Sittings · Document

DRAFT OPINION (COM(2022)0480 – C90365/2022 – 2022/0288(COD)) 2023-06-07

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)

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

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SHORT JUSTIFICATION

The implementation of effective import, export, and transit measures for firearms, their essential components, and ammunition, in accordance with 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 Organized Crime, is of paramount importance. Illicit manufacturing and trafficking of firearms pose significant threats to public safety, security and stability, both within and across national borders.

By enacting robust import, export, and transit measures, we can enhance our ability to prevent, detect, and counteract these criminal activities, reducing the availability of illegal firearms in the hands of criminals and terrorist organizations. By establishing stringent controls, including effective licensing, marking, and record-keeping requirements, we can trace the movement of firearms and ensure that they are used only for authorized purposes. This will help prevent the diversion of legally acquired firearms into illicit markets and reduce the risk of their misuse for criminal activities or human rights abuses.

The amendments proposed by the rapporteur of this opinion aim to strengthen the report on these critical issues. Some of the main issues tackled by the rapporteur are the availability to interconnect the new electronic licencing system with any existing national system, so that all granted import and export authorisations are available in one central database; the strengthening of the personal data protection; the possibility to appeal competent authority’s decisions in certain cases; as well as new provisions regarding the proof of receipt, for better traceability of firearms shipments.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on International Trade, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) To avoid risks of diversion while limiting the administrative burden, it is necessary to investigate suspicious situations in which Member States should request confirmation of receipt by the authorities of the third country of destination. If that confirmation of receipt cannot be obtained for any reason, that information should be recorded in the electronic licensing system for future reference.

Or. en

Amendment 2

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 in the electronic licencing system before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system. Where national systems with the same or similar functionalities already exist, an interconnection between them and the electronic licencing system can be established, so that all granted import and export authorisations are available in one central database.

Or. en

Amendment 3

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) In order to set out the technical characteristics of semi-finished firearms and essential components, to amend Annex II and III to this Regulation and to maintain the list of firearms, their essential components , ammunition and alarm and signal weapons for which an authorisation is required under this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/8743 and to Annex I to Directive (EU) 2021/555 and of setting out the technical characteristics of semi-finished firearms and essential components and of adapting Annex II and III to this Regulation to the digitalisation and changes in customs procedures should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(47) In order to set out the technical characteristics of semi-finished firearms and essential components, to amend Annex II and III to this Regulation, to maintain the list of firearms, their essential components, ammunition and alarm and signal weapons for which an authorisation is required under this Regulation and to specify the conditions for the import and export of goods regulated by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/8743 and to Annex I to Directive (EU) 2021/555 and of setting out the technical characteristics of semi-finished firearms and essential components and of adapting Annex II and III to this Regulation to the digitalisation and changes in customs procedures and of setting out the conditions for the import and export of firearms, their essential components and ammunitions should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

__________________

43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256 7.9.1987, p. 1).

44 OJ L 123, 12.5.2016, p. 1.

Or. en

Amendment 4

Proposal for a regulation

Article 2 – paragraph 1 – point 49 a (new)

Text proposed by the Commission

Amendment

49a. ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679.

Or. en

Justification

This amendment is admissible in accordance with Rule 110(3) RoP as it is inextricably linked to Amendments 28 and 29, which deal with personal data protection in the databases newly introduced by the recast.

Amendment 5

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Upon entry into the customs territory of the Union, alarm and signal weapons which do not comply with the technical specifications referred to in Article 14 of Directive (EU) 2021/555 shall be classified as firearms pursuant to Annex I to this Regulation.

Or. en

Amendment 6

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. In case of diverging national practices, the Commission shall adopt implementing acts establishing a list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.

4. In case of diverging national practices, the Commission shall adopt implementing acts establishing an open list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.

Or. en

Amendment 7

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued by electronic means, through the electronic licensing system referred to in Article 28.

1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued through the electronic licensing system referred to in Article 28.

Or. en

Amendment 8

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.

Or. en

Amendment 9

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 an implementing act to establish an Union general import authorisation. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 37(2).

Or. en

Amendment 10

Proposal for a regulation

Article 9 – paragraph 9

Text proposed by the Commission

Amendment

9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except for escorting fees.

9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except for fees for escorting the consignment.

Or. en

Amendment 11

Proposal for a regulation

Article 15 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall make use of electronic documents for the purpose of processing the applications for export authorisation.

deleted

Or. en

Amendment 12

Proposal for a regulation

Article 15 – paragraph 7

Text proposed by the Commission

Amendment

7. The Commission shall adopt an implementing act to establish an Union general export authorisation and setting out the conditions for the export 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.

7. The Commission shall adopt an implementing act to establish an Union general export authorisation. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 37.

Or. en

Amendment 13

Proposal for a regulation

Article 15 – paragraph 8

Text proposed by the Commission

Amendment

8. The exporter shall not be required to pay a fee or charge for the application for an export or intra-EU transit authorisation, except for escorting fees.

8. The exporter shall not be required to pay a fee or charge for the application for an export or intra-EU transit authorisation, except for fees for escorting the consignment.

Or. en

Amendment 14

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. That obligation to make information available is without prejudice to any appeals procedure which may be applicable under national law.

Or. en

Amendment 15

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the competent authorities have suspended an export authorisation, their final assessment shall be communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as 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 registered in the system referred to in Article 29, as soon as such final assessment is made and no later than two working days thereafter.

Or. en

Amendment 17

Proposal for a regulation

Article 20 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The competent authority shall upload the proof of receipt referred in in paragraph 1 of this Article into the electronic licensing system referred to in Article 28. Where the competent authority does not obtain a proof of receipt from the exporter, it shall record that information in that electronic licencing system.

Or. en

Amendment 18

Proposal for a regulation

Article 20 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Where the competent authority is unable to obtain a confirmation of receipt by the importing third country as set out in paragraph 2 of this Article, it shall record that information in the electronic licencing system referred to in Article 28.

Or. en

Amendment 19

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 cooperate closely and regularly exchange information.

Or. en

Amendment 20

Proposal for a regulation

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities.

Or. en

Amendment 21

Proposal for a regulation

Article 24 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

Customs authorities may suspend the import of the goods for the customs procedure concerned, if they have certain doubts and in such a case, they shall inform through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 10 working days, then the customs authority shall release the goods.

Customs authorities may suspend the import of the goods for the customs procedure concerned, if they have certain reasonable doubts and in such a case, they shall inform immediately, through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 10 working days, then the customs authority shall release the goods without delay.

Or. en

Amendment 22

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Where customs authorities discovers an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they shall without delay inform the competent authority in the country of the customs authority thereof. That competent authority shall:

Where customs authorities discovers an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they shall without delay and no later than two working days from that discovery inform the competent authority in the country of the customs authority thereof. That competent authority shall:

Or. en

Amendment 23

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, ammunition or alarm and signal weapons is detained. Where the competent authority of destination in the customs territory of the Union has taken such a decision, it shall communicate it to the customs authorities which discovered the illicit shipment, in writing no later than two working days from taking that decision.

Or. en

Amendment 24

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, where available, the following information:

Or. en

Amendment 25

Proposal for a regulation

Article 25 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g) the means of transport and the nationality of the transportation company or person, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’;

Or. en

Amendment 26

Proposal for a regulation

Article 27 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall confidentially submit via email to the Commission each year by 31 July, their national annual data for the preceding year on:

1. Member States shall confidentially submit to the Commission each year by 31 July, their national annual data for the preceding year on:

Or. en

Amendment 27

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating to processing of personal data and exchange of data with other IT systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.

2. The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating exchange of data with other IT systems of Union bodies and Member State authorities competent for implementing this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.

Or. en

Amendment 28

Proposal for a regulation

Article 28 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.

Or. en

Amendment 29

Proposal for a regulation

Article 29 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The processing of personal data within the system developed or chosen pursuant to paragraph 1 shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.

Or. en

Amendment 30

Proposal for a regulation

Article 31 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establish that the import and export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction.

Or. en

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

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

Or. en

Amendment 32

Proposal for a regulation

Article 34 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the national authority in every Member State responsible of the integral control of firearms and the coordination of the different authorities with competences in the fight against firearms trafficking (national firearms focal points);

(a) the national authority responsible of the integral control of firearms and the coordination of the different authorities with competences in the fight against firearms trafficking (national firearms focal points);

Or. en

Amendment 33

Proposal for a regulation

Article 34 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Based on that information, the Commission shall publish and update on its website a list of those authorities on a yearly basis,

Based on that information, the Commission shall publish and, in case of any change, update on its website a list of those authorities,

Or. en

Amendment 34

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ca) set 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

Amendment 35

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(cb) and set out the conditions for the export 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