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

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)

A-9-2023-0312

Committee on International Trade · Rapporteur: Bernd Lange

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Parliament's amended version of the Commission proposal for a regulation on import, export and transit measures for firearms, their essential components and ammunition, implementing the UN Firearms Protocol. It tightens authorisation rules, deadlines and data exchange, and adds reporting and digitalisation duties. It shortens processing deadlines for import and export authorisations, requires registration in the electronic licensing system, and obliges customs and competent authorities to cooperate and share information. It requires proof of receipt after export, post-shipment checks, and recording of missing confirmations in the electronic licensing system. It makes the Commission publish annual statistics and an annual implementation report, and gives Parliament a role in reviewing the regulation. It replaces several implementing acts with delegated acts, and sets deadlines for the electronic licensing system and the secure information exchange system.

Committee position. The Committee on International Trade proposes to adopt Parliament's position at first reading with amendments to the Commission proposal, focusing on traceability, transparency, digitalisation and stronger enforcement.

Key points

  1. Definitions of essential component, deactivated firearms, alarm and signal weapons, dealer and broker are aligned with Directive (EU) 2021/555, and a definition of personal data is added.
  2. Import authorisations must be issued through the electronic licensing system, and competent authorities must decide within 45 working days, extendable to 70.
  3. Member States must consider international obligations, foreign and security policy and arms embargoes when deciding on import authorisations.
  4. Import and export authorisations must be annulled, suspended, modified or revoked if conditions are not met, with information shared through the electronic licensing system within two working days.
  5. Export authorisations for categories A and B require an export certificate compliant with Annex IV issued by the importer in the country of final destination.
  6. Export authorisation processing must not exceed 45 working days, extendable to 70, and no fee is charged except for escorting the consignment.
  7. Exporters must provide proof of receipt within one month of exit from the customs territory, and authorities must record missing confirmations in the electronic licensing system.
  8. The Commission and competent authorities must carry out regular post-shipment checks, including randomly, to verify compliance with the export certificate.
  9. Customs authorities must suspend imports if they have reasonable doubts, and release goods if the competent authority does not reply within 20 working days.
  10. Member States must submit annual data by 31 July, including reasons for refusals, post-shipment checks and enforcement actions, and the Commission must publish an annual report by 31 October.
  11. The Commission must establish the electronic licensing system and a secure encrypted information exchange system, with deadlines of five years and two years after adoption respectively.
  12. The Commission must submit an annual implementation report to Parliament and the Council, and review the regulation every 5 years, with a first interim report after 3 years.

Who is affected

  • Importers and exporters of firearms, essential components and ammunition, who face shorter deadlines and new registration and reporting duties.
  • Member States' competent authorities and customs authorities, which must cooperate, share information and carry out checks.
  • The Commission, which must establish electronic systems, adopt delegated acts and publish annual reports.
  • Dealers and brokers, whose definitions are aligned with Directive (EU) 2021/555.

Figures and deadlines

  • 45 working days for import authorisation processing, extendable to 70 working days.
  • 45 working days for export authorisation processing, extendable to 70 working days.
  • 20 working days for customs to release goods if the competent authority does not reply.
  • One month after exit from the customs territory for the exporter to provide proof of receipt.
  • 31 July each year for Member States to submit national annual data.
  • 31 October each year for the Commission to publish an annual report.
  • Five years after adoption for all functionalities of the electronic licensing system.
  • Two years after adoption for the secure and encrypted information exchange system.

Legal basis: Article 294(2) and Articles 33 and 207 of the Treaty on the Functioning of the European Union.