Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
Date: 2015-11-18
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: approximation of laws, arms control, arms trade, fight against crime, firearms and munitions, public safety

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   EUROPEAN COMMISSION  Brussels, 18.11.2015  COM(2015) 750 final 2015/0269 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  security  of  citizens  and  businesses  is  a  key  concern  of  this  Commission.  The  use  of 
firearms  by  serious  and organised crime  and  terrorist  organisations can  inflict  huge damage 
upon society as we have witnessed on several occasions in the past year, notably in the attacks 
that took place in Paris and Copenhagen. Most recently, more than 120 people died in a series 
of coordinated terrorist attacks carried out on 13 November 2015 in Paris. 

These  tragic events1 are a clear evidence of the multidimensional threat posed  by organised 
crime, and they have shown why we need to further strengthen our fight against trafficking of 
firearms,  through  a  coordinated  and  coherent  approach.  A  common  European  responsibility 
for combating cross-border crime and terrorism was also underlined in the political guidelines 
of President Juncker. 

The  acquisition,  possession  and  import/export  of  firearms  for  civilian  use  is  subject  to  a 
comprehensive  EU  regulatory  framework  set  out  in  Directive  91/477/EEC  as  amended  by 
Directive 2008/51/EC. 

Citizens  of  the  European  Union  rely  on  the  national  governments  and  EU  institutions  to 
ensure their security. To this effect, it is important to take immediate action strengthening the 
existing rules on the access and trade with firearms. 

• 

Consistency with existing policy provisions in the policy area 

The objective of Firearms Directive 91/477/EEC is to facilitate the functioning of the internal 
market in firearms within the EU, while guaranteeing a high level of safety for EU citizens. 
These rules aim to address potential issues and vulnerabilities which can emerge along the life 
cycle  of  a  firearm  (from  production  to  trade,  ownership  and  possession,  deactivation  and 
destruction).  To  this  effect,  the  Directive  lays  down  the  minimum  requirements  that  MS 
should  impose  as  regards  the  acquisition  and  possession  of  the  different  categories  of 
firearms2 and regulates the conditions for the transfer of firearms across MS, while granting 
more flexible rules for hunting and target shooting3. 

The  amendment  approved  in  2008,  i.e.  Directive  2008/51/EC4  intervened  to  reinforce  the 
security aspects and to align the Directive to the UN Protocol against the Illicit Manufacturing 

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The Paris, Copenhagen and Thalys train terror attacks, underlined the link between organised crime and 
terrorism notably in obtaining firearms 
As one of the central aspect, Annex I of Directive 91/477/EEC establishes 4 categories of firearms, by 
order of level of danger: 

“Category A, consisting of prohibited firearms – military weapons”; 

“Category B including firearms subject to authorisation – used mostly by marksmen and hunters”; 

“Category C covering firearms subject to declaration – essentially firearms used by hunters”; 

“Category D for other firearms – which mainly applies to single-shot long firearms with smooth-bore 
barrels”.  

Granted  that  Member  States  are  in  principle  entitled  to  take  more  stringent  measures  than  those 
provided for by the Directive. 
The amendment followed two subsequent factors: a) The signing on January 16, 2002, by the European 
Commission on behalf of the European Community, of the United Nations Protocol against the Illicit 
Manufacturing  of  and  Trafficking  in  Firearms,  Their  Parts  and  Components  and  Ammunition, 

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of  and  Trafficking  in  Firearms,  their  Parts  and  Components  and  Ammunition,  which 
supplements the United Nations Convention against Organized Crime. 

The  existing  EU  legislative  framework  on  firearms  largely  derives  from  the  UN  Firearms 
Protocol (UNFP) which was negotiated and signed by the Commission in 2002 on behalf of 
the EU. 

The Protocol is an international instrument to which both the EU and its Member States are 
parties. The Commission completed the process of transposition into EU legislation of all its 
provisions, essentially through: 

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 

• 

Directive  2008/51/EC,  which  integrates  the  appropriate  provisions  required  by  the 
Firearms Protocol as regards intra-Community transfers of weapons. 

Regulation 258/2012 (IP/12/225) which addresses trade and transfers with countries 
outside the EU, thereby transposing the provisions of Article 10 of the UNFP. 

Consistency with other Union policies 

This  initiative  is  fully  consistent  with  the  2014-2019  strategic  objectives  of  the  European 
Commission  with  respect  to  the  promotion  of  "An  Area  of  Justice  and  Fundamental  Rights 
Based on Mutual Trust". 

After  the  terrorist  attacks  in  Paris  in  January  2015,  EU  Interior  and/or  Justice  Ministers 
adopted a "Paris declaration" in which they reiterated their countries' commitment to reduce 
the illicit supply of firearms throughout Europe and, accordingly, to increase their cooperation 
in  the  framework  of  the  European  Multidisciplinary  Platform  Against  Criminal  Threats 
(EMPACT), to improve intelligence sharing, and to ensure the full use of Europol, Eurojust 
and Interpol resources5. 

During the informal European Council meeting of 12 February 2015, the Heads of State and 
Government requested that all competent authorities increase the level of cooperation in the 
fight  against  illicit  trafficking  of  firearms,  including  through  the  swift  review  of  relevant 
legislation, and a renewed dialogue with third countries on security issues, particularly in the 
Middle East and North Africa, and with the Western Balkans6. 

At the Justice and Home Affairs Council meeting of 12-13 March 2015, Ministers invited the 
Commission  to  propose ways to  combat the illicit trafficking of  firearms and, together with 
Europol, to enhance information exchange and operational cooperation7. 

In response, the Commission adopted the European Agenda on Security to ensure an effective 
and  coordinated  response  at  European  level  to  emerging  and  increasingly  more  complex 
security threats. While highlighting the challenges posed by illicit trafficking in firearms, the 
European Agenda on Security highlighted the differences between national legislation as an 

supplementing  the  United  Nations  Convention  against  Transnational  Organized  Crime;  b)  results  and 
proposals  for  improvement  (e.g.,  deactivated  weapons,  export  and  import  licenses,  record  keeping, 
marking)  of  the  Commission  report  of  December  2000  on  the  implementation  of  the  Directive 
91/477/EEC following its transposition into national law by all the Members States - COM (2000) 837, 
Report from the Commission to the European Parliament and the Council. The implementation of the 
Council  Directive  91/477/EEC  of  18  June  1991  on  control  of  acquisition  and  possession  of 
weapons.15/12/2000. 
5322/15 Paris Declaration of 11 January 2015 
6112/15 Draft Statement of the Members of the European Council 
7178/15 Press release of the JHA Council  

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obstacle  to effective  controls  and  police  cooperation  across  the  EU8  and  called  in  particular 
for reviewing legislation on firearms with proposals in 2016 as a priority action. It also called 
for  an  urgent  action  on the  deactivation  of  firearms  to  prevent  their  reactivation  and  use  by 
criminals.  The  Declaration  of  the  Home  Affairs  Ministers  Council  of  29  August  2015 
repeated the call for the revision of the Firearms Directive and for a common approach on the 
deactivation of firearms. 

Finally,  on  8  October  2015,  the  Council  adopted  conclusions  on  strengthening  the  use  of 
means  of  fighting  trafficking  of  firearms,  inviting  the  Member  States,  the  European 
Commission, Europol and Interpol to take measures including revising the current legislation, 
and monitoring the threats posed by firearms through coordinated cross-border investigations 
and operations. This also covers the trafficking of firearms online9. 

The European Parliament has also considered the issue of firearms trafficking on a number of 
occasions.  On  11  February  2015,  the  European  Parliament  adopted  a  Resolution  on  anti-
terrorism  measures10  in  which  it  calls  "…on  the  Commission  to  evaluate  as  a  matter  of 
urgency  the  existing  EU  rules  on  the  movement  of  illegal  firearms,  explosive  devices  and 
arms trafficking linked to organised crime." 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  114  the  Treaty  on  the  Functioning  of  the  European  Union  is  the  legal  basis  of  this 
proposal in line with the initial legal basis of the Firearms Directive. 

• 

Subsidiarity (for non-exclusive competence) 

According  to  Article  5  TEU,  all  action  taken  on  the  EU  level  has  to  comply  with  the 
subsidiarity principle that implies that the EU shall only regulate in case that it adds value to 
the actions taken by the single Member States. 

The issues to be addressed, i.e. the threats of serious and organised crime and terrorism and 
the  potential  huge  social  and  economic  costs  of  violent  actions,  are  inherently  characterised 
through their transnational nature, affecting more than one Member State at the same time. In 
this sense, they cannot be dealt with in a fully satisfactory manner by the individual Member 
States. 

This  was  demonstrated  by  recent  terrorist  attacks  in  August  and  November  this  year  which 
were  carried  out  by  transnational  criminal  networks  operating  in  several  Member  States. 
These networks made use of divergent national rules on the possession and trade in firearms 
and exploited the deficiencies in cross-border exchange of information. 

Only an EU-wide system can bring about the co-operation needed between Member States to 
control and track the civil use of firearms taking place within the EU. 

The  security  issues  tackled  by  the  Firearms  Directive  are  of  cross-border  nature. 
Vulnerabilities of a Member State to criminal activity affect the European Union as a whole. 
Differences  in  national  legislation,  classification  of  firearms,  and  administrative  procedures 

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COM(2015) 185 final of 28.4.2015 
12892/15 Council conclusions 
EP reference no: 2015/2530(RSP) of 11 February 2015 

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undermine  the  uniform  application  of  the  Directive.  As  underlined  in  a  recent  evaluation 
study,  effective  action  to  ensure  a  high  level  of  security  and  regulate  the  cross-border 
movement  of  firearms  can  only  be  taken  at  EU  level.  The  Firearms  Directive  establishes  a 
common  regulatory  framework  that  would  not  have  been  achieved  through  national  or 
bilateral action alone. 

• 

Proportionality 

The proposal complies with the proportionality principle for the following reason(s): 

Proportionality is ensured by limiting the content of the proposed changes to those with the 
most important impact on security, according  to the main conclusions of the studies  carried 
out  in  the  preparatory  phase.  On  the  whole,  this  proposal  does  not  go  beyond  what  is 
necessary  to  achieve  the  objective  of  ensuring  the  security  of  EU  citizens  without 
unnecessarily restricting the internal market. 

Besides standard provisions of a commercial policy nature, in order to take into account the 
concerns and  comments  of  private  stakeholders the  proposal  is  aimed  at  improving  security 
standards  and  reducing  inconsistencies  with  the  UN  Firearms  Protocol,  in  particular  those 
related to the definitions. 

• 

Choice of the instrument 

The  Commission  proposes  a  new  directive  amending  the existing  Firearms  Directive.  Other 
means would not be adequate to amend the existing Directive. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
As announced in its 2013 Communication11, prior to considering the relevance of revising the 
current legal framework, the Commission launched a series of research studies covering: 

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the relevance (or not) of an EU legislative proposal approximating criminal sanctions 
against the illicit trafficking of firearms12; 

the relevance (or not) of an EU legislative proposal improving rules on deactivation, 
destruction  and  marking  procedures  of  firearms  in  the  EU,  as  well  as  on  alarm 
weapons and replicas13; 

the implementation of the Firearms Directive in all Member States. 

The  first  study  concluded  that  EU-wide  minimum  rules  on  illicit  firearms  trafficking  would 
reduce legal uncertainty, facilitate prosecutions and ensure that criminals are unable to exploit 
loopholes.  However,  the  evidence  also  suggested  that  practical  issues  such  as  lack  of 
resources, conflicting policy priorities and lack of enforcement of existing laws were equally 
significant  impediments  to  cross-border  efforts  to  combat  illicit  firearms  trafficking,  as  the 
differences between national legislation in this area. The study concluded in favour of a policy 

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See footnote 1. 
http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/organized-crime-and-human-
trafficking/general/docs/dg_home_-_illicit_fireams_trafficking_final_en.pdf 
http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/organized-crime-and-human-
trafficking/general/docs/dg_home_ia_firearms_deactivation_final_en.pdf 

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mix  (non-legislative  and  legislative  measures)  without  favouring  either  a  minimum  or  a 
maximum legislative intervention. 

The second study proposed a revision of the Firearms Directive, with the aim of: 

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Harmonizing  the  rules  for  the  marking  of  firearms  and  establishing  the  mutual 
recognition of marks among Member States; 

Enforcing  common  standards  and  procedures  and 
requirements for deactivated firearms; 

introducing 

registration 

Establishing  common  technical  guidelines  on  the  convertibility  of  alarm/signal 
weapons  and  replicas,  by  detailing  the  criteria  which  qualify  alarm  weapons  and 
replicas  as  convertible  and,  thus,  bringing  them  within  the  scope  of  the  Firearms 
Directive; 

Promoting  knowledge  sharing  among  Member  States  (with  particular  focus  on  the 
threats  and  opportunities  offered  by  technological  developments),  and  improving 
data collection regarding production and ownership of, and criminal activities related 
to firearms and deactivated firearms, alarms weapons and replicas. 

Finally, the study assessing the implementation of the Firearms Directive recommended, inter 
alia: 

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Defining common criteria on the convertibility of alarm weapons; 

Harmonising the rules on marking and standards for deactivation; 

Strengthening the data collection system and examining the interoperability between 
information systems created at national level; and finally 

Defining an agreed approach to the classification of hunting and sporting firearms. 

Together with this proposal, the Commission is publishing the report on the implementation 
of the Firearms Directive in accordance with Article 17 of the Directive. 

• 

Stakeholder consultations 

Consultation methods, main sectors targeted and general profile of respondents 

The  stakeholders  were  consulted  by  means  of  questionnaires  and  invitations  to  meetings 
addressed  to  Member  States  and  interested  private  parties  (representatives  of  European 
associations of manufacturers of firearms and ammunition for civilian use, those engaged in 
civil  commerce  of  weapons,  hunters,  collectors,  NGOs,  research  institutions,  etc.),  the 
opening  of  a  specific  e-mail  account  (JLS-FIREARMS@ec.europa.eu)  for  permanent 
consultation  and  an  external  study  to  support  the  preparation  of  the  Impact  Assessment. 
Moreover, an "Inter-Service group" was established within the Commission. 

Summary of responses and how they have been taken into account 

Member States and NGOs agreed that implementing the Directive 477/91 would be useful for 
preventing  diversion  of  firearms  from  the  legal  market  to  the  illegal  market.  The  private 
parties argued that Member States already had strict regulations covering this aspect and were 
concerned  about  possible  negative  consequences  for  small  and  medium-sized  enterprises. 
Many  private  stakeholders  were  particularly  concerned  by  amendments  to  categories  that 
could jeopardize hunting and sports shooters activities. 

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According to the stakeholders' opinion, the reactivation of deactivated firearms is a relevant 
source of weapons for criminal use, and loopholes arising from the differences of the national 
deactivation standards can be used by criminals14. Some consider the Firearms Directive to be 
rigorous on deactivation, and believe that all that is needed is a control on the implementation 
by MS and the requested technical guidelines15. However, closer harmonization is generally 
considered a priority. 

All  the  stakeholders  (from  Member  States  authorities,  to  experts  and  representatives  of 
producers) consider that there is a real need to exchange information on firearms across the 
Member States, and that it is an important issue. Moreover, cooperation should not be limited 
to  the  exchange  among  Member  States,  whereas  public  and  private  stakeholders  should  be 
brought  together16.  Increased  communication  is  considered  essential  for  intelligence,  joint 
operations  and  management.  However,  focusing  on  ways  of  sharing  information  via  e-
channels, rather than organising meetings, would be a good practice. Moreover, it should be 
considered  that  platforms  where  such  discussions  can  take  place  already  exist,  both  at 
operational level and at regulatory level. 

Common  recommendations  on  rules  are  considered  important  as  some  countries  have 
different  understanding  of  some  issues  (for  example,  the  definition  of  replicas).  To  avoid 
criminals  being  able  to  use  the  different  rules  between  Member  States  to  their  advantage, 
there is a need for a harmonised approach across Europe. 

In order to be effective, definitions should include more specific references to alarm weapons 
and other types of arms not yet well defined in the EU regulatory framework. 

The general consensus was that common minimum standards for the deactivation guidelines 
would  help  bring  the  Member  States  to  the  same  level  across  the  EU  through  harmonizing 
various  procedures  and  thus  improving  communication  and  facilitating  law  enforcement. 
Crime would be reduced, as the application of common minimum standards would help tackle 
illegal  trade  of  spare  parts  and  prevent  the  use  of  illegally  reassembled  and  converted 
firearms. 

The  Commission  has  considered  the  opinions  expressed  by  public  and  private  stakeholders. 
This proposal is designed to ensure a higher degree of security/effectiveness and efficiency. 

• 

Impact assessment 

Due  to  the  urgency  of  the  proposal  in  the  light  of  recent  events,  it  is  submitted  without  an 
impact  assessment.  The  proposal  can  however  rely  on  a  REFIT  evaluation  of  the  Firearms 
Directive.  This  evaluation  has  shown  remaining  shortcomings  in  areas  such  as  the 
convertibility  of  blank  firing  weapons,  marking  requirements,  deactivation,  definitions, 
internet-selling  arrangements,  as  well  as  data  collection  and  exchange  systems.  Additional 
requirements have been identified in the light of the experience of recent events. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implication for the Union budget. 

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Transcrime, Lithuanian MS authority 
The European Association of the Civil Commerce of Weapons. 
Transcrime. 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

After two years of its entry into force, the Commission will submit a report to the European 
Parliament  and  the  Council  on  the situation resulting  from  the  application  of  this  Directive, 
accompanied,  if  appropriate,  by  proposals.  Subsequent  reports  will  be  submitted  every  five 
years to the European Parliament and the Council. 

• 

Explanatory documents (for directives) 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  law,  regulations  and 
administrative provisions necessary to comply with this Directive. 

• 

Detailed explanation of the specific provisions of the proposal 

In Article 1 the proposal clarifies definitions of brokers and dealers and ensures consistency 
with the definition of essential components and parts of firearms as defined by UN Firearms 
Protocol.  Commission  studies  indicate  lack  of  clarity  for  the  definition  of  "broker"  and 
highlight  the  fact  that  they  should  also  be  included  in  the  Directive.  Silencers  are  also 
included within the scope of the Directive. 

In  Article  2  the  proposal  newly  includes  collectors  within  the  scope  of  the  directive. 
Collectors  have  been  identified  as  a  possible  source  of  traffic  of  firearms  by  the  evaluation 
carried out. Therefore, collectors will have the possibility to acquire firearms but only subject 
to authorisation/declaration. 

Deactivated firearms should be covered by the directive as regards identification of the owner 
and  registers.  Evidence  gathered  by  the  Commission  studies  showed  this  is  a  serious 
weakness in the EU legislation in terms of security. Recent attacks have been conducted with 
badly deactivated firearms (or firearms assembled with badly deactivated components). 

The  proposal  to  introduce  shortly,  through  an  implementing  regulation,  stringent  minimum 
common guidelines regarding the deactivation of firearms will render reactivation much more 
difficult.  It  cannot  be  excluded  that  deactivated  arms  will  be  reactivated  despite  stringent 
rules.  Consequently,  for  the  most  dangerous  firearms  (category  A)  stricter  rules  have  been 
introduced – even if they are deactivated. This means that deactivated firearms from Category 
A will not be allowed to be owned nor traded (except for museums). 

A  new  provision  establishes  the  requirement  for  record  keeping  of  deactivated  firearms  in 
national  registries.  Any  transfer  (ie  change  of  owner)  of  deactivated  firearms  should  be 
registered. 

Semi-automatic  weapons  represent  a  high  share  of  today's  hunting  and  sport-shooting 
weapons.  However,  the  evaluation  study  concludes  that  some  semi-automatic  arms  can  be 
easily converted to automatic arms, and the existing Directive does not provide any technical 
criteria to prevent such conversion. However, even in the absence of conversion to category 
"A", certain semi-automatic firearms can be very dangerous when their capacity regarding the 
number of rounds is high. The proposal bans the semi-automatic weapons which are included 
in the current category "B7". 

The  proposal  introduces  EU  common  rules  on  marking  to  avoid  that  markings  are  easily 
erased.  It  especially  clarifies  on  which  components  the  marking  should  be  affixed  (ensure 
coherence  with  UNFP  marking  requirements).  It  should  also  apply  to  imported  firearms.  A 

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computerised data-filling system is extended to more than 20 years. Data should be kept until 
destruction of the firearm, but no retroactive application is foreseen. 

The  evaluation  of  the  Firearms  Directive  and  other  preparatory  study  demonstrated  the 
increasing use of internet as a sales channel for firearms and the difficulties to control it for 
the  future.  Considerations  about  a  serious  risk  of  fraud  in  case  of  acquisition  by  means  of 
distance  communication  may  increase  with  a  wider  use  of  such  sales  method  in  the  future. 
Given the recent terrorist attacks where in some cases firearms were illegally assembled with 
components legally bought via Internet, it would be an important risk not to regulate this sales 
channel. Moreover, it will be more difficult to verify on line the legality of authorisations for 
arms possession. The risk is still higher in case of acquisition from third countries. 

Existing  Directive  specifies  that  "Member  States  shall  ensure  that,  except  with  respect  to 
dealers,  the  acquisition  of  firearms  and  their  parts  and  munition  by  means  of  distance 
communication …shall, where authorised, be strictly controlled". 

The proposal considers a stricter approach: not accepting selling of arms and components by 
means of distance communication (notably internet), except for dealers and brokers. 

Existing Directive does not include alarm, signalling, live-saving weapons etc. It is proposed 
to define common criteria concerning "alarm weapons" in order to prevent their convertibility 
to  real  firearms.  This  should,  of  course,  cover both  alarm  weapons  manufactured in  the  EU 
and imported weapons. 

The risk of convertibility of alarm  weapons and other  types of blank firing weapons to  real 
firearms  is  high  and  constitutes  a  key  recommendation  resulting  from  the  Directive's 
evaluation and other study. According to stakeholder information, convertible alarm weapons 
imported  from  third  countries  can  enter  the  EU  territory  unhindered  due  to  lack  of 
coherent/common  rules.  The 
through  an 
implementing act. 

technical  specifications  will  be  adopted 

There  is  no  system  to  inform  other  Member  States  when  an  authorisation  is  refused  (in 
particular  for  Category  B  firearms).  The  proposal  introduces  a  system  of  exchange  of 
information among Member States and requires dealers and brokers to be connected to central 
firearm registers. In this context, the Commission will explore the use of existing information 
exchange instruments. 

The proposal also introduces a five year time limit for the duration of a licence. 

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2015/0269 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

17 

Council Directive 91/477/EEC17 established an accompanying measure for the internal 
market.  It  created  a  balance  between  on  the  one  hand  the  undertaking  to  ensure  a 
certain freedom of movement for some firearms within the Union, and on the other the 
need to control this freedom using security guarantees suited to this type of product. 

As a response to recent terrorist acts which demonstrated gaps in the implementation 
of  Directive  91/477/EEC  especially  with  regard  to  deactivation  of  weapons, 
convertibility and marking rules, the "European Agenda on Security" adopted in April 
2015 and the Declaration of the Home  Affairs Ministers Council of 29 August 2015 
called  for  the  revision  of  that  Directive  and  for  a  common  approach  on  the 
deactivation of firearms to prevent reactivation and use by criminals. 

Certain issues in Directive 91/477/EEC need further improvement. 

Bodies concerned with the cultural and historical aspects of weapons and recognised 
as  such  by  the  Member  State  in  whose  territory  they  are  established  and  holding  in 
their possession firearms classified in category A acquired before the date of entry into 
force of this Directive should be able to keep those firearms in their possession subject 
to authorisation by the Member State concerned and provided that those firearms have 
been deactivated. 

Since collectors  have  been identified as  a possible  source of traffic of  firearms, they 
should be covered by this Directive. 

Since brokers provide services similar to those of dealers, they should also be covered 
by this Directive. 

Taking into consideration the high risk of reactivating badly deactivated weapons and 
in order to enhance security across the Union, deactivated firearms should be covered 

Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons 
(OJ L 256, 13.9.1991, p. 51). 

EN 

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by this Directive. Additionally, for the most dangerous firearms stricter rules should be 
introduced  in  order  to  ensure  that  those  firearms  are  not  allowed  to  be  owned  or 
traded. Those rules should also apply to firearms of that category even after they have 
been  deactivated.  Where  those  rules  are  not  respected,  Member  States  should  take 
appropriate measures including the destruction of those firearms. 

(8) 

(9) 

In order to ensure the traceability of deactivated firearms, they should be registered in 
national registries. 

Some  semi-automatic  firearms  can  be  easily  converted  to  automatic  firearms,  thus 
posing a threat to security. Even in the absence of conversion to category "A", certain 
semi-automatic  firearms  may  be  very  dangerous  when  their  capacity  regarding  the 
number of rounds is high. Such semi-automatic weapons should therefore be banned 
for civilian use. 

(10)  To  avoid  that  markings  are  easily  erased  and  to  clarify  on  which  components  the 

marking should be affixed, common Union rules on marking should be introduced. 

(11)  Firearms may be used for far more than 20 years. In order to ensure their traceability, 
records of them should be kept for an indeterminate period of time until destruction is 
certified. 

(12)  Selling  arrangements  of  firearms  and  their  components  by  means  of  distance 
communication  may  pose  a  serious  threat  to  security  as  they  are  more  difficult  to 
control  than  the  conventional  selling  methods,  especially  as  regards  the  on  line 
verification  of  the  legality  of  authorisations.  It  is  therefore  appropriate  to  limit  the 
selling  of  arms  and  components  by  means  of  distance  communication,  notably 
internet, to dealers and brokers. 

(13)  Furthermore, the risk of alarm weapons and other types of blank firing weapons being 
converted  to  real  firearms  is  high,  and  in  some  of  the  terrorist  acts  converted  arms 
were used. It is therefore essential to address the problem of converted firearms being 
used  in  criminal  offences,  notably  by  including  them  in  the  scope  of  the  Directive. 
Technical  specifications  for  alarm  and  signal  weapons  as  well  as  for  salute  and 
acoustic weapons should be adopted in order to ensure that they cannot be converted 
into firearms. 

(14) 

(15) 

In  order  to  improve  the  functioning  of  the  information  exchange  between  Member 
States,  the  Commission  should  assess  the  necessary  elements  of  a  system  to  support 
such  exchange  of  information  contained  in  the  computerised  data-filing  systems  in 
place  in  Member  States.  The  Commission's  assessment  may  be  accompanied,  if 
appropriate,  by  a  legislative  proposal  taking  into  account  existing  instruments 
regarding exchange of information. 

In order to ensure appropriate exchange of information between the Member States on 
authorisations  granted  and  on  refusals,  the  power  to  adopt  acts  in  accordance  with 
Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be 
delegated to the Commission in respect of adopting an act to enable the Member States 
to create such a system of exchange of information on authorisations granted and on 
refusals.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations during its preparatory work, including at expert level. The Commission, 
when preparing and drawing up delegated acts, should ensure a simultaneous, timely 
and appropriate transmission of relevant documents to the European Parliament and to 
the Council. 

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(16) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council 18. 

(17)  This Directive respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union. 

(18)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States,  but  can  rather,  by  reason  of  the  scale  and  effects  of  the  action,  be  better 
achieved  at  Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the 
principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives. 

(19)  Directive 91/477/EEC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 91/477/EEC is amended as follows: 

(1) 

(a) 

Article 1 is amended as follows: 

Paragraph 1b is replaced by the following: 

"1b.  For the purposes of this Directive, "essential component" shall mean the barrel, 
frame, receiver, slide or cylinder, bolt or breach block and any device designed 
or  adapted  to  diminish  the  sound  caused  by  firing  a  firearm  which,  being 
separate objects, are included in the category of the firearms on which they are 
or are intended to be mounted." 

(b) 

Paragraph 1e is replaced by the following: 

"1e.  For  the  purposes  of  this  Directive,  "broker"  shall  mean  any  natural  or  legal 
person, other than a dealer whose trade or business consists wholly or partly in 
buying,  selling  or  arranging  the  transfer  within  a  Member  State,  from  one 
Member  State  to  another  Member  State  or  exporting  to  a  third  country  fully 
assembled firearms, their parts and ammunition." 

(c) 

In paragraph 1, the following paragraphs are added: 

"1f.  For  the  purposes  of  this  Directive,  "alarm  and  signal  weapons"  shall  mean 
portable devices with a cartridge holder having a gas exit to the front, aside or 
on the top, which are specifically designed and constructed for the purpose of 
raising  alarm  or  sending  a  signal  and  which  are  only  designed  to  fire  blanks, 
irritants, other active substances or pyrotechnic ammunition. 

1g.  For  the  purposes  of  this  Directive,  "salute  and  acoustic  weapons"  shall  mean 
firearms  specifically  converted  for  the  sole  use  of  firing  blanks,  for  use  in 
theatre performances, photographic sessions, movies and television recordings. 

18 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

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1h.  For  the  purposes  of  this  Directive,  "replica  firearms"  shall  mean  objects  that 
have the physical appearance of a firearm, but are manufactured in such a way 
that they cannot be converted to firing a shot or expelling a bullet or projectile 
by the action of a combustible propellant. 

1i.  For the purposes of this Directive, "deactivated firearms" shall mean firearms 
that have been modified with the purpose of rendering them permanently unfit 
for  use  by  deactivation,  ensuring  that  all  essential  parts  of  the  firearm  have 
been rendered permanently inoperable and incapable of removal, replacement 
or a modification that would permit the firearm to be reactivated in any way." 

(d) 

Paragraph 2 is 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  any  of  the 
following: 

(i) 

the  manufacture,  trade,  exchange,  hiring  out,  repair  or  conversion  of 
firearms; 

(ii) the manufacture, trade, exchange, hiring out, repair or conversion of parts 

of firearms; 

(iii) 

the manufacture, trade, exchange or conversion of ammunition." 

(2) 

In Article 2, paragraph 2 is replaced by the following: 

"2.  This Directive shall not apply to the acquisition or possession of weapons and 
ammunition, in accordance with national law, by the armed forces, the police, 
the  public  authorities.  Nor  shall  it  apply  to  commercial  transfers  of  weapons 
and ammunition of war." 

(3) 

In Article 4, paragraphs 1, 2 and 3 are replaced by the following: 

"1.  Member States shall ensure that any firearm or part placed on the market has 

been marked and registered in compliance with this Directive. 

2. 

For  the  purposes  of  identifying  and  tracing  each  assembled  firearm,  Member 
States shall, at the time of manufacture of each firearm or at the time of import 
to the Union, 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  already  part  of  the  serial  number.  This  shall  be  without 
prejudice to the affixing of the manufacturer's trademark. 

The marking shall be affixed to the receiver of the firearm. 

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. 

Furthermore,  Member  States  shall  ensure,  at  the  time  of  transfer  of  a  firearm 
from  government  stocks  to  permanent  civilian  use,  the  unique  marking 
permitting identification of the transferring government. 

3.  Member States shall make the pursuit of the activity of dealer or broker within 
their territory conditional upon authorisation on the basis of at least a check of 
the private and professional integrity and of the abilities of the dealer or broker. 

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In the case of a legal person, the check shall be on the legal person and on the 
person who directs the undertaking." 

(4) 

(a) 

In Article 4, paragraph 4 is amended as follows: 

in the first subparagraph, the second sentence is replaced by the following: 

"This filing system shall record 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.  The  record  of  firearms,  including  deactivated  firearms, 
shall  be  maintained  until  destruction  of  the  firearm  has  been  certified  by  the 
competent authorites." 

(b) 

the second subparagraph is replaced by the following: 

"Throughout  their  period  of  activity,  dealers  and  brokers  shall  be  required  to 
maintain  a  register  in  which  all  firearms  subject  to  this  Directive  and  which  are 
received or 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 or broker shall deliver the register to 
the  national  authority  responsible  for  the  filing  system  provided  for  in  the  first 
subparagraph. 

Each  Member  State  shall  ensure  that  the  registries  of  the  dealers  and  brokers 
established in their territory are connected to the computerised data-filing system of 
firearms." 

(5) 

Article 4b is replaced by the following: 

"Article 4b 

1.  Member  States  shall  establish  a  system  for  the  regulation  of  the  activities  of 
brokers and dealers. Such a system may include one or more of the following 
measures: 

(a) 

(b) 

registration of brokers and dealers operating within their territory; 

licensing or authorisation of the activities of brokers and dealers. 

2. 

The  system  referred  to  in  paragraph  1  shall  include  at  least  a  check  of  the 
private and professional integrity and of the abilities of the dealer or broker. In 
the  case  of  a  legal  person,  the  check  shall  be  on  the  legal  person  and  on  the 
person who directs the undertaking." 

(6) 

Articles 5 and 6 are replaced by the following: 

"Article 5 

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

(a) 

are  at  least  18  years  of  age,  except  in  relation  to  the  possession  of 
firearms  for  hunting  and  target  shooting,  provided  that  in  that  case 
persons  of  less  than  18  years  of  age  have  parental  permission,  or  are 

EN 

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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; 

(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 indicative of such danger. 

2.  Member States shall provide for standard medical tests for issuing or renewing 
authorisations as referred to in paragraph 1 and shall withdraw authorisations if 
any of the conditions on the basis of which it was granted is no longer met. 

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. 

Article 6 

Member  States  shall  take  all  appropriate  steps  to  prohibit  the  acquisition  and  the 
possession  of  the  firearms  and  ammunition  classified  in  category  A  and  to  destroy 
those firearms and ammunition held in violation of this provison and seized. 

Member  States  may  authorise  bodies  concerned  with  the  cultural  and  historical 
aspects of weapons and recognised as such by the Member State in whose territory 
they  are  established  to  keep  in  their  possession  firearms  classified  in  category  A 
acquired  before  [the  date  of  entry  into  force  of  this  Directive]  provided  they  have 
been deactivated in accordance with the provisions that implement Article 10(b). 

The acquisition of firearms and their parts and ammunition concerning categories A, 
B and C by  means of distance  communication, as  defined in Article 2 of Directive 
97/7/EC of the European Parliament and of the Council(*), shall be authorised only 
with  respect  to  dealers  and  brokers  and  shall  be  subject  to  the  strict  control  of  the 
Member States. 

____________________________________________________________________ 

(*)  Directive  97/7/EC  of  the  European  Parliament  and  of  the  Council  of  20  May 
1997  on  the  protection  of  consumers  in  respect  of  distance  contracts  (OJ  L  144, 
4.6.1997, p.19)." 

(7) 

In Article 7, the following subparagraph is added to paragraph 4: 

"The maximum limits shall not exceed five years. The authorisation may be renewed 
if the conditions on the basis of which it was granted are still fulfilled." 

(8) 

The following Articles 10a and 10b are inserted: 

"Article 10a 

Member States shall take measures to ensure that alarm and signal weapons as well 
as salute and acoustic weapons cannot be converted into firearms. 

The Commission shall adopt technical specifications for alarm and signal weapons as 
well  as  for  salute  and  acoustic  weapons  to  ensure  they  cannot  be  converted  into 
firearms. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 13b(2). 

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Article 10b 

Member  States  shall  make  arrangements  for  the  deactivation  of  firearms  to  be 
verified by a competent authority in order to ensure that the modifications made to a 
firearm render it irreversibly inoperable. Member States shall, in the context of this 
verification,  provide  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  adopt  deactivation  standards  and  techniques  to  ensure  that 
deactivated  firearms  are  rendered  irreversibly  inoperable.  Those  implementing  acts 
shall be adopted in accordance with the examination procedure referred to in Article 
13b(2)." 

(9) 

In Article 13, the following paragraphs 4 and 5 are added: 

"4.  The competent authorities of the Member States shall exchange information on 
the authorisations granted for the transfers of firearms to another Member State 
as well as information with regard to refusals to grant authorisations as defined 
in Article 7. 

5. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  13a  concerning  the  modalities  of  exchange  of  information  on 
authorisations granted and on refusals." 

(10) 

Article 13a is replaced by the following: 

"Article 13a 

1. 

2. 

3. 

The power to adopt delegated acts is conferred on the Commission subject to 
the conditions laid down in this Article. 

The  delegation  of  power  referred  to  in  Article  13  shall  be  conferred  on  the 
Commission  for  an  indeterminate  period  of  time  from  the  date  of  entry  into 
force of this Directive. 

The delegation of power referred to in Article 13 may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall 
put an end to the delegation of the power specified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union or at a later date specified therein. It shall not affect the 
validity of any delegated acts already in force. 

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council. 

5.  A delegated act adopted pursuant to Article 13 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  2  months  of  notification  of  that  act  to  the  European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council." 

(11) 

Article 13b is inserted: 

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"Article 13b 

1. 

The Commission shall be assisted by a committee. That committee shall be a 
committee  within  the  meaning  of  Regulation  (EU)  No  182/2011  of  the 
European Parliament and of the Council(*). 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 

182/2011 shall apply. 

____________________________________________________________________ 

(*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 
16  February  2011  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission's  exercise  of 
implementing powers (OJ L 55, 28.2.2011, p. 13)." 

(12) 

Article 17 is replaced by the following: 

"Article 17 

The Commission shall submit every five years a report to the European Parliament 
and the Council on the application of this Directive, accompanied, if appropriate, by 
proposals in particular as regards the categories of firearms of Annex I and the issues 
related to new technologies such as 3D printing. The first report shall be submitted 
two years after the entry into force of this Directive." 

The Commission shall, by [date], assess the necessary elements of a system for the 
exchange of information contained in the computerised  data-filing systems referred 
to in Article 4(4) between the Member States. The Commission's assessment shall be 
accompanied,  if  appropriate,  by  a  legislative  proposal  taking  into  account  existing 
instruments regarding exchange of information." 

(13) 

in Annex I to Directive 91/477/EC part II is amended as follows: 

(a)  point A is amended as follows: 

(i) 

in Category A, the following points are added: 

"6.  Automatic  firearms  which  have  been  converted 

into  semi-

automatic firearms; 

7. 

Semi-automatic firearms  for civilian use  which resemble weapons 
with automatic mechanisms; 

8. 

Firearms under points 1 to 7 after having been deactivated." 

(ii) 

in category B, point 7 is deleted. 

(iii)  In Category C, the following points are added: 

"5.  Alarm and signal weapons, salute and acoustic weapons as well as 

replicas; 

6. 

Firearms  under  category  B  and  points  1  to  5  of  category  C,  after 
having been deactivated." 

(b) 

in point B, the following text is deleted. 

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"The  breach-closing  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." 

(14) 

in Annex I to Directive 91/477/EC part III is amended as follows: 

(a)  point (a) is deleted; 

(b)  point (b) is replaced by the following: 

"are  designed  for  life-saving,  animal  slaughter  or  harpoon  fishing  or  for 
industrial  or  technical  purposes  provided  that  they  can  be  used  for  the  stated 
purpose only;" 

(c) 

the second subparagraph is deleted. 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive [3 months after publication to the 
OJ].  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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. 

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

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the European Parliament 
The President 

For the Council 
The President 

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