Activities of Marcus PRETZELL related to 2015/0269(COD)
Plenary speeches (1)
Control of the acquisition and possession of weapons (debate) DE
Amendments (28)
Amendment 92 #
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 91/477/EEC17 established an accompanying measure for the internal market. It created askewed the balance between on the one hand the undertaking to ensure a certain freedom of movement for some firearms within the Union, and on the other the need to control this freedom using security guarantees suited to this type of product too far towards the latter imperative. __________________ 17 Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (OJ L 256, 13.9.1991, p. 51).
Amendment 100 #
Proposal for a directive
Recital 2
Recital 2
(2) 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,Given that none of the firearms to which holders of firearms licences, e.g. hunters, members of amateur shooting clubs, etc., have access has ever been used in a terrorist attack, the efforts to prevent future terrorist acts must focus on remedying shortcomings in the implementation of Directive 91/477/EEC. This is how the 'European Agenda on Security' adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 calleding for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminalsmust be understood.
Amendment 105 #
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvementcould be improved further with a view to achieving the objectives referred to under (2).
Amendment 155 #
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 or obtaining 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.;
Amendment 176 #
Proposal for a directive
Recital 5
Recital 5
(5) SinceIf collectors have been identified asrepresent a possible source of traffic of firearms, they should be covered by this Directive.
Amendment 180 #
Proposal for a directive
Recital 6
Recital 6
(6) SinceIf brokers provide services similar to those of dealers, they should also be covered by this Directive.
Amendment 210 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, theyit is recommended that Member States should be registered them in national registries.
Amendment 223 #
Proposal for a directive
Recital 9
Recital 9
(9) SomeOwners of semi-automatic firearms which 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. Such semi-automatic weapons should or which have a very high capacity regarding the number of rounds should be registered in the refore be banned for civilian usespective Member States.
Amendment 235 #
Proposal for a directive
Recital 10
Recital 10
Amendment 246 #
Proposal for a directive
Recital 11
Recital 11
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them should be kept for an indeterminate period of timit may be worthwhile for Member States to keep records of arms beyond their life until destruction is certified.
Amendment 269 #
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 asBoth the seller and the buyer of arms and their components must present to the agencies responsible for registering they are more difficult to controlms evidence of the thran the conventional selling methods, especially as regards the on line verification of the legality of authorisasaction and its legality, which both must do by supplying all particulars of the arms and personal particulars relevant to this transactions. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealerThis particularly applies also to sales by means of distance communication, notably internet, so that on-line verification of the lawfulness of the approvals cand brokerse performed.
Amendment 280 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk ofor 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. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order , manufacturers' guidelines containing technical specifications should be drawn up and made binding, making it impossible for them to be converted into gensure that they cannot be converted into firearmuine firearms and thus misused for criminal purposes.
Amendment 290 #
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 Commission's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of informationexceptional cases, for example in order to ascertain responsibility for terrorist attacks, to prevent them or to detect preparatory actions, the competent bodies of the Member States may, where there are reasonable grounds for suspicion, request access to the arms registers of other Member States.
Amendment 296 #
Proposal for a directive
Recital 15
Recital 15
Amendment 300 #
Proposal for a directive
Recital 16
Recital 16
Amendment 303 #
Proposal for a directive
Recital 18
Recital 18
(18) SinceIf the objectives of this Directive cannot be sufficiently achieved by the individual Member States, but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union maythe Member State may ask the European Union to adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 333 #
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, lending, leasing 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 parts and ammunition.
Amendment 491 #
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 each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person brokering, acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 496 #
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 subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm 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, borrowing, leasing or acquiring it.
Amendment 505 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EWG
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least 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. The Member State concerned may at any time extend it to field representatives.
Amendment 569 #
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 weapon acquired in another Member State unless– if they prohibit the acquisition of the same weapon within their own territory, – if the guidelines for the examination of persons in the other Member State are not comparable to those in the Member State imposing the prohibition.
Amendment 593 #
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 prohibitcontrol the acquisition and the possession of the firearms and ammunition classified in category A and to drestroy those firearms and ammunition held in violation of this provision and seizederve those entitlements to persons who invariably make use of such firearms and the requisite ammunition in a responsible and, in all probability, safe way.
Amendment 613 #
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 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).
Amendment 640 #
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 of the Member States concerned.
Amendment 687 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
Amendment 694 #
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 makemay make their own arrangements for thesuch deactivation of firearms as might have become necessary to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperableof the Member State concerned. 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 or the apposition of a clearly visible mark to that effect on the firearm.
Amendment 698 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 2
Article 10 b – paragraph 2
The Commission shall adopt deactivation standards and techniques to ensure that deactivated firearms are rendered irreversibly inoperable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2). The enforcement of the deactivation standards shall be the responsibility of the Member State concerned.
Amendment 711 #
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 shallmay exchange information on the authorisations granted for the transfers of firearms to another Member State as well asnd may request information with regard to refusals to grant authorisations as defined in Article 7. , provided that a reasonable suspicion has been found to exist and the information in question may be of use in the detection, prevention, or investigation of crimes or terrorist acts.