Commission Implementing Directive (EU) 2024/325 of 19 January 2024 amending Implementing Directive (EU) 2019/68 as regards the minimum depth of markings on firearms and essential components
Date: 2024-01-19
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: arms trade, consumer information, firearms and munitions, free movement of goods, labelling, technical specification, traceability




L_202400325EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/325


22.1.2024







            COMMISSION IMPLEMENTING DIRECTIVE (EU) 2024/325
of 19 January 2024
         
amending Implementing Directive (EU) 2019/68 as regards the minimum depth of markings on firearms and essential components
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (1), and in particular Article 4(3) thereof,

Whereas:







(1)


Commission Implementing Directive (EU) 2019/68 (2) sets out the minimum technical specifications for the marking of firearms and their essential components in order to increase the traceability of firearms and their essential components and to facilitate their free movement.












(2)


As the title of Implementing Directive (EU) 2019/68 contains a reference to Council Directive 91/477/EEC (3), which has been repealed, it is necessary to replace that reference.












(3)


The technical specifications of Implementing Directive (EU) 2019/68 did not contain a requirement on the minimum depth of markings. It is necessary to include a minimum depth at EU level to ensure a level playing field for economic operators and firearms users and facilitate the trade in the internal market of the EU. Moreover, in order to align with the standards of the most important markets for the export of civilian firearms (USA and Canada), it is necessary to adopt a technical specification entailing a minimum depth of 0,0762 millimetre for the marking.












(4)


A depth of 0,0762 millimetre is technically feasible and does not compromise the durability of firearms and the essential components.












(5)


Implementing Directive (EU) 2019/68 should therefore be amended accordingly.












(6)


In line with Article 4(1) of Directive (EU) 2021/555, the measures provided for in Article 1, point 2, shall apply to firearms and their essential components only when they are placed on the market for the first time after the eighteenth month following the publication of this act to the Official Journal, as provided in Article 2(1). The measures shall apply to the components whether part of a firearm or placed separately on the market.












(7)


In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (4), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.












(8)


The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 20 of Directive (EU) 2021/555,





HAS ADOPTED THIS DIRECTIVE:



Article 1
Implementing Directive (EU) 2019/68 is amended as follows:






(1)


in the title of Implementing Directive (EU) 2019/68 the reference to ‘Council Directive 91/477/EEC on control of the acquisition and possession of weapons’ is replaced by a reference to ‘Directive (EU) 2021/555 of the European Parliament and of the Council on control of the acquisition and possession of weapons’;










(2)


in the Annex the following point 1a is inserted:






‘1a.


The minimum depth of the marking laid down by each Member State shall be at least 0,0762 millimetre.’










Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 22 July 2025 at the latest. 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.



Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.


Article 4
This Directive is addressed to the Member States.




Done at Brussels, 19 January 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 115, 6.4.2021, p. 1.

(2)  Commission Implementing Directive (EU) 2019/68 of 16 January 2019 establishing technical specifications for the marking of firearms and their essential components under Council Directive 91/477/EEC on control of the acquisition and possession of weapons (OJ L 15, 17.1.2019, p. 18).

(3)  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).

(4)  
            OJ C 369, 17.12.2011, p. 14.


ELI: http://data.europa.eu/eli/dir_impl/2024/325/oj
ISSN 1977-0677 (electronic edition)