Activities of Patricia CHAGNON related to 2022/0288(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on import, export and transit measures for firearms, their essential components and ammunition, implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (recast)
Amendments (24)
Amendment 39 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation does not affect the application of Article 346 of the Treaty on the Functioning of the European Union, which refers to essential interests of the security of the Member States, nor has this Regulation any impact on Directive 2009/43/EC of the European Parliament and of the Council or. In line with the administrative simplification procedures laid down in Articles 10 and 17 of this Regulation, Member States are required to implement the European Firearms Pass system, in accordance with Directive (EU) 2021/555 . Moreover, the UN Firearms Protocol, and consequently this Regulation, do not apply to State-to-State transactions or to State transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
Amendment 40 #
Proposal for a regulation
Recital 29
Recital 29
(29) It is necessary to ensure that the conditions of export authorisations continue to be met throughout the duration of the authorisation, as it is the case for authorisations to possess or acquire a firearm inside the European Union pursuant to Directive (EU) 2021/555fall under the exclusive competence of the Member States and continue to be met throughout the duration of the authorisation.
Amendment 41 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should provide access to the European Criminal Records Information System (ECRIS) to the competent authorities for the purpose of the implementation of this Regulation, and they should have available the human and material resources needed for this task.
Amendment 43 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to ensure the traceability of firearms, their essential components and ammunition, it is of the utmost importancet that customs are granted access to the secure information exchange network application (SIENA) of Europol. Member States that apply the Regulation (EU) 2016/794 of the European Parliament and the Council37should grant this access. _________________ 37 Council Regulation (EU) 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114)
Amendment 46 #
Proposal for a regulation
Recital 40
Recital 40
(40) To guarantee the effective flow of information, competent authorities shof the Member States could all be connected to the Customs Information System (the ‘CIS’) established by Regulation (EC) No 515/97, and the data produced or exchanged by competent authorities shcould be compatible and comparable.
Amendment 50 #
Proposal for a regulation
Recital 42
Recital 42
(42) The overall enforcement of this Regulation willcould be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system willcould provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons. They will need to register before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications willmust not be required to register in the system.
Amendment 57 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – introductory part
Article 9 – paragraph 5 – subparagraph 1 – introductory part
Amendment 61 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – point c
Article 9 – paragraph 5 – subparagraph 1 – point c
(c) the firearm to be imported was declared lost, stolen or otherwise sought for seizure in the relevant EU, national or international databasdatabases shared by the Member States.
Amendment 62 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. CThe competent authorities of the Member States shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shallmay make this information available to the customs authorities through the electronic licensing system referred to in Article 28of the Member States and inform the Commission, the European Parliament and the Council through diplomatic channels.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds, such as firework rockets, and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;
Amendment 77 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the competent authorities have suspended an export authorisation, their final assessment shallmay be communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28, the European Commission, the European Parliament and the Council at the end of the period of suspension, through diplomatic channels.
Amendment 89 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The European Commission, competent authorities and customs authorities shallthe European Parliament, the Council, the competent authorities of the Member States and the customs authorities of the Member States may cooperate closely and exchange information.
Amendment 92 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weapons shallmay be exchanged and processed between customs authorities and the Commission in accordance with: Between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013the customs authorities of the Member States; and
Amendment 93 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shallmay in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities of the Member States.
Amendment 96 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point a
Article 25 – paragraph 1 – subparagraph 1 – point a
(a) without delay, inform the competent authority of destination in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons;
Amendment 97 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b
Article 25 – paragraph 1 – subparagraph 1 – point b
(b) in case of intra-EU transit or external-transit, without delay inform the competent authority of the Member State of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons.
Amendment 99 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In case of suspicion of trafficking of firearms, their essential components, ammunition or alarm and signal weapons, the information related to firearms, their essential components and ammunition seized during customs controls shallmay be shared by the customs authority of the Member State with the competent authorities referred to in Article 34(2) of this Regulationof the other Member States through Europol’s Secure Information Exchange Network Application.
Amendment 100 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. Seizure data shallmay include, if available, the following information:
Amendment 103 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. CThe customs authorities shallof the Member States may, by any electronic means established for that purpose in accordance with applicable customs legislation, share the appropriate risk information and risk analysis results in relation to trafficking of firearms, their essential components and ammunition, in accordance with obligations set in Article 46 (5) of Regulation (EU) No 952/2013.
Amendment 104 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In accordance with their national law or practice in force, Member States shall keep, for not less than 20 years, all information relating to firearms and, their essential components and ammunition, which is necessary to trace and identify those firearms, their essential components and ammunition, and to prevent and detect illegal trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including the unique marking referred to in Article 4 of Directive (EU) 2021/555 .
Amendment 106 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shallmay confidentially submit via email to the Commission each year by 31 Julyto the European Commission, the European Parliament and the Council, via diplomatic channels, their national annual data for the preceding year on:
Amendment 116 #
Amendment 123 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission, in consultation with the Coordination Group established by Article 33European Parliament and the Council, shall develop or chose a secure and encrypted system to support direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations.
Amendment 124 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall, by means of implementing actsafter consulting the European Parliament and the Council, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) of this Regulation.