36 Amendments of Marlene MIZZI related to 2015/0269(COD)
Amendment 102 #
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement in order to help Member States tackle cross- border illegal arms trafficking for criminal or terrorist purposes whilst also taking into account the proportionality principle when it comes to persons that lawfully acquire or possess a firearm for legal purposes such as shooting sports, hunting and collectors.
Amendment 149 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies and collectors 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 by the Member State concerned and provided that those firearms have been deactivated. or, if they are exempt from deactivation on necessary educational, cultural, research and historical grounds or for national defence purposes, provided that stricter rules for authorisation and safekeeping are complied with.
Amendment 170 #
Proposal for a directive
Recital 5
Recital 5
Amendment 178 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States shall ensure that minimum criteria for safe storage and secure premises for firearms or ammunition are respected so that any person that lawfully acquires or possess a firearm is granted a license on the condition that the approved firearms and ammunition are kept locked safely and separately within such premises and that such firearms be kept unloaded.
Amendment 188 #
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Thosereactivated illegally. Stricter rules should also apply to firearms of that category even after theythat have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearmsto safeguard public security and safety.
Amendment 209 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearmsall firearms covered by this Directive, they should be registered in national registries that need to be interlinked at a European level to facilitate the cross-border exchange of information between all Member States.
Amendment 226 #
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is exceptionally high. Such semi-automatic weapons should therefore be banned fo object to stricter rules in order to better control and restrict their civilian use.
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 256 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their essential components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methodif not monitored properly by the competent authorities of the Member States, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit thecontrol more efficiently selling of firearms and essential components by means of distance communication, notably internet, to dealers and brokersregistered brokers, so that the actual handing over of the firearm, essential component or ammunition is done at the premises of and by a dealer, broker, local police station or another body authorised under the national law of the Member State concerned.
Amendment 271 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Activities of an authorised dealers and brokers, falling under the scope of this Directive, should include purchase, sale, importation, export, display, assembly, modification, conversion, maintenance, storage, transportation, shipping, distribution, delivery, exchange or hiring of any firearms and essential components of firearms. Dealers and brokers should sell, transfer or deliver firearm and essential components only to persons who hold an adequate authorisation or licence, should keep a record of their sales and should inform the competent authorities of the Member States of any sale, transfer or delivery.
Amendment 321 #
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, frame, receiver, slide or cylinder, bolt or breaech block, magazine and any other device designed or adapted to diminish the sound caused by firing a firearmin such a way that the firearm cannot discharge any shot, bullet or missile, and which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 334 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parincluding their essential components and ammunition.
Amendment 335 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, "collector" shall mean any natural or legal person, other than a dealer or broker, who is dedicated to the conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes, and who as such is licensed and registered in a public registry in the relevant Member State to acquire, keep or possess firearms, their essential components and ammunition. A collector shall not transport or publicly display firearms from his collection or from a part thereof without a permit from the relevant competent authorities of the Member States."
Amendment 342 #
Proposal for a directive
Article 1 – point 1 – point b b (new)
Article 1 – point 1 – point b b (new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
Article 1 – paragraph 1e b (new)
(bb) The following paragraph is inserted: "1eb. For the purposes of this Directive, "museums" shall mean permanent institutions in the service of society and its development, open to the public, which acquire, conserve, research and exhibit firearms, essential components thereof and ammunition for the purpose of gathering, conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes."
Amendment 377 #
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 thatwhich have been modified with the purpose of rendering themrendered and certified as permanently unfit for use by deactivation, ensuring that all essential parts 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 379 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Directive, "dealer" shall mean any natural or legal person, other than a broker, whose trade or business consists wholly or partly in any of the following:
Amendment 380 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point i
Article 1 – paragraph 2 – point i
(i) the manufacture, trade, exchange, hiring out, repairpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of fully assembled firearms;
Amendment 384 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of parpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of essential components of firearms;
Amendment 394 #
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
(iii) the manufacture, trade, exchangpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of ammunition.
Amendment 399 #
Proposal for a directive
Article 1 – point 1 – point d a (new)
Article 1 – point 1 – point d a (new)
(da) In paragraph 2, the following subparagraph is added: "No dealer, broker or other person shall sell or otherwise deal in, dispose or transfer under any title whatsoever any firearms, essential components or ammunition, without a licence or authorisation from the competent authorities of the Member States where it is established."
Amendment 417 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 501 #
Proposal for a directive
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 91/477/EEC
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
(4a) In Article 4, the following paragraph is inserted: "4a. No dealer or broker shall sell, transfer or deliver any firearms, essential components or ammunition to another person who does not hold a licence or authorisation for such firearm or ammunition."
Amendment 517 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 3, Member States shall permit or authorise the acquisition and possession of firearms only by persons who have good cause and who:
Amendment 523 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession, of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have the consent of the person having legal authority, have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 543 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall lay down proportionate rules on safe storage and secure premises to ensure that the grant of a licence to any person lawfully acquiring or possessing a firearm or ammunition is subject to the condition that the approved firearms and ammunition are to be kept locked safely and separately within such premises and that such firearms are to be kept in an unloaded state.
Amendment 554 #
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 standard medthe possibility of medical or psychological tests for issuing or renewing authorisations as referred to in paragraph 1 to establish that a person's state of physical or mental health is not such as to be incompatible with possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 583 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms, essential components and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provison and seized. , unless such firearms are deactivated or unless such possession or intended use has been authorised by the competent authorities in exceptional cases, for national defence, educational, cultural, research and historical purposes and where this is not contrary to public security or public order.
Amendment 585 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 600 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise museums, licensed collectors or similar institutions and 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 they have been registered with the competent authorities of the Member State.
Amendment 631 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
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 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 770 #
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 mechanismith magazines capable of holding more than 20 rounds;
Amendment 780 #
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
Annex I – part II – point A – category A – point 8