BETA

48 Amendments of Pietro FIOCCHI related to 2022/0288(COD)

Amendment 48 #
Proposal for a regulation
Recital 49 a (new)
(49a) The Regulation has implications for the Union budget, in particular the total financial resources necessary to support the implementation of this proposal are estimated to be EUR 4.654 million for the period 2022-2027, of which EUR 2.904 million for administrative expenditure. The additional costs on EU economic operators imposed by this Regulation should be compensated in order to avoid loss of competitiveness at international level, taking into account the particular situation of SMEs.
2023/07/07
Committee: INTA
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for firearms, their essential components , ammunition and alarm and signal weapons , for the purpose of 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 (the ‘UN Firearms Protocol’).
2023/07/07
Committee: INTA
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
2. ‘identical weapons’ means weapons with identical technical characteristics with respect to manufacturer, brand or make, type, model, material, calibre and operation;deleted
2023/07/07
Committee: INTA
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
4. ‘semi-finished firearms’ mean firearms that are not ready for direct use and have the approximate shape or outline of the finished firearms, and which can only be used, other than in exceptional cases, for completion into the finished firearm;deleted
2023/07/07
Committee: INTA
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. ‘semi-finished essential components’ mean essential components that are not ready for direct use and have the approximate shape or outline of the finished essential component, and which can only be used, other than in exceptional cases, for completion into the finished essential component;deleted
2023/07/07
Committee: INTA
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;deleted
2023/07/07
Committee: INTA
Amendment 74 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
(ca) (d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
2023/07/07
Committee: INTA
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
(cb) (e) deactivated firearms;
2023/07/07
Committee: INTA
Amendment 77 #
Proposal for a regulation
Article 4
Derogations to Union customs procedures 1. Firearms, their essential components and ammunition listed in Annex I to this Regulation shall not: (a) be placed under a customs procedure based on a simplified declaration established under Article 166 of Regulation (EU) No 952/2013; (b) be subject to an entry in the declarant’s record pursuant to Article 182 of Regulation (EU) No 952/2013; (c) be subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013; (d) be declared with a customs declaration containing the specific dataset referred to in Article 143 (a) of Delegated Regulation (EU) 2015/2446; (e) be declared with a customs declaration containing the reduced dataset referred to in Article 144 of Delegated Regulation (EU) 2015/2446. 2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation. 3. For firearms, their essential components and ammunition an authorisation in accordance with Article 12 and 13 of this Regulation shall be required for an intra-EU and external transit procedure set out in Article 226 of Regulation (EU) No 952/2013.Article 4 deleted
2023/07/07
Committee: INTA
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 1
1. Economic operators established in the customs territory of the Union shall only import a firearm, their essential components, ammunition and alarm and signal weapons as listed in Annex I, if they comply with the obligations set out in paragraph 2.
2023/07/07
Committee: INTA
Amendment 85 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) verify that the imported firearms, their essential components, ammunition and alarm and signal weapon comply with (a) the rules on marking referred to in Article 4 of Directive (EU) 2021/555; (b) the rules on non-convertibility referred to in Article 14(3) of Directive (EU) 2021/555; (c) the rules on deactivation referred to in Article 15(3) of Directive (EU) 2021/555;deleted
2023/07/07
Committee: INTA
Amendment 88 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) keep all certificates according to paragraph 2 point (a) of this Article and relevant documentation according to Articles 9 and 10 of this Regulation at the disposal of the authorities referred to in Article 34(2) of this Regulation and ensuring that the technical documentation shall be made available to those authorities upon request;
2023/07/07
Committee: INTA
Amendment 89 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
(c) further to a reasoned request from an authority referred to in Article 34(2) provide that authority with all information and documentation necessary to demonstrate the conformity of the firearms, their essential components, ammunition and alarm and signal weaponsin English or, alternatively, in a language, which can be easily understood by that authority;
2023/07/07
Committee: INTA
Amendment 93 #
Proposal for a regulation
Article 6
1. Firearms or their essential components shall be imported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555. 2. In the absence of the required marking according to paragraph 1 of this Article, the firearms or their essential components shall be placed under another customs procedure. 3. In accordance with Article 8 of the United Nations Protocol, all firearms and their essential components shall be marked with a unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or with any alternative unique user-friendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification of the country of manufacture. 4. In the absence of a marking in accordance with paragraph 3, the re- export shall be prohibited and the firearms and their essential components shall be seized and destroyed.Article 6 deleted Marking at import
2023/07/07
Committee: INTA
Amendment 95 #
Proposal for a regulation
Article 6 – paragraph 1
1. Firearms or their essential components shall be importedimported may be placed on the single market provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.
2023/07/07
Committee: INTA
Amendment 99 #
Proposal for a regulation
Article 6 – paragraph 2
2. In the absenceevent that firearms ofr the required ir essential components lack a marking in according toance with paragraph 1 of this Article, the firearms or , they shall be placed under anotheir essential components shall be placed under another customs procedurecustoms procedure, and, under the supervision of customs authorities, the importer must complete the marking.
2023/07/07
Committee: INTA
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 3
3. In accordance with Article 8 of the United Nations Protocol, all firearms and their essential components shall be marked with a unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or with any alternative unique user-friendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification of the country of manufactureFirearms and their imported parts must bear the marking prescribed by Article 8, paragraph 1, letter (b) of the United Nations Protocol.
2023/07/07
Committee: INTA
Amendment 105 #
Proposal for a regulation
Article 7
1. Deactivated firearms shall be imported provided that they are accompanied by import authorisation referred to in Article 9 of this Regulation and the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555. 2. In the absence of the deactivation certificate, the deactivated firearm shall be placed under another customs procedure or declared as a firearm.Article 7 deleted Deactivated firearms
2023/07/07
Committee: INTA
Amendment 109 #
Proposal for a regulation
Article 8
1. Alarm and signal weapons shall be imported as alarm and signal weapons provided that it is indicated in the import authorisation referred to in Article 9 that they are non-convertible and declared as such by the authorities referred to in paragraph 3 of this Article. This import authorisation shall be issued without the conditions as referred to in Article 9(2). 2. Upon entry into the customs territory of the Union, alarm and signal weapons which do not comply with the technical specifications referred to in Article 14 of Directive (EU) 2021/555 shall be classified as firearms pursuant to Annex I to this Regulation. 3. Member States shall communicate on 1 January and 1 July of each year to the Commission a report on the alarm and signal weapons classified as non- convertible. Those reports shall be discussed within the Coordination Group referred to in Article 33 of this Regulation. 4. In case of diverging national practices, the Commission shall adopt implementing acts establishing a list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.Article 8 deleted Alarm and signal weapons
2023/07/07
Committee: INTA
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 1
1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued by electronic means, through the electronic licensing system referred to in Article 28.
2023/07/07
Committee: INTA
Amendment 117 #
Proposal for a regulation
Article 9 – paragraph 3
3. Only arms dealers and brokers shall be authorised to import semi- finished firearms and semi-finished essential components.ted
2023/07/07
Committee: INTA
Amendment 118 #
Proposal for a regulation
Article 9 – paragraph 4
4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 6015 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended to 930 working days.
2023/07/07
Committee: INTA
Amendment 133 #
Proposal for a regulation
Article 12 – paragraph 4
4. As soon as the shipment of firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I has been imported or has been exported from the customs territory of the Union, the customs office of import or of export shall inform the competent authority of dispatch or destination in the customs territory of the Union of the completion of the intra-EU transit procedure, via the electronic licensing system referred to in Article 28.
2023/07/07
Committee: INTA
Amendment 134 #
Proposal for a regulation
Article 13 – paragraph 3
3. In deciding whether to grant an import authorisation for external-transit under this Regulation, Member States shall take into account all relevant considerations including, where appropriate considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP.deleted
2023/07/07
Committee: INTA
Amendment 135 #
Proposal for a regulation
Article 14 – paragraph 2
2. Competent authorities may only grant export authorisations for firearms of categories A and B of Annex I if the application for such authorisation is accompanied by an end-user certificate delivered by the authorities of the country of final destination. Annex IV establishes the content of the end-user certificate.deleted
2023/07/07
Committee: INTA
Amendment 138 #
Proposal for a regulation
Article 14 – paragraph 3
3. The Commission shall adopt an implementing act to establish an uniform end-user certificate. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).deleted
2023/07/07
Committee: INTA
Amendment 141 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. Member States may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit
2023/07/07
Committee: INTA
Amendment 144 #
Proposal for a regulation
Article 15 – paragraph 3
3. With respect to deactivated firearms , the exporter shall supply the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555 to the competent authorities of the Member States responsible for issuing the export authorisation.deleted
2023/07/07
Committee: INTA
Amendment 146 #
Proposal for a regulation
Article 15 – paragraph 4
4. Member States shall process applications for export authorisations within a period of time , which shall not exceed 6015 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended by the competent authorities to 930 working days.
2023/07/07
Committee: INTA
Amendment 153 #
Proposal for a regulation
Article 16 – paragraph 3
3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.deleted
2023/07/07
Committee: INTA
Amendment 154 #
Proposal for a regulation
Article 16 – paragraph 3
3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/5558, paragraph 1, letter (a) of the United Nations Protocol.
2023/07/07
Committee: INTA
Amendment 157 #
Proposal for a regulation
Article 17 – paragraph 5
5. Notwithstanding Article 15, if no objections to the transit by third countries of transit are received within 20 working days from the day of the written request for no objection to the external transit submitted by the exporter, the consulted third country of external transit shall be regarded as having no objection to the transit.deleted
2023/07/07
Committee: INTA
Amendment 173 #
Proposal for a regulation
Article 22 – paragraph 1
1. Firearms, their essential components, and ammunition or alarm and signal weapons as listed in Annex I to this Regulation entering, leaving, or transiting through the customs territory of the Union shall be subject to the controls and measures laid down in this Chapter. The application of this Chapter shall not affect other provisions of this Regulation and other Union legislation governing the import or export of goods, in particular Articles 46, 47, 134 and 267 of Regulation (EU) No 952/2013. In accordance with Article 2(2) of Regulation (EU) No. 2019/1020, Articles 25 to 28 of that Regulation shall not apply to controls on firearms, their essential components and ammunition entering the Union market.
2023/07/07
Committee: INTA
Amendment 176 #
Proposal for a regulation
Article 22 – paragraph 5
5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms, their essential components, ammunition and alarm and signal weap and ammunitions listed in Annex I entering, leaving, or transiting through the customs territory of the Union.
2023/07/07
Committee: INTA
Amendment 178 #
Proposal for a regulation
Article 22 – paragraph 6
6. Without prejudice to paragraph 5 of this Article, customs authorities shall carry out controls on the customs declaration lodged in relation to the firearms, their essential components, ammunition and alarm and signal weap and ammunitions listed in Annex I to this Regulation entering, leaving or transiting through the customs territory of the Union. Such controls shall be based primarily on risk analysis, as established in Article 46(2) of Regulation (EU) No 952/2013.
2023/07/07
Committee: INTA
Amendment 181 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weap and ammunitions shall be exchanged and processed between customs authorities and the Commission in accordance with: Between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013; and
2023/07/07
Committee: INTA
Amendment 185 #
Proposal for a regulation
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weap and ammunitions 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.
2023/07/07
Committee: INTA
Amendment 193 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Where customs authorities discovers an illicit shipment of firearms, their components, and ammunition or alarm and signal weapons, they shall without delay inform the competent authority in the country of the customs authority thereof. That competent authority shall:
2023/07/07
Committee: INTA
Amendment 195 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b
(b) in case of intra-EU transit or external-transit, without delay inform the competent authority of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, and ammunition or alarm and signal weapons.
2023/07/07
Committee: INTA
Amendment 198 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, and ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, and ammunition or alarm and signal weapons is detained.
2023/07/07
Committee: INTA
Amendment 200 #
Proposal for a regulation
Article 25 – paragraph 2
2. In case of suspicion of trafficking of firearms, their essential components, and ammunition or alarm and signal weapons, the information related to firearms, their essential components and ammunition seized during customs controls shall be shared by the customs authority with the competent authorities referred to in Article 34(2) of this Regulation through Europol’s Secure Information Exchange Network Application.
2023/07/07
Committee: INTA
Amendment 204 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
(c) information about manufacture: including the reactivation of deactivated firearms, the conversion of alarm and signal weapons, hand-made firearms manufactured by additive manufacturing or any other information of interest, if already available;
2023/07/07
Committee: INTA
Amendment 210 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) the information on firearms, essential components, ammunition and alarm and signal weap and ammunitions seizures listed in Article 25(3).
2023/07/07
Committee: INTA
Amendment 214 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point a
(a) registration of economic operators and natural persons authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation before placing firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation under the customs procedure ‘import’ or ‘export’; inclusion of the Economic Operators Registration and Identification (EORI) number as assigned by the customs authority upon registration for customs purposes in accordance with Article 9 of Regulation (EU) No 952/2013, shall be included in their registration profile;
2023/07/07
Committee: INTA
Amendment 216 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point d
(d) allow the risk profiling by competent authorities, customs authorities and the Commission of economic operators, which are person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components or ammunition listed in Annex I to this Regulation and risk profiling of firearms, their essential components, ammunition and alarm and signal weap and ammunitions for the purpose of identifying high risk consignments according to the risk analysis in Article 25 of this Regulation;
2023/07/07
Committee: INTA
Amendment 218 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point f
(f) allow communication between competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation for the purposes of implementation of this Regulation.
2023/07/07
Committee: INTA
Amendment 223 #
Proposal for a regulation
Article 28 – paragraph 3
3. The Commission shall provide access to the electronic licensing system to customs authorities, competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to the extend depending on their respective obligations under this Regulation.
2023/07/07
Committee: INTA
Amendment 239 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) setting out the technical characteristics of semi-finished firearms and essential components, in accordance with Article 9(3) to this Regulation;deleted
2023/07/07
Committee: INTA