CELEX: 51987PC0383
Language: en
Date: 1987-07-28
Title: Proposal for a COUNCIL DIRECTIVE on the control of the acquisition and possession of weapons (presented by the Commission)

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COM (87) 383
Vol. 1987/0211
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(87 ) 383 final
                                                  Brussels , 28 July 1987
                                 Proposai for a
                               COUNCIL DIRECTIVE
              on the control of the acquisition and possession
                                   of weapons
                        ( presented by the Commission )
                              V
                             V        . 5<^
                                   t-o-
COM ( 87 ) 383 final
                                ÊO sol
 ---pagebreak---                                  -1-
                             I. CXPLANATORY_MEMORANDUM
1 - In its White Paper " Completing the internal market ", the Commission stated
that in 1986 it would submit a proposal concerning the approximation of arms
 legislation ( White Paper , point 55 ).
This proposal forms part of the work on the abolition of internal Community
frontiers , in particular the work on the proposals whereby , by 1992 , a stage_
will be reached when police checks on the identity of individuals crossing
 frontiers and on the safety of articles transported will be abolished as far
as Community citizens are concerned .
Thus , the proposal for a Directive in the field of weapons is only cne of a
number of measures intended collectively to create the conditions in which the
objective of eliminating internal frontiers , as foreseen in the White Paper,
can be attained .
2 . The objective of the approximation of weapons legislation is , therefore ,
to afford the Member States the requisite guarantees for them to agree to
abstain from police checks on the possession of weapons when internal Community
frontiers are crossed .     As the White Paper emphasizes ( points 53-54 ), police
checks at internal frontiers are closely bound up with the legitimate concerns
of the political authorities in their fight against terrorism , drugs and crime .
To enable frontier checks to be abolished and thus to confer on
European citizens the right to travel freely within the Community without
 formalities or controls , it will have to be possible to guarantee the Member
 States that the degree of protection against terrorism and crime which they
have established will not be diminished .
 ---pagebreak--- An important factor in this context , besides increased cooperation between
police authorities , the stepping-up of controls at external frontiers , etc .,
is an ap proximation of the Member States' weapons legislation .         Such an
approx i ma t i on would have to be effected in such a way as to ensure that each
Member State would no longer regard itself as solely responsible for combating
terrorism and crime in its territory but responsible by means of its legislation ,
applicable in its territory , for security throughout the Community .
While each Member State bears prime responsibility for and is primarily concerned
with security in its territory , and while it is , accordingly , for it to decide
in the first place on the level of security that should apply in its territory ,
i.e. the restrictions to be plated on the purchase and possession of weapons ,
this responsibility for security throughout the territory of the Community should
be reflected in measures designed to enable other Member States having a stricter
conception of security to apply their legislation in their territory .
The objective of the Commission 's proposal is not , therefore , to secure
harmonization of weapons legislation on the ground that this would be desirable
or useful for Community citizens ; nor is the objective to make the possession
of weapons subject , throughout the Community , to the same restrictions in order
to establish the same level of security everywhere .
The sole objective of the Commission 's proposal is to create conditions_
 enabling the abolition of controls at frontiers ,_a major obstacle to freedom
of movement for persons ,      even where those controls are not , in
 fact , now carried out systematically .                    Moreover , approximation
of legislation , with the safeguards it will afford Member States as far as
movement within the Community is concerned, will result in a greater degree
of security for Europe and its citizens than at present !
 ---pagebreak---                                          - 3 -
  3.   The twelve Member States all have weapons legislation .     The present
  situation may be described as involving a very wide variety of technical rules .
  It is almost impossible to carry out an exhaustive comparison of the different
  national rules on the subject . Certain conclusions may , however , be drawn if
  attention is focused on the rules that apply to crossing frontiers with weapons
                         It should be noted that the scope of all the national bodic
  of legislation encompasses national territory and the individuals situated
  within that territory , whether or not they are residents .    The concept of
  nationality plays virtually no part in the matter .      Under all the national
  bodies of legislation , very little attention is paid to the problems which may
  be faced by people who wish to purchase a weapon abroad , transfer their habitual
  residence to another country or travel with weapons . Such problems are general
  viewed from the standpoint of importing or exporting weapons .
  A. The effects of this situation on the internal market are clear . The            twelve
  bodies of national law constitute isolated sets of rules which - although         they
  do not differ widely as regards their substance - are very different from         one
  another from a technical standpoint and which , above all , take no account       of the
   laws of neighbouring countries .    The result is that the Member States take the
  view that in order to uphold their national laws , which are based on the
  principle of territoriality , it is necessary to carry out checks at the point of
  entry into , and in certain cases , departure from their territory or , in any
  event , they must have the right to carry out such controls in order to satisfy
   themselves        that their laws , which pertain to the sensitive area of the
   maintenance of law and order and public safety , are observed .
The establishment of the internal market will result , as provided for in the
White Paper , in " the removal of physical barriers ". The guarantees cur rent ly
afforded by the possibility of carrying out border checks will there-_
fore have to be replaced on 31 December 1992 at the Latest by guarantees based
on_procedures put into effect within the Member States , rather than at
the internal borders . In order to link these procedures ano make
them effective, some         measure of approximation of arms leg i s lat ion is required,
especially of the national provisions governing the acquisition and possession
of weapons *
 ---pagebreak---                                       -4-
5 . a . To this end, the Commission is proposing a set of rules . The proposal for a
 Directive prohibits the possession of weapons when passing from one Member
State to another , except when the procedure for a definitive transfer of a
firearm , or when the appropriate procedure for the possession of a firearm
travelling within the Community , is being applied . The procedures to be fot -
 l owed in these cases make it possible for the Member States to be informed of
every arrival of weapons on their territory , and in certain cases even to make
tr.e arrival of such a weapon contingent on their prior consent . These procedures
 i 11u■;    enable         for' the Member State :; to apply their laws to persons
 i lining from another Member State and to the weapons they possess . Compliance
with these procedures is ensured by the provision prohibiting the hancing over
 v f a firearm ( for example when a dealer is selling a weapon ) to a person resi ¬
 dent in another Member State ; that person is thus obliged to go through the
 definitive transfer procedure in order to obtain possession of the weapon .
5 . b . Firearms may thus be transferred by means of two procedures :
         The procedure for a definitive transfer ( Art . 6 ) must be followed , for
         example , where a weapon is purchased abroad and in the case of a transfer
         of residence . The entire procedure is carried out by a dealer .
         First , an application for authori zati on for the transfer must be submitted
         to the Member State of departure     ( Art . 6 ( 2 ) ( a )). This state checks the
         legality of the operation and the conditions of safety . If it
         authorizes the transfer , it informs the Member State of destination
         and the Member States of transit ( Art . 6 ( 2)(c )).
 ---pagebreak---                                   -5-
It will issue a Licence that must accompany the firearm until
it reaches its destination ( Art . 6 ( 2)(b ) ), where the authorities
of the Member State concerned, who are informed of this transfer ,
can apply their legislation ( prohibition , authorization _ ).
Article 6 ( 3 ) provides an additional safeguard, allowing
Member States to notify to the other Member States a list
of firearms whose transfer to their territory may not be
authorized by the Member State of departure without the prior
consent of the Member State of destination . Thus the Member States
can prevent certain types of weapons from being sent to their territory
without their prior consent .
For the import ( and export”) of weapons coming from ( going to ) a
third country , the same procedure must be followed , but only the
authorization of the Member State of destination ( departure ) is
required : Art . 6 ( 4 ) ( Art . 6 ( 2 ) ); the transit Member States
are informed of this transfer .
The procedure for a temporary transfer ( Art . 7 ) must be followed for
trips , i.e. in those cases where the person who is in possession of
a weapon returns with his weapon to his country of residence . In principle ,
the Article 6 procedure must be followed ( authorization before departure ,
informing the Member States of transit , notification of - or , when it
concerns a firearm in the List in Article 6 ( 3 ), application for the
prior consent of - the Member State of destination ( Art . 7 ( 1 ).
During the trip , a Member State will be considered to be a Member State
of destination if the traveller is present on its territory for
more than 48 hours .
A more flexible procedure is laid down for hunters and sportsmen
( Article 7 ( 2 ) ): they may travel with the sporting or target
weapon provided they are in possession of a declaration
issued by the Member State in which they are resident , there is
no need to inform the other Member States .
The person in question may make the journey provided he is in
possession of the authorization or the declaration referred to
( Article 7 ( 3 ) ).
 ---pagebreak---                          -6-
The Article 7 procedure cannot be used in the case of travellers
from non-Community countries . They must first follow the procedure
laid down in Article 6 and, where applicable start the journey
in the Community , from the state of importation according to the
procedure laid down in Article 7 .
c . The most sensitive case is that of sale of a firearm to a person
who is not resident in the territory where the sale has taken place
andean therefore evade all control . In the case of travel , even if the
Article 7 procedure is not followed, possession of an arm is governed
by the legislation of the state in which the person is resident and
to which the firearm , after the journey , will be returning .
So as not to leave a loophole in the arrangements provided for in
Article 6, Article 5 prohibits the handing over of a firearm to a
non-resident unless that person has the necessary authorization
of his Member State of residence . The firearm can be sold by a
dealer or another person ( that is to say the transaction can
take place - Article 4 ); however , the firearm must not be handed
over but must remain in the hands of the seller .
If the firearm is intended to be kept in the Member State in which the
purchaser is resident , the dealer must initiate the definitive transfer
procedure ( Article 6 ); the firearm may only be handed over to the
purchaser at destination . However , if the Member State of residence
has given prior authorization for the purchase, the arm can be handed
over and the purchaser will be the transporter within the meaning of
Article 6 ( 2 ) ( see Article 5 ( 1 ), second subparagraph and Article 6 ( 3 ) ).
Compliance with the ban on handing over firearms to non-residents is
ensured, as far as dealers are concerned, by the requirement to keep a
regi ster in which the information concerning all firearms issued or
received by the dealer must be recorded ( Article 3 ( 2 ) ); in this way it
will be possible to check on all sales of firearms by residents to
non-residents . If the arm is sold by a private individual , the sale
still has to be recorded in a dealer 's register ( Article 4 ).
 ---pagebreak---                                           - 7 -
6 . In this context reference should be made to the international legal
instruments which already exist in regard to harmonization of weapons legislation
and which have entered into force in a number of Member States .
(a)     Council of Europe
At the request of its Parliamentary Assembly , the Council of Europe began work
on the control of firearms in 1973 .      Two documents were produced as a result :
- The European Convention on the control of the acquisition and possession of
   firearms by individuals ( No 101 , signed in Strasbourg on 28 June 1978 ).
   This Convention has been ratified by four Member States ( Germany , Luxembourg ,
   the Netherlands and Portugal ); it entered into force on 1 July 1982 .      Five
   other Member States have signed the Convention ( Denmark , Greece , Ireland ,
   Italy and the United Kingdom ).     It has not been signed by Belgium , France or'
   Spain . .( In addition , the Convention has been ratified by Cyprus , Iceland and
   Sweden and it has been signed by Turkey .)           .   ■
    The        Convention applies to all cases in which a firearm that is situated
   in one country is sold , transferred or otherwise disposed of to any person
   resident in another country and it provides for the latter country to be
   notified of any such transaction by means of a notification system or a dual
   authorization system .
-- Recommendation No R(84)23 on the harmonization of national leqi st ati ons
   relating to firearms (7 December 1984 ).     The Recommendation goes much further
   than the Convention since it provides specific information on the minimum
   content which should be included in the firearms legislation of the member
   states of the Council of Europe .     It classifies arms into three groups
    ( prohibited arms , arms subject to authorization and arms subject to declaration )
 ---pagebreak---                                    -8-
(b)   Benelux
On 9 December 1970 a Convention on arms and ammunition was signed in Brussels
by the Benelux countries .    Up to now the Convention has been ratified only
by Luxembourg .   It makes provision for a genuine harmonization of the national
laws of the three countries .    Of particular interest are its provisions on
imports and exports ; the territory of the three countries is deemed to be a
single territory and licences are valid throughout that territory .     However ,
the Convention has not yet entered into force .
(c)   Agreements between Member States designed to facilitate the crossing of
      front i ers
The two agreements which have recently been concluded between Member States
with a view to facilitating the crossing of their common frontiers clearly
demonstrate the need for back-up measures to accompany the progressive abolition
of frontier controls .    Article 19 of the agreement concluded on 14 June 1985
in Schengen between the Benelux countries , Germany and France provides that
" the parties shall seek to harmonize their laws and regulations ... governing
arms and explosives "; a working party has already been set up .     Article 7 of
the agreement concluded on 22 June 1986 in Kupfermuhle between Germany and
Denmark provides that " the parties shall intensify cooperation ..., i nter alia
to combat crime , in particular unlawful traffic in drugs and arms ".
 ---pagebreak---                                      -9-
                          II - A^LYSIS_OF_ÎHE = PROPOSAL
Article 1 - Definitions
The term " weapon " means any object considered to be a weapon in at least one
Member State , including side-arms and other objects which can inflict wounds .
The concept is used in its widest sense in Article 8 ( prohibition on passing
with weapons from one Member State to another and Article 9 ( controls ).
The definition of the term " firearm" is taken from the Council of Europe
Convention of 28 June 1978 . The term is used in Articles 4 to 7 , i.e. in the
provisions governing the transfer of firearms from one Member State to another
In order to achieve the objective pursued by this Directive , it would not
appear necessary to make weapons other than firearms subject to all the
precautionary measures ( registration , etc .).
The definition of dealer is based on that given in the Council of Europe
Convention .
The Directive does not define the term " resident " other than by reference to
the term " principal residence ". That concept comes within the scope of
the laws of the Member States which determine the substance thereof .
Article 2 - This approximation measure is a minimum
The Directive represents a minimum ;     it does not preclude Member States
from laying down stricter rules . There are almost no rules in the proposed
text concerning the purchase , possession and carrying of weapons by residents :
all of these aspects are to be regulated by the Member States .     Thus the
Directive does not for example prevent a total ban on all weapons .
There are two exceptions to the rule that Member States may enact more
stringent provisions : firstly , persons engaged in hunting and sports
competitions and who are in possession of the declaration referred to in
Article 7(2 ) are to be allowed to proceed to another Member State with
their sporting or target weapon ;    secondly , protection of the national
weapons market is precluded .
 ---pagebreak---                                   - 10-
 Article 3 - Regulation of the occupation of arms dealer
 Paragraph 1 merely institutionalizes a situation which already exists in
 the Member States . It does not appear necessary to lay down detailed
 conditions governing the taking-up of the occupation . Article 52 of the
 EEC Treaty applies in any case .
 The requirement that dealers keep a register is not an innovation .   However ,
 it is proposed that the name and address of the transferee would have to be
 recorded in respect of every firearms sale , even where there is no restriction
 on the sale or carrying of the weapon in the Member State concerned ;   this
 will make it possible to trace the person who purchased the firearm in all
 cases , and thus to trace anyone who may have used it . It will also enable
 Article 4 to be applied in a realistic manner since arms dealers will not be
 able to claim that they sold a firearm to a resident .
 Article 4 - Sal e of firearms to non-residents
 Article 4 regulates the sale of firearms to non-residents , i.e. transfer of
 ownership .   Article 5 deals with the handing over of firearms , i.e. delivery ,
physical   taking of possession .
 Every sale of a firearm to a non-resident must be registered .   Where the
 vendor is a private person , the parties must have the transaction registered
 by a dealer .
 Article 5 - Ban on handing over firearms to non-residents
 The Directive makes transfer of ownership    subject only to the registration
 requirement , but as a general rule it prohibits handing over , i.e. it prevents
  non-residents from physically taking possession of the firearm . Member States
  are to allow a firearm to be handed over to a non-resident in their territory
  only if the Member State in which he is resident has given its consent , so
  that that Member State is aware of the transaction and agrees that the person
  in question possess such a weapon . When the weapon is transferred to the
 Member State of residence , the procedure of Article 6 will be followed .
 ---pagebreak--- Since ammunition is defined as a firearm ( Annex , B-3 ), a derogation has to be made
from the prohibition on the handing over of ammunition resulting , in principle ,
from the first paragraph as regards sportsmen and marksmen who are authorized
to have their weapon in their possession outside their country of residence .
Article 6 - Procedure for the transfer of a firearm
As a general rule , whenever a firearm is transferred from one Member State to
another , or to or from a third country , the procedure laid down in Article 6
must be followed . The only exceptions to this are laid down in Article 7 .
In order to harmonize the various systems of authorization for the import and
export of firearms , it is proposed that all transfers of firearms to another
Member State , or through another Member State , should be subject to authorization
in the Member State of departure ( or where a firearm is imported from a
non-Community country , in the Member State of destination ).
The Member State of departure must ensure , firstly , that the proposed transfer
is effected under secure conditions and , secondly , that paragraph 3 is applied .
In principle , the procedure provides simply for the mandatory notification of
the transfer of a firearm to the Member State of destination and the Member States
of transit .  There would thus be a form of control at the point of departure and
the possibility of taking action at the point of destination . Member States are ,
however , entitled , pursuant to paragraph 3 , to supply the other Member States
with a list of firearms in respect of which their own consent would be required
before the Member State of departure may grant authorization . A Member State
through whose territory the weapons are to pass in transit could not prevent
the consignment or transport operation , but would be informed of it in any case .
Paragraph 3 enables the Member States , should they so wish , to introduce the
" dual authorization " system for which provision is made in the Council of
Europe Convention of 28 June 1978 .
The authorization referred to in Article 7 is a " security authorization " only ,
and would not replace customs or tax documents or formalities , unless those
 other formalities were in force for security reasons only .
 ---pagebreak---                                  - 12-
Article 7 - Possession of firearms in the course of travel
Where a firearm is not permanently transferred from one Member State to
another but is simply kept in his possession by a traveller intending to
return with the weapon to his country of residence , the same procedure as
that laid down in Article 6 must be followed .   The responsibility of the
Member State of residence will be very considerable since it will be for
it to examine the reasons which justify the traveller being in possession of
a firearm during the journey . Member States in whose territory the person
concerned intends to travel will be informed and where the traveller plans
to remain in a Member State 's territory for more than 48 hours ( i.e. where
it is not simply a question of his passing through that territory ), the
dual authorization system for which provision is made in Article 6 may be
appl i ed .
However , in order to avoid disproportionate restrictions on travel within the
Community by sportsmen and marksmen , it is proposed that they should be
allowed to travel carrying a declaration issued by the authorities of their
country 'of residence stating that they comply with the legislation of that
country and listing the hunting or shooting events or competitions in which
they propose to participate . They will , accordingly , not be required to
follow the complex procedure laid down in Article 6 , involving notification
and the possible use of the dual authorization system , which can be justified
by the fact that the Member State of departure assumes responsibility for
issuing a declaration stating that the person in question is a bona fide
sportsman or marksman .
 Article 8 - Prohibition on passing with weapons from one Member State to
              anot her
 Article 8 lays down the principle that persons are prohibited from passing from
 one Member State to another with weapons ( in the broad sense of the term ) except
 in the circumstances referred to in Articles 6 and 7 . This Article is in fact
 the basis of the system that guarantees the Member States the possibility of
 applying their legislation on their territory .
 ---pagebreak---                               - 13-
Article 9 - Controls at internal Community frontiers
Article 9 constitues the corollary to Article 8 . Paragraph 1 lays down the
purpose of the Directive as a whole . Member States are to abstain from
carrying out controls on all weapons at internal Community frontiers .
It would be inexpedient to abolish possible controls on the possession of
weapons at the borders as long as controls are maintained for other reasons .
The Commission therefore proposes to abolish those controls when all controls
are abolished , that is from 31 December 1992 at the latest .
The quid pro quo ,   as announced in the White Paper ( point 53 ), is the
intensification of controls at external frontiers .
Paragraph 3 sets out the derogation from the rule laid down in
paragraph 1 : controls on boarding a means of public transport . But as
stated in the 7th    recital the Member States still have the power to
take measures with a view to the repression of an offence .         -
 Article 10 - Criminal penalties
 The principle that Member States bear responsibility for security
 throughout the territory of the Community means , for example , that      '
Member . States would have to punish the sale or handing over of a       «
firearm to a non-resident , otherwise than in compliance with the 1 - *' J
Directive, in the same way as the sale of a firearm to a resident who is
not authorized to possess the same .
 ---pagebreak---                         Proposai for a
                      COUNCIL DIRECTIVE
on the control of the acquisition and possession of weapons
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
ana in particular Article 100 A thereof .
                                                   Λ
Having regard to the proposal from the Commission ,
In cooperation with the European Parliament2 ,
Having regard to the Opinion of the Economic and Social Committee3,
Whereas Article 3(c ) of the Treaty provides that the activities of
the Community shall include the abolition , as between Member States , of
obstacles to freedom of movement for persons ;
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 at internal Community frontiers ;
Whereas the total abolition of controls and formalities at internal
Community frontiers entails the fulfilment of certain fundamental
conditions ; whereas in its White Paper " Completing the internal market "
the Commission stated that the abolition of controls on persons and on
the safety of objects transported entai Ls^ among other things , the
approximation of weapons legislation ;
1 0J No C
20J No C
30J No C
 ---pagebreak---                                - 15-
Whereas abolition of controls on the . possession of weapons at internal
Community frontiers necessitates the 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 State ;
Whereas passing from one Member State to another 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 States to
be notified that a firearm is to be brought into their territory ;
Whereas , however , more flexible rules should be adopted in respect of sport
and target shooting in order to avoid inpeding the free movement of persons
more than is necessary ;
Whereas the Directive is intended only to abolish all 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 illegal trade in weapons ;
 whereas:. Article 223 of the Treaty provides that any Member State r
-ay take such measures as it considers necessary for the protection of
     essential interests of its security which are connected with the
production of or trade in arms, munitions and war material ; whereas
that Article, does not preclude Community measures designed to control
strictly any transfer of weapons and to prohibit all travel within the
Community by persons possessing weapons of war .
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                - 16-
                                     Article 1
 1.   For the purposes of this Directive , " weapons " and " firearms "
      shall have the meanings ascribed to them in the Annex .
  2 . For the purposes of this Directive , " dealer " shall mean anynaturalor
      legal person whose trade or business consists wholly or partly in
      the manufacture , sale , purchase , exchange , hiring out , repair or
      conversion of weapons .
  3.  For the purposes of this Directive , persons shall , regardless of
      their nationality , be deemed to be residents of the country in
      whose territory their domicile is situated .
                                     Article 2
Without prejudice to the rights conferred on residents of the Member
States   by  Article 7(2 ), Member     States  may adopt   in
their weapons legislation provisions which are more stringent than
those provided for in this Directive .
Member States   may   prohibit persons resident in their territory from
purchasing or acquiring a weapon in another Member State only where
they prohibit the purchase or acquisition of such a weapon in their
own territory .
                                     Article 3
Each Member State shall make the pursuit of the occupation of dealer
in its territory conditional upon authorization .
 ---pagebreak---                                - 17-
Each dealer shall keep a register in which information concerning
all firearms received or disposed of by him shall be recorded ,
including such particulars as enable the weapon to be identified , in
particular the type , make , model , calibre and serial number thereof ,
and the names and addresses of the supplier and the person acquiring
the weapon .
                                   Article 4
Firearms shall be sold or otherwise disposed of to persons not resident
in the territory of the Member State in which such sale or disposal
takes place only if the transaction is recorded in a dealer 's register as
referred to in Article 3 .
                                   Article 5
1.    Member States shall prohibit the handing over of a firearm to a
      person resident in another Member State unless that person is
     authorized to receive it by his Member State of residence .
      Member States shall permit the handing over of a firearm to a
      person resident in a third country only where they satisfy themselves
      that such firearm leaves the territory of the Community .
2.    Small quantities of ammunition may be sold and handed over to a
      traveller in a Member State who is not resident in that Member
      State for the weapons he is permitted to possess in the territory
      of that Member State in accordance with Article 7 .
 ---pagebreak---                                  - 18-
                                ArticLe 6
1. Firearms   may ,  without prejudice to Article 7 , be transferred
   from one Member State to another , or to or from a third country,
   only in accordance with the procedure laid down in the following
   paragraphs .   Only a dealer may transfer a firearm or cause a firearm
   to be transferred .
2. Where a firearm is to be transferred to another Member State
   or to a third country , the dealer shall before consignment or
   transportation supply the following particulars to the Member
   State in which such firearm is situated :
   - the names and addresses of the person selling or disposing of
      the firearm and of the person purchasing or acquiring it or ,
      where appropriate , of the owner ;
   - the address to which the firearm is to be consigned or transported ;
   - the number of firearms to be consigned or transported ;
   - the particulars enabling the firearm to be identified ;
   - the means of transfer ;
   - the date of departure and the estimated date of arrival .
   Where the Member State authorizes such transfer , it shall issue
   a licence incorporating all the particulars referred to in the first
   subparagraph .        Such licence shall accompany the firearm during
   the consignment or transport operation until it reaches its
   destination ; it shall be produced whenever so required by the
   authorities of the Member States .
   The Member State which issues the licence shall immediately
    send a copy thereof to the Member State of destination and to
    Member States through which the firearm is to pass in transit .
3.  Each Member State may supply the other Member States with a list of
    firearms whose transfer to its territory may not be authorized
    without its prior consent .     The authorization referred to in
    Article 5(1 ) shall be deemed to constitute such consent .
 ---pagebreak---                                 - 19-
4 . Where a firearm is to be imported from a third country , the dealer
    shall supply the Member State of importation with all the particulars
    referred to in the first subparagraph of paragraph 2 . Where it authorizes
    importation , the Member State of importation shall immediately supply the
    said particulars to the Member States through which the firearm is to
    pass in transit . The import licence must accompany the firearm
    during the consignment or transport operation until it reaches its
    destination ; it must be produced whenever so required by the
    authorities of the Member States .
5.  Each Member State shall inform the other Member States and the
    Commission of the national authorities responsible for applying
     the procedure laid down in this Article .
                                  Article 7
1 . The procedure laid down in Article 6 shall be followed in respect
    of possession of a firearm in the course of travel in two or more
    Member States .
    An application for authorization to possess a firearm shall , by way
    of derogation from Article 6 , state :
    - the name and address of the person who wishes to possess the firearm
    - particulars enabling the firearm to be identified ;
    - the places at which and the respective periods during which the
       person concerned plans to be present in the other Member States ,
       and the means of transport to be used for the journey ;
    - the grounds on which the person concerned wishes to possess the
       firearm during the journey .
    Where the firearm is included in a list supplied pursuant to
     Article 6(3 ) by a Member State in which the person concerned is to
     travel , authorization may be granted without the prior consent
    of that Member State only if the traveller plans to be present in
     its territory for less than 48 hours .
 ---pagebreak---                                 - 20-
 2.  Possession of a sporting or target firearm shall
     be permitted in the course of travel in two or more
     Member States where the person possessing the firearm is in
     possession of a declaration issued by the authorities of the Member
     State in which such firearm is situated . That document shall contain :
                                                                                 !
                                                                                 I
     - the name and address of the person authorized ;
     - particulars enabling the sporting or target firearm to be
        identified ;                                                           1
     - a statement that the person concerned is authorized in that
        Member State to possess such sporting or target firearm ;
     - particulars of the places at which and the periods during which
        the hunting , shooting or sports competitions for the purposes
        of which the firearm is being transported in the possession of
        the person concerned are to take place .
     For the purposes of this paragraph , each Member State shall
     recognize as " sporting firearm " or "target firearm " any object
     recognized as such by the other Member States in the abovementioned
     declaration .
 3.  A person authorized to possess a firearm or , as the case may be ,
     a sporting or target firearm , must be in possession of the
     authorization referred to in paragraph 1 or the declaration             j
                                                                             n
                                                                             A
     referred to in paragraph 2 , throughout the journey ; the document      |
     must be produced whenever so required by the authorities of the         j
     Member States .
                                   Art i cle 8
The possession of weapons by persons passing from one Member State to
another     shall be prohibited , except in the circumstances defined in
Articles 6 and 7 and provided the conditions laid down therein are met .
                                   Article 9
 1.   Member States shall , without prejudice to paragraphs 3 and A ,
      abstain from carrying out controls on the possession of weapons
      at internal Community frontiers from 31 December 1992 at the latest .
 ---pagebreak---                                    - 21-
  2 . Member States shall intensify controls on the possession of
       weapons at external Community frontiers .
  3 . This Directive shall not preclude the carrying out of controls by
      Member States or by the carrier at the time of boarding of a means
      of transport .
  4 . Member States shall inlnrm the Commission of the manner in which the
      controls referred to in paragraphs 2 and 3 are carried out .       The
      Commission shall collate      this information and make it available to
      all Member States .
                                   Article 10
Member States . shall render failure to comply with the provisions of -
this Directive subject to the same criminal sanctions as failure to
comply with comparable national provisions .
                                    Article 11
Member . St iites shall bring into force the law :;, regulations and
administrative provisions necessary to comply with this Directive hot
later than 30 June 1990 . They shall forthwith , - inform the Commi ss i on
and the other Member States of the measures taken .-
                                     Article 12
 This Directive is addressed to the Member States .
 Done at
                                                    For the Council
 ---pagebreak---                                      - 22-
                                           ANNEX
For the purposes of this Directive :
A.  " Weapon " means : - any firearm within the meaning of point B of this
                          Annex ;
                        - any side-arm whose blade has more than one cutting
                          edge , any bayonet , stiletto , dagger , flick-knife ,
                          throwing-knife or swordstick ; or ,
                        - any mace , club , truncheon , knuckleduster , cosh
                          or sling .
B.  " Firearm " means :
1.  any object which ( i ) is designed or adapted as a weapon from which a
    shot , bullet or other missile , or a noxious gas , liquid or other
    substance may be discharged by means of explosive , gas or air pressure
    or by any other means of propulsion , and ( ii ) falls within one of the
    specific descriptions below , it being understood that subparagraphs ( a )
    to ( f ) inclusive and ( i ) include only objects utilizing an explosive
    prope 1 1 ant :
     ( a ) automatic arms ;
     ( b ) short arms with semi-automatic , repeating or single-shot
           mechani sm ;
     ( c ) long arms with seini - automat i c or repeating mechanism with at
           least one rifled barrel ;
     ( d ) single-shot long arms with at least one rifled barrel ;
     ( e ) long arms with semi-automatic or repeating meachanism and
           smooth-bore barrel(s ) only ;
 ---pagebreak--- ( f ) portable rocket launchers ;
( g ) any arms or other instruments designed to cause danger to life
         or health of persons by firing stupefying toxic or corrosive
         substances ;
( h ) flame-throwers meant for attack or defence ;
( i ) single-shot long arms with smooth-bore barrel(s ) only ;
( j ) long arms with gas propellant mechanism ;
( k ) short arms with gas propellant mechanism ;
( l ) long arms with compressed air propellant mechanism ;
( m ) short arms with compressed air propellant mechanism ;
 ( n ) arms propelling    projectiles by means of a spring only,
 provided always that there shall be excluded from this paragraph 1
any object otherwise included therein which :
      ( i ) has been permanently rendered unfit for use ;
   ( ii ) on account of its low power is not subject to control in the
            Member States ;
 ( iii ) isdesigned for alarm, signalling , life saving, animal
            slaughtering , harpooning or for industrial or technical
            purposes on condition that such objects are usable for the
            stated purpose only ;
    ( iv ) was manufactured before 1871 or to a design dating from
            before 1871;
 the firing mechanism , chamber , cylinder or barrel of any object
  comprised in paragraph 1 above ;
 ---pagebreak---                                        - 24-
3. £ny ammunition specially designed to be discharged by an object
    comprised in subparagraphs ( a ) to ( f ) inclusive , Ci ), ( j ), ( k ) or
    ( n ) of paragraph 1 above and any substance or matter specially
   designed to be discharged by an instrument comprised in subparagraph ( g )
   of paragraph 1 above ;
4. telescope sights with light beam or telescope sights with electronic
    light amplification device or infra-red device provided that they are
   designed to be fitted to any object comprised in paragraph 1 above ;
5. a silencer designed to be fitted to any object comprised in paragraph 1
    above ;
6. any grenade , bomb or other missile containing explosive or incendiary
   dev ices .
    For the purposes of this definition :
    ( a ) " automatic " denotes a weapon which is capable of firing in bursts
           each time the trigger is operated ;
    ( b ) " semi-automatic " denotes a weapon which fires a projectile each
           time the trigger alone is operated ;
    ( c ) " repeating mechanism " denotes a weapon the mechanism of which in
           addition to the trigger must be operated each time the weapon is
           to be fired ;
     ( d ) " single-shot " denotes a weapon whereof the barrel or barrels must
           be loaded before each shot ;
     ( e ) " short " denotes a weapon with a barrel not exceeding 30 centimetres
           or whose overall length does not exceed 60 centimetres ;
     ( f ) " long " denotes a weapon with a barrel exceeding 30 centimetres
           whose overall length exceeds 60 centimetres .