22 Amendments of Rachida DATI related to 2015/0269(COD)
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement to promote harmonious application by the Member States.
Amendment 44 #
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 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.
Amendment 57 #
Proposal for a directive
Recital 6 a (new)
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.
Amendment 73 #
Proposal for a directive
Recital 10
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.
Amendment 76 #
Proposal for a directive
Recital 11
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.
Amendment 79 #
Proposal for a directive
Recital 12
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.
Amendment 87 #
Proposal for a directive
Recital 13
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.
Amendment 91 #
Proposal for a directive
Recital 15
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.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2
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.
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
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.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
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.
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 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 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.
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 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: (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.
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – paragraph 1
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.
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 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 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.
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
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.
Amendment 339 #
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. 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.’
Amendment 344 #
Proposal for a directive
Article 1 – point 1 – point b b(new)
Article 1 – point 1 – point b b(new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
Article 1 – paragraph 1e b (new)
Amendment 579 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
Amendment 609 #
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 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.
Amendment 736 #
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 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."
Amendment 740 #
Proposal for a directive
Article 1 – point 13 – point a – point -i (new)
Article 1 – point 13 – point a – point -i (new)
Directive 91/477/EEC
Annex I – part II – point A – category A – point 2
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;”