46 Amendments of Virginie ROZIÈRE related to 2015/0269(COD)
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)
Article 1 – paragraph 1 – point 1 – point -a (new)
-a) Paragraph 1a of Article 1 of Directive No 91/477/EEC is deleted.
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1 b
Article 1 – paragraph 1 b
1b. For the purposes of this Directive, "essential component" shall mean any part essential to its operation, including the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted."
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1 f
Article 1 – paragraph 1 f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specificnot converted firearms and which are originally designed and constructed for the purpose of raicausing alarm or sending a signal and which are only designed to fire blanks, irritants, other active substanc sound or a flash effect by means of the firing of a charge and whose design is such as to exclude the shooting, or conversion for the purpose of shooting, of any projectile, with the exception of all real firearms that have been modified. The specific calibres of alarm and signal weapons shall exclusively be calibres for pyrotechnic ammunitionwhich a specific weapon exists designed specially and solely for firing blank, gas or tear gas cartridges with C.I.P. calibres only.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
"This filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintaine shall be maintained for an indefinite period until destruction of the firearm has been certified by the competent authorities."
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Each Member State shall ensure that the registries of the dealers and brokers established in their territory are connected to the single, central computerised data- filing system of firearms." The registration of a firearm's deactivation must include the date of deactivation, the firearm's type, manufacturer, model, calibre and serial number and the names and addresses of the person on whose behalf the deactivation was carried out.
Amendment 150 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation and registration by the Member State concerned and provided that those firearms have been deactivatedmeasures are in place in order to avoid any risk to public security or public order and that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorized access to such firearms.
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Member States may not prohibit persons resident within their territory from possessing a weapon acquired in another Member State unless they prohibit the acquisition of the same type of weapon within their own territory.
Amendment 175 #
Proposal for a directive
Recital 5
Recital 5
(5) Since cCollectors have been identified as a possible source of traffic of firearms, they should be covered by this Directivthe same rights as other users covered by Directive 91/477/EC and should therefore be included in its scope.
Amendment 179 #
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
The acquisition of any device designed or adapted to diminish the sound caused by firing a firearm must be subject to the requirement to present a property title for an arm.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – paragraph 1
Article 10b – paragraph 1
Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm orand the apposition of a clearly visible mark to that effect on theeach essential component of the deactivated firearm.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange information electronically on the authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7and refusals referred to in the above paragraphs 1 and 2 by way of a paperless and automated information exchange system at European level by [date] at the latest, and in conformity with Regulation (EU) 2016/... of the European Parliament and of the Council.
Amendment 233 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Transitional measures should be provided for some of the new measures introduced on firearms in category A in order to avoid problems of implementation.
Amendment 234 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) This Directive should not limit the practice of sport activities, for which Member States may permit strictly limited exemptions for reasons of sport training and competitions.
Amendment 247 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 285 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive 91/477/EEC and by maintaining them under the category to which they respectively belonged before their transformation. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 323 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, framechamber, loader, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 350 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunitionsignalling devices.
Amendment 354 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 365 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearmfirearm reproductions" shall mean objects that have the physical appearance of a firearm, but and are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustibled propellant.
Amendment 374 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 419 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 459 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 481 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 488 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the end of possession or transfer to another person. The current records relating to each firearm and the person possessing it shall be immediately accessible to all authorised authorities. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period after certified deactivation or destruction.
Amendment 502 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 552 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for a standard medical testsised suitability test, consisting of an evaluation of the physical and cognitive abilities and the psychological well-being of the person concerned, for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 572 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 598 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
In some strictly limited cases, Member States may, for the purposes of national defence, authorise certain reserve soldiers to hold such weapons. Such authorisations shall be accompanied with a retention obligation as defined in Article 10(b) and Member States shall impose a strict limit on the quantity of ammunition held.
Amendment 608 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 633 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control ofby the Member States. The acquisition of ammunition of firearms classified in categories A, B and C by means of distance communication shall be permitted only if the ammunition in question corresponds to firearms legally owned by the buyer. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 645 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 651 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
(6a) The following Article is inserted: "Article 6a Transitional measures Member States may allow firearms classified in category A6 or category A7 and legally acquired and registered before... (the date of the entry into force of this Amending Directive) to be: (a) kept by the legal owner under the storage condition referred to in Article 10ba; or (b) inherited; or (c) acquired by authorised bodies."
Amendment 679 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
7a) In Article 10, the following paragraph is added: 'Brokers and dealers may refuse any transaction for the acquisition of complete rounds of ammunition, or components of ammunition, which they reasonably consider suspicious owing to its nature or scale, and shall report it to the relevant authorities immediately.'
Amendment 699 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 91/477/EEC
Article 10 b a (new)
Article 10 b a (new)
(8a) The following Article is inserted: "Article 10ba Member States shall establish rules on the proper storage of firearms and ammunition to ensure that they are kept under supervision and stored in a secure way such as to minimise the risk of their being accessed by unauthorised persons. Firearms and their ammunition shall not be readily accessible together. Supervision in such cases shall mean that the person possessing the firearm or the ammunition has control over them and shall include, as a minimum, storage in a safe box when the firearm or ammunition is not in use. The level of scrutiny for the storage arrangements shall correspond to the category of the firearm concerned."
Amendment 710 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 769 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanismwith one or more of the following characteristics: (a) allowing the user to fire more than 11 rounds without reloading, if a magazine with a capacity exceeding 10 cartridges is connected to the firearm; (b) having a magazine holding more than 10 rounds; (c) long, but capable of being reduced to a length of less than 60cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools;
Amendment 785 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 786 #
Proposal for a directive
Article 1 – point 13 – point a – point i a (new)
Article 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 4
Annex I – part II – point A – category B – point 4
(ia) in category B, point 4 is replaced by the following: "4. Semi-automatic long firearms whose magazine and chamber can together hold more than three but fewer than 12 rounds."
Amendment 800 #
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms and which are not included in category A."
Amendment 805 #
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm under category B which has been converted to a salute and acoustic weapon."
Amendment 816 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.