Directive 2021/555 - Control of the acquisition and possession of weapons (codification) - Main contents
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Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2021/555 |
| Original proposal | COM(2020)48  |
| CELEX number i | 32021L0555 |
| Document | 24-03-2021; Date of signature |
|---|---|
| Publication in Official Journal | 06-04-2021; OJ L 115 p. 1-25 |
| Signature | 24-03-2021 |
| Effect | 26-04-2021; Entry into force Date pub. +20 See Art 27 |
| Deadline | 14-09-2020; See Art 24 14-09-2025; See Art 24 |
| End of validity | 31-12-9999 |
6.4.2021 |
EN |
Official Journal of the European Union |
L 115/1 |
DIRECTIVE (EU) 2021/555 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 March 2021
on control of the acquisition and possession of weapons
(codification)
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(1) 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) has been substantially amended several times (4). In the interests of clarity and rationality, that Directive should be codified. |
(2) |
Directive 91/477/EEC 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. |
(3) |
Police intelligence evidence shows an increase in the use of converted weapons within the Union. It is therefore essential to ensure that such convertible weapons are included within the definition of ‘firearm’ for the purposes of this Directive. |
(4) |
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. |
(5) |
For the purposes of this Directive, the definition of ‘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 this Directive in respect of the 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 those obligations are not fulfilled by a dealer as regards the same underlying transaction. |
(6) |
It is useful to determine categories of firearms the acquisition and possession of which by private persons should be prohibited or should be subject to authorisation or declaration. |
(7) |
Authorisations for the acquisition and possession of firearms should, as far as possible, involve a single administrative procedure. |
(8) |
Once firearms are lawfully acquired and possessed in accordance with this Directive, national provisions concerning the carrying of weapons, hunting or target shooting should apply. |
(9) |
This Directive does not affect the right of Member States to take measures to prevent illegal trade in weapons. |
(10) |
It is necessary that Member States keep a computerised data-filing system, either centralised or decentralised, which guarantees to authorised authorities access to the data-filing systems in which the necessary information regarding each firearm is recorded. Access by police, judicial and other authorised authorities to the information contained in... |
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