Changes from plenary report to adopted text

RemovedThis recital is needed to further explain the issues at stake with this regulation. It is well known and documented that some of the weapons delivered to Ukraine to enable it to resist the Russian aggression are sold on the European black market.

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 34: (34) For the purpose of this regulation, in order to ensure the traceability of firearms, their essential components and ammunition, it is of the utmost importance that customs are granted access to the secure information exchange network application (SIENA) of Europol. This access should be limited and proportional for the purpose of fulfilling the obligations laid down in this regulation. Member States that apply the Regulation (EU) 2016/794 of the European Parliament and the Council37 should grant this access.

RemovedRecital 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 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.

RemovedRecital 36: (36) In order to facilitate the tracing of firearms and efficiently combat trafficking in firearms, their essential components and ammunition, it is of the utmost importance that the exchange of information between Member States is improved, in particular through the better use of existing communication channels as well as through the strengthening of the Coordination Group. The improved and strengthened international cooperation through systematic sharing of information on arms trafficking routes, training of customs officials on firearms trafficking, and joint investigations and operations to disrupt illicit arms flows will help to combat illegal arms trafficking and other forms of transnational organized crime.

RemovedRecital 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.

RemovedThe protection of personal data is one of the pillars of EU action and principles and therefore recital 38 needs to be strengthened.

RemovedRecital 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.

RemovedRecital 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 licensing system before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system. As the electronic licensing system is the technical basis for the traceability of firearms and their essential components, of ammunition and of alarm and signal weapons, it should be fully functioning as soon as possible. Member States should therefore take all measures necessary to achieve that goal. 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.

RemovedRecital 42 a (new): (42a) The electronic license system should not be used for purposes outside of the scope of this Regulation.

RemovedRecital 47: (47) In order to supplement or amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in respect of 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 as well as in respect of establishing rules defining Union general import authorisation and Union general export authorisation, establishing a uniform end-user certificate, establishing the additional rules for providing the statistical data and for the exchange of information regarding refusals to grant import or export authorisations, and in respect of setting out the technical characteristics of semi-finished firearms and semi-finished essential components and of adapting Annex II and III to this Regulation to the digitalisation and changes in customs procedures. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings …

RemovedArticle 2 – paragraph 1 – point 1 a (new): 1a. ‘personal data’ means personal data as defined in Article 4(1) of Regulation (EU) 2016/679;

RemovedArticle 2 – paragraph 1 – point 2: deleted

RemovedArticle 2 – paragraph 1 – point 3: 3. ‘essential component’ means an essential component as defined in Article 1(1)(2) of Directive 2021/555

RemovedArticle 2 – paragraph 1 – point 7: 7. ‘deactivated firearms’ means deactivated firearms as defined in Article 1(1)(6) of Directive 2021/555;

RemovedArticle 2 – paragraph 1 – point 8: 8. ‘alarm and signal weapons’ means alarm and signal weapons as defined in Article 1(1)(4) of Directive 2021/555;

RemovedArticle 2 – paragraph 1 – point 29 – introductory part: 29. ‘dealer’ means a dealer as defined in Article 1(1)(9) of Directive 2021/555:

RemovedArticle 2 – paragraph 1 – point 29 – point a: deleted

RemovedArticle 2 – paragraph 1 – point 29 – point b: deleted

RemovedArticle 2 – paragraph 1 – point 30 – introductory part: 30. ‘broker’ means a broker as defined in Article 1(1)(10) of Directive 2021/555:

RemovedArticle 2 – paragraph 1 – point 30 – point a: deleted

RemovedArticle 2 – paragraph 1 – point 30 – point b: deleted

RemovedArticle 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 delegated act referred to in Article 9(8) of this Regulation;

RemovedArticle 2 – paragraph 1 – point 32 – point c: (c) a Union general export authorisation for exports to certain countries of destination that is available to all exporters who respect the conditions and requirements listed in chapter III of this Regulation and in the delegated act referred to in Article 15(7) ;

RemovedArticle 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, without delay inform the authorities referred to in Article 34(2) of this Regulation thereof;

RemovedArticle 5 – paragraph 2 – point e a (new): (ea) be registered in national databases kept by respective national authorities

RemovedArticle 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.

RemovedArticle 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 through the electronic licensing system referred to in Article 28.

RemovedArticle 9 – paragraph 4: 4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 45 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended to 70 working days.

RemovedArticle 9 – paragraph 4 a (new): 4a. In deciding whether to grant an import authorisation under this Regulation, Member States shall take into account all relevant considerations including their obligations and commitments as parties to relevant international treaties, considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP. They shall also respect their obligations with regard to sanctions imposed by decisions adopted by the Council, by decisions of the Organisation for Security and Cooperation in Europe (OSCE) or by binding resolutions of the Security Council of the United Nations, in particular as regards arms embargoes.

RemovedArticle 9 – paragraph 5 – subparagraph 1 – point b a (new): (ba) the applicant is a natural person who has been found to be mentally incapacitated to manage some or all of his or her affairs by a decision of a court or an independent administrative authority which is in effect at the time of lodging the application;

RemovedArticle 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 make this information available to the customs authorities as well as the Commission through the electronic licensing system referred to in Article 28 immediately after those decisions are taken and no later than two working days thereafter. All national customs authorities shall enforce such decisions.

RemovedArticle 9 – paragraph 7: 7. For the purpose of the paragraph 5, the relevant authorities in each Member State shall check the absence of a criminal record in the European Criminal Record Information System ‘ECRIS’ and if the firearm is reported as lost, stolen or under investigation in the relevant EU, national or international databases.

RemovedArticle 9 – paragraph 8: 8. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to supplement this Regulation by establishing rules defining a adopt an implementing act to establish an Union general import authorisation and setting 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.

RemovedArticle 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 the consignment.

RemovedArticle 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 export certificate compliant with Annex IV issued by the importer in the country of final destination. In the case of export to a private company that resells the goods on a local market, that company will be regarded as the end-user for the purposes of this Regulation.

RemovedArticle 14 – paragraph 3: 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to establish a uniform export certificate in Annex IV, Part II.

RemovedArticle 15 – paragraph 4: 4. Member States shall process applications for export authorisations within a period of time, which shall not exceed 45 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended by the competent authorities to 70 working days.

RemovedArticle 15 – paragraph 6: deleted

RemovedArticle 15 – paragraph 7: 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to supplement this Regulation by establishing rules defining an Union general export authorisation and setting 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.

RemovedArticle 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 the consignment.

RemovedArticle 16 – paragraph 1 – point g: (g) the final recipient;

RemovedThis amendment is necessary for the internal logic of the text and is inextricably linked to other admissible amendments relating to the import and export of firearms.

RemovedArticle 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 20 working days.

RemovedArticle 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:

RemovedThis amendment is necessary for the internal logic of the text and is inextricably linked to other admissible amendments relating to the import and export of firearms.

RemovedArticle 19 – paragraph 1 – subparagraph 1 – point a – point i a (new): (ia) the applicant is a natural person who has been found to be mentally incapacitated to manage some or all of his or her affairs by a decision of a court or an independent administrative authority which is in effect at the time of lodging the application;

RemovedArticle 19 – paragraph 3: 3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information without delay 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.

RemovedArticle 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, as soon as such final assessment is made and no later than two working days thereafter.

RemovedArticle 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.

RemovedArticle 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, as well as the Commission, providing all relevant information and justifications to explain the decision.

RemovedArticle 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 shall be based on representative samples of all authorisations in force. Each export authorisation shall be individually verified at least every two years by the competent authorities. Member States shall report to the Coordination Group on the results of the checks and verifications. The reports shall be discussed in the Coordination Group established by Article 33.

RemovedArticle 20 – paragraph 1: 1. Within one month after the exit of the customs territory of the Union, the exporter shall provide to competent authority that delivered the export authorisation, proof of the receipt of the dispatched shipment of firearms, essential components or ammunition in the third country of import, which shall notably be ensured by producing the relevant customs import documents.

RemovedArticle 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.

RemovedArticle 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 one month after the exit of the customs territory of the Union, or in case of suspicion, Member States’ competent authority shall immediately request from the customs authorities of export to confirm that the export declaration has been lodged and that firearms, their essential components and ammunition as listed in Annex I have exited the customs territory of the Union, and , request the importing third country to confirm receipt of the dispatched shipment of firearms, their essential components or ammunition.

RemovedArticle 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.

RemovedArticle 21 – paragraph 1: 1. The Commission and competent authorities granting the export authorisation shall 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.

RemovedArticle 21 – paragraph 2: 2. For the purposes of the previous paragraph, post-shipment checks may be carried by any third party expressly authorised for that purpose by the Commission or by the Member States concerned.

RemovedArticle 22 – paragraph 4: 4. The custom authorities shall have the necessary powers and resources proportionate 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.

RemovedArticle 23 – paragraph 1: 1. The Commission, competent authorities and customs authorities shall on a regular and binding basis cooperate closely and exchange information.

RemovedArticle 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 without delay.

RemovedArticle 24 – paragraph 4 – subparagraph 3: Customs authorities shall 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 20 working days, then the customs authority shall release the goods without delay.

RemovedArticle 24 – paragraph 5: 5. Within the period or extended period referred to in paragraph 4, Member States shall either release the firearms, their essential components or ammunition, or take action pursuant to Article 19 (1), point (b).

RemovedArticle 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:

RemovedArticle 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.

RemovedArticle 25 – paragraph 2: 2. In case of reasonable 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 shall be shared by the customs authority with the competent authorities referred to in Article 34(2) of this Regulation through Europol’s Secure Information Exchange Network Application, specifying the justification and evidence relating to the reasonable suspicion.

RemovedArticle 25 – paragraph 3 – introductory part: 3. Seizure data shall include the following information:

RemovedArticle 25 – paragraph 3 – point g: (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;

RemovedArticle 27 – paragraph 1 – introductory part: 1. Member States shall submit to the Commission via suitable confidential means, including via the secure and encrypted system to be provided according to Article 29, each year by 31 July, their national annual data for the preceding year on:

RemovedArticle 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;

RemovedArticle 27 – paragraph 3: 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to supplement this Regulation by establishing additional rules and a format to be used by Member States for providing the Commission with anonymised statistical data as referred to in paragraph 1 and 2 of this Article.

RemovedArticle 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].

RemovedArticle 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 exchange of data with other IT systems of Union bodies and Member State authorities competent for implementing this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.

RemovedArticle 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.

RemovedArticle 29 – paragraph 1: 1. The Commission, in consultation with the Coordination Group established by Article 33, the European Parliament and the Council shall develop or chose a secure and encrypted system to guarantee direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations. The system shall be established by ... [two years after the adoption of this Regulation].

RemovedArticle 29 – paragraph 3: 3. The Commission shall, be empowered to adopt delegated acts in accordance with Article 36 in order to supplement this Regulation by establishing additional rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations.

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 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 may be linked to the global annual revenue of the undertaking concerned.

RemovedArticle 34 – paragraph 2 – subparagraph 1 – point а: (а) the national authority responsible for the integral control of firearms and the coordination of the different authorities with competences in the fight against firearms trafficking (national firearms focal points);

RemovedArticle 34 – paragraph 2 – subparagraph 2: Based on that information, the Commission shall publish and update on its website a list of those authorities as and when changes occur.

RemovedArticle 34 – paragraph 2 – subparagraph 2 a (new): The Commission shall, in consultation with the Firearms Imports and Exports Coordination Group, submit an annual report on the implementation and enforcement of this regulation to the European Parliament and the Council. 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. The report shall also inform about penalties applied by the Member States and assess their effectiveness.

RemovedArticle 34 – paragraph 3: 3. Upon request of the Coordination Group or the European Parliament and in any event every 5 years, the Commission on the basis of the annual implementation reports shall review the implementation of this Regulation and present a report to the European Parliament and the Council on its application, which may include proposals for its amendment. Member States shall provide the Commission with all appropriate information for the preparation of the report. The Commission shall publish a first interim application report by 3 years after the entry into force of this Regulation.

RemovedArticle 36 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 9(8), 14(3), 15(7), 27(3), 29(3) and 35 shall be conferred on the Commission for an indeterminate period of time.

RemovedArticle 36 – paragraph 3: 3. The delegation of power referred to in Articles 9(8), 14(3), 15(7), 27(3), 29(3) 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.

RemovedArticle 36 – paragraph 5: 5. A delegated act adopted pursuant to Articles 9(8), 14(3), 15(7), 27(3), 29(3) 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.

RemovedAnnex IV – subheading 1: Export certificate

RemovedAnnex IV – paragraph 1 – introductory part: The export certificate is to include at least the following information:

RemovedAnnex IV – paragraph 1 – point b: (b) details of the importer (including name, address, business name and, if available, company registration number). In the case of export to a private company that resells the goods on a local market, that company will be regarded as the importer for the purposes of this Regulation. This shall not prevent Member States from evaluating licence applications that concern exports to resellers differently from licence applications concerning exports to importers;

RemovedAnnex IV – paragraph 1 – point f: (f) signature, name and title of the importer;

RemovedAnnex IV – paragraph 1 – point i: (i) the date of issue of the export certificate;

RemovedAnnex IV – paragraph 1 – point j: (j) if applicable, a unique identifying number or contract number relating to the export certificate;

RemovedThe numbers are shocking: An estimated 35 million illicit firearms are in the hands of civilians, accounting for over 50 percent of all firearms in the European Union. Around 630,000 of civilian firearms are reported as lost or stolen in the Schengen Information System. Evidently, the current rules are insufficient. The proliferation of illicit firearms poses a significant threat to public safety. This is unacceptable and it is time to set up a stronger legal framework for the fight against the illicit trade of firearms for civilian use.

RemovedMore responsibility must be taken regarding the traceability of firearms sold, for example to the U.S market - one of the main destinations of European firearms. We must work towards more transparency in order to gain insight of who is receiving firearms for civilian use from the European Union. Looking at the progress made recently with the stricter rules for the Dual- Use Export Control system and the Anti-Torture regulation, it is about high time to also update and strengthen the rules on the import, export and transit measures for firearms, their essential components and ammunition. We have to make certain that these arms are not being diverged and minimize the risk of misuse. I urge furthermore, that firearms entering into the European Union are properly checked, especially those coming from former conflict regions.

RemovedThis being said, I welcome the proposal of the European Commission. I strongly agree that the main focus needs to be put on the traceability. The basis to achieve this is on the one hand the digitalisation of the required data and on the other hand a proper exchange of information between the competent and custom authorities, not only at national level but also between the Member States. In order to achieve traceability, it is of the utmost importance to track import, transit and export while ensuring dealers are licensed, and that semi-components and parts are also checked and registered.

RemovedTraceability and transparency are the key elements for the functioning of the new rules.

RemovedAs the Rapporteur for this Proposal presented by the European Commission, I find the proposed steps taken towards enhancing firearm regulations to be a good starting point. However, I believe that further improvements are necessary to ensure that the updated rules are even more effective in the fight against illicit firearms.

RemovedFirstly, we must turn our focus on the quality of data. The annual reports by the Member States should not only contain the number of refusals but also the reasons for the refusals. Moreover, they should also include the number of post shipment checks and the results. With this information, it becomes much simpler to evaluate and to improve the legislation in future times.

RemovedTo increase transparency, the annual report statistics should be made publically available. This step allows the citizens of the European Union to have direct access to relevant information. There should be no secrets about the number of civilian firearms, their essential components and ammunition, entering and leaving the European Union. European citizens have the right to know the numbers.

RemovedAdditionally, it is imperative to involve the European Parliament more extensively in the control of implementation and the further development of the regulation. Therefore most of the foreseen implementing acts should be changed into delegated acts. For example, it is of significant importance for the European Parliament’s participation in establishing uniform end-user certificates as well as the rules for providing anonymized statistical data from the Member State or for the functioning of the exchange of information between Member States. Our active participation will ensure democratic oversight and reinforce accountability.

RemovedFast digitalisation is another crucial aspect that demands attention. It is unacceptable that the vast majority of the Member States are still using paperwork. The whole system will only work at its best when the EU-wide centralised digital control of authorisations is completely in place. We must therefore stress the importance of a swift implementation time with clear deadlines for the central database, as there is an urgency of the matter. By achieving faster digitalisation, we can effectively track firearms movement.

RemovedFurthermore, I advocate for the addition of an end-user certificate for “category C” firearms. This certification will provide an additional layer of control, ensuring all firearms within the scope are tracked sufficiently.

RemovedPost-shipment controls must also be a focal point in our efforts to maintain transparency. Regular checks following shipments are essential to guarantee that the regulation put forth in the proposal is being adhered to effectively. This reporting mechanism must be transparent and comprehensive, providing a clear overview of compliance levels. The Member States must ensure that they provide sufficient resources in order to carry out checks and controls.

RemovedLastly, we must establish clear sanctions in order to reinforce the regulation. It is imperative that Member States actively participate and display transparency. In case of breaches of this regulation, clear and robust sanctions for companies and persons will strengthen the integrity of the regulations. These company’s shall be penalised accordingly and proportionately in line with their annual worldwide turnover.

RemovedTo conclude, while the current proposal is a step forward, it requires further enhancements to ensure more transparency within the import, export, and transit of firearms. Moving forward, we need to focus on the quality of data, transparency and digitalisation, as these components are crucial in the fight against illicit firearms both within and outside of our borders. By implementing the above mentioned changes, we can strengthen the regulation and provide a safer future for the citizens of the European Union.