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DRAFT 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)

INTA-PR-748984

Committee on International Trade · Rapporteur: Bernd Lange

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This is the rapporteur's draft report on the Commission proposal for a regulation on import, export and transit measures for firearms, their essential components and ammunition, implementing Article 10 of the UN Firearms Protocol (recast). It adopts a first-reading position and tables 36 amendments. The amendments shorten processing deadlines for import and export authorisations, add foreign and security policy considerations to import decisions, and extend end-user certificates to category C firearms. They require faster digitalisation of the electronic licensing system and the information-exchange system, with fixed deadlines, and turn several implementing acts into delegated acts. They strengthen reporting, post-shipment checks and penalties, and require an annual public report to Parliament and the Council.

Committee position. The rapporteur welcomes the Commission proposal and proposes 36 amendments to strengthen traceability, transparency and digitalisation, including shorter deadlines, extended end-user certificates, delegated acts, annual public reporting and penalties linked to turnover.

Key points

  1. Member States should make sufficient resources available for checks on firearms, essential components, ammunition and alarm and signal weapons entering or leaving the Union market.
  2. Improved exchange of information between Member States is of the utmost importance for tracing firearms and combating trafficking.
  3. The electronic licensing system should be fully functioning as soon as possible, and Member States should take all measures necessary to achieve that.
  4. Import authorisations must be processed within 50 working days, extendable to 80 working days in exceptional circumstances.
  5. In deciding on import authorisations, Member States must take into account international treaty obligations, national foreign and security policy including Common Position 2008/944/CFSP, and sanctions including arms embargoes.
  6. Import authorisations must be annulled, suspended, modified or revoked without delay when conditions are not met, and this information made available to customs without delay.
  7. Export authorisations for firearms of categories A, B and C require an end-user certificate from the country of final destination.
  8. Export authorisations must be processed within 50 working days, extendable to 80 working days in exceptional circumstances.
  9. The suspension period for suspected non-conforming exports by hunters or sport shooters may be extended to 20 working days.
  10. Competent authorities shall check annually that authorisation conditions are met, with each export authorisation individually verified at least every two years.
  11. Exporters must provide proof of receipt within one month after exit from the customs territory, and the Commission and competent authorities shall carry out regular post-shipment checks.
  12. The Commission shall submit an annual public report to Parliament and the Council on implementation, including authorisations, refusals, quantities, values and post-shipment checks.

Who is affected

  • Member States: must make resources available for checks, speed up the electronic licensing system, and notify penalties to the Commission.
  • Exporters: must provide proof of receipt within one month and face penalties linked to annual worldwide turnover.
  • Competent authorities: must process authorisations within shorter deadlines and carry out annual checks and post-shipment checks.
  • The Commission: must establish the electronic licensing system and information-exchange system, and submit annual reports.

Figures and deadlines

  • 50 working days: deadline for processing import authorisations.
  • 80 working days: extension for import authorisations in exceptional circumstances.
  • 50 working days: deadline for processing export authorisations.
  • 80 working days: extension for export authorisations in exceptional circumstances.
  • 10 working days: suspension period for suspected non-conforming exports.
  • 20 working days: extension of the suspension period in exceptional circumstances.
  • two years: maximum interval for individual verification of each export authorisation.
  • one month: deadline for exporters to provide proof of receipt after exit from the customs territory.

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