Brussels, 15 February 2023
Today, the European Commission decided to refer Luxembourg to the Court of Justice of the European Union for failing to fully transpose EU rules on the technical specifications for alarm and signal weapons.
The Commission Implementing Directive (EU) 2019/69 sets common technical standards for alarm and signal weapons, as is required under the Firearms Directive (Directive (EU) 2021/555). Its objective is to avoid the risk of alarm and signal weapons being manufactured in such a way that they are capable of being converted to expel a shot, bullet or projectile. Full implementation of the Commission Implementing Directive will enhance the protection of public security, especially by minimising the risk that alarm and signal weapons are easily converted into real firearms. Luxembourg failed to fully transpose the directive by 17 January 2020, as it was required. The lack of transposition of several provisions by Luxembourg severely endangers the objective of enhancing public security across the Union. The Commission launched this infringement procedure against Luxembourg in May 2020 by sending a letter of formal notice and followed up with a reasoned opinion in February 2022.
On 8 March 2022, Luxembourg notified the Commission of the transposition of the Commission Implementing Directive. After examination of the national transposition measures, the Commission considers that there is a gap in the notified transposing measures, making the transposition not complete. For this reason, the Commission decided to refer the case to the Court of Justice of the European Union.
Background
By failing to adopt all the rules necessary to comply with the Commission Implementing Directive (EU) 2019/69 on the technical specifications for alarm and signal weapons, Luxembourg has failed to fulfil its obligations to transpose it by 17 January 2020 and to notify the Commission of the transposition measures.
An implementing act is adopted where uniform conditions for implementing legally binding Union acts are needed. Those acts shall confer implementing powers on the Commission (Article 291 TFEU).
Financial sanctions are not applicable for infringement procedures concerning the non-communication of transposition measures of implementing directives. This contrasts with procedures for the non-communication of transposition measures of legislative directives, which do allow for the imposition of financial penalties.
For More Information
Commission Implementing Directive (EU) 2019/69