The Netherlands has put export restrictions on certain semiconductor manufacturing equipment into effect. The new regulations apply from 1 September 2023. The step had already been announced in spring after close coordination with the USA. The Netherlands justifies the measures with the "interest of public security, including world peace and national stability".
Specifically, the export restrictions are a licensing requirement for the export of advanced semiconductor manufacturing equipment from the Netherlands that is not listed in Annex I of Regulation 2021/821 (EU Dual-Use Regulation). The advanced semiconductor manufacturing equipment includes production equipment, software and technology for semiconductor devices or materials not controlled by 3B001, 3D001, 3D002 and 3E001 of Annex I to the EU Dual-Use Regulation, and specially designed components and accessories therefor.
Why can these national export restrictions of the Netherlands also be of importance for German exporters? The EU Dual-Use Regulation, as revised in 2021, provides in Art. 10 for a "hybrid licensing requirement" for only nationally listed goods. According to this, an authorisation requirement for non-EU-listed goods can be constituted in individual cases on the basis of a national listing of another EU member state if a threat to public security is (could be) imminent in connection with a specific export of goods or if human rights risks are identified. The exporter must have been individually informed of this by the competent authority. This regulation should lead to greater harmonisation of the different national practices of the EU Member States.
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