CELEX: 51989PC0446
Language: en
Date: 1989-11-08
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON CONTROL OF THE ACQUISITION AND POSSESSION OF WEAPONS

No C 299/6                            Official Journal of the European Communities                                   28. 11. 89
                                                              II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Amended proposal for a Council Directive on control of the acquisition and possession of
                                                         weapons (')
                                                COM(89) 446 final — SYN 98
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 13 November
                                                             1989)
                                                        (89/C 299/04)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           adoption of rules enabling controls to be carried out
                                                                   within Member States on the acquisition and possession
                                                                    of firearms, and on their transfer into another Member
 Having regard to the Treaty establishing the European              State;
 Economic Community, and in particular Article 100 a
 thereof,                                                           Whereas the mutual confidence in the field of the protection
                                                                    of the safety of persons which these rules will generate
                                                                    between Member States will be the greater if they are
 Having regard to the proposal from the Commission ('),             underpinned by partially harmonized legislation; whereas it
                                                                    would therefore be useful to determine categories of firearms
                                                                    whose acquisition and possession by private persons are to
 In cooperation with the European Parliament,                       be prohibited, or subject to authorization, or subject to
                                                                    declaration;
 Having regard to the opinion of the Economic and                  Whereas passing from one Member State to another
 Social Committee (2),                                             while in possession of a weapon should, in principle, be
                                                                   prohibited; whereas a derogation therefrom is acceptable
                                                                   only if a procedure is adopted that enables Member
  Whereas Article 8 a of the Treaty provides that the              States to be notified that a firearm is to be brought into
 Community is to adopt measures with the aim of                    their territory;
progressively establishing the internal market, which is to
 comprise an area without internal frontiers in which the
free movement of goods and persons is ensured;                     Whereas, however, more flexible rules should be adopted
                                                                   in respect of game-shooting and target shooting in order
                                                                   to avoid impeding the free movement of persons more
                                                                   than is necessary;
Whereas, at its meeting in Fontainebleau on 25 and 26
June 1984, the European Council expressly approved the
objective of abolishing all police and customs formalities         Whereas the Directive is intended only to abolish all
 at internal Community frontiers;                                  controls on the possession of weapons when passing
                                                                   from one Member State to another, and does not affect
                                                                   the right of Member States to take measures to prevent
Whereas the total abolition of controls and formalities at         illegal trade in weapons,
internal Community frontiers entails the fulfilment of
certain fundamental conditions; whereas in its White               HAS ADOPTED THIS DIRECTIVE:
Paper 'Completing the internal market' the Commission
stated that the abolition of controls on the safety of
objects transported and on persons entails, among other                                    CHAPTER 1
things, the approximation of weapons legislation;                                              Scope
Whereas abolition of controls on the possession of                                           Article 1
weapons at internal Community frontiers necessitates the           1.     For the purposes of this Directive 'weapons' and
                                                                   'firearms' shall have the meanings ascribed to them in
0) OJ No C 235, 1. 9. 1987, p. 8.                                  Annex I. Firearms shall be classified in the four categories
(2) OJ No C 35, 8. 2. 1988, p. 5.                                  defined in section 2 of Annex I.
 ---pagebreak---  28. 11. 89                               Official Journal of the European Communities                               No C 299/7
 2.     For the purposes of this Directive 'dealer' shall           weapon to be identified, in particular the type, make,
 mean any natural or legal person whose trade or business            model, calibre and serial number thereof and the names
 consists wholly or partly in the manufacture, sale,                 and addresses of the supplier and the person acquiring
 purchase, exchange, hiring out, repair or conversion of             the weapon. The Member States shall regularly check
firearms.                                                            dealers' compliance with this obligation.
 3.     For the purposes of this Directive a person shall be                                   Article 5
 deemed to be a resident of the country indicated by the
                                                                                                 (new)
 address appearing on a document establishing his place of
 residence, such as a passport or an identity card, which, on         Without prejudice to Article 3, Member States shall allow
 a check on possession or on acquisition, is submitted to the        the acquisition and possession of firearms classified in
 authorities of a Member State or to a dealer.                       category B only by persons who have good cause and who:
 4.     The 'European firearms certificate' is a document            (a) are 18 years old or more;
 which is issued on request to a person lawfully in possession
 of a firearm or to a person contemplating the acquisition of        (b) have the necessary mental and physical capacity;
 a firearm by the authorities of a Member State. It shall
 contain the sections set out in Annex II. Where more than           (c) are not likely to be a danger to public order or public
 one person may possess the same firearm, more than one                   safety.
 certificate shall be issued.
                                                                      Without prejudice to Article 3, Member States shall allow
                             Article 2                               the possession of firearms classified in category C only by
                               (new)                                persons satisfying the tests in points (a), (b) and (c) of the
                                                                    first paragraph.
 1.     This Directive is without prejudice to the application
 of national provisions concerning either the carrying of
 weapons or game-shooting or target-shooting competitions.           Member States may not prohibit persons resident within
                                                                     their territories from possessing a weapon purchased or
                                                                     acquired in another Member State unless they prohibit
 2.     This Directive shall not apply to the Acquisition or         the purchase or acquisition of the same weapon within
possession of weapons by the armed forces, the police or the         their own territories.
public authorities.
                                                                                               Article 6
                             Article 3                                                           (new)
                          (old Article 2)
                                                                     Member States shall take all appropriate steps to prohibit
Without prejudice to the rights conferred on residents of            the acquisition and the possession of the firearms classified
 the Member States by Article 12 (2), and subject to                 in category A.
Article 15 (1), Member States may adopt in their
weapons legislation provisions which are more stringent
 than those provided for in this Directive.                                                    Article 7
                                                                                                 (new)
                            CHAPTER 2                                /.     No one may acquire a firearm classified in category B
                                                                     within the territory of a Member State unless thai Member
      Harmonization     of legislation concerning   firearms         State has so authorized him.
                                                                     No such authorization may be given to a resident of
                             Article 4                               another Member State without the latter's prior agreement;
                          (old Article 3)                            such agreement may be indicated by a statement to that
                                                                     effect on a European firearms certificate.
 Each Member State shall make the pursuit of the activity
 of dealer within its territory conditional upon authori-
 zation. Examination of an application shall involve at least        2.     No one may be in possession of a firearm classified in
 a check on the good character and professional competence           category B within the territory of a Member State unless
 of the dealer or, in the case of a legal person, of the person      that Member State has so authorized him. If he is a resident
 who directs the undertaking.                                        of another Member State that other Member State shall be
                                                                     informed accordingly.
 Each dealer must be required to keep a register in which
information concerning all firearms classified in                    3.    An authorization to acquire and an authorization to
 categories A, B or C received or disposed of by him shall          possess a firearm classified in category B may take the form
be recorded, including such particulars as enable the                of a single administrative decision.
 ---pagebreak---  No C 299/8                               Official Journal of the European Communities                                    28. 11. 89
                             Article 8                                                         CHAPTER 3
                               (new)                                 Formalities    for  the   movement      of   arms    within  the
 1.     No one may be in possession in a Member State of a                                     Community
firearm classified in category C which that Member State
 has not made subject to authorization unless he has declared                                   Article 11
 it to the authorities of that Member State.
                                                                                             (old Article 6)
 The Member States shall provide for the compulsory                  1.    Firearms may, without prejudice to Article 12, be
 declaration of all firearms classified in category C at present    transferred from one Member State to another, or to or
 held within their territories but not previously declared           from a third country, only in accordance with the
 within one year of the entry into force of the national             procedure laid down in paragraphs 2 to 4 hereinafter.
provisions transposing this Directive.
                                                                     2.    Where a firearm is to be transferred to another
                                                                     Member State or to a third country, the person concerned
 2.     Dealers shall inform the Member State in which it            or his authorized agent shall before it is taken there
 takes place of every acquisition of a firearm classified in         supply the following particulars to the Member State in
 category C except where that firearm is subject to authori-        which such firearm is situated:
 zation. If the person acquiring such a firearm is a resident
 of another Member State, that other Member State shall be          — the names and addresses of the person selling or
 informed of the acquisition by the Member State in which                disposing of the firearm and of the person purchasing
 it took place.                                                          or acquiring it or, where appropriate, of the owner,
                                                                    — the address to which the firearm is to be consigned
 3.     If a Member State prohibits the acquisition and                  or transported,
 possession within its territory of a firearm classified in
 category C or D, it shall so inform the other Member States,       — the number of firearms to be consigned or trans-
 who shall expressly include a statement to that effect on any           ported,
 European firearms certificate they issue for such a firearm,
 with a view to the application of Article 12 (2).
                                                                     — the particulars enabling the firearm to be identified,
                                                                     — the means of transfer,
                             Article 9
                          (old Article 5)                            — the date of departure and the estimated date of
 1.     Every Member State shall prohibit the handing over               arrival.
 of firearms classified in categories A, B or C within its
                                                                      The Member State shall examine the conditions under
 territory, by a dealer or by any other person, to any person
                                                                     which the transfer is to be carried out, in particular with
 who is not a resident of that Member State.
                                                                     regard to security.
 2.     Notwithstanding paragraph 1 the handing over of a            Where the Member State authorizes such transfer, it
firearm to a person who is not resident in the Member State          shall issue a licence incorporating all the particulars
 in question shall be permitted:                                     referred to in the first subparagraph. Such licence shall
                                                                     accompany the firearm until it reaches its destination; it
                                                                     shall be produced whenever so required by the auth-
 — where the person acquiring it has been authorized in              orities of the Member States.
      accordance with Article 11 himself to effect a transfer to
      his country of residence,
                                                                     3.    Each Member State may grant dealers the right to
                                                                     effect transfers of firearms from its territory to another
 — where the person acquiring it plans to be in possession           Member State or to a third country without the prior auth-
      of the firearm in the Member State of acquisition,             orization referred to in paragraph 2. To that end it shall
     provided that he fulfils the legal conditions for               issue a licence, a certified copy of which must accompany
     possession in that Member State.                                the firearm until it reaches its destination; that document
                                                                     must be produced whenever so required by the authorities
                                                                     of the Member States.
                             Article 10
                          (old Article 5)                             This procedure may be used for transfer to a Member State
                                                                     only if the recipient is a dealer.
 No ammunition for a firearm may be handed over in a
 Member State to a person who is not a resident of that              Before transfer the dealer shall communicate to the auth-
 Member State unless that person establishes by producing a          orities of the Member State from which the transfer is to be
 European firearms certificate that he lawfully possesses a          effected all the particulars listed in the first subparagraph of
 weapon of a type for which that ammunition is intended,             paragraph 2.
 ---pagebreak---  28. 11. 89                              Official Journal of the European Communities                               No C 299/9
 4.     Each Member State may supply the other Member               2.    All information that Member States receive by way of
 States with a list of firearms whose transfer to its               the procedures laid down in Article 11 for transfers of
territory may not be authorized without its prior                  firearms and in Article 7 (2) and Article 8 (2) for the
 consent.                                                           acquisition and possession of firearms by non-residents shall
 Such lists of firearms shall be communicated to dealers who        be communicated, before the relevant transfers begin, to the
 have obtained licences to transfer firearms without prior          Member States of destination and, where appropriate, to the
 authorization under the procedure laid down in paragraph           Member States of transit.
 3; these dealers shall effect the transfers referred to in
paragraph 3 only after obtaining the prior agreement of the
 Member State of destination.                                       3.    Member States shall set up a network for the exchange
                                                                    of information for purposes of the application of this Article.
 5.     Where a firearm is to be imported from a third               They shall inform the other Member States and the
country, the person concerned or his authorized agent shall         Commission of the national authorities responsible for
supply the Member State of importation with all the                 transmitting and receiving information and for applying the
particulars referred to in the first subparagraph of               formalities referred to in Article 11 ({4).
paragraph 2. Where it authorizes importation, the
Member State of importation shall issue an import
licence. The import licence must accompany the firearm                                        Article 14
until it reaches its destination; it must be produced
whenever so required by the authorities of the Member                                      (old Article 8)
States.                                                             Entry into the territory of a Member State with a firearm
                                                                    shall be prohibited except in the cases defined in Articles 11
                            Article 12                              and 12 and provided the conditions laid down therein are
                         (old Article 7)                            met.
 /.     If the procedure provided for in Article 11 is not
 employed the possession of a firearm during a journey              Entry into the territory of a Member State with a weapon
 through two or more Member States shall not be permitted           other than a firearm shall be prohibited unless the national
 unless the person concerned has obtained the authorization        provisions of the Member State in question are complied
 of each of those Member States.                                    with.
Member States may grant such authorization of one or
 more journeys, for a specified or unspecified period. Such
 authorizations shall be entered on the European firearms                                    CHAPTER 4
 certificate which the traveller must produce whenever so
 required by the authorities of the Member States.                                        Final provisions
 2.     Notwithstanding     paragraph 1, sportsmen and
 marksmen may without prior authorization be in possession
                                                                                              Article 15
 of one or more firearms classified in categories C and D
 during a journey through two or more Member States with                                   (old Article 9)
 a view to engaging in game-shooting or taking part in a            1.    Member States shall, without prejudice to para-
 marksmanship competition provided that for each firearm
                                                                    graphs 3 and 4, abstain from carrying out controls on
 they possess a European firearms certificate and that they
                                                                    the possession of weapons at internal Community
 are able to substantiate the reasons for their journey, in
                                                                    frontiers from 31 December 1992 at the latest.
particular by producing an invitation.
 However, this shall not apply to journeys to a Member
 State which prohibits the acquisition and possession of the        2.    Member States shall intensify controls on the
firearm in question; in that case an express statement to          possession of weapons at external Community frontiers.
 that effect shall be entered on the European firearms
 certificate pursuant to Article 8 (3).
                                                                    They shall in particular ensure that travellers from third
 3.     Under agreements for the mutual recognition of              countries who intend to proceed to another Member State
 national documents two or more Member States may                   comply with Article 12.
 provide for arrangements more flexible than those
prescribed in this Article for movement with firearms
 within their territories.                                          3.    This Directive shall not preclude the carrying out
                                                                    of controls by Member States or by the carrier at the
                            Article 13                             time of boarding of a means of transport.
                              (new)
 1.     Each Member State shall communicate all useful              4.    Member States shall inform the Commission of the
 information at its disposal concerning definitive transfers of     manner in which the controls referred to in paragraphs 2
 weapons to the Member State to the territory of which such         and 3 are carried out. The Commission shall collate this
 a transfer has been effected.                                      information and make it available to all Member States.
 ---pagebreak--- N o C 299/10                              Official Journal of the European Communities                                   28. 11. 89
                          Article 16                                    with this Directive not later than 31 December 1991.
                      (old Article 10)                                  They shall forthwith inform the Commission and the
                                                                        other Member States of the measures taken.
Member States shall render failure to comply with the
provisions of this Directive subject to the same criminal
and administrative sanctions as failure to comply with                  The provisions adopted pursuant to the first paragraph shall
                                                                        make    ex ress
comparable national provisions.                                                   P       reference to this Directive.
                          Article 17
                                                                                                     Article 18
                      (old Article 11)
Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply               This Directive is addressed to the Member States.
                                                                ANNEX    I
             1. For the purposes of this Directive 'weapon' means:
                — any firearm within the meaning of section 2 of this Annex,
                — any object listed in section 3 of this Annex,
                — ammunition for firearms unless it is included in the definition of a firearm,
                — any weapon with a gas propellent mechanism, any weapon with a compressed air propellent mechanism
                   and any weapon propelling projectiles by means of springs only,
                — any bow or crossbow,
                — any cutting or stabbing weapon whose blade has more than one cutting edge, any bayonet, stiletto,
                   dagger, flick-knife, or swordstick,
                — any mace, club, truncheon, knuckleduster, cosh, sling or catapult.
             2. For the purposes of this Directive firearm' means:
                — any object which falls into one of the following categories excluding those which meet the definition
                   but which are excluded for one of the reasons listed in section 3 of this Annex:
                                                                CATEGORY        A
                                                              Prohibited firearms
                   1. Firearms usually used as military weapons;
                   2. Automatic firearms, even those which are not military weapons;
                   3. Firearms disguised as other objects;
                   4. Ammunition with penetrating, explosive and incendiary projectiles, and the projectiles for such
                      ammunition;
                   5. Pistol and revolver ammunition with soft-nosed or hollow projectiles, and the projectiles for such
                      ammunition.
 ---pagebreak--- 28. 11. 89                               Official Journal of the European Communities                                     No C 299/11
                                                                CATEGORY       B
                                                       Firearms subject to authorization
                  1. Short firearms with semi-automatic or repeating mechanisms;
                  2. Short firearms with single-shot mechanisms and centre-fire percussion;
                  3. Short firearms with single-shot mechanisms and rimfire percussion whose overall length is less than 28
                      cm;
                  4. Long firearms with semi-automatic mechanisms whose magazine and chamber can together hold more
                      than three rounds;
                  5. Long firearms with semi-automatic mechanisms whose magazine and chamber cannot together hold
                      more than three rounds, where the magazine is removable or where it is not certain that the weapon
                      cannot using tools ordinarily available be converted into a weapon whose magazine and chamber can
                      together hold more than three rounds;
                  6. Long firearms with repeating and semi-automatic mechanisms and smooth-bore barrels, the barrel not
                      exceeding 60 cm in length;
                   7. Firearms with semi-automatic mechanisms for civilian use which resemble military weapons with
                      automatic mechanisms.
                                                                CATEGORY       C
                                                        Firearms subject to declaration
                  1. Long firearms with repeating mechanisms;
                  2. Long firearms with single-shot mechanisms and rifled barrels;
                  3. Long firearms with semi-automatic mechanisms other than those in category B, points 4 to 7;
                  4. Short firearms with single-shot mechanisms and rimfire percussion whose overall length exceeds 28 cm.
                                                                CATEGORY       D
                                                                Other firearms
                  Long firearms with single-shot mechanisms and smooth-bore barrel:
              — and any component of any such firearms.
                  The breach-closing mechanism, the magazine and the barrel of a firearm as separate objects are included
                  in the category in which the firearm to which they belong are classified.
           3. For the purposes of this Annex objects which correspond to the definition of a firearm' shall not be included
              in that definition if they:
              (a) have been rendered permanently unfit for use;
              (b) are designed for alarm, signalling, life-saving, animal slaughtering, harpoon-hunting or -fishing or
                  industrial or technical purposes provided that they can be used for the stated purpose only;
              (c) were manufactured before 1 January 1870 or to a design dating from before 1 January 1870 provided
                  they cannot fire ammunition intended for prohibited weapons or weapons subject to authorization.
 ---pagebreak--- No C 299/12                               Official Journal of the European Communities                                        28. 11. 89
          4. For the purposes of this Annex:
              (a) a 'short firearm' means a firearm with a barrel not exceeding 30 centimetres or whose overall length does
                   not exceed 60 centimetres;
              (b) a 'long firearm' means any firearm other than a short firearm;
              (c) an 'automatic mechanism' means a mechanism which returns automatically to a ready-to-fire position
                   each time a round is fired and can fire more than one round from the same barrel each time the trigger is
                   operated;
              (d) a 'semi-automatic mechanism' means a mechanism which returns automatically to a ready-to-fire position
                   each time a round is fired, and can fire only one round from the same barrel each time the trigger is
                   operated;
              (e) a 'repeating mechanism' means a mechanism which after a round has been fired is designed to be reloaded
                  from a magazine by means of a manually-operated action;
              (f) a 'single-shot mechanism' means a mechanism which is designed to be loaded manually by the insertion of
                   ammunition into the chamber or a loading recess before each shot.
                                                                ANNEX       II
                                                        European firearms     certificate
          The certificate must include the following sections:
          (a) identity of the holder
          (b) identification of the firearm
          (c) period of validity of the certificate
          (d) section for use by the Member State issuing the certificate (type and references of authorizations, etc.)
          (e) section for entries by other Member States (authorizations to enter their territory, etc.)
          (f) — for firearms classified in category B, the following      statement:
                    'This certificate confers no entitlement to travel to another Member State with the firearm here referred
                    to without the authorization of the authorities of that Member State. Such authorization may be
                    recorded on this certificate.'
               — for firearms in categories C and D, the following       statement:
                    'This certificate confers no entitlement to travel to another Member State with the firearm here referred
                   to without the authorization of the authorities of that Member State. Such authorization may be
                    recorded on this certificate.
                   However, prior authorization is not required for a journey with a view to engaging in game-shooting
                   or taking part in a marksmanship competition, on condition that the reason for the journey can be
                   established at the request of any authority in the Member State visited.'
                    Where a Member State has informed the other Member States in accordance with Article 8 (3) that the
                   possession of certain firearms in categories C or D is prohibited within its territory, the following
                   statement shall be added:
                    'The firearm here referred to may not be taken to . . . (name of Member State).'
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