22 Amendments of Christel SCHALDEMOSE related to 2015/0269(COD)
Amendment 150 #
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 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 and registration by the Member State concerned and provided that those firearms have been deactivatedmeasures are in place in order to avoid any risk to public security or public order and that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorized access to such firearms.
Amendment 175 #
Proposal for a directive
Recital 5
Recital 5
(5) Since cCollectors have been identified as a possible source of traffic of firearms, they should be covered by this Directivthe same rights as other users covered by Directive 91/477/EC and should therefore be included in its scope.
Amendment 233 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Transitional measures should be provided for some of the new measures introduced on firearms in category A in order to avoid problems of implementation.
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 262 #
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 toshould be subject to strict control thanby the conventional selling methods, especially as regards the on lineMember States and should be permitted only where there is verification of the legalidentity of authorisations. It is therefore appropriate to limitthe parties concerned, of the srelling of arms and components by means of distance coevant firearms, components or ammunication, notably internet, to dealers and brokersand of the parties’ right to enter into the transaction.
Amendment 365 #
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
1h. For the purposes of this Directive, "replica firearmfirearm reproductions" shall mean objects that have the physical appearance of a firearm, but and are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustibled propellant.
Amendment 374 #
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 376 #
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 thainto which a slot haves been modified with the purpose of rendering them permanently unfit for use by deactivationcut along their full length, with the exception of the stock and butt, 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 419 #
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 partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 481 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) 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.
Amendment 488 #
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 at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's 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 theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the 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. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period after certified deactivation or destruction.
Amendment 529 #
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 564 #
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 shallmay provide for standard medical tests 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 was granted is no longer met.
Amendment 572 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
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 withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 608 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
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), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 635 #
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 Statessubject to strict control by the Member States and shall be authorised only where there is verification of the identity of the parties concerned, of the relevant firearms, components or ammunition, and of the parties’ right to enter into the transaction.
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 651 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
(6a) The following Article is inserted: "Article 6a Transitional measures Member States may allow firearms classified in category A6 or category A7 and legally acquired and registered before... (the date of the entry into force of this Amending Directive) to be: (a) kept by the legal owner under the storage condition referred to in Article 10ba; or (b) inherited; or (c) acquired by authorised bodies."
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].