On 13 March 2020, the Official Journal published the Common Military List of the European Union, as adopted by the Council on 17 February 2020 (2020/C 85/01). The document lists items covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment. It updates and replaces the Common Military List of the European Union that was adopted by the Council on 18 February 2019.

Notable changes include the introduction of controls for software which is “specially designed or modified for the conduct of military offensive cyber operations” under entry ML21.b.5. According to the relevant note, this includes software designed to destroy, damage, degrade or disrupt systems, equipment or software, specified by the EU Common Military List, and cyber reconnaissance and cyber command and control software therefor.


Derk advises clients on a wide variety of EU, regulatory and competition law matters, including merger control, cartels and vertical agreements. In addition, he advises and assists clients with respect to compliance and enforcement issues relating to EU and Dutch export controls, trade laws and sanctions. Derk has further acted for clients in various compliance investigations, both internally and involving government authorities.