35 Amendments of Andrey KOVATCHEV related to 2022/0288(COD)
Amendment 39 #
Proposal for a regulation
Recital 30
Recital 30
(30) To avoid risks of diversion while limiting the administrative burden, it is necessary to investigate suspicious situations in which Member States should request confirmation of receipt by the authorities of the third country of destination. If that confirmation of receipt cannot be obtained for any reason, that information should be recorded in the electronic licensing system for future reference.
Amendment 45 #
Proposal for a regulation
Recital 42
Recital 42
(42) The overall enforcement of this Regulation will 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 will 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 in the electronic licencing system before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system. Where national systems with the same or similar functionalities already exist, an interconnection between them and the electronic licencing system can be established, so that all granted import and export authorisations are available in one central database.
Amendment 46 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to set out the technical characteristics of semi-finished firearms and essential components, to amend Annex II and III to this Regulation and to maintain the list of firearms, their essential components , ammunition and alarm and signal weapons for which an authorisation is required under this Regulation, and to specify the conditions for the import and export of goods regulated by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/8743 and to Annex I to Directive (EU) 2021/555 and of setting out the technical characteristics of semi-finished firearms and essential components and of adapting Annex II and III to this Regulation to the digitalisation and changes in customs procedures and the laying down of the conditions for the import and export of firearms, their essential components and ammunition should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). 44 OJ L 123, 12.5.2016, p. 1.
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – paragraph 2 – point а a (new)
Article 2 – paragraph 1 – point 1 – paragraph 2 – point а a (new)
(aa) ‘personal data’ means personal data as defined in Article 4(1) of Regulation (EU) 2016/679.
Amendment 80 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation subject to the conditions set out in Article 6 of this Regulation.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. In case of diverging national practices, the Commission shall adopt implementing acts establishing an open list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.
Amendment 116 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued by electronic means, through the electronic licensing system referred to in Article 28.
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Competent authorities 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 shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28 immediately after those decisions are taken and no later than two working days thereafter.
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. The Commission shall adopt an implementing act to establish an Union general import authorisation and setting out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.Those. That implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 131 #
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except for fees for escorting feesthe consignment.
Amendment 148 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 149 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall adopt an implementing act to establish an Union general export authorisation and setting out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013. Thoseat implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.
Amendment 152 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. The exporter shall not be required to pay a fee or charge for the application for an export or intra-EU transit authorisation, except for fees for escorting feesthe consignment.
Amendment 160 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28. That obligation to make information available shall be without prejudice to any appeals procedure which may be applicable under national law.
Amendment 162 #
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 shall 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., immediately after that final assessment is made and no later than two working days thereafter.
Amendment 164 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be registered in the system referred to in Article 29, immediately after that final assessment is made and no later than two working days thereafter.
Amendment 168 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. The competent authority shall upload the proof of receipt referred in in paragraph 1 of this Article into the electronic licensing system referred to in Article 28. Where the competent authority does not obtain a proof of receipt from the exporter, it shall record that information in that electronic licencing system.
Amendment 169 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Where the competent authority is unable to obtain a confirmation of receipt by the importing third country as set out in paragraph 2 of this Article, it shall record that information in the electronic licencing system referred to in Article 28.
Amendment 179 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission, competent authorities and customs authorities shall cooperate closely and regularly exchange information.
Amendment 183 #
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 shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities without delay.
Amendment 188 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 3
Article 24 – paragraph 4 – subparagraph 3
Customs authorities may suspend the import of the goods for the customs procedure concerned, if they have certain reasonable doubts and in such a case, they shall inform immediately, through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 10 working days, then the customs authority shall release the goods without delay.
Amendment 191 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Where customs authorities discovers an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they shall without delay and no later than two working days from that discovery inform the competent authority in the country of the customs authority thereof. That competent authority shall:
Amendment 196 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, ammunition or alarm and signal weapons is detained. Where the competent authority of destination in the customs territory of the Union has taken such a decision, it shall communicate it to the customs authorities which discovered the illicit shipment, in writing no later than two working days from taking that decision.
Amendment 201 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. Seizure data shall include, ifwhere available, the following information:
Amendment 205 #
Proposal for a regulation
Article 25 – paragraph 3 – point ж
Article 25 – paragraph 3 – point ж
(g) the means of transport and the nationality of the transportation company or person, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’, along with, where applicable, the registration number of the means of transport used;
Amendment 207 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall confidentially submit via email to the Commission each year by 31 July, their national annual data for the preceding year on:
Amendment 219 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating to processing of personal data and exchange of data with other IT systems of Union bodies and Member State authorities competent for implementing this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.
Amendment 224 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.
Amendment 227 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.
Amendment 229 #
Proposal for a regulation
Article 31 – paragraph 1 – point б
Article 31 – paragraph 1 – point б
(b) establish that the import and export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction, without prejudice to Member State laws requiring a court order to exercise such power.
Amendment 231 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1 – introductory part
Article 34 – paragraph 2 – subparagraph 1 – introductory part
By six months after the entry into force of this Regulation at the latest, each Member State shall inform the other Member States and the Commission of
Amendment 232 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1 – point а
Article 34 – paragraph 2 – subparagraph 1 – point а
(aа) the national authority in every Member State responsible ofor the integral control of firearms and the coordination of the different authorities with competences in the fight against firearms trafficking (national firearms focal points);
Amendment 233 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
Based on that information, the Commission shall publish and update on its website a list of those authorities on a yearly basis,as and when changes occur.
Amendment 237 #
Proposal for a regulation
Article 35 – paragraph 1 – point а a (new)
Article 35 – paragraph 1 – point а a (new)
(aa) set out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013;
Amendment 240 #
Proposal for a regulation
Article 35 – paragraph 1 – point б a (new)
Article 35 – paragraph 1 – point б a (new)
(ba) and set out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.