34 Amendments of Miroslav POCHE related to 2015/0269(COD)
Amendment 115 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 128 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 134 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities.
Amendment 140 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
Amendment 167 #
Proposal for a directive
Recital 5
Recital 5
Amendment 185 #
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, dDeactivated firearms should not 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. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 195 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, various scientific, technical or testing activities, or self-defence and re-enactment of historical events, filmmaking or historical study can constitute good cause.
Amendment 207 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivatedfirearms and essential components and to facilitate their firearms, they should be registered in national registriese movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably at the time of their being manufactured or imported, unless the firearm has been deactivated in accordance with that Directive.
Amendment 229 #
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 There is a risk that any firearms converted to firing blanks, irritants, other absective substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain in the categories in which they were classified prior to their conversion.
Amendment 306 #
Proposal for a directive
Article 1 – point -a a (new)
Article 1 – point -a a (new)
Directive 91/477/EEC
Article 1 – paragraph 1a
Article 1 – paragraph 1a
Amendment 312 #
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, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other locking and cartridge-head supporting 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 362 #
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
Amendment 387 #
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, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 410 #
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 forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 425 #
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 assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 449 #
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 firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, 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 471 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the United Nations Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 475 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted to semi-automatic firearms, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 512 #
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
Amendment 539 #
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 of firearms, their essential components 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.
Amendment 582 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), 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. A competent authority of a Member State may under strict conditions grant authorisation for such firearms and ammunition provided that there is a legitimate purpose and provided that such authorisation is not contrary to public security, public order or national defence.
Amendment 606 #
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 recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 676 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10
Article 10
(7a) Article 10 is replaced by the following: "The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition is intended." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:01991L0477- The acquisition and possession of ammunition shall be permitted only for persons who are allowed to possess a firearm of a respective category." Or. en 20080728&from=CS)
Amendment 707 #
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 purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on 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. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 716 #
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 refusalsor refused for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by ... [24 months after publication of this Amending Directive in the Official Journal of the European Union].
Amendment 750 #
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 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms, provided that the technical conversion procedure was not previously authorised by a relevant authority of a Member State and provided that the converted firearm in question was inspected and marked;
Amendment 772 #
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
7. Semi-automatic firearms for civilian use which resemble weapons withwhich have been converted into automatic mechanisfirearms;
Amendment 782 #
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
8. FAny firearms under points 1 to 3 and 6 to 7 after having been deactivatedconverted to firing blanks, irritants, other active substances or pyrotechnical ammunition.
Amendment 793 #
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
Amendment 803 #
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 previously classified under points 1 to 7 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition."
Amendment 812 #
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. Alny firearm aund signal weapons, salute and acoustic weapons as well as replicas; er points 1 to 4 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition;
Amendment 821 #
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
Amendment 825 #
Proposal for a directive
Article 1 – point 13 - point a - indent iii a (new)
Article 1 – point 13 - point a - indent iii a (new)
Amendment 833 #
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – Part III – point a
Annex I – Part III – point a
(a) point (a) is deletedreplaced by the following: "(a) have been rendered 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 modification in a way that would permit the firearm to be reactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1); or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2); or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible; or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Member State or placed on the market by a dealer or broker";