Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

RemovedSee amendments to Article 35, paragraph 1, points cb, cc and cd.

AddedArticle 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 35 – paragraph 1 – point c b (new): (cb) establish the rules and format to be used by Member States for providing the Commission with anonymized statistical date as referred to Article 27

AddedArticle 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.

RemovedSee amendments to Article 35, paragraph 1, points ca, cc and cd.

AddedArticle 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 35 – paragraph 1 – point c c (new): (cc) establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations

AddedArticle 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.

RemovedSee amendments to Article 35, paragraph 1, points ca, cb and cd.

AddedArticle 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 35 – paragraph 1 – point c d (new): (cd) establish a 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 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.

RemovedSee amendments to Article 35, paragraph 1, points ca, cb and cc.

AddedArticle 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.

AddedAnnex IV – subheading 1: Export certificate

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

AddedAnnex 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;

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

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

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