Activities of Sergio BERLATO related to 2022/0288(COD)
Shadow reports (1)
REPORT 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 (51)
Amendment 49 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) With a view to safeguarding the sector's competitiveness, due consideration must be paid to the costs incurred by the companies involved, especially SMEs, as a result of the implementation of this Regulation. Possible forms of support and compensation will have to be identified by means of cooperation between the EU, Member States and operators in the sector.
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1
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’).
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 73 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) d) collectors and bodies interested in the sporting, cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purposes of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb.) e) deactivated firearms;
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 79 #
Amendment 81 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 82 #
Proposal for a regulation
Article 5 – paragraph 1
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 weap and ammunitions as listed in Annex I, if they comply with the obligations set out in paragraph 2.
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 87 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
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;
Amendment 90 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
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, and ammunition and alarm and signal weaponsin English or, alternatively, in a language, which can be easily understood by that authority;
Amendment 94 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Firearms or their essential components shall be importedmay be placed on the single market provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In the absenceevent that firearms ofr the requiredir essential components are not marked ing according toance with paragraph 1 of this Article, the firearms or their essential components shall be placed under ano, they shall be placed under another customs procedure and the importer shall complete the marking, under the supervision of ther customs procedureauthorities.
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 3
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 manufacturemported firearms and firearms parts must bear the marking required by Article 8(1)(b) of the UN Protocol.
Amendment 104 #
Proposal for a regulation
Article 7
Article 7
Amendment 106 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 107 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 108 #
Proposal for a regulation
Article 8
Article 8
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 112 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 114 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weap and ammunitions 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.
Amendment 120 #
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 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.
Amendment 132 #
Proposal for a regulation
Article 12 – paragraph 4
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.
Amendment 136 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Competent authoritiesIn the absence of a specific import authorisation, or where the identity of the recipient of the shipment is not entirely clear, the competent authority 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 ofdeclaration compliant with Annex IV issued by the importer in the country of final destination. In the case of export to a private company that resells the goods on a local market, that company will be regarded as the end- user certificatefor the purposes of this Regulation.
Amendment 137 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 142 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States may decide that, if no objections to the transit are received within 20 working days from the date of the written application for approval of the transit submitted by the exporter, the consulted third country of transit shall be deemed to have no objection to the transit.
Amendment 143 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 147 #
Proposal for a regulation
Article 15 – paragraph 4
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.
Amendment 155 #
Proposal for a regulation
Article 16 – paragraph 3
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(1)(a) of the UN Protocol.
Amendment 156 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 172 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Firearms, their essential components, or 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.
Amendment 175 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms, and their essential components, ammunition and alarm and signal weapons listed in Annex I entering, leaving, or transiting through the customs territory of the Union.
Amendment 177 #
Proposal for a regulation
Article 22 – paragraph 6
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.
Amendment 180 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
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
Amendment 184 #
Proposal for a regulation
Article 23 – paragraph 3
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.
Amendment 192 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
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:
Amendment 194 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b
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.
Amendment 197 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
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.
Amendment 199 #
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.
Amendment 203 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
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 it is already available;
Amendment 209 #
(b) the information on firearms, essential components, and ammunition and alarm and signal weapons seizures listed in Article 25(3).
Amendment 213 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point a
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;
Amendment 215 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point d
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;
Amendment 217 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point f
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.
Amendment 222 #
Proposal for a regulation
Article 28 – paragraph 3
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.
Amendment 238 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b