Activities of Robert Jarosław IWASZKIEWICZ related to 2015/0269(COD)
Plenary speeches (2)
Control of the acquisition and possession of weapons (debate) PL
Control of the acquisition and possession of weapons (debate) PL
Shadow reports (1)
REPORT on the 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 PDF (1 MB) DOC (825 KB)
Amendments (36)
Amendment 98 #
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 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 reactivation and use by criminals. Any amendments to the directive should seek to give citizens a sense of security and the possibility of effective self-defence.
Amendment 148 #
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 inMember States should have the possibility to issue authorisations and permits for the possession of firearms and ammunition classified in category A for bodies established in a Member State and undertaking research, conservation and storage of firearms, their poessession 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 deactivatedntial components and related items for historical, scientific, educational, technical or cultural purposes or operating in the context of preserving cultural and historical heritage, where those bodies are included in national registers and ensure suitably secure collection storage conditions which are appropriate to the purpose and potential risks. These rules should also apply to bodies concerned with the decoration of weapons.
Amendment 174 #
Proposal for a directive
Recital 5
Recital 5
Amendment 216 #
Proposal for a directive
Recital 9
Recital 9
Amendment 245 #
Proposal for a directive
Recital 11
Recital 11
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them should be kept for an indeterminate period of time until destruction or deactivation is certified.
Amendment 282 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, theThere is a 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 therefore be adopted in order to ensure that they cannot be converted into firearms.
Amendment 301 #
Proposal for a directive
Recital 18
Recital 18
(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 set out in recital 2.
Amendment 308 #
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 329 #
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 anoof firearms, their Member State or exporting to a third country fully assembled firearms, their paressential components and ammunition.
Amendment 345 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – point 1f
Article 1 – point 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 weapons which are incapable, by design, of firing a bullet or projectile but which can produce aconustructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances oric effects or can fire irritant, tear-inducing or other active substances and can be fitted with devices to fire pyrotechnic ammunitionrounds.
Amendment 356 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1– paragraph 1g
Article 1– paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre perfullets or projectiles or mances, photographic sessions, movies and television recordingterials producing visual or acoustic signals.
Amendment 364 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Amendment 370 #
Proposal for a directive
Article 1 – point 1 – point c
Article 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 and irreversibly unfit for use by deactivation, ensuring that all essential partsng them ofr the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any wayir essential components."
Amendment 414 #
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 forces, the police, thenational armed units and forces and public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 418 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 91/477/EEC
Article 3
Article 3
2a. Article 3 is replaced by the following: "Member States may adopt in their legislation provisions which are more stringent than those provided for in this Directive, subject to the rights conferred on residents of the Member States by Article 12 (2). However, those provisions may not prevent citizens from using firearms as an effective means of defence or from gaining access to firearms, provided that they satisfy the conditions set out in Article 5." Or. pl (http://eur-lex.europa.eu/legal- content/PL/TXT/PDF/?uri=CELEX:31991L0477&qid=1461779614884&from=EN)
Amendment 438 #
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 make every effort to ensure that any firearm or part placed on the market has been marked and registered in compliance with this Directive.
Amendment 457 #
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
Amendment 516 #
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
1. Without prejudice to Article 3, Member States shall authorise the acquisition and possession of firearms onlyshall bye persons who have good cause and whomitted in cases where the following requirements are met:
Amendment 521 #
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
a) are at least 218 years of age, except in relation to the possession of firearms for hunting and target shooting, provided that in that casewhich may be held by persons of less than 18 years of age, provided that in that case they 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 licencsed or otherwise approved training centre; firearms licences may also be issued, at the request of schools, defence organisations or re-enactment groups, to persons who are at least 18 years of age and meet the conditions set out in Article 5(1)(b).
Amendment 531 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
b) are not likely to be a danger to themselves or to others, to public order or to public safety;, havinge not been convicted of a violentn intentional crime shall be considered as indicative of such danger.and meet the relevant medical requirements;
Amendment 556 #
Proposal for a directive
Article 1 – point 6
Article 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 for issuing or renewing authorisations as referred to in paragraph 1for the acquisition and possession of firearms and shall withdraw authorisations if any of the conditions on the basis of which it was granted is no longer met. Following the initial test, fresh tests shall, without fail, be carried out at intervals of no more than 10 years.
Amendment 592 #
Proposal for a directive
Article 1 – point 6
Article 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 provison and seized. In specific, well- documented cases, the competent authorities of the Member States may grant strictly defined authorisations for persons of unblemished character to possess such firearms.
Amendment 652 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 91/477/EEC
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
6a. In Article 7, the first subparagraph of paragraph 1 is replaced by the following: "No one may acquire a firearm classified in category B within the territory of a Member State unless that Member State has so authorized him." content/PL/TXT/PDF/?uri=CELEX:31991L0477&qid=1461779614884&from=EN) The granting of that authorisation shall be dependent solely on fulfilment of the conditions set out in Article 5." Or. pl (http://eur-lex.europa.eu/legal-
Amendment 661 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7– paragraph 4 – subparagraph 2 (new)
Article 7– paragraph 4 – subparagraph 2 (new)
Amendment 686 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Member States shall take measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms.
Amendment 688 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
The Commission shall adopt technical specifications for alarm and signal weapons as well as for salute and acoustic weapons to ensure they cannot be converted into firearms.
Amendment 733 #
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 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 printingand the issue of weapons smuggling from third countries. The first report shall be submitted two years after the entry into force of this Directive."
Amendment 744 #
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
Amendment 753 #
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 can be converted back into automatic firearms without the need for specialist tools and skills;
Amendment 759 #
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 776 #
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
Amendment 797 #
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 817 #
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. Alarm and signal weapons, salute and acoustic weapons as well as replicas;
Amendment 819 #
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 831 #
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 837 #
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 and signalling purposes, life-saving, animal slaughter or harpoon fishing or for recreational (airsoft guns), industrial or technical purposes provided that they can be used for the stated purpose only;"