2022/0288(COD) Import, export and transit measures for firearms, their essential components and ammunition: implementation of Article 10 of the UN Firearms Protocol. Recast
Next event: Indicative plenary sitting date 2024/04/22
Lead committee dossier:
Next event: Indicative plenary sitting date 2024/04/22
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | INTA |
LANGE Bernd ( S&D)
|
ASIMAKOPOULOU Anna-Michelle ( EPP),
PAET Urmas ( Renew),
GREGOROVÁ Markéta ( Verts/ALE),
LANCINI Danilo Oscar ( ID),
BERLATO Sergio ( ECR),
MAUREL Emmanuel ( GUE/NGL)
|
| Committee Opinion | AFET | ||
| Committee Opinion | BUDG | ||
| Committee Opinion | IMCO | ||
| Committee Opinion | LIBE |
RADEV Emil ( EPP)
|
Cornelia ERNST ( GUE/NGL),
Assita KANKO ( ECR),
Diana RIBA I GINER ( Verts/ALE),
Thijs REUTEN ( S&D),
Patricia CHAGNON ( ID),
Bergur Løkke RASMUSSEN ( RE)
|
| Committee Recast Technique Opinion | JURI |
ADAMOWICZ Magdalena ( EPP)
|
Lead committee dossier:
Legal Basis:
RoP 110, RoP 57, TFEU 033, TFEU 207
Legal Basis:
RoP 110, RoP 57, TFEU 033, TFEU 207Subjects
Events
2024/04/22
Indicative plenary sitting date
2024/03/20
EP - Text agreed during interinstitutional negotiations
Documents
2024/03/20
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/03/18
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/11/09
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/11/08
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/10/30
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on International Trade adopted the report by Bernd LANGE (S&D, DE) 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).
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Post-shipment checks
The Commission and competent authorities granting the export authorisation should carry out regular post-shipment checks, not only in case of suspicion but also randomly to ensure that the exported firearms, their essential components and ammunition are in line with the commitments made in the export certificate as set out in Annex IV.
Procedures at import and export
The amended text stressed that customs authorities should suspend the import of the goods for the customs procedure concerned, if they have certain reasonable doubts and in such a case, they should inform immediately, through electronic means the competent national authority, which should take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 20 working days (as opposed to 10 working days proposed by the Commission), then the customs authority should release the goods without delay.
Results of controls
Where customs authorities discover an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they should without delay and no later than two working days from that discovery inform the competent authority in the country of the customs authority thereof.
Statistics
To increase transparency, Member States should submit to the Commission via suitable confidential means, each year by 31 July, their national annual data for the preceding year on the number of authorisations and refusals and the reasons thereof, 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, the quantity and results of post-shipment checks at Member State level, the quantity and results of undertaken enforcement actions at Member State level.
Electronic licensing system
Members stressed that the Commission should without delay establish and maintain an electronic licensing system for import and export authorisations and decisions. Member States should take all necessary measures to speed up the implementation of the electronic licensing system.
Export certificate
The export certificate is to include at least the following information: (i) details of the importer including the signature, name and title of the importer; (ii) the date of issue of the export certificate; (iii) if applicable, a unique identifying number or contract number relating to the export certificate.
The Commission should be empowered to adopt delegated acts to establish a uniform export certificate.
Penalties
The report stressed that Member States should lay down the rules on penalties applicable to infringements of this Regulation. The penalties provided for should be effective, proportionate and dissuasive. Penalties for infringements of this Regulation may be linked to the global annual revenue of the undertaking concerned.
Annual implementation report
The Commission should, in consultation with the Firearms Imports and Exports Coordination Group, submit an annual report on the implementation and enforcement of this regulation. That annual report should be public. It should include information about 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 at Union and at Member States level. It should also inform about penalties applied by the Member States and assess their effectiveness.
Documents
2023/10/24
EP - Vote in committee, 1st reading
2023/10/24
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/09/21
EP - Committee opinion
Documents
2023/09/11
EP - Specific opinion
Documents
2023/07/07
EP - Amendments tabled in committee
Documents
2023/07/01
EP - ADAMOWICZ Magdalena (EPP) appointed as rapporteur in JURI
2023/06/05
EP - Committee draft report
Documents
2023/03/22
EP - RADEV Emil (EPP) appointed as rapporteur in LIBE
2023/03/16
EP - Referral to associated committees announced in Parliament
2023/01/31
CZ_SENATE - Contribution
Documents
2022/11/30
EP - LANGE Bernd (S&D) appointed as rapporteur in INTA
2022/11/09
EP - Committee referral announced in Parliament, 1st reading
2022/10/27
EC - Document attached to the procedure
Documents
2022/10/27
EC - Document attached to the procedure
Documents
2022/10/27
EC - Document attached to the procedure
Documents
2022/10/27
EC - Legislative proposal published
Details
PURPOSE: to update EU rules on the import, export and transit of firearms for civilian use.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: it is estimated that 35 million illicit firearms were owned by civilians in the EU in 2017 (56% of the estimated total of firearms). According to those estimates, illicit firearms outnumber legally-held firearms in 12 EU Member States.
The 2021 Serious and Organised Crime Threat Assessment, published by the European Union Agency for Law Enforcement Cooperation (Europol), pointed out that illegal firearms originate from within the EU but also from weapon stocks outside the EU. Trafficking of firearms into the EU from post-conflict countries is one of the main supply chains. Legacy weapons from the armed conflicts in the Western Balkans are the largest source for cross-border trafficking of firearms into the EU.
The proposal aims at combating and preventing firearms trafficking into and from the EU, including by addressing the risks at import and at export. At import, the two main risks are linked to the circumvention of unclear rules that enable the import of “semi-finished” firearms and components. These semi-finished firearms and components can be used to manufacture firearms at home, which are not correctly marked and registered. Furthermore, alarm and signal weapons that are convertible into lethal firearms are used all over the EU in criminal contexts.
At export, the main risk lies in the diversion of civilian firearms shipped to a non-EU country and being re-exported to countries subject to arms embargoes or sold to criminals and armed forces due to lack of controls and supervision before and after the export process.
This proposal also reflects the priorities of the Commission’s EU Strategy to tackle Organised Crime, which identifies firearms as a key enabler of the increasing violence by criminal groups. In addition, this proposal follows-up on the implementation of the 2020-2025 EU Action Plan on firearms trafficking.
CONTENT: the proposed Regulation lays down rules governing import and export authorisation, and import, export and transit measures for firearms, their essential components, ammunition and alarm and signal weapons for the purpose of 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.
This proposal aims to:
- enable coordinated controls between Member States and to ensure the traceability of firearms . Notably, the proposal provides for the proper recording of firearms-related information, responds to the need of improving the work of customs authorities in detection of illicit firearms, their components and ammunition, and limits the import of semi-finished firearms and essential components to arms dealers and brokers only, which is a key novelty;
- clarify the role of the licencing authorities . The proposal also aims to improve cooperation between law enforcement authorities (including customs) and licensing authorities, in both import and export, in order to improve the traceability of firearms, their components and ammunition;
- improve the systematic data collection on international movements of firearms for civilian use, as well as data on seized firearms. The proposal focuses on receiving annual data by Member States on the number of authorisations and refusals for authorisation as well as the quantities and values of civilian firearms imports and exports, by origin and destination;
- ensure a level playing field and to reduce the administrative burden placed on economic operators and firearms owners by creating a clear legal framework, focusing on digitalisation of procedures, and increasing the cooperation between customs and licensing authorities to facilitate the import, export and transit procedures.
State-to-State (i.e. government-to-government) transactions as well as direct sales to the armed forces, the police or public authorities will remain excluded from the scope of this initiative.
The updated rules will include:
- clear and common procedures for the import, export and transit of firearms for civilian use, their essential components, ammunitions and alarm and signal weapons;
- simplified import and export procedures for hunters, sport shooters and exhibitors;
- a new EU electronic licensing system for firearms manufacturers and dealers to apply for import and export authorisation, replacing the diverse, mostly paper-based national systems;
- strict technical standards for alarm and signal weapons, which are devices manufactured to only be able to fire blank, tear gas or irritant ammunition;
- stricter rules on semi-finished firearms components;
- an end-user certificate for the more dangerous firearms;
- strict checks on refusals to grant import or export authorisations.
Documents
Documents
- Text agreed during interinstitutional negotiations: PE759.983
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.983
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001606
- Committee report tabled for plenary, 1st reading: A9-0312/2023
- Committee opinion: PE749.313
- Specific opinion: PE752.959
- Amendments tabled in committee: PE751.636
- Committee draft report: PE748.984
- Contribution: COM(2022)0480
- Document attached to the procedure: SEC(2022)0330
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0298
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0299
- Legislative proposal published: COM(2022)0480
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0330
- Document attached to the procedure: EUR-Lex SWD(2022)0298
- Document attached to the procedure: EUR-Lex SWD(2022)0299
- Committee draft report: PE748.984
- Amendments tabled in committee: PE751.636
- Specific opinion: PE752.959
- Committee opinion: PE749.313
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001606
- Text agreed during interinstitutional negotiations: PE759.983
- Contribution: COM(2022)0480
| Amendments | Dossier |
| 308 |
2022/0288(COD)
2023/07/07
INTA
207 amendments...
Amendment 100 #
Proposal for a regulation Article 6 – paragraph 3 3. I
Amendment 101 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 102 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. The economic operator shall also verify if the imported firearms and their essential components comply with the required marking according to Article 4 of Directive (EU) 2021/555. In the absence of marking in accordance with these requirements, the economic operator shall arrange for the firearms and their essential components to be marked, without delay, after importation.
Amendment 103 #
Proposal for a regulation Article 6 – paragraph 4 b (new) 4b. The Commission and competent authorities granting the export authorisation, in case of suspicion, shall carry out post-shipment checks to ensure that the exported firearms and their essential components have been marked in accordance with Article 4 of Directive (EU) 2021/555.
Amendment 104 #
Proposal for a regulation Article 7 Amendment 105 #
Proposal for a regulation Article 7 Amendment 106 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 107 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 108 #
Proposal for a regulation Article 8 Amendment 109 #
Proposal for a regulation Article 8 Amendment 110 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 111 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 112 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 113 #
Proposal for a regulation Article 8 – paragraph 4 4. In case of diverging national practices, the Commission shall adopt implementing acts establishing an open list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.
Amendment 114 #
Proposal for a regulation Article 9 – paragraph 1 1. Import authorisation shall be necessary for the import of a firearm, an essential component
Amendment 115 #
Proposal for a regulation Article 9 – paragraph 1 1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition
Amendment 116 #
Proposal for a regulation Article 9 – paragraph 1 1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued
Amendment 117 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 118 #
Proposal for a regulation Article 9 – paragraph 4 4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed
Amendment 119 #
Proposal for a regulation Article 9 – paragraph 4 4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed
Amendment 120 #
Proposal for a regulation Article 9 – paragraph 4 4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed
Amendment 121 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – point b (b) the applicant has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Council Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a
Amendment 122 #
Proposal for a regulation Article 9 – paragraph 6 6. Competent authorities shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28 immediately after those decisions are taken and no later than two working days thereafter.
Amendment 123 #
Proposal for a regulation Article 9 – paragraph 6 6. Competent authorities shall immediately annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall
Amendment 124 #
Proposal for a regulation Article 9 – paragraph 6 6. Competent authorities shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall make this information immediately available to the customs authorities through the electronic licensing system referred to in Article 28.
Amendment 125 #
Proposal for a regulation Article 9 – paragraph 7 7. For the purpose of
Amendment 126 #
Proposal for a regulation Article 9 – paragraph 8 8. The Commission shall adopt an
Amendment 127 #
Proposal for a regulation Article 9 – paragraph 8 8. The Commission shall adopt a
Amendment 128 #
Proposal for a regulation Article 9 – paragraph 8 8. The Commission shall adopt a
Amendment 129 #
Proposal for a regulation Article 9 – paragraph 8 8. The Commission shall
Amendment 130 #
Proposal for a regulation Article 9 – paragraph 8 8. The Commission shall adopt a
Amendment 131 #
Proposal for a regulation 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 for fees for escorting
Amendment 132 #
Proposal for a regulation Article 12 – paragraph 4 4. As soon as the shipment of firearms, their essential components
Amendment 133 #
Proposal for a regulation Article 12 – paragraph 4 4. As soon as the shipment of firearms, their essential components
Amendment 134 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 135 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 136 #
Proposal for a regulation Article 14 – paragraph 2 2.
Amendment 137 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 138 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 139 #
Proposal for a regulation Article 14 – paragraph 3 3. The Commission shall adopt a
Amendment 140 #
Proposal for a regulation Article 14 – paragraph 3 3. The Commission shall adopt a
Amendment 141 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. Member States may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit
Amendment 142 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2a. Member States may decide that, if no objections to the transit are received within 20 working days from the date of the written application for approval of the transit submitted by the exporter, the consulted third country of transit shall be deemed to have no objection to the transit.
Amendment 143 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 144 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 145 #
Proposal for a regulation Article 15 – paragraph 4 4. Member States shall process applications for export authorisations within a period of time , which shall not exceed
Amendment 146 #
Proposal for a regulation Article 15 – paragraph 4 4. Member States shall process applications for export authorisations within a period of time , which shall not exceed
Amendment 147 #
Proposal for a regulation Article 15 – paragraph 4 4. Member States shall process applications for export authorisations within a period of time
Amendment 148 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 149 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall adopt an
Amendment 150 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall
Amendment 151 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall adopt a
Amendment 152 #
Proposal for a regulation Article 15 – paragraph 8 8. The exporter shall not be required to pay a fee or charge for the application for an export or intra-EU transit authorisation, except for fees for escorting
Amendment 153 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 154 #
Proposal for a regulation Article 16 – paragraph 3 3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article
Amendment 155 #
Proposal for a regulation Article 16 – paragraph 3 3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article
Amendment 156 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 157 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 158 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including
Amendment 159 #
Proposal for a regulation Article 18 – paragraph 2 2. In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation, Member States shall
Amendment 160 #
Proposal for a regulation Article 19 – paragraph 3 3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28. That obligation to make information available shall be without prejudice to any appeals procedure which may be applicable under national law.
Amendment 161 #
Proposal for a regulation Article 19 – paragraph 3 3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall
Amendment 162 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the competent authorities have suspended an export authorisation, their final assessment shall be communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28., immediately after that final assessment is made and no later than two working days thereafter.
Amendment 163 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the competent authorities have suspended an export authorisation, their final assessment shall be immediately communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28.
Amendment 164 #
Proposal for a regulation Article 19 – paragraph 5 5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be registered in the system referred to in Article 29, immediately after that final assessment is made and no later than two working days thereafter.
Amendment 165 #
Proposal for a regulation Article 19 – paragraph 5 5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be immediately registered in the system referred to in Article 29.
Amendment 166 #
Proposal for a regulation Article 19 – paragraph 6 – subparagraph 1 Amendment 167 #
Proposal for a regulation Article 19 – paragraph 6 – subparagraph 2 They may first consult the competent authorities of the Member State or Member States which issued refusals, annulments, suspensions, modifications or revocations under paragraphs 1 , 3 and 5 . If, following such consultation, the competent authorities of the Member State decide to grant an authorisation, they shall notify the competent authorities of the other Member States, as well as the Commission, providing all relevant information and justifications to explain the decision.
Amendment 168 #
Proposal for a regulation Article 20 – paragraph 1 a (new) 1a. The competent authority shall upload the proof of receipt referred in in paragraph 1 of this Article into the electronic licensing system referred to in Article 28. Where the competent authority does not obtain a proof of receipt from the exporter, it shall record that information in that electronic licencing system.
Amendment 169 #
Proposal for a regulation Article 20 – paragraph 2 a (new) 2a. Where the competent authority is unable to obtain a confirmation of receipt by the importing third country as set out in paragraph 2 of this Article, it shall record that information in the electronic licencing system referred to in Article 28.
Amendment 170 #
Proposal for a regulation Article 21 – paragraph 1 1. The Commission and competent authorities granting the export authorisation, in case of suspicion and on a regular basis, shall carry out post- shipment checks to ensure that the exported firearms, their essential components and ammunition are in line with the commitments made in the end- user certificate as set out in Annex IV.
Amendment 171 #
Proposal for a regulation Article 21 – paragraph 2 2. For the purposes of the previous paragraph, post-shipment checks may be carried by any third party expressly
Amendment 172 #
Proposal for a regulation Article 22 – paragraph 1 1. Firearms, their essential components
Amendment 173 #
Proposal for a regulation Article 22 – paragraph 1 1. Firearms, their essential components
Amendment 174 #
Proposal for a regulation Article 22 – paragraph 4 4. The custom authorities shall have the necessary powers and resources proportiante to the quantity of total annual authorisations and declarations for firearms, their essential components, ammunition or alarm and signal weapons as listed in Annex I for the proper performance of their tasks under this Regulation.
Amendment 175 #
Proposal for a regulation Article 22 – paragraph 5 5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms
Amendment 176 #
Proposal for a regulation Article 22 – paragraph 5 5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms, their essential components
Amendment 177 #
Proposal for a regulation Article 22 – paragraph 6 6. Without prejudice to paragraph 5 of this Article, customs authorities shall carry out controls on the customs declaration lodged in relation to the firearms, their essential components
Amendment 178 #
Proposal for a regulation Article 22 – paragraph 6 6. Without prejudice to paragraph 5 of this Article, customs authorities shall carry out controls on the customs declaration lodged in relation to the firearms, their essential components
Amendment 179 #
Proposal for a regulation Article 23 – paragraph 1 1. The Commission, competent authorities and customs authorities shall cooperate closely and regularly exchange information.
Amendment 180 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components
Amendment 181 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components
Amendment 182 #
Proposal for a regulation Article 23 – paragraph 3 3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities as well as to the Commission .
Amendment 183 #
Proposal for a regulation Article 23 – paragraph 3 3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities without delay.
Amendment 184 #
Proposal for a regulation Article 23 – paragraph 3 3. Where in relation to firearms, their essential components
Amendment 185 #
Proposal for a regulation Article 23 – paragraph 3 3. Where in relation to firearms, their essential components
Amendment 186 #
Without prejudice to any powers conferred on them under Regulation (EU) No 952/2013, customs authorities shall, for a period not exceeding 1
Amendment 187 #
Proposal for a regulation Article 24 – paragraph 4 – subparagraph 2 In exceptional circumstances
Amendment 188 #
Proposal for a regulation Article 24 – paragraph 4 – subparagraph 3 Customs authorities may suspend the import of the goods for the customs procedure concerned, if they have certain reasonable doubts and in such a case, they shall inform immediately, through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 10 working days, then the customs authority shall release the goods without delay.
Amendment 189 #
Proposal for a regulation Article 24 – paragraph 4 – subparagraph 3 Customs authorities
Amendment 190 #
Proposal for a regulation Article 24 – paragraph 5 5. Within the period or extended
Amendment 191 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – introductory part Where customs authorities discovers an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they shall without delay and no later than two working days from that discovery inform the competent authority in the country of the customs authority thereof. That competent authority shall:
Amendment 192 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – introductory part Where customs authorities discovers an illicit shipment of firearms, their components
Amendment 193 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – introductory part Where customs authorities discovers an illicit shipment of firearms, their components
Amendment 194 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – point b (b) in case of intra-EU transit or external-transit, without delay inform the competent authority of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components
Amendment 195 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – point b (b) in case of intra-EU transit or
Amendment 196 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, ammunition or alarm and signal weapons is detained. Where the competent authority of destination in the customs territory of the Union has taken such a decision, it shall communicate it to the customs authorities which discovered the illicit shipment, in writing no later than two working days from taking that decision.
Amendment 197 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components
Amendment 198 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components
Amendment 199 #
2. In case of suspicion of trafficking of firearms, their essential components
Amendment 200 #
Proposal for a regulation Article 25 – paragraph 2 2. In case of suspicion of trafficking of firearms, their essential components
Amendment 201 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. Seizure data shall include,
Amendment 202 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. Seizure data shall include
Amendment 203 #
Proposal for a regulation Article 25 – paragraph 3 – point c (c) information about manufacture
Amendment 204 #
Proposal for a regulation Article 25 – paragraph 3 – point c (c) information about manufacture
Amendment 205 #
Proposal for a regulation Article 25 – paragraph 3 – point ж (g) the means of transport and the nationality of the transportation company or person, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’, along with, where applicable, the registration number of the means of transport used;
Amendment 206 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Member States shall
Amendment 207 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Member States shall confidentially submit
Amendment 208 #
Proposal for a regulation Article 27 – paragraph 1 – point a (a) the number of authorisations and refusals and the reasons thereof, 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, the quantity and results of post-shipment checks at Member State level, the quantity and results of undertaken enforcement actions referred to in Article 32 at Member State level;
Amendment 209 #
(b) the information on firearms, essential components
Amendment 210 #
Proposal for a regulation Article 27 – paragraph 1 – point b (b) the information on firearms, essential components
Amendment 211 #
Proposal for a regulation Article 27 – paragraph 3 3. The Commission shall adopt
Amendment 212 #
Proposal for a regulation Article 27 – paragraph 3 3. The Commission shall adopt
Amendment 213 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point a (a) registration of economic operators and natural persons authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 214 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point a (a) registration of economic operators and natural persons authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 215 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point d (d) allow the risk profiling by competent authorities, customs authorities and the Commission of economic operators, which are person authorised,
Amendment 216 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point d (d) allow the risk profiling by competent authorities, customs authorities and the Commission of economic operators, which are person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components or ammunition listed in Annex I to this Regulation and risk profiling of firearms, their essential components
Amendment 217 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point f (f) allow communication between competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 218 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point f (f) allow communication between competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 219 #
Proposal for a regulation Article 28 – paragraph 2 2. The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating
Amendment 220 #
Proposal for a regulation Article 28 – paragraph 2 2. The Commission shall, by means of
Amendment 221 #
Proposal for a regulation Article 28 – paragraph 2 2. The Commission shall, by means of
Amendment 222 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall provide access to the electronic licensing system to customs authorities, competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 223 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall provide access to the electronic licensing system to customs authorities, competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components
Amendment 224 #
Proposal for a regulation 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, as applicable.
Amendment 225 #
Proposal for a regulation Article 28 – paragraph 4 a (new) 4a. The electronic licencing system shall become operational within 1 year from the entry into force of this Regulation;
Amendment 226 #
Proposal for a regulation Article 29 – paragraph 3 3. The Commission shall, by means of
Amendment 227 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3a. 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, as applicable.
Amendment 228 #
Proposal for a regulation Article 31 – paragraph 1 – introductory part 1. In order to ensure that this Regulation is properly applied, Member States shall take necessary and proportionate measures and provide the necessary resources to enable their competent authorities to:
Amendment 229 #
Proposal for a regulation Article 31 – paragraph 1 – point б (b) establish that the import and export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction, without prejudice to Member State laws requiring a court order to exercise such power.
Amendment 230 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective,
Amendment 231 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 1 – introductory part By six months after the entry into force of this Regulation at the latest, each Member State shall inform the
Amendment 232 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 1 – point а (
Amendment 233 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 2 Based on that information, the Commission shall publish and update on its website a list of those authorities
Amendment 234 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 2 a (new) The Commission shall, submit a public annual report on the implementation and enforcement of this Regulation. It shall include information on the quantity of authorisations and refusals, the quantities and values of 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 at Member States level. It shall also include information on the quantity of undertaken national enforcement actions referred to in Article 32, the quantitiy and results of post- shipment checks and the allocated resources and staffing levels of national competent authorities tasked with the implementation and enforcement of this Regulation.The report shall also inform about penalties applied by the Member States and assess their effectiveness.
Amendment 235 #
Proposal for a regulation Article 34 – paragraph 3 3. Upon request of the Coordination Group and in any event every
Amendment 236 #
Proposal for a regulation Article 34 – paragraph 3 3. Upon request of the Coordination Group and in any event every
Amendment 237 #
Proposal for a regulation Article 35 – paragraph 1 – point а a (new) (aa) set out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013;
Amendment 238 #
Proposal for a regulation Article 35 – paragraph 1 – point b Amendment 239 #
Proposal for a regulation Article 35 – paragraph 1 – point b Amendment 240 #
Proposal for a regulation Article 35 – paragraph 1 – point б a (new) (ba) and set out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.
Amendment 241 #
Proposal for a regulation Article 36 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 9(8), 15(7) and 35 shall be conferred on the Commission for an indeterminate period of time.
Amendment 242 #
Proposal for a regulation Article 36 – paragraph 3 3. The delegation of power referred to in Articles 9(8), 15(7) and 35 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 243 #
Proposal for a regulation Article 36 – paragraph 5 5. A delegated act adopted pursuant to Articles 9(8), 15(7) and 35 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 37 #
Proposal for a regulation Recital 17 (17) When firearms and their essential components are not properly marked according to Article 8 of the UN Firearms Protocol or pursuant to the Firearms Directive, Member States
Amendment 38 #
Proposal for a regulation Recital 25 a (new) (25a) Due to the return of armed conflict to the European continent and the risks of the proliferation of illegal weapons that this kind of conflict inevitably causes;
Amendment 39 #
Proposal for a regulation Recital 30 (30) To avoid risks of diversion while limiting the administrative burden, it is necessary to investigate suspicious situations in which Member States should request confirmation of receipt by the authorities of the third country of destination. If that confirmation of receipt cannot be obtained for any reason, that information should be recorded in the electronic licensing system for future reference.
Amendment 40 #
Proposal for a regulation Recital 35 (35) To enable the risk-based approach referred to in Article 22(6) for the firearms, their essential components, ammunition, and alarm and signal weapons listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange information. To that end, it is vital for the competent authorities, at both EU and Member State level, to have the necessary means to fulfil their public service mission as effectively as possible.
Amendment 41 #
(35) To enable the risk-based approach referred to in Article 22(6) for the firearms, their essential components, ammunition, and alarm and signal weapons listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange information. To that end, it is vital that they have the necessary means to fulfil their public service mission as effectively as possible
Amendment 42 #
Proposal for a regulation Recital 35 (35) To enable the risk-based approach referred to in Article 22(6) for the firearms, their essential components, ammunition, and alarm and signal weapons listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall have an obligation to cooperate
Amendment 43 #
Proposal for a regulation Recital 36 (36) In order to facilitate the tracing of firearms and efficiently combat trafficking in firearms, their essential components and ammunition, it is necessary to improve the exchange of information between Member States, in particular through the better use of existing communication channels as well as through the strengthening of the Coordination Group.
Amendment 44 #
Proposal for a regulation Recital 38 (38) Personal data is to be processed with the utmost vigilance and in accordance with the rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council38 and Regulation (EU) 2018/1725 of the European Parliament and of the Council39. _________________ 38 Regulation (EU) 2016/679 of the
Amendment 45 #
Proposal for a regulation Recital 42 (42) The overall enforcement of this Regulation will be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system will provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons. They will need to register in the electronic licencing system before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system. Where national systems with the same or similar functionalities already exist, an interconnection between them and the electronic licencing system can be established, so that all granted import and export authorisations are available in one central database.
Amendment 46 #
Proposal for a regulation Recital 47 (47) In order to set out the technical characteristics of semi-finished firearms and essential components, to amend Annex II and III to this Regulation and to maintain the list of firearms, their essential components
Amendment 47 #
Proposal for a regulation Recital 47 (47) In order to establish rules defining Union general import authorisation and Union general export authorisation, to set out the technical characteristics of semi- finished firearms and essential components, to amend Annex II and III to this Regulation and to maintain the list of firearms, their essential components , ammunition and alarm and signal weapons for which an authorisation is required under this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/8743 and to Annex I to Directive (EU) 2021/555 and of setting out the technical characteristics of semi-finished firearms and essential components and of adapting Annex II and
Amendment 48 #
Proposal for a regulation Recital 49 a (new) (49a) The Regulation has implications for the Union budget, in particular the total financial resources necessary to support the implementation of this proposal are estimated to be EUR 4.654 million for the period 2022-2027, of which EUR 2.904 million for administrative expenditure. The additional costs on EU economic operators imposed by this Regulation should be compensated in order to avoid loss of competitiveness at international level, taking into account the particular situation of SMEs.
Amendment 49 #
Proposal for a regulation Recital 49 a (new) (49a) With a view to safeguarding the sector's competitiveness, due consideration must be paid to the costs incurred by the companies involved, especially SMEs, as a result of the implementation of this Regulation. Possible forms of support and compensation will have to be identified by means of cooperation between the EU, Member States and operators in the sector.
Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for firearms, their essential components
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for firearms, their essential components
Amendment 52 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – paragraph 2 – point а a (new) (aa) ‘personal data’ means personal data as defined in Article 4(1) of Regulation (EU) 2016/679.
Amendment 53 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 54 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 55 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 56 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘essential component
Amendment 57 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Amendment 58 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Amendment 61 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘deactivated firearms’ means
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 63 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘alarm and signal weapons’ means
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds, such as firework rockets, and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 – introductory part 29. ‘dealer’ means a
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 – point a Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 – point b Amendment 69 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 – introductory part 30. ‘broker’ means a
Amendment 70 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 – point a Amendment 71 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 – point b Amendment 72 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 – point c (c) an Union general import authorisation for importers to the customs territory of the Union that is available to all importers who respect the conditions and requirements listed in chapter II of this Regulation and in the
Amendment 73 #
Proposal for a regulation Article 3 – paragraph 1 – point c a (new) (ca) d) collectors and bodies interested in the sporting, cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purposes of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
Amendment 74 #
Proposal for a regulation Article 3 – paragraph 1 – point c a (new) (ca) (d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
Amendment 75 #
Proposal for a regulation Article 3 – paragraph 1 – point c b (new) (cb.) e) deactivated firearms;
Amendment 76 #
Proposal for a regulation Article 3 – paragraph 1 – point c b (new) (cb) (e) deactivated firearms;
Amendment 77 #
Proposal for a regulation Article 4 Amendment 78 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 79 #
Amendment 80 #
Proposal for a regulation Article 4 – paragraph 2 2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation subject to the conditions set out in Article 6 of this Regulation.
Amendment 81 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 82 #
Proposal for a regulation Article 5 – paragraph 1 1. Economic operators established in the customs territory of the Union shall only import a firearm, their essential components
Amendment 83 #
Proposal for a regulation Article 5 – paragraph 1 1. Economic operators established in the customs territory of the Union shall only import a firearm, their essential components, ammunition
Amendment 84 #
Proposal for a regulation Article 5 – paragraph 2 – point a Amendment 85 #
Proposal for a regulation Article 5 – paragraph 2 – point a Amendment 86 #
Proposal for a regulation Article 5 – paragraph 2 – point a – point a (a) the rules on marking referred to in Article
Amendment 87 #
Proposal for a regulation Article 5 – paragraph 2 – point b (b) keep all certificates
Amendment 88 #
Proposal for a regulation Article 5 – paragraph 2 – point b (b) keep all
Amendment 89 #
Proposal for a regulation Article 5 – paragraph 2 – point c (c) further to a reasoned request from an authority referred to in Article 34(2) provide that authority with all information and documentation necessary to demonstrate the conformity of the firearms, their essential components, ammunition
Amendment 90 #
Proposal for a regulation Article 5 – paragraph 2 – point c (c) further to a reasoned request from an authority referred to in Article 34(2) provide that authority with all information and documentation necessary to demonstrate the conformity of the firearms, their essential components
Amendment 91 #
Proposal for a regulation Article 5 – paragraph 2 – point d (d) when having reason to believe that a firearm, their essential components, ammunition and alarm and signal weapons in question may not comply with the Union firearms legislation, immediately inform the authorities referred to in Article 34(2) of this Regulation thereof;
Amendment 92 #
Proposal for a regulation Article 5 – paragraph 2 – point e a (new) (ea) be registered in national databases kept by respective national authorities.
Amendment 93 #
Proposal for a regulation Article 6 Amendment 94 #
Proposal for a regulation Article 6 – paragraph 1 1. Firearms or their essential components
Amendment 95 #
Proposal for a regulation Article 6 – paragraph 1 1. Firearms or their essential components
Amendment 96 #
Proposal for a regulation Article 6 – paragraph 1 1. Firearms or their essential components shall be imported provided that they are marked in accordance with Article
Amendment 97 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 98 #
Proposal for a regulation Article 6 – paragraph 2 2. In the
Amendment 99 #
Proposal for a regulation Article 6 – paragraph 2 2. In the
source: 751.636
2023/07/10
LIBE
101 amendments...
Amendment 100 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. Seizure data
Amendment 101 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. Seizure data shall include
Amendment 102 #
Proposal for a regulation Article 25 – paragraph 3 – point a a (new) (aa) use of 3D printing technology to manufacture firearms or their components;
Amendment 103 #
Proposal for a regulation Article 25 – paragraph 4 4.
Amendment 104 #
Proposal for a regulation Article 26 – paragraph 1 1. In accordance with their national law or practice in force, Member States shall keep
Amendment 105 #
Proposal for a regulation Article 26 – paragraph 1 1. In accordance with their national law
Amendment 106 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Member States
Amendment 107 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Member States shall
Amendment 108 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Member States shall confidentially submit
Amendment 109 #
Proposal for a regulation Article 27 – paragraph 1 – point a (a) the number of authorisations and refusals, the reason for 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, the quantity and results of post-shipment checks at Member State level, the quantity and results of undertaken enforcement actions referred to in Article 32 at Member State level;
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 111 #
Proposal for a regulation Article 27 – paragraph 2 a (new) 2a. The Commission shall, in consultation with the Firearms Imports and Exports Coordination Group, submit an annual report to the European Parliament and the Council on the implementation of this Regulation. That annual report shall be public. It shall include information about 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 at Union and at Member States level. It shall also include information on the administration, in particular staffing, and the enforcement of controls, in particular the number and results of the post-shipment checks at Union and national level.
Amendment 112 #
Proposal for a regulation Article 27 – paragraph 3 3. The Commission shall adopt
Amendment 113 #
Proposal for a regulation Article 27 – paragraph 3 3. The Commission shall adopt
Amendment 114 #
Proposal for a regulation Article 27 – paragraph 3 a (new) 3a. The Commission shall submit to the European parliament and the Council a public annual report on the implementation and enforcement of this Regulation. It shall include information on the quantity of authorisations and refusals, the quantities and values of 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 at Member States level. It shall also include information on the quantity of undertaken national enforcement actions referred to in Article 32, the quantitiy and results of post-shipment checks and the allocated resources and staffing levels of national competent authorities tasked with the implementation and enforcement of this Regulation.
Amendment 115 #
Proposal for a regulation 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 116 #
Amendment 117 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 The Commission shall without delay establish and maintain an electronic licensing system for import and export authorisations and decisions related to them pursuant to Articles 9 and 14 of this Regulation. Member States shall take all necessary measures to speed up the implementation of the electronic licensing system. All the functionalities of the licensing system shall be established by ... [five years after the adoption of this Regulation].
Amendment 118 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 – point d Amendment 119 #
Proposal for a regulation Article 28 – paragraph 2 2. The Commission shall, by means of
Amendment 120 #
Proposal for a regulation Article 28 – paragraph 4 4. The Commission shall provide for interconnection between the electronic licensing system and the electronic national licencing systems, as well as with the Dual-Use e-System (DUeS), if established.
Amendment 121 #
Proposal for a regulation 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 122 #
Proposal for a regulation Article 29 – paragraph 1 1. The Commission, in consultation with the Coordination Group established by Article 33, shall develop or chose a secure and encrypted system to
Amendment 123 #
Proposal for a regulation Article 29 – paragraph 1 1. The Commission, in consultation with the
Amendment 124 #
Proposal for a regulation Article 29 – paragraph 3 3. The Commission shall,
Amendment 125 #
Proposal for a regulation Article 29 – paragraph 3 3. The Commission shall, by means of
Amendment 126 #
Proposal for a regulation 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.
Amendment 127 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation, notify them to the European Commission and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Penalties for infringements of this Regulation shall be linked to the annual worldwide turnover of the undertaking concerned.
Amendment 128 #
Proposal for a regulation Article 34 – paragraph 3 3. Upon request of the Coordination Group or the European Parliament and in any event every
Amendment 129 #
Proposal for a regulation Article 35 – paragraph 1 – point c a (new) (ca) (ca) establish a uniform end-user certificate
Amendment 130 #
Proposal for a regulation Article 35 – paragraph 1 – point c b (new) (cb) (cb) establish the rules and format to be used by Member States for providing the Commission with anonymized statistical date as referred to Article 27
Amendment 132 #
Proposal for a regulation Annex IV – paragraph 1 – introductory part The e
Amendment 133 #
Proposal for a regulation Annex IV – paragraph 1 – point b (b) details of the
Amendment 134 #
Proposal for a regulation Annex IV – paragraph 1 – point f (f) signature, name and title of the
Amendment 135 #
Proposal for a regulation Annex IV – paragraph 1 – point i (i) the date of issue of the e
Amendment 136 #
Proposal for a regulation Annex IV – paragraph 1 – point j (j) if applicable, a unique identifying number or contract number relating to the e
Amendment 36 #
Proposal for a regulation – The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 37 #
Proposal for a regulation Recital 6 (6)
Amendment 38 #
Proposal for a regulation 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 39 #
Proposal for a regulation Recital 7 (7) This Regulation does not affect the application of Article 346 of the Treaty on the Functioning of the European Union, which refers to essential interests of the security of the Member States, nor has this Regulation any impact on Directive 2009/43/EC of the European Parliament and of the Council
Amendment 40 #
Proposal for a regulation Recital 29 (29) It is necessary to ensure that the conditions of export authorisations continue to
Amendment 41 #
Proposal for a regulation Recital 32 (32) Member States should provide access to the European Criminal Records Information System (ECRIS) to the competent authorities for the purpose of the implementation of this Regulation, and they should have available the human and material resources needed for this task.
Amendment 42 #
Proposal for a regulation Recital 34 (34)
Amendment 43 #
Proposal for a regulation Recital 34 (34) In order to ensure the traceability of firearms, their essential components and ammunition, it is
Amendment 44 #
Proposal for a regulation Recital 35 (35) To enable the risk-based approach referred to in Article 22(6) for the firearms, their essential components, ammunition, and alarm and signal weapons listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange information. This should include stricter assessments of the human rights and security situation in the recipient country and greater transparency in the export licensing process. Strengthening the criteria for issuing export licenses has to ensure that arms exports do not contribute to human rights violations or armed conflicts.
Amendment 45 #
Proposal for a regulation Recital 36 a (new) (36a) In order to promote responsible firearm ownership and reduce the risk of firearm-related accidents and misuse, Member States should establish national registries of firearms and their owners, mandate firearm safety training, and impose strict penalties for firearm-related offenses.
Amendment 46 #
Proposal for a regulation Recital 40 (40) To guarantee the effective flow of information, competent authorities
Amendment 47 #
Proposal for a regulation 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
Amendment 48 #
Proposal for a regulation 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 49 #
(42) The overall enforcement of this Regulation will be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system will provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons.
Amendment 50 #
Proposal for a regulation Recital 42 (42) The overall enforcement of this Regulation
Amendment 51 #
Proposal for a regulation Recital 42 a (new) (42a) The electronic license system should not be used for purposes outside of the scope of this Regulation and cannot be interconnected with any other database which might contain personal data.
Amendment 52 #
Proposal for a regulation 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 Amendment 54 #
Proposal for a regulation Article 6 – paragraph 1 1. Firearms or their essential components shall be imported provided that they are marked prior to their placement on the market in accordance with Article 4 of Directive (EU) 2021/555.
Amendment 55 #
Proposal for a regulation Article 9 – paragraph 4 4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed
Amendment 56 #
Proposal for a regulation Article 9 – paragraph 4 a (new) Amendment 57 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – introductory part Amendment 58 #
Proposal for a regulation 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) (bb) the applicant has been adjudicated as mentally disabled or has been committed to any mental institution
Amendment 60 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – point c (c) the firearm to be imported was declared lost, stolen
Amendment 61 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – point c (c) the firearm to be imported was declared lost, stolen or otherwise sought for seizure in the
Amendment 62 #
Proposal for a regulation Article 9 – paragraph 6 6.
Amendment 63 #
Proposal for a regulation Article 9 – paragraph 6 6. Competent authorities shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28, as soon as such decisions are taken.
Amendment 64 #
Proposal for a regulation Article 9 – paragraph 7 7. For the purpose of the paragraph 5, the relevant authorities in each Member State
Amendment 65 #
Proposal for a regulation Article 9 – paragraph 9 9. The importer shall
Amendment 66 #
Proposal for a regulation Article 14 – paragraph 2 2. Competent authorities may only grant export authorisations for firearms of categories A, B and
Amendment 67 #
Proposal for a regulation Article 14 – paragraph 2 2. Competent authorities may only grant export authorisations for firearms of categories A and B of Annex I if the application for such authorisation is accompanied by an e
Amendment 68 #
Proposal for a regulation Article 14 – paragraph 3 3. The Commission shall adopt an implementing act to establish a
Amendment 69 #
Proposal for a regulation Article 14 – paragraph 3 3. The Commission shall adopt a
Amendment 70 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 71 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) The competent authorities of a Member State shall, for a period not exceeding 10 working days, suspend the process of export or, if necessary, otherwise prevent firearms, their essential components or ammunition from leaving the customs territory of the Union through that Member State, where they have grounds for suspicion that the reasons substantiated by hunters or sport shooters are not in conformity with the relevant considerations and the obligations laid down in Article 18 of this Regulation. In exceptional circumstances and for duly justified reasons, the period referred to in this point may be extended by the competent authorities to
Amendment 72 #
Proposal for a regulation 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) (ib) the applicant has been adjudicated as mentally disabled or has been committed to any mental institution
Amendment 74 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 – point a – point ii (ii) the firearms as described in Annex I to this Regulation were declared lost, stolen
Amendment 75 #
Proposal for a regulation Article 19 – paragraph 2 2. For the purpose of paragraph 1 of this Article, competent authorities shall check the absence of a criminal record related to the offences referred to under paragraph 1(a)(i) in the European Criminal Record Information System ‘ECRIS’ and the absence of the firearm sought for seizure or used as evidence in criminal proceedings in the Schengen Information System.
Amendment 76 #
Proposal for a regulation Article 19 – paragraph 3 3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available without delay to the customs authorities through the electronic licensing system referred to in Article 28.
Amendment 77 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the competent authorities have suspended an export authorisation, their final assessment
Amendment 78 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the competent authorities have suspended an export authorisation, their final assessment shall be without delay communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28.
Amendment 79 #
Proposal for a regulation Article 19 – paragraph 5 5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be without delay registered in the system referred to in Article 29.
Amendment 80 #
Proposal for a regulation Article 19 – paragraph 6 – subparagraph 2 They may first consult the competent authorities of the Member State or Member States which issued refusals, annulments, suspensions, modifications or revocations under paragraphs 1 , 3 and 5 . If, following such consultation, the competent authorities of the Member State decide to grant an authorisation, they shall without delay notify the competent authorities of the other Member States, providing all relevant information to explain the decision.
Amendment 81 #
Proposal for a regulation Article 19 – paragraph 8 8. The competent authorities shall check annually that the conditions of authorisation are met throughout the duration of the authorisation. Such checks
Amendment 82 #
Proposal for a regulation Article 20 – paragraph 1 1. Within
Amendment 83 #
Proposal for a regulation Article 20 – paragraph 2 2. In the absence of such a proof of receipt of the dispatched shipments as referred to in paragraph 1 of this Article within
Amendment 84 #
Proposal for a regulation Article 21 – paragraph 1 1. The Commission and competent authorities granting the export authorisation,
Amendment 85 #
Proposal for a regulation Article 21 – paragraph 1 1. The Commission and competent authorities granting the export authorisation, in case of suspicion, shall carry out post-shipment checks to ensure that the exported firearms, their essential components and ammunition are in line with the commitments made in the e
Amendment 86 #
Proposal for a regulation Article 23 – paragraph 1 1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information. The improved and strengthened international cooperation through systematic sharing of information on arms trafficking routes, best practices for border security, and joint investigations and operations to disrupt illicit arms flows will help to combat illegal arms trafficking and other forms of transnational organized crime.
Amendment 87 #
Proposal for a regulation Article 23 – paragraph 1 1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information. Any information containing personal data shall be handled in accordance with Regulation (EU) 2016/679 and equivalent laws and regulations, as well as in respect of the Charter of Fundamental Rights of the European Union.
Amendment 88 #
Proposal for a regulation Article 23 – paragraph 1 1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information to the extent that is necessary and proportionate for the performance of the tasks under their respective remits.
Amendment 89 #
Proposal for a regulation Article 23 – paragraph 1 1. The European Commission,
Amendment 90 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. Access to relevant databases and the electronic licensing system can only be granted to persons who have received proper training on adequate data protection, including Regulation (EU) 2016/679, the Charter of Fundamental Rights of the European Union and other relevant laws and regulations in relation to the processing of personal data.
Amendment 91 #
Proposal for a regulation Article 23 – paragraph 1 b (new) Amendment 92 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weapons
Amendment 93 #
Proposal for a regulation Article 23 – paragraph 3 3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they
Amendment 94 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 1 (new) Member States should establish clear and consistent reporting standarts to track the export, import, and transit of firearms, their essential components, and ammunition. This would ensure that member states have reliable data to influance policy making and assess the impact of this regulation.
Amendment 95 #
Proposal for a regulation Article 24 – paragraph 4 – subparagraph 3 Customs authorities
Amendment 96 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – point a (a) without delay, inform the competent authority of destination in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons;
Amendment 97 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 – point b (b) in case of intra-EU transit or external-transit, without delay inform the competent authority of the Member State of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons.
Amendment 98 #
Proposal for a regulation Article 25 – paragraph 2 2. In case of reasonable suspicions of trafficking of firearms, their essential components, ammunition or alarm and signal weapons,
Amendment 99 #
Proposal for a regulation Article 25 – paragraph 2 2. In case of suspicion 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
source: 751.576
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