Changes from report parliamentary committee draft to plenary report

AddedArticle 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 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.

▸5 unchanged paragraphs

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

This 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.

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 20 working days.

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:

This 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.

Change 5

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.

AddedArticle 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;

Change 6

ChangedArticle 19 – paragraph 5:3: 5.3. Where the competent authorities haverefuse, refusedannul, tosuspend, grantmodify or revoke an export authorisation, theirthey finalshall assessmentmake shallthis beinformation without delay registeredavailable into the customs authorities through the electronic licensing system referred to in Article 29.28. That obligation to make information available shall be without prejudice to any appeals procedure which may be applicable under national law.

Change 7

ChangedArticle 19 – paragraph 6 – subparagraph 2: They may4: first4. consultWhere the competent authorities of the Member State or Member Stateshave whichsuspended issuedan refusals,export annulments,authorisation, suspensions,their modificationsfinal orassessment revocationsshall underbe paragraphsimmediately 1communicated ,to 3the andother 5Member .States If,at followingthe suchend consultation,of the competent authoritiesperiod of the Membersuspension, Statethrough decidethe toelectronic grantlicensing ansystem authorisation,as theyreferred shallto withoutin delayArticle notify28, theas competentsoon authoritiesas ofsuch thefinal otherassessment Memberis States,made providingand allno relevantlater informationthan totwo explainworking thedays decision.thereafter.

Change 8

AddedArticle 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.

AddedArticle 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.

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 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.

Article 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.

Change 9

AddedArticle 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.

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 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.

Change 10

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

Change 11

AddedArticle 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.

AddedArticle 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.

AddedArticle 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).

AddedArticle 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:

AddedArticle 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.

AddedArticle 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.

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

Change 12

RemovedArticle 27 – paragraph 1 – point a: (a) the number of authorisations and refusals, the reasons for the 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 national level; the number and the results of the post-shipment checks by destination at Union and national level;

AddedArticle 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 2 a (new): 2 a. 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.

AddedArticle 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 3: 3. The Commission shall adopt delegated acts establishing the rules and 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. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 36.

AddedArticle 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;

AddedArticle 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.

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].

Change 13

ChangedArticle 2928 – paragraph 1:2: 1.2. The Commission,Commission inshall, consultationby withmeans theof Coordinationimplementing Groupacts, establishedestablish byrules Articlefor 33,the shallfunctioning developof orthe choseelectronic alicensing securesystem, andincluding encryptedrules systemrelating toexchange guaranteeof directdata cooperationwith andother theIT exchangesystems of informationUnion betweenbodies Memberand StatesMember regardingState refusalsauthorities tocompetent grantfor importimplementing orthis exportRegulation. authorisations.Those Theimplementing systemacts shall be establishedadopted byin ...accordance [twowith yearsthe afteradvisory theprocedure adoptionreferred ofto thisin Regulation].Article 37.

Change 14

RemovedArticle 29 – paragraph 3: 3. The Commission shall, by means of delegated acts, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 36 of this Regulation.

AddedArticle 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 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.

AddedArticle 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].

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.

AddedArticle 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 34 – paragraph 2 – subparagraph 1 – introductory part: After the entry into force of this Regulation each Member State shall inform the other Member States and the Commission of

AddedArticle 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 34 – paragraph 3: 3. Upon request of the Coordination Group or the European Parliament and in any event every five years, the Commission on the basis of the annual implementation reports shall review in detail 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 .

AddedArticle 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 35 – paragraph 1 – point c a (new): (ca) establish a uniform end-user certificate