No C 265/6 Official Journal of the European Communities 20. 10. 90 
Article 6 
1. The Commission shall be assisted by the committee 
set up pursuant to Article 6 (1) of Council Regulation 
(EEC) No 3973/86. 
2. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. 
The committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter. The opinion 
shall be delivered by the majority laid down in Article 
148 (2) of the Treaty in the case of decisions which the 
Council is required to adopt on a proposal from the 
Commission. The votes of the representatives of the 
Member States within the committee shall be weighted in 
the manner set out in that Article. The chairman shall 
not vote. 
The Commission shall adopt measures which shall apply 
immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
be communicated by the Commission to the Council 
forthwith. 
In that event: 
— the Commission shall defer application of the 
measures which it has decided for a period not 
exceeding three months from the date of communi­
cation, 
— the Council, acting by a qualified majority, may take 
a different decision within the time limit referred to 
in the previous subparagraph. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission ('), 
(') OJ No C 235, 1. 9. 1987, p. 8; 
OJ No C 299, 28. 11. 1989, p. 6. 3. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. 
The committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter, if necessary by 
taking a vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to ask 
to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the committee. It shall inform the 
committee of the manner in which its opinion has been 
taken into account. 
Article 7 
The Commission shall draw up a report on the 
implementation of the aid operations carried out under 
this Regulation by 28 February 1992. The report shall be 
sent to Parliament and the Council. 
Article 8 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and 
Social Committee (3), 
O Opinion delivered on 11 July 1990 (not yet published in the 
Official Journal). 
O OJ No C 55, 8. 2. 1988, p. 5. Amended proposal for a Council Directive on control of the acquisition and possession of 
weapons 
COM(90) 453 final — SYN 98 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 27 September 
1990) 
(90/C 265/06) 
20. 10. 90 Official Journal of the European Communities No C 265/7 
Whereas Article 8 a of the Treaty provides that the 
Community is to adopt measures with the aim of 
progressively establishing the internal market, which is to 
comprise an area without internal frontiers in which the 
free movement of goods and persons is ensured; 
Whereas, at its meeting in Fontainebleau on 25 and 26 
June 1984, the European Council expressly approved the 
objective of abolishing all police and customs formalities 
at internal Community frontiers; 
Whereas the total abolition of controls and formalities at 
internal Community frontiers entails the fulfilment of 
certain fundamental conditions; whereas in its White 
Paper 'Completing the internal market' the Commission 
stated that the abolition of controls on the safety of 
objects transported and on persons entails, among other 
things, the approximation of weapons legislation; 
Whereas abolition of controls on the possession of 
weapons at internal Community frontiers necessitates the 
adoption of effective rules enabling controls to be carried 
out within Member States on the acquisition and 
possession of firearms and on their transfer into another 
Member State; whereas systematic controls must 
therefore be abolished at internal Community frontiers; 
Whereas the mutual confidence in the field of the 
protection of the safety of persons which these rules will 
generate between Member States will be the greater if 
they are underpinned by partially harmonized legislation; 
whereas it would therefore be useful to determine 
categories of firearms whose acquisition and possession 
by private persons are to be prohibited, or subject to 
authorization, or subject to declaration; 
Whereas passing from one Member State to another 
while in possession of a weapon should, in principle, be 
prohibited; whereas a derogation therefrom is acceptable 
only if a procedure is adopted that enables Member 
States to be notified that a firearm is to be brought into 
their territory; 
Whereas, however, more flexible rules should be adopted 
in respect of hunting and target-shooting in order to 
avoid impeding the free movement of persons more than 
is necessary; 
Whereas the Directive is intended only to abolish all 
controls on the possession of weapons when passing 
from one Member State to another, and does not affect 
the right of Member States to take measures to prevent 
illegal trade in weapons, HAS ADOPTED THIS DIRECTIVE: 
CHAPTER 1 
Scope 
Article 1 
1. For the purposes of this Directive 'weapons' and 
'firearms' shall have the meanings ascribed to them in 
Annex I. Firearms shall be classified in the four 
categories defined in Section 2 of Annex I. 
2. For the purposes of this Directive 'dealer' shall 
mean any natural or legal person whose trade or business 
consists wholly or partly in the manufacture, storage, 
sale, export, import, purchase, exchange, hiring out, 
repair or conversion of firearms. 
3. For the purposes of this Directive a person shall be 
deemed to be a resident of the country indicated by the 
address appearing on a document establishing his place 
of residence, such as a passport or an identity card, 
which, on a check on possession or on acquisition, is 
submitted to the authorities of a Member State or to a 
dealer. 
4. The 'European firearms pass' is a document which 
is issued on request to a person lawfully in possession of 
a firearm or to a person contemplating the acquisition of 
a firearm by the authorities of a Member State. It shall 
be valid for a maximum period of five years. It shall 
contain the sections set out in Annex II. Where more 
than one person may possess the same firearm, their 
particulars shall be entered upon the pass. The pass must 
always be in the possession of the person using the 
firearm. 
Article 2 
1. This Directive is without prejudice to the 
application of national provisions concerning the 
carrying of weapons, hunting or target-shooting. 
2. This Directive shall not apply to the acquisition or 
possession of weapons by the armed forces, the police, 
the public authorities or bodies concerned with the 
cultural and historical aspects of weapons and 
recognized as such by the Member State in whose 
territory they are established. 
Article 3 
Without prejudice to the rights conferred on residents of 
the Member States by Article 12 (2), and subject to 
Article 15 (1), Member States may adopt in their 
weapons legislation provisions which are more stringent 
than those provided for in this Directive. 
No C 265/8 Official Journal of the European Communities 20. 10. 90 
CHAPTER 2 
Harmonization of legislation concerning firearms Article 6 
Member States shall take all appropriate steps to prohibit 
the acquisition and the possession of the firearms 
classified in category A. 
Article 4 
Each Member State shall make the pursuit of the activity 
of dealer within its territory conditional upon author­
ization. Examination of an application shall involve at 
least a check on the good character and professional 
competence of the dealer or, in the case of a legal 
person, of the person who directs the undertaking. 
Each dealer must be required to keep a register in which 
information concerning all firearms classified in 
categories A, B or C received or disposed of by him shall 
be recorded, including such particulars as enable the 
weapon to be identified, in particular the type, make, 
model, calibre and serial number thereof and the names 
and addresses of the supplier and the person acquiring 
the weapon. The Member States shall regularly check 
dealers' compliance with this obligation. 
Article 5 
Without prejudice to Article 3, Member States shall 
allow the acquisition and possession of firearms classified 
in category B only by persons who have good cause and 
who: 
(a) are 18 years old or more; 
(b) have the necessary mental and physical capacity; Article 7 
1. No one may acquire a firearm classified in category 
B within the territory of a Member State unless that 
Member State has so authorized him. 
No such authorization may be given to a resident of 
another Member State without the latter's prior 
agreement; such agreement may be indicated by a 
statement to that effect on a European firearms pass. 
2. No one may be in possession of a firearm classified 
in category B within the territory of a Member State 
unless that Member State has so authorized him. If he is 
a resident of another Member State that other Member 
State shall be informed accordingly. 
3. An authorization to acquire and an authorization 
to possess a firearm classified in category B may take the 
form of a single administrative decision. 
Article 8 
1. No one may be in possession in a Member State of 
a firearm classified in category C which that Member 
State has not made subject to authorization unless he has 
declared it to the authorities of that Member State. 
The Member States shall provide for the compulsory 
declaration of all firearms classified in category C at 
present held within their territories but not previously 
declared within one year of the entry into force of the 
national provisions transposing this Directive. 
(c) are not likely to be a danger to public order or 
public safety. 
Without prejudice to Article 3, Member States shall 
allow the possession of firearms classified in category C 
only by persons satisfying the tests in points (a), (b) and 
(c) of the first paragraph. 
Member States may not prohibit persons resident within 
their territories from possessing a weapon purchased or 
acquired in another Member State unless they prohibit 
the purchase or acquisition of the same weapon within 
their own territories. 2. Dealers shall inform the Member State in which it 
takes place of every acquisition of a firearm classified in 
category C except where that firearm is subject to auth­
orization. If the person acquiring such a firearm is a 
resident of another Member State, that other Member 
State shall be informed of the acquisition by the Member 
State in which it took place and by the person acquiring 
the firearm. 
3. If a Member State prohibits the acquisition and 
possession within its territory of a firearm classified in 
category C or D, it shall so inform the other Member 
States, who shall expressly include a statement to that 
effect on any European firearms pass they issue for such 
a firearm, with a view to the application of Article 12 
(2). 
20. 10. 90 Official Journal of the European Communities No C 265/9 
Article 9 
1. Every Member State shall prohibit the handing over 
of firearms classified in categories A, B or C within its 
territory, by a dealer or by any other person, to any 
person who is not a resident of that Member State. 
2. Notwithstanding paragraph 1 the handing over of a 
firearm classified in category B or C to a person who is 
not resident in the Member State in question shall be 
permitted, subject to compliance with the obligations laid 
down in Articles 7 and 8: 
— where the person acquiring it has been authorized in 
accordance with Article 11 himself to effect a transfer 
to his country of residence, 
— where the person acquiring it submits a written 
declaration testifying to his intention to be in 
possession of the firearm in the Member State of 
acquisition, provided that he fulfils the legal 
conditions for possession in that Member State. the number of firearms to be consigned or trans­
ported, 
— the particulars enabling the firearm to be identified, 
the means of transfer, 
the date of departure and the estimated date of 
arrival. 
The Member State shall examine the conditions under 
which the transfer is to be carried out, in particular with 
regard to security. 
Where the Member State authorizes such transfer, it 
shall issue a licence incorporating all the particulars 
referred to in the first subparagraph. Such licence shall 
accompany the firearm until it reaches its destination; it 
shall be produced whenever so required by the auth­
orities of the Member States. 
Article 10 
No ammunition for a firearm may be handed over in a 
Member State to a person who is not a resident of that 
Member State unless that person establishes by 
producing a European firearms pass that he lawfully 
possesses a weapon of a calibre for which that 
ammunition is intended. 3. Each Member State may grant dealers the right to 
effect transfers of firearms from its territory to another 
Member State or to a third country without the prior 
authorization referred to in paragraph 2. To that end it 
shall issue a licence. The licence shall be valid for no 
more than three years and may at any time be suspended 
or cancelled by reasoned decision. 
CHAPTER 3 
Formalities for the movement of arms within the 
Community A certified copy of the licence must accompany the 
firearm until it reaches its destination; it must be 
produced whenever so required by the authorities of the 
Member States. 
Article 11 
1. Firearms may, without prejudice to Article 12, be 
transferred from one Member State to another, or to or 
from a third country, only in accordance with the 
procedure laid down in paragraphs 2 to 4 hereinafter. 
These provisions shall also apply to transfers of firearms 
following a mail order sale. This procedure may be used for transfer to a Member 
State only if the recipient is a dealer. 
Before transfer the dealer shall communicate to the auth­
orities of the Member State from which and the Member 
State to which the transfer is to be effected all the 
particulars listed in the first subparagraph of paragraph 
2. 
2. Where a firearm is to be transferred to another 
Member State or to a third country, the person 
concerned shall before it is taken there supply the 
following particulars to the Member State in which such 
firearm is situated: 4. Each Member State may supply the other Member 
States with a list of firearms whose transfer to its 
territory may not be authorized without its prior 
consent. 
the names and addresses of the person selling or 
disposing of the firearm and of the person purchasing 
or acquiring it or, where appropriate, of the owner, 
the address to which the firearm is to be consigned 
or transported, Such lists of firearms shall be communicated to dealers 
who have obtained licences to transfer firearms without 
prior authorization under the procedure laid down in 
paragraph 3; these dealers shall effect the transfers 
referred to in paragraph 3 only after obtaining the prior 
agreement of the Member State of destination. 
No C 265/10 Official Journal of the European Communities 20. 10. 90 
5. Where a firearm is to be imported from a third 
country, the person concerned shall supply the Member 
State of importation with all the particulars referred to in 
the first subparagraph of paragraph 2. Where it auth­
orizes importation, the Member State of importation 
shall issue an import licence. The import licence must 
accompany the firearm until it reaches its destination; it 
must be produced whenever so required by the authr 
orities of the Member States. 
Article 12 
1. If the procedure provided for in Article 11 is not 
employed the possession of a firearm during a journey 
through two or more Member States shall not be 
permitted unless the person concerned has obtained the 
authorization of each of those Member States. 
Member States may grant such authorization for one or 
more journeys for a maximum period of one year, 
subject to renewal. Such authorizations shall be entered 
on the European firearms pass which the traveller must 
produce whenever so required by the authorities of the 
Member States. 
2. Notwithstanding paragraph 1, hunters and 
marksmen may without prior authorization be in 
possession of one or more firearms classified in 
categories C and D during a journey through two or 
more Member States with a view to engaging in hunting 
or taking part in a target-shooting event provided that 
for each firearm they possess a European firearms pass 
and that they are able to substantiate the reasons for 
their journey, in particular by producing an invitation. 
However, this shall not apply to journeys to a Member 
State which prohibits the acquisition and possession of 
the firearm in question; in that case an express statement 
to that effect shall be entered on the European firearms 
pass pursuant to Article 8 (3). 
3. Under agreements for the mutual recognition of 
national documents two or more Member States may 
provide for arrangements more flexible than those 
prescribed in this Article for movement with firearms 
within their territories. 
Article 13 
1. Each Member State shall communicate all useful 
information at its disposal concerning definitive transfers 
of weapons to the Member State to the territory of 
which such a transfer has been effected. 
2. All information that Member States receive by way 
of the procedures laid down in Article 11 for transfers of 
firearms and in Articles 7 (2) and 8 (2) for the 
acquisition and possession of firearms by non-residents 
shall be communicated, before the relevant transfers 
begin, to the Member States of destination and, where 
appropriate, to the Member States of transit. 3. Member States shall set up, by 31 December 1991 
at the latest, a network for the exchange of information 
for purposes of the application of this Article. They shall 
inform the other Member States and the Commission of 
the national authorities responsible for transmitting and 
receiving information and for applying the formalities 
referred to in Article 11 (4). 
Article 14 
Entry into the territory of a Member State with a firearm 
shall be prohibited except in the cases defined in Articles 
11 and 12 and provided the conditions laid down therein 
are met. 
Entry into the territory of a Member State with a 
weapon other than a firearm shall be prohibited unless 
the national provisions of the Member State in question 
are complied with. 
CHAPTER 4 
Final provisions 
Article 15 
1. Member States shall, without prejudice to para­
graphs 3 and 4, abstain from carrying out controls on 
the possession of weapons at internal Community 
frontiers from 31 December 1992 at the latest. 
2. Member States shall intensify controls on the 
possession of weapons at external Community frontiers. 
They shall in particular ensure that travellers from third 
countries who intend to proceed to another Member 
State comply with Article 12. 
3. This Directive shall not preclude the carrying out 
of controls by Member States or by the carrier at the 
time of boarding of a means of transport. 
4. Member States shall inform the Commission of the 
manner in which the controls referred to in paragraphs 2 
and 3 are carried out. The Commission shall collate this 
information and make it available to all Member States. 
Article 16 
Member States shall render failure to comply with the 
provisions of this Directive subject to the same criminal 
and administrative sanctions as failure to comply with 
comparable national provisions. 
20. 10. 90 Official Journal of the European Communities No C 265/11 
The loss of a firearm, for whatever reason, shall auto- They shall forthwith inform the Commission and the 
matically result in the European firearms pass issued in other Member States of the measures taken, 
respect of that firearm being withdrawn. 
The provisions adopted pursuant to the first paragraph 
Article 17 sna^ make express reference to this Directive. 
Member States shall bring into force the laws, regu- Article 18 
lations and administrative provisions necessary to comply 
with this Directive not later than 31 December 1991. This Directive is addressed to the Member States. 
ANNEX I 
1. For the purposes of this Directive 'weapon' means: 
— any firearm within the meaning of Section 2 of this Annex, 
— any object listed in Section 3 of this Annex, 
— ammunition for firearms unless it is included in the definition of a firearm, 
— any weapon with a gas propellent mechanism, any weapon with a compressed air propellent 
mechanism and any weapon propelling projectiles by means of springs only, 
— any bow or crossbow, 
— any cutting or stabbing weapons whose blade has more than one cutting edge, any bayonet, stiletto, 
dagger, flick-knife, or swordstick, 
— any mace, club, truncheon, knuckleduster, cosh, sling or catapult. 
2. For the purposes of this Directive 'firearm' means any object which falls into one of the following 
categories excluding those which meet the definition but which are excluded for one of the reasons 
listed in Section 3 of this Annex: 
CATEGORY A 
Prohibited firearms 
1. Firearms usually used as military weapons. 
2. Automatic firearms, even those which are not military weapons. 
3. Firearms disguised as other objects. 
4. Ammunition with penetrating, explosive and incendiary projectiles, and the projectiles for such 
ammunition. 
5. Pistol and revolver ammunition with soft-nosed or hollow projectiles, and the projectiles for such 
ammunition. 
No C 265/12 Official Journal of the European Communities 20. 10. 90 
CATEGORY B 
Firearms subject to authorization 
1. Short firearms with semi-automatic or repeating mechanisms. 
2. Short firearms with single-shot mechanisms and centre-fire percussion. 
3. Short firearms with single-shot mechanisms and rimfire percussion whose overall length is less than 
28 cm. 
4. Long firearms with semi-automatic mechanisms whose magazine and chamber can together hold 
more than three rounds. 
5. Long firearms with semi-automatic mechanisms whose magazine and chamber cannot together hold 
more than three rounds, where the magazine is removable or where it is not certain that the weapon 
cannot, using tools ordinarily available, be converted into a weapon whose magazine and chamber 
can together hold more than three rounds. 
6. Long firearms with repeating and semi-automatic mechanisms and smooth-bore barrels, the barrel 
not exceeding 60 cm in length. 
7. Firearms with semi-automatic mechanisms for civilian use which resemble military weapons with 
automatic mechanisms. 
CATEGORY C 
Firearms subject to declaration 
1. Long firearms with repeating mechanisms. 
2. Long firearms with single-shot mechanisms and rifled barrels. 
3. Long firearms with semi-automatic mechanisms other than those in category B, points 4 to 7. 
4. Short firearms with single-shot mechanisms and rimfire percussion whose overall length exceeds 
28 cm. 
CATEGORY D 
Other firearms 
Long firearms with single-shot mechanisms and smooth-bore barrel and any component of any such 
firearms. 
The breach-closing mechanism, the magazine and the barrel of a firearm as separate objects are 
included in the category in which the firearm to which they belong are classified. 
3. For the purposes of this Annex objects which correspond to the definition of a 'firearm' shall not be 
included in that definition if they: 
(a) have been rendered permanently unfit for use; 
(b) are designed for alarm, signalling, life-saving, animal slaughtering, harpoon-hunting or -fishing or 
industrial or technical purposes provided that they can be used for the stated purpose only; 
(c) were manufactured before 1 January 1870 or to a design dating from before 1 January 1870 
provided they cannot fire ammunition intended for prohibited weapons or weapons subject to auth­
orization. 
20. 10. 90 Official Journal of the European Communities No C 265/13 
4. For the purposes of this Annex: 
(a) a 'short firearm' means a firearm with a barrel not exceeding 30 centimetres or whose overall length 
does not exceed 60 centimetres; 
(b) a 'long firearm' means any firearm other than a short firearm; 
(c) an 'automatic mechanism' means a mechanism which returns automatically to a ready-to-fire 
position each time a round is fired and can fire more than one round from the same barrel each 
time the trigger is operated; 
(d) a 'semi-automatic mechanism' means a mechanism which returns automatically to a ready-to-fire 
position each time a round is fired, and can fire only one round from the same barrel each time the 
trigger is operated; 
(e) a 'repeating mechanism' means a mechanism which after a round has been fired is designed to be 
reloaded from a magazine by means of a manually-operated action; 
(f) a 'single-shot mechanism' means a mechanism which is designed to be loaded manually by the 
insertion of ammunition into the chamber or a loading recess before each shot. 
ANNEX II 
European firearms pass 
The pass must include the following sections: 
(a) identity of the holder; 
(b) identification of the firearm; 
(c) period of validity of the pass; 
(d) section for use by the Member State issuing the pass (type and references of authorizations, etc.); 
(e) section for entries by other Member States (authorizations to enter their territory, etc.); 
(f) for firearms classified in category B, the following statement: 
'This pass confers no entitlement to travel to another Member State with the firearm here referred to 
without the authorization of the authorities of that Member State. Such authorization may be recorded 
on this pass'. 
For firearms in categories C and D, the following statement: 
'This pass confers no entidement to travel to another Member State with the firearm here referred to 
without the authorization of the authorities of that Member State. Such authorization may be recorded 
on this pass. 
However, prior authorization is not required for a journey with a view to engaging in hunting or 
taking part in.a target-shooting event, on condition that the reason for the journey can be established 
at the request of any authority in the Member State visited.' 
Where a Member State has informed the other Member States in accordance with Article 8 (3) that the 
possession of certain firearms in categories C or D is prohibited within its territory, the following 
statement shall be added: 
'The firearm here referred to may not be taken to (name of Member State).'