Proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons - Hoofdinhoud
| Documentdatum | 31-05-2016 |
|---|---|
| Publicatiedatum | 01-06-2016 |
| Kenmerk | 9297/16 |
| Van | Presidency |
| Externe link | origineel bericht |
| Originele document in PDF |  |
Council of the European Union
Brussels, 31 May 2016
PUBLIC
(OR. en)
9297/16
Interinstitutional File:
2015/0269 (COD) i LIMITE
GENVAL 62 JAI 469 MI 364 COMPET 310 COMIX 392 CODEC 711
NOTE
From: Presidency
To: Permanent Representatives Committee/Council
No. prev. doc.: 5662/5/16 REV5
Subject: Proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/477/EEC i on control of the acquisition and possession of weapons
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1.Subsequent to the completion of the first round of discussion on the proposal in January 2016,
the Presidency submitted to the GENVAL Working Party a revised text of the proposal,
taking into account as much as possible the various concerns raised by delegations. The
GENVAL Working Party discussed the revised text at its meeting of 8 February 2016.
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2.With a view to obtaining political guidance on certain aspects of the proposal, the Presidency
had invited Ministers to discuss five key issues at the Council meeting of 10 March 2016.
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3.Following the terrorist attacks in Brussels on 22 March 2016, the Ministers for Justice and
Home Affairs at their meeting on 24 March 2016, expressed the need to pursue in a resolute
manner the swift completion of legislation on control of the acquisition and possession of
firearms.
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4.The GENVAL Working Party again discussed the proposal on 11 and 25 April 2016 with a
focus on the technical specifications allowing the prohibition of certain firearms (Category A,
Annex I) and possible derogations from that prohibition. In order to provide further guidance
on the proposal, COREPER held a policy debate on these key issues at its meeting on 11 May
2016.
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5.Subsequently, the Presidency revised the text, which reflected the outcome of that policy
debate and which was discussed by JHA Counsellors on 13 May 2016. In the light of these
discussions, the Presidency submitted a further revised proposal to the GENVAL Working
Party on 19 May 2016. Further concerns voiced at the JHA Counsellors meeting on 25 May
2016 were reflected in the fifth revised version of the draft Directive.
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6.Delegations were invited to react to that revised version by 30 May 2016. On the basis of the
comments submitted, the Presidency made a few technical adjustments to the text.
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7.The current text reflects the discussions on the most controversial issue of the Commission
proposal, that is the classification of firearms in line with their dangerousness and hence their
prohibition. It takes also account of the issues how to derogate from that prohibition, in
particular for target shooters and collectors. In order to ensure the traceability of firearms on
the market, marking requirements as well as record keeping provisions were specified and
cross-border information exchange mechanisms were provided for.
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8.The Presidency is of the opinion that the current text constitutes a solid compromise proposal
with a view to achieving a general approach at the Council meeting of 9-10 June 2016.
Changes compared to the initial Commission proposal are underlined, changes compared the
5662/5/16 REV 5 are marked in bold and underlined.
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9.COREPER is invited to consider the current version of the text with a view to enabling the
Council (JHA) to achieve a general approach on the amendments to the current firearms
directive at its meeting on 9/10 June 2016.
ANNEX
Proposal 1 2 for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Council Directive 91/477/EEC i on control of the acquisition and possession of
weapons 3
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article
114 4 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) Council Directive 91/477/EEC i 5 established an accompanying measure for the internal
market. It created a balance between, on the one hand, the undertaking to ensure a certain freedom of movement for some firearms and essential components thereof within the Union, and, on the other hand, the need to control that freedom using security guarantees suited to
this type of products in question.
1 With participation of the associated countries.
2 Text with EEA relevance.
3 General scrutiny reservation: BG, CZ, DK, DE, LU, RO SI, FI, UK, CH.
4 AT: check whether legal basis covers sufficiently internal security concerns.
5 Council Directive 91/477/EEC i of 18 June 1991 on control of the acquisition and possession
of weapons (OJ L 256, 13.9.1991, p. 51).
(2) As a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC i especially with regard to the deactivation of weapons, convertibility and marking rules, the "European Agenda on Security" adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent their reactivation and use by criminals.
(2a) Once firearms are lawfully acquired and possessed in accordance with the provisions of this Directive, national provisions concerning the carrying of weapons, hunting or target
shooting should apply.
(3) (…) 6
(4) (…) 7 .
(5) To avoid that collectors become a (…) a possible source of traffic of firearms, they should be covered by this Directive. Member States may authorise collectors to acquire and possess firearms, essential components therof and ammunition in line with this Directive. Moreover, in individual special cases and subject to strict conditions on security, Member States may authorise collectors to acquire and possess prohibited firearms.
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive. On-line platforms which are used by individuals to advertise their weapons for sale should not be considered as a broker.
(7) Taking into consideration the high risk of reactivating improperly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, taking into consideration the principles of deactivation of firearms
as provided for by the Council Decision of 11 February 2014 8 , which transposes in the EU
legal framework the "Protocol against the Illicit Manufacturing of and Trafficking of Firearms, their Parts and Components and Ammunition (UNFP)", a definition of
deactivation in accordance with the above-mentioned principles should be given.
(7a) Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are, with some limited exceptions to the rule, not allowed to be owned or traded. (…) Where those rules are not respected, Member States should take appropriate measures including the seizure of those firearms.
6 See Recital (19)
7 Deleted as this is now implicitly covered by recital 7a.
8 Council Decision of 11 February 2014 on the conclusion, on behalf of the European Union,
of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime; OJ L89 of 25/03/2014, p.7
(7b) Member States should, however, have the possibility to authorise the acquisition and the possession of prohibited firearms when necessary for educational, cultural, research or
historical purposes. Member States should also be allowed to authorise individuals to acquire and possess otherwise prohibited firearms and essential components thereof for national defence, such as in the context of voluntary military training provided under Member State law.
(7c) The Directive should not prevent (…), dealers and brokers from handling firearms prohibited in accordance with this Directive in (…) cases where the acquisition and possession of such firearms is exceptionally allowed (…),where their (…) handling is necessary for the purposes of deactivation or conversion or whenever permitted in cases provided for by this Directive. Neither should the Directive prevent the (…) dealers and brokers from handling such firearms in cases not covered by this Directive, such as firearms to be exported outside the European Union or weapons to be acquired by the armed forces or the police.
(8) In order to ensure the traceability of (…) all firearms and essential components thereof covered by this Directive, they should be registered in national registries.
(9) Some semi-automatic firearms can easily be converted to automatic firearms, thus posing a threat to security. Even in the absence of such conversion (…) certain semi-automatic
firearms may be very dangerous when their capacity regarding the number of rounds is high.
Therefore, semi-automatic firearms with a fixed loading device allowing to fire a high number of rounds, as well as semi-automatic firearm in combination with a removable loading device with a high number of rounds should be prohibited for civilian use. Such loading devices, such as fixed or detachable magazines, as well as feeding belts, should also be prohibited. When individuals are found to be in the possession of such loading devices these should be seized, as well as any semi-automatic centre fire firearms to which these could be fitted, even if the possession of these firearms was authorised. These individuals should also be deprived from their authorisation.
(10) To avoid that markings are easily erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced. These rules should apply only to firearms and essential components that are placed on the market as from the date by which Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the main provisions of this Directive.
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them as well as of the essential components thereof should be kept for [20] years
after destruction by the competent authorities. 9 Access to these records and all related
personal data shall be restricted to competent authorities and be permitted only up until ten years after destruction of the firearm concerned for the purposes of granting or withdrawing authorisations, including the possible impositions of administrative penalties, and up until twenty years after destruction where necessary for the enforcement of criminal law.
(12) Selling arrangements for firearms and their essential components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the authenticity of authorisations. It is therefore appropriate to enhance the specific provisions for sales (…) by means of distance communication, in particular the internet (…).
(13) Furthermore, the risk of acoustic weapons and other types of blank firing weapons being converted to real firearms is high, and in some recent terrorist acts such converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, in particular by including them in the scope of the Directive. Technical specifications for alarm and signal weapons (…) should be adopted in order to ensure that they cannot be converted into firearms.
(13a) Objects, that have the physical appearance of a firearm ("replica"), but which are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustible propellant, are not covered by this
Directive. 10
(13b) Firearms and ammunition should be stored in a secure manner when not immediately supervised. If stored other than in a safe, firearms and ammunition should be stored separately from each other. Criteria for (…) storage should be defined by national rules.
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commission's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
9 AT, DE, LU, ES, IT, FR (keep data including of the export). PT, HR underlined the need to
keep each entry, changing only the status of the firearm. FI suggests adding:, or in case of an exported firearm, 20 years after the export;"
10 Suggestion to delete recital: CH
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a system of exchange of information on authorisations granted and on refusals. It is of
particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law
Making of 13 April 2016. 11 In particular, to ensure equal participation in the preparation of
delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(16) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the
Council 12 .
(17) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
(17a) The General Data Protection Regulation (GDPR) 13 on the processing of personal data and on the free movement of such data 14 apply to the processing of personal data in the
framework of this Directive.
(18) Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
11 Interinstitutional Agreement between the European Parliament, the Council of the European
Union and the European Commission on Better Law-Making of 13 April 2016. OJ, 123/1, 12 May 2016
12 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
13 CH: not applicable to CH; DK: delete recital and add instead (11b), see footnote 8
14 Regulation of the European Parliament and of the Council on the protection of natural
persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC i
(19) Directive 91/477/EEC i should therefore be amended accordingly.
(20) As regards Iceland and Norway, this Directive and Council Directive 91/477/EEC i constitute a development of the provisions of the Schengen acquis within the meaning of the
Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis which fall within Article 1 of Council Decision 1999/437/EC i.
(21) (…)
(22) As regards Switzerland, this Directive and Council Directive 91/477/EEC i constitute a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within Article 1 of Decision 1999/437/EC i read in
conjunction with Article 3 of Council Decision 2008/146/EC i.
(23) (…)
(24) As regards Liechtenstein, this Directive and Council Directive 91/477/EEC i constitute a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss
Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within Article 1 of Decision 1999/437/EC i read in conjunction with Article 3 of Council Decision 2011/350 i/EU.
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 91/477/EEC i is amended as follows:
(1) Article 1 15 is amended as follows:
(a) Paragraph 1a is deleted 16 .
(aa) Paragraph 1bis replaced by the following:
"1b. For the purposes of this Directive, "essential component" means (…) 17 the barrel,
(…), frame, the receiver, including both upper and lower receivers, where
appropriate, slide, (…) cylinder, bolt or breech block (…) 18 which, being separate
objects, are included in the category of the firearms on which they are or are intended to be mounted.
15 DE: definition of firearms should be clarified to the effect that the term "combustible
propellant" covers "primers" as well; Flobert guns/ gallery guns would then be covered by Directive
16 As only essential components are subject to obligations under this Directive, there is no need
for a definition of 'parts'.
17 Deletion suggested by BE, CZ, DE, IT, CY, SI, UK,; closed list requested by DE, CZ, CY,
UK, including removable magazines by BE, IT, PT, BG, ES.
CZ, UK delegation stated the need to clarify the definitions of "essential components" and "parts".
18 Deletion suggested by BG, EE, ES, FR, IT, LU, PL, RO, SK SI, UK, CH.
(b) Paragraph 1e 19 is replaced by the following:
"1e. For the purposes of this Directive, "broker 20 " means any natural or legal person (…), or partnership resident or established in a Member State (…) whose (…) services 21
(…) consist wholly or in part in (…)
(a) the negotiation or arrangement of transactions for (…) the purchase, sale or
supply of firearms, essential components thereof or ammunition, or
(b) arranging the transfer thereof within a Member State, from one Member State to
another Member State, from a Member State 22 to a third country or from a third
country to a Member State 2324 (…)."
(c) In paragraph 1, the following paragraphs are added 25 :
"1f. For the purposes of this Directive, "alarm and signal weapons" 26 means (…) 27
devices with a cartridge holder (…) designed to fire only blanks, irritants, other
active substances or pyrotechnic signalling ammunition. (…) 28
1g. For the purposes of this Directive, "salute and acoustic weapons" means firearms specifically converted to the sole use of firing blanks, for use such as in theatre performances, photographic sessions, film and television recordings, historical reenactments,
parades, sporting events and training. (…) 29
19 Definition of "broker" should be under paragraph 2.
20 IT, FR, PL, RO, UK requested to define the term to distinguish from "dealer", with regard to mediating activities of broker who ' furthermore, is not owner of firearms. FR suggested to
align paragraph to Regulation (EC) No 428/2009 i of 5 May 2009; DE, UK considered distinction between broker and dealer as artificial.
21 AT: wording to be aligned to wording for definition of 'dealers'
22 Suggested by DE.
23 Suggested by DE; UK: third country aspects should be covered by Regulation 258/2012 i.
24 Addition suggested by FI: "or, when the broker is established in the EU, between third
countries,…"
25 IE: add definition of gas weapons.
26 Distinctive definitions requested by CY, SK.
27 Deletion suggested by FR.
28 Deletion suggested by BG, AT, IT, ES, PT, CH, EE.
29 Deletion suggested by BG, AT, IT, ES, PT, CH, EE.
1h. (…);
1i. For the purposes of this Directive, "deactivated firearms" means firearms that have been deactivated in a way that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification in a
manner that would permit the firearm to be reactivated in any way (…) 30 in accordance with 31 Commission Implementing Regulation (EU) 2015/2403 (…) 32 "
1j. For the purposes of this Directive, "museum" means permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches exhibits firearms, essential components thereof and ammunition for the
purpose of education, study and enjoyment; 33
1k. For the purposes of this Directive, "collector" means any legal or natural person
dedicated to the gathering and conservation of firearms or associated artefacts 34 , and
recognised as such by a Member State.
(cc) Paragraph 2b is replaced by the following: 35
"For the purposes of this Directive, "illicit trafficking" (…) means the acquisition, sale, delivery, movement (…) or transfer of firearms, their essential components or ammunition
from or across the territory of one Member 36 State to that of another Member State if any
one of the Member States concerned does not authorise it in accordance with the terms of this Directive or if the assembled firearms are not marked in accordance with Article 4(1).
30 Deletion suggested by DE.
31 Suggested by DE, CZ.
32 Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing
common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, OJ, L 333/62, 19.12.2015.
33 Deletion suggested: DK, DE, UK, ES, FI, CH
34 Deletion of "and associated artefacts " suggested by CZ
35 Addition suggested by FR
36 Deletion of "Member" suggested by COM, PT, opposed by DK, DE to underline that the
Directive is on internal market issues (c) Paragraph 2 is replaced by the following:
"2. For the purposes of this Directive, "dealer" means any natural or legal person whose trade or business consists wholly or in part of any of the following:
(i) the manufacture, trade, exchange, hiring out, repair or conversion of firearms,
essential components (…) 37 of firearms 38 ; or
(ii) the manufacture, trade, exchange (…) 39 or conversion of ammunition."
(2) In Article 2, paragraph 1 and 2 are replaced by the following:
"1. This Directive is without prejudice to the application of national provisions concerning the carrying of weapons, hunting or target shooting, using weapons lawfully acquired and possessed in accordance with this Directive.
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2.This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, or the
public authorities 40 . Neither shall it apply to commercial transfers (…) 41 as regulated by Directive 2009/43/EC i 42 43 ."
37 Deletion suggested by CZ, supported by DE, UK and CH.
38 Suggested by FR, rewording suggested by UK.
39 Deletion suggested by FR and CH.
40 Suggestion by FI "…armed forces and law enforcement authorities." Addition suggested by
AT" …and traditional rifle associations."
41 Deletion suggested by FR.
42 Directive 2009/43/EC i of the European Parliament and of the Council of 6 May 2009
simplifying terms and conditions of transfers of defence-related products within the Community, OJ L 146/1, 10.6.2009.
43 Suggested by FR, CZ.
(3) In Article 4, paragraphs 1, 2 and 3 are replaced by the following:
"1 44 . With respect to the firearms manufactured or imported into the Union after the date referred to in Article 2.1, Member States shall ensure that any firearm or 45 essential component of a firearm 46 placed on the market 47 has been:
(i) provided with a unique marking, which is clear and permanent 48 , without delay after manufacture or import to the Union 49 and
(ii) (…) registered in compliance with this Directive without delay after manufacture
or import to the Union 50 .
The Commission shall adopt technical specifications for the marking. 51 The
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 13 b(2). 52
2 53 . For the purposes of identifying and tracing each (…) 54 firearm and its essential components 55 , Member States shall, without delay (…) after manufacture (…) or (…) import to the Union 56 (…), require a unique marking 57 including the name of the
manufacturer, the country or place of manufacture, the brand, the model (…)the serial number, and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark. Where the essential component is too small to be practicably marked with all of this information, at least a serial number shall be marked on it.
44 Suggested by FI: "Member States shall ensure that each assembled firearm placed on the
market or individual essential component placed on the market separately has been marked"
45 IT: "and essential components ".
46 Suggested by PL, FI, ES, PT, SK.
47 FI raised the attention that there should be a possibility to mark a firearm directly after it is
being imported to the EU. DE : more clarification needed
48 Suggested by ES, FR; IT "in an indelible way";DE: "clearly and permanently marked
according to the state of the art".
49 Addition suggested by DE
50 Addition suggested by DE.
51 DE voiced concerns about administrative burdens.
52 Addition suggested by FR.
53 HU, FI specified that if the firearms is imported the year of import should be marked before
it is placed on the market.
54 Deleted at the suggestion of DE.
55 Suggested by ES.
56 Wording suggested by DE.
57 Concerns about loss of value of historical firearms, concerns about feasibility of full size
marking from IT, MT, SK.
The marking requirements for a firearm that is of particular historical importance
shall be determined by national law.
(…)
(…)
Member States shall ensure that each elementary package of complete ammunition is marked so as to provide the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition.
For those purposes, Member States may choose to apply 58 the provisions of the
Convention on Reciprocal Recognition of Proofmarks on Small Arms of 1 July
1969 59 .
Furthermore, Member States shall ensure, at the time of transfer of a firearm or essential components of a firearm from government stocks to permanent civilian use,
the appropriate 60 unique marking permitting identification of the transferring entity.
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3.(…) 61
(4) 62 In Article 4, paragraph 4 63 is amended as follows:
(a) in the first subparagraph, the second sentence is replaced by the following:
"This filing system shall record:
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-the type, make, model, calibre and serial number of each firearm and the essential components thereof; and
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-the names and addresses of the suppliers and of the persons acquiring or possessing the
firearm or the essential components thereof 64 .
Member States shall ensure that the record of firearms and the essential components thereof, including the related personal data, be retained for a period of 20 years after destruction by the competent authorities.
58 Suggested by CZ.
59 A number of delegations (ES, SK, CZ, BE, UK) requested restoring this provision. Small
adaptation has been made as suggested by CZ to clarify that the Convention to which not all MS are members does not represent an alternative regime to the EU one. In this regard FR raised the question whether accession to that Convention should be considered by the EU.
60 Suggested by FI.
61 Moved to Article 4b.
62 FR suggested a merge with 4b.
63 FR rewording see 5342/3/16 REV 3.
64 Addition suggested by PT, LV: "…and ammunition".
These records and the related personal data (…) shall be accessible:
-
-up until 10 years after destruction of the firearm or the essential components by the authorities competent for the purpose of granting or withdrawing authorisations referred to in Article 7 or for the purposes of tax or custom proceedings, and
- up until 20 years after destruction of the firearm or the essential components by the authorites competent for the purposes of prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties. 65
Member States shall ensure that the personal data are deleted upon expiry of the periods specified in the above paragraph. This obligation shall be without prejudice to cases where specific personal data have been transferred to an authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties and are used in this specific context, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State."
(b) the second subparagraph is replaced by the following:
"Throughout their period of activity, dealers and brokers shall be required to maintain a
register 66 in which each firearm and each essential component of a firearm 67 subject to this
Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm or essential components (…) to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the person supplying and acquiring it.
Upon the cessation of their activities, dealers and brokers shall deliver that register to the
national authority responsible for the filing system provided for in the first subparagraph.
Each Member State shall ensure that the registers of the dealers and brokers established in their territory are connected to the computerised data-filing system for firearms and (…) essential components (…)."
(4a) Article 4a is amended as follows:
"Without prejudice to Article 3, Member States shall allow the acquisition and possession of firearms only by persons who have been granted a licence or, with respect to category C (…), who are specifically permitted to acquire and possess such firearms in accordance with national law.
65 Addition suggested by DE, FR, CZ, scrutiny reservation: FI
66 CH reservation; IT: distinguish between content of dealer's and broker's register, latter
should be about "carried out operations".
67 Addition suggested by PT: and ammunition
(5) Article 4b is replaced by the following:
"Article 4b
-
1.Member States shall establish a system for the regulation of the activities of dealers
and brokers. Such a system shall include at least 68 the following measures:
(a) registration of dealers and brokers 69 operating within the territory of each
Member State; and
(b) licensing or authorisation of the activities of dealers and brokers within their territory.
2 70 . The system referred to in paragraph 1(b) shall include at least a check of the
private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.".
(6) Articles 5 and 6 are replaced by the following:
"Article 5
1 Without prejudice to Article 3, Member States shall authorise the acquisition and
possession of firearms 71 only by persons who have good cause and who:
(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licensed or otherwise
approved training centre; 72
68 ES specified that measures should be cumulative.
69 UK: concerns about requirements to be placed on brokers: no need for brokers to be on a
pre-approved register.
70 FR suggested the addition of the obligation for manufacturers and dealers to have secure
facilities to store the firearms they hold.
71 IE: clarify that it only refers to Cat B and not to Cat C, D firearms.
72 Reinstated after Council discussion.
(b) are not likely to be a danger to themselves 73 , to public order or to public safety;
having been convicted of a violent intentional crime shall be considered as
indicative of such danger.
(c) (…)
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2.Member States may 74 make the issuance or renewal of the authorisations referred to
in paragraph 1 subject to (…) medical, including psychological, review. 75
Member States shall withdraw (…) authorisations for the possession of a firearm (…) if any of the conditions on the basis of which the authorisation was granted is no longer met.
Member States shall not prohibit persons resident within their territory from possessing a firearm acquired in another Member State unless they prohibit the acquisition of the same type of firearm within their own territory.
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3.Member States shall ensure that an authorisation to acquire and an authorisation to possess a firearm classified in category A or B of Annex 1 shall be withdrawn if the person who was granted the authorisation is found to be in the illegal possession of a
loading device classified in Category A 9 of Annex I. 76
Article 6
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1.Without prejudice to Article 2(2), Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms, the essential components thereof and the ammunition listed in category A in Annex I. They shall ensure that (…) those firearms, essential components and ammunition unlawfully held in
contravention of that prohibition are seized 77 .
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2.For the protection of critical infrastructure and commercial shipping and high-value
convoys, national defence, educational, cultural, research and historical 78 purposes
and without prejudice to Article 6(1), the competent authorities may grant in individual special cases authorisations for (…) such firearms, essential components and ammunition where this is not contrary to public security or public order.
73 Addition by FI "or others,…".
74 IT, PL, HU: reinstate shall; FI stay with may
75 DE suggestion to add: "Where there are factual indications that a person is not or no longer
fit to possess firearms, Member States shall require the person in question to obtain, at his or her own expense, a certificate of physical or mental aptitude from a public health officer, specialist or psychologist."
76 CZ, LV, GR, CH, FI, CY consider the withdrawal as a matter of subsidiarity
77 Up to Member States what to do with such firearms: EE.
78 HU, MT: add "film making".
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3.Member States may authorise dealers or brokers, in their professional capacity, to acquire, manufacture, deactivate, repair and possess firearms, essential components thereof and ammunition from category A subject to strict conditions on security.
3a. Member States may authorise museums to acquire and possess firearms, essential components thereof and ammunition from category A and B (…) subject to strict conditions on security.
3b. (…)
3c. Member States may authorise target shooters to acquire and possess semi-automatic firearms and loading devices classified in categories A.7 and A.9 of Annex I, subject to the following conditions:
-
a)a satisfactory comprehensive medical and psychological assessment of the target shooter's reliability and in line with the provisions set out in Article 5(1(b));
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b)provision of proof that he is participating in shooting competitions recognised by the Shooting Sport Federation of that Member State or by the International Shooting Sport Federation; and
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c)a certificate from an officially recognized shooting organisation confirming that:
-
i.the target shooter is a member of a shooting club and, has been regularly
practising target shooting in it for at least twelve months, and
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ii.the firearm is necessary for a shooting discipline recognised by the
International Shooting Sport Federation.
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The authorisations shall be reviewed periodically at intervals not exceeding five years.
Article 6a 79
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1.Member States shall ensure that in case of the acquisition and selling 80 of firearms
and their essential components and the ammunition covered by categories A, B and
C (…) set out in Annex I by means of distance communication 81 , as defined in
Article 2 of Directive 2011/83/EC i of the European Parliament and of the Council(**), the identity, and where required, the authorisation of the person acquiring the firearm or the essential components thereof or ammunition is checked prior to or at the latest upon delivery thereof to that person, by:
-
--an authorised dealer or broker; or
-
-a public authority or a representative thereof. ____________________________________________________________________
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(*) OJ: Please insert a date: data of publication of this amending Directive +20 days.
(**) Directive 2011/83/EC i of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC i and Directive 1999/44/EC i of the European Parliament and of the Council and repealing Council Directive 85/577/EEC i and Directive 97/7/EC i of the European Parliament and of the Council (OJ L 304/64, 22.11.2011, p.19)."
79 BE, BG, GR: reservation on this Article and requests, at least, a requirement of a face-toface
delivery; RO: suggested delivery in in personam through an authorised dealer and the entire process taking place under strict control
80 Suggested by LT, CH, FR.
81 Delegations requested more clarity regarding this prohibition as well as an alternative BG,
DE, EE, HR, FI, SE, UK.
(7) (…)
(7a) In Article 7, the following subparagraph is added to paragraph 4, after point c):
"The (…) authorisation for possession of a firearm shall be reviewed periodically, at intervals
not exceeding five years 82 . The authorisation may be renewed or prolonged if the conditions
on the basis of which it was granted are still fulfilled."
(7b) In Article 7, the following paragraph is added after paragraph 4: 83
"4a. Member States may renew an authorisation for a firearm which was classified in
category (…) B set out in Annex I of the Directive, as amended by Directive 2008/51/EC i 84 ,
even if the firearm is currently classified in category A. However, such authorisations may be renewed only for persons already holding an authorisation before the date referred to in
Article 3 of this Directive." 85
(7bb) Article 8, paragraph 3 is amended as follows:
"If a Member State prohibits or makes subject to authorisation the acquisition and possession within its territory of a firearm classified in category B or C (…), it shall inform the other Member States, which shall expressly include a statement to that effect on any European firearms pass they issue for such a firearm, pursuant to Article 12(2)."
(7c) Article 10 is replaced by the following:
“The arrangements for the acquisition and possession of ammunition and of loading devices shall be the same as those for the possession of the firearms for which the ammunition and the loading device are intended.”
(8) The following Articles 10a and 10b are inserted:
82 More flexibility as to time limit, emphasis on robust procedures as to issuing licenses: UK
DK (10 years), scrutiny reservation: DE objects to current version; Emphasis on checking every 5 years CZ, IT, PL COM Revised text supported by PT: FI 7(4)b) periodic review every five years… and delete COM addition after 7(4)c).
83 MT, CZ, HU: issue with property rights
84 Directive 2008/51/EC i of the European Parliament and of the Council of 21 May 2008
amending Council Directive 91/477/EEC i on control of the acquisition and possession of weapons, OJ 179/5, 8.7.2008.
85 Deletion of last sentence suggested by FI, EE.
"Article 10a 86
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1.Member States shall take measures to ensure that alarm and signal weapons (…) cannot be converted into firearms.
The Commission shall adopt technical specifications for alarm and signal weapons (…) to ensure they cannot be converted into firearms.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2).
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2.Salute and acoustic weapons shall remain in the category set out in Annex 1, Part II, corresponding to the firearm from which they were converted.
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3.Alarm and signal weapons that do not fulfil the technical specifications of Article 10a(1)
shall be classified in category A 87 and B (…) of Annex 1, part II (…).
Article 10 aa
Member States shall establish rules on the proper supervision of firearms and ammunition (…) and rules on their proper storage in a secure way to minimise the risk of being accessed by an unauthorised person. Firearms and ammunition for them shall not be
readily accessible together 88 . Supervision in this case shall mean that the person possessing
the firearm or the ammunition has (…) 89 control over them during transport and use. The
level of scrutiny for the storage arrangements shall correspond to the category of the
firearm 90 .
(…) 91
87 Addition suggested by FR
88 Reservation PT, LT provision to be read in conjunction with recital 13b.
89 CY, FI: delete reference to immediate control;
90 Addition suggested: by FI: firearm "in question", by PT "firearm and quantity".
91 Considered as a matter of subsidiarity and deletion suggested by PL and UK.
Article 10b
Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the
issuance of a certificate and 92 record attesting to the deactivation of the firearm and 93 the
apposition of a clearly visible mark to that effect on the firearm.
The Commission shall adopt deactivation standards and techniques to ensure that deactivated firearms are rendered irreversibly inoperable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2)."
(9) In Article 11, paragraph 1 is amended as follows:
Article 11
-
1.Firearms may, without prejudice to Article 12, be transferred from one Member State to another only in accordance with the procedure laid down in the following paragraphs. These provisions shall also apply to transfers of firearms following a mail order sale (…) or selling by means of distance communication, as defined in Article 2 of Directive 2011/83/EC i of the European Parliament and of the Council.
(10) In Article 13, the following paragraphs 4 and 5 are added 94 :
"4. The competent authorities of the Member States shall exchange by electronic
means 95 information on the authorisations granted for the transfers of firearms to
another Member State, and information with regard to refusals to grant authorisations as defined in Article 7 on grounds of security related reliability of the person concerned.
92 FR, BG, ES and confirmed by COM.
93 Suggested by DE.
94 Deletion suggested by CH since cross-border significance of information exchanged is
limited.
95 Supported by DE, IT, FI, SE, UK, FR.
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5.The Commission shall provide for a (…) system for firearms for the exchange of information mentioned under paragraph 4, which allows for the tracing of these firearms. This system may use a module of the Internal Market Information System (‘IMI’) established by Regulation (EU) No 1024/2012 i specifically customised for
firearms. 96 The Commission shall be empowered to adopt delegated acts 97 in
accordance with Article 13a therefor and concerning the detailed arrangements for
the systematic exchange of information by electronic means." 98
(11) Article 13a is replaced by the following:
"Article 13a 99
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1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
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2.The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.
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3.The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3a. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the
Interinstitutional Agreement on Better Law-Making of 13 April 2016.
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4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
96 Suggested by FR. Regulation (EU) No 1024/2012 i is text with EEA relevance , Reservation:
ES, FI, EE, DE, DK, LV, UK, CZ
97 CZ, UK would prefer implementing acts
98 Suggestion by DK: The Commission shall provide for an comprehensive efficient tracing system for firearms. It shall be empowered to adopt delegated acts in accordance with
Article 13a therefor and concerning the with regard to detailed arrangements for the systematic exchange of necessary information by electronic means.
99 The newest adaptation takes into account the new Interinstitutional Agreement on better law-making of 13 April 2016, as pointed out by LU.
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5.A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
(12) Article 13b is inserted:
"Article 13b
-
1.The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i of the European Parliament and of the Council(*).
-
2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.
____________________________________________________________________
(*) Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)."
(13) Article 17 is replaced by the following:
"Article 17
The Commission shall submit every five years a report to the European Parliament and the Council on the application of this Directive, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing, the use of QR code and the use of Radio Frequency Identification (RFID). The first report shall be submitted two years after the entry into force of this Directive."
The Commission shall, by [date], assess the necessary elements of a system for the exchange of information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information. "
(14) (…) Annex I to Directive 91/477/EC i (…) is amended as follows:
(a) part II is replaced by the following:
"For the purpose of this Directive, the following categories of firearms are set out:
(i) point A and definition of firearms are deleted.
(ii) In Category A, the following points are added:
"6. Automatic firearms which have been converted into semi-automatic firearms.
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7.Any of the following centre fire semi-automatic firearms:
-
a)short firearms which allow the firing of more than 21 rounds without reloading, if
a loading device with a capacity exceeding 20 rounds is part of the firearm or is
inserted into it; and
-
b)long firearms which allow the firing of more than 11 rounds without reloading, if a loading device with a capacity exceeding 10 rounds is part of the firearm or is inserted into it.
-
8.Semi-automatic long firearms (i.e. firearms that are originally intended to be fired from the shoulder) that can be reduced to a length of less than 60cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools.
-
9.Loading devices, apt to be fitted to centre fire semi-automatic or to repeating firearms, with the following characteristics:
-
a)loading devices which can hold more than 20 rounds;
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b)loading devices for long firearms which can hold more than 10 rounds.
Category B — Firearms subject to authorization
-
1.(…) Repeating short firearms.
-
2.Single-shot short firearms with centre-fire percussion.
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3.Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm.
-
4.Semi-automatic long firearms whose loading device and chamber can together hold more than three rounds in the case of rimfire firearms and more than three but fewer than [twelve] rounds in the case of centrefire firearms.
4a. Semi-automatic short firearms other than those listed under point 7 a) of category A.
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5.Semi-automatic long firearms whose loading device and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose loading device and chamber can together hold more than three rounds listed under point 7 b) of category A.
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6.Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length.
-
7.Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms other than those listed under point 6, 7 or 8 of category A.
Category C — Firearms and weapons subject to declaration
-
1.Repeating long firearms other than those listed in category B, point 6.
-
2.Long firearms with single-shot rifled barrels.
-
3.Semi-automatic long firearms other than those listed in category A or B.
-
4.Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm.
-
5.Alarm and signal weapons. that fulfil the technical specifications of Article 10a(1).
Salute and acoustic weapons shall remain in the category set out in Annex 1, Part II, corresponding to the firearm from which they were converted.
-
6.Firearms from categories A, B and C (…) that have been deactivated in accordance with Regulation (EU) 2015/2403 on deactivation.
-
7.Single-shot long firearms with smooth-bore barrels placed on the market after the date by which Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with other provisions of this Directive than the ones in Article 4(4) and Article 4b.
(…) 100
(b) (…) point B 113 and the following text are deleted.
"The breach-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted."
-
(15) in Annex I to Directive 91/477/EC i part III is amended as follows:
(a) point (a) is deleted;
(b) point (b) is replaced by the following:
"are solely 114 designed for life-saving, animal slaughter or harpoon fishing or for
industrial or technical purposes provided that they can be properly used for the stated purpose only;"
(c) point (c) is replaced by the following: 115
"are regarded as antique weapons (…) where these have not been included in the previous categories and are subject to national laws."
(d) the second subparagraph is deleted;
100 Reservation on deletion of category D: FR, AT,
Article 2 101
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1.Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive [18 102 months after publication in the OJ]. They
shall forthwith communicate to the Commission the text of those provisions.
-
2.By way of derogation, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 36 months after publication in the OJ] as regards Article 4(4) and Article 4b of this Directive. They shall forthwith communicate to the Commission the text of those provisions.
-
3.When Member States adopt those provisions under paragraph 1 and 2, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
-
4.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
101 Reservation: FR
Several indicated the need of transitional provisions (CY, AT; NO, LT).