CELEX: 51990PC0463
Language: en
Date: 1990-10-09
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF PURE SILK TYPEWRITER RIBBON FABRICS ORIGINATING IN THE PEOPLE' S REPUBLIC OF CHINA AND DEFINITIVELY COLLECTING THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED ON SUCH IMPORTS

No C 265/6                           Official Journal of the European Communities                                  20. 10. 90
                          Article 6                              3.    The representative of the Commission shall submit
                                                                 to the committee a draft of the measures to be taken.
1.    The Commission shall be assisted by the committee          The committee shall deliver its opinion on the draft
set up pursuant to Article 6 (1) of Council Regulation           within a time limit which the chairman may lay down
(EEC) N o 3973/86.                                               according to the urgency of the matter, if necessary by
                                                                 taking a vote.
2.    The representative of the Commission shall submit
to the committee a draft of the measures to be taken.
The committee shall deliver its opinion on the draft             The opinion shall be recorded in the minutes; in
within a time limit which the chairman may lay down              addition, each Member State shall have the right to ask
according to the urgency of the matter. The opinion              to have its position recorded in the minutes.
shall be delivered by the majority laid down in Article
148 (2) of the Treaty in the case of decisions which the         The Commission shall take the utmost account of the
Council is required to adopt on a proposal from the              opinion delivered by the committee. It shall inform the
Commission. The votes of the representatives of the              committee of the manner in which its opinion has been
Member States within the committee shall be weighted in          taken into account.
the manner set out in that Article. The chairman shall
not vote.
                                                                                              Article 7
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in               The Commission          shall draw up a report on the
accordance with the opinion of the committee, they shall         implementation of      the aid operations carried out under
be communicated by the Commission to the Council                 this Regulation by     28 February 1992. The report shall be
forthwith.                                                       sent to Parliament     and the Council.
In that event:
— the Commission shall defer application of the                                               Article 8
    measures which it has decided for a period not
                                                                 This Regulation shall enter into force on the day of its
    exceeding three months from the date of communi-
                                                                 publication in the Official Journal of the European
    cation,
                                                                  Communities.
— the Council, acting by a qualified majority, may take
    a different decision within the time limit referred to       This Regulation shall be binding in its entirety and
    in the previous subparagraph.                                directly applicable in all Member States.
              Amended proposal for a Council Directive on control of the acquisition and possession of
                                                         weapons
                                              COM(90) 453 final — SYN 98
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 27 September
                                                           1990)
                                                      (90/C 265/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         In cooperation with the European Parliament (2),
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a               Having regard to the opinion of the Economic and
thereof,                                                         Social Committee (3),
Having regard to the proposal from the Commission ('),
                                                                 O Opinion delivered on 11 July 1990 (not yet published in the
(') OJ No C 235, 1. 9. 1987, p. 8;                                   Official Journal).
    OJ No C 299, 28. 11. 1989, p. 6.                             O OJ No C 55, 8. 2. 1988, p. 5.
 ---pagebreak---  20. 10. 90                             Official Journal of the European Communities                              No C 265/7
 Whereas Article 8 a of the Treaty provides that the               HAS ADOPTED THIS DIRECTIVE:
 Community is to adopt measures with the aim of
 progressively establishing the internal market, which is to                               CHAPTER 1
 comprise an area without internal frontiers in which the
 free movement of goods and persons is ensured;                                               Scope
                                                                                             Article 1
 Whereas, at its meeting in Fontainebleau on 25 and 26
                                                                    1.    For the purposes of this Directive 'weapons' and
 June 1984, the European Council expressly approved the
                                                                   'firearms' shall have the meanings ascribed to them in
 objective of abolishing all police and customs formalities
                                                                   Annex I. Firearms shall be classified in the four
 at internal Community frontiers;
                                                                   categories defined in Section 2 of Annex I.
 Whereas the total abolition of controls and formalities at        2.     For the purposes of this Directive 'dealer' shall
 internal Community frontiers entails the fulfilment of            mean any natural or legal person whose trade or business
 certain fundamental conditions; whereas in its White              consists wholly or partly in the manufacture, storage,
 Paper 'Completing the internal market' the Commission             sale, export, import, purchase, exchange, hiring out,
 stated that the abolition of controls on the safety of            repair or conversion of firearms.
 objects transported and on persons entails, among other
 things, the approximation of weapons legislation;
                                                                   3.     For the purposes of this Directive a person shall be
                                                                   deemed to be a resident of the country indicated by the
                                                                   address appearing on a document establishing his place
 Whereas abolition of controls on the possession of                of residence, such as a passport or an identity card,
 weapons at internal Community frontiers necessitates the          which, on a check on possession or on acquisition, is
 adoption of effective rules enabling controls to be carried       submitted to the authorities of a Member State or to a
 out within Member States on the acquisition and                   dealer.
 possession of firearms and on their transfer into another
 Member State; whereas systematic controls must
 therefore be abolished at internal Community frontiers;           4.    The 'European firearms pass' is a document which
                                                                   is issued on request to a person lawfully in possession of
                                                                   a firearm or to a person contemplating the acquisition of
                                                                   a firearm by the authorities of a Member State. It shall
Whereas the mutual confidence in the field of the
                                                                   be valid for a maximum period of five years. It shall
 protection of the safety of persons which these rules will
                                                                   contain the sections set out in Annex II. Where more
 generate between Member States will be the greater if
                                                                  than one person may possess the same firearm, their
 they are underpinned by partially harmonized legislation;
                                                                  particulars shall be entered upon the pass. The pass must
whereas it would therefore be useful to determine
                                                                   always be in the possession of the person using the
 categories of firearms whose acquisition and possession
                                                                  firearm.
 by private persons are to be prohibited, or subject to
 authorization, or subject to declaration;
                                                                                            Article 2
Whereas passing from one Member State to another                   1.    This Directive is without prejudice to            the
while in possession of a weapon should, in principle, be          application of national provisions concerning            the
prohibited; whereas a derogation therefrom is acceptable          carrying of weapons, hunting or target-shooting.
only if a procedure is adopted that enables Member
 States to be notified that a firearm is to be brought into
their territory;                                                  2.     This Directive shall not apply to the acquisition or
                                                                  possession of weapons by the armed forces, the police,
                                                                  the public authorities or bodies concerned with the
                                                                  cultural and historical aspects of weapons and
Whereas, however, more flexible rules should be adopted
                                                                  recognized as such by the Member State in whose
in respect of hunting and target-shooting in order to
                                                                  territory they are established.
avoid impeding the free movement of persons more than
is necessary;
                                                                                            Article 3
Whereas the Directive is intended only to abolish all             Without prejudice to the rights conferred on residents of
controls on the possession of weapons when passing                the Member States by Article 12 (2), and subject to
from one Member State to another, and does not affect             Article 15 (1), Member States may adopt in their
the right of Member States to take measures to prevent            weapons legislation provisions which are more stringent
illegal trade in weapons,                                         than those provided for in this Directive.
 ---pagebreak--- No C 265/8                            Official Journal of the European Communities                               20. 10. 90
                       CHAPTER 2                                                          Article 6
    Harmonization of legislation concerning firearms            Member States shall take all appropriate steps to prohibit
                                                                the acquisition and the possession of the firearms
                                                                classified in category A.
                         Article 4
                                                                                          Article 7
Each Member State shall make the pursuit of the activity
of dealer within its territory conditional upon author-          1. No one may acquire a firearm classified in category
ization. Examination of an application shall involve at         B within the territory of a Member State unless that
least a check on the good character and professional            Member State has so authorized him.
competence of the dealer or, in the case of a legal
person, of the person who directs the undertaking.
                                                                No such authorization may be given to a resident of
                                                                another Member State without the latter's prior
                                                                agreement; such agreement may be indicated by a
Each dealer must be required to keep a register in which        statement to that effect on a European firearms pass.
information concerning all firearms classified in
categories A, B or C received or disposed of by him shall
be recorded, including such particulars as enable the           2. No one may be in possession of a firearm classified
weapon to be identified, in particular the type, make,          in category B within the territory of a Member State
model, calibre and serial number thereof and the names          unless that Member State has so authorized him. If he is
and addresses of the supplier and the person acquiring          a resident of another Member State that other Member
the weapon. The Member States shall regularly check             State shall be informed accordingly.
dealers' compliance with this obligation.
                                                                3. An authorization to acquire and an authorization
                                                                to possess a firearm classified in category B may take the
                                                                form of a single administrative decision.
                         Article 5
Without prejudice to Article 3, Member States shall                                      Article 8
allow the acquisition and possession of firearms classified
in category B only by persons who have good cause and            1. No one may be in possession in a Member State of
who:                                                            a firearm classified in category C which that Member
                                                                State has not made subject to authorization unless he has
                                                                declared it to the authorities of that Member State.
(a) are 18 years old or more;
                                                                The Member States shall provide for the compulsory
                                                                declaration of all firearms classified in category C at
                                                                present held within their territories but not previously
(b) have the necessary mental and physical capacity;            declared within one year of the entry into force of the
                                                                national provisions transposing this Directive.
(c) are not likely to be a danger to public order or            2. Dealers shall inform the Member State in which it
     public safety.                                             takes place of every acquisition of a firearm classified in
                                                                category C except where that firearm is subject to auth-
                                                                orization. If the person acquiring such a firearm is a
                                                                resident of another Member State, that other Member
Without prejudice to Article 3, Member States shall             State shall be informed of the acquisition by the Member
allow the possession of firearms classified in category C       State in which it took place and by the person acquiring
only by persons satisfying the tests in points (a), (b) and     the firearm.
(c) of the first paragraph.
                                                                3. If a Member State prohibits the acquisition and
                                                                possession within its territory of a firearm classified in
Member States may not prohibit persons resident within          category C or D, it shall so inform the other Member
their territories from possessing a weapon purchased or         States, who shall expressly include a statement to that
acquired in another Member State unless they prohibit           effect on any European firearms pass they issue for such
the purchase or acquisition of the same weapon within           a firearm, with a view to the application of Article 12
their own territories.                                          (2).
 ---pagebreak--- 20. 10. 90                             Official Journal of the European Communities                             No C 265/9
                          Article 9                                   the number of firearms to be consigned or trans-
                                                                      ported,
1. Every Member State shall prohibit the handing over
of firearms classified in categories A, B or C within its
territory, by a dealer or by any other person, to any            — the particulars enabling the firearm to be identified,
person who is not a resident of that Member State.
                                                                      the means of transfer,
2. Notwithstanding paragraph 1 the handing over of a
firearm classified in category B or C to a person who is              the date of departure and the estimated date of
not resident in the Member State in question shall be                 arrival.
permitted, subject to compliance with the obligations laid
down in Articles 7 and 8:
                                                                 The Member State shall examine the conditions under
— where the person acquiring it has been authorized in           which the transfer is to be carried out, in particular with
     accordance with Article 11 himself to effect a transfer     regard to security.
    to his country of residence,
                                                                 Where the Member State authorizes such transfer, it
— where the person acquiring it submits a written
                                                                 shall issue a licence incorporating all the particulars
     declaration testifying to his intention to be in
                                                                 referred to in the first subparagraph. Such licence shall
    possession of the firearm in the Member State of
                                                                 accompany the firearm until it reaches its destination; it
     acquisition, provided that he fulfils the legal
                                                                 shall be produced whenever so required by the auth-
     conditions for possession in that Member State.
                                                                 orities of the Member States.
                          Article 10
                                                                 3. Each Member State may grant dealers the right to
No ammunition for a firearm may be handed over in a              effect transfers of firearms from its territory to another
Member State to a person who is not a resident of that           Member State or to a third country without the prior
Member State unless that person establishes by                   authorization referred to in paragraph 2. To that end it
producing a European firearms pass that he lawfully              shall issue a licence. The licence shall be valid for no
possesses a weapon of a calibre for which that                   more than three years and may at any time be suspended
ammunition is intended.                                          or cancelled by reasoned decision.
                                                                 A certified copy of the licence must accompany the
                        CHAPTER 3                                firearm until it reaches its destination; it must be
                                                                 produced whenever so required by the authorities of the
Formalities for the movement of arms within the                  Member States.
                         Community
                          Article 11                             This procedure may be used for transfer to a Member
                                                                 State only if the recipient is a dealer.
1. Firearms may, without prejudice to Article 12, be
transferred from one Member State to another, or to or
from a third country, only in accordance with the                Before transfer the dealer shall communicate to the auth-
procedure laid down in paragraphs 2 to 4 hereinafter.            orities of the Member State from which and the Member
These provisions shall also apply to transfers of firearms       State to which the transfer is to be effected all the
following a mail order sale.                                     particulars listed in the first subparagraph of paragraph
                                                                 2.
2. Where a firearm is to be transferred to another
Member State or to a third country, the person                   4. Each Member State may supply the other Member
concerned shall before it is taken there supply the              States with a list of firearms whose transfer to its
following particulars to the Member State in which such          territory may not be authorized without its prior
firearm is situated:                                             consent.
    the names and addresses of the person selling or
    disposing of the firearm and of the person purchasing        Such lists of firearms shall be communicated to dealers
    or acquiring it or, where appropriate, of the owner,         who have obtained licences to transfer firearms without
                                                                 prior authorization under the procedure laid down in
                                                                 paragraph 3; these dealers shall effect the transfers
    the address to which the firearm is to be consigned          referred to in paragraph 3 only after obtaining the prior
    or transported,                                              agreement of the Member State of destination.
 ---pagebreak---   No C 265/10                           Official Journal of the European Communities                                 20. 10. 90
  5.    Where a firearm is to be imported from a third              3.   Member States shall set up, by 31 December 1991
  country, the person concerned shall supply the Member            at the latest, a network for the exchange of information
  State of importation with all the particulars referred to in     for purposes of the application of this Article. They shall
  the first subparagraph of paragraph 2. Where it auth-            inform the other Member States and the Commission of
  orizes importation, the Member State of importation              the national authorities responsible for transmitting and
  shall issue an import licence. The import licence must           receiving information and for applying the formalities
  accompany the firearm until it reaches its destination; it       referred to in Article 11 (4).
  must be produced whenever so required by the authr
  orities of the Member States.
                                                                                            Article 14
                           Article 12
                                                                   Entry into the territory of a Member State with a firearm
  1.    If the procedure provided for in Article 11 is not         shall be prohibited except in the cases defined in Articles
 employed the possession of a firearm during a journey             11 and 12 and provided the conditions laid down therein
 through two or more Member States shall not be                    are met.
 permitted unless the person concerned has obtained the
 authorization of each of those Member States.
                                                                   Entry into the territory of a Member State with a
                                                                   weapon other than a firearm shall be prohibited unless
 Member States may grant such authorization for one or
                                                                   the national provisions of the Member State in question
 more journeys for a maximum period of one year,
                                                                   are complied with.
 subject to renewal. Such authorizations shall be entered
 on the European firearms pass which the traveller must
 produce whenever so required by the authorities of the
 Member States.                                                                            CHAPTER 4
 2.     Notwithstanding     paragraph     1, hunters      and                            Final provisions
 marksmen may without prior authorization be in
 possession of one or more firearms classified in
 categories C and D during a journey through two or                                         Article 15
 more Member States with a view to engaging in hunting
 or taking part in a target-shooting event provided that           1.    Member States shall, without prejudice to para-
 for each firearm they possess a European firearms pass           graphs 3 and 4, abstain from carrying out controls on
 and that they are able to substantiate the reasons for           the possession of weapons at internal Community
 their journey, in particular by producing an invitation.         frontiers from 31 December 1992 at the latest.
 However, this shall not apply to journeys to a Member
                                                                  2.     Member States shall intensify controls on the
 State which prohibits the acquisition and possession of
                                                                  possession of weapons at external Community frontiers.
the firearm in question; in that case an express statement
to that effect shall be entered on the European firearms
pass pursuant to Article 8 (3).
                                                                  They shall in particular ensure that travellers from third
                                                                  countries who intend to proceed to another Member
3.      Under agreements for the mutual recognition of            State comply with Article 12.
national documents two or more Member States may
provide for arrangements more flexible than those
prescribed in this Article for movement with firearms
                                                                  3.    This Directive shall not preclude the carrying out
within their territories.
                                                                  of controls by Member States or by the carrier at the
                                                                  time of boarding of a means of transport.
                          Article 13
 1.     Each Member State shall communicate all useful            4.    Member States shall inform the Commission of the
information at its disposal concerning definitive transfers       manner in which the controls referred to in paragraphs 2
of weapons to the Member State to the territory of                and 3 are carried out. The Commission shall collate this
which such a transfer has been effected.                          information and make it available to all Member States.
2.      All information that Member States receive by way
of the procedures laid down in Article 11 for transfers of                                 Article 16
firearms and in Articles 7 (2) and 8 (2) for the
acquisition and possession of firearms by non-residents          Member States shall render failure to comply with the
shall be communicated, before the relevant transfers             provisions of this Directive subject to the same criminal
begin, to the Member States of destination and, where            and administrative sanctions as failure to comply with
appropriate, to the Member States of transit.                    comparable national provisions.
 ---pagebreak--- 20. 10. 90                                Official Journal of the European Communities                                No C 265/11
The loss of a firearm, for whatever reason, shall auto-                They shall forthwith inform the Commission and the
matically result in the European firearms pass issued in               other Member States of the measures taken,
respect of that firearm being withdrawn.
                                                                       The provisions adopted pursuant to the first paragraph
                                                                       sna
                           Article 17                                      ^ m a k e express reference to this Directive.
Member States shall bring into force the laws, regu-                                              Article 18
lations and administrative provisions necessary to comply
with this Directive not later than 31 December 1991.                   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 weapons 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--- N o C 265/12                             Official Journal of the European Communities                                  20. 10. 90
                                                             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 auth-
                   orization.
 ---pagebreak--- 20. 10. 90                              Official Journal of the European Communities                                  No C 265/13
           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 pass
           The pass must include the following sections:
           (a) identity of the holder;
           (b) identification of the firearm;
           (c) period of validity of the pass;
           (d) section for use by the Member State issuing the pass (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 pass 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 pass'.
               For firearms in categories C and D, the following statement:
               'This pass confers no entidement 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 pass.
               However, prior authorization is not required for a journey with a view to engaging in hunting or
               taking part in.a target-shooting event, 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).'