WRITTEN QUESTION E-1684/02 by Hubert Pirker (PPE-DE) to the Commission. Free movement of hunting weapons.
Date: 2002-06-12
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, customs regulations, free movement of goods, import policy, interpretation of the law, personal weapon

C 137 E/20

Official Journal of the European Union

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12.6.2003

Will the Commission strongly protest to the Serbian authorities in Belgrade about the conduct of their
embassy in Belgium in this respect?

Pending a definitive solution, can the Commission urge the authorities concerned to adopt interim
arrangements?

Answer given by Mr Patten on behalf of the Commission

(5 July 2002)

The United Nations Interim Administration Mission in Kosovo (UNMIK) can only issue travel documents to
habitual residents of Kosovo.

In order to obtain an UNMIK travel document, the applicant must have registered in Kosovo (i.e. be the
holder of an UNMIK ID-card) and applied for the travel document. The relevant procedure is fast and
efficient. The application is filed and the document issued at the municipality of residence, and the
procedure normally only takes around three weeks.

As regards entry into Kosovo, UNMIK, in cooperation with the International Security Force in Kosovo
(KFOR), is following a policy of strict controls in line with its mandate under United Nations Security
Council Resolution (UNSCR) 1244 and in view of the necessary security considerations in the wider
region. It is important to note that there are no visa requirements as such for entering Kosovo.

Refugees with ‘statutory residence’ in any other territory, for example in Belgium, are not habitual residents
of Kosovo. Their status is governed by the respective national laws and regulations of their country of
residence, e.g. on interim or provisional documentation issued by that state.

The only way in which people originating in the Federal Republic of Yugoslavia (FRY) but not being
habitual residents of Kosovo, and whose state of residence does not issue provisional
internationally
accepted documentation, can obtain identity documents is through the FRY administration. UNSCR 1244
reaffirms the sovereignty and territorial integrity of FRY. FRY ID-documents can be obtained through the
network of FRY embassies abroad or, an improvement on past procedures, at the Yugoslav Liaison Office
in Pristina.

The Commission is not aware of any irregularities relating to the issuance of passports in FRY diplomatic
representations, but will convey the Honourable Member’s preoccupations to the FRY Embassy in Belgium.

(2003/C 137 E/023)

WRITTEN QUESTION E-1684/02

by Hubert Pirker (PPE-DE) to the Commission

(12 June 2002)

Subject: Free movement of hunting weapons

According to oral statements by the Italian authorities, the Italian laws Decreto Legge Nr. 527/92 of
30 December 1992 and Decreto Ministeriale Nr. 635/96 of 30 October 1996 do not permit
the
temporary importation of hunting weapons into Italy from another Member State, for example for them to
be shown to potential customers.

To what extent does the Commission view this as non-compliance with the implementation of Directive
91/477/EEC (1) and as an obstacle to the free movement of goods?

(1) OJ L 256, 13.9.1991, p. 51.

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Official Journal of the European Union

C 137 E/21

Supplementary answer
given by Mr Bolkestein on behalf of the Commission

(15 November 2002)

Following the written question asked by the Honourable Member, the Commission asked the Italian
authorities to clarify the regulatory context governing the application of Council Directive 91/477/EC of
18 June 1991 on control of the acquisition and possession of weapons (1) and their transfer to another
Member State.

The Italian authorities explained to us that there was no obstacle to the temporary transfer of firearms into
Italy for holders of the European firearms pass, essentially for the purposes of target shooting and hunting,
providing also that the type of weapon used was authorised in Italy. Under this scenario, travellers can
bring in a limited quantity of weapons under very specific circumstances and return with these to their
country of origin. The Commission therefore considers that, in the case of marksmen and hunters, the
Italian regulations comply with the Directive.

It appears, however, from the information that the Commission has received to date that if the context is
different from that described in the previous paragraph, the Italian authorities make the transfer of firearms
into Italy subject to prior authorisation. This authorisation is conditional, in particular, upon the intending
importer from another Member State providing in advance an address for service at
the place of
destination of the weapons.

The Commission is examining whether this latter requirement is compatible with the provisions of
Directive 91/477/EEC and with Articles 28 to 30 of the EC Treaty, and will probably have to seek further
details from the Italian authorities.

(1) OJ L 256, 13.9.1991.

(2003/C 137 E/024)

WRITTEN QUESTION E-1719/02

by André Brie (GUE/NGL) to the Commission

(13 June 2002)

Subject: Funding granted to the five new German Länder under the (three) financial instruments for SMEs

The 1988 ‘Growth and Employment Initiative’ included the creation of three financial instruments for
SMEs: the SME guarantee facility, the ETF start-up facility and the Joint European Venture (JEV). Can the
Commission indicate the amount of funding granted since their creation to the following German Länder:

(cid:1) Mecklenburg-Western Pomerania,

(cid:1) Brandenburg,

(cid:1) Berlin,

(cid:1) Saxony-Anhalt,

(cid:1) Thuringia,

(cid:1) Saxony?

Can the Commission break the figures down according to financial instrument and Land and, if possible,
indicate the percentage difference compared with the Länder in the former West Germany?

Answer given by Mr Solbes Mira on behalf of the Commission

(19 August 2002)

Under the SME guarantee facility, small and medium-sized businesses in the new Länder and Berlin have
obtained some 4 100 loans, equivalent to 21,6 % of all loans granted to small and medium-sized businesses