Activites

• 2008/07/08 Final act published in Official Journal
  • Directive 2008/51
  • OJ L 179 08.07.2008, p. 0005
• 2008/05/21 Final act signed
• 2008/05/21 End of procedure in Parliament
• #2863
• 2008/04/18 Council Meeting
• 2008/04/18 Act adopted by Council after Parliament's 1st reading
• #2838
• 2007/12/06 Council Meeting
• 2007/11/29 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0559/2007 summary

    The European Parliament adopted a report drawn up by Gisela KALLENBACH (Greens/EFA, DE) and made several amendments to the proposal designed to tighten up gun controls, and introduce mechanisms relating to administrative cooperation. The report was adopted by 588 votes in favour to 14 against with 11 abstentions. Following a series of discussions between the Commission, Parliament and Council, the main compromise amendments are as follows:Definitions: Parliament amended the definition of “firearm” and inserted definitions for “parts”, “ammunition”, “tracing”, “broker”, and “dealer”. European firearms pass: this is stated to be a document which is issued on request by the authorities of a Member State to a person lawfully entering into possession of and using a firearm. It shall be valid for a maximum period of five years. The period of validity may be extended. It shall contain the information set out in Annex II. The European firearms pass is a non-transferable document, on which shall be entered the firearm or firearms possessed and used by the holder of the pass. The pass must always be in the possession of the person using the firearm. Changes in the possession or characteristics of the firearms shall be indicated on the pass, as well as the loss or theft of the firearm.Tracing: for the purpose of identifying and tracing each assembled firearm, the Member States shall, at the time of manufacture of each firearm, either require unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture (if not part of the serial number). This is without prejudice to the possible affixation of the trademark. For these purposes, the Member States may choose to apply the provisions of the Convention of 1 July 1969 on Reciprocal Recognition of Proofmarks on Small Arms (CIP), or maintain any alternative unique user-friendly marking with a number or alphanumeric code, permitting ready identification by all States of the country of manufacture. The marking shall be affixed to an essential component of the firearm, the destruction of which would render the firearm unusable. Member States shall require the marking of every single elementary package of complete ammunition, providing the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition. For these purposes Member states may choose to apply the provisions of the CIP.Data filing system: each Member State shall ensure, at the latest by 31 December 2014, the maintenance of a computerised data filing system, either a centralised system or a decentralised system which guarantees access of the authorised authorities to the data filing systems in which each firearm subject to this Directive shall be recorded. This filing system shall record and maintain for not less than 20 years each firearm's type, make, model, calibre, serial number and the names and addresses of the supplier and the person acquiring or possessing the weapon. Dealers, throughout their period of activity, shall be required to maintain a register in which all firearms subject to the Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the weapon to be identified and traced, in particular the type, make, model, calibre, serial number and the names and addresses of the persons supplying and acquiring the weapon. Upon the cessation of his activities, the dealer shall deliver the register to the national authority responsible for the registration system provided for in the text. Member States shall ensure that any firearm or part placed on the market is marked and registered in compliance with this Directive, or otherwise deactivated. Member States shall ensure that all firearms may be linked to their current owners. However, as regards firearms classified in category D, Member States shall as from the date of transposition put into place appropriate tracing measures, including, as from 31 December 2014, measures enabling linking to the current owner of firearms placed on the market after the date of transposition. Data protection: a new recital states that the processing of information is subject to compliance with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data and cannot prejudice the level of protection of individuals with regard to the processing of personal data under the provisions of the Community and national law, and in particular does not alter the obligations and rights set forth in Directive 95/46/EC.Persons permitted to acquire a firearm: Member States will permit the acquisition and possession of firearms only by persons who have good cause and who: i) are at least 18 years of age, except in relation to the acquisition (except for purchase) and possession of firearms for hunting and target shooting, provided that in that case persons less than 18 years of age have parental permission or are under parental guidance or guidance of an adult with a valid firearms or hunting license or are within a licensed training or otherwise approved centre; ii) 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 one indication of such danger. Member States may withdraw the authorisation of possession of the firearm if any of the conditions on the basis of which it was granted are no longer satisfied.Member States may not prohibit persons resident within their territory from possessing a weapon acquired in another Member State unless they prohibit the acquisition of the same weapon within their own territory.Member States shall allow the acquisition and possession of firearms only by persons who were granted a licence or, with respect to categories C or D, who are specifically permitted to do so in accordance with national law.Brokers: Member States shall consider establishing a system of regulating the activities of brokers. Such a system could include one or more measures such as: a) requiring registration of brokers operating within their territory; b) requiring licensing or authorisation of brokeringReports: within five years from the date of transposition of the Directive into national law, the Commission shall submit a report on the situation resulting from the application of the Directive, accompanied, if appropriate, by proposals. Within four years from the date of entry into force of the  Directive, the Commission shall carry out research and submit a report on the possible advantages and disadvantages of a reduction to two categories of firearms (prohibited or authorised) with a view to better functioning of the internal market for the products in question, through possible simplification. A new recital points out that several Member States have recently simplified the way they classify firearms by switching from four categories to the following two: prohibited firearms and firearms subject to authorisation. Member States should fall into line with this simplified classification, although Member States which currently divide firearms into a further set of categories may, in accordance with the principle of subsidiarity, maintain their existing classification systems.Within two years from the date of entry into force of the Directive into national law, a report shall present the conclusions of a study of the issue of the placing on the market of replica firearms in order to determine whether the inclusion of such products in the present Directive is possible and desirable.Sanctions: a recital states that in some serious cases, compliance with Articles 5 and 6 of the Protocol requires the application of criminal sanctions and confiscation of the weaponsContact group: for the purpose of an efficient application of the Directive, Member States shall exchange information on a regular basis. To this end, the Commission shall set up a contact group for the exchange of information.  Each Member State shall inform the other Member States and the Commission of the national authorities responsible for transmitting and receiving information and for complying with the obligations set out in Article 11(4).Deactivation: the Commission shall issue common guidelines on deactivation standards and techniques to ensure that deactivated firearms are permanently inoperable.

• 2007/11/28 Debate in Parliament
  • Debate in Parliament
• 2007/07/12 Committee report tabled for plenary, 1st reading/single reading
  • A6-0276/2007
• 2007/06/27 Vote in committee, 1st reading/single reading
• 2006/10/26 Referral to associated committees announced in Parliament
• 2006/04/03 Committee referral announced in Parliament, 1st reading/single reading
• 2006/03/02 Legislative proposal published
  • COM(2006)0093 summary

    PURPOSE : to make amendments to Council Directive 91/477/EEC in order to take into account the accession of the EC to the United Nations Protocol on the illicit manufacturing of and trafficking in firearms, their parts components and ammunition (Firearms Protocol).PROPOSED ACT : Directive of the European Parliament and of the Council.CONTENT : on behalf of the European Community the Commission signed the Firearms Protocol, annexed to the United Nations Convention against transnational organised crime. The purpose of this Protocol is to promote cooperation among States Parties in order to prevent the illicit manufacturing of and trafficking in firearms. It comprises 21 Articles that aim essentially to prevent the illicit manufacturing of and trafficking in firearms. However, some provisions in the Protocol entail limited technical amendments, specifically to Council Directive 91/477/EEC on control of the acquisition and possession of weapons, even though the aim of the Protocol evidently differs from that of the Directive. The latter is applicable only to the legal trade in certain types of weapons (e.g. excluding military weapons), and solely in the context of the Internal Market.This proposal does not, therefore, concern the aspects of the Protocol that fall outside the scope of Directive 91/477/EEC, such as the import/export arrangements applied by the Member States at the external borders of the EU.The proposal deals with a series of technical amendments to define, within the scope of application of the Directive, the notions of illicit manufacturing and trafficking of firearms, to reaffirm the need for marking, to increase the period for keeping registers prescribed by the Directive, to clarify the applicable penalties and to set out the general principles on the deactivation of weapons defined by the United Nations Protocol.The main amendments are as follows:- the concepts of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition should be specified in the Directive by using the definitions of these activities contained in the Protocol – Article 3 – in the aim, of course, of achieving legal clarity, certainty and coherence;- the fight against organised crime also makes the tracing of firearms particularly important. Certain technical amendments aim to facilitate the tracing under Directive 91/477 of the arms referred to. For instance, the principle of marking firearms at the time of manufacture – those which fall within the scope of the Directive of course – appears only indirectly in the second paragraph of Article 4 of Directive 91/477, in references to identification particulars that must be recorded in the dealers’ registers. In contrast, the Protocol clearly establishes a marking obligation ("marking of firearms"). This can be incorporated without modification into the Directive. Article 4 of the Directive should also include the instruction to ensure also that firearms are marked at the time of transfer from government stocks to permanent civilian use;- Article 4 requires dealers to conserve, for a period of at least five years, a register in which information on all firearms received or disposed of by him is recorded. To strengthen the security aspect of the Directive, the minimum 10-year period specified by the Protocol for keeping the registers should be adopted;- furthermore, it must be stated that brokering activities, as mentioned in Article 15 of the Protocol, fall within the definition of dealer given by the Directive;- the Protocol provides that each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences acts committed intentionally, in particular the illicit manufacturing of or trafficking in firearms. The language used in the Directive to describe the applicable penalties must therefore be strengthened, in order to increase their effectiveness;- furthermore, Annex I to Directive 91/477 states that the objects which correspond to the definition of a firearm but which have been permanently rendered unfit for use by the application of technical procedures will not be considered as weapons that fall within the scope of the Directive. However, Article 9 of the Protocol sets out more extensive general principles for the deactivation of firearms that must be incorporated into the amended Directive.The proposed amendments do not cover new problems in relation to the general economy of the Directive. They merely adapt the provisions of the Directive to the new legal context brought about by Community accession to the Protocol.

  • DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, VERHEUGEN Günter

Documents

• Legislative proposal published: COM(2006)0093
• Committee report tabled for plenary, 1st reading/single reading: A6-0276/2007
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0559/2007
• : Directive 2008/51
• : OJ L 179 08.07.2008, p. 0005

History

(these mark the time of scraping, not the official date of the change)