WRITTEN QUESTION E-2610/99

by Karl von Wogau (PPE-DE) to the Commission

(12 January 2000)

Subject: Restriction on freedom of movement because of returned goods rules concerning firearms

Is the Commission aware that in the Federal Republic of Germany with effect from 22 June 1999 persons bearing arms already entered in the European Firearms Pass require an additional information sheet INF 3 (on returned goods)?

Does the Commission agree that this is a restriction on freedom of movement?

The introduction of the European Firearms Pass was intended to provide definitive rules for the bearing of arms on the territory of the Member States, The purpose of the new form is not obvious. The value added tax is included in the purchase price. If a weapon is sold there is, in any case, an obligation to have it removed from the arms possession card or the European Firearms Pass within a period of four weeks. Presenting the European Firearms Pass should be sufficient for persons crossing borders.

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2000)

Article 12 of Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons(1) states that possession of a firearm during a journey through two

or more Member States is subject to prior authorisation. By way of derogation, hunters, for firearms classified in categories C and D of Annex I of the Directive, and marksmen, for categories B, C and D, may without prior authorisation be in possession of one or more firearms classified in these categories during a journey through two or more Member States with a view to engaging in their activities, provided that they are in possession of a European firearms pass listing such firearm or firearms and provided that they are able to substantiate the reasons for their journey, in particular by producing an invitation. However, this derogation does not apply to journeys to a Member State which prohibits the acquisition and possession of the firearm in question or which, pursuant to Article 12(2) of Directive 91/477/EEC, makes it subject to authorisation.

The Commission has not been informed by the German authorities of the introduction of the document to which the honourable Member refers. On 16 December 1999, the Commission contacted the German authorities and asked them to explain the nature of the document and the reasons and grounds for introducing it in Germany. When the Commission receives a reply from the German authorities, it will ensure that the honourable Member is informed of the action it intends to take on the matter.

However, the Commission wishes to stress that the European firearms pass is the only document recognised by all the Member States as authorisation for the temporary movement of firearms in journeys between two or more Member States of EU nationals, in particular hunters and marksmen. Furthermore, given the Commission's obligation under Article 12(2) of Directive 91/477/EEC, the question of the functioning of the European firearms pass will be duly taken into account in the report on the application of this Directive which the Commission will address to the Parliament and the Council in the course of 2000.

(1) OJ L 256, 13.9.1991.