34 Amendments of Frédérique RIES related to 2015/0269(COD)
Amendment 156 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and, provided that those firearms have been deactivatedey have an appropriate safety mechanism.
Amendment 165 #
Proposal for a directive
Recital 5
Recital 5
Amendment 183 #
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, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order toCommission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensureing that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have bedeactivated firearms are ren deactivated. Where those rules are not respected, Member Statesred irreversibly inoperable should be take appropriate measures including the destruction of those firearmsn into account. _______________ 1a OJ L 333, 19.12.2015, p. 62.
Amendment 211 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of, the deactivatedion of firearms, they should be registered in national registries.
Amendment 222 #
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 use. Harmonisation of European technical specifications and standards is desirable. That harmonisation should involve machining the essential components of semi- automatic weapons to prevent the use of spare parts which could restore the weapon’s automatic nature. 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. The capacity of magazines authorised for sale to private individuals should therefore be limited and criteria for the storage of these weapons and their ammunition should be laid down.
Amendment 240 #
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easilybeing erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced.
Amendment 241 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Member States should lay down safety criteria for the storage and transport of firearms; those criteria should be adapted to the number of weapons held and their level of danger.
Amendment 267 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 293 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States and the traceability of firearms, the Commission should assess the necessary elements of a system to support such exchange ofprovide for compulsory access by all Member States to information contained in the computerised data-filing systems in place in Member States. The Commission's assessment mayshould be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 299 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States onf authorisations granted and on refusalsll information on the weapons referred to in this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a systematic and compulsory system of exchange of information on authorisations granted and on refusalbetween the Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 326 #
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
For the purposes of this Directive, “essential component” shall mean the barrel, frame, receiver, loading device, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing 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 338 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is added: ‘1ea. The Member States which create or have created a special status for collectors shall specify the provisions of this Directive that are applicable to them.’
Amendment 358 #
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 369 #
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 parts of the firearm have been rendered permanently inoperable and incapampossible tof removale, replacement or a modificationy that would permit the firearm to be reactivated in any way, in accordance with Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable1a. _______________ 1a JO L 333, 19.12.2015, p. 62.
Amendment 433 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or part placessential component as defined oin the marketArticle 1(1b) has been marked and registered in compliance with this Directive.
Amendment 462 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed principally to the receiver of the firearm but also to the other essential components of the firearm as defined in Article 1(1b).
Amendment 489 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This filing system shall recinclude the following information ford each firearm’s: the type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities. Member States shall, by [date] at the latest, provide the competent authorities of all other Member States with direct access to the information held in their national registers. To that end, they shall designate the authority responsible for granting such access and communicate its name to the Commission.
Amendment 504 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1
Article 4b – paragraph 1
1. Member States shall establish a system for the regulation of the activities of brokers and dealers. Such a system mayshall include one or more of the following measures:
Amendment 530 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicativevidence of such danger.
Amendment 532 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) undertake to keep their weapons in accordance with the storage and transport criteria laid down by the laws of their Member State of residence and as referred to in Article 5(1a).
Amendment 545 #
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. In order to minimise the risk of theft of privately owned firearms classified in category B, Member States shall provide for safety criteria relating to the storage, possession, and transport of firearms and ammunition. The criteria shall be appropriate to the level of danger of the firearm and the number of weapons held. Before issuing an authorisation for possession of a firearm, Member States may require private individuals to furnish proof that they possess the security installation necessary for storage of firearms in accordance with the requirements of their legislation.
Amendment 614 #
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 before [the date of entry into force of this Directive], provided that they have been deactivated in accordance with the provisions that implement Article 10(b)suitable safety facilities.
Amendment 634 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. It shall be strictly prohibited to sell weapons, essential components thereof, or ammunition to individuals by mail or online.
Amendment 653 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 91/477/EEC
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
6a) In Article 7, the following subparagraph is added to paragraph 3: 'The data on category B firearms, as well as any decision to authorise or refuse the acquisition or possession of such firearms, should be recorded on the computerised data-filing systems maintained by the Member States and should be directly accessible to the competent authorities of all Member States.'
Amendment 673 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 8 a (new)
Article 8 a (new)
7a. The following Article is inserted: 'Article 8a The data on category C firearms shall be recorded in the computerised data-filing systems maintained by the Member States and shall be directly accessible to the competent authorities of all Member States.'
Amendment 684 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Member States shall take all necessary measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms. The Member States shall also ensure that these arms have been marked in line with Article 4(1) of this directive and that they are recorded on the computerised data- filing systems maintained by the Member States.
Amendment 691 #
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
Having regard to Commission Regulation 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable1a, 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 this verification, provide for the issuance of a certificate orand record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm. Member States shall designate the competent authority to carry out the deactivation of firearms and transmit them to the Commission by ... [date] at the latest. 1a OJ L 333, 19.12.2015, p. 62.
Amendment 697 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 2
Article 10 b – paragraph 2
Amendment 713 #
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. The competent authorities of the Member States shall exchange all the information in their possession on the authorisations granted and refusals to grant authorisations for the transfers of firearms to another Member State as well as, information with regard to authorisations and refusals to grant authorisations as defined in Article 7, as well as the declarations within the meaning of Article 8.
Amendment 738 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange ofallowing each Member State to access information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 766 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/CEE
Annexe I – part II – point A – category A – point 7
Annexe I – part II – point A – category A – point 7
Amendment 775 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/CEE
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 788 #
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 815 #
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
5. Alarm and signal weapons, salute and acoustic weapons as well as replicas;