Activities of Markéta GREGOROVÁ related to 2022/0288(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on import, export and transit measures for firearms, their essential components and ammunition, implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (recast)
Amendments (33)
Amendment 37 #
Proposal for a regulation
Recital 17
Recital 17
(17) When firearms and their essential components are not properly marked according to Article 8 of the UN Firearms Protocol or pursuant to the Firearms Directive, Member States mayshould decide to destroy seized firearms at the expense of the importer.
Amendment 42 #
Proposal for a regulation
Recital 35
Recital 35
(35) To enable the risk-based approach referred to in Article 22(6) for the firearms, their essential components, ammunition, and alarm and signal weapons listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall have an obligation to cooperate closely and exchange information.
Amendment 43 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate the tracing of firearms and efficiently combat trafficking in firearms, their essential components and ammunition, it is necessary to improve the exchange of information between Member States, in particular through the better use of existing communication channels as well as through the strengthening of the Coordination Group.
Amendment 91 #
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) when having reason to believe that a firearm, their essential components, ammunition and alarm and signal weapons in question may not comply with the Union firearms legislation, immediately inform the authorities referred to in Article 34(2) of this Regulation thereof;
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) be registered in national databases kept by respective national authorities.
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Competent authorities shall immediately annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall make this information available to the customs authoritiesimmediately notify the customs authorities, as well as the Commission, through the electronic licensing system referred to in Article 28. All national customs authorites shall enforce such decisions.
Amendment 130 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. The Commission shall adopt an implementing delegated act to establish an Union general import authorisation and setting out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2)6.
Amendment 140 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission shall adopt an implementing delegated act to establish an uniform end- user certificate. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2)6.
Amendment 151 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall adopt an implementing delegated act to establish an Union general export authorisation and setting out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 376.
Amendment 158 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including, where appropriate:
Amendment 159 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation, Member States shall take into accountconsider the application by the exporter of proportionate and adequatenecessary means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.
Amendment 161 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available to the customs authoritiesimmediately notify the customs authorities as well as the Commission through the electronic licensing system referred to in Article 28.
Amendment 163 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the competent authorities have suspended an export authorisation, their final assessment shall be immediately communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28.
Amendment 165 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be immediately registered in the system referred to in Article 29.
Amendment 166 #
Proposal for a regulation
Article 19 – paragraph 6 – subparagraph 1
Article 19 – paragraph 6 – subparagraph 1
Amendment 167 #
Proposal for a regulation
Article 19 – paragraph 6 – subparagraph 2
Article 19 – paragraph 6 – subparagraph 2
They may first consult the competent authorities of the Member State or Member States which issued refusals, annulments, suspensions, modifications or revocations under paragraphs 1 , 3 and 5 . If, following such consultation, the competent authorities of the Member State decide to grant an authorisation, they shall notify the competent authorities of the other Member States, as well as the Commission, providing all relevant information and justifications to explain the decision.
Amendment 170 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission and competent authorities granting the export authorisation, in case of suspicion and on a regular basis, shall carry out post- shipment checks to ensure that the exported firearms, their essential components and ammunition are in line with the commitments made in the end- user certificate as set out in Annex IV.
Amendment 171 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. For the purposes of the previous paragraph, post-shipment checks may be carried by any third party expressly mandatauthorised for that purpose by the Commission or by the Member States concerned.
Amendment 174 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The custom authorities shall have the necessary powers and resources proportiante to the quantity of total annual authorisations and declarations for firearms, their essential components, ammunition or alarm and signal weapons as listed in Annex I for the proper performance of their tasks under this Regulation.
Amendment 182 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities as well as to the Commission .
Amendment 187 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 2
Article 24 – paragraph 4 – subparagraph 2
In exceptional circumstances andor for duly substantiated reasons, that period may be extended to 340 working days.
Amendment 189 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 3
Article 24 – paragraph 4 – subparagraph 3
Customs authorities mayshall suspend the import of the goods for the customs procedure concerned, if they have certain doubts and in such a case, they shall inform through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 120 working days, then the customs authority shall release the goods.
Amendment 202 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. Seizure data shall include, if available, the following all the available information, including:
Amendment 206 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall confidentially submit via email to the Commissionsubmit to the Commission via suitable confidential means, including via the secure and encrypted system to be provided according to Article 29, each year by 31 July, their national annual data for the preceding year on:
Amendment 208 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the number of authorisations and refusals and the reasons thereof, the quantities and values of actual imports and exports of firearms, their essential components and ammunition, by category and sub-category as listed in Annex I, by origin and by destination, the quantity and results of post-shipment checks at Member State level, the quantity and results of undertaken enforcement actions referred to in Article 32 at Member State level;
Amendment 212 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission shall adopt implementingdelegated acts establishing the rules and format to be used by Member States for providing the Commission with anonymised statistical data as referred to in paragraph 1 and 2 of this Article. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 376.
Amendment 221 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, by means of implementingdelegated acts, establish rules for the functioning of the electronic licensing system, including rules relating to processing of personal data and exchange of data with other IT systems. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 376.
Amendment 225 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The electronic licencing system shall become operational within 1 year from the entry into force of this Regulation;
Amendment 226 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall, by means of implementingdelegated acts, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2)6 of this Regulation.
Amendment 228 #
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. In order to ensure that this Regulation is properly applied, Member States shall take necessary and proportionate measures and provide the necessary resources to enable their competent authorities to:
Amendment 230 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasivedissuasive and proportionate to the global annual revenue of the concerned entity.
Amendment 234 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2 a (new)
Article 34 – paragraph 2 – subparagraph 2 a (new)
The Commission shall, submit a public annual report on the implementation and enforcement of this Regulation. It shall include information on the quantity of authorisations and refusals, the quantities and values of imports and exports of firearms, their essential components and ammunition, by category and sub- category as listed in Annex I, by origin and by destination at Member States level. It shall also include information on the quantity of undertaken national enforcement actions referred to in Article 32, the quantitiy and results of post- shipment checks and the allocated resources and staffing levels of national competent authorities tasked with the implementation and enforcement of this Regulation.The report shall also inform about penalties applied by the Member States and assess their effectiveness.
Amendment 235 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Upon request of the Coordination Group and in any event every 105 years, the Commission shall review the implementation of this Regulation and present a report to the European Parliament and the Council on its application, which may include proposals for its amendment. Member States shall provide the Commission with all appropriate information for the preparation of the report . The Commission shall publish a first interim application report by 5 years after the entry into force of this Regulation .