stop risk.
- Design Italian procedures that include brokering and technical assistance: put “relevance checks” into sales, consulting, and maintenance contracts; CRM “brokering/TA flags” help.
FAQ
Q1. Is matching the group to the strictest country enough?
Reasonable idea, incomplete answer. Licensing processes, documents, and review bodies differ by country. Operations still need subsidiary-level design.
Q2. Was the Dutch November 24, 2025 national-list revision a relaxation?
No. Items formally left the national list because they moved into EU common Annex I; total control volume is unchanged. Outbound EU-wide reach expanded.
Q3. Are technology transfers from an EU subsidiary to Japan HQ controlled?
If items are on Annex I or a national list, they are third-country (Japan) exports requiring licenses. Annex IV items also need licenses for intra-EU transfers.
Q4. U.S. EAR vs. EU national lists — which has priority?
Neither — both apply in parallel. U.S.-origin content can trigger EAR re-export extraterritorially. EU-subsidiary exports need EU common rules + the host-state national list. Design a control matrix from the combination.
Latest developments as of July 2026
Member-state national lists center on semiconductors and quantum as emerging tech; the same item clusters are also priority fields in Japan’s economic-security policy. The 16th Japan–India Annual Summit on July 2, 2026 produced a joint economic-security declaration across semiconductors, critical minerals (rare earths), clean energy, ICT, and pharmaceuticals, with roughly ¥2 trillion in investment framed (Japan–India summit press conference (Prime Minister’s Office, July 2026)). EU national lists converging on semiconductors and quantum, and Japan’s supply-chain diversification and resilience agenda, remain separate frameworks for now but increasingly overlap in target items. When reclassifying EU subsidiaries, also watch Japan’s priority fields (related: Japan–India Summit 2026 and economic security).
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Key takeaways
- Regulation 2021/821 Article 9 is the basis for member-state national lists
- Netherlands: deepest semiconductor manufacturing equipment controls (eight stages from June 2023 through November 2025)
- France: Arrêté 02-2024 controls quantum, CryoCMOS, and SEM (effective March 2024)
- Spain: early EU national list (May 2023)
- Italy: July 2024 list includes brokering and technical assistance
- Mutual Recognition is non-binding; EU common Annex I integration creates de facto mutual recognition
- Japanese companies need host-country comparison tables and ICPs; schedule to the strictest country
- Reclassification reflecting the November 15, 2025 EU common-list update (500 series) is a 2026 must-do
EU export control has left the “learn one common rule and you’re done” era. If I had to pick one operating change, it would be this: build subsidiary-country regulatory maps and refresh them at least every six months.
How TRAFEED supports member-state export control
Different national lists per member state, frequent updates, local-language primary sources — keeping all of that current with internal export-control staff alone is a hard task.
TRAFEED (formerly ZEROCK ExCHECK), the world’s first export-control AI agent, covers member-state national lists and other country developments in multiple languages. METI-aligned, it is a unified platform usable at both Japan HQ and EU subsidiaries — item relevance checks by host country, pre-consultation prep for license applications, and ICP build support.
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Related articles
- What is happening with China-bound exports — concerns and realistic options for Japanese companies
- Japan–U.S. semiconductor export controls 2026 | Complete BIS Affiliates Rule guide
- Japan–China dual-use export restriction practice 2026
References
EU official
- Regulation (EU) 2021/821 EUR-Lex: https://eur-lex.europa.eu/eli/reg/2021/821/oj/eng
- September 8, 2025 Delegated Regulation (Annex I update): https://policy.trade.ec.europa.eu/news/2025-update-eu-control-list-dual-use-items-2025-09-08_en
- Member-state national list compilation: https://op.europa.eu/en/publication-detail/-/publication/4f80a87f-6ee2-11ee-9220-01aa75ed71a1/language-en
Netherlands
- Government.nl January 15, 2025 announcement: https://www.government.nl/latest/news/2025/01/15/klever-export-controls-on-advanced-semiconductor-manufacturing-equipment-to-be-tightened
- Global Sanctions November 2025 analysis: https://globalsanctions.com/2025/11/netherlands-removes-items-from-national-export-control-list-following-eu-dual-use-regulation-expansion/
France
- SBDU official: https://sbdu.entreprises.gouv.fr/en/sbdu/our-export-control-mission
- Hogan Lovells analysis: https://www.hoganlovells.com/en/publications/france-announces-new-export-controls-on-semi-conductors-and-quantum-equipment-and-technology
Spain
- ESU analysis: https://www.esu.ulg.ac.be/first-eu-autonomous-controls-on-the-export-of-dual-use-items/
- Commission compilation news: https://policy.trade.ec.europa.eu/news/eu-enables-coordinated-export-controls-compiling-national-lists-2023-10-26_en
Italy
- Baker McKenzie analysis: https://sanctionsnews.bakermckenzie.com/italy-adopts-a-national-export-control-list-to-go-beyond-eu-dual-use-export-controls/
- Global Sanctions analysis: https://globalsanctions.com/2024/07/italy-publishes-national-dual-use-control-list/
Cross-cutting analysis
- Hogan Lovells 2025 EU update: https://www.hoganlovells.com/en/publications/eu-updates-dualuse-control-list-new-controls-on-emerging-technologies-and-shift-in-export-control
- Cooley December 2025 analysis: https://www.cooley.com/news/insight/2025/2025-12-05-eu--issues-2025-update-to-dual-use-control-list
