Section 1: Definitions and scope of application

The activities referred to in I of article L. 151-3 are as follows:

I.-Activities likely to affect national defence interests, participating in the exercise of public authority or likely to affect public order and public safety:

1° Activities, including those mentioned inarticle L. 2332-1 of the Defence Code, relating to arms, munitions, powder and explosive substances intended for military purposes or to war material and the like covered by Title III or Title V of Book III of Part Two of the Defence Code;

2° Activities relating to the dual-use goods and technologies listed in Annex IV to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfers, brokering and transit of dual-use items;

3° Activities carried out by entities holding national defence secrets;

4° Activities carried out in the information systems security sector, including as a subcontractor, on behalf of an operator mentioned in Articles L. 1332-1 or L. 1332-2 of the Defence Code;

5° Activities carried out by entities that have entered into a contract, either directly or by subcontracting, on behalf of the Ministry of Defence for the production of a good or service falling within an activity mentioned in points 1° to 3° or 6°;

6° Activities relating to the cryptology resources and services referred to in paragraphs III and IV of Article 30 and I of Article 31 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy;

7° Activities relating to technical equipment or devices likely to enable the interception of correspondence or designed for the remote detection of conversations or the capture of computer data, as defined inArticle 226-3 of the Criminal Code;

8° Activities relating to the provision of services by assessment centres approved under the conditions set out in Decree no. 2002-535 of 18 April 2002 relating to the assessment and certification of the security offered by information technology products and systems;

9° Activities relating to gambling, with the exception of casinos;

10° Activities relating to means intended to counter the illicit use of pathogenic or toxic agents or to prevent the health consequences of such use;

11° Activities relating to the processing, transmission or storage of data, the compromise or disclosure of which is likely to affect the exercise of the activities mentioned in 1° to 10° of this I or in II.

II.Activities likely to undermine the interests of national defence, participating in the exercise of public authority or likely to undermine public order and public security, when they concern infrastructures, goods or services essential to guarantee :

1° the integrity, security or continuity of energy supplies;

2° the integrity, security or continuity of water supplies;

3° the integrity, security or continuity of the operation of transport networks and services;

4° the integrity, security or continuity of the space operations referred to in 3° of Article 1 of Law no. 2008-518 of 3 June 2008 on space operations;

5° The integrity, security or continuity of operation of electronic communications networks and services;

6° The performance of the duties of the national police, the national gendarmerie and civil security services, as well as the performance of the public security duties of the customs authorities and those of approved private security companies;

7° The integrity, security or continuity of operation of an establishment, installation or facility of vital importance within the meaning of Articles L. 1332-1 et L. 1332-2 du code de la défense;

8° La protection de la santé publique;

9° La production, la transformation ou la distribution de produits agricoles énumérés à l'annexe I du traité sur le fonctionnement de l'Union européenne, lorsque celles-ci contribuent aux objectifs de sécurité alimentaire nationale mentionnés aux 1°, 17° et 19° du I de l'article L. 1 of the French Rural and Maritime Fishing Code ;

10° Publishing, printing or distributing political and general information press publications, within the meaning ofArticle 4 of Law no. 47-585 of 2 April 1947 on the status of newspaper and periodical grouping and distribution companies, and online political and general information press services within the meaning ofArticle 1 of Law no. 86-897 of 1 August 1986 reforming the legal status of the press.

III - Activities likely to affect the interests of national defence, participating in the exercise of public authority or likely to affect public order and public security, when they are intended to be implemented in one of the activities mentioned in I or II:

1° Research and development activities relating to critical technologies, the list of which is defined by order of the Minister responsible for the economy;

2° Research and development activities on dual-use goods and technologies listed in Annex I to the aforementioned Council Regulation (EC) of 5 May 2009.