Activities of Thijs REUTEN related to 2022/0288(COD)
Shadow opinions (1)
OPINION 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 (32)
Amendment 49 #
(42) The overall enforcement of this Regulation will be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system will provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons. They will need to register before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system.
Amendment 51 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The electronic license system should not be used for purposes outside of the scope of this Regulation and cannot be interconnected with any other database which might contain personal data.
Amendment 55 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 650 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 980 working days.
Amendment 56 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
Amendment 63 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Competent authorities shall 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 authorities through the electronic licensing system referred to in Article 28, as soon as such decisions are taken.
Amendment 66 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Competent authorities may only grant export authorisations for firearms of categories A, B and BC 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.
Amendment 69 #
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 71 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) The competent authorities of a Member State shall, for a period not exceeding 10 working days, suspend the process of export or, if necessary, otherwise prevent firearms, their essential components or ammunition from leaving the customs territory of the Union through that Member State, where they have grounds for suspicion that the reasons substantiated by hunters or sport shooters are not in conformity with the relevant considerations and the obligations laid down in Article 18 of this Regulation. In exceptional circumstances and for duly justified reasons, the period referred to in this point may be extended by the competent authorities to 320 working days.
Amendment 76 #
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 without delay to the customs authorities through the electronic licensing system referred to in Article 28.
Amendment 78 #
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 without delay 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 79 #
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 without delay registered in the system referred to in Article 29.
Amendment 80 #
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 without delay notify the competent authorities of the other Member States, providing all relevant information to explain the decision.
Amendment 81 #
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The competent authorities shall check annually that the conditions of authorisation are met throughout the duration of the authorisation. Such checks mayshall be based on representative samples of all authorisations in force. Each export authorisation shall be individually verified at least every threewo years by the competent authorities. Member States shall report to the Coordination Group on the results of the checks and verifications. The reports shall be discussed in the Coordination Group established by Article 33.
Amendment 82 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Within twoone months after the exit of the customs territory of the Union, the exporter shall provide to competent authority that delivered the export authorisation, proof of the receipt of the dispatched shipment of firearms, essential components or ammunition in the third country of import, which shall notably be ensured by producing the relevant customs import documents.
Amendment 83 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In the absence of such a proof of receipt of the dispatched shipments as referred to in paragraph 1 of this Article within twoone months after the exit of the customs territory of the Union, or in case of suspicion, Member States’ competent authority shall immediately request from the customs authorities of export to confirm that the export declaration has been lodged and that firearms, their essential components and ammunition as listed in Annex I have exited the customs territory of the Union, and , request the importing third country to confirm receipt of the dispatched shipment of firearms, their essential components or ammunition.
Amendment 84 #
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, shall carry out regular post- shipment checks, not only in case of suspicion but also randomly, 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 87 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information. Any information containing personal data shall be handled in accordance with Regulation (EU) 2016/679 and equivalent laws and regulations, as well as in respect of the Charter of Fundamental Rights of the European Union.
Amendment 90 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Access to relevant databases and the electronic licensing system can only be granted to persons who have received proper training on adequate data protection, including Regulation (EU) 2016/679, the Charter of Fundamental Rights of the European Union and other relevant laws and regulations in relation to the processing of personal data.
Amendment 91 #
Proposal for a regulation
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
Amendment 95 #
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 immediately 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 10 working days, then the customs authority shall release the goods.
Amendment 101 #
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 information:
Amendment 105 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In accordance with their national law or practice in force, Member States shall keep, for not less than 20 years, all information relating to firearms and, their essential components and ammunition, which is necessary to trace and identify those firearms, their essential components and ammunition, and to prevent and detect trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including the unique marking referred to in Article 4 of Directive (EU) 2021/555 .
Amendment 108 #
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 Commission each year by 31 July, their national annual data for the preceding year on:
Amendment 111 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The Commission shall, in consultation with the Firearms Imports and Exports Coordination Group, submit an annual report to the European Parliament and the Council on the implementation of this Regulation. That annual report shall be public. It shall include information about the number of authorisations and refusals, 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 at Union and at Member States level. It shall also include information on the administration, in particular staffing, and the enforcement of controls, in particular the number and results of the post-shipment checks at Union and national level.
Amendment 113 #
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 117 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
The Commission shall without delay establish and maintain an electronic licensing system for import and export authorisations and decisions related to them pursuant to Articles 9 and 14 of this Regulation. Member States shall take all necessary measures to speed up the implementation of the electronic licensing system. All the functionalities of the licensing system shall be established by ... [five years after the adoption of this Regulation].
Amendment 118 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point d
Article 28 – paragraph 1 – subparagraph 2 – point d
Amendment 122 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission, in consultation with the Coordination Group established by Article 33, shall develop or chose a secure and encrypted system to supportguarantee direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations. The system shall be established by ... [two years after the adoption of this Regulation].
Amendment 127 #
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, notify them to the European Commission and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Penalties for infringements of this Regulation shall be linked to the annual worldwide turnover of the undertaking concerned.
Amendment 128 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Upon request of the Coordination Group or the European Parliament and in any event every 105 years, the Commission on the basis of the annual implementation reports shall review in detail 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 .
Amendment 129 #
Proposal for a regulation
Article 35 – paragraph 1 – point c a (new)
Article 35 – paragraph 1 – point c a (new)
(ca) (ca) establish a uniform end-user certificate
Amendment 130 #
Proposal for a regulation
Article 35 – paragraph 1 – point c b (new)
Article 35 – paragraph 1 – point c b (new)
(cb) (cb) establish the rules and format to be used by Member States for providing the Commission with anonymized statistical date as referred to Article 27