Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸5 unchanged paragraphs

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)

(COM(2022)0480 – C90365/2022 – 2022/0288(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0480),

Changed– having regard to Article 294(2) and ArticleArticles 33 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90365/2022),

▸6 unchanged paragraphs

– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,

– having regard to the letter of XX XX 2023 from the Committee on Legal Affairs to the Committee on International Trade in accordance with Rule 110 (3) of its Rules of Procedure,

– having regard to Rules 110 and 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Foreign Affairs,

Changed– having regard to the report of the Committee on International Trade (A90000/2023),(A9-0312/2023),

▸4 unchanged paragraphs

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

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 cooperate closely and exchange information. Member States should make sufficient resources available to carry out such checks.

AddedRecital 13: (13) Multiple definitions are directly copied from Directive (EU) 2021/555 of the European Parliament and the Council28 or from Regulation (EU) No 952/2013 of the European Parliament and of the Council29 . Any reference to firearms, their essential components, ammunition and alarm and signal weapons in this Regulation should be understood as including goods manufactured with the use of 3D-printing technology where the relevant definitions are fulfilled.

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

AddedRecital 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 should decide to destroy seized firearms at the expense of the importer.

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 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.

AddedRecital 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;

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) ;

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

Change 2

RemovedArticle 9 – paragraph 4: 4. Competent authorities shall process applications for import 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 to 80 working days.

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

RemovedArticle 9 – paragraph 4 a (new): 4 a. 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.

AddedArticle 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.

Change 3

ChangedArticle 9 – paragraph 6:1: 6.1. CompetentImport authoritiesauthorisation shall withoutbe delaynecessary annul,for suspend,the modifyimport orof revokea firearm, an importessential authorisationcomponent, ifammunition and alarm and signal weapons into the conditionscustoms forterritory grantingof itthe areUnion. notSuch metimport orauthorisation areshall nobe longerestablished met.in Whereaccordance competentwith authoritiesthe takeform theseset decisions,out theyin shallAnnex makeII, thispart informationI. withoutSuch delayauthorisation availableshall tobe granted by the customscompetent authorities of the Member State where the importer is established and shall be issued through the electronic licensing system referred to in Article 28.

Change 4

RemovedArticle 9 – paragraph 8: 8. The Commission shall adopt a delegated 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.Those delegated acts shall be adopted in accordance with the procedure referred to in Article 36.

AddedArticle 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 14 – paragraph 2: 2. Competent authorities may only grant export authorisations for firearms of categories A and B and C of Annex I if the application for such authorisation is accompanied by an end-user certificate delivered by the authorities of the country of final destination. Annex IV establishes the content of the end-user certificate.

AddedArticle 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 14 – paragraph 3: 3. The Commission shall adopt a delegated act to establish an uniform end-user certificate. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 36.