Update of the list of defense-related products

SÉRVULO PUBLICATIONS 17 Jun 2026

Ministerial Order no. 236/2026/1, published in the Diário da República on 28 May 2026, transposes Commission Delegated Directive (EU) 2026/325 of 27 October 2025, approving the updated list of defence-related products, including military goods, technologies and services, in both tangible and intangible forms.

This update forms part of the periodic transposition mechanism provided for under Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009, which establishes a simplified regime for the transfer of defence-related products within the European Union. This requires Member States to maintain their national lists aligned with the EU Common Military List through delegated directives adopted by the Commission.

Ministerial Order no. 236/2026/1 repeals Ministerial Order no. 231/2025/1 of 23 May and has been applicable since 5 June 2026, reflecting the update of the EU Common Military List adopted by the Council on 24 February 2025.

This update is part of the national framework applicable to the transfer, circulation and international trade of defence-related products, particularly under Law no. 37/2011 of 22 June. It is also aligned with the regime governing access to and the exercise of trading and industrial activities involving military goods and technologies set out in Law no. 49/2009 of 5 August, as well as with Council Common Position 2008/944/CFSP of 8 December, as amended by Council Decision (CFSP) 2025/779 of 14 April 2025, which establishes common rules governing the control of exports of military technology and equipment.

Overall, the 2026 updates primarily reflect technological developments in the space and suborbital sectors, greater precision in the classification of small arms and directed energy systems, as well as an effort to harmonise terminology and align with the dual-use regime.

The following updates are particularly noteworthy compared to the previous version:

• ML10 now expressly includes “suborbital vehicles” and related equipment, including launch, recovery and ground support equipment, as well as command and control systems;
• ML11 has undergone a significant terminological change, replacing the reference to “space vehicles” with “spacecraft”, a broader concept now defined through a detailed taxonomy distinguishing between satellites, space probes and space vehicles;
• The definition of “automated command and control systems”, previously included in the general definitions section of the annex, has been moved to a technical note directly linked to ML11.a., note j., reinforcing its connection to specific controls;
• ML19, concerning directed energy weapon (DEW) systems, has been revised to cover laser systems designed to damage a target, rather than only those intended to destroy it or abort a mission;
• ML18, relating to production equipment, has been simplified, as the previous version included a detailed list of specific equipment that is no longer included, resulting in a more general formulation;
• ML22 now expressly includes “algorithms” among the forms that technical data may take, clarifying that these constitute “technology” subject to control when used in the development, production or use of defence-related products.

The list covers military goods, technologies and services in both tangible and intangible forms, including software, technology, technical data and technical assistance, and is particularly relevant for companies operating in the defence, security, aerospace, technology and dual-use sectors.

The amendments introduced underscore, in particular, the growing operational relevance of emerging domains – from suborbital space to directed energy weapons – within the national and European regulatory framework for controlling transfers of defence-related products, and should be carefully assessed by operators active in the sectors concerned.

In particular, companies should reassess their internal processes for classifying products and technologies, as well as verify whether their activities require licensing for trading and industrial activities involving military goods and technologies under Law no. 49/2009 of 5 August, and ensure compliance with the obligations set out in Law no. 37/2011 of 22 June.