On 30 May 2026, Order ECM/536/2026 of 29 May was published in the Spanish Official State Gazette (BOE), updating ten annexes to the Regulation on the control of foreign trade in defence equipment, other equipment and dual-use products and technologies, approved by Royal Decree 679/2014 of 1 August, which came into force on 5 June 2026.
The main purpose of this Ministerial Order is to bring the Spanish export control regime into line with the latest amendments to European Union legislation, international export control and non-proliferation regimes, and international bodies and treaties. In particular, it transposes Delegated Directive (EU) 2026/325, which updates the list of defence-related products in line with the European Union Common Military List.
The Order amends Annexes I.1, I.2, II.1, II.2, III.1, III.2, III.5, IV, V.1 and, furthermore, the appendix of definitions in the Regulation. In particular, the lists relating to defence equipment, dual-use items and technologies, weapons of war, other controlled materials, as well as the technical definitions necessary for their correct interpretation, are updated.
Through this Ministerial Order, Spanish legislation is brought into line with Regulation (EU) 2021/821, which constitutes the European reference framework for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.
The Order maintains certain national controls in those areas not yet fully covered by European legislation. This provision is particularly relevant with regard to sensitive technologies, software and technical knowledge that may have both civilian and military applications, and is intended to strengthen the capacity to respond to risks arising from the current international security context.
Furthermore, the Order introduces improvements in clarity and legal certainty through the standardisation of terminology, the clarification of classification criteria, a better presentation of the annexes and the updating of certain definitions. These improvements aim to reduce potential misinterpretations by the operators concerned and the competent public authorities.
From a practical point of view, the Order mainly affects:
- Companies exporting defence equipment.
- Manufacturers and distributors of dual-use products.
- Foreign trade operators.
- Public authorities responsible for export controls.
These operators will need to review the classification of their products, technologies, software and technical documentation. They will also need to check whether they are included in the new control lists and, where necessary, adapt their internal export control procedures. Furthermore, the relevant public authorities will have to apply the new technical criteria when processing, reviewing and assessing applications for authorisation.
How can we assist you?
At Salinas & Partners, we recommend that all operators who manufacture, trade, import and/or export defence equipment and dual-use technologies (civil and military) carry out a review of their products and technical and control documentation to ensure full compliance with the obligations arising from the relevant regulations in general and this Ministerial Order in particular.
With over 30 years’ experience in legal consultancy, we at Salinas & Partners are at your disposal for any queries or comments you may have.
