Council and Parliament strike deal on safer firearms trading

The Council and the European Parliament today reached a provisional agreement on updated EU rules on the import, export and transit of firearms into and from the EU.

The new rules aim to close the loopholes for firearms trafficking, while facilitating trade and movement of firearms used for legitimate purposes.

The revised firearms regulation aims to limit firearms trafficking by having common rules and licencing and authorisation procedures, coordinated controls and better traceability of firearms for civilian use. This will prevent legally manufactured and exported civilian firearms from being diverted into the illegal market.

Main changes agreed

The Council and Parliament provisionally agreed to keep the main principles of the Commission’s proposal, underlining the need for fluid transactions while strengthening the security of citizens.

A clear scope

Firearms types are defined as Category A, B or C. Category A firearms are generally prohibited, Category B firearms need an authorisation, and owners of Category C firearms need to declare their ownership but do not need authorisation.

Firearms of category A, B or C are included in the scope except when they are destined for the armed forces, the police, or the public authorities.

The Council and the Parliament agreed that the new regulation would not apply to exports of category A firearms (and related items, such as ammunitions and components). They also agreed that exports of category B firearms destined for the armed forces, the police, or the public authorities would not fall under the scope of the regulation. Firearms of category C  sent to third countries would, on the other hand, be included in the scope of the new rules.

More efficient licensing

The agreement maintains strong competences for national competent authorities in the text. It adds a licensing procedure for temporary imports and exports of the firearms.

The Council and Parliament retained the possibility for Member States to keep their existing electronic national authorisation systems, as long as they are interconnected with the electronic licencing system set up to digitalise the procedures for licensing. They also ensured a longer period for setting up and interconnecting national authorisation systems to the common electronic licensing system.

Transparency and traceability

The Council and Parliament strengthened transparency traceability requirements by increasing and speeding up the exchange and publication of information, for example regarding authorisations, or proof of receipt of shipments outside the EU.

The Council and Parliament agreed the Regulation would apply 4 years after the entry into force of the regulation.

Aim of the review

The proposal provides for the proper recording of firearms-related information. It clarifies the role of the licencing authorities and improves cooperation between law enforcement authorities (including customs) and licensing authorities. It also aims to systematise data collection about international movements of firearms, as well as seized arms.

The rules aim to set stricter regulations for 'semi-finished' firearms or components that can be converted into lethal firearms at home. The proposal also foresees an end-user certificate for the more dangerous firearms.

At the same time the proposal aims to facilitate the legal trade of firearms for civilian use and reduce administrative burden for manufacturers, dealers and users. The proposed rules will set clear and common import, export, and transit procedures for firearms and simplify and digitalise procedures for hunters, sport shooters, and exhibitors. The proposal also sets a new EU electronic licensing system that will save applicants time and simplify the process for authorisations.

Background

It is estimated that 35 million illicit firearms were owned by civilians in the EU in 2017. This would correspond to 56% of the estimated total of firearms.

The current firearms regulation lays down rules on exporting firearms, their parts and components, and ammunition. It implements Article 10, which deals with imports, exports and transit of firearms, of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. The current regulation in force since 2012 does not apply to antique or deactivated firearms, or to firearms intended for military or police use.

The regulation is complemented by an existing Firearms directive that defines minimum common rules on the acquisition and possession of firearms in the EU, as well as on the transfer of firearms from one EU country to another. 

On 27 October 2022, the Commission presented a proposal for a recast of the Firearms regulation. The proposal includes new rules to improve the traceability of firearms and the exchange of information between national authorities by harmonising rules across EU countries.

Next steps

The agreement is provisional pending an endorsement by the member states and the European Parliament. Once endorsed, the regulation will need to be formally adopted by both institutions before it enters into force.