On May 31, 2023, Spain officially adopted a national control list under Article 9(4) of Regulation (EU) 2021/821, becoming one of the first EU member states to exercise autonomous export controls on dual-use items including quantum computers. The European Commission published the compilation of national control lists in the Official Journal on October 20, 2023.
Spain’s list included quantum computers and related electronic assemblies and components, as well as technology for the development or production of quantum computers, devices, and qubit circuits, along with quantum measurement and control components. The list also covered scanning electron microscope equipment, additive manufacturing equipment for energetic materials, and technology for GAAFET integrated circuits.
The controls were adopted for reasons of public security under Article 9 of the Regulation, allowing member states to prohibit or require authorization for the export of dual-use items not listed in Annex I. Following publication by the Commission, other member states could impose authorization requirements based on Spain’s national list. By 2024, Spain, France, the Netherlands, and other countries had imposed similar autonomous controls on quantum computers based on qubit counts and error rates.