No C 299/6 Official Journal of the European Communities 28. 11. 89 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on control of the acquisition and possession of 
weapons (') 
COM(89) 446 final — SYN 98 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 13 November 
1989) 
(89/C 299/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 a 
thereof, 
Having regard to the proposal from the Commission ('), 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee (2), 
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 
0) OJ No C 235, 1. 9. 1987, p. 8. 
(2) OJ No C 35, 8. 2. 1988, p. 5. adoption of 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 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 game-shooting 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. 
28. 11. 89 Official Journal of the European Communities No C 299/7 
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, sale, 
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 certificate' 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 
contain the sections set out in Annex II. Where more than 
one person may possess the same firearm, more than one 
certificate shall be issued. 
Article 2 
(new) 
1. This Directive is without prejudice to the application 
of national provisions concerning either the carrying of 
weapons or game-shooting or target-shooting competitions. 
2. This Directive shall not apply to the Acquisition or 
possession of weapons by the armed forces, the police or the 
public authorities. 
Article 3 
(old Article 2) 
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. 
CHAPTER 2 
Harmonization of legislation concerning firearms 
Article 4 
(old Article 3) 
Each Member State shall make the pursuit of the activity 
of dealer within its territory conditional upon authori­
zation. 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 
(new) 
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; 
(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. 
Article 6 
(new) 
Member States shall take all appropriate steps to prohibit 
the acquisition and the possession of the firearms classified 
in category A. 
Article 7 
(new) 
/. No one may acquire a firearm classified in category B 
within the territory of a Member State unless thai 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 certificate. 
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. 
No C 299/8 Official Journal of the European Communities 28. 11. 89 
Article 8 
(new) 
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. 
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 authori­
zation. 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. 
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 certificate they issue for such a firearm, 
with a view to the application of Article 12 (2). 
Article 9 
(old Article 5) 
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 to a person who is not resident in the Member State 
in question shall be permitted: 
— 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 plans 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. 
Article 10 
(old Article 5) 
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 certificate that he lawfully possesses a 
weapon of a type for which that ammunition is intended, CHAPTER 3 
Formalities for the movement of arms within the 
Community 
Article 11 
(old Article 6) 
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. 
2. Where a firearm is to be transferred to another 
Member State or to a third country, the person concerned 
or his authorized agent shall before it is taken there 
supply the following particulars to the Member State in 
which such firearm is situated: 
— 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, 
— 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. 
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 auth­
orization referred to in paragraph 2. To that end it shall 
issue a licence, a certified copy of which must accompany 
the firearm until it reaches its destination; that document 
must be produced whenever so required by the authorities 
of the Member States. 
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 the transfer is to be 
effected all the particulars listed in the first subparagraph of 
paragraph 2. 
28. 11. 89 Official Journal of the European Communities No C 299/9 
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. 
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. 
5. Where a firearm is to be imported from a third 
country, the person concerned or his authorized agent shall 
supply the Member State of importation with all the 
particulars referred to in the first subparagraph of 
paragraph 2. Where it authorizes 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 authorities of the Member 
States. 
Article 12 
(old Article 7) 
/. 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 of one or 
more journeys, for a specified or unspecified period. Such 
authorizations shall be entered on the European firearms 
certificate which the traveller must produce whenever so 
required by the authorities of the Member States. 
2. Notwithstanding paragraph 1, sportsmen 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 game-shooting or taking part in a 
marksmanship competition provided that for each firearm 
they possess a European firearms certificate 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 
certificate 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 
(new) 
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 Article 7 (2) and Article 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 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 
(old Article 8) 
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 
(old Article 9) 
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. 
No C 299/10 Official Journal of the European Communities 28. 11. 89 
Article 16 with this Directive not later than 31 December 1991. 
(old Article 10) They shall forthwith inform the Commission and the 
other Member States of the measures taken. 
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 The provisions adopted pursuant to the first paragraph shall 
comparable national provisions. make exPress reference to this Directive. 
Article 17 
(old Article 11) Article 18 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 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 weapon 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. 
28. 11. 89 Official Journal of the European Communities No C 299/11 
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 authorization. 
No C 299/12 Official Journal of the European Communities 28. 11. 89 
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 certificate 
The certificate must include the following sections: 
(a) identity of the holder 
(b) identification of the firearm 
(c) period of validity of the certificate 
(d) section for use by the Member State issuing the certificate (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 certificate 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 certificate.' 
— for firearms in categories C and D, the following statement: 
'This certificate 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 certificate. 
However, prior authorization is not required for a journey with a view to engaging in game-shooting 
or taking part in a marksmanship competition, 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).' 
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