Export License Application Process

Regulation (EU) 2021/821 provides for three types of export authorisations, each suited to a different level of risk and control:

EU General Export Authorisation (EUGEA): a pre-established authorisation under EU regulations, usable without an individual application. Annex II of the Regulation defines 8 general authorisations (EU001 to EU008) covering specific destinations and products. The exporter simply needs to register with their national authority and comply with the conditions of use.

National General Authorisation (NGA): some Member States have established supplementary general authorisations for destinations or products not covered by EUGEAs. In France, General Licences (LG) cover cases such as repairs, exhibitions or intra-group transfers.

Individual Licence (IL): an authorisation issued by the competent authority for a specific transaction (one exporter, one consignee, one product, one quantity). This is the default regime when no general authorisation applies.

Global Licence: some Member States offer licences covering multiple transactions with the same consignee or for the same product over a defined period.

EUGEAs allow export without an individual licence to certain destinations for certain products:

EU001 - Low-risk destinations: covers most Annex I items to Australia, Canada, Japan, New Zealand, Norway, Switzerland, Liechtenstein, the United Kingdom and the United States. Excludes the most sensitive items.

EU002 - Repair and replacement: for the return of items after repair or like-for-like replacement.

EU003 - Export after repair: repaired items returned to the original sender.

EU004 - Temporary export for exhibition or fair: mandatory return within 120 days.

EU005 - Telecommunications: certain telecommunications equipment to specific destinations.

EU006 - Chemicals: certain chemical precursors to CWC signatory countries.

EU007 - Intra-group transfer of software and technology: to subsidiaries in certain countries.

EU008 - Encryption: encryption products to certain destinations not covered by EU001.

Important: each EUGEA has strict conditions of use, product exclusions and notification obligations. Always check Annex II systematically.

An individual licence is required in the following cases:

• •The product is controlled in Annex I and no EUGEA or NGA covers the destination or type of item
• •The product is subject to catch-all (Articles 4 or 5) - general authorisations do not apply to catch-all
• •The destination is a country under EU embargo (no general authorisation is usable)
• •The product is excluded from applicable EUGEAs (for example, advanced cryptography products excluded from EU001)
• •The competent authority has notified the exporter of an individual licence obligation

When in doubt, the rule is simple: apply for an individual licence. Exporting without authorisation when a licence is required is a criminal offence in all Member States.

The procedure varies by Member State but follows a common structure:

1. 1.Identify the competent authority: in France, the Service des biens a double usage (SBDU) under the DGE. In Germany, BAFA. In Belgium, the regions (Flanders, Wallonia, Brussels) depending on place of establishment.

1. 1.Prepare the application file:

1. 1.Submission: in France, via the EGIDE platform (electronic procedure). In Germany, via ELAN-K2. Most Member States have digitised the process.

1. 1.Assessment: the authority evaluates the application in consultation with intelligence and foreign policy services. It may request additional information.

1. 1.Decision: approval, refusal, or conditional approval. Processing time ranges from 30 days (simple cases) to several months (sensitive destinations or products).

The End-User Certificate (EUC) is the centrepiece of the application. It must contain:

• •Full identification of the end-user (company name, address, country)
• •Product description and quantities
• •Declared end-use (civilian, industrial, research - never military unless under a specific licence)
• •Non-re-export undertaking: the end-user commits not to re-export the item to third countries without authorisation
• •Non-diversion undertaking: the item will be used solely for the declared purposes
• •Date and signature of an authorised representative

Supplementary documents as applicable: - Import certificate from the destination country (if required by the authority) - Delivery Verification Certificate for high-risk destinations - Technical documentation proving the product's specifications - Supply chain diagram if intermediaries are involved

Retain the complete file for at least 5 years after export (Article 26 obligation).

Processing times vary considerably depending on the sensitivity of the transaction:

Standard cases (non-EUGEA destination, non-critical product): 30 to 60 working days. This is the most common scenario for Category 5 (encryption) or Category 3 (electronics) products to non-sensitive destinations.

Sensitive cases (high-risk destination, strategic product): 60 to 120 days. Applies to exports to the Middle East, certain Asian countries, or products in Categories 0 (nuclear) and 1 (special materials).

Cases requiring inter-ministerial consultation: up to 6 months. For the most sensitive products or destinations under partial embargo, the authority consults the Ministries of Defence, Foreign Affairs and intelligence services.

Tips to accelerate processing: - Complete file at first submission (requests for additional information extend timelines) - Clear and documented ECN classification - EUC compliant with national requirements - Plan ahead: submit the application during the commercial negotiation phase, not the day before shipment

Each Member State designates one or more competent authorities for issuing dual-use export licences:

France: Service des biens a double usage (SBDU), Direction generale des entreprises (DGE), Ministry of Economy. Platform: EGIDE.

Germany: Bundesamt fur Wirtschaft und Ausfuhrkontrolle (BAFA). Platform: ELAN-K2.

Belgium: regional competence. Departement Kanselarij en Buitenlandse Zaken (Flanders), Direction generale operationnelle de l'Economie (Wallonia), Direction des Relations exterieures (Brussels).

Netherlands: Centrale Dienst voor In- en Uitvoer (CDIU).

Italy: Ministero degli Affari Esteri - Unita per le Autorizzazioni dei Materiali di Armamento (UAMA).

Spain: Secretaria General de Comercio Exterior, Subdireccion General de Comercio Internacional de Material de Defensa y de Doble Uso.

The European Commission publishes and updates the complete list of competent authorities in the Official Journal of the EU (advisory Annex to the Regulation). If in doubt about the competent authority, contact the designated national point of contact.