32 Amendments of Roberta METSOLA related to 2015/0269(COD)
Amendment 37 #
Proposal for a directive
Recital 2
Recital 2
(2) As a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rulesThe amendments to Council Directive 91/477/EEC should not result from the fact of implying any form of connection between the recent terrorist attacks and the legal use and possession of weapons within the Union, not least by hunters, persons who engage in shooting sports, and collectors. The manufacture of, trade in, and the possession and use of weapons and ammunition are legitimate activities of major recreational, sporting, and economic interest and important for job and wealth creation within the Union. However, 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 reactivation and use by criminals.
Amendment 42 #
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 54 #
Proposal for a directive
Recital 5
Recital 5
Amendment 62 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, they should be registered in national registries, taking into account, however, the need to preserve weapons in their original form, especially if they bear no physical markings resulting from their characteristics or age.
Amendment 64 #
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 89 #
Proposal for a directive
Recital 14
Recital 14
(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. In addition to meeting the need to keep track of weapons held by private individuals or other bodies, in accordance with the law, such a system should enable weapons to be traced when they have been seized by, or handed over to, the authorities or forfeited to Member States, thus making it possible to ascertain what happens to weapons until such time as they are destroyed, further used, or again placed on the market.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, “deactivated firearms” shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to befrom being reactivated in any way. However, if weapons are of recognised rarity or historical value, that fact shall be taken into account for the purposes of deactivation, which may be carried out by removing one or more essential parts of a weapon so as to render it unusable. The parts removed may be handed over to appropriate official bodies for safekeeping, in order to prevent their destruction.
Amendment 111 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion of a firearm which classifies it for another category according to Annex I part II, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not prevent, where allowed by national law, individuals from preparing ammunition or from modifying non- essential components of firearms for personal use.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
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, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 130 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 146 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests forthe production of a medical certificate for the purposes of issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted isare no longer met.
Amendment 170 #
Proposal for a directive
Recital 5
Recital 5
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Except where expressly provided otherwise, Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seizedensure that such weapons are forfeited to the State or, where deemed appropriate, destroyed, if they are held unlawfully.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
(8a) In addition to the necessary registration system for weapons held by private individuals or other entities, in accordance with the law, each Member State shall keep a register ensuring that weapons seized by the authorities or forfeited to the State will be traceable from the moment when they are handed over or seized until such time as they are destroyed or put to use by the authorities or again placed on the market.
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A
Annex I – part II – point A – Category A
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Amendment 314 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 332 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents or representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 335 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, "collector" shall mean any natural or legal person, other than a dealer or broker, who is dedicated to the conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes, and who as such is licensed and registered in a public registry in the relevant Member State to acquire, keep or possess firearms, their essential components and ammunition. A collector shall not transport or publicly display firearms from his collection or from a part thereof without a permit from the relevant competent authorities of the Member States."
Amendment 390 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of paressential components of firearms;
Amendment 417 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 446 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time ofwithout delay after the manufacture or import of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 473 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
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 and the marking certifying that the ammunition have been verified in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 538 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate safe storage of firearms, essential components and ammunition, including when under transport. Member States shall lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A.
Amendment 637 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. subject to strict control by the Member States and shall take place under conditions allowing verification of the identity of the person making the acquisition and of his or her right to engage in such a transaction. (*) Regulation (EU) No 182/2011 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).
Amendment 643 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Amendment 765 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7