WRITTEN QUESTION E-0601/04 by Avril Doyle (PPE-DE) to the Commission. Firearms licensing.
Date: 2004-02-27
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, enlargement of the Union, personal weapon

C 84 E/434

Official Journal of the European Union

EN

3.4.2004

national authorities of the host State. However, such legal formalities must not be designed in such a way
that they restrict the freedom of movement required by the EC Treaty or limit the right conferred on
nationals of the Member States to enter and reside in the territory of any other Member State for the
purposes intended by Community law. (5) Host Member States may also require migrant workers to obtain
a residence card. The same rules apply to other EU nationals who make use of their right of free
movement and residence.

According to the Commission’s information, Spain has suppressed the obligation to obtain a residence
card for EU citizens who are workers, self-employed persons, students or beneficiaries of the right of
permanent residence. France has also recently adopted legislation suppressing this obligation for all
EU citizens, but this shall not apply to workers from acceding States who will still need to obtain a
residence card for as long as the transitional measures last. The rest of the Member States’ legislations still
lay down the obligation for EU citizens to obtain a residence card.

According to Article 7(2) of Regulation (EEC) No 1612/68, EU migrant workers ‘shall enjoy the same
2.
social and tax advantages as national workers’ in the host Member State. Community law does not regulate
the level at which these social and tax advantages are set by the individual Member States, but guarantees
that regardless of the level at which they are set by a particular Member State, migrant workers from other
Member States will need to be given the same treatment.

3.
The Commission can ensure the Honourable Member that it doesn’t hesitate to act in accordance
with its duty as a guardian of the treaties, when a Member State is in breach of Community law provisions
which prohibit discrimination on the ground of nationality.

(1) OJ L 257, 19.10.1968, Articles 1-12 as amended by Council Regulation (EEC) No 312/76, OJ L 39, 14.2.1976.
(2) OJ L 257, 19.10.1968.
(3) Dir. 68/360, Article 2(1); Article 3(1); Case C- 68/89; Commission v. Netherlands [1991] ECR I-2637, [1993]
2 CMLR 389. The requirement to hold and produce a valid identity card or passport will not disappear until there
has been complete harmonization of national laws concerning immigration into the Community, the grant of visas,
asylum and so forth: see Case C-378/97: Wijsenbeck [199] ECR I-6207, paras. 39-45.

(4) Case 321/87: Commission v. Belgium [1989] ECR 997.
(5) Case C-265/88: Re Messner [1989] ECR 4209.

(2004/C 84 E/0505)

WRITTEN QUESTION E-0601/04

by Avril Doyle (PPE-DE) to the Commission

(27 February 2004)

Subject: Firearms licensing

Can the Commission advise as to whether there are any initiatives to harmonise firearms licensing laws
across the enlarged European Union?

Answer given by Mr Bolkestein on behalf of the Commission

(1 April 2004)

The provisions governing the movement of weapons (other than weapons of war) within the EU are
contained in Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession
of weapons (1).

This directive forms part of the Community acquis and therefore has to be transposed on the day of the
new Members’ accession. The Commission will make efforts to ensure that this transposition is correct.

The directive in question being a minimum directive, it does not make provision for harmonising firearms
licensing laws, focussing mainly on defining the particulars by which firearms may be identified and the
procedures for their movement.

The rules which apply to the current Member States will apply in the same way as of 1 May 2004 to all
countries which are part of the EU.

(1) OJ L 256, 13.9.1991.