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DRAFT 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-PA-749313

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

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This is the draft opinion of the Committee on Civil Liberties, Justice and Home Affairs on the proposed regulation on import, export and transit measures for firearms, their essential components and ammunition, which implements Article 10 of the UN Firearms Protocol. The rapporteur proposes 35 amendments to strengthen the proposal. The amendments would allow national systems to interconnect with the new electronic licensing system so all authorisations sit in one central database, strengthen personal data protection, add appeal possibilities against competent authority decisions, and require proof of receipt for firearms shipments. Other amendments set deadlines of two working days for sharing decisions and information through the electronic licensing system, and require the Commission to set out conditions for import and export by authorised economic operators.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on International Trade, as the committee responsible, to take into account 35 amendments. These aim to interconnect national systems with the electronic licensing system, strengthen personal data protection, allow appeals against competent authority decisions, and require proof of receipt for firearms shipments.

Key points

  1. Where confirmation of receipt from the third country of destination cannot be obtained, that information should be recorded in the electronic licensing system for future reference.
  2. National systems with the same or similar functionalities can be interconnected with the electronic licensing system, so all granted import and export authorisations are available in one central database.
  3. The Commission's delegated powers would also cover specifying the conditions for import and export of goods regulated by the regulation.
  4. A new definition of 'personal data' would be added, referring to Article 4, point (1), of Regulation (EU) 2016/679.
  5. Non-compliant alarm and signal weapons entering the customs territory would be classified as firearms and subject to Article 6; the Commission would adopt an open list of non-convertible alarm and signal weapons.
  6. Import authorisations would be issued through the electronic licensing system, and decisions to annul, suspend, modify or revoke them would be shared with customs authorities no later than two working days after being taken.
  7. The Commission would establish a Union general import authorisation and a Union general export authorisation by implementing act, without setting out conditions for authorised economic operators.
  8. Importers and exporters would pay no fee or charge for authorisation applications, except fees for escorting the consignment.
  9. The obligation to share information on refused, annulled, suspended, modified or revoked export authorisations would not affect appeal procedures under national law, and final assessments would be communicated within two working days.
  10. Competent authorities would upload proof of receipt into the electronic licensing system, and record it when no proof or confirmation of receipt can be obtained.
  11. Customs authorities would inform competent authorities without delay about suspected non-compliant goods and illicit shipments, and would act on reasonable doubts, releasing goods if no reply comes within 10 working days.
  12. Personal data processing in the electronic licensing system and in the system under Article 29 would comply with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.

Who is affected

  • Importers and exporters of firearms, essential components, ammunition and alarm and signal weapons, who would use the electronic licensing system and pay no application fees except escort fees.
  • Customs authorities, who would share information with competent authorities, act on reasonable doubts and seize illicit shipments.
  • Competent national authorities, who would issue authorisations, record proof of receipt and share decisions within two working days.
  • Member States, which would inform the Commission of their national firearms focal points and submit annual data by 31 July.
  • The Commission, which would adopt implementing acts and delegated acts on the electronic licensing system and import and export conditions.

Figures and deadlines

  • 31 July: annual deadline for Member States to submit national data for the preceding year.
  • 10 working days: period after which customs authorities release goods if the national competent authority does not reply.
  • Two working days: deadline for sharing decisions and information through the electronic licensing system.
  • Six months after entry into force: deadline for each Member State to inform the Commission of its national firearms focal point.