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OPINION (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)

LIBE-AD-749313

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Emil Radev

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion on the proposed regulation on import, export and transit measures for firearms, essential components and ammunition, which implements Article 10 of the UN Firearms Protocol. It proposes amendments to the lead committee. The amendments strengthen the electronic licensing system, personal data protection, appeal rights and proof of receipt for firearms shipments. They shorten deadlines for import and export authorisations, add grounds for refusal, and require customs authorities to act on suspicions of trafficking. They require the Commission to publish an annual report on the regulation's implementation and to review it every five years.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes amendments to the lead committee's report to strengthen the electronic licensing system, personal data protection, appeal rights and proof of receipt for firearms shipments.

Key points

  1. The opinion calls on the Committee on International Trade to take into account amendments on import, export and transit measures for firearms, essential components and ammunition.
  2. It proposes that the electronic licensing system be interconnected with existing national systems so all granted import and export authorisations are available in one central database.
  3. It adds that the electronic licensing system should not be used for purposes outside the scope of the regulation.
  4. It requires Member States to have the human and material resources needed to give competent authorities access to the European Criminal Records Information System (ECRIS).
  5. It limits customs access to Europol's Secure Information Exchange Network Application (SIENA) to what is necessary and proportionate for the regulation's obligations.
  6. It shortens the period for processing import authorisation applications to 50 working days, extendable to 80 working days in exceptional circumstances.
  7. It adds as a ground for refusing import or export authorisation that the applicant is a natural person found by a court or independent administrative authority to be mentally incapacitated to manage his or her affairs.
  8. It requires competent authorities to make decisions on import or export authorisations available to customs through the electronic licensing system no later than two working days after they are taken.
  9. It requires the exporter to provide proof of receipt of the dispatched shipment within one month after exit from the customs territory of the Union, and the competent authority to upload it into the electronic licensing system.
  10. It requires customs authorities to suspend imports if they have reasonable doubts and to inform the competent national authority immediately; if no reply comes within 10 working days, customs shall release the goods without delay.
  11. It requires customs authorities that discover an illicit shipment to inform the competent authority without delay and no later than two working days from discovery, and to seize the goods until the competent authority of destination decides otherwise.
  12. It requires the Commission to compile Member States' data and submit a public annual report to Parliament and the Council by 31 October each year, and to review the regulation every 5 years.

Who is affected

  • Importers and exporters of firearms, essential components and ammunition, who face new authorisation, proof-of-receipt and record-keeping requirements.
  • National competent authorities, which must process applications within shorter deadlines and check ECRIS and other databases.
  • Customs authorities, which must suspend imports on reasonable doubts and share information through Europol's SIENA.
  • Member States, which must keep information for at least 20 years and report statistics to the Commission.

Figures and deadlines

  • 50 working days: maximum period for processing import authorisation applications.
  • 80 working days: extended period for processing import authorisation applications in exceptional circumstances.
  • 10 working days: period for suspending the export process under Article 17(1)(c).
  • 20 working days: extended period for suspending the export process in exceptional circumstances.
  • 20 years: minimum period for Member States to keep information on firearms, essential components and ammunition.
  • 31 July: annual deadline for Member States to submit national data to the Commission.
  • 31 October: annual deadline for the Commission to submit its report to Parliament and the Council.
  • 5 years: period for the Commission's review of the regulation's implementation.