Activities of Robert STURDY related to 2010/0147(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council implementing Article 10 of the United Nations’ Firearms Protocol and establishing export authorisation, import and transit measures for firearms, their parts and components and ammunition PDF (304 KB) DOC (419 KB)
Amendments (29)
Amendment 23 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules governing export authorisation, and import and transit measures for firearms, their parts and essential componenparts and ammunition, 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 (hereinafter referred to as" "the UN Firearms Protocol"). (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 24 #
Proposal for a regulation
Article 2 – point 1 – introductory part
Article 2 – point 1 – introductory part
1. ‘firearm’ means any portable barrelled weapon that expels, is designed to expel or may be converted to expel a shot, bullet or projectile by the action of a combustible propellant.
Amendment 25 #
Proposal for a regulation
Article 2 – point 1 – subparagraph 2
Article 2 – point 1 – subparagraph 2
An object is considered as capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant if:
Amendment 26 #
Proposal for a regulation
Article 2 – point 1 – subparagraph 2 – indent 2
Article 2 – point 1 – subparagraph 2 – indent 2
– as a result of its construction or the material from which it is made, it can be so converted, using readily available tools;
Amendment 27 #
Proposal for a regulation
Article 2 – point 2 – introductory part
Article 2 – point 2 – introductory part
2. ‘parts and essential componenparts’ means any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm.;
Amendment 28 #
Proposal for a regulation
Article 2 – point 2 – subparagraph 2
Article 2 – point 2 – subparagraph 2
Amendment 29 #
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. ‘ammunition’ means the complete round or the components thereof, includ, as used in a firearm, comprising cartridge cases, primers, propellant powder, bullets or projectiles that are used in a firearm, provided that those components are themselves subject to authorisation in the relevant Member Stateand projectiles;
Amendment 30 #
Proposal for a regulation
Article 2 – point 13
Article 2 – point 13
13. ‘multiple export authorisation’ means an authorisation granted at his request to one specific exporter for multiple shipments to the samone or more end users or consignee in as and/or in one or more specific third countryies and covering one or more firearms, their parts and componenessential parts and ammunition;
Amendment 31 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 – point ii
Article 2 – paragraph 1 – point 14 – point ii
(ii) the firearms are not marked in accordance with Article 4(1) and 4(2) of Directive 91/477/EEC, or
Amendment 35 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Regulation is without prejudice to the body of customs rules contained in Council Regulation (EEC) No 2913/92 (Community Customs Code) and Commission Regulation (EEC) No 2454/93 (implementing provisions of the Community Customs Code), in Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the ‘Modernised Customs Code’ and to the regime for the control of exports, transfer, brokering and transit of dual-use items established by Council Regulation (EC) No 428/2009 (Dual Use RegulatDirective 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons that addresses transfers of firearms for civilian use within the territory of the Union).
Amendment 37 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
An export authorisation or a multiple export authorisation shall be required for the export of firearms, their parts and essential components and ammunition listed in Annex I. Such authorisation, subject to Articles 3, 5, 7, 8 and 9, shall be granted by the competent authorities of the Member State where the exporter is established or is resident.
Amendment 41 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the importing third country has issued the relevant import licence or import authorisation and,
Amendment 42 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the importing third country has issued the relevant import authorisation if national legislation in force so provides and,
Amendment 46 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If no objections to the transit are received within twenty workingcalendar days from the day of the written request for no objection to the transitnotification submitted by the exporter, the consulted third country of transit shall be regarded as having no objection and as having given its tacit consent to the transit
Amendment 50 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Member States shall process requests for exports authorization or multiple export authorization within a period of time to be determined by national law or practice, which in all cases shall not exceed ninety working dayssixty calendar days, provided that all required information relating to the licence application has already been submitted to the licensing authority by the exporter at the time of the application.
Amendment 53 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The period of validity of an export or a multiple export authorisation shall be decided by the Member States, but shall not be less than twelve months, whilst the period of validity of a multiple export authorisation shall not be less than twelventy-four months.
Amendment 54 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. For the purpose of tracing, the export authorization or multiple export authorisation, and the import licence or import authorisation and accompanying documentation shall together contain information that includes:
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) a description and, where necessary, the quantity of the firearms, their parts and components and ammunition, including the marking applied to the firearms.
Amendment 57 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1, if contained in the import licence or import authorisation, shall be provided by the exporter in advance to the third countries of transit, at the latest prior to the shipment.
Amendment 58 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
5a. An export authorisation shall not be required for the temporary export of firearms, their essential parts and ammunition for verifiable lawful purposes such as trade fairs, exhibitions, repairs or evaluations, provided that the exporter provides proof of legal ownership of the firearms and is exporting them under the outward processing procedure or Customs’ temporary export procedure.
Amendment 59 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The simplified procedures set out in paragraphs 2, 3 and 4 shall apply for the temporary export of firearms, their essential parts and ammunition for verifiable lawful purposes, which include hunting, sport shooting, evaluation, exhibitions and repair.
Amendment 62 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When leaving or returning to the customs territory of the Union through a point of crossing of the external border of the Member State of their residence, for the temporary export of one or more firearms, their essential parts and ammunition, during a journey to a third country, hunters and sport shooters may produce the European firearms pass pursuant to Articles 1 and 12 of Directive 91/477/EEC, a national firearms licence, a national hunting permit, or other valid national document issued by the competent authority of the Member State of their residence.
Amendment 64 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 68 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 72 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) refuse to grant an export or a multiple export authorisation if the natural or legal person applying for such authorisation has any previous criminal records in the relevant Member State concerning illicit trafficking in firearms, their parts and essential components or ammunition, or to other serious crimewhere Member States have decided to prohibit the acquisition or possession of firearms by these persons;
Amendment 73 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) have the powers to annul, suspend, modify or revoke an export or a multiple export authorisation if the conditions for granting it are no longer met.
Amendment 79 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Every fiveten 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.
Amendment 81 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
This Regulation shall enter into force on the hundred and twentieth dayfirst day of the thirty-seventh month following thate day of its publication in the Official Journal of the European Union.
Amendment 83 #
Proposal for a regulation
Annex
Annex
ANNEX1 List of firearms, their parts and essential components and ammunition as referred to in Article 2(1) and 4(1): Combined Nomenclature Code and Description 1 Based on the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff. Code CN Description A: Firearms 9302 00 00 Revolvers and pistols, other than those of heading 9303 or 9304 9303 Other firearms including sporting shotguns and rifles. 9303 20 00 Other sporting, hunting or target-shooting shotguns, including combination shotgun-rifles: 9303 20 10 – Single-barrelled, smooth bore 9303 20 95 - Other 9303 30 00 Other sporting, hunting or target-shooting rifles. 9303 90 00 Other. 9304 00 00 Other arms (for example, spring, air or gas guns and pistols). B: Parts and essential components 9305 Parts and accessories of articles of headings 9302 to 9304: 9305 10 00 – Of revolvers or pistols – Of shotguns or rifles of heading 9303: 9305 21 00 – – Shotgun barrels 9305 29 00 – – Other 9305 99 00 – Other C: Ammunition 9306 Cartridges and other ammunition and projecC: Ammunition as defined in Articles and parts thereof, including shots – Shotgun cartridges and parts thereof: 9306 21 00 – – Cartridges 9306 29 – – Other 9306 29 40 – – – Cases 9306 29 70 – – – Other 9306 30 – Other cartridges and parts thereof: 2(3), classified under 9306 21 00 – – Shotgun cartridges 9306 30 10 – – For revolvers and pistols of heading 9302 – – – Other 9306 30 91 − − − − Centrefire cartridges 9306 30 93 − − − − Rimfire cartridges 9306 30 97 – – – – Other 9306 90 – Other: 9306 90 90 – – Other