Helicopters, drones, and aerial devices – transitioning from civilian to defence use: a straightforward dual-use guideline

Helicopters, drones and other aerial devices are commonly used in agricultural and civilian contexts but can also be repurposed for military applications. If you are an EU-based manufacturer considering converting an existing device, whether physical or digital, for defence use, consider the following key questions:

1. Does my product fall under the Dual-Use Regulation?
   The Dual-Use Regulation includes a comprehensive list of items ranging from radioactive materials to surveillance software. Before entering into any defence-related sales, companies must verify whether their products are covered by this regulation.
2. Is my product subject to sector-specific rules?
   Certain items are governed by specific regulations. For example, firearms are regulated under the relatively recent Firearms Regulation 2025/41, which addresses marking, documentation, import, and export. Civilian possession and use, however, are governed by the Firearms Directive.
3. Can I export outside the EU?
   Each country has its own import restrictions. Companies must also check for applicable export controls, sanctions, and prohibitions that may affect their products.
4. Which civilian regulations may no longer apply?
   Products intended for national security purposes may be exempt from certain civilian regulations, such as the EU AI Act and the General Data Protection Regulation (GDPR). Companies should carefully assess which obligations are lifted and which remain in force. Before entering the defence market, companies should map their products against EU dual-use and sector-specific regulations, verify export restrictions and clarify the applicability of civilian obligations. Early legal due diligence is essential to avoid costly compliance errors.

Check Dual-Use Goods| Legal Guide for Defence-Ready Companies for full article.