----

(2004/C 33 E/206)

WRITTEN QUESTION P-2026/03

by José Pomés Ruiz (PPE-DE) to the Commission

(12 June 2003)

Subject:   Security as regards the transport of arms and explosives

On 30 May this year 370 guns were stolen in France whilst being transported from Germany to Spain without any kind of special safeguards. There is apparently no national or Community law laying down any minimum security standards or police protection for the transport of this kind of equipment, which can easily fall into the hands of terrorists or criminals.

On the other hand, in various countries, including France, there is legislation regulating and restricting the transport of firearms carried by foreign police officers, limiting their right to carry weapons to within only 10 kilometres of the border when pursuing criminals caught in the act and on the rest of French territory only in order to ensure the safety of VIPs, for which there is a complicated official procedure via the accredited embassies.

In view of the absurd situation whereby there are rules governing the transport of weapons by officers of the law, but not the transport of arms for commercial purposes, does the Commission consider that security legislation should be drawn up to prevent the stealing of arms and explosives, such as has happened in recent years in the European Union, especially in France, in order to guarantee the safety of the general public and more successfully combat terrorism, crime and illegal arms trafficking?

Is it considering submitting a proposal on the subject?

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2003)

The Commission would first recall that Directive 91/477/EEC of the Council, of 18 June 1991 (1), relative to the control of acquisition and detention of certain types of weapons for civilian use, sets, in its article 11, precise formalities in case of transfers of these weapons, regarding information that must be communicated to Member States authorities as well as any necessary authorisations.

In relation to security of the commercial transport of firearms and explosives, this is only in part regulated by Community legislation.

As regards explosives, the Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (2), lays down the conditions under which dangerous goods may be transported packaged and in bulk. Explosives belong to the category I of goods that are subject to very strict regulations. This Directive implements into the European legislation the texts of the United National Commission for Europe (UN-ECE) on the transport of dangerous goods.

The United Nations (UN)-Economic Commission for Europe WP.15, which is the Working Party on the Transport of Dangerous Goods, has recently started to deal with specific security issues. During its meeting of 19-23 May 2003 the security of the transport of other dangerous goods was discussed. From the discussion, it appears that elements such as protection of transportation will be taken into consideration.

As regards the security of the transport of firearms, the national legislation of the Member States applies, in the absence of specific European legislation on condition, of course, that Member States respect the EC Treaty rules.

----

(1)OJ L 256, 13.9.1991.

(2)OJ L 319, 12.12.1994.

----