Brussels: Europe and the Arabs
The Council of Member States and the European Parliament today reached a provisional agreement on updated EU rules on the import, export and transit of firearms to and from the European Union. The new rules aim to close loopholes to firearms trafficking, while facilitating the trade and movement of firearms used for legitimate purposes.
According to a European statement in Brussels this Thursday morning, we received a copy of it, this agreement is temporary pending approval by member states and the European Parliament. Once approved, the regulation must be formally approved by both institutions before it can come into effect.
The revised Firearms Regulation aims to reduce firearms trafficking by having common rules, licensing and certification procedures, harmonized controls and better traceability of firearms for civilian use. This will prevent the diversion of legally manufactured and exported civilian firearms into the illegal market.
Major changes agreed
The Council and Parliament tentatively agreed to maintain the basic principles of the Commission's proposal, emphasizing the need for smooth transactions while enhancing citizens' security.
Clear range
Types of firearms are defined as Classes A, B, or C. Class A firearms are generally prohibited, Class B firearms require a license, and Class C firearms owners must declare their ownership but do not require a license.
Category A, B or C firearms are included in the scope except when intended for armed forces, police or public authorities.
The Council and Parliament agreed that the new regulation would not apply to exports of Category A firearms (and related items, such as ammunition and their components). They also agreed that exports of Class B firearms destined for the armed forces, police or public authorities would not fall within the scope of the regulation. On the other hand, Class C firearms sent to third countries will be included in the scope of the new rules.
More efficient licensing
The agreement maintains strong powers for the competent national authorities in the text. Adds a licensing procedure for temporary imports and exports of firearms.
The Council and Parliament reserved the possibility for Member States to retain existing national electronic licensing systems, as long as they are interconnected with the electronic licensing system that has been set up to digitize licensing procedures. They also guaranteed a longer period to establish and link national licensing systems to the common electronic licensing system.
Transparency and traceability
The Council and Parliament strengthened transparency and traceability requirements by increasing and accelerating the exchange and dissemination of information, for example regarding licenses, or proof of receipt of shipments outside the EU.
The Council and Parliament agreed to implement the regulation 4 years after the regulation entered into force.
Objective of the review
The proposal provides for the proper recording of information related to firearms. It clarifies the role of licensing authorities and improves cooperation between law enforcement (including customs) and licensing authorities. It also aims to organize the collection of data on international movements of firearms, as well as seized weapons.
The rules are intended to establish stricter regulations for “semi-finished” firearms or components that can be made into lethal firearms at home. The proposal also provides for end-user certification for more dangerous firearms.
At the same time, the proposal aims to facilitate the legal trade of firearms for civilian use and reduce the administrative burden on manufacturers, dealers and users. The proposed rules would establish clear, common procedures for the import, export and transit of firearms and simplify and digitize procedures for hunters, sport shooters and exhibitors. The proposal also sets out a new EU e-licensing system that would save applicants time and simplify the process of obtaining licences.
It is estimated that 35 million illicit firearms were owned by civilians in the EU in 2017. This equates to 56% of the estimated total firearms.
The current Firearms Regulation sets rules on the export of 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 Manufacture of and Trafficking in Firearms, Their Parts and Components and Ammunition. The current regulation, in place since 2012, does not apply to obsolete or inoperable firearms, or to firearms intended for military or police use.
The regulation is supplemented by an existing Firearms Directive setting out 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 October 27, 2022, the Commission submitted a proposal to reformulate the Firearms Regulation. The proposal includes new rules to improve the traceability of firearms and the exchange of information between national authorities by harmonizing rules across EU countries.