On Thursday, negotiators from Parliament and Council reached a provisional agreement on updating rules to trace import and export of civilian firearms more effectively.
The revised regulation aims to make import and export of firearms in the EU more transparent and more traceable, reducing the risk of trafficking. Under the updated and more harmonised rules, all imports and a vast majority of export of firearms for civilian use will be subject to closer supervision without compromising trade.
Electronic licensing
The rules set up an EU-wide electronic licensing system (ELS) for manufacturers and dealers, replacing the predominantly paper-based national ones. Competent authorities will have to check the central system, containing all refusals, before granting an import or export authorisation. Member states will either adopt this electronic system, or integrate their national digital ones into the ELS to ensure better oversight and information-sharing among authorities. The Commission will establish the ELS within two years and member states will have four years to input all the required data and connect their systems.
Annual reporting
To increase transparency, EP negotiators secured the requirement for the Commission to compile an annual public report, based on national data, on the import and export of firearms for civilian use. The report should include, among other things, the number of granted import and export authorisations, their customs value at EU level, and the number of refusals and seizures.
EU marking and temporary movements
The revised regulation would also make it mandatory for dealers and manufacturers to mark imported guns and their essential components sold on the EU market. This will improve traceability and avoid so-called “ghost guns”, firearms reassembled with non-marked components.
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Bernd Lange (S&D, DE), Chair of the International Trade Committee and rapporteur, said:
“There are still inadequate controls on the import and export of handguns, i.e. pistols and rifles. In Latin America for instance, many illegal activities and shootings use handguns smuggled in from Europe; revising the inadequate rules was more than overdue. For exports in particular, Parliament ensured that all firearms for civilian use will fall under the new rules and improved the control mechanisms. The electronic monitoring system will also make the end use of firearms more transparent and more traceable. As in the Dual use regulation, these mechanisms are key to ensuring transparency when trading sensitive goods and restricting misuse.”
Next steps
Parliament and Council will now both have to give their final green light to the provisional agreement. The regulation will enter into force after being published in the EU’s Official Journal.
Background
Following the terrorist attacks in Europe over the last decade, and in an effort to fight organised crime more effectively, the Commission presented, in October 2022, a proposal to update the EU regulation on import, export and transit measures for firearms. Currently, there are an estimated 35 million illicit firearms owned by civilians in the EU, corresponding to 56% of the estimated total of firearms, and around 630 000 firearms are listed as stolen or lost in the Schengen Information System, according to the Commission.
There is no link between the revision of this legislation and the export of firearms for military purposes to Ukraine.
Source – EU Parliament
EU Council background on safer firearms trading deal
Brussels, 14 March 2024
The Council and the European Parliament today reached a provisional agreement on updated EU rules on the import, export and transit of firearms into and from the EU. The new rules aim to close the loopholes for firearms trafficking, while facilitating trade and movement of firearms used for legitimate purposes.
The revised firearms regulation aims to limit firearms trafficking by having common rules and licencing and authorisation procedures, coordinated controls and better traceability of firearms for civilian use. This will prevent legally manufactured and exported civilian firearms from being diverted into the illegal market.
Main changes agreed
The Council and Parliament provisionally agreed to keep the main principles of the Commission’s proposal, underlining the need for fluid transactions while strengthening the security of citizens.
A clear scope
Firearms types are defined as Category A, B or C. Category A firearms are generally prohibited, Category B firearms need an authorisation, and owners of Category C firearms need to declare their ownership but do not need authorisation.
Firearms of category A, B or C are included in the scope except when they are destined for the armed forces, the police, or the public authorities.
The Council and the Parliament agreed that the new regulation would not apply to exports of category A firearms (and related items, such as ammunitions and components). They also agreed that exports of category B firearms destined for the armed forces, the police, or the public authorities would not fall under the scope of the regulation. Firearms of category C sent to third countries would, on the other hand, be included in the scope of the new rules.
More efficient licensing
The agreement maintains strong competences for national competent authorities in the text. It adds a licensing procedure for temporary imports and exports of the firearms.
The Council and Parliament retained the possibility for Member States to keep their existing electronic national authorisation systems, as long as they are interconnected with the electronic licencing system set up to digitalise the procedures for licensing. They also ensured a longer period for setting up and interconnecting national authorisation systems to the common electronic licensing system.
Transparency and traceability
The Council and Parliament strengthened transparency traceability requirements by increasing and speeding up the exchange and publication of information, for example regarding authorisations, or proof of receipt of shipments outside the EU.
The Council and Parliament agreed the Regulation would apply 4 years after the entry into force of the regulation.
Aim of the review
The proposal provides for the proper recording of firearms-related information. It clarifies the role of the licencing authorities and improves cooperation between law enforcement authorities (including customs) and licensing authorities. It also aims to systematise data collection about international movements of firearms, as well as seized arms.
The rules aim to set stricter regulations for ‘semi-finished’ firearms or components that can be converted into lethal firearms at home. The proposal also foresees an end-user certificate for the more dangerous firearms.
At the same time the proposal aims to facilitate the legal trade of firearms for civilian use and reduce administrative burden for manufacturers, dealers and users. The proposed rules will set clear and common import, export, and transit procedures for firearms and simplify and digitalise procedures for hunters, sport shooters, and exhibitors. The proposal also sets a new EU electronic licensing system that will save applicants time and simplify the process for authorisations.
Background
It is estimated that 35 million illicit firearms were owned by civilians in the EU in 2017. This would correspond to 56% of the estimated total of firearms.
The current firearms regulation lays down rules on exporting firearms, their parts and components, and ammunition. It implements Article 10, which deals with imports, exports and transit of firearms, of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. The current regulation in force since 2012 does not apply to antique or deactivated firearms, or to firearms intended for military or police use.
The regulation is complemented by an existing Firearms directive that defines minimum common rules on the acquisition and possession of firearms in the EU, as well as on the transfer of firearms from one EU country to another.
On 27 October 2022, the Commission presented a proposal for a recast of the Firearms regulation. The proposal includes new rules to improve the traceability of firearms and the exchange of information between national authorities by harmonising rules across EU countries.
Next steps
The agreement is provisional pending an endorsement by the member states and the European Parliament. Once endorsed, the regulation will need to be formally adopted by both institutions before it enters into force.
- Council negotiating mandate on the firearms regulation
- Firearms regulation (EU) No 258/2012
- Firearms directive (EU) 2021/555
- United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition
Source – EU Council
EU Commission welcomes the political agreement on new and stronger rules for the import, export and transit of firearms
S&D: Milestone reached in the fight against illegal firearms
Strasbourg, 14 March 2024
The negotiators from the Parliament and Council reached an agreement this morning on modernising rules to better trace imports and exports of civilian firearms, such as rifles, pistols, their components and ammunition.
According to the EU Commission’s estimates, more than half of firearms for civilian use in Europe are illegal.
The EP negotiator, our MEP Bernd Lange, managed to significantly strengthen the new rules to ensure greater transparency in the import and export of firearms. The Council wanted to water them down so much that a large proportion of firearms would no longer have been covered by the new rules. Instead, all firearms for civilian use are now covered.
Our negotiator also succeeded to strengthen transparency provisions. While the member states originally wanted to only share data on the import and export of firearms among themselves, they will now have to provide a detailed account in an annual report that will be made public.
The new rules will still have to be adopted by the plenary, in April.
Bernd Lange, S&D MEP, chair of the international trade committee (INTA) and the EP rapporteur on this file, said:
“There are currently over 35 million illegal weapons in circulation in Europe. They are the nuts and bolts of organised crime. In a worst-case scenario, they could even be used for mass shootings. It goes without saying we must act urgently against illegal firearms.
“With today’s agreement, we will not only have for the first time the EU’s harmonised rules for imports, but thanks to the European Parliament’s determination, we have also succeeded in retaining strong rules for exports. This will help us stop the phenomena of ‘country hopping’ where weapons move to the states with the weakest rules. In Latin American countries in particular, many illegal activities and shootings have been committed with firearms smuggled in from Europe. It is our duty to not only make Europe a safer place, but also the rest of the world.
“I am also proud that we have considerably strengthened transparency rules. The public annual reports will not only contain detailed figures on the import and export volumes of firearms at a country level, but will also provide information on the number of licences issued or refused, as well as the reasons. This will allow the European Commission to better scrutinise the member states’ implementation and hold them to account if necessary.”
Source – S&D Group – Email