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)

PR_COD_1recastingam

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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)

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

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

– 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,

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

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.

Amendment 1

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(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.

(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.

Or. en

Amendment 2

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) In order to facilitate the tracing of firearms and efficiently combat trafficking in firearms, their essential components and ammunition, it is necessary to improve the exchange of information between Member States, in particular through the better use of existing communication channels

(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

Or. en

Amendment 3

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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.

(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.

Or. en

Amendment 4

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(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, inform the authorities referred to in Article 34(2) of this Regulation thereof;

(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;

Or. en

Amendment 5

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 60 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 90 working days.

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.

Or. en

Amendment 6

Proposal for a regulation

Article 9 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 7

Proposal for a regulation

Article 9 – paragraph 6

Text proposed by the Commission

Amendment

6. Competent authorities shall 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 through the electronic licensing system referred to in Article 28.

6. Competent authorities shall without delay 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 without delay available to the customs authorities through the electronic licensing system referred to in Article 28.

Or. en

Amendment 8

Proposal for a regulation

Article 9 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall 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.Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).

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.

Or. en

Amendment 9

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

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 end-user certificate delivered by the authorities of the country of final destination. Annex IV establishes the content of the end-user certificate.

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.

Or. en

Amendment 10

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall adopt an implementing act to establish an uniform end-user certificate. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).

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.

Or. en

Amendment 11

Proposal for a regulation

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall process applications for export authorisations within a period of time , which shall not exceed 60 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 90 working days.

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.

Or. en

Amendment 12

Proposal for a regulation

Article 16 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) the final recipient, if known at the time of the shipment;

(g) the final recipient;

Or. en

Justification

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.

Amendment 13

Proposal for a regulation

Article 17 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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 30 working days.

(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.

Or. en

Amendment 14

Proposal for a regulation

Article 18 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including, where appropriate:

1. In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including:

Or. en

Justification

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.

Amendment 15

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28.

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.

Or. en

Amendment 16

Proposal for a regulation

Article 19 – paragraph 5

Text proposed by the Commission

Amendment

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.

5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be without delay registered in the system referred to in Article 29.

Or. en

Amendment 17

Proposal for a regulation

Article 19 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

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 notify the competent authorities of the other Member States, providing all relevant information to explain the decision.

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, providing all relevant information to explain the decision.

Or. en

Amendment 18

Proposal for a regulation

Article 19 – paragraph 8

Text proposed by the Commission

Amendment

8. The competent authorities shall check annually that the conditions of authorisation are met throughout the duration of the authorisation. Such checks may be based on representative samples of all authorisations in force. Each export authorisation shall be individually verified at least every three 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.

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.

Or. en

Amendment 19

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. Within two months 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.

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.

Or. en

Amendment 20

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. In the absence of such a proof of receipt of the dispatched shipments as referred to in paragraph 1 of this Article within two months 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.

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.

Or. en

Amendment 21

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission and competent authorities granting the export authorisation, in case of suspicion, shall carry out 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.

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.

Or. en

Amendment 22

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information.

1. The Commission, competent authorities and customs authorities shall on a regular and binding basis cooperate closely and exchange information.

Or. en

Amendment 23

Proposal for a regulation

Article 25 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Seizure data shall include, if available, the following information:

3. Seizure data shall include the following information:

Or. en

Amendment 24

Proposal for a regulation

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) 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;

(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;

Or. en

Amendment 25

Proposal for a regulation

Article 27 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 26

Proposal for a regulation

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall adopt implementing 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 implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.

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.

Or. en

Amendment 27

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall 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.

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].

Or. en

Amendment 28

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, in consultation with the Coordination Group established by Article 33, shall develop or chose a secure and encrypted system to support direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations.

1. The Commission, in consultation with the Coordination Group established by Article 33, 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].

Or. en

Amendment 29

Proposal for a regulation

Article 29 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall, by means of implementing acts, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) of this Regulation.

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.

Or. en

Amendment 30

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

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.

Or. en

Justification

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.

Amendment 31

Proposal for a regulation

Article 34 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

By six months after the entry into force of this Regulation at the latest, each Member State shall inform the other Member States and the Commission of

After the entry into force of this Regulation each Member State shall inform the other Member States and the Commission of

Or. en

Amendment 32

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Upon request of the Coordination Group and in any event every 10 years, the Commission 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 5 years after the entry into force of this Regulation .

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 .

Or. en

Amendment 33

Proposal for a regulation

Article 35 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) establish a uniform end-user certificate

Or. en

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

Amendment 34

Proposal for a regulation

Article 35 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

(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

Or. en

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

Amendment 35

Proposal for a regulation

Article 35 – paragraph 1 – point c c (new)

Text proposed by the Commission

Amendment

(cc) establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations

Or. en

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

Amendment 36

Proposal for a regulation

Article 35 – paragraph 1 – point c d (new)

Text proposed by the Commission

Amendment

(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

Or. en

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

EXPLANATORY STATEMENT

The numbers are shocking: An estimated 35 million illicit firearms are in the hands of civilians, accounting for over 50 percent of all firearms in the European Union. Around 630,000 of civilian firearms are reported as lost or stolen in the Schengen Information System. Evidently, the current rules are insufficient. The proliferation of illicit firearms poses a significant threat to public safety. This is unacceptable and it is time to set up a stronger legal framework for the fight against the illicit trade of firearms for civilian use.

More responsibility must be taken regarding the traceability of firearms sold, for example to the U.S market - one of the main destinations of European firearms. We must work towards more transparency in order to gain insight of who is receiving firearms for civilian use from the European Union. Looking at the progress made recently with the stricter rules for the Dual- Use Export Control system and the Anti-Torture regulation, it is about high time to also update and strengthen the rules on the import, export and transit measures for firearms, their essential components and ammunition. We have to make certain that these arms are not being diverged and minimize the risk of misuse. I urge furthermore, that firearms entering into the European Union are properly checked, especially those coming from former conflict regions.

This being said, I welcome the proposal of the European Commission. I strongly agree that the main focus needs to be put on the traceability. The basis to achieve this is on the one hand the digitalisation of the required data and on the other hand a proper exchange of information between the competent and custom authorities, not only at national level but also between the Member States. In order to achieve traceability, it is of the utmost importance to track import, transit and export while ensuring dealers are licensed, and that semi-components and parts are also checked and registered.

Traceability and transparency are the key elements for the functioning of the new rules.

As the Rapporteur for this Proposal presented by the European Commission, I find the proposed steps taken towards enhancing firearm regulations to be a good starting point. However, I believe that further improvements are necessary to ensure that the updated rules are even more effective in the fight against illicit firearms.

Firstly, we must turn our focus on the quality of data. The annual reports by the Member States should not only contain the number of refusals but also the reasons for the refusals. Moreover, they should also include the number of post shipment checks and the results. With this information, it becomes much simpler to evaluate and to improve the legislation in future times.

To increase transparency, the annual report statistics should be made publically available. This step allows the citizens of the European Union to have direct access to relevant information. There should be no secrets about the number of civilian firearms, their essential components and ammunition, entering and leaving the European Union. European citizens have the right to know the numbers.

Additionally, it is imperative to involve the European Parliament more extensively in the control of implementation and the further development of the regulation. Therefore most of the foreseen implementing acts should be changed into delegated acts. For example, it is of significant importance for the European Parliament’s participation in establishing uniform end-user certificates as well as the rules for providing anonymized statistical data from the Member State or for the functioning of the exchange of information between Member States. Our active participation will ensure democratic oversight and reinforce accountability.

Fast digitalisation is another crucial aspect that demands attention. It is unacceptable that the vast majority of the Member States are still using paperwork. The whole system will only work at its best when the EU-wide centralised digital control of authorisations is completely in place. We must therefore stress the importance of a swift implementation time with clear deadlines for the central database, as there is an urgency of the matter. By achieving faster digitalisation, we can effectively track firearms movement.

Furthermore, I advocate for the addition of an end-user certificate for “category C” firearms. This certification will provide an additional layer of control, ensuring all firearms within the scope are tracked sufficiently.

Post-shipment controls must also be a focal point in our efforts to maintain transparency. Regular checks following shipments are essential to guarantee that the regulation put forth in the proposal is being adhered to effectively. This reporting mechanism must be transparent and comprehensive, providing a clear overview of compliance levels. The Member States must ensure that they provide sufficient resources in order to carry out checks and controls.

Lastly, we must establish clear sanctions in order to reinforce the regulation. It is imperative that Member States actively participate and display transparency. In case of breaches of this regulation, clear and robust sanctions for companies and persons will strengthen the integrity of the regulations. These company’s shall be penalised accordingly and proportionately in line with their annual worldwide turnover.

To conclude, while the current proposal is a step forward, it requires further enhancements to ensure more transparency within the import, export, and transit of firearms. Moving forward, we need to focus on the quality of data, transparency and digitalisation, as these components are crucial in the fight against illicit firearms both within and outside of our borders. By implementing the above mentioned changes, we can strengthen the regulation and provide a safer future for the citizens of the European Union.