REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL The placing on the market of replica firearms
Date: 2010-07-27
Institutions: European Commission
Subjects: arms trade, firearms and munitions, free movement of goods, public safety

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EUROPEAN COMMISSION 

Brussels, 27.7.2010 
COM(2010)404 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

The placing on the market of replica firearms 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

The placing on the market of replica firearms 

This report is drafted by virtue of Article 17 of Council Directive 91/477/EEC on the control 
of  the  acquisition  and  possession  of  weapons,  as  amended  by  Directive  2008/51/EC  of  the 
European Parliament and of the Council of 21 May 2008. 

1. 

1.1. 

1.2. 

1.3. 

2. 

2.1. 

DIRECTIVE  2008/51/EC  AMENDING  DIRECTIVE  91/477/EEC  AND  THE  MATTER  OF 
REPLICA FIREARMS 

The issue of replica firearms which arose during the legislative work leading to the 
adoption  of  Directive  2008/51/EC  is  largely  due  to  the  integration  of  security 
concerns in a Directive which was initially merely a Directive intended to simplify, 
with the requisite security guarantees, the circulation of firearms owned by civilians 
in the internal market. 

However,  during  the  discussion  of  the  amended  Directive  in  the  European 
Parliament, a number of policy experts who had been invited by MEPs explained the 
potentially  criminal  use  of,  for  example,  alarm  guns  (or  guns  designed  for  firing 
blanks), when converted into real firearms by delinquents. 

As  a  direct  consequence  of  this  concern,  the  definition  of  firearm  in  the  amended 
Directive,  extracted  almost  word-for-word  from  the  "Firearms  Protocol"1,  includes 
objects "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."  

The Directive therefore does not apply to other products which have the appearance 
of a firearm, such as replica firearms, for which no definitions are contained in the 
Directive. 

REPLICA  FIREARMS:  DIFFERENT  MEANINGS  FROM  ONE  MEMBER  STATE  TO 
ANOTHER 

The "Firearms Protocol" does not offer any truly operative criteria for this report in 
its  definition  of  a  "firearm":  in  Article  3,  the  definition  of  firearm  includes  in  the 
assimilation  to  a  firearm  only  objects  which  can  be  "readily  converted"  for  that 
purpose. 

2.2. 

The term "replicas" covers objects which differ considerably from one Member State 
to  another  and  vary  greatly  in  their  nature, complexity and level of  danger;  several 

1 

Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and 
ammunition,  supplementing  the  United  Nations  Convention  against  Transnational  Organised  Crime  - 
http://www.unodc.org/pdf/crime/a_res_55/255e.pdf. 

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2.3. 

2.4. 

2.5. 

2.6. 

2.7. 

3. 

3.1. 

objects  can  thus  more  or  less  be  considered  as  replica  firearms.  In  fact,  the  term 
"replica  firearm"  can  apparently  be  used  to  describe  objects  ranging  from  those 
which simply resemble a firearm to those which are entirely identical to one.  

Other  terms  can  also  have  the  same  meaning  as  the  term  "replica":  reproductions, 
imitations,  copies.  It  therefore  seems  necessary  to  take  an  inventory  of  objects  that 
common  sense  would  lump  together  in  the  same  category,  to  a  greater  or  lesser 
degree, as replicas. 

Some legislation uses the term "replica" for weapons with a strictly identical design, 
the  same  appearance  and  characteristics  as  the  original  weapon.  We  know  that 
experienced  craftsmen  in  different  parts  of  the  world  can  copy  and,  so  to  speak, 
"clone"  a  weapon  from  the  original  model.  It  is  clear  that  if  such  weapons  are  not 
manufactured  with  a  trade  patent  and  in  compliance  with  all  the  national  and 
European regulations, their manufacture, possession and all the more so their use is 
completely illegal. 

Other replicas are also types of "clones" of real weapons. However, unlike previous 
cases,  they  are  said  to  be  "inert"  or  sometimes  "decorative"  or  "dummy"  weapons. 
The frame can be made of metal or plastic, and they may be comparable in weight or 
much  lighter  but,  in  any  case,  these  objects  are  entirely  unsuitable  for  shooting  or 
loading ammunition. They are appreciated mainly as collectors' items.  

Some guns (mainly handguns), which are real firearms, become denatured products 
under a special and specific business licence. For instance, the manufacturer of a real 
gun  may  sell  his  licence  to  another  manufacturer,  who  will  make  a  true  and  legal 
copy of the model in question but just as a pellet gun and/or a gun intended simply to 
fire blanks or an alarm.  

Indeed,  alarm  guns  in  general  can  often  be  a  rather  realistic  imitation  of  firearms 
(without necessarily being a copy of any precise model). According to the Permanent 
International Commission for Portable Firearms Testing2 (CIP), all portable guns not 
designed to shoot solid projectiles are considered to be alarm guns. An alarm gun can 
therefore shoot blanks, gas and teargas cartridges. 

OTHER  PRODUCTS  RESEMBLE  FIREARMS  WITHOUT  BEING  COMMONLY  CLASSIFIED 
AS REPLICAS 

For instance, more or less realistic imitations of firearms are used for relatively new 
leisure or hobby activities, such as "airsoft"; this is a leisure activity which takes the 
form  of  a  game  generally  involving  two  opposing  teams  of  players  equipped  with 
imitation guns (generally made of plastic) which shoot 6mm or 8mm plastic pellets 
propelled by gas or compressed air. The propulsion power ranges in general from 2 
to 7 joules.  

3.2. 

Pellet guns can sometimes bear a resemblance to a real gun (but are not necessarily 
imitations of a particular model). They shoot cartridges containing small steel, lead 

2 

The  CIP  is  an  international  organisation  involving  13  countries,  11  of  which  belong  to  the  European 
Union.  

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or rubber pellets. The principle of gas-propulsion remains the same as for the airsoft 
guns, the essential difference being in the type of cartridge used. 

Other objects are similar in certain respects to firearms, without necessarily imitating 
them in a very realistic manner: take, for example, the launchers used for "paintball". 
This  is  a  leisure  activity  practiced  in  privately-owned  natural  or  urban  settings  and 
usually  involving  two  opposing  teams  of  players  equipped  with  launchers  which 
propel paint pellets by gas or compressed air. Paint pellets are projected by a force of 
between 10 and 13 joules. 

Other objects can also bear a certain resemblance to real firearms, such as stun guns 
or distress/signal guns.  

In some types of terminology, the word "replica" can also apply to reproductions of 
antique  weapons:  these  objects  are  a  more  or  less  faithful  (sometimes  perfect) 
reproduction  of  historical  models  of  weapons,  borrowed  for  this  purpose  from 
museums and copied to be sold to collectors. 

Lastly, it must be pointed out that a specific Directive clarifies the distinction which 
must be made between a "replica" firearm and a toy. Indeed, according to point 20 of 
Annex I to Directive 88/378/EEC, "faithful reproductions of real firearms" cannot be 
considered as toys3. Furthermore, this exclusion is further detailed and extended by 
the  new  Directive  2009/48/EC  repealing  Directive  88/378/EEC,  and  must  be 
transposed into national law before 20 January 2011.  

REPLICA FIREARMS: SOME GENERAL ECONOMIC ASPECTS 

In  Eurostat's  data,  spring,  air  or  gas  guns  and  truncheons  are  included  in  the  same 
statistical category4.  

3.3. 

3.4. 

3.5. 

3.6. 

4. 

4.1. 

4.2.  With  regard  to  EU  production  in  this  category,  we  can  observe  a  relatively  stable 
trend  over  the  last  five  years,  totalling  some  EUR 190  million  in  2008.  Production 
volume has risen somewhat to one million units in 2008. According to the available 
statistics, the four main producer countries in the EU are Germany (which has a large 
population  of  hobby  marksmen  –  around  1.7  million  licence-holders),  Italy,  the 
United Kingdom and Spain.  

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Article 1 of Directive 88/378/EEC: "This Directive shall apply to toys. A 'toy' shall mean any product or 
material designed or clearly intended for use in play by children of less than 14 years of age." 
Eurostat statistics distinguish between the categories "Firearms" and "Other arms". Firearms: Revolvers 
and  pistols,  hunting  rifles,  rifles,  carbines  and  muzzle-loaders  (excluding  military  use).  Other  arms: 
spring, air or gas rifles and pistols and truncheons (excluding military use).  

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EU Production 

600 000 000

500 000 000

400 000 000

Euros 

300 000 000

200 000 000

100 000 000

0

2004

2005

2006

2007

2008

Other weapons 180 000 000

172 295 261

163 542 983

194 055 965

191 801 036

Firearms

522 627 678

545 891 378

554 405 009

560 640 903

577 847 802

Year

EU Production 

2 000 000

1 500 000

Units

1 000 000

500 000

0

2004

2005

2006

2007

2008

Other weapons

880 000

897 019

1 200 000

1 280 000

1 000 000

Firearms

2 183 825

1 810 574

1 871 733

1 940 372

1 924 997

Year

4.3. 

Imports into the EU from third countries totalled close to EUR 50 million in 2008. 
Again according to Eurostat, the main suppliers of the European market are China, 
the United States, Taiwan and Japan. It should also be pointed out that Turkey and 
Russia manufacture substantial volumes of pellet and alarm guns. 

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EU imports from third countries

60 000 000

50 000 000

40 000 000

Euros

30 000 000

20 000 000

10 000 000

0

2004

2005

2006

2007

2008

Firearms

50 412 120

53 281 250

52 532 160

56 869 810

52 254 710

Other weapons

25 324 410

26 514 070

28 613 490

43 869 020

49 030 130

Year

Exports  from  the  EU  to  third  countries  total  close  to  EUR  55  million.  Their  main 
destinations  are  the  United  States,  Russia,  the  United  Arab  Emirates,  Saudi  Arabia 
and Ukraine. 

EU exports to third countries

400 000 000

350 000 000

300 000 000

250 000 000

Euros

200 000 000

150 000 000

100 000 000

50 000 000

0

2004

2005

2006

2007

2008

Other weapons 35 089 070

34 110 940 42 636 980

52 956 700 55 902 570

Firearms

301 750 560 297 584 350 325 416 340 347 770 490 348 585 950

Year

4.4. 

The  value  of  intra-EU  trade  remained  relatively  stable  in  2008  at  around 
EUR 53 million.  The  main  suppliers  are  Germany  and  Spain.  The  main  buyers  are 
France, the Czech Republic and Italy.  

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Intra-Community trade

Euros

250 000 000

200 000 000

150 000 000

100 000 000

50 000 000

0

2004

2005

2006

2007

2008

Other weapons

49 755 070

43 937 020

42 301 460

53 276 190

53 805 580

Firearms

170 168 540 182 123 940 202 788 010 210 765 130 212 754 040

Year

5. 

QUESTIONNAIRE ON REPLICA FIREARMS DRAFTED BY THE EUROPEAN COMMISSION 

5.1.  With  a  view  to  understanding  the  issue  of  replica  firearms  as  fully  as  possible,  the 
Commission drafted a questionnaire which was sent to all the Member States in July 
2009.  

5.2. 

The  field  of  questions  raised  was  as  broad  as  possible,  and  covered  the  following 
aspects:  

(a) 

(b) 

(c) 

(d) 

security  or  policing  aspects,  (police  statistics  on  crime  and  offences 
involving replicas, restrictions on carrying replicas or exhibiting them 
in public, etc.); 

legislative  and  regulatory  aspects,  with  the  particular  aim  of  finding 
out  which  Member  States  already  referred  specifically  to  replica 
firearms  in  their  legislation  and,  in  such  cases,  which  provisions 
applied  (placing  on  the  market,  application  of  these  provisions  to 
replicas imported and transferred from other Member States, etc.); 

economic  aspects,  to  try  to  estimate  the  economic  importance  of 
replicas; 

aspects  linked  to  the  possible  conversion  of  replicas,  such  as  the 
existence  of 
in 
"anti-conversion" 
manufacturing and/or distribution. 

standards  or  procedures 

5.3. 

All  the  Member  States  replied  to  this  questionnaire,  which  was  supplemented  by 
meetings with both the administrative authorities responsible for these issues (mainly 
the  Ministries  of  the  Interior  and  Ministries  of  Justice)  and  representatives  of 
industry,  retailers  and  the  socioprofessional  categories  most  affected  by  the 
developments of Directive 91/477/EEC. 

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5.4. 

6. 

6.1. 

Lastly,  the  results  of  the  consultation  of  the  Member  States  by  questionnaire  were 
presented  in  summary  form  to  their  representatives  at  the  second  meeting  of  the 
Contact Group established by Directive 2008/51/EC, which was held in Brussels on 
8 March 2010.  

THE MEMBER STATES' RESPONSES TO THE QUESTIONNAIRE, GROUPED INTO THREE 
CATEGORIES  

The first category covers the Member States which do not, or not really, include the 
concept  of  a  replica  in  their  legislation:  Luxembourg,  Greece,  Latvia,  Estonia, 
Denmark,  Cyprus,  Slovenia,  Bulgaria  and  Finland.  These  Member  States  show  the 
following particularities: 

–  they have no large-scale problems of public order caused by the use of replicas; 

–  no distinction is made between the products in terms of their capacity in joules; 

–  this does not prevent them from adopting, in certain circumstances, very specific 
measures  relating  to  public  order  or  administrative  policy,  such  as  a  ban  on 
possessing or exhibiting objects which imitate firearms in public places. 

6.2. 

15  Member  States  are  in  the  second  category:  France,  Romania,  Austria,  Belgium, 
Czech Republic, Spain, Hungary, Ireland, Italy, Malta, Lithuania, Poland, Slovakia, 
Sweden  and  Germany.  This  category  covers  legislation  in  which  the  concept  of 
replicas  (or  reproductions)  of  firearms  may  feature  more  explicitly,  without  there 
necessarily  having  been  reported  any  particular  or  significant  problems.  The 
following can also be noted: 

–  the dividing line between what is classified as a replica and what falls more within 
the  scope  of  legislation  on  real  firearms  (for  example,  as  regards  declaration, 
authorisation and transport formalities) is often a matter of a threshold in joules; 

–  the  7.5  joules  mark  is  often  used  as  a  threshold,  but  legislation  on  firearms  can 

already be applied as of 1 joule, or may be applicable only from 17 joules; 

–  the choice of threshold (1, 7.5, 17J) does not necessarily imply that replicas which 
exceed  this  threshold  are  in  all  points  subject  to  the  same  restrictions  as  real 
firearms; thus, the application of legislation on firearms can simply mean that the 
sale  of  the  replica  is  subject  to  the  declaration  or  authorisation  formalities,  or 
simply that it cannot be sold to minors;  

–  additional  measures  can  be  applied  to  guarantee  that  this  threshold  is  not 
exceeded.  In  the  case  of  Germany,  for  example,  an  additional  control  takes  the 
form  of  a  hallmark5 
(Physikalish-Technische 
from  a  particular  body 
Bundesantalt),  to  be  stamped  during  the  production  stage  into  certain  types  of 
alarm  guns.  The  hallmark  guarantees  that  the  power  of  an  alarm  gun  does  not 
exceed the national limit of 7.5 joules. 

5 

It takes the form of the letters PTB inside a circle. 

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6.3. 

The third group is composed of three Member States (Portugal, the Netherlands, and 
the  United  Kingdom)  whose  legislation  attempts  to  provide  a  stronger  regulatory 
framework  for  the  definition  of  replicas/reproductions/"realistic  imitations".  These 
Member  States  also  express  varying  levels  of  concern  with  regard  to  the 
convertibility of certain replicas and their distribution on the market: 

–  Dutch  legislation  prohibits  the  sale  and  placing  on  the  market  of  certain  replica 
firearms,  irrespective  of  whether  they  can shoot  projectiles,  or  whether  they  can 
be converted  into real firearms; it is not surprising in this context, then, that the 
customs authorities and police worry about their residents purchasing this type of 
product in neighbouring countries; 

–  the  United  Kingdom  and  Portugal  require  specific  colouring  on  certain  replicas: 
realistic imitation firearms for the United Kingdom, and replicas for creative use 
for Portugal (essentially those used for "paintball" or "airsoft"), to try to prevent 
any  confusion  with  real  firearms;  in  this  case,  therefore,  the  criterion  of  being 
dangerous  does  not  relate  to  the  ability  to  shoot  a  projectile  or  to  the  degree  of 
convertibility,  but  to  the  degree  of  imitation  or  realism  in  relation  to  a  real 
weapon;  

–  furthermore,  the  United  Kingdom  expresses  a  particular  concern  relating  to  the 
fact  that  neighbouring  countries  generally  have  less  strict  legislation  on  the 
marketing  of  certain  alarm  guns,  the  illegal  conversion  of  which  is  considered 
possible. As it is illegal to place such alarm guns on the UK market (and therefore 
to import them), controlling this ban involves additional operations on the part of 
the responsible authorities.  

7. 

7.1. 

7.2. 

7.3. 

THE MAIN LESSONS LEARNED FROM THE QUESTIONNAIRE 

The first remark relates to the fact that statistical reality is not always easy to grasp 
by  the  administrative  authorities  themselves,  in  particular  as  regards  the  number  of 
items  in  circulation  or  the  threats  to  the  safety  of  property  and  persons  caused  or 
facilitated by the use of replicas6, and even less so their seriousness.  

Nevertheless, security problems in the majority of the cases reported by the Member 
States seem above all to be correlated to the illicit conversion of alarm guns with a 
view to making them capable of shooting real bullets. Antique arms or reproductions 
of such objects are not identified as threats to the security of property and persons.  

The replies point out that an object which is a realistic imitation of a firearm (fake 
weapon imitating a pistol or revolver) can be intimidating and be used to commit an 
offence. Such usage can of course be even riskier for the offender involved due to the 
possibility of an armed response, in particular by police officers when acting in what 
they consider legitimate defence. 

6 

With  the  exception  of  the  Netherlands  which  has  precise  statistics,  albeit  on  less  precisely  defined 
objects  categorised  as  "look-a-likes",  and  the  United  Kingdom,  which  reports  some  1 500  crimes  and 
offences for the year 2007/2008 committed with "realistic" or less realistic imitations. 

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7.4. 

7.5. 

7.6. 

7.7. 

7.8. 

However, reported cases of the illicit conversion of alarm guns and, more generally, 
the use of replicas with ill intent to intimidate or stage hold-ups must be seen in the 
context of the relatively  high  number  of  alarm guns (or guns which can be used to 
shoot  blanks)  in  the  European  Union.  If  airsofts  are  added  to  these  categories,  an 
estimated 15 to 18 million replicas are owned in Germany, for example.  

It must also be noted that certain replicas (alarm guns in particular) can sometimes be 
used  in  a  context  of  self-defence;  they  can  therefore  discourage  their  owner,  who 
could  have  more  or  less  legitimate  concerns  for  his  or  her  personal  safety,  from 
applying  for  a  licence  to  carry  a  real  weapon  or,  worse,  from  purchasing  a  real 
weapon illegally.  

Many  EU  countries  do  not  manufacture  objects  of  this  type,  report  any  major 
problems or have enlightening statistics on owners of replica firearms.  

A  few  Member  States  report  occasional  concerns  over  cross-border  movements  of 
replica  firearms,  above  all  when  their  legislation  is  already  very  restrictive. 
Furthermore,  certain  alarm  guns  manufactured  outside  the  EU  give  cause  for 
particular  concern,  as  they  are  manufactured  in  a  manner  which  would  make  them 
too easily convertible, i.e. able to shoot real bullets. 

It must also be pointed out that the member countries of the Permanent International 
Commission  for  Portable  Firearms  Testing  (CIP),  which  includes  most  EU 
manufacturers,  already  subject  alarm  guns  to  tests  for  approval,  type  designation, 
conformity of key dimensions, resistance and operational safety. 

8. 

OWNERS OF REPLICAS 

8.1. 

8.2. 

8.3. 

There  is  very  little  overlap  between  owners  of  replicas  and  ordinary  users  of 
firearms, who are mainly hunters, hobby marksmen and other categories of firearm 
owners, as well as firearm manufacturers and retailers of course.  

The second group of replica owners comprises collectors of weapons, irrespective of 
whether or not they are antique, or reproductions of weapons. It should be noted that 
some  of  them  collect  alarm  guns  which  imitate  real  firearms.  This  category  can 
therefore be affected by any national provisions governing replicas. 

Retailers  are  probably  the  socioprofessional  category  which  is  most  concerned  by 
national legislation on the sale of replicas. In some countries, they can be sold only 
by professional gunsmiths or, at least, may not be sold in toy shops. 

9. 

CONCLUSIONS 

9.1. 

It should be borne in mind that nine Member States do not, or not really, include the 
concept of a replica in their legislation and do not have any major problems relating 
to  public  order  caused  by  the  use  of  replicas,  whereas  15  others  do  not  report  any 
particular  or  significant  problems  with  transfers  or  imports  from  other  countries. 
Only  a  few  Member  States  with  more  restrictive  national  legislation  on  replicas 
sometimes express concerns linked to cross-border movements of replica firearms. In 
these  conditions,  there  is  very  little  to  suggest  that  European  harmonisation  of 

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9.2. 

9.3. 

national legislation on replicas would improve the functioning of the internal market 
by removing barriers to the free movement of goods or by eliminating distortions of 
competition. 

Furthermore,  the Member States already have a real degree of  discretion  in issuing 
rules  on  the  placing  on  the  market  and  use  of  replicas7.  These  national  rules 
governing  the  marketing  and  use  of  replicas  must  respect  the  principle  of  the  free 
movement  of  goods  (Articles  34  to  36  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  TFEU)  and  of  course  be  without  prejudice  to  any  specific  police 
cooperation  measures.  Article  34  TFEU  prohibits  national  measures  which  can  or 
could,  directly  or  indirectly,  impede  intra-Community  trade.  In  this  respect, 
regulations  by  one  Member  State  prohibiting  the  importation,  manufacture,  sale  or 
use  of  replica  firearms  could  constitute  a  barrier  to  trade  within  the  meaning  of 
Article 34 TFEU. 

However, it is equally clear that such regulations can, this time in compliance with 
Article 36 TFEU, be justified for reasons of public safety and the protection of the 
health  and  life  of  persons,  albeit  provided  that  the  regulations  in  question  do  not 
undermine the principle of proportionality. In particular, it must not be possible for 
the pursued objective to be achieved by measures less restrictive to intra-Community 
trade.  

9.4.  With  regard  to  replica  firearms,  various  aspects  therefore  need  to  be  taken  into 
consideration when judging the proportionality of the measure: in particular, we must 
examine  whether  bans  are  absolute  or  whether  derogations  exist,  the  limitation  of 
bans on sale to minors, Internet- or simply distance-selling, and the limitation of the 
ban on using or exhibiting replicas in public places. 

9.5. 

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8 

Moreover, the free movement of replica firearms within the EU is also provided for 
by Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 
July  2008  laying  down  procedures  relating  to  the  application  of  certain  national 
technical rules to products lawfully marketed in another Member State and repealing 
Decision  No  3052/95/EC8.  This  Regulation  is  applicable  as  of  13  May  2009.  It 
establishes the rules and procedures to be followed by the competent authorities of a 
Member  State  when  they  make  or  intend  to  make  a  decision  referred  to  in  Article 
2(1)  which  would  impede  the  free  movement  of  a  product  legally  placed  on  the 
market  in  another  Member  State  and  which  falls  within  the  scope  of  Article  34 
TFEU.  

It  must  be  pointed  out  here  that  Directive  91/477/EEC  establishes  the  following  exclusion  in  Article 
2(1):  "This  Directive  is  without  prejudice  to  the  application  of  national  provisions  concerning  the 
carrying of weapons." 
OJ L 218 of 13 August 2008, p. 21. Recital 14 of this Regulation specifies that "Weapons are products 
that  can  constitute  a  serious  risk  to  the  health  and  safety  of  persons  and  to  the  public  security  of  the 
Member  States.  Several  specific  types  of weapons  lawfully  marketed  in one  Member  State  might,  on 
grounds of the protection of the health and safety of persons and the prevention of crime, be subject to 
restrictive  measures  in  another  Member  State.  Such  measures  might  consist  of  specific  controls  or 
authorisations  before  weapons  lawfully  marketed  in  one  Member  State  are  placed  on  the  market  of 
another Member State. Member States should therefore be permitted to prevent weapons being placed 
on their markets until their national procedural requirements are fully met."  

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11 

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9.6. 

9.7. 

9.8. 

9.9. 

Consequently, Articles 34 and 36 TFEU and Regulation (EC) No 764/2008 already 
facilitate the free movement of these products within the EU, while taking account of 
the security concerns of the Member States. In this respect, it should be pointed out 
that Directive 91/477/EEC relates to the establishment and functioning of the internal 
market. 

It  must  also  be  remembered  that,  in  the  absence  of  more  specific  provisions  in  EU 
legislation,  all  products  intended  for  consumers  are  subject  to  the  provisions  of 
Directive  2001/95/EC  on  general  product  safety,  which  in  certain  cases  allows  the 
Member States to withdraw or recall certain dangerous products from the market.  

Furthermore,  the  inclusion  of  all  replicas  in  the  field  of  application  of  Directive 
91/477/EEC  would  automatically  make  them  subject  to  all  the  provisions  of  the 
Directive. However, it should be remembered that, since its amendment by Directive 
2008/51/EC,  the  Directive  already  applies  to  replicas  which  can  be  converted  into 
firearms,  namely  certain  alarm  guns  (or  certain  replicas  intended  simply  to  shoot 
blanks) which, due to their appearance and how they were produced, are so similar to 
a  firearm  that  all  the  requirements  of  the  Directive  (marking,  traceability,  firearms 
register in particular) are easily applicable9. 

Extending the Directive to other types of replica would be much more difficult, since 
this would mean that manufacturers, dealers and owners of these replicas would be 
subject  to  all  the  obligations  of  the  Directive.  However,  at  present,  the  Member 
States can already require authorisation for any possession, acquisition or transfer of 
a replica in accordance with Article 36 TFEU. 

9.10.  Moreover,  and  still  on  the  basis  of  the  above  assumption,  sensitive  issues 
undoubtedly  arise  regarding  in  particular  the  breakdown  of  replicas  included  in  the 
nomenclature set out in Annex I to Directive 91/477/EC, which divides firearms into 
different categories. 

9.11. 

It  is  for  these  reasons  that  replicas,  with  their  various  characteristics  and  purposes, 
should not be included in the field of application of Directive 91/477/EC, especially 
as  those  which  can  be  converted  to  a  firearm  and  therefore  treated  as  one  are  now 
covered by Directive 2008/51/EC. 

9 

Cf. recital  4  of  Directive  2008/51/EC:  "Police  intelligence  evidence  shows  an  increase  in  the  use  of 
converted  weapons  within  the  Community.  It  is  therefore  essential  to  ensure  that  such  convertible 
weapons are brought within the definition of a firearm for the purpose of Directive 91/477/EEC". 

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