Activities of Cornelia ERNST related to 2022/0288(COD)
Shadow opinions (1)
OPINION 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 (18)
Amendment 37 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should not apply to transactions of firearms, their essential components or ammunition that are destined for the armed forces . The measures to meet the requirements of Article 10 of the UN Firearms Protocol should be adapted to provide for simplified procedures for firearms for civilian use. Consequently, some facilitation with regard to authorisation for multiple shipments, transit measures and temporary admission and exports for lawful purposes should be ensured.
Amendment 38 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Although some Member States have suspended or banned certain types of less-lethal weapons and devices for maintaining public order, the Union lacks legislation on the transactions of such weapons. Law enforcement authorities in some Member States use certain less- lethal weapons for policing assemblies, such as LBD40 flash balls, GLI-F4 grenades and sting-ball grenades, that can cause serious injuries or death, and may amount to torture. For the purposes of ultimately ensuring that force, particularly to re-establish order, is used in strict compliance with the requirements of necessity and proportionality by public authorities, the Union needs control mechanisms on the issuing of all the firearms in the market in the first place. Therefore, this Regulation should also include measures for the import, export and transit of firearms, their essential components and ammunition when destined for the armed forces, the police, or other public authorities.
Amendment 42 #
Proposal for a regulation
Recital 34
Recital 34
(34) IFor the purpose of this regulation, in order to ensure the traceability of firearms, their essential components and ammunition, it is of the utmost importance that customs are granted access to the secure information exchange network application (SIENA) of Europol. This access should be limited and proportional for the purpose of fulfilling the obligations laid down in this regulation. Member States that apply the Regulation (EU) 2016/794 of the European Parliament and the Council37 should grant this access. _________________ 37 Council Regulation (EU) 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114)
Amendment 47 #
Proposal for a regulation
Recital 41
Recital 41
(41) The Schengen Acquis notably includes a Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms (SCH/Com-ex (99) 10)40 , pursuant to which Member States are to submit each year by 31 July their national annual data for the preceding year on illegal trade in firearms, on the basis of the joint table for compiling statistics. In addition, the Commission recommended in the 2018 that Member States should collect detailed statistics of the preceding year about the number of authorisations, refusals, the quantities and values of firearms exports and imports, by origin or destination, and submit these statistics to the Commission41 . The Commission should compile the data received by Member States and publish those data as part of an annual report by 31st of October each year. The report should be made public and submitted to the Parliament. _________________ 40 OJ L 239, 22.9.2000, p. 469–473 41 Commission recommendation (2018) 2197 final of 17.4.2018 on immediate steps to improve security of export, import and transit measures for firearms, their parts and essential components and ammunition
Amendment 48 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) In addition, Member States should collect statistics of the preceding year on illegal trade in firearms, including the number of authorisations, refusals, the quantities and values of firearms exports and imports, by origin or destination related to right-wing extremism and submit these statistics to the Commission. Such statistics are relevant in order to provide a better framework for understanding, studying, measuring and countering the phenomenon. This should help develop a framework for a more consistent and harmonised collection of data on right-wing extremist acts in the Member States.
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – point 48 a (new)
Article 2 – paragraph 1 – point 48 a (new)
48a. ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679.
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 58 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – point b a (new)
Article 9 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) the applicant is a subject of an investigation and/or facing pre-trial measures in relation to gender-based violence
Amendment 59 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – point b b (new)
Article 9 – paragraph 5 – subparagraph 1 – point b b (new)
(bb) the applicant has been adjudicated as mentally disabled or has been committed to any mental institution
Amendment 65 #
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except forincluding escorting fees. The fee shall be 10% of the market value of the shipment.
Amendment 72 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 – point a – point i a (new)
Article 19 – paragraph 1 – subparagraph 1 – point a – point i a (new)
(ia) the applicant is a subject of an investigation and/or facing pre-trial measures in relation to gender-based violence
Amendment 73 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 – point a – point i b (new)
Article 19 – paragraph 1 – subparagraph 1 – point a – point i b (new)
(ib) the applicant has been adjudicated as mentally disabled or has been committed to any mental institution
Amendment 98 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In case of reasonable suspicions of trafficking of firearms, their essential components, 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, specifying the justification and evidence relating to the reasonable suspicions.
Amendment 107 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall confidentially submit via emailsubmit to the Commission each year by 31 July, their national annual data for the preceding year on:
Amendment 110 #
(aa) the number of authorisations and refusals, the quantities and values of actual imports and exports of firearms, their essential components and ammunition, by category and sub- category as listed in Annex I, by origin and by destination related to right-wing extremism
Amendment 115 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The Commission shall compile the data received by Member States in accordance with this Article and publish an annual report by 31st of October each year. The report shall be public and submitted to the Parliament.
Amendment 121 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679.
Amendment 126 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The processing of personal data within the system pursuant to paragraph 1 shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679.