Michal Zeman v Krajské riaditeľstvo Policajného zboru v Žiline.
Date: 2014-09-04
39. Thirdly, it must be pointed out that, under the heading ‘Freedom of movement and of residence’, Article 45 of the Charter, relied on by Mr Zeman and referred to by the referring court in its first question, gives ‘[e]very citizen of the Union … the right to move and reside freely within the territory of the Member States’. In accordance with the Explanations on the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), the right guaranteed by Article 45(1) is the right guaranteed by Article 20(2), first subparagraph, (a) TFEU, which right, in accordance with the second subparagraph of Article 20(2) TFEU, is to be exercised under the conditions and within the limits defined by the Treaties and by the measures adopted pursuant thereto. In so far as Directive 91/477 also concerns the free movement of the holders of firearms, in particular hunters and sport shooters, it constitutes such a measure. Accordingly, it is appropriate to answer the first question in the light of Directive 91/477 alone.
42. In that regard, it must be borne in mind that, in accordance with the second, third and fourth recitals in the preamble to Directive 91/477, that directive was adopted with the aim of establishing the internal market and the abolition of controls on the safety of objects transported and on persons entails, among other things, the approximation of weapons legislation.
43. In that context, the European Union legislature took the view that the abolition of controls on the possession of weapons at intra-Community frontiers necessitated the adoption of effective rules enabling controls to be carried out within Member States on the acquisition and possession of firearms and on their transfer to another Member State.
52. In addition, it must be noted that Article 1(4) of Directive 91/477 refers to Annex II thereto, which details the information which the European firearms pass must contain. In accordance with Annex II, the pass must include the statement: ‘The prior authorisation referred to above is not in principle necessary in order to travel with a firearm in categories C or D with a view to engaging in hunting or with a firearm in categories B, C or D for the purpose of taking part in target shooting, on condition that the traveller is in possession of the [European] firearms pass and can establish the reason for the journey’. It follows therefrom that Article 1(4) of the directive, read in conjunction with Article 12(2) thereof, is intended mainly to facilitate the transport of weapons used for hunting or sporting purposes.
57. Similarly, recital 14 in the preamble to Directive 2008/51, like the second recital in the preamble to Recommendation 93/216 confirm that the purpose of the introduction of the European firearms pass was to facilitate the free movement of hunters and sport shooters in possession of their weapons from one Member State to another to the extent strictly necessary to achieve that objective.
58. Moreover, it must be borne in mind that, in accordance with the settled case-law of the Court, EU legislation must, so far as possible, be interpreted in a manner that is consistent with international law, in particular where its provisions are intended specifically to give effect to an international agreement concluded by the European Union (see, inter alia, judgments in Bettati , C‑341/95, EU:C:1998:353, paragraph 20; SGAE , C‑306/05, EU:C:2006:764, paragraph 35; Peek & Cloppenburg , C‑456/06, EU:C:2008:232, paragraphs 29 to 32, and Donner , C‑5/11, EU:C:2012:370, paragraph 23).