BETA

29 Amendments of Brice HORTEFEUX related to 2015/0269(COD)

Amendment 39 #
Proposal for a directive
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement to promote harmonious application by the Member States.
2016/04/06
Committee: LIBE
Amendment 44 #
Proposal for a directive
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 deactivated in accordance with Implementing Regulation (EU) 2015/2403 or that they are exempt from requirement to be deactivated for reasons connected with the conservation of cultural and historical heritage, provided that obligations relating to safekeeping are met.
2016/04/06
Committee: LIBE
Amendment 57 #
Proposal for a directive
Recital 6 a (new)
(6a) This directive concerns the legal use of firearms and the security-related conditions for their acquisition, possession and use. Given the risks of misuse for criminal or terrorist purposes resulting from the loss or theft of a legally acquired firearm, appropriate measures should be laid down for the storage of firearms which meet public security and public order requirements.
2016/04/06
Committee: LIBE
Amendment 73 #
Proposal for a directive
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced. These rules should take account of the new materials used in weapon manufacture and the emergence of three-dimensional weapons. They should also take into account imported weapons.
2016/04/06
Committee: LIBE
Amendment 76 #
Proposal for a directive
Recital 11
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them should be kept for an indeterminate period of time until destruction is certified by the relevant authorities.
2016/04/06
Committee: LIBE
Amendment 79 #
Proposal for a directive
Recital 12
(12) Selling arrangements of firearms and their components 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 coay down more effective provisions regulating the purchase and sale of firearms, components and ammunication, notably internet, to dealers and broker on the internet and to limit sales to dealers and registered brokers holding permits or licences issued by Member States.
2016/04/06
Committee: LIBE
Amendment 87 #
Proposal for a directive
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot beit is impossible to converted them into firearms.
2016/04/06
Committee: LIBE
Amendment 91 #
Proposal for a directive
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals and on any interruption of an authorisation, 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 system of exchange of information on authorisations granted and on refusals. 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.
2016/04/06
Committee: LIBE
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import to 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 and the type or model of the firearm as well as its calibre. This shall be without prejudice to the affixing of the manufacturer's trademark.
2016/04/06
Committee: LIBE
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the private and professional integrity and of the abilities of the dealer or broker, and also on the basis of the transparency of the commercial activity. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
2016/04/06
Committee: LIBE
Amendment 146 #
Proposal for a directive
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto 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 deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
2016/04/29
Committee: IMCO
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the private and professional integrity and of the abilities of the dealer or broker and also a check of the transparency of the commercial activity. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
2016/04/06
Committee: LIBE
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
b) are not likely to be a danger to themselves and to others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
2016/04/06
Committee: LIBE
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
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: (a) to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)Commission Implementing Regulation (EU) 2015/2403; or (b) to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] exempted from the requirement to be deactivated for reasons connected with the conservation of cultural and historical heritage, provided that obligations relating to safekeeping are met and it is guaranteed that the weapons thus conserved do not constitute a risk for public safety or public order.
2016/04/06
Committee: LIBE
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – 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 each of the essential components of a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm.
2016/04/06
Committee: LIBE
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange information regularly, effectively and electronically on the authorisations granted for the transfers of firearms to another Member State, on any interruption to authorisations granted, as well as information with regard to refusals to grant authorisations as defined in Article 7.
2016/04/06
Committee: LIBE
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
The Commission shall submit every five years a report to the European Parliament and the Council on the application of this Directive, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to the modular design of arms and to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive.
2016/04/06
Committee: LIBE
Amendment 339 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is added: ‘1ea. For the purposes of this Directive, “collector” shall mean a natural or legal person who collects and conserves firearms and other components and who is recognised as such by the national authorities of a Member State.’
2016/04/28
Committee: IMCO
Amendment 344 #
Proposal for a directive
Article 1 – point 1 – point b b(new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
(bb) The following paragraph is added: ‘1eb. For the purposes of this Directive, “museum” shall mean a permanent non- profit institution which is at the service of society and its development, which is open to the public, and which acquires, conserves, researches, exhibits and communicates the tangible and intangible heritage of humanity and its environment for the purposes of study, education and enjoyment.’
2016/04/28
Committee: IMCO
Amendment 566 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Member States shallmay provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted isare no longer met.
2016/04/28
Committee: IMCO
Amendment 574 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
2a. Collection as referred to in Article 1(1h) shall be a valid reason to acquire and possess firearms in categories B, C, and D for persons who are at least 18 years of age and not likely to be a danger to themselves, to public order, or to public safety. A conviction for a violent intentional crime shall be considered as indicative of such danger.
2016/04/28
Committee: IMCO
Amendment 579 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 b (new)
2a. The acquisition of category A and B firearms and of their essential parts and ammunition may not be paid for in cash.
2016/04/28
Committee: IMCO
Amendment 609 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
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 inmuseums to hold and acquire category A, B, C and D firearms and their poessession firential parmts classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)and ammunition, provided that strict conditions for secure storage are applied.
2016/04/29
Committee: IMCO
Amendment 623 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2 a (new)
Member States may authorise, by derogation, the acquisition of category A firearms and their essential components and ammunition if necessary for reasons of public security.
2016/04/29
Committee: IMCO
Amendment 636 #
Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
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 Stateis possible provided that at least one of the stages of the transaction is carried out under the supervision of a national authority or a person authorised to sell weapons.
2016/04/29
Committee: IMCO
Amendment 671 #
Proposal for a directive
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 a (new)
An authorisation to hold a category B firearm granted before this directive enters into force may be extended by Member States after its entry into force even if such entry into force causes it to be classed as category A. Such authorisations shall, however, be null and void in the event of a change of ownership.
2016/04/29
Committee: IMCO
Amendment 672 #
Proposal for a directive
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 7 a (new)
7a) The following Article is inserted: 'Article 7a Hunters and marksmen may acquire and hold category B semi-automatic weapons under the following conditions: - marksmen must be registered members of a sports shooting club or association accredited by the public authorities, - a hunter may possess a maximum of five category B firearms, and a marksman may possess a maximum of 12 category B firearms, - upon the application of an accredited sports shooting association and subject to the favourable opinion of a national sports shooting federation, marksmen may receive a derogation enabling them to hold more than the maximum number of firearms for the purposes of training for and participation in national and international competitions, - a hunter or marksman may not permanently hold more than 10 magazines and 1000 items of ammunition.'
2016/04/29
Committee: IMCO
Amendment 736 #
Proposal for a directive
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange of 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 and innovations linked to new technology such as 3D printers and the use of QR codes."
2016/04/29
Committee: IMCO
Amendment 740 #
Proposal for a directive
Article 1 – point 13 – point a – point -i (new)
Directive 91/477/EEC
Annex I – part II – point A – category A – point 2
-i) in category A, point 2 is replaced by the following: "2. Automatic firearms and any system or component enabling or facilitating the conversion of a semi- automatic firearm into an automatic firearm;”
2016/04/29
Committee: IMCO