Directive 2017/853 - Amendment of Council Directive 91/477/EEC on control of the acquisition and possession of weapons - Main contents
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Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (Text with EEA relevance. )| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2017/853 |
| Original proposal | COM(2015)750  |
| CELEX number i | 32017L0853 |
| Document | 17-05-2017; Date of signature 17-05-2017; Date of signature |
|---|---|
| Publication in Official Journal | 24-05-2017; OJ L 137 p. 22-39 |
| Signature | 17-05-2017 |
| Effect | 13-06-2017; Entry into force Date pub. +20 See Art 3 13-06-2017; Entry into force Date pub. +20 See Art 3 |
| Deadline | 14-03-2021; See Art 2.4 14-03-2021; See Art 2.4 |
| End of validity | 25-04-2021; Repealed by 32021L0555 |
| Transposition | 14-09-2018; See Art 2.1 14-09-2018; See Art 2.1 14-12-2019; See Art 2.2 14-12-2019; See Art 2.2 |
24.5.2017 |
EN |
Official Journal of the European Union |
L 137/22 |
DIRECTIVE (EU) 2017/853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 May 2017
amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Directive 91/477/EEC (3) established an accompanying measure for the internal market. It created a balance between, on the one hand, the commitment to ensure a certain freedom of movement for some firearms and their essential components within the Union, and, on the other hand, the need to control that freedom using security guarantees suited to those products. |
(2) |
Certain aspects of Directive 91/477/EEC need to be further improved in a proportionate way, in order to address the misuse of firearms for criminal purposes, and considering recent terrorist acts. In this context, the Commission called in its communication of 28 April 2015 on the European Agenda on Security, for the revision of that Directive and for a common approach on the deactivation of firearms to prevent their reactivation and use by criminals. |
(3) |
Once firearms are lawfully acquired and possessed in accordance with Directive 91/477/EEC, national provisions concerning the carrying of weapons, hunting or target shooting should apply. |
(4) |
For the purposes of Directive 91/477/EEC, the definition of a broker should cover any natural or legal person, including partnerships, and the term ‘supply’ should be deemed to include lending and leasing. Since brokers provide services similar to those supplied by dealers, they should also be covered by Directive 91/477/EEC in respect of those obligations of dealers that are relevant to brokers' activities, to the extent that they are in a position to fulfil those obligations and in so far as these are not fulfilled by a dealer as regards the same underlying transaction. |
(5) |
The activities of a dealer include not only the manufacturing but also the modification or conversion of firearms, essential components and ammunition, such as the shortening of a complete firearm, leading to a change in their category or subcategory. Purely private, non-commercial activities, such as hand-loading and reloading of ammunition from ammunition components for own use or modifications of firearms or essential components owned by the person concerned, such as changes to the stock or sight or maintenance to address wear and tear of essential components, should not be considered to be activities that only a dealer would be permitted to undertake. |
(6) |
In order to increase the traceability of all firearms and essential components and to facilitate their free movement, all firearms or their essential components should be marked with a clear, permanent and unique marking and registered in the data-filing systems of the Member States. |
(7) |
The records held in the data-filing systems should contain all information allowing a firearm to be linked to its owner and should record the name of the manufacturer or brand, the country or place of manufacture, the type, make, model, calibre and serial number of the firearm or any unique marking applied to the frame or receiver of the firearm. Essential components other than the frame or receiver should be recorded in the data-filing systems under the record relating to... |
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