Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
Date: 2008-05-21
Institutions: Council of the European Union, European Parliament
Subjects: arms control, arms trade, fight against crime, free movement of goods, illicit trade, personal weapon

8.7.2008

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DIRECTIVES

DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 May 2008

amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 95(1) thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

Directive 91/477/EEC (3) established an accompanying
measure for the internal market.
It creates a balance
between on the one hand the undertaking to ensure a
certain freedom of movement for some firearms within
the Community, and on the other the need to control
this freedom using security guarantees suited to this type
of product.

In accordance with Council Decision 2001/748/EC of
16 October 2001 concerning the signing on behalf of
the European Community of the United Nations Protocol
on the illicit manufacturing of and trafficking in firearms,
their parts, components and ammunition, annexed to the
Convention against transnational organised crime (4), the
Commission signed that Protocol (hereinafter referred to
as
the Community on
16 January 2002.

the Protocol) on behalf of

(1) OJ C 318, 23.12.2006, p. 83.
(2) Opinion of the European Parliament of 29 November 2007 (not yet
published in the Official Journal) and Council Decision of 17 April
2008.

(3) OJ L 256, 13.9.1991, p. 51. Text as corrected by OJ L 54, 5.3.1993,

p. 22.

(4) OJ L 280, 24.10.2001, p. 5.

(4)

(5)

(6)

(7)

to
Indeed,

provisions
important

The accession of the Community to the Protocol requires
of Directive
certain
amendments
to ensure the
is
it
91/477/EEC.
coherent, effective and rapid application of the interna-
tional commitments affecting that Directive. Furthermore,
it is necessary to take the opportunity of this revision in
order to improve that Directive by addressing certain
in particular those that were identified in the
issues,
report of the Commission to the European Parliament
and the Council of 15 December 2000 on the imple-
mentation of Directive 91/477/EEC.

Police intelligence evidence shows an increase in the use
is
of converted weapons within the Community.
therefore
such convertible
to ensure
weapons are brought within the definition of a firearm
for the purposes of Directive 91/477/EEC.

essential

that

It

Firearms, their parts and ammunition, when imported
from third countries, are subject to Community legis-
lation and, accordingly, to the requirements of Directive
91/477/EEC.

The notions of illicit manufacturing and trafficking of
their parts and ammunition, as well as the
firearms,
notion of tracing, should therefore be defined for the
purposes of Directive 91/477/EEC.

Furthermore, the Protocol establishes an obligation to
mark weapons at the time of manufacture and at the
time of transfer from government stocks to permanent
civilian use, whereas Directive 91/477/EEC refers only
indirectly to the marking obligation. In order to facilitate
the tracing of weapons,
it is necessary to use alpha-
numeric codes and to include in the marking the year
of manufacture of the weapon (if not part of the serial
number). The Convention of 1 July 1969 on Reciprocal
Recognition of Proofmarks on Small Arms should, to the
greatest extent possible, be used as a reference for the
marking system in the Community as a whole.

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(8)

it

It

firearms.

containing

tracing of

in view of

is necessary,

Moreover, while the Protocol provides that the period
during which registers
information on
weapons are to be kept must be increased to at least
10 years,
the dangerous
nature and durability of weapons, to extend this period
up to a minimum of 20 years in order to allow the
proper
is also necessary that
Member States keep a computerised data-filing system,
either a centralised system or a decentralised system
which guarantees access to authorised authorities to the
data-filing systems in which the necessary information
regarding each firearm is recorded. Access by police,
judicial and other authorised authorities to the infor-
mation contained
data-filing
system must be subject to compliance with Article 8 of
the European Convention for the Protection of Human
Rights and Fundamental Freedoms.

computerised

in the

(9)

the brokering activities

In addition,
referred to in
Article 15 of the Protocol should be defined for the
purposes of Directive 91/477/EEC.

(10)

In some serious cases, compliance with Articles 5 and 6
requires the application of criminal
of
sanctions and the confiscation of the weapons.

the Protocol

(11) With regard to the deactivation of firearms, point (a) of
Part III of Annex I to Directive 91/477/EEC simply refers
sets out more
to national
explicit
the deactivation of
to Directive 91/477/EEC should
weapons. Annex I
therefore be amended.

legislation. The Protocol

general principles

for

(12) Due to the special nature of the activity of dealers, it is
necessary that Member States exercise a strict control
over this activity,
in particular by verifying the pro-
fessional integrity and abilities of dealers.

(13)

(14)

The acquisition of
firearms by private individuals by
means of distance communications, for example via the
Internet should, where authorised, be subject to the rules
laid down in Directive 91/477/EEC and, as a general rule,
the acquisition of firearms by persons convicted by a
final
criminal
offences should be prohibited.

certain serious

judgment of

court

The European firearms pass functions in a satisfactory
way on the whole and should be regarded as the main
document needed by hunters and marksmen for the
possession of a firearm during a journey to another
Member State. Member States should not make the
acceptance of
the European firearms pass conditional
upon the payment of any fee or charge.

(15)

(16)

(17)

(18)

In order to facilitate the tracing of firearms and efficiently
to combat the illicit trafficking and manufacturing of
firearms, their parts and ammunition, it is necessary to
improve the exchange of information between Member
States.

The processing of information is subject to compliance
with Directive 95/46/EC of the European Parliament and
of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data
and on the free movement of such data (1) and does not
prejudice the level of protection of
individuals with
regard to the processing of personal data under
Community and national
law, and in particular does
not alter the obligations and rights set out in Directive
95/46/EC.

The measures necessary for
the implementation of
Directive 91/477/EEC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (2).

Several Member States have simplified the way they
classify firearms by switching from four categories to
the following two: prohibited firearms and firearms
subject to authorisation. Member States should fall into
line with this simplified classification, although Member
States which divide firearms into a further set of cate-
gories may,
in accordance with the principle of subsi-
diarity, maintain their existing classification systems.

(19) Authorisations for

firearms should, as far as possible,
administrative procedure.

the acquisition and possession of
involve a single

(20) Article 2(2) of Directive 91/477/EEC among other things
excludes from the scope of application of that Directive
the acquisition or possession of weapons and ammu-
nition in accordance with national
law by collectors
and bodies concerned with the cultural and historical
aspects of weapons and recognised as such by the
Member State in whose territory they are established.

(21)

the Interinstitutional
In accordance with point 34 of
law-making (3), Member States
Agreement on better
should draw up, for themselves and in the interests of
the Community, their own tables illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and make them public.

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(3) OJ C 321, 31.12.2003, p. 1.

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(22) Directive 91/477/EEC should therefore be amended

accordingly,

that are used in a
powder, bullets or projectiles,
firearm, provided that those components are themselves
subject to authorisation in the relevant Member State.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 91/477/EEC

Directive 91/477/EEC is hereby amended as follows:

1. Article 1 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

For the purposes of this Directive, “firearm” shall
‘1.
mean any portable barrelled weapon that expels,
is
designed to expel or may be converted to expel a
shot, bullet or projectile by the action of a combustible
propellant, unless it is excluded for one of the reasons
listed in Part III of Annex I. Firearms are classified in
part II of Annex I.

For the purposes of this Directive, an object shall be
considered as capable of being converted to expel a
shot, bullet or projectile by the action of a combustible
propellant if:

— it has the appearance of a firearm, and

— as a result of its construction or the material from

which it is made, it can be so converted.’;

(b) the following paragraphs shall be inserted:

‘1a.
For the purposes of this Directive, “part” shall
mean any element or replacement element specifically
designed for a firearm and essential to its operation,
including a barrel, frame or receiver, slide or cylinder,
bolt or breech block, and any device designed or
adapted to diminish the sound caused by firing a
firearm.

this Directive,

“essential
1b.
For the purposes of
component”
breach-closing
mean
shall
mechanism, the chamber and the barrel of a firearm
which, being separate objects, are included in the
category of
the firearms on which they are or are
intended to be mounted.

the

For the purposes of this Directive, “ammunition”
1c.
shall mean the complete round or the components
including cartridge cases, primers, propellant
thereof,

For the purposes of this Directive, “tracing” shall
1d.
mean the systematic tracking of firearms and, where
possible,
their parts and ammunition from manu-
facturer to purchaser for the purpose of assisting the
competent authorities of Member States in detecting,
investigating and analysing illicit manufacturing and
illicit trafficking.

For the purposes of this Directive, “broker” shall
1e.
mean any natural or legal person, other than a dealer,
whose trade or business consists wholly or partly in the
buying, selling or arranging the transfer of weapons.’;

(c) paragraph 2 shall be replaced by the following:

‘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,
trade, exchange, hiring out, repair or conversion of
firearms, parts and ammunition.’;

(d) the following paragraphs shall be inserted:

‘2a.
For the purposes of this Directive, “illicit manu-
facturing” shall mean the manufacturing or assembly of
firearms, their parts and ammunition:

(i) from any essential component of such firearms

illicitly trafficked;

(ii) without an authorisation issued in accordance with
Article 4 by a competent authority of the Member
State where the manufacture or assembly takes
place; or

(iii) without marking the assembled firearms at

the
accordance with

of manufacture

time
Article 4(1).

in

shall mean the acquisition,

For the purposes of this Directive, “illicit traf-
2b.
ficking”
sale, delivery,
movement or transfer of firearms, their parts or ammu-
nition from or across the territory of one Member State
to that of another Member State if any one of the
Member States concerned does not authorise it
in
accordance with the terms of this Directive or if the
assembled firearms are not marked in accordance with
Article 4(1).’;

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(e) paragraph 4 shall be replaced by the following:

‘4.
A “European firearms pass” shall be issued on
request by the authorities of a Member State to a
person lawfully entering into possession of and using
a firearm. It shall be valid for a maximum period of five
years, which may be extended, and shall contain the
information set out in Annex II. It shall be non-trans-
ferable and shall
firearms
possessed and used by the holder of the pass. It must
always be in the possession of the person using the
firearm and any change in the possession or characte-
ristics of the firearm, as well as the loss or theft thereof,
shall be indicated on the pass.’;

record the

firearm or

a

Furthermore, Member States shall ensure, at the time of
transfer of
to
the appropriate unique marking
permanent civilian use,
permitting identification by States of
the transferring
country.

firearm from government

stocks

3. Member States shall make the pursuit of the activity
of dealer within their territory conditional upon authorisa-
tion on the basis of at least a check of the private and
professional integrity and of the abilities of the dealer. In
the case of a legal person, the check shall be on the person
who directs the undertaking.

2. Article 4 shall be replaced by the following:

‘Article 4

1. Member States shall ensure either that any firearm or
part placed on the market has been marked and registered
in compliance with this Directive, or that it has been deac-
tivated.

4. Member States shall, by 31 December 2014, ensure
the establishment and maintenance of a computerised data-
filing system, either a centralised system or a decentralised
system which guarantees to authorised authorities access to
the data-filing systems in which each firearm subject to this
Directive shall be recorded. This filing system shall record
and maintain for not less than 20 years each firearm’s type,
make, model, calibre and serial number, as well as the
names and addresses of
the supplier and the person
acquiring or possessing the firearm.

For

the purpose of

2.
assembled firearm, Member States shall, at
manufacture of each firearm, either:

identifying and tracing each
the time of

(a) require a unique marking,

including the name of the
manufacturer, the country or place of manufacture, the
serial number and the year of manufacture (if not part
of the serial number). This shall be without prejudice to
the affixing of the manufacturer’s trademark. For these
purposes, the Member States may choose to apply the
provisions of the Convention of 1 July 1969 on Reci-
procal Recognition of Proofmarks on Small Arms; or

(b) maintain any alternative unique user-friendly marking
with a number or alphanumeric code, permitting ready
identification by all States of the country of manu-
facture.

their period of activity, dealers
in which all

shall be
Throughout
firearms
required to maintain a register
to this Directive and which are received or
subject
disposed of by them shall be recorded,
together with
such particulars as enable the firearm to be identified and
traced,
in particular the type, make, model, calibre and
serial number thereof and the names and addresses of the
persons supplying and acquiring it. Upon the cessation of
his activities, the dealer shall deliver the register to the
national
system
responsible
provided for in subparagraph 1.

authority

filing

the

for

5. Member States shall ensure that all firearms may be
linked to their owner at any moment. However, as regards
firearms classified in category D, Member States shall, as
into place appropriate tracing
from 28 July 2010, put
measures,
from 31 December 2014,
as
measures enabling linking at any moment to the owner
of firearms placed on the market after 28 July 2010.’;

including,

The marking shall be affixed to an essential component of
the firearm, the destruction of which would render the
firearm unusable.

3. the following articles shall be inserted:

Member States shall ensure that each elementary package of
complete ammunition is marked so as to provide the name
of the manufacturer, the identification batch (lot) number,
the calibre and the type of ammunition. For these purposes
Member States may choose to apply the provisions of the
Convention of 1 July 1969 on Reciprocal Recognition of
Proofmarks on Small Arms.

‘Article 4a

Without prejudice to Article 3, Member States shall allow
the acquisition and possession of firearms only by persons
who have been granted a licence or, with respect to cate-
gories C or D, who are specifically permitted to acquire and
possess such firearms in accordance with national law.

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Article 4b

Member States shall consider establishing a system for the
regulation of the activities of brokers. Such a system might
include one or more measures such as:

(a) requiring the registration of brokers operating within

their territory;

(b) requiring the licensing or authorisation of the activity

of brokering.’;

4. Article 5 shall be replaced by the following:

‘Article 5

Without prejudice to Article 3, Member States shall permit
the acquisition and possession of firearms only by persons
who have good cause and who:

other

than
firearms

through
for

(a) are at least 18 years of age, except in relation to the
and
acquisition,
target
possession of
shooting, provided that in that case persons of
less
than 18 years of age have parental permission, or are
under parental guidance or the guidance of an adult
with a valid firearms or hunting licence, or are within
a licenced or otherwise approved training centre;

purchase,
and

hunting

(b) are not likely to be a danger to themselves, to public
order or to public safety. Having been convicted of a
violent intentional crime shall be considered as indi-
cative of such danger.

Member States may withdraw authorisation for possession
of a firearm if any of the conditions on the basis of which
it was granted are no longer satisfied.

Parliament and of the Council of 20 May 1997 on the
protection
distance
contracts (*), shall, where authorised, be strictly controlled.

consumers

respect

of

of

in

___________
(*) OJ L 144, 4.6.1997, p. 19. Directive as last amended by
Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).’;

6.

in Article 7, the following paragraphs shall be added:

‘4. Member States may consider granting persons who
satisfy the conditions for the granting of an authorisation
for a firearm a multiannual licence for the acquisition and
possession of all firearms subject to authorisation, without
prejudice to:

(a)

the obligation to notify the competent authorities of
transfers;

(b) the periodic verification that those persons continue to

satisfy the conditions; and

(c)

the maximum limits
national law.

for possession laid down in

rules

5. Member States
to ensure that
shall adopt
persons holding authorisations for firearms of category B
in force under national law as at 28 July 2008 do not need
to apply for a licence or permit regarding firearms they
hold in categories C or D due to the entry into force of
Directive 2008/51/EC of the European Parliament and of
the Council of 21 May 2008 (*). However, any subsequent
transfer of firearms of categories C or D shall be subject to
the transferee obtaining or having a licence or being speci-
fically permitted to possess those firearms in accordance
with national law.

___________
(*) OJ L 179, 8.7.2008, p. 5.’;

Member States may not prohibit persons resident within
their
territory from possessing a weapon acquired in
another Member State unless they prohibit the acquisition
of the same weapon within their own territory.’;

7.

in Article 11(3), the second subparagraph shall be replaced
by the following:

5.

in Article 6, the following paragraph shall be added:

‘Member States shall ensure that, except with respect to
dealers,
firearms and their parts and
ammunition by means of distance communication, as
defined in Article 2 of Directive 97/7/EC of the European

the acquisition of

‘Prior to the date of transfer, the dealer shall communicate
to the authorities of the Member State from which the
transfer is to be effected all the particulars listed in the
first subparagraph of paragraph 2. Those authorities shall
carry out inspections, where appropriate on the spot, to
verify
information
communicated by the dealer and the actual characteristics
of the transfer. The information shall be communicated by
the dealer within a period allowing sufficient time.’;

correspondence

between the

the

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8.

in Article 12(2), the first subparagraph shall be replaced by
the following:

11. Article 16 shall be replaced by the following:

‘Notwithstanding paragraph 1, hunters, in respect of cate-
gories C and D, and marksmen, in respect of categories B,
C and D, may, without prior authorisation, be in possession
of one or more firearms 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
they are able to substantiate the
and provided that
in particular by producing an
reasons for their journey,
target
their hunting or
invitation or other proof of
shooting activities in the Member State of destination.

Member States may not make acceptance of a European
firearms pass conditional upon the payment of any fee or
charge.’;

9. Article 13(3) shall be replaced by the following:

‘3.
For the purposes of the efficient application of this
Directive, Member States shall exchange information on a
regular basis. To this end, the Commission shall set up, by
28 July 2009, a contact group for the exchange of infor-
mation for the purposes of applying this Article. Member
States shall inform each other and the Commission of the
national
and
responsible
receiving information and for complying with the obli-
gations set out in Article 11(4).’;

transmitting

authorities

for

‘Article 16

lay down the rules on penalties
Member States shall
the national provisions
applicable to infringements of
adopted pursuant
take all
measures necessary to ensure that they are implemented.
The penalties provided for must be effective, proportionate
and dissuasive.’;

to this Directive and shall

12. Article 17 shall be replaced by the following:

‘Article 17

The Commission shall, by 28 July 2015, submit a report to
the European Parliament and the Council on the situation
resulting from the application of
this Directive, accom-
panied, if appropriate, by proposals.

The Commission shall, by 28 July 2012, carry out research
and submit a report to the European Parliament and the
Council on the possible advantages and disadvantages of a
firearms (prohibited or
reduction to two categories of
authorised) with a view to the better functioning of the
internal market for the products in question by means of
possible simplification.

The Commission shall, by 28 July 2010, submit a report to
the European Parliament and the Council presenting the
conclusions of a study of the issue of the placing on the
market of replica firearms in order to determine whether
the inclusion of such products within the scope of this
Directive is possible and desirable.’;

10. the following article shall be inserted:

13. Annex I shall be amended as follows:

‘Article 13a

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implemen-
ting powers conferred on the Commission (*) shall apply,
having regard to the provisions of Article 8 thereof.

(a)

in Part
I,
following:

the first

indent shall be replaced by the

‘— any firearm as defined in Article 1 of

Directive,’;

the

(b) Part III shall be amended as follows:

(i) point (a) shall be replaced by the following:

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

___________
(*) OJ L 184, 17.7.1999, p. 23. Decision as amended by
Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’;

‘(a) have been rendered permanently unfit for use
by deactivation, ensuring that all essential parts
of the firearm have been rendered permanently
inoperable and incapable of
repla-
cement or a modification that would permit
the firearm to be reactivated in any way’;

removal,

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(ii) the following paragraph shall be inserted after the

first paragraph:

reference on the occasion of their official publication. Member
States shall determine how such references are to be made.

it

‘Member States shall make arrangements for the
deactivation measures referred to in point (a) to
be verified by a competent authority in order to
ensure that the modifications made to a firearm
irreversibly inoperable. Member States
render
in the context of this verification, provide
shall,
for the issuance of a certificate or record attesting
to the deactivation of the firearm or the apposition
of a clearly visible mark to that effect on the
firearm. The Commission shall, acting in accordance
with the procedure referred to in Article 13a(2) of
the Directive,
issue common guidelines on deacti-
vation standards and techniques to ensure that
deactivated firearms are rendered irreversibly inop-
erable.’.

Article 2

Transposition

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 4

Addressees

This Directive is addressed to the Member States.

1. Member States shall, by 28 July 2010, bring into force the
laws, regulations and administrative provisions necessary to
comply with this Directive. They shall forthwith communicate
to the Commission the text of those measures.

When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a

Done at Strasbourg, 21 May 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ