WRITTEN QUESTION P-1699/02 by Martin Schulz (PSE) to the Council. Firearms legislation in the European Union.
Date: 2002-06-06
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, arms control, personal weapon, public safety

C 52 E/92

Official Journal of the European Union

EN

6.3.2003

The Council has not hitherto been aware of facts such as those mentioned by the Honourable Member,
and no claims have been referred to it in connection with such problems. In any event, the Council could
act only on the basis of a proposal from the Commission, if the latter considers the current legislation
insufficient and believes that it is necessary and appropriate to put in place specific regulations on
vinegars. No proposal on this subject is being considered at present.

(2003/C 52 E/105)

WRITTEN QUESTION P-1699/02

by Martin Schulz (PSE) to the Council

(6 June 2002)

Subject: Firearms legislation in the European Union

The tragic events of 26 April 2002, when a final-year pupil shot 16 people at the Gutenberg-Gymnasium
in Erfurt, led to a broad public debate in Germany and the EU concerning the approach to violence in our
society. Attention has particularly focused on firearms legislation.

Would it be possible to harmonise firearms legislation in the EU in such a way as to make access to
firearms subject to uniform criteria?

Reply

(5 November 2002)

to uniform criteria. The Council would, however, point out

The Commission, which exercises its right of initiative within the scope of the Community powers
conferred upon it by the Treaty, has not submitted a Commission proposal to the Council with a view to
harmonising the different firearms legislations in the Union in such a way as to make access to firearms
subject
in accordance with the
conclusions of the Fontainebleau European Council on 25 and 26 June 1984 and with a view to ensuring
the abolition of all police and customs formalities at intra-Community frontiers by 31 December 1992 on
the one hand and fostering greater mutual confidence between Member States in the field of the protection
of the safety of persons on the other,
it adopted Council Directive 91/477/EEC of 18 June 1991 on
control of the acquisition and possession of weapons (1). This Directive provides in particular for the
establishment of minimum criteria in the area of acquisition and possession of firearms, and gives Member
States the freedom to adopt in their legislation provisions which are more stringent than those laid down
in the Directive. Article 2 of the Directive excludes from its scope the acquisition or possession of weapons
by the armed forces, the police, the public authorities, collectors and historical and cultural bodies, as well
as commercial transfers of weapons and ammunition of war.

that,

Furthermore, it should be borne in mind that pursuant to Article 296(1)(b) of the TEC, any Member State
may take such measures as it considers necessary for the protection of the essential interests of its security
which are connected with the production of or trade in arms, munitions and war material.

(1) OJ L 256, 13.9.1991.

(2003/C 52 E/106)

WRITTEN QUESTION P-1704/02

by Elly Plooij-van Gorsel (ELDR) to the Commission

(7 June 2002)

Subject: Tax legislation in the Federal Republic of Germany (cid:1) 15 % tax deduction at source

On 7 September 2001, the Gesetz zur Eindämmung illegaler Betätigung im Baugewerbe (Act to curb
illegal activities in the building trade) entered into force in the Federal Republic of Germany. It requires any
principal who commissions ‘building work’ to deduct 15 % of the gross contract sum from payments to