89 Amendments of Dita CHARANZOVÁ related to 2015/0269(COD)
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
Amendment 52 #
Proposal for a directive
Recital 5
Recital 5
Amendment 59 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 67 #
Proposal for a directive
Recital 9
Recital 9
Amendment 81 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a seriousparticular threats to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit. It is therefore appropriate to ensure adequate controls with regards to the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 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 breach 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 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 117 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 123 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The definition of the term "firearm" under Directive 91/477/EEC should continue to exclude objects which expel a shot, bullet or projectile by the action of a non-combustible propellant, for example through the operation of compressed air or another gas, including so-called airsoft devices and airgun devices, as well as objects which merely have the appearance of a firearm (replicas, imitations), provided in both cases that such objects cannot be converted to a firearm or do not contain an essential component which is capable of being used in a firearm. Member States should be able to regulate such objects under their national law.
Amendment 127 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Certain persons have a legitimate interest in accessing firearms classified in category A, provided that exemptions are granted on a strictly limited basis. These could include, inter alia, national defence, armourers, proof houses, manufacturers, forensic scientists and, in certain cases, those involved in film production, as well as individuals needing firearms for self- defence purposes.
Amendment 135 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Certain persons have a legitimate interest in accessing firearms classified in category A, provided that exemptions are granted on a strictly limited basis. These could include, inter alia, armourers, proof houses, certified experts, manufacturers, forensic scientists and, in certain cases, those involved in film production, as well as individuals needing firearms for self- defence purposes.
Amendment 136 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 138 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) It should be specified that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This will not prevent, where allowed by national law, private persons from preparing ammunition or from modifying non-essential components of firearms for personal use.
Amendment 139 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) The definition of the term "firearm" under Directive 91/477/EEC should continue to exclude objects which expel a shot, bullet or projectile by the action of a non-combustible propellant, for example through the operation of compressed air or another gas, including so-called airsoft and airgun devices, as well as objects which merely have the appearance of a firearm (replicas, imitations), provided in both cases that such objects cannot be converted to a firearm or do not contain an essential component which is capable of being used in a firearm. Member States should be able to regulate such objects under their national law.
Amendment 142 #
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Member States should lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A. Such requirements could include, where appropriate, measures ensuring real-time monitoring, as well as requirements to maintain essential components and ammunition in safe storage separate from the firearms in which they can be used.
Amendment 151 #
Proposal for a directive
Recital 4
Recital 4
(4) 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 holding in theirIn special cases for educational, cultural, research and historical purposes, it should be possible for Member States to choose to authorise persons to acquire and possession firearms and ammunition 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 S, 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 tatke concerned and provided that those firearms have been deactivatedinto account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(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 licenced or otherwise approved training centre;
Amendment 172 #
Proposal for a directive
Recital 5
Recital 5
Amendment 173 #
Proposal for a directive
Recital 5
Recital 5
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
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 seized. In cases where Member States consider it necessary for public security purposes, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition.
Amendment 183 #
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 186 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, dDeactivated firearms should not be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 190 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, this is done for a legitimate purpose. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, national defence training, various scientific, technical or testing activities and re-enactment of historical events, filmmaking or historical study and collection can constitute a legitimate purpose.
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 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, except with respect to dealers and brokers and shall, be subject to the strict control of the Member States.
Amendment 197 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, various scientific, technical or testing activities, or self-defence and re-enactment of historical events, filmmaking or historical study can constitute good cause.
Amendment 205 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivated firearms, they should be registered in national registriesfirearms and essential components and to facilitate their free movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably, without delay, at the time of their being manufactured or imported, unless the firearm has been deactivated in accordance with that Directive.
Amendment 217 #
Proposal for a directive
Recital 9
Recital 9
Amendment 231 #
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in There is a risk that any firearms converted to firing blanks, irritants, other absective substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain in the categories in which they were classified prior to their conversion.
Amendment 245 #
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 – point 7
Annex I – part II – point A – Category A – point 7
Amendment 253 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security asMarketing of firearms, parts and ammunition by means of the internet or other means of distance communication, for example by way of online auction catalogues or classified advertisements, and they arranging of a sale more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality other transaction by means of, for example, telephone or email should, where allowed under national law, be possible provided that the actual handing over takes place either between the parties directly on a face-to-face basis, or by way of collecting the firearm, essential component ofr authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersmmunition at the premises of a dealer, local police station or another reliable body, based on nationally established practices of Member States, which have been proven to be safe and secure. The verification of identity and appropriate licenses of the right to engage in such a transaction shall be done either on a face- to-face basis or through a secure and reliable system, such as electronic verification.
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point ii
Article 1 – paragraph 1 – point 13 – point a – point ii
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point iii
Article 1 – paragraph 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – Category C – point 5
Annex I – part II – point A – Category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replicas;
Amendment 287 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Objects, that have the physical appearance of a firearm ("replica"), but 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 combusted propellant, should not be covered by this Directive.
Amendment 291 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, tvarious existing mechanisms or single points of contact or new exchange mechanisms could be used, depending on the nature of the information to be exchanged. 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.
Amendment 304 #
Proposal for a directive
Article 1 – point 1 – point -a a (new)
Article 1 – point 1 – point -a a (new)
Directive 91/477/EEC
Article 1 – paragraph 1a
Article 1 – paragraph 1a
(-a) Article 1(1a) is deleted.
Amendment 309 #
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, chamber, body, frame, or receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other locking and cartridge-head supporting mechanism for containing the pressure of discharge at the rear of the chamber 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.
Amendment 316 #
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 330 #
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 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 or importing into a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 331 #
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 and 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 346 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, odesigned to only fire blanks, irritants, other active substances or pyrotechnic ammunition and which are not capable of being converted to expel a shot, bullet or projectile by ther active substances oron of a combustible pyrotechnic ammunitionpellant.
Amendment 360 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1– paragraph 1h
Article 1– paragraph 1h
Amendment 388 #
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, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 408 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 423 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked without delay with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 424 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked without delay with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 439 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or part placed on the market has been marked and registered in compliance with this Directive.
Amendment 447 #
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 and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported 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. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 466 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the receiver or the frame of the firearm.
Amendment 468 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the frame or receiver of the firearm.
Amendment 470 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the United Nations Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 476 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted to semi-automatic firearms, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 487 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the end of possession or transfer to another person unless such transfer concerns a firearm which has been registered as deactivated. The current records relating to each firearm and the person possessing it shall be accessible to all authorised authorities. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period.
Amendment 498 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 4
Article 4 – paragraph 4 – subparagraph 4
Each Member State shall ensure that the registries of the dealers and brokers established in their territory are connected to the computerised data-filing system of firearmport transactions involving firearms and essential components to the national competent authority within a period of time which shall not exceed 10 days.
Amendment 509 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 510 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 511 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 519 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 520 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 540 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1a (new)
Article 5 – paragraph 1a (new)
1a. Member States shall establish rules on appropriate storage of firearms, their essential components and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned.
Amendment 581 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), 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 or deactivate those firearms and ammunition held in violation of this provision and seized. A competent authority of a Member State may under strict conditions grant authorisation for such firearms and ammunition provided that there is a legitimate purpose and provided that such authorisation is not contrary to public security, public order or national defence.
Amendment 603 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 604 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 650 #
Proposal for a directive
Article 1 – point 6 a (new)Directive 91/477/EEC
Article 1 – point 6 a (new)Directive 91/477/EEC
Article 6 a (new)
(6a) The following Article is inserted: "Article 6a Except with respect to transfers between dealers and brokers, the selling and acquisition of firearms and their essential components and ammunition following a transaction 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 subject to strict control by the Member States and allowed only if it takes place under conditions whereby the identities and appropriate licences of the parties can be reliably and securely verified."
Amendment 675 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10
Article 10
(7a) Article 10 is replaced by the following: "The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition is intended. The acquisition and possession of ammunition shall be permitted only for persons who are allowed to possess a firearm of a respective category."
Amendment 690 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b
Article 10 b
1. Member States shall make arrangements forensure that 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 inoperableis carried out in accordance with the technical specifications set out in Annex III. This shall not apply to firearms deactivated prior to 8 April 2016, unless those firearms are transferred to another Member State or placed on the market. Deactivation of firearms shall be carried out by public or private entities, or by individuals, authorised to do so in accordance with national legislation. Member States shall, in the con designate a competexnt of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visiblauthority (the "verifying entity") to verify that the deactivation of the firearm concerned has been carried out in accordance with the technical specifications set out in Annex III. Where the deactivation of the firearm has been carried out in accordance with the technical specifications set out in Annex III, the verifying entity shall: (a) affix a common unique marking to that effect on the firearm. The Commission shall adoptall components modified for the deactivation of the firearm; and (b) issue a deactivation certificate to the owner of the firearm. Where the firearm is recorded in the computerised data-filing system referred to in Article 4(4), its deactivation shall be entered in the record relating to it. Member States may introduce additional measures for the deactivation standof fireardms and techniques to ensuin their territory going beyond the technical specifications set out in Annex III. 2. The Commission is empowered 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)o adopt delegated acts in accordance with Article 13a to update Annex III, taking into account, where necessary, any additional measures introduced by Member States in accordance with the sixth subparagraph of paragraph 1. 3. The Commission shall adopt implementing acts establishing templates for the common unique marking and the model certificate for deactivated firearms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2). 4. By 31 December 2016 the Commission, after consulting Member States and relevant stakeholders, shall identify which national deactivation standards and techniques applied by Member States before 8 April 2016 ensured that firearms were rendered permanently unfit for use and inoperable, and shall provide for recognition of certified deactivations performed in accordance with such deactivation standards and techniques.
Amendment 701 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 91/477/EEC
Article 10 b a (new)
Article 10 b a (new)
(8a) The following Article is inserted: "Article 10ba 1. Member States shall take measures to ensure that automatic firearms that have been converted into semi-automatic firearms cannot be reconverted into automatic firearms. 2. The Commission shall adopt delegated acts in accordance with Article 13a establishing technical specifications to ensure that semi-automatic firearms which have been converted from originally automatic firearms cannot be reconverted into automatic firearms."
Amendment 706 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 717 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsor refused for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 723 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. The delegation of power referred to in Article 13power to adopt delegated acts referred to in Article 10b(2) and (4), Article 10ba and Article 13(5) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Amending Directive].
Amendment 724 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 3
Article 13 a – paragraph 3
3. The delegation of power referred to in Article 130b(2) and (4), Article 10ba and Article 13(5) may be revoked at any time by the European Parliament or by the Council. A decision tof revocationke 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.
Amendment 725 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 3 a (new)
Article 13 a – paragraph 3 a (new)
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.
Amendment 727 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 5
Article 13 a – paragraph 5
5. A delegated act adopted pursuant toArticle 10b(2) and (4), Article 10ba and Article 13(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2two 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 2two months at the initiative of the European Parliament or of the Council.
Amendment 730 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit 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 first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive] and shall include an assessment of the impacts of 3D printing on this Directive.
Amendment 731 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, 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 first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive].
Amendment 749 #
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 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms and which can be reconverted into automatic firearms using conventional tools or simply by the modification or replacement of parts other than essential components, provided that the technical conversion procedure was not previously authorised by a relevant authority of a Member State and provided that the converted firearm in question was inspected and marked;
Amendment 763 #
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
Amendment 774 #
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
7. Semi-automatic firearms for civilian use which resemble weapons withwhich have been converted into automatic mechanisfirearms;
Amendment 783 #
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 8
Annex I – part II – point A – category A – point 8
8. FAny firearms under points 1 to 3 and 6 to 7 after having been deactivatedconverted to firing blanks, irritants, other active substances or pyrotechnical ammunition.
Amendment 791 #
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 804 #
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm previously classified under points 1 to 7 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition."
Amendment 814 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alny firearm aund signal weapons, salute and acoustic weapons as well as replicaser points 1 to 4 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition;
Amendment 820 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/447/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 822 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 828 #
Proposal for a directive
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Annex I – part II – point A – category D
Amendment 830 #
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 832 #
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – Part III – point a
Annex I – Part III – point a
(a) point (a) is deleted; replaced by the following: "(a) are deactivated firearms, provided that deactivation has been carried out: (i) in accordance with the technical specifications set out in Annex III; or (ii) before [the date of application of Amending Directive] in accordance with the technical specifications set out in Annex I to Implementing Regulation (EU) 2015/2403; or (iii) prior to 8 April 2016: – in accordance with any national deactivation standards and techniques applied by Member States and established by the Commission pursuant to Article 10b(4); or – in accordance with the national deactivation standards and techniques applied by Member States, provided that the deactivated firearm is not transferred to another Member State or placed on the market; or – in accordance with a cut-through- slot procedure, meaning that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible;"
Amendment 834 #
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
(a) point (a) is deleted; replaced by the following: "(a) have been rendered 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 modification in a way that would permit the firearm to be reactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1); or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2); or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible; or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Member State or placed on the market by a dealer or broker";
Amendment 836 #
Proposal for a directive
Article 1 – point 14 – point b
Article 1 – point 14 – point b
Directive 91/477/EEC
Annex I – part III – point b
Annex I – part III – point b
are designed for alarm, signalling, life- saving, animal slaughter or harpoon fishing or, for industrial or technical purposes provided that they can be used for the stated purpose only, or to only be capable of expelling a shot, bullet or projectile by the action of compressed air or other gas not generated by the action of a combusted propellant, or are designed as airsoft devices or airgun devices of any description from which only a small missile with limited energy can be discharged, provided that they can be used for the stated purpose only and are not capable of being converted in such a way as to render them capable of expelling a shot, bullet or projectile by the action of a combusted propellant;
Amendment 844 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [312 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.