Changes from report parliamentary committee draft to plenary report

AddedThis 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

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

AddedRecital 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.

AddedRecital 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.

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

AddedRecital 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 …

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

AddedArticle 2 – paragraph 1 – point 2: deleted

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

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

AddedArticle 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;

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

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

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

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

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

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

AddedArticle 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;

AddedArticle 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 15 – paragraph 4: 4. Member States shall process applications for export authorisations within a period of time , which shall not exceed 50 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 80 working days.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 15 – paragraph 6: deleted

AddedArticle 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.

AddedArticle 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.