BETA


2013/0083(NLE) UN Convention against Transnational Organized Crime (UNTOC): protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE MATHIEU HOUILLON Véronique (icon: PPE PPE) MORAES Claude (icon: S&D S&D), ALFANO Sonia (icon: ALDE ALDE), MCINTYRE Anthea (icon: ECR ECR), TRIANTAPHYLLIDES Kyriacos (icon: GUE/NGL GUE/NGL)
Committee Opinion INTA
Committee Opinion ITRE
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
TFEU 114-p1, TFEU 207, TFEU 218-p6a

Events

2014/03/25
   Final act published in Official Journal
Details

PURPOSE: to conclude an additional protocol to the United Nations Convention against Transnational Organized Crime on the manufacturing of and trafficking in firearms, their parts and components and ammunition.

LEGISLATIVE ACT: Council Decision 2014/164/EU on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

CONTEXT: the elements of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime which are covered by the competences of the Union were negotiated by the Commission, with the approval of the Council, on behalf of the Union.

In accordance with Council Decision 2001/748/EC the Protocol was signed on 16 January 2002, subject to its conclusion at a later date.

The conclusion of the United Nations Convention against Transnational Organized Crime was approved on behalf of the Union by Council Decision 2004/579/EC, which is a condition for the Union to become a Party to the Protocol of that Convention.

The Protocol provides for measures falling within the scope of the Union’s common commercial policy. Several Union legal acts have been adopted which aim to facilitate and eliminate barriers for the transfer of conventional arms within the internal market or which aim to regulate the export of arms to third countries. A legally binding instrument on the highest possible common international standards for the transfer and control of arms concerns matters that fall within the Union’s exclusive competence because either those matters fall within the scope of the Union’s common commercial policy, or the Union has adopted common rules the scope of which is likely to be affected or altered by the conclusion of the Protocol.

The Protocol should now be approved on behalf of the Union.

CONTENT: with the present Decision, the Council concluded on behalf of the European Union, with the approval of the European Parliament, the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

Scope : the protocol against firearms is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a multilateral framework and minimum standards for all participating States.

It promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Main provisions: the text comprises provisions to:

· maintain detailed records on the import, export and in-transit movements of firearms;

· adopt an international system for marking firearms at the time of manufacture and each time they are imported;

· establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms;

· prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls;

· exchange information regarding authorised producers, dealers, importers and

· exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms.

Control of the acquisition and intra-Community transfer of firearms : the control of the acquisition and possession of firearms in the Union, as well as the formalities for the movement of firearms within the Member States, are governed by the Council Directive 91/477/EEC . The rules and procedures applicable to the transfer within the Union of defence-related products are governed by Directive 2009/43/EC of the European Parliament and Council.

Annex: the Annex comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol).

ENTRY INTO FORCE: the Decision enters into force on 11.02.2014.

2014/02/13
   Commission response to text adopted in plenary
Documents
2014/02/11
   EP/CSL - Act adopted by Council after consultation of Parliament
2014/02/11
   EP - End of procedure in Parliament
2014/02/11
   CSL - Council Meeting
2013/12/10
   EP - Results of vote in Parliament
2013/12/10
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 578 votes to 5, with 18 abstentions, a legislative resolution of 10 December 2013 on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

Parliament gave its consent to the conclusion of the Protocol.

Documents
2013/10/30
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Véronique MATHIEU HOUILLON (EPP, FR) on the draft Council Decision on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

Members recommended the European Parliament to give its consent to the conclusion of the Protocol for the purpose of making it easier to prevent illicit trafficking in firearms by better monitoring them through marking and import and export licensing or authorisation, and by strengthening cooperation and the exchange of information between States Parties.

Documents
2013/10/24
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/10/17
   EP - Vote in committee, 1st reading/single reading
2013/10/15
   EC - Legislative proposal published
Details

PURPOSE: to conclude a Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in 1998, the United Nations' General Assembly (UNGA) decided to establish an open-ended intergovernmental ad-hoc committee charged with drawing up a Convention against transnational organised crime (UNTOC), supplemented by three Protocols. One of these Protocols concerns the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Firearms Protocol).

In 2000, the Council authorised the Commission to negotiate the Convention and the Protocol on behalf of the European Community.

Negotiations on the United Nations Firearms Protocol (UNFP) lasted until May 2001 and this instrument was adopted by the UNGA on 31 May 2001.

Authorisation to sign the UNFP was given by the Council in October 2001 and this instrument was formally signed by the European Community at the United Nations Headquarters in New York on 16 January 2002 with Council Decision 2001/748/EC.

The conclusion of the UNFP on behalf of the Community was left for a later stage because it was considered that the Protocol comprised provisions requiring the adoption of new legislation and amendments to existing one.

Union competence : the European Union has exclusive competence over commercial policy. It also has shared competence over rules for the achievement of the internal market, and exclusive competence as regards provisions of the Protocol which may affect or alter the scope of common rules adopted by the Union. The Union has adopted rules as regards in particular the fight against illicit manufacturing of and trafficking in firearms, regulating standards and procedures on commercial policy of the Member States concerning in particular record keeping, marking of firearms, deactivation of firearms, requirements for exports, import and transit licensing authorisation systems, strengthening of controls at export points and brokering activities.

Directive 2008/51/EC amending Council Directive 91/477 ECC on control of the acquisition and possession of weapons and Regulation (EU) No. 258/2012 implementing Article 10 of the UN Firearms Protocol and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition represent the concrete follow-up to these legislative amendments.

The rules and procedures applicable to the intra-union transfer of defence-related products are regulated by Directive 2009/43/EC of the European Parliament and the Council.

The UNFP entered into force on 3 July 2005. To date, 18 EU Member States have signed it and 16 Member States are contracting parties.

It is now necessary to approve the Protocol on behalf of the European Union.

LEGAL BASIS: Article 114 and the first subparagraph of Article 207(4), in conjunction with Article 218(6) (a) of the Treaty on the Functioning of the European Union.

IMPACT ASSESSMENT: extensive consultations of different stakeholders have been carried out in parallel to the adoption of the European Union laws aiming at adapting Union law to the relevant provisions of the Protocol. An additional Impact Assessment is not required because this proposal represents the final step in fulfilling an international obligation, and Union law already complies with the standards set out in the Protocol.

CONTENT: with the proposed Decision, it is sought to invite the Council to approve the abovementioned Protocol on behalf of the European Union.

Scope : the UNFP is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a very useful multilateral framework and a variety of important minimum standards for all participating States.

The Protocol promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Main provisions: the text contains provisions to:

maintain detailed records on the import, export and in-transit movements of firearms; adopt an international system for marking firearms at the time of manufacture and each time they are imported; establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls; exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms.

Annex I comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol).

BUDGETARY IMPLICATION: the proposal has no implication for the Union budget.

Documents
2013/09/19
   EP - Committee draft report
Documents
2013/07/10
   PT_PARLIAMENT - Contribution
Documents
2013/05/29
   EP - Responsible Committee
2013/04/22
   CSL - Debate in Council
Documents
2013/04/22
   CSL - Council Meeting
2013/03/22
   EC - Initial legislative proposal published
Details

PURPOSE: the conclusion, on behalf of the European Union, of an additional 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.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

BACKGROUND: the Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union6 listed among its relevant actions a proposal on the conclusion - on behalf of the European Community - of the United Nations Firearms Protocol (UNFP).

Its successor, the Stockholm Programme , reaffirmed that the Union should continue to promote ratification of international conventions (and their Protocols) in particular those developed under the auspices of the United Nations. Firearms' trafficking was also cited in the Internal Security Strategy as one of the forms of organised crime which the European Union needed to tackle.

In December 1998, the United Nations' General Assembly (UNGA) decided to establish an open-ended intergovernmental ad-hoc committee charged with drawing up a Convention against transnational organised crime (UNTOC), supplemented by three Protocols, one of which relates to the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Firearms Protocol).

In 2000, the Council authorised the Commission to negotiate the UNTOC and 'United Nations Firearms Protocol' (UNFP) on behalf of the European Community.

Negotiations on the UNFP lasted until May 2001 and this instrument was adopted by the UNGA on 31 May 2001. Authorisation to sign the UNFP was given by the Council in October 2001 and this instrument was formally signed by the European Community at the United Nations Headquarters in New York on 16 January 2002.

The conclusion of the UNFP was left for a later stage because it was considered that the Protocol comprised provisions requiring the adoption of new legislation and amendments to existing one.

More specifically, Directive 2008/51/EC amending Council Directive 91/477 ECC on control of the acquisition and possession of weapons and Regulation (EU) No 258/2012 implementing Art 10 of the UN Firearms Protocol and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition are among the concrete examples of this new legislation.

The UNFP entered into force on 3 July 2005. To date, 18 EU Member States have signed it and 16 Member States are contracting parties.

The Protocol should now be approved on behalf of the European Union.

LEGAL BASIS: Articles 114 and 207 of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Art. 218(6) (a) thereof.

IMPACT ASSESSMENT: extensive consultations of different stakeholders have been carried out in parallel to the adoption of the European Union laws aiming at adapting Union law to the relevant provisions of the Protocol. An additional Impact Assessment is not considered to be required because this proposal represents the final step in fulfilling an international obligation, and Union law already complies with the standards set out in the Protocol.

CONTENT: under this proposal for a Decision, it is envisaged to approve the above-mentioned protocol on behalf of the European Union.

Scope: the UNFP is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a very useful multilateral framework and a variety of important minimum standards for all participating States. It promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Main provisions: the text comprises provisions to:

maintain detailed records on the import, export and in-transit movements of firearms; adopt an international system for marking firearms at the time of manufacture and each time they are imported; establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls; exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms.

Annex I: Annex I comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol).

FINANCIAL IMPLICATIONS: the proposal has no implications for the EU's budget.

Documents

History

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

activities
  • date: 2013-03-22T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=154 title: COM(2013)0154 type: Initial legislative proposal published celexid: CELEX:52013PC0154:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: MALMSTRÖM Cecilia type: Initial legislative proposal published
  • body: CSL meeting_id: 3236 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3236*&MEET_DATE=22/04/2013 type: Debate in Council title: 3236 council: Foreign Affairs date: 2013-04-22T00:00:00 type: Council Meeting
  • date: 2013-10-15T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12324%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 12324/2013 body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: MALMSTRÖM Cecilia type: Legislative proposal published
  • date: 2013-10-17T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique
  • date: 2013-10-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0359&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0359/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique date: 2013-10-30T00:00:00
  • date: 2013-12-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23639&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0524 type: Decision by Parliament, 1st reading/single reading title: T7-0524/2013 body: EP type: Results of vote in Parliament
  • date: 2014-02-11T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3292
  • date: 2014-02-11T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-02-11T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2014-03-25T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0164 title: Decision 2014/164 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:089:TOC title: OJ L 089 25.03.2014, p. 0007
commission
  • body: EC dg: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2013-05-29T00:00:00
rapporteur
name: MATHIEU HOUILLON Véronique group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
body
EP
responsible
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
International Trade
committee
INTA
opinion
False
committees/1
body
EP
responsible
False
committee_full
International Trade
committee
INTA
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Industry, Research and Energy
committee
ITRE
opinion
False
committees/2
body
EP
responsible
False
committee_full
Industry, Research and Energy
committee
ITRE
committees/3
type
Committee Opinion
body
EP
associated
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
opinion
False
committees/3
body
EP
shadows
responsible
True
committee
LIBE
date
2013-05-29T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: PPE name: MATHIEU HOUILLON Véronique
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 3292 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3292*&MEET_DATE=11/02/2014 date: 2014-02-11T00:00:00
  • body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3236 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3236*&MEET_DATE=22/04/2013 date: 2013-04-22T00:00:00
docs
  • date: 2013-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.513 title: PE519.513 type: Committee draft report body: EP
  • date: 2014-02-13T00:00:00 docs: url: /oeil/spdoc.do?i=23639&j=0&l=en title: SP(2014)148 type: Commission response to text adopted in plenary
  • date: 2013-07-10T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0154 title: COM(2013)0154 type: Contribution body: PT_PARLIAMENT
events
  • date: 2013-03-22T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0154/COM_COM(2013)0154_EN.doc title: COM(2013)0154 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=154 title: EUR-Lex summary: PURPOSE: the conclusion, on behalf of the European Union, of an additional 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. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent. BACKGROUND: the Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union6 listed among its relevant actions a proposal on the conclusion - on behalf of the European Community - of the United Nations Firearms Protocol (UNFP). Its successor, the Stockholm Programme , reaffirmed that the Union should continue to promote ratification of international conventions (and their Protocols) in particular those developed under the auspices of the United Nations. Firearms' trafficking was also cited in the Internal Security Strategy as one of the forms of organised crime which the European Union needed to tackle. In December 1998, the United Nations' General Assembly (UNGA) decided to establish an open-ended intergovernmental ad-hoc committee charged with drawing up a Convention against transnational organised crime (UNTOC), supplemented by three Protocols, one of which relates to the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Firearms Protocol). In 2000, the Council authorised the Commission to negotiate the UNTOC and 'United Nations Firearms Protocol' (UNFP) on behalf of the European Community. Negotiations on the UNFP lasted until May 2001 and this instrument was adopted by the UNGA on 31 May 2001. Authorisation to sign the UNFP was given by the Council in October 2001 and this instrument was formally signed by the European Community at the United Nations Headquarters in New York on 16 January 2002. The conclusion of the UNFP was left for a later stage because it was considered that the Protocol comprised provisions requiring the adoption of new legislation and amendments to existing one. More specifically, Directive 2008/51/EC amending Council Directive 91/477 ECC on control of the acquisition and possession of weapons and Regulation (EU) No 258/2012 implementing Art 10 of the UN Firearms Protocol and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition are among the concrete examples of this new legislation. The UNFP entered into force on 3 July 2005. To date, 18 EU Member States have signed it and 16 Member States are contracting parties. The Protocol should now be approved on behalf of the European Union. LEGAL BASIS: Articles 114 and 207 of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Art. 218(6) (a) thereof. IMPACT ASSESSMENT: extensive consultations of different stakeholders have been carried out in parallel to the adoption of the European Union laws aiming at adapting Union law to the relevant provisions of the Protocol. An additional Impact Assessment is not considered to be required because this proposal represents the final step in fulfilling an international obligation, and Union law already complies with the standards set out in the Protocol. CONTENT: under this proposal for a Decision, it is envisaged to approve the above-mentioned protocol on behalf of the European Union. Scope: the UNFP is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a very useful multilateral framework and a variety of important minimum standards for all participating States. It promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. Main provisions: the text comprises provisions to: maintain detailed records on the import, export and in-transit movements of firearms; adopt an international system for marking firearms at the time of manufacture and each time they are imported; establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls; exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms. Annex I: Annex I comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol). FINANCIAL IMPLICATIONS: the proposal has no implications for the EU's budget.
  • date: 2013-04-22T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3236*&MEET_DATE=22/04/2013 title: 3236
  • date: 2013-10-15T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12324%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 12324/2013 summary: PURPOSE: to conclude a Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: in 1998, the United Nations' General Assembly (UNGA) decided to establish an open-ended intergovernmental ad-hoc committee charged with drawing up a Convention against transnational organised crime (UNTOC), supplemented by three Protocols. One of these Protocols concerns the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Firearms Protocol). In 2000, the Council authorised the Commission to negotiate the Convention and the Protocol on behalf of the European Community. Negotiations on the United Nations Firearms Protocol (UNFP) lasted until May 2001 and this instrument was adopted by the UNGA on 31 May 2001. Authorisation to sign the UNFP was given by the Council in October 2001 and this instrument was formally signed by the European Community at the United Nations Headquarters in New York on 16 January 2002 with Council Decision 2001/748/EC. The conclusion of the UNFP on behalf of the Community was left for a later stage because it was considered that the Protocol comprised provisions requiring the adoption of new legislation and amendments to existing one. Union competence : the European Union has exclusive competence over commercial policy. It also has shared competence over rules for the achievement of the internal market, and exclusive competence as regards provisions of the Protocol which may affect or alter the scope of common rules adopted by the Union. The Union has adopted rules as regards in particular the fight against illicit manufacturing of and trafficking in firearms, regulating standards and procedures on commercial policy of the Member States concerning in particular record keeping, marking of firearms, deactivation of firearms, requirements for exports, import and transit licensing authorisation systems, strengthening of controls at export points and brokering activities. Directive 2008/51/EC amending Council Directive 91/477 ECC on control of the acquisition and possession of weapons and Regulation (EU) No. 258/2012 implementing Article 10 of the UN Firearms Protocol and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition represent the concrete follow-up to these legislative amendments. The rules and procedures applicable to the intra-union transfer of defence-related products are regulated by Directive 2009/43/EC of the European Parliament and the Council. The UNFP entered into force on 3 July 2005. To date, 18 EU Member States have signed it and 16 Member States are contracting parties. It is now necessary to approve the Protocol on behalf of the European Union. LEGAL BASIS: Article 114 and the first subparagraph of Article 207(4), in conjunction with Article 218(6) (a) of the Treaty on the Functioning of the European Union. IMPACT ASSESSMENT: extensive consultations of different stakeholders have been carried out in parallel to the adoption of the European Union laws aiming at adapting Union law to the relevant provisions of the Protocol. An additional Impact Assessment is not required because this proposal represents the final step in fulfilling an international obligation, and Union law already complies with the standards set out in the Protocol. CONTENT: with the proposed Decision, it is sought to invite the Council to approve the abovementioned Protocol on behalf of the European Union. Scope : the UNFP is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a very useful multilateral framework and a variety of important minimum standards for all participating States. The Protocol promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. Main provisions: the text contains provisions to: maintain detailed records on the import, export and in-transit movements of firearms; adopt an international system for marking firearms at the time of manufacture and each time they are imported; establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls; exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms. Annex I comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol). BUDGETARY IMPLICATION: the proposal has no implication for the Union budget.
  • date: 2013-10-17T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-10-24T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-10-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0359&language=EN title: A7-0359/2013 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Véronique MATHIEU HOUILLON (EPP, FR) on the draft Council Decision on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. Members recommended the European Parliament to give its consent to the conclusion of the Protocol for the purpose of making it easier to prevent illicit trafficking in firearms by better monitoring them through marking and import and export licensing or authorisation, and by strengthening cooperation and the exchange of information between States Parties.
  • date: 2013-12-10T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23639&l=en title: Results of vote in Parliament
  • date: 2013-12-10T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0524 title: T7-0524/2013 summary: The European Parliament adopted by 578 votes to 5, with 18 abstentions, a legislative resolution of 10 December 2013 on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. Parliament gave its consent to the conclusion of the Protocol.
  • date: 2014-02-11T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2014-02-11T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-03-25T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude an additional protocol to the United Nations Convention against Transnational Organized Crime on the manufacturing of and trafficking in firearms, their parts and components and ammunition. LEGISLATIVE ACT: Council Decision 2014/164/EU on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. CONTEXT: the elements of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime which are covered by the competences of the Union were negotiated by the Commission, with the approval of the Council, on behalf of the Union. In accordance with Council Decision 2001/748/EC the Protocol was signed on 16 January 2002, subject to its conclusion at a later date. The conclusion of the United Nations Convention against Transnational Organized Crime was approved on behalf of the Union by Council Decision 2004/579/EC, which is a condition for the Union to become a Party to the Protocol of that Convention. The Protocol provides for measures falling within the scope of the Union’s common commercial policy. Several Union legal acts have been adopted which aim to facilitate and eliminate barriers for the transfer of conventional arms within the internal market or which aim to regulate the export of arms to third countries. A legally binding instrument on the highest possible common international standards for the transfer and control of arms concerns matters that fall within the Union’s exclusive competence because either those matters fall within the scope of the Union’s common commercial policy, or the Union has adopted common rules the scope of which is likely to be affected or altered by the conclusion of the Protocol. The Protocol should now be approved on behalf of the Union. CONTENT: with the present Decision, the Council concluded on behalf of the European Union, with the approval of the European Parliament, the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. Scope : the protocol against firearms is the first global instrument in the fight against transnational organised crime and trafficking in firearms . It sets out a multilateral framework and minimum standards for all participating States. It promotes cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. Main provisions: the text comprises provisions to: · maintain detailed records on the import, export and in-transit movements of firearms; · adopt an international system for marking firearms at the time of manufacture and each time they are imported; · establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; · prevent the theft, loss or diversion of firearms through the strengthening of export controls, export points and border controls; · exchange information regarding authorised producers, dealers, importers and · exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states' ability to prevent, detect and investigate illicit trafficking in firearms. Control of the acquisition and intra-Community transfer of firearms : the control of the acquisition and possession of firearms in the Union, as well as the formalities for the movement of firearms within the Member States, are governed by the Council Directive 91/477/EEC . The rules and procedures applicable to the transfer within the Union of defence-related products are governed by Directive 2009/43/EC of the European Parliament and Council. Annex: the Annex comprises the declaration of the extent of the European Union's competence with respect to matters governed by the Protocol, which has to be deposited together with the instrument of approval (Art. 17 (3) Firearms Protocol). ENTRY INTO FORCE: the Decision enters into force on 11.02.2014. docs: title: Decision 2014/164 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0164 title: OJ L 089 25.03.2014, p. 0007 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:089:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
LIBE/7/12321
New
  • LIBE/7/12321
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0164
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0164
procedure/subject
Old
  • 2.10.01 Customs union, tax and duty-free, Community transit
  • 3.40.09 Defence and arms industry
  • 6.20.02 Export/import control, trade defence
  • 7.30.12 Control of personal weapons and ammunitions
  • 7.30.30 Action to combat crime
New
2.10.01
Customs union, tax and duty-free, Community transit
3.40.09
Defence and arms industry
6.20.02
Export/import control, trade defence, trade barriers
7.30.12
Control of personal weapons and ammunitions
7.30.30
Action to combat crime
procedure/subtype
Old
Consent by Parliament
New
  • Consent by Parliament
  • See also Decision 2004/579/EC 2003/0195(CNS)
procedure/summary
  • See also Decision 2004/579/EC
activities/0/docs/0/celexid
CELEX:52013PC0154:EN
activities/0/commission/0/DG/title
Old
Home Affairs
New
Migration and Home Affairs
activities/0/docs/0/celexid
CELEX:52013PC0154:EN
activities/2/commission/0/DG/title
Old
Home Affairs
New
Migration and Home Affairs
links/European Commission/title
Old
PreLex
New
EUR-Lex
other/1/dg/title
Old
Home Affairs
New
Migration and Home Affairs
procedure/subject/0
Old
2.10.01 Customs Union, tax and duty-free, Community transit
New
2.10.01 Customs union, tax and duty-free, Community transit
activities
  • date: 2013-03-22T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=154 title: COM(2013)0154 type: Initial legislative proposal published celexid: CELEX:52013PC0154:EN body: EC type: Initial legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia
  • body: CSL meeting_id: 3236 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3236*&MEET_DATE=22/04/2013 type: Debate in Council title: 3236 council: Foreign Affairs date: 2013-04-22T00:00:00 type: Council Meeting
  • date: 2013-10-15T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12324%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 12324/2013 body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia
  • date: 2013-10-17T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique
  • date: 2013-10-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0359&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0359/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique date: 2013-10-30T00:00:00
  • date: 2013-12-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23639&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0524 type: Decision by Parliament, 1st reading/single reading title: T7-0524/2013 body: EP type: Results of vote in Parliament
  • date: 2014-02-11T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3292
  • date: 2014-02-11T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-02-11T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2014-03-25T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0164 title: Decision 2014/164 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:089:TOC title: OJ L 089 25.03.2014, p. 0007
committees
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP shadows: group: S&D name: MORAES Claude group: ALDE name: ALFANO Sonia group: ECR name: MCINTYRE Anthea group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2013-05-29T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: MATHIEU HOUILLON Véronique
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs commissioner: MALMSTRÖM Cecilia
procedure
dossier_of_the_committee
LIBE/7/12321
reference
2013/0083(NLE)
title
UN Convention against Transnational Organized Crime (UNTOC): protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition
legal_basis
stage_reached
Procedure completed
summary
See also Decision 2004/579/EC
subtype
Consent by Parliament
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
NLE - Non-legislative enactments
final
subject