Activities of Pascal DURAND related to 2015/0269(COD)
Legal basis opinions (0)
Amendments (51)
Amendment 96 #
Proposal for a directive
Recital 2
Recital 2
(2) ADirective 91/477/EEC included an obligation on the Commission to submit a report on the situation resulting from the application of that Directive by 28 July 2015, accompanied, if appropriate, by proposals. Furthermore, as a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rules, the "European Agenda on Security" adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 154 #
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons andMuseums 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 deactivatedto strict conditions of storage.
Amendment 181 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) A definition of antique weapons should be included in Directive 91/477/EEC.
Amendment 224 #
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 high or when they present other technical characteristics such as their length or the calibre of the barrel. High-capacity magazines may also be very dangerous. Such semi-automatic weapons should therefore be banned for civilian use.
Amendment 248 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The absence of appropriate storage and supervision of firearms by their legal owners present particular risks and therefore common rules should be established to ensure a high level of security.
Amendment 249 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The physical, cognitive and psychological ability to possess a firearm should be verified at least at the moment of the acquisition, and carefully monitored thereafter via continuous or periodical medical tests.
Amendment 250 #
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) Payments in cash for the acquisition of firearms, essential components or ammunition complicate their traceability and can contribute to illicit trafficking and money laundering, and therefore they should be prohibited.
Amendment 257 #
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersensure that the conditions for purchasing firearms, essential components and ammunition by means of distance communication, notably internet, by legal or natural persons other than dealers and brokers allow a face-to-face verification at the time of delivery of at least the identity of the recipients and their right to acquire a firearm by the dealer or broker or by a public authority representative.
Amendment 272 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Additional security measures should be adopted in order to reduce the risks and consequences linked to the possession of firearms. In particular, a transitional period between the date of transaction and the date of delivery would contribute to avoid impulsive purchases of firearms by individuals subject to temporary mental disorder and allow for checking that all the conditions linked to the acquisition and possession of a firearm are fulfilled by the recipients. Furthermore, there should be an obligation to possess an insurance policy covering possible damages linked to the use of firearms.
Amendment 276 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Brokers and dealers should refuse any transactions if they have reasonable reasons to suspect that the recipients do not fulfil the applicable conditions for acquisition of a firearm. In particular, the fact of not being likely to be a danger to themselves or others, to public order or to public safety, may be difficult to establish even when the recipients can demonstrate that they have been subject to medical checks in the past. Similarly, elements such as quantities uncommon for private use, unusual payment methods, or if the recipients appear unfamiliar with the use of the ammunition, can indicate that the transaction present an unacceptable risk and thereby justify a refusal. This provision should not be used to allow any discrimination as regards characteristics of the recipients such as their nationality, group of origin or religious beliefs.
Amendment 292 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commissestablish an Union computerized data exchange platform to support such exchange of information, allowing Member States to exchange information as regards elements contributing to enhance security, such as their national legislation and practices, authorization's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchand refusals for the transfer of firearms, lists of authorized dealers and brokers, existing stocks, confiscated firearms or natural or legal persons involved in illicit traffickinge of informationfirearms.
Amendment 297 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a system of exchange of information on authorisations granted and on refusalsestablishing an Union computerized data-exchange platform. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 324 #
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, frameloader, chamber, frame, body, receiver, slide or cylinder, bolt or breaech 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 328 #
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, or partnership resident in a Member State, other than a dealer or the buyer, whose trade or business consists, wholly or partly, in buying, selling or arranging the transferfacilitating, whether or not in exchange for a payment, the negotiation or organisation of transactions for the purpose of buying, selling or arranging the transfer of firearms, essential components or ammunition within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms,, from a Member State to a third country or from a their parts and ammunitiond country to a Member State.
Amendment 340 #
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, 'museum' shall mean a not-for-profit, permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches and exhibits firearms, parts of firearms and ammunition for the purpose of education, study and enjoyment."
Amendment 349 #
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 andor construcverted for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunition.
Amendment 355 #
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 375 #
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 378 #
Proposal for a directive
Article 1 – point 1 – point c a (new)
Article 1 – point 1 – point c a (new)
Directive 91/477/EEC
Article 1 – paragraph 1i a (new)
Article 1 – paragraph 1i a (new)
(ca) The following paragraph is added: "1ia. For the purposes of this Directive, 'antique weapons' shall mean either any firearms manufactured before 1870, or any firearm defined as such by a Member State according to technical criteria."
Amendment 382 #
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, repair, modification or conversion of firearms;
Amendment 391 #
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, modification or conversion of parts of firearms;
Amendment 397 #
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 iii
Article 1 – paragraph 2 – point iii
(iii) the manufacture, trade, exchange, modification, loading or conversion of ammunition.
Amendment 416 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the or public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of warregulated by Directive 2009/43/EC.
Amendment 420 #
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 partand essential component thereof placed on the market hasve been marked in a clear and indelible way and registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt technical specifications for the marking.
Amendment 451 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearmfirearm and the essential components thereof, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the brand, the model, the calibre, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 461 #
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
The marking shall be affixed to the receiverall essential components of the firearm.
Amendment 486 #
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 filing system shall record eachall information which is needed in order to trace and identify the 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 firearmsand all the essential components thereof, including the 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 the person acquiring or possessing the firearm and its essential components, including the dates of acquisition and 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. The record of firearms and of all the essential components thereof, including deactivated firearms, shall be maintained in an electronically retrievable format until destruction of the firearm has been certified by the competent authorities.
Amendment 495 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms and all essential components thereof subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm and all essential components thereof to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplying and acquiring it.
Amendment 499 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 4 (new)
Article 4 – paragraph 4 – subparagraph 4 (new)
Each Member State shall ensure that the registries of the dealers and brokers established in their territory are connected to the computerised data-filing system of firearms and all essential components thereof.
Amendment 503 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1 – introductory part
Article 4b – paragraph 1 – introductory part
1. Member States shall establish a system for the regulation of the activities of brokers and dealers. Such a system mayshall include one or more of the following measures:
Amendment 528 #
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 544 #
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 establish rules on appropriate storage and supervision of firearms, essential components thereof and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned. Such rules shall stipulate that: (a) firearms and ammunition are to be stored separately from each other; (b) the firearm, the essential components thereof and the ammunition are to be stored in a safe box when they are not in use; and (c) the person possessing the firearm, the essential components thereof and the ammunition must have control over them.
Amendment 555 #
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 medical testsestablish a monitoring system, including medical checks of the physical, cognitive and psychological ability of the person concerned to possess a firearm, which may be carried out on a continuous or periodic basis, 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 571 #
Proposal for a directive
Article 1 – point 6
Article 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 weaponfirearm acquired in another Member State unless they prohibit the acquisition of the same weapontype of firearm within their own territory.
Amendment 577 #
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 prohibit payment in cash as regards the acquisition of firearms, essential components and ammunition.
Amendment 610 #
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 bodies concerned with the cultural and historical aspects of weapons and recognmuseums established as such by the Member State in whose territory they are establishedin their territories to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Amending Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), subject to strict conditions of storage.
Amendment 624 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Member States may, by way of derogation, grant authorisations for the possession of firearms, essential components thereof and ammunitions from category A where this is necessary for national security, subject to strict conditions of storage.
Amendment 628 #
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, of essential components thereof and of their ammunition concerning categories AB, BC and CD 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, subject to strict control by the Member States, only with respect to: (a) dealers and brokers and shall be subject to the strict control of the Member States, or (b) other legal or natural persons, provided the delivery is done in person by means of a physical handover and under conditions allowing for verification by an authorised dealer or broker or by a public authority representative of the identity of the recipient and of his or her right to acquire the firearm, its essential components or its ammunition. (*) 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 644 #
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 shall regulate the acquisition of firearms classified in categories B and C in such a way that a period of one month must elapse between the date of the transaction and the date of delivery. During that period, the competent authorities shall verify that the transaction complies with the provisions of Article 5 and of this Article.
Amendment 647 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
Member States shall make the acquisition of firearms subject to the possession by the purchaser of an insurance policy covering any damage which they may cause.
Amendment 664 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
The maximum limits shall not exceed five yearsduration of an authorisation shall not exceed five years, unless Member States have implemented a system of continuous monitoring as referred to in the first subparagraph of Article 5(2). The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.
Amendment 681 #
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: "Member States shall ensure that brokers and dealers: (a) refuse to enter into any transaction for the acquisition of firearms, essential components thereof or ammunition which they reasonably consider not to be in compliance with Articles 5 and 6, and (b) report any attempted such transaction to the competent authorities."
Amendment 695 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 1
Article 10 b – 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 orand record attesting to the deactivation of the firearm orand the apposition of a clearly visible mark to that effect on the firearm.
Amendment 705 #
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. The competent authorities of the Member States shall exchange information on theCommission shall establish and maintain a Union computerised data- exchange platform to be operational by [...]. The competent authorities of the Member States shall exchange information via that platform with regard to, inter alia: - their national legislation and practices, including their application of Articles 5 and 6; - 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 7. ; - refusals to grant an authorisation as provided for in Article 7; - the dealers and brokers authorised on their territories; - existing stocks on their territories; - firearms confiscated on their territories; and - natural or legal persons involved in the illicit trafficking of firearms.
Amendment 720 #
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 refusalsand functionalities of the Union computerised data-exchange platform referred to in paragraph 4 of this Article. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 729 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive and on the implementing acts on deactivation, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to marking and to new technologies such as 3D printing and the utilisation of QR code. The first report shall be submitted by ... [two years after the date of entry into force of this Directive].
Amendment 768 #
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 mechanisms; with one or more of the following characteristics: (a) equipped or capable of being equipped with a firing capacity exceeding six rounds without reloading; (b) long, but capable of being reduced to a length of less than 60 cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools; (c) possessing a rifled barrel firing projectiles the diameter of which exceeds 12.7 mm; (d) possessing a smooth barrel with a calibre in excess of 8; e) having a magazine with a capacity exceeding 10 rounds;
Amendment 787 #
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 seven rounds."
Amendment 802 #
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 other than those listed under point 7 of category A."
Amendment 806 #
Proposal for a directive
Article 1 – point 13 – point a – point ii (new)
Article 1 – point 13 – point a – point ii (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. Firearms under points 1 to 7 after having been deactivated."
Amendment 824 #
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 6
Annex I – part II – point A – category C – point 6
6. Firearms under category B and points 1 to 5 of this category C, after having been deactivated.