Activities of Jiří MAŠTÁLKA related to 2015/0269(COD)
Plenary speeches (1)
Control of the acquisition and possession of weapons (debate) CS
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 (39)
Amendment 87 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 116 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 129 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 133 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers or other authorised persons should be permitted to engage in those activities
Amendment 141 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) Member States should lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A. Such requirements could include, where appropriate, measures ensuring real-time monitoring, as well as requirements to maintain essential components and ammunition in safe storage separate from the firearms in which they can be used.
Amendment 143 #
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Certain persons have a legitimate interest in accessing firearms classified in category A. These could include, inter alia, armourers, proof houses, manufacturers, forensic scientists and, in certain cases, those involved in film production, as well as individuals needing firearms for self-defence purposes.
Amendment 169 #
Proposal for a directive
Recital 5
Recital 5
Amendment 184 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, dDeactivated firearms should not be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 191 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, action sport shooting, various scientific, technical or testing activities, or self-defence and re- enactment of historical events, filmmaking or historical study can constitute a good cause.
Amendment 203 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivated firearms, they should be registered in national registries. firearms and essential components and to facilitate their free movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably, where possible, at the time of their being manufactured, or imported, unless the firearm has been deactivated in accordance with that Directive. This requirement does not apply to firearms manufactured before entry of this Directive into force.
Amendment 225 #
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useThere is a risk that any firearms converted to firing blanks, irritants, other active substances or pyrotechnic ammunition can be converted back in such a way as to make them capable of firing live ammunition.
Amendment 311 #
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, framechamber, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other locking and cartridge-head supporting mechanism for containing the pressure of discharge at the rear of the chamber of 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 351 #
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
Amendment 363 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 373 #
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 unfit for use by deactivation, ensuring that all essential parcomponents of 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 way.
Amendment 386 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parf essential components of firearms;
Amendment 409 #
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 forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 421 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 97/477EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placessential component, whether manufactured oin the market has been marked and registered in compliance withUnion or imported into the Union, has been marked irremovably, where possible, and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive. This requirement shall not apply to firearms manufactured before the entry into force of this Directive.
Amendment 444 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark. This requirement shall not apply to firearms manufactured before the entry into force of this Amending Directive.
Amendment 472 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the UN Convention for the Reciprocal Recognition of Proof Marks on Small arms of 1 July 1969.
Amendment 477 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted to semi-automatic firearms, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 508 #
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
Amendment 542 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate storage of firearms, their essential components and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned.
Amendment 588 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Dircetive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), 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 provision and seized. In special cases the competent authorities may grant authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 607 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to pubic security or public order and that firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 677 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10
Article 10
(7a) Article 10 is replaced by the following: "The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition is intended. The acquisition and possession of ammunition shall be permitted only for persons who are allowed to possess a firearm of a respective category."
Amendment 692 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 1
Article 10 b – paragraph 1
Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of thisat verification, provide for the issuance of a deactivation certificate or record attesting to the deactivation of the firearm orand the apposition of a clearly visible mark to that effect on the firearm. Where the firearm is recorded in the computerised data-filing system referred to in Article 4(4), its deactivation shall be entered in the record relating to it.
Amendment 709 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7by electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on transfers of firearms to another Member State. The Member State shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 718 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsor refusals for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by....[insert date].
Amendment 726 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 5
Article 13 a – paragraph 5
5. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, beThe Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted or refused fore the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Counciltransfer of firearms to another Member State. Those delegated acts shall be adopted by ... [insert date].
Amendment 746 #
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 761 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Amendment 779 #
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 795 #
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 808 #
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
Amendment 809 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 41/977/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
Amendment 823 #
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 826 #
Proposal for a directive
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Annex I – part II – point A – category D
Amendment 835 #
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
(a) point (a) is deleted; replaced by the following: "(a) have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification in a way that would permit the firearm to be re-deactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1), or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2), or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4 mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible, or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Members State or placed on the market by a dealer or broker."