Legal provisions of COM(2022)480 - Import, export and transit measures for firearms, components and ammunition, implementing UN Protocol on firearms and Convention against Transnational Organised Crime - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)480 - Import, export and transit measures for firearms, components and ammunition, implementing UN Protocol on firearms and ... |
|---|---|
| document | COM(2022)480  |
| date | October 27, 2022 |
CHAPTER I
SUBJECT MATTER , DEFINITIONS AND SCOPE
Contents
Article 1 - subject matter
Article 2 - Definitions
1. ‘firearm’ means any portable barrelled weapon that expels, is designed to expel or may be converted to expel, a shot, bullet or projectile by the action of a combustible propellant as referred to in Annex I;
An object is considered as capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant if:
(a)it has the appearance of a firearm, and
(b)as a result of its construction or the material from which it is made, it can be so converted;
(2) ‘parts’ means any element or replacement element as referred to in Annex I specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;
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2. ‘identical weapons’ means weapons with identical technical characteristics with respect to manufacturer, brand or make, type, model, material, calibre and operation;
(EU) No 258/2012
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3. ‘essential components’ means the breech closing mechanism, the chamber and the barrel, the frame, the receiver, whether an upper or lower receiver, where applicable, the slide, the cylinder, the bolt or the breech block , which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted;
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4. ‘semi-finished firearms’ mean firearms that are not ready for direct use and have the approximate shape or outline of the finished firearms, and which can only be used, other than in exceptional cases, for completion into the finished firearm;
5. ‘semi-finished essential components’ mean essential components that are not ready for direct use and have the approximate shape or outline of the finished essential component, and which can only be used, other than in exceptional cases, for completion into the finished essential component;
(EU) No 258/2012
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64. ‘ammunition’ means the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in a firearm, as referred to in Annex I, provided that those components are themselves subject to authorisation in the relevant Member State;
75. ‘deactivated firearms’ means objects otherwise corresponding to the definition of a firearm which have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification that would permit the firearm to be reactivated in any way, in accordance with Implementing Regulation (EU) 2015/2403 Member States shall make arrangements for these deactivation measures to be verified by a competent authority. Member States shall, in the context of that verification, provide for the issue of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm;
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8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;
(EU) No 258/2012
97. ‘person’ means a natural person, a legal person and, where the possibility is provided for under the rules in force, an association of persons recognised as having the capacity to perform legal acts but lacking the legal status of a legal person;
109. ‘customs territory of the Union’ means the territory within the meaning of Article 4 3 of Regulation (EEC) No 2913/92 (EU) No 952/2013;
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11. ‘Union goods’ means goods which fall into any of the following categories:
(a)goods wholly obtained in the customs territory of the Union and not incorporating goods imported from countries or territories outside the customs territory of the Union;
(b)goods brought into the customs territory of the Union from countries or territories outside that territory and released for free circulation;
(c)goods obtained or produced in the customs territory of the Union, either solely from goods referred to in point (b) or from goods referred to in points (a) and (b);
12. ‘non-Union goods’ means goods other than those referred to in Article 5(23) of Regulation (EU) 952/2013 or which have lost their customs status as Union goods;
13. ‘customs authorities’ means the administrations and authorities referred to in Article 5, point 1, of Regulation (EU) No 952/2013;
14. ‘customs office’ means any office at which all or some of the formalities laid down by customs legislation may be completed;
15. ‘customs legislation’ means the body of legislation referred to in Article 5, point 2, of Regulation (EU) No 952/2013;
16. ‘customs formalities’ means all the operations, which must be carried out by a person and by the customs authorities in order to comply with the customs legislation;
17. ‘customs controls’ means specific acts performed by the customs authorities in order to ensure compliance with the customs legislation and other legislation governing the entry, exit, transit, movement, storage and end-use of goods moved between the customs territory of the Union and countries or territories outside that territory, and the presence and movement within the customs territory of the Union of non-Union goods and goods placed under the end-use procedure;
18. ‘customs declaration’ means the act whereby a person indicates, in the prescribed form and manner, a wish to place goods under a given customs procedure, with an indication, where appropriate, of any specific arrangements to be applied;
19. ‘import declaration’ means the act whereby a person indicates in the prescribed form and manner their intention to place firearms, their essential components, and ammunition under the import procedure;
(EU) No 258/2012
2010. ‘export declaration’ means the act whereby a person indicates in the prescribed form and manner his intention to place firearms, their parts and essential components, and ammunition under the export procedure;
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21. ‘entry’ means the introduction of non-union goods into the customs territory of the Union under an entry summary declaration, and with a view to their release into free circulation or placing under special procedures, in accordance with the Regulation (EU) No 952/2013;
22. ‘import’ means the placing of goods under release for free circulation as laid down in Article 201 of Regulation (EU) No 952/2013 or a re-import following the temporary export of Union goods as laid down in Article 259 of Regulation (EU) 952/2013;
23. ‘importer’ means any person, established in the customs territory of the Union, who makes a declaration for an import or temporary admission on its own behalf, or on whose behalf the said declaration is made;
(EU) No 258/2012
246. ‘export’ means:
(a)an export procedure within the meaning of Article 161 269 of Regulation (EEC) No 2913/92 (EU) No 952/2013;
(b)a re-export within the meaning of Article 182 270 of Regulation No 2913/92 but not including goods moving under the external transit procedure, as referred to in Article 91 of that Regulation where no re-export formalities as referred to in Article 182(2) thereof have been fulfilled (EU) No 952/2013;
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25. ‘exit’ means the leaving of goods from the customs territory of the European Union;
(EU) No 258/2012 (adapted)
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268. ‘exporter’ means any person, established in the customs territory of Union, who makes or on whose behalf a export declaration for export or temporary export on its own behalf, or on whose behalf the said declaration is made, that is to say the person who, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the customs territory of the Union. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter shall mean the person who has the power for determining the sending of the item out of the customs territory of the Union;
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27. ‘economic operator’ means:
(a)a manufacturer, arms dealer or broker established in the customs territory of the Union;
(b)an importer, where the manufacturer is not established in the customs territory of the Union;
(c)an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in Article 5(2) on the manufacturer's behalf;
28. ‘declarant’ means the person lodging an import, transit, export, or re-export declaration in his or her name or the person in whose name such a declaration is lodged.
29. ‘dealer’ means any person whose trade or business consists wholly or partly of either of the following:
(a)the manufacture, trade, exchange, hiring out, repair, modification or conversion of firearms or essential components;
(b)the manufacture, trade, exchange, modification or conversion of ammunition;
30. ‘broker’ means any person, other than a dealer, whose trade or business consists wholly or partly of either of the following:
(a)the negotiation or arrangement of transactions for the purchase, sale or supply of firearms, essential components or ammunition;
(b)arranging the transfer of firearms, essential components or ammunition within a Member State, from one Member State to another Member State, from a Member State to a third country or from a third country to a Member State;
31. ‘import authorisation’ means:
(a)a single authorisation granted to one specific importer or declarant for special customs procedures referred to in Article 210 Regulation (EU) No 952/2013, for one shipment of one or more firearms, their essential components and ammunition to one identified final recipient or consignee in the customs territory of the Union;
(b)a multiple authorisation granted to one specific importer for multiple shipments of one or more firearms, their essential components and ammunition to one identified final recipient or consignee in the customs territory of the Union;
(c)an Union general import authorisation for importers to the customs territory of the Union that is available to all importers who respect the conditions and requirements listed in chapter II of this Regulation and in the implementing act referred to in Article 9(8) of this Regulation;
(EU) No 258/2012 (adapted)
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3214. ‘export authorisation’ means:
(a)a single authorisation or licence granted to one specific exporter for one shipment of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or
(b)a multiple authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or
(c)a global Union general export authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to several identified final recipients or consignees in one or several third countries for exports to certain countries of destination that is available to all exporters who respect the conditions and requirements listed in chapter III of this Regulation and in the implementing act referred to in Article 15(7) ;
3311. ‘temporary export’ means the movement of firearms, their essential components , ammunition and alarm and signal weapons leaving the customs territory of the Union and intended for re-import within a period not exceeding 24 months;
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34. ‘temporary import’ means the movement of firearms, their essential components, ammunition and alarm and signal weapons entering the customs territory of the Union and inteded for re-exprt within a period not exceeding 24 months;
35. ‘outward processing’ means a temporary export within the meaning of Article 259 of Regulation (EU) No 952/2013;
36. ‘inward processing’ means the procedure granting non-Union goods intended for re-export access to the customs territory of the Union;
(EU) No 258/2012
12. ‘transit’ means the operation of transport of goods leaving the customs territory of the Union and passing through the territory of one or more third countries with final destination in another third country;
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37. ‘intra-EU transit’ means:
(a)the operation of transporting of non-Union firearms, their essential components and ammunition listed in Annex I entering the customs territory of the Union and passing through the territory of one or more EU Member States with final destination in another EU Member State; or
(b)the operation of transporting of Union firearms, their essential components and ammunition listed in Annex I being exported from one EU Member State and passing through the territory of one or more EU Member States before leaving the customs territory of the Union;
38. ‘external transit’ means the operation of transporting of firearms, their essential components and ammunition listed in Annex I from a third country, passing through the customs territory of the Union to a final destination in a third country, without the actual import of these goods;
39. ‘temporary admission’ means the procedure granting non-Union goods, in this case firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I intended for re-export, access to the customs territory of the Union;
(EU) No 258/2012
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4013. ‘transhipment’ means transit involving the physical operation of unloading goods firearms, their essential components and ammunition from the importing means of transport followed by reloading, for the purpose of re-exportation, generally onto another means of transport;
4115. ‘illicit trafficking’ means the import, export, sale, delivery, movement or transfer of firearms, their parts and essential components or ammunition from or across the territory of one Member State to that of a third country, if any of the following applies:
(a)the Member State concerned does not authorise it in accordance with the terms of this Regulation;
(b)the firearms, their essential components and ammunitions are not marked in accordance with Article 4, points (1) and (2) of Directive 91/477/EEC (EU) 2021/555;
(c)the imported firearms are not marked at the time of import at least with a simple marking permitting identification of the first country of import within the European Union, or, where the firearms do not bear such a marking, a unique marking identifying the imported firearms;
4216. ‘tracing’ means the systematic tracking of firearms and, where possible, their parts and essential components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of Member States in detecting, investigating and analysing illicit manufacturing and trafficking;
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43. ‘Union firearms legislation’ means all Union legislation related to firearms, their essential components and ammunition, in particular Directive (EU) 2021/555 and the legal acts based on that Directive;
44. ‘competent authority’ means the national authorities as understood in Article 34 of this Regulation;
45. ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;
46. ‘competent authority of destination’ means the competent authority for the area to which the shipment is planned, imported or takes place;
47. ‘competent authority of transit’ means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place;
48. ‘illicit shipment’ means any shipment that does not comply with any obligations set in this Regulation or Regulation (EU) No 952/2013;
49. ‘integrated dataset’ means the integrated dataset referred to in Article 38(3) of Regulation [EU Single Window Environment for Customs], comprising all data required by competent authorities and by customs authorities to place firearms, their essential components, ammunition and alarm and signal weapons under a specific customs procedure or to re-export.
(EU) No 258/2012 (adapted)
Article 3 - Scope
(a)State to State transactions or State transfers;
(b) firearms, their parts and essential components and ammunition if specially designed for military use and, in any case, firearms of the fully automatic firing type;
(bc) firearms, their parts and essential components and ammunition when destined for the armed forces, the police, or the public authorities of the Member States;
(d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
(e) deactivated firearms;
(cf) antique firearms and their replicas as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899.
2. This Regulation is without prejudice to Regulation (EEC) No 2913/92 (Community Customs Code), Regulation (EEC) No 2454/93 (implementing provisions of the Community Customs Code), Regulation (EC) No 450/2008 (Modernised Customs Code), and to the regime for the control of exports, transfer, brokering and transit of dual-use items established by Regulation (EC) No 428/2009 (Dual Use Regulation).
Chapter II
EXPORT AUTHORISATION, PROCEDURES AND CONTROLS AND IMPORT AND TRANSIT MEASURES
Entry and Import requirements
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Article 4 - Derogations to Union customs procedures
(a)be placed under a customs procedure based on a simplified declaration established under Article 166 of Regulation (EU) No 952/2013;
(b)be subject to an entry in the declarant’s record pursuant to Article 182 of Regulation (EU) No 952/2013;
(c)be subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013;
(d)be declared with a customs declaration containing the specific dataset referred to in Article 143 (a) of Delegated Regulation (EU) 2015/2446;
(e)be declared with a customs declaration containing the reduced dataset referred to in Article 144 of Delegated Regulation (EU) 2015/2446.
2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation.
3. For firearms, their essential components and ammunition an authorisation in accordance with Article 12 and 13 of this Regulation shall be required for an intra-EU and external transit procedure set out in Article 226 of Regulation (EU) No 952/2013.
Article 5
Tasks of economic operators at import
1. Economic operators established in the customs territory of the Union shall only import a firearm, their essential components, ammunition and alarm and signal weapons as listed in Annex I, if they comply with the obligations set out in paragraph 2.
2. The economic operator shall:
(a)verify that the imported firearms, their essential components, ammunition and alarm and signal weapon comply with
(a)the rules on marking referred to in Article 4 of Directive (EU) 2021/555;
(b)the rules on non-convertibility referred to in Article 14(3) of Directive (EU) 2021/555;
(c)the rules on deactivation referred to in Article 15(3) of Directive (EU) 2021/555;
(b)keep all certificates according to paragraph 2 point (a) of this Article and relevant documentation according to Articles 9 and 10 of this Regulation at the disposal of the authorities referred to in Article 34(2) of this Regulation and ensuring that the technical documentation shall be made available to those authorities upon request;
(c)further to a reasoned request from an authority referred to in Article 34(2) provide that authority with all information and documentation necessary to demonstrate the conformity of the firearms, their essential components, ammunition and alarm and signal weapons in a language, which can be easily understood by that authority;
(d)when having reason to believe that a firearm, their essential components, ammunition and alarm and signal weapons in question may not comply with the Union firearms legislation, inform the authorities referred to in Article 34(2) of this Regulation thereof;
(e)cooperate with the authorities referred to in Article 34(2) of this Regulation, including following a reasoned request making sure that the immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in Union firearms legislation.
3. Obligations under paragraph 2 shall not affect any obligations of economic operators under the applicable Union firearms legislation.
Article 6
Marking at import
1. Firearms or their essential components shall be imported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.
2. In the absence of the required marking according to paragraph 1 of this Article, the firearms or their essential components shall be placed under another customs procedure.
3. In accordance with Article 8 of the United Nations Protocol, all firearms and their essential components shall be marked with a unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or with any alternative unique user-friendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification of the country of manufacture.
4. In the absence of a marking in accordance with paragraph 3, the re-export shall be prohibited and the firearms and their essential components shall be seized and destroyed.
Article 7 - Deactivated firearms
1. Deactivated firearms shall be imported provided that they are accompanied by import authorisation referred to in Article 9 of this Regulation and the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555.2. In the absence of the deactivation certificate, the deactivated firearm shall be placed under another customs procedure or declared as a firearm.
Article 8
Alarm and signal weapons
1. Alarm and signal weapons shall be imported as alarm and signal weapons provided that it is indicated in the import authorisation referred to in Article 9 that they are non-convertible and declared as such by the authorities referred to in paragraph 3 of this Article. This import authorisation shall be issued without the conditions as referred to in Article 9(2).
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.
3. Member States shall communicate on 1 January and 1 July of each year to the Commission a report on the alarm and signal weapons classified as non-convertible. Those reports shall be discussed within the Coordination Group referred to in Article 33 of this Regulation.
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.
Article 9
Import authorisation
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.
2. Any person entitled, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess, hold or trade firearms, their essential components and ammunition as listed in Annex I to this Regulation, may apply for an import authorisation.
3. Only arms dealers and brokers shall be authorised to import semi-finished firearms and semi-finished essential components.
4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 60 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended to 90 working days.
5. Competent authorities shall refuse to grant an import authorisation if
(a)the applicant has not been granted an authorisation to acquire and possess a firearm, its essential components or ammunition, or has been precluded from doing so, pursuant to Article 6 of Directive (EU) 2021/555;
(b)the applicant has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Council Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a maximum penalty of at least four years of imprisonment;
(c)the firearm to be imported was declared lost, stolen or otherwise sought for seizure in the relevant EU, national or international databases.
The first subparagraph is without prejudice to stricter rules under national legislation.
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.
7. For the purpose of the paragraph 5, Member States shall check the absence of a criminal record in the European Criminal Record Information System ‘ECRIS’ and if the firearm is reported as lost, stolen or under investigation in the relevant EU, national or international databases.
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).
9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except for escorting fees.
Article 10
Administrative simplifications
1. Notwithstanding other provisions of this Regulation and of Directive (EU) 2021/555, no import authorisation shall be required for:
(a)the temporary admission for evaluation or exhibition without sale, or inward processing for repair, provided that the firearms, their essential components , ammunition and alarm and signal weapons as listed in Annex I remain the property of a person established outside the customs territory of the Union and the firearms, their essential components, ammunition and alarm and signal weapons are re-exported to that person;
(b)the import following temporary export for the purpose of evaluation and repair and exhibition without sale, under the outward processing or temporary exportation customs procedures, this includes as well the import with an European Firearms Pass as referred to in Article 1 of Directive (EU) 2021/555;
(c)the temporary admission by hunters or sport shooters as part of their accompanied personal effects, provided that they substantiate to the customs authorities the reasons for the journey, in particular by producing an invitation or other proof of the hunting or sport shooting activities in the European Union, of:
(a)one or more firearms,
(b)their essential components, if marked,
(c)their related ammunition, limited to a maximum of 800 rounds for hunters and a maximum of 1 200 rounds for sport shooters,
(d)one or more alarm and signal weapons.
2. Importers shall indicate in an integrated dataset, indicating for which of the three categories mentioned in paragraph 1 they are claiming the benefit of the administrative simplification. They must present any supporting document to the customs authorities upon request.
3. The customs authorities responsible for the implementation of paragraph 1 of this Article, shall be the supervising custom offices as referred to in Article 1(36) point (a) of Commission Delegated Regulation (EU) 2015/2446 .
4. National Single Window Environments for Customs shall provide the integrated dataset referred to in paragraph 2 to the electronic licensing system referred to in Article 28. Annex II part II lists the required information that shall be included in the import declaration:
(a)With respect to paragraph 1, point b, of this Article the importer shall mention the reference number of the temporary export declaration in the import declaration.
(b)When a firearms, their essential components ,ammunition and alarm and signal weapons listed in Annex I is placed under the temporary admission procedure using the ATA carnet set out in Appendix 1 to Annex A to Convention relating to temporary admission 48 , the customs authorities shall inform the competent authority through the electronic means established at national level.
Article 11
Confirmation of Receipt
Upon request of a third country of export, which is a Party to the UN Firearms Protocol at the time of the export, Member States shall confirm the receipt within the customs territory of the Union of the dispatched shipment of firearms, their essential components or ammunition, which shall be ensured by producing the relevant customs import documents.
CHAPTER III
TRANSIT REQUIREMENTS
Article 12
Procedures for intra-EU transit
1. For intra-EU transit only the import or export authorisation referred to in Article 9 and 14 shall be required. The import or export authorisations shall indicate the planned transit movements. Changes in the planned transit movement planning shall be notified by the economic operator to the competent authorities and these authorities shall amend the relevant authorisation accordingly.
2. The declarant shall mention the reference number of the import authorisation in the transit declaration.
3. The declarant shall provide a copy of the transit declaration to the competent authorities of dispatch or destination, via the electronic licensing system referred to in Article 28.
4. As soon as the shipment of firearms, their essential components, ammunition or alarm and signal weapons listed in Annex I has been imported or has been exported from the customs territory of the Union, the customs office of import or of export shall inform the competent authority of dispatch or destination in the customs territory of the Union of the completion of the intra-EU transit procedure, via the electronic licensing system referred to in Article 28.
Article 13
Procedures for external-transit
1. For external-transit only the import authorisation referred to in Article 9 shall be required. The import authorisations shall indicate the planned transit movements. In case of changes in the planned transit movement or if the firearms, their essential components, ammunition and alarm and signal weapons as listed in Annex I subject to the authorisation are to be imported, these changes shall be notified to the competent authorities and these authorities shall amend the relevant authorisation accordingly.
2. The declarant shall mention the reference number of the import authorisation to the customs declaration for transit.
3. In deciding whether to grant an import authorisation for external-transit under this Regulation, Member States shall take into account all relevant considerations including, where appropriate considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP.
4. The declarant shall provide a copy of the customs declaration for transit to the competent authorities of dispatch and destination, via the electronic licensing system referred to in Article 28.
5. As soon as the shipment of firearms, their essential components, ammunition or alarm and signal weapons has entered or has exited the customs territory of the Union, the customs office responsible for the place of entry or exit shall inform the competent authority of dispatch or destination in the Union of the completion of the external transit procedure, via the electronic licensing system referred to in Article 28.
CHAPTER IV
EXPORT REQUIREMENTS
(EU) No 258/2012 (adapted)
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Article 144 - Export authorisation
1. Any person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components or ammunition listed in Annex I to this Regulation may request an export authorisation. An export Such authorisation shall be established in accordance with the form set out in Annex IIIII, part I to this Regulation shall be required for the export of fireamrs, their parts and essential components and ammunition listed in Annex I. Such The authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be issued in writing or by electronic means via the electronic licensing system referred to in Article 28 of this Regulation .2. Where the export of firearms, their parts, essential components and ammunition requires an export authorisation pursuant to this Regulation and that export is also subject to authorisation requirements in accordance with Common Position 2008/944/CFSP, Member States may use a single procedure to carry out the obligations imposed on them by this Regulation and by that Common Position.
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2. Competent authorities may only grant export authorisations for firearms of categories A and B of Annex I if the application for such authorisation is accompanied by an end-user certificate delivered by the authorities of the country of final destination. Annex IV establishes the content of the end-user certificate.
3. The Commission shall adopt an implementing act to establish an uniform end-user certificate. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).
(EU) No 258/2012 (adapted)
4. If the firearms, their parts and essential components and ammunition are located in one or more Member States other than the one where the application for export authorisation has been made, that fact shall be indicated on that application. The competent authorities of the Member State to which the application for export authorisation has been made shall immediately consult the competent authorities of the Member State or States in question and provide the relevant information. The Member State or States consulted shall make known within 10 working days any objections it or they may have to the granting of such an authorisation, which shall bind the Member State in which the application has been made.
Article 157 - Export authorisation procedure
1. Before issuing an export authorisation for firearms, their parts and essential components and ammunition, the Member State competent authorities concerned shall verify that:(a)the importing third country has authorised the relevant import; and
(b)the third countries of transit, if any, have given notice in writing – and at the latest prior to the shipment – that they have no objection to the transit. This provision does not apply:
(a)to shipments by sea or air and through ports or airports of third countries provided that that there is no transhipment or change of means of transport;
(b)in the case of temporary exports for verifiable lawful purposes, which include hunting, sport shooting, evaluation, exhibitions without sale, and repair.
2. Member States may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit
23. The exporter shall supply the competent authority of the Member State responsible for issuing the export authorisation with the necessary documents proving that the importing third country has authorised the import and that the third country of transit had no objection to the transit.
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3. With respect to deactivated firearms , the exporter shall supply the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555 to the competent authorities of the Member States responsible for issuing the export authorisation.
(EU) No 258/2012 (adapted)
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4. Member States shall process applications for export authorisations within a period of time to be determined by national law or practice, which shall not exceed 60 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended by the competent authorities to 90 working days.
5. The period of validity of an a single export authorisation shall not exceed the period of validity of the import authorisation. Without prejudice to paragraph 1, point (a), the period of validity of a multiple or a Union general export authorisation shall not exceed three years. Where the import authorisation does not specify a period of validity, except under exceptional circumstances and for duly justified reasons, the period of validity of an export authorisation shall be at least nine months.
6. Member States may decide to shall make use of electronic documents for the purpose of processing the applications for export authorisation.
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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.
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.
(EU) No 258/2012 (adapted)
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Article 168 - Traceability of firearms
1. For the purpose of tracing, the export authorisation and the import licence or import authorisation issued by the importing third country and the accompanying documentation shall together contain information that includes:(a)the dates of issue and expiry;
(b)the place of issue;
(c)the country of export;
(d)the country of import;
(e)whenever applicable, the third country or countries of transit;
(f)the consignee;
(g)the final recipient, if known at the time of the shipment;
(h)particulars enabling the identification of the firearms, their parts and essential components and ammunition, and the quantity thereof including, at the latest prior to the shipment, the marking applied to the firearms or to essential components .
2. The information referred to in paragraph 1, if contained in the import license or import authorisation issued by the importing third country , shall be provided by the exporter in advance to the third countries of transit, at the latest prior to the shipment.
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3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.
(EU) No 258/2012 (adapted)
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Article 179 - Administrative simplifications
1. Simplified administrative procedures for the temporary export or the re-export of firearms, their parts, essential components and ammunition shall apply as follows:(a)no export authorisation shall be required for
(i) the temporary export by hunters or sport shooters as part of their accompanied personal effects, during a journey to a third country, provided that they substantiate to the competent customs authorities the reasons for the journey, in particular by producing an invitation or other proof of the hunting or sport shooting activities in the third country of destination, of:
–one or more firearms,
–their essential components, if marked, as well as parts,
–their related ammunition, limited to a maximum of 800 rounds for hunters and a maximum of 1 200 rounds for sport shooters;
(ii) The re-export by hunters or sport shooters as part of their accompanied personal effects following temporary admission for hunting or sport shooting activities, provided that the firearms remain the property of a person established outside the customs territory of the Union and the firearms are re-exported to that person.
(b)When leaving the customs territory of the Union through a Member State other than the Member State of their residence, hunters and sport shooters shall produce to the competent authorities a European Firearms Pass as provided for referred to in Article 17 Articles 1 and 12 of Directive 91/477/EEC (EU) No 2021/555. In the case of travel by air, the European Firearms Pass shall be produced to the competent authorities where the relevant items are handed over to the airline for transport out of the customs territory of the Union. When leaving the customs territory of the Union through the Member State of their residence, hunters and sport shooters may, instead of a European Firearms Pass, choose to produce another document considered valid for this purpose by the competent authorities of that Member State.
(c)The competent authorities of a Member State shall, for a period not exceeding 10 working days, suspend the process of export or, if necessary, otherwise prevent firearms, their parts and essential components or ammunition from leaving the customs territory of the Union through that Member State, where they have grounds for suspicion that the reasons substantiated by hunters or sport shooters are not in conformity with the relevant considerations and the obligations laid down in Article 10 18 of this Regulation. In exceptional circumstances and for duly justified reasons, the period referred to in this point may be extended by the competent authorities to 30 working days.
2. Member States shall, in accordance with national law, establish simplified procedures for Notwithstanding Articles 14, 15 and 16 of this Regulation, no export authorisation shall be required for :
(a)the re-export of firearms following temporary admission for evaluation or exhibition without sale, or inward processing for repair, provided that the firearms remain the property of a person established outside the customs territory of the Union and the firearms are re-exported to that person;
(b)the re-export of firearms, their parts and essential components and ammunition if they are held in temporary storage from the moment they enter the customs territory of the Union until their exit;
(c)the temporary export of firearms for the purpose of evaluation and repair and exhibition without sale, provided that the exporter substantiates the lawful possession of these firearms and exports them under the outward processing or temporary exportation customs procedures.
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3. Exporters shall indicate in the integrated dataset for which of the three categories mentioned in this paragraph 2 of this Article they are claiming the benefit of the administrative simplification. They shall present any supporting document to the customs authorities upon request. National Single Window Environments for Customs shall provide that integrated dataset to the electronic licensing system referred to in Article 28. Annex III part II lists the required information that shall be included in the export declaration.
4. With respect to paragraph 2 point (a) and (b) of this Article, the exporter shall mention the reference number of the declaration for temporary admission or inward processing in the export declaration.
5. Notwithstanding Article 15, if no objections to the transit by third countries of transit are received within 20 working days from the day of the written request for no objection to the external transit submitted by the exporter, the consulted third country of external transit shall be regarded as having no objection to the transit.
(EU) No 258/2012 (adapted)
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Article 1810 - Obligations of Member States
1. In deciding whether to grant an export authorisation under this Regulation, Member States shall take into account all relevant considerations including, where appropriate:(a)their obligations and commitments as parties to the relevant international export control arrangements or relevant international treaties;
(b)considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP;
(c)considerations as to intended end use, consignee, identified final recipient and the risk of diversion.
2. In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation, Member States shall take into account the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.
3. In deciding whether to grant an export authorisation under this Regulation, Member States shall respect their obligations with regard to sanctions imposed by decisions adopted by the Council or by a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes.
Article 1911 - Refusals to grant export authorisations
1. Member States shall:(a)refuse to grant an export authorisation if
(i) the applicant has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, or concerning any other conduct provided that it constituted an offence punishable by a maximum deprivation of liberty penalty of at least four years of imprisonment or a more serious penalty;
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(ii) the firearms as described in Annex I to this Regulation were declared lost, stolen or otherwise sought for seizure in the Schengen Information System, or in any other national or international database.
(EU) No 258/2012 (adapted)
(b)annul, suspend, modify or revoke an export authorisation if the conditions for granting it are not met or are no longer met.
This paragraph The first subparagraph is without prejudice to shall not affect stricter rules under national legislation.
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2. For the purpose of paragraph 1 of this Article, competent authorities shall check the absence of a criminal record in the European Criminal Record Information System ‘ECRIS’ and the absence of the firearm in the Schengen Information System.
(EU) No 258/2012 (adapted)
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32. Where Member States competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall notify make this information available to the competent customs authorities of the other Member States thereof and share the relevant information with them. Where the competent authorities of a Member State 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 referred to in Article 28.
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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.
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.
(EU) No 258/2012 (adapted)
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63. Before the competent authorities of a Member State grant an export authorisation under this Regulation, they shall take into account all refusals under this Regulation of which they have been notified, in the system referred to in Article 29 of this Regulation in order to ascertain whether an authorisation has been refused by the competent authorities of another Member State or Member States for an essentially identical transaction (concerning an item with essentially identical parameters or technical characteristics and in respect of the same importer or consignee).
They may first consult the competent authorities of the Member State or Member States which issued refusals, annulments, suspensions, modifications or revocations under paragraphs 1 and 2, 3 and 5 . If, following such consultation, the competent authorities of the Member State decide to grant an authorisation, they shall notify the competent authorities of the other Member States, providing all relevant information to explain the decision.
74. All information shared in accordance with the provisions of this Article shall be in compliance with the provisions of Article 19(2) 23 concerning its confidentiality.
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8. The competent authorities shall check annually that the conditions of authorisation are met throughout the duration of the authorisation. Such checks may be based on representative samples of all authorisations in force. Each export authorisation shall be individually verified at least every three years by the competent authorities. Member States shall report to the Coordination Group on the results of the checks and verifications. The reports shall be discussed in the Coordination Group established by Article 33.
(EU) No 258/2012 (adapted)
Article 2013 - Proof of receipt new
1. Within two months after the exit of the customs territory of the Union, the exporter shall provide to competent authority that delivered the export authorisation, proof of the receipt of the dispatched shipment of firearms, essential components or ammunition in the third country of import, which shall notably be ensured by producing the relevant customs import documents.(EU) No 258/2012 (adapted)
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21. In the absence of such a proof of receipt of the dispatched shipments as referred to in paragraph 1 of this Article within two months after the exit of the customs territory of the Union, or in case of suspicion, Member States’ competent authority shall immediately request from the customs authorities of export to confirm that the export declaration has been lodged and that firearms, their essential components and ammunition as listed in Annex I have exited the customs territory of the Union, and Member States shall, in case of suspicion, request the importing third country to confirm receipt of the dispatched shipment of firearms, their parts and essential components or ammunition.
2. Upon request of a third country of export which is a Party to the UN Firearms Protocol at the time of the export, Member States shall confirm the receipt within the customs territory of the Union of the dispatched shipment of firearms, their parts and essential components or ammunition, which shall be ensured in principle by producing the relevant customs importation documents
3. Member States shall comply with paragraphs 1 and 2 in accordance with their national law or practice in force. In particular, with regard to exports, the competent authority of the Member State may decide either to address the exporter or to contact the importing third country directly.
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Article 21 - Post-shipment checks
1. The Commission and competent authorities granting the export authorisation, in case of suspicion, shall carry out post-shipment checks to ensure that the exported firearms, their essential components and ammunition are in line with the commitments made in the end-user certificate as set out in Annex IV.2. For the purposes of the previous paragraph, post-shipment checks may be carried by any third party expressly mandated for that purpose by the Commission or by the Member States concerned.
CHAPTER V
SUPERVISION AND CONTROLS
(EU) No 258/2012 (adapted)
Article 2218 - Competences and responsibilities new
1. Firearms, their essential components, ammunition or alarm and signal weapons as listed in Annex I to this Regulation entering, leaving, or transiting through the customs territory of the Union shall be subject to the controls and measures laid down in this Chapter. The application of this Chapter shall not affect other provisions of this Regulation and other Union legislation governing the import or export of goods, in particular Articles 46, 47, 134 and 267 of Regulation (EU) No 952/2013. In accordance with Article 2(2) of Regulation (EU) No. 2019/1020, Articles 25 to 28 of that Regulation shall not apply to controls on firearms, their essential components and ammunition entering the Union market.(EU) No 258/2012 (adapted)
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21. Member States may provide that customs formalities, such as customs declarations for the import or export of firearms, their parts and essential components or ammunition can be completed only at customs authorities designated to that end.
32. Member States availing themselves of the option set out in paragraph 21 shall publish this information on the portal where authorisations may be claimed from competent authorities as well as inform the Commission of the dully empowered designated customs offices authorities or of subsequent changes thereto. The Commission shall publish and update that information on a yearly basis in the C series of the Official Journal of the European Union and on its Internet webpages .
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4. The custom authorities shall have the necessary powers and resources for the proper performance of their tasks under this Regulation.
5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I entering, leaving, or transiting through the customs territory of the Union.
6. Without prejudice to paragraph 5 of this Article, customs authorities shall carry out controls on the customs declaration lodged in relation to the firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I to this Regulation entering, leaving or transiting through the customs territory of the Union. Such controls shall be based primarily on risk analysis, as established in Article 46(2) of Regulation (EU) No 952/2013.
(EU) No 258/2012 (adapted)
Article 2319 - Exchange of information and cooperation between authorities
1. Member States shall, in cooperation with the Commission and in accordance with Article 21(2), take all appropriate measures to establish direct cooperation and exchange of information between competent authorities with a view to enhancing the efficiency of the measures established by this Regulation. Such information may include:(a)details of exporters whose application for an authorisation is refused, or of exporters who are the subject of decisions taken by Member States pursuant to Article 11;
(b)data on consignees or other actors involved in suspicious activities, and, where available, routes taken.
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1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information.
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weapons shall be exchanged and processed between customs authorities and the Commission in accordance with: Between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013; and
(a)Between customs authorities and the Commission in accordance with Article 16(1) of Regulation (EU) No 952/2013;
(b)By means of the system established by Article 36 of Implementing Regulation (EU) 2015/2447.
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.
(EU) No 258/2012 (adapted)
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42. Council Regulation (EC) No 515/97 on mutual assistance, and in particular the provisions thereof as to the confidentiality of information, shall apply mutatis mutandis to measures under this Article, without prejudice to Article 20 of this Regulation.
Article 2417 - Procedures at import and export
1. When completing customs formalities for the import or export of firearms, their parts and essential components or ammunition at the customs office of import or export, the importer or the exporter shall furnish proof that any necessary export authorisation has been obtained make the reference number of the import or export authorisation available to customs authorities when lodging the customs declaration. As may be the case, when a multiple import or export authorisation is used, the importer or exporter shall submit a copy of all previous import or export declarations linked to the multiple import or export authorisation, via the electronic licensing system referred to in Article 28.2. The importer or the exporter may be required to provide a translation into an official language of the Member State where the export customs declaration is presented, of any documents furnished as proof.
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3. Upon receipt of a customs declaration for import or export of firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I, customs authorities shall verify the validity of the authorisation using the electronic licensing system referred to in Article 28. Where all requirements and formalities under Union or national law relating to the import or export have been fulfilled, customs authorities shall allow the firearms, their essential components ammunition or alarm and signal weapons to be imported or exported.
(EU) No 258/2012 (adapted)
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43. Without prejudice to any powers conferred on them under Regulation (EEC) No 2913/92 (EU) No 952/2013, Member States customs authorities shall, for a period not exceeding 10 working days, suspend the process of import to or export from their territory or, if necessary, otherwise prevent firearms, their parts and essential components or ammunition which are covered by a valid import or export authorisation from leaving or entering the customs territory of the Union through their territory, where they have grounds for suspicion that:
(a)relevant information was not taken into account when the authorisation was granted; or
(b)circumstances have materially changed since the authorisation was granted.
In exceptional circumstances and for duly substantiated reasons, that period may be extended to 30 working days.
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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.
(EU) No 258/2012 (adapted)
54. Within the period or extended period referred to in paragraph 43, Member States shall either import the firearms, their parts and essential components or ammunition, or take action pursuant to Article 19 11 (1), point (b).
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Article 25
Results of controls
1. 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:
(a)without delay, inform the competent authority of destination in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons;
(b)in case of intra-EU transit or external-transit, without delay inform the competent authority of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons.
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.
2. In case of suspicion of trafficking of firearms, their essential components, ammunition or alarm and signal weapons, the information related to firearms, their essential components and ammunition seized during customs controls shall be shared by the customs authority with the competent authorities referred to in Article 34(2) of this Regulation through Europol’s Secure Information Exchange Network Application.
3. Seizure data shall include, if available, the following information:
(a)the particulars of the firearm, including the name of the manufacturer or brand, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, and the model where feasible, as well as the quantities;
(b)the category of the firearm, in line with Annex I;
(c)information about manufacture: including the reactivation of deactivated firearms, the conversion of alarm and signal weapons, hand-made firearms manufactured by additive manufacturing or any other information of interest;
(d)the country of origin;
(e)the country of provenance;
(f)the country of destination;
(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’;
(h)the place and type of the seizure, including as the case may be ‘inland’, ‘border crossing point’, ‘land border’, ‘airport’ or ‘maritime port’.
4. Customs authorities shall, by any electronic means established for that purpose in accordance with applicable customs legislation, share the appropriate risk information and risk analysis results in relation to trafficking of firearms, their essential components and ammunition, in accordance with obligations set in Article 46 (5) of Regulation (EU) No 952/2013.
CHAPTER VI
DIGITALISATION AND ADMINISTRATIVE COOPERATION
(EU) No 258/2012 (adapted)
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Article 2612 - Information storage for import and export
1. In accordance with their national law or practice in force, Member States shall keep, for not less than 20 years, all information relating to firearms and, where appropriate and feasible, their parts and essential components and ammunition, which is necessary to trace and identify those firearms, their parts and essential components and ammunition, and to prevent and detect illicit trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including any markings applied to them the unique marking referred to in Article 4 of Directive (EU) 2021/555 .2. This Article Paragraph 1 shall not apply to imports and exports as referred to in Article 10 and 9 17 .
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Article 27
Statistics
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:
(a)the number of authorisations and refusals, the quantities and values of actual imports and exports of firearms, their essential components and ammunition, by category and sub-category as listed in Annex I, by origin and by destination;
(b)the information on firearms, essential components, ammunition and alarm and signal weapons seizures listed in Article 25(3).
2. Those statistics shall not include any personal data.
3. The Commission shall adopt implementing acts establishing the rules and format to be used by Member States for providing the Commission with anonymised statistical data as referred to in paragraph 1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.
Article 28 - Electronic licensing system
1. The Commission shall establish and maintain an electronic licensing system for import and export authorisations and decisions related to them pursuant to Articles 9 and 14 of this Regulation.The electronic licensing system shall provide at least for the following functionalities:
(a)registration of economic operators and natural persons authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons listed in Annex I to this Regulation before placing firearms, their essential components, ammunition or alarm and signal weapons listed in Annex I to this Regulation under the customs procedure ‘import’ or ‘export’; inclusion of the Economic Operators Registration and Identification (EORI) number as assigned by the customs authority upon registration for customs purposes in accordance with Article 9 of Regulation (EU) No 952/2013, shall be included in their registration profile;
(b)allow for the electronic procedure to request, grant and issue an import and export authorisation;
(c)interconnection with national customs authorities via the EU Customs Single Window Environment for Customs, referred in Article 4 of the Regulation [Single Window Regulation - insert the number and a footnote; this Regulation is not yet adopted and can be inserted only after adoption by the co-legislators];
(d)allow the risk profiling by competent authorities, customs authorities and the Commission of economic operators, which are person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components or ammunition listed in Annex I to this Regulation and risk profiling of firearms, their essential components, ammunition and alarm and signal weapons for the purpose of identifying high risk consignments according to the risk analysis in Article 25 of this Regulation;
(e)allow administrative assistance and cooperation between competent authorities and the Commission to exchange information and statistics regarding the use of the electronic licensing system;
(f)allow communication between competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons listed in Annex I to this Regulation for the purposes of implementation of this Regulation.
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.
3. The Commission shall provide access to the electronic licensing system to customs authorities, competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons listed in Annex I to the extend depending on their respective obligations under this Regulation.
4. The Commission shall provide for interconnection between the electronic licensing system and the electronic national licencing systems, if established.
Article 29 - Exchange of information regarding refusals to grant import or export authorisations
1. The Commission, in consultation with the Coordination Group established by Article 33, shall develop or chose a secure and encrypted system to support direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations.2. All information shared in accordance with the provisions of this Article shall be in compliance with the provisions of Article 23 concerning its confidentiality.
3. The Commission shall, by means of implementing acts, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) of this Regulation.
(EU) No 258/2012 (adapted)
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CHAPTER VIIV
GENERAL AND FINAL PROVISIONS
Article 3014 - Secure procedures
1. Member States shall take such measures as may be necessary to ensure that their authorisation procedures are secure and that the authenticity of authorisation documents can be verified or validated.2. Verification and validation may also, where appropriate, be ensured by means of diplomatic channels.
Article 3115 - Tasks for competent authorities
1. In order to ensure that this Regulation is properly applied, Member States shall take necessary and proportionate measures to enable their competent authorities to:(a)gather information on any order or transaction involving firearms, their parts and essential components and ammunition; and
(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.
Article 3216 - Enforcement of the Regulation
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.new
2. The whistle-blower-protection regime established by Directive (EU) No 2019/1937 shall apply to persons who report breaches of this Regulation.
(EU) No 258/2012 (adapted)
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Article 3320 - Coordination group
1. A Firearms Imports and Exports Coordination Group (the ‘Coordination Group’) chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to it It shall be composed of representatives of the authorities referred to in Article 34(2), point (a).2. The Coordination Group shall examine any question concerning the application of this Regulation which may be raised either by the Chair or by a representative of a Member State the authorities referred to in Article 34(2), point (a) . It shall be bound by the confidentiality rules of Regulation (EC) No 515/97.
3. The Chair of the Coordination Group or the Coordination Group shall, whenever necessary, consult any relevant stakeholders concerned by this Regulation.
Article 3421 - Implementation tasks
1. Each Member State shall inform the Commission of the laws, regulations and administrative provisions adopted in implementation of this Regulation, including the measures referred to in Article 3316.2. By six months after the entry into force of this Regulation at the latest, By 19 April 2012, each Member State shall inform the other Member States and the Commission of the national authorities competent for implementing Articles 7, 9, 11 and 17.
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(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);
(b)in case they are not the same, the national authorities competent for implementing Articles 9, 10, 12, 13, 14, 15, 17 and 19.
(EU) No 258/2012 (adapted)
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Based on that information, the Commission shall publish and update on its website a list of those authorities on a yearly basis, in the C series of the Official Journal of the European Union
3. By 19 April 2017, and thereafter Upon request of the Coordination Group and in any event every 10 years, the Commission shall review the implementation of this Regulation and present a report to the European Parliament and the Council on its application, which may include proposals for its amendment. Member States shall provide the Commission with all appropriate information for the preparation of the report, including information about the use of the single procedure provided for in Article 4(2). The Commission shall publish a first interim application report by 5 years after the entry into force of this Regulation .
Article 355
Delegated acts
1. The Commission shall be is empowered to adopt delegated acts in accordance with Article 366 to this Regulation to
(a)amend Annex I to this Regulation on the basis of the amendments to Annex I to Regulation (EEC) No 2658/87, and on the basis of the amendments to Annex I to Directive 91/477/EEC (EU) 2021/555;
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(b)setting out the technical characteristics of semi-finished firearms and essential components, in accordance with Article 9(3) to this Regulation;
(c)amend Annex II and III to this Regulation;
(EU) No 258/2012 (adapted)
Article 366
Power to adopt delegated acts
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 355 shall be conferred on the Commission for an indeterminate period of time.
3. The delegation of power referred to in Article 355 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 355 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
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Article 37
Committee procedure
The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph Article 4 of Regulation (EU) No 182/2011 shall apply.
Article 38 - Transitional period
1. Until the functionalities of the electronic licensing system referred to in Article 28(1), point (a) and (b) are established, the following provisions shall apply:(a)for the implementation of Article 9(1) the national import authorisation systems shall remain in place;
(b)for the implementation of Article 12(3), a copy of the customs declaration for transit shall be provided to the competent authorities through electronic means established at national level;
(c)for the implementation of Article 13(4) a copy of the customs declaration for transit shall be provided to the competent authorities through electronic means established at national level;
(d)for the implementation of Article 14(1) and 15(6) the previous national export authorisation systems shall remain in place;
2. Until the functionality of the electronic licensing system referred to in Article 28(1), point (c) is established, the following provisions shall apply
(a)for the implementation of Article 9(6) the exchange of information shall be conducted through electronic means established at national level;
(b)for the implementation of Article 10(4) customs authorities shall provide a copy of the customs declaration by electronic means established at national level to the competent authorities which shall make it available to the electronic licensing system referred to in Article 28.
(c)for the implementation of Article 10(4), first subparagraph, the importer shall annex a copy of the temporary export declaration to the import declaration.
(d)for the implementation of Article 12(2), the declarant shall annex a copy of the import authorisation to the customs declaration;
(e)for the implementation of Article 12(4) the exchange of information shall take place through electronic means, established at national level;
(f)for the implementation of Article 13(2) the declarant shall annex a copy of the import authorisation to the customs declaration
(g)for the implementation of Article 13(5) the exchange of information shall take place through electronic means, established at national level;
(h)for the implementation of Article 17(3) customs authorities shall provide a copy of the customs declaration by electronic means established at national level to the competent authorities which shall make it available to the electronic licensing system referred to in Article 28.
(i)for the implementation of Article 17(4), the exporter shall annex a copy of the temporary import declaration to the export declaration;
(j)for the implementation of Article 19(3) the exchange of information shall be conducted through electronic means established at national level;
(k)for the implementation of Article 24(1) the importer or exporter shall annex a copy of the import or export authorisation to the import or export declaration;
(l)for the implementation of Article 24(3), customs authorities shall check the copies referred to in paragraph 2, point (k) of this Article before they allow the firearms, their essential components or ammunition listed in Annex I to be imported or exported.
3. When the functionality of the electronic licensing system referred to in Article 28(1), point (c) is established, with the exception of the additional digital cooperation referred to in Article 12 of Regulation [Single Window Regulation] the following provision shall apply:
(a)For the implementation of Article 17(4), point (a), the exporter shall annex a copy of the temporary import declaration to the export declaration.
4. Until the system to exchange information between Member States regarding refusals to grant import or export authorisations referred to in Article 29 is established, Article 19(5) and (6) shall not be implemented.
Article 39 - Repeal Regulation (EU) No 258/2012 is repealed
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V to this Regulation.(EU) No 258/2012 (adapted)
Article 4022 - Final provisions
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 30 September 2013. However, paragraphs 1 and 2 of Article 13 shall apply from the 30th day after the date on which the UN Firearms Protocol enters into force in the European Union, following its conclusion pursuant to Article 218 of the Treaty on the Functioning of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.