The EU Common Military List: Defining the Scope of European Arms Control

From Widgets to Weapons: Mastering the Spectrum of Export Controls - Series - Part 12 / 21

In the realm of European defense exports, the EU Common Military List stands as a crucial document, defining what exactly constitutes "military equipment" for the purposes of export controls. This comprehensive catalog plays a pivotal role in harmonizing arms export policies across EU member states. Let's delve into the intricacies of this list and its significance in the European defense landscape.

Purpose and Function

The EU Common Military List serves several key purposes:

1. Defines the scope of military equipment subject to control under EU export regulations

2. Provides a common reference for all EU member states in their national export control policies

3. Facilitates harmonization of arms export practices across the EU

4. Supports transparency in the European defense trade

Structure and Content

The EU Common Military List is organized into 22 categories, each covering a specific type of military equipment or technology:

1. ML1: Smooth-bore weapons with a caliber of less than 20 mm

2. ML2: Smooth-bore weapons with a caliber of 20 mm or more

3. ML3: Ammunition and fuse setting devices

4. ML4: Bombs, torpedoes, rockets, missiles

5. ML5: Fire control systems

6. ML6: Ground vehicles and components

7. ML7: Chemical or biological toxic agents

8. ML8: "Energetic materials" and related substances

9. ML9: Vessels of war and special naval equipment

10. ML10: "Aircraft", "lighter-than-air vehicles", unmanned aerial vehicles

11. ML11: Electronic equipment not controlled elsewhere

12. ML12: High velocity kinetic energy weapon systems

13. ML13: Armoured or protective equipment

14. ML14: Specialized equipment for military training

15. ML15: Imaging or countermeasure equipment

16. ML16: Forgings, castings and other unfinished products

17. ML17: Miscellaneous equipment, materials and "libraries"

18. ML18: Production equipment for items on the list

19. ML19: Directed energy weapon systems

20. ML20: Cryogenic and "superconductive" equipment

21. ML21: "Software"

22. ML22: "Technology"

Each category includes detailed technical specifications and parameters that determine whether a specific item falls under control.

Key Features

1. Technical Precision: The list provides detailed technical specifications for each category, ensuring clarity in classification.

2. Regular Updates: The list is reviewed and updated annually to keep pace with technological advancements and emerging security concerns.

3. Alignment with International Regimes: The content is harmonized with international arms control agreements, particularly the Wassenaar Arrangement.

4. Comprehensive Coverage: Beyond traditional weaponry, the list includes software, technology, and production equipment.

5. Notes and Definitions: Extensive notes and definitions accompany the list to aid in interpretation and application.

The Update Process

The EU Common Military List undergoes a regular update process:

1. Annual Review: Experts from member states review the list annually.

2. Proposal of Amendments: Changes are proposed based on technological developments and international commitments.

3. Adoption: The updated list is adopted by the Council of the European Union and published in the Official Journal of the European Union.

The new version is also published some months later as an Annex to Directive 2009/43 dealing with the transfer of defence-related products.

Implications for Industry

 For the defense industry, the EU Common Military List has several important implications:

1. Product Classification: Companies must accurately classify their products against the list.

2. Export License Requirements**: Items on the list typically require export and transfer (intra EU) licenses.

3. R&D Considerations: The list can influence research and development priorities in the defense sector.

4. Supply Chain Management: Companies need to ensure compliance throughout their supply chains.

Applying the EU Common Military List can present challenges:

1. Dual-Use Items: Some items may have both military and civilian applications, requiring careful assessment.

2. Emerging Technologies: Rapid technological advancements can sometimes outpace list updates.

3. Interpretation Variations: Different member states may interpret certain entries differently.

4. Complex Systems: Modern defense systems often integrate various components, complicating classification.

Comparison with Non-EU Lists

While the EU Common Military List is specific to the European Union, it's worth noting how it compares to similar lists in other jurisdictions:

1. US Munitions List (USML): Generally similar in scope but with some differences in structure and specific controls.

2. Wassenaar Munitions List: Closely aligned, as the EU list largely incorporates Wassenaar controls.

3. National Lists of EU Member States: May include additional items or stricter controls based on national policies.

Future Trends

Looking ahead, several trends are likely to shape the evolution of the EU Common Military List:

1. Increased Focus on Cyber Capabilities: Expanding controls on cyber warfare tools and technologies.

2. Autonomous Systems: Growing attention to unmanned and autonomous military systems.

3. Additive Manufacturing: Addressing the implications of 3D printing in military production.

4. Artificial Intelligence: Potential new controls on AI applications in military contexts.

5. Non-Lethal Weapons: Evolving definitions to encompass advanced non-lethal technologies.

Conclusion

The EU Common Military List is more than just a catalog of equipment—it's a reflection of the EU's approach to defense exports and international security. For policymakers, it provides a framework for consistent export controls. For industry, it offers crucial guidance for compliance and strategic planning.

As technology continues to evolve and global security dynamics shift, the EU Common Military List will remain a living document, adapting to new challenges and realities. Understanding this list is essential not only for those directly involved in the defense sector but for anyone seeking to comprehend the broader landscape of European security and defense policy.

In an era where the lines between military and civilian technologies are increasingly blurred, the EU Common Military List stands as a critical tool in navigating the complex terrain of modern defense exports.

Patrick Goergen, Founder & CEO, Respectus

The Export Control Expert & Explainer

30 September 2024