A Commission Delegated Directive published by the Council on 13 July 2026 updates the list of defence-related products under Directive 2009/43/EC to align with the updated Common Military List of the European Union of 23 February 2026. The directive revises product categories ML1 through ML8, covering items from small arms and ammunition to military vehicles and chemical agents, with detailed exclusions for civilian, historical, and low-risk items. The update aims to ensure precise regulatory scope for EU Member States and businesses involved in intra-EU transfers of defence products.
The document, a cover note from the Commission to the Council, formally adopts the delegated directive that amends the annex of Directive 2009/43/EC, which governs the simplification of conditions for transfers of defence-related products within the EU. The revision reflects the 2026 Common Military List, a biannual update that harmonises export controls across Member States. The directive introduces specific definitions and notes, such as clarifying "deactivated firearm" and "gun-mounting," and cross-references the EU Dual-Use list under Regulation (EU) 2021/821.
Policy orientations and trade-offs The directive balances security concerns with the need to avoid over-regulating civilian and historical items. For example, ML1 excludes firearms for dummy ammunition and deactivated weapons; ML2 excludes pre-1938 weapons and hunting/sporting arms; ML3 excludes blank ammunition and signalling cartridges; ML4 excludes certain Aircraft Missile Protection Systems on civil aircraft; ML6 excludes civil money-transport vehicles and pre-1946 vehicles; ML7 excludes riot control agents for personal self-defence and food/medical purposes; and ML8 excludes certain low-risk energetic materials. These carve-outs reduce administrative burdens for businesses and Member States while maintaining controls on sensitive military items.
Impact on stakeholders EU defence manufacturers and exporters face updated compliance requirements, as the revised list may reclassify some products, potentially increasing or decreasing licensing obligations. For instance, the exclusion of certain AMPS on civil aircraft reduces regulatory hurdles for aerospace firms. EU Member States benefit from clearer, harmonised definitions, which should streamline intra-EU transfers and reduce legal uncertainty. However, businesses must update their internal classification systems and may incur costs to reassess product categories. Civil society and human rights groups may view the updated list as maintaining robust controls on chemical agents and riot control equipment, though the exclusion of RCAs for personal self-defence could raise concerns about misuse.
Institutional follow-up Member States must transpose the delegated directive into national law within six months of its publication in the Official Journal of the European Union. The European Parliament and Council had the right to object to the delegated act within a two-month scrutiny period, which has now lapsed. The directive will enter into force 20 days after publication.