Annexes to COM(2020)48 - Control of the acquisition and possession of weapons (codification)

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This page contains a limited version of this dossier in the EU Monitor.

Annex III, Part A.

(5) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(6) Council Decision 2014/164/EU of 11 February 2014 on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (OJ L 89, 25.3.2014, p. 7).

(7) Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).

(8) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(9) Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).

(10) OJ L 123, 12.5.2016, p. 1.

(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(12) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(13) OJ L 176, 10.7.1999, p. 36.

(14) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(15) OJ L 53, 27.2.2008, p. 52.

(16) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(17) OJ L 160, 18.6.2011, p. 21.

(18) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

(19) Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1).

(20) Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (OJ L 333, 19.12.2015, p. 62).



ANNEX I

I.For the purposes of this Directive, ‘weapon’ means:

any firearm as defined in Article 1,

weapons other than firearms as defined in national legislation.

II.For the purposes of this Directive, firearms are classified in the following categories:

Category A – Prohibited firearms

1.Explosive military missiles and launchers.

2.Automatic firearms.

3.Firearms disguised as other objects.

4.Ammunition with penetrating, explosive or incendiary projectiles, and the projectiles for such ammunition.

5.Pistol and revolver ammunition with expanding projectiles and the projectiles for such ammunition, except in the case of weapons for hunting or for target shooting, for persons entitled to use them.

6.Automatic firearms which have been converted into semi-automatic firearms, without prejudice to Article 10(5).

7.Any of the following centre-fire semi-automatic firearms:

(a)short firearms which allow the firing of more than 21 rounds without reloading, if:

(i)a loading device with a capacity exceeding 20 rounds is part of that firearm; or

(ii)a detachable loading device with a capacity exceeding 20 rounds is inserted into it;

(b)long firearms which allow the firing of more than 11 rounds without reloading, if:

(i)a loading device with a capacity exceeding 10 rounds is part of that firearm; or

(ii)a detachable loading device with a capacity exceeding 10 rounds is inserted into it.

8.Semi-automatic long firearms, that is to say firearms that are originally intended to be fired from the shoulder, that can be reduced to a length of less than 60 cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools.

9.Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds, or into a salute or acoustic weapon.

Category B – Firearms subject to authorisation

1.Repeating short firearms.

2.Single-shot short firearms with centre-fire percussion.

3.Single-shot short firearms with rimfire percussion the overall length of which is less than 28 cm.

4.Semi-automatic long firearms the loading device and chamber of which can together hold more than three rounds in the case of rimfire firearms, and more than three but fewer than twelve rounds in the case of centre-fire firearms.

5.Semi-automatic short firearms other than those listed under point 7(a) of category A.

6.Semi-automatic long firearms listed under point 7(b) of category A the loading device and chamber of which cannot together hold more than three rounds, where the loading device is detachable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon the loading device and chamber of which can together hold more than three rounds.

7.Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length.

8.Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds, or into a salute or acoustic weapon.

9.Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms other than those listed under point 6, 7 or 8 of category A.

Category C – Firearms and weapons subject to declaration

1.Repeating long firearms other than those listed in point 7 of category B.

2.Long firearms with single-shot rifled barrels.

3.Semi-automatic long firearms other than those listed in category A or B.

4.Single-shot short firearms with rimfire percussion the overall length of which is not less than 28 cm.

5.Any firearm in this category that has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds, or into a salute or acoustic weapon.

6.Firearms classified in category A or B or this category that have been deactivated in accordance with Implementing Regulation (EU) 2015/2403.

7.Single-shot long firearms with smooth-bore barrels placed on the market on or after 14 September 2018.

III.For the purposes of this Annex, objects which correspond to the definition of ‘firearm’ shall not be included in that definition if they:

(a)are designed for alarm, signalling, life-saving, animal slaughter or harpoon fishing or for industrial or technical purposes provided that they can be used for the stated purpose only;

(b)are regarded as antique weapons where such weapons have not been included in the categories set out in Part II and are subject to national laws.

Pending coordination throughout the Union, Member States may apply their national laws to the firearms listed in this Part.

IV.For the purposes of this Annex:

(a)‘short firearm’ means a firearm with a barrel not exceeding 30 centimetres or whose overall length does not exceed 60 centimetres;

(b)‘long firearm’ means any firearm other than a short firearm;

(c)‘automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire more than one round with one pull on the trigger;

(d)‘semi-automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire only one round with one pull on the trigger;

(e)‘repeating firearm’ means a firearm which, after a round has been fired, is designed to be reloaded from a magazine or cylinder by means of a manually-operated action;

(f)‘single-shot firearm’ means a firearm with no magazine which is loaded before each shot by the manual insertion of a round into the chamber or a loading recess at the breech of the barrel;

(g)‘ammunition with penetrating projectiles’ means ammunition for military use where the projectile is jacketed and has a penetrating hard core;

(h)‘ammunition with explosive projectiles’ means ammunition for military use where the projectile contains a charge which explodes on impact;

(i)‘ammunition with incendiary projectiles’ means ammunition for military use where the projectile contains a chemical mixture which bursts into flame on contact with the air or on impact.



ANNEX II

EUROPEAN FIREARMS PASS

The pass shall include the following sections:

(a)identity of the holder;

(b)identification of the weapon or firearm, including a reference to the category within the meaning of this Directive;

(c)period of validity of the pass;

(d)section for use by the Member State issuing the pass (type and references of authorisations, etc.);

(e)section for entries by other Member States (authorisations to enter their territory, etc.);

(f)the statements:

‘The right to travel to another Member State with one or more of the firearms classified in category A, B or C mentioned in this pass shall be subject to one or more prior corresponding authorisations from the Member State visited. Such authorisations may be recorded on the pass.

The prior authorisation referred to above is not in principle necessary in order to travel with a firearm classified in category C with a view to engaging in hunting or historical re-enactment activities or with a firearm classified in category A, B or C for the purpose of taking part in target shooting, on condition that the traveller is in possession of the firearms pass and can establish the reason for the journey.’

Where a Member State has informed the other Member States, in accordance with Article 11(3), that the possession of certain firearms classified in category B or C is prohibited or subject to authorisation, one of the following statements shall be added:

‘A journey to … (State(s) concerned) with the firearm … (identification) shall be prohibited.’

‘A journey to … (State(s) concerned) with the firearm … (identification) shall be subject to authorisation.’



ANNEX III

PART A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 26)

Council Directive 91/477/EEC(OJ L 256, 13.9.1991, p. 51)
Directive 2008/51/EC of the European Parliament and of the Council(OJ L 179, 8.7.2008, p. 5)
Directive (EU) 2017/853 of the European Parliament and of the Council(OJ L 137, 24.5.2017, p. 22)

PART B

Time limits for transposition into national law

(referred to in Article 26)

DirectiveTime limit for transposition
91/477/EEC31 December 1992
2008/51/EC28 July 2010
(EU) 2017/85314 September 2018 (1)



(1) However, under Article 2(2) of Directive (EU) 2017/853, ‘By way of derogation from paragraph 1 of this Article, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(3) and Article 4(4) of Directive 91/477/EEC, as amended by this Directive, by 14 December 2019’.



ANNEX IV

CORRELATION TABLE

Directive 91/477/EECThis Directive
Article 1Article 1
Article 2Article 2
Article 3Article 3
Article 4(1) and (2)Article 4(1) and (2)
Article 4(2a)Article 4(3)
Article 4(3)Article 4(4)
Article 4(4)Article 4(5)
Article 4(5)Article 4(6)
Article 4aArticle 5
Article 5Article 6
Article 5aArticle 7
Article 5bArticle 8
Article 6Article 9
Article 7(1) to (4)Article 10(1) to (4)
Article 7(4a)Article 10(5)
Article 7(5)Article 10(6)
Article 8(1), first subparagraphArticle 11(1), first subparagraph
Article 8(1), second subparagraph
Article 11(1), second subparagraph
Article 8(2) and (3)Article 11(2) and (3)
Article 9(1), introductory wordingArticle 12(1), introductory wording
Article 9(1), first indentArticle 12(1) point (a)
Article 9(1), second indentArticle 12(1) point (b)
Article 9(2)Article 12(2)
Article 10Article 13
Article 10aArticle 14
Article 10bArticle 15
Article 11(1)Article 16(1)
Article 11(2), first subparagraph, introductory wordingArticle 16(2), first subparagraph, introductory wording
Article 11(2), first subparagraph, first indentArticle 16(2), first subparagraph, point (a)
Article 11(2), first subparagraph, second indentArticle 16(2), first subparagraph, point (b)
Article 11(2), first subparagraph, third indentArticle 16(2), first subparagraph, point (c)
Article 11(2), first subparagraph, fourth indentArticle 16(2), first subparagraph, point (d)
Article 11(2), first subparagraph, fifth indentArticle 16(2), first subparagraph, point (e)
Article 11(2), first subparagraph, sixth indentArticle 16(2), first subparagraph, point (f)
Article 11(2), second, third and fourth subparagraphArticle 16(2), second, third and fourth subparagraph
Article 11(3) and (4)Article 16(3) and (4)
Article 12Article 17
Article 13Article 18
Article 13aArticle 19
Article 13bArticle 20
Article 14, introductory wordingArticle 21, introductory wording
Article 14, first indentArticle 21, point (a)
Article 14, second indentArticle 21, point (b)
Article 15Article 22
Article 16Article 23
Article 17Article 24
Article 18
Articles 25, 26 and 27
Article 19Article 28
Annex IAnnex I
Annex IIAnnex II
Annex III
Annex IV