amendment list, 9 September 2026
Combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council
Document LIBE-AM-792103 · (COM(2026)0102 – 2026/0059(COD))
Committee on Civil Liberties, Justice and Home Affairs
Full text
Jump to an amendment (221)
- Amendment 111
- Amendment 112
- Amendment 113
- Amendment 114
- Amendment 115
- Amendment 116
- Amendment 117
- Amendment 118
- Amendment 119
- Amendment 120
- Amendment 121
- Amendment 122
- Amendment 123
- Amendment 124
- Amendment 125
- Amendment 126
- Amendment 127
- Amendment 128
- Amendment 129
- Amendment 130
- Amendment 131
- Amendment 132
- Amendment 133
- Amendment 134
- Amendment 135
- Amendment 136
- Amendment 137
- Amendment 138
- Amendment 139
- Amendment 140
- Amendment 141
- Amendment 142
- Amendment 143
- Amendment 144
- Amendment 145
- Amendment 146
- Amendment 147
- Amendment 148
- Amendment 149
- Amendment 150
- Amendment 151
- Amendment 152
- Amendment 153
- Amendment 154
- Amendment 155
- Amendment 156
- Amendment 157
- Amendment 158
- Amendment 159
- Amendment 160
- Amendment 161
- Amendment 162
- Amendment 163
- Amendment 164
- Amendment 165
- Amendment 166
- Amendment 167
- Amendment 168
- Amendment 169
- Amendment 170
- Amendment 171
- Amendment 172
- Amendment 173
- Amendment 174
- Amendment 175
- Amendment 176
- Amendment 177
- Amendment 178
- Amendment 179
- Amendment 180
- Amendment 181
- Amendment 182
- Amendment 183
- Amendment 184
- Amendment 185
- Amendment 186
- Amendment 187
- Amendment 188
- Amendment 189
- Amendment 190
- Amendment 191
- Amendment 192
- Amendment 193
- Amendment 194
- Amendment 195
- Amendment 196
- Amendment 197
- Amendment 198
- Amendment 199
- Amendment 200
- Amendment 201
- Amendment 202
- Amendment 203
- Amendment 204
- Amendment 205
- Amendment 206
- Amendment 207
- Amendment 208
- Amendment 209
- Amendment 210
- Amendment 211
- Amendment 212
- Amendment 213
- Amendment 214
- Amendment 215
- Amendment 216
- Amendment 217
- Amendment 218
- Amendment 219
- Amendment 220
- Amendment 221
- Amendment 222
- Amendment 223
- Amendment 224
- Amendment 225
- Amendment 226
- Amendment 227
- Amendment 228
- Amendment 229
- Amendment 230
- Amendment 231
- Amendment 232
- Amendment 233
- Amendment 234
- Amendment 235
- Amendment 236
- Amendment 237
- Amendment 238
- Amendment 239
- Amendment 240
- Amendment 241
- Amendment 242
- Amendment 243
- Amendment 244
- Amendment 245
- Amendment 246
- Amendment 247
- Amendment 248
- Amendment 249
- Amendment 250
- Amendment 251
- Amendment 252
- Amendment 253
- Amendment 254
- Amendment 255
- Amendment 256
- Amendment 257
- Amendment 258
- Amendment 259
- Amendment 260
- Amendment 261
- Amendment 262
- Amendment 263
- Amendment 264
- Amendment 265
- Amendment 266
- Amendment 267
- Amendment 268
- Amendment 269
- Amendment 270
- Amendment 271
- Amendment 272
- Amendment 273
- Amendment 274
- Amendment 275
- Amendment 276
- Amendment 277
- Amendment 278
- Amendment 279
- Amendment 280
- Amendment 281
- Amendment 282
- Amendment 283
- Amendment 284
- Amendment 285
- Amendment 286
- Amendment 287
- Amendment 288
- Amendment 289
- Amendment 290
- Amendment 291
- Amendment 292
- Amendment 293
- Amendment 294
- Amendment 295
- Amendment 296
- Amendment 297
- Amendment 298
- Amendment 299
- Amendment 300
- Amendment 301
- Amendment 302
- Amendment 303
- Amendment 304
- Amendment 305
- Amendment 306
- Amendment 307
- Amendment 308
- Amendment 309
- Amendment 310
- Amendment 311
- Amendment 312
- Amendment 313
- Amendment 314
- Amendment 315
- Amendment 316
- Amendment 317
- Amendment 318
- Amendment 319
- Amendment 320
- Amendment 321
- Amendment 322
- Amendment 323
- Amendment 324
- Amendment 325
- Amendment 326
- Amendment 327
- Amendment 328
- Amendment 329
- Amendment 330
- Amendment 331
Text 1,388 paragraphs
Amendment 111
Mariusz Kamiński, Maciej Wąsik
Draft legislative resolution
Citation 3 a (new)
| Draft legislative resolution | Amendment |
| – having regard to Articles 4(2) and 5 TEU and Article 72 TFEU, |
Or. pl
Amendment 112
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Citation 1
| Text proposed by the Commission | Amendment |
|---|---|
| Having regard to the Treaty on the Functioning of the European Union1, and in particular Article 83(1) and (2) thereof, | Having regard to the Treaty on the Functioning of the European Union1, and in particular Articles 72 and 83(1) and (2) thereof, |
| 1 (1)OJ L 308, 29.11.2022, p. 18. | 1 (1)OJ L 308, 29.11.2022, p. 18. |
Or. pl
Read the rest (1,376 paragraphs)
Amendment 113
Jadwiga Wiśniewska
Proposal for a directive
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) The development of the information society has led to illegal firearms transactions being conducted over the Internet, with weapons shipped in parts via the postal service or legitimate courier companies. |
Or. en
Amendment 114
Giuseppe Antoci
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. Preventing and combating firearms trafficking is a priority for the Union and the Member States. | (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is closely linked to the activities of organised crime groups that use illegal weapons to exercise territorial control, perpetrate extortion and drug trafficking, and intimidate communities and public authorities. In line with the Union’s strategies against organised crime and its commitments under the United Nations Convention against Transnational Organized Crime and its Firearms Protocol, this Directive should contribute to the dismantling of criminal organisations, to preventing the transfer of firearms from the legal to the illegal market, and to disrupting the financial and logistical supply chains that enable those organisations to operate, in full respect of fundamental rights and the rule of law. Preventing and combating firearms trafficking is a priority for the Union and the Member States. |
Or. it
Amendment 115
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. Preventing and combating firearms trafficking is a priority for the Union and the Member States. | (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. In addition, weapons are used for criminal purposes. Preventing and combating firearms trafficking is a priority for the Union and the Member States to increase the pressure on criminal markets and deprive criminals and terrorist of the means to carry out attacks. |
Or. en
Amendment 116
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. Preventing and combating firearms trafficking is a priority for the Union and the Member States. | (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism, as well as hostile acts by state actors carrying out or commissioning acts of sabotage and assassinations on the territory of the Union. Preventing and combating firearms trafficking is a priority for the Union and the Member States. |
Or. pl
Amendment 117
Jadwiga Wiśniewska
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. Preventing and combating firearms trafficking is a priority for the Union and the Member States. | (2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty on the Functioning of the European Union (TFEU), and is often committed within the framework of organised crime or in connection to terrorism. Firearms smuggling is a primary source of supply for the illegal market in the European Union. Preventing and combating firearms trafficking is a priority for the Union and the Member States. |
Or. en
Amendment 118
Sebastian Tynkkynen
Proposal for a directive
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) The lawful pursuit of activities involving firearms, including shooting for sport, hunting and collecting, is a key element of European cultural heritage, civil society traditions and the responsible leisure activities of individuals. These lawful hobbies also have a significant positive impact on society’s preparedness more broadly. From a national defence perspective in particular, it is essential to preserve and protect the option of the legal possession and use of firearms in the Member States, as this maintains citizens’ shooting skills, the safe handling of weapons, and abilities that underpin national defence capabilities and crisis preparedness. The measures set out in this Directive must therefore be strictly targeted at trafficking and criminal activities and must not unnecessarily restrict or undermine the rights and opportunities of legitimate hobbyists, people who shoot for sport, hunters or operators involved in national defence. |
Or. fi
Amendment 119
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The rise in firearms trafficking and other firearms-related offences and their effects, which undermine the effectiveness of Union firearms law, is a matter of continuing concern in the Union. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the Union citizens and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. | (3) The rise in firearms trafficking and other firearms-related offences and their effects, which undermine security, as well as the effectiveness of national legislation and Union firearms law, is a matter of continuing concern in the Union, particularly in the context of Russia’s ongoing aggression against Ukraine, as well as the armed conflicts in the Union’s southern neighbourhood, which are characterised by high levels of weapon proliferation, the operation of smuggling routes and the activities of organised criminal and terrorist groups. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the Union citizens and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. |
Or. pl
Amendment 120
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The rise in firearms trafficking and other firearms-related offences and their effects, which undermine the effectiveness of Union firearms law, is a matter of continuing concern in the Union. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the Union citizens and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. | (3) The rise in firearms trafficking and other firearms-related offences and their effects, which undermine the effectiveness of Union firearms law, is a matter of continuing concern in the Union. It goes hand in hand with an increase in other forms of crime and the demand and supply of trafficked firearms remain high. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the Union citizens and therefore necessitate an appropriate and effective common response, which often requires effective cross-border cooperation with a shared responsibility. |
Or. en
Amendment 121
Sebastian Tynkkynen
Proposal for a directive
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The rise in firearms trafficking and other firearms-related offences and their effects, which undermine the effectiveness of Union firearms law, is a matter of continuing concern in the Union. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the Union citizens and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. | (3) The rise in cross-border firearms trafficking and other firearms-related cross-border offences and their effects, which undermine the effectiveness of Union firearms law, is a matter of continuing concern in the Union. Such offences increasingly extend beyond the borders of the Member States in which they are committed. They pose a threat to Union citizens and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. |
Or. fi
Amendment 122
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Illicit manufacturing of firearms includes the private manufacturing of firearms, essential components and ammunition using a 3D printer, Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system, without an authorisation as dealer. Blueprints are an essential prerequisite for this type of production. Blueprint-based illicit manufacturing is becoming an increasingly important source of firearms for use by organised crime and terrorism, producing firearms that are unknown and untraceable from the outset. | (4) Illicit manufacturing of firearms includes the private manufacturing of firearms, essential components and ammunition using a 3D printer, Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system, without an authorisation as dealer. Blueprints are an essential prerequisite for this type of production. Blueprint-based illicit manufacturing is becoming an increasingly important source of firearms for use by organised crime and terrorism, producing firearms that are unknown and untraceable from the outset. Such blueprints and information on the modification of firearms can be disseminated online too easily, for example via Youtube. Member States should proactively monitor online platforms, including the dark web and encrypted channels, for the illegal sharing of blueprints and coordinate with Eurojust and Europol for takedowns. |
Or. en
Amendment 123
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Illicit manufacturing of firearms includes the private manufacturing of firearms, essential components and ammunition using a 3D printer, Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system, without an authorisation as dealer. Blueprints are an essential prerequisite for this type of production. Blueprint-based illicit manufacturing is becoming an increasingly important source of firearms for use by organised crime and terrorism, producing firearms that are unknown and untraceable from the outset. | (4) Illicit manufacturing of firearms also includes modern methods, such as the private manufacturing of firearms, essential components and ammunition using a 3D printer, Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system, without an authorisation as dealer. Blueprints are an essential prerequisite for this type of production. Blueprint-based illicit manufacturing is becoming an increasingly important source of firearms for use by organised crime and terrorism, producing firearms that are unknown and untraceable from the outset. |
Or. pl
Amendment 124
Jadwiga Wiśniewska
Proposal for a directive
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) Given the rapid increase in the use of 3D printers, CNC metal milling machines, and similar computer-controlled systems for the illicit manufacture of firearms and their essential components, cooperation with the manufacturers of such equipment is essential in the effort to combat arms smuggling and illegal weapons production. Manufacturers of 3D printers should be encouraged to adopt measures that limit the use of their equipment for illegal activities related to the manufacture of firearms. |
Or. en
Amendment 125
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) In order to ensure the integrity of the internal market within the Union in line with Directive (EU) 2021/555 and Regulation (EU) 2025/41, while also achieving a high level of security within the area of freedom, security and justice, and having regard to the UN Firearms Protocol, it is necessary to establish minimum rules concerning the definition of firearms-related criminal offences and penalties for the effective enforcement of those instruments. | (10) In order to ensure the integrity of the internal market within the Union in line with Directive (EU) 2021/555 and Regulation (EU) 2025/41, while also achieving a high level of security within the area of freedom, security and justice, and having regard to the UN Firearms Protocol, it is necessary to establish minimum rules concerning the definition of firearms-related criminal offences and penalties for the effective enforcement of those instruments, with the potential for further expansion due to rapid technological developments. |
Or. en
Amendment 126
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) In the context of those instruments, illicitly reactivating deactivated firearms should be considered as illicit manufacturing as the reactivation done without the required authorisation under Directive (EU) 2021/555 involves a manipulation which is considered as manufacturing. Illicit brokering of firearms should be considered as illicit firearms trafficking as the prerequisite for trade is having a license as a broker, in accordance with Directive (EU) 2021/555. Illicit dealing should be considered as, either, illicit firearms trafficking or illicit manufacturing or both as the prerequisite for both manufacturing and trade is having a license as dealer in accordance with Directive (EU) 2021/555. Violation of an arms embargo should be considered as illicit firearms trafficking as exports towards countries under arms embargoes should not be granted an authorisation. The lack of an authorisation is an essential element in the definition of firearms trafficking. | (11) In the context of those instruments, illicitly reactivating deactivated firearms should be considered as illicit manufacturing as the reactivation done without the required authorisation under Directive (EU) 2021/555 involves a manipulation which is considered as manufacturing. Illicit brokering of firearms should be considered as illicit firearms trafficking as the prerequisite for trade is having a license as a broker, in accordance with Directive (EU) 2021/555. Illicit dealing should be considered as, either, illicit firearms trafficking or illicit manufacturing or both as the prerequisite for both manufacturing and trade is having a license as dealer in accordance with Directive (EU) 2021/555. Violation of an embargo on arms, their essential components or ammunition, should be considered as illicit firearms trafficking as exports towards countries under arms embargoes should not be granted an authorisation. The lack of an authorisation is an essential element in the definition of firearms trafficking. |
Or. pl
Amendment 127
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. | (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. This is particularly important in light of the deteriorating security environment in Europe, including the threat posed by Russian aggression. Knowledge of firearms, the ability to handle them safely, and the capacity of citizens to support the defence of the state in the event of armed aggression constitute an important element of resilience and, in many Member States, form part of the whole-of-society approach to security and defence. Accordingly, measures adopted pursuant to this Directive must not result in disproportionate administrative burdens being imposed on persons lawfully possessing or using firearms, nor must they undermine properly functioning national systems for the issue, verification and recognition of licences. |
Or. pl
Amendment 128
Jadwiga Wiśniewska
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. | (12) The rights of citizens, legal persons, organizations, museums, cultural institutions, reenactment groups, hunting clubs and other legally operating entities who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. This applies in particular to the collection of weapons in museum holdings; the use of weapons for sporting, training, or recreational purposes at a shooting range operating under a permit from the competent authority; the use of signal and alarm firearms for summoning assistance, rescue, or search operations; and the possession of handheld incapacitating gas projectors. |
Or. en
Amendment 129
Emil Radev
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. | (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. In particular, this Directive should not affect the lawful acquisition, possession and use of firearms and their ammunition for hunting or sporting purposes, in accordance with applicable law. |
Or. bg
Amendment 130
Matthieu Valet
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41 should not be affected. | (12) The Directive shall not affect the rights of citizens who legally possess, use, manufacture and trade firearms, essential components or ammunition in accordance with Directive (EU) 2021/555 and Regulation (EU) 2025/41. |
Or. fr
Amendment 131
Geadis Geadi, Pietro Fiocchi
Proposal for a directive
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (12a) This Directive should be without prejudice to the lawful practice of hunting and to the rights of hunters to lawfully acquire, possess and use firearms and ammunition. In particular, the measures adopted under this Directive should not serve as a basis for imposing further restrictions on the materials used in legally available hunting ammunition, including lead. |
Or. en
Amendment 132
Jadwiga Wiśniewska
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. | (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Technological advancements, including 3D printing, facilitate the smuggling of individual firearm components—a practice that is harder to detect than the smuggling of complete weapons. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. |
| 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. | 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. |
Or. en
Amendment 133
Giuseppe Antoci
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. | (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as digital manufacturing, both additive (commonly known as '3D printing') and subtractive (numerically controlled milling), have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. |
| 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. | 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. |
Or. it
Amendment 134
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. | (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible online and offline, and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. |
| 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. | 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. |
Or. en
Amendment 135
Verena Mertens
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. | (13) New technologies enabling the private manufacturing of firearms, essential components and ammunition, such as 3D printing, also called additive manufacturing, have emerged during the last years and are becoming increasingly more accessible and affordable. This technology relies on digital blueprints which can be downloaded, distributed and used to illicitly produce firearms. Taking into account the evolution of the threat, and in accordance with the recommendations made in UN Resolution 12/37 adopted at the 12th session of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime held in Vienna from 14 to 18 October 2024, the unauthorised possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. |
| 7 (7)Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. | 7 (7) Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, in view of technological developments, The Conference of the Parties to the United Nations Convention against Transnational Organized Crime. |
Or. de
Amendment 136
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 13 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (13a) Further technological developments have led to the availability of increasingly powerful air rifles, including pre-charged pneumatic (PCP) weapons, which in certain cases can cause levels of injury comparable to those caused by certain firearms. Security services warn that these weapons are increasingly being used by extremists, with potentially significant consequences for society. This also applies to alarm, signal and gas pistols, which can increasingly easily and cheaply be converted into functional firearms using readily available techniques. |
Or. en
Amendment 137
Sebastian Tynkkynen
Proposal for a directive
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Particular emphasis should be placed on dissemination of blueprints due to its inherently expansive nature. Once a blueprint is shared online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require negligence over criminal intent to constitute an offence. | (14) Particular emphasis should be placed on the dissemination of blueprints and manufacturing instructions relating to firearms due to its inherently expansive nature. Once such materials are shared online, they rapidly become uncontrollable, creating a cycle where they are copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require negligence over criminal intent to constitute an offence. Particular emphasis should be placed on ensuring that activities relating to shooting for sport, hunting or national defence are not hampered by restrictions. |
Or. fi
Amendment 138
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Particular emphasis should be placed on dissemination of blueprints due to its inherently expansive nature. Once a blueprint is shared online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require negligence over criminal intent to constitute an offence. | (14) Particular emphasis should be placed on dissemination of blueprints or providing an explanation about blueprints due to its inherently expansive nature. Once a blueprint is shared online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require negligence over criminal intent to constitute an offence. |
Or. en
Amendment 139
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Particular emphasis should be placed on dissemination of blueprints due to its inherently expansive nature. Once a blueprint is shared online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require negligence over criminal intent to constitute an offence. | (14) Particular emphasis should be placed on dissemination of blueprints due to its inherently expansive nature. Once a blueprint is shared online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. The dissemination of blueprints should therefore constitute a criminal offence in any circumstance, conversely to the offences of the creation, acquiring, possession, and sharing of blueprints. The focus should be on preventing dissemination by establishing stringent liability standards that require serious negligence over criminal intent to constitute an offence. |
Or. en
Justification
aligned with the Article wording
Amendment 140
Giuseppe Antoci
Proposal for a directive
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Violence and firearms trafficking disproportionately affect socially and economically disadvantaged communities, racialised and marginalised groups, and workers in high-risk sectors, including the transport and logistics sector. To effectively prevent crimes committed with firearms, Member States should complement criminal law measures with social, educational and community prevention policies, including support for victims of armed violence, programmes for at-risk young people and measures to combat discrimination and inequality. The implementation of this Directive should therefore be coordinated with Union funding and policies in the areas of social inclusion, education, young people, public health and victims’ rights. |
Or. it
Amendment 141
Jadwiga Wiśniewska
Proposal for a directive
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) With regard to the criminal offence of disseminating blueprints, which also constitutes a criminal offence where it is committed with at least serious negligence, as defined in Article 3 of this Directive, the term must be interpreted in accordance with national law and national case law. Member States retain the right to differentiate the degree of culpability of a natural or legal person based on the level of caution and diligence required of them. |
Or. en
Amendment 142
Giuseppe Antoci
Proposal for a directive
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Additive manufacturing methods, such as 3D printing, can be a valuable driver for industrial production and innovation. Any restrictions in terms of its use, should not affect the legitimate use by the firearms dealers authorised through in accordance with Directive (EU) 2021/555 or other authorised legal or natural persons. It should not target the research and innovative development of the sector. | (15) Manufacturing methods, such as digital manufacturing, both additive (commonly known as '3D printing') and subtractive (numerically controlled milling) can be a valuable driver for industrial production and innovation. Any restrictions in terms of its use, should not affect the legitimate use by the firearms dealers authorised through in accordance with Directive (EU) 2021/555 or other authorised legal or natural persons. It should not target the research and innovative development of the sector. |
Or. it
Amendment 143
Sebastian Tynkkynen
Proposal for a directive
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Additive manufacturing methods, such as 3D printing, can be a valuable driver for industrial production and innovation. Any restrictions in terms of its use, should not affect the legitimate use by the firearms dealers authorised through in accordance with Directive (EU) 2021/555 or other authorised legal or natural persons. It should not target the research and innovative development of the sector. | (15) Additive manufacturing methods, such as 3D printing, can be a valuable driver for industrial production and innovation. Any restrictions in terms of its use should not affect the legitimate use by the firearms dealers authorised in accordance with Directive (EU) 2021/555 or other authorised legal or natural persons. It should not target national defence objectives or the research and innovative development of the sector. |
Or. fi
Amendment 144
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (15a) Consideration should be given to the link of social media and the use of illicit firearms. The interest in weapons among especially extremists and criminal actors involved in the illicit drug trade is significant. The possession of weapons is an aim itself and seen as part of a lifestyle that is being glorified online. This can be particularly dangerous for vulnerable young people who may be influenced by this. The involvement of minors and young people in violent extremism is a concern and numbers continue to grow. Increasingly younger children are carrying firearms as a status symbol. |
Or. en
Amendment 145
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) To that end, minimum levels for the maximum term of imprisonment should be set for natural persons. In view of the potential harm that a firearm can cause, which includes serious injury and death, and of the long lifespan of firearms, it is appropriate to set minimum levels that reflect the risk to life associated with firearms-related offences and that are proportionate to the specific risk, the seriousness and the degree of illegality of the offence. The maximum terms of imprisonment provided for in this Directive for the criminal offences committed by natural persons should apply at least to the most serious forms of such offences. This Directive does not set any requirements for the minimum level of penalties that Member States should apply beyond the need to ensure that penalties must be effective, dissuasive and proportionate overall. | (17) To that end, minimum levels for the maximum term of imprisonment should be set for natural persons. In view of the potential harm that a firearm can cause, which includes serious injury and death, as well as the use of firearms to commit other serious crimes such as terrorism, sabotage, robbery or extortion, and of the long lifespan of firearms, it is appropriate to set minimum levels that reflect the risk to life associated with firearms-related offences and that are proportionate to the specific risk, the seriousness and the degree of illegality of the offence. The maximum terms of imprisonment provided for in this Directive for the offences committed by natural persons should apply at least to the most serious forms of such offences. This Directive does not set any requirements for the minimum level of penalties that Member States should apply beyond the need to ensure that penalties must be effective, dissuasive and proportionate overall. |
Or. pl
Amendment 146
Sebastian Tynkkynen
Proposal for a directive
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) It should be possible to remove from the territory of the Union a third-country national who commits acts defined as unlawful under this Directive. |
Or. fi
Amendment 147
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) To the extent that conduct constituting firearms trafficking and other firearms-related criminal offences is attributable to legal persons, such legal persons should be held liable for such an offence only where all the constituent elements of the criminal offences set out in Article 3 are met. Liability should ensure accountability, prevent and dissuade further criminal offences. In order to achieve the objectives of this Directive, Member States whose law provides for the criminal liability of legal persons should ensure that their law provides for effective, dissuasive and proportionate types and levels of criminal penalties. In order to achieve the objectives of this Directive, Member States whose law does not provide for the criminal liability of legal persons should ensure that their law provides for effective, dissuasive and proportionate types and levels of non-criminal penalties. To that end, minimum amounts for the maximum levels of fines should be set. The maximum levels of fines provided for in this Directive for the criminal offences should apply at least to the most serious forms of such offences, as specified by the Directive. The gravity of the conduct, as well as the individual, financial and other circumstances of the legal persons concerned, should be taken into account to ensure that the penalty imposed is effective, dissuasive and proportionate. Member States should be able to set the maximum levels of fines either as a percentage of the total worldwide turnover of the legal person concerned, or in fixed amounts. | (19) To the extent that conduct constituting firearms trafficking and other firearms-related criminal offences is attributable to legal persons, such legal persons should be held liable for such an offence only where the essential elements of the criminal offences set out in Article 3 are met. Liability should ensure accountability, prevent and dissuade further criminal offences. In order to achieve the objectives of this Directive, Member States whose law provides for the criminal liability of legal persons should ensure that their law provides for effective, dissuasive and proportionate types and levels of criminal penalties. In order to achieve the objectives of this Directive, Member States whose law does not provide for the criminal liability of legal persons should ensure that their law provides for effective, dissuasive and proportionate types and levels of non-criminal penalties. To that end, minimum amounts for the maximum levels of fines should be set. The maximum levels of fines provided for in this Directive for the criminal offences should apply at least to the most serious forms of such offences, as specified by the Directive. The gravity of the conduct, as well as the individual, financial and other circumstances of the legal persons concerned, should be taken into account to ensure that the penalty imposed is effective, dissuasive and proportionate. Member States should be able to set the maximum levels of fines either as a percentage of the total worldwide turnover of the legal person concerned, or in fixed amounts. |
Or. pl
Amendment 148
Sebastian Tynkkynen
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
|---|---|
| (24) To ensure complete accountability, the fact that legal persons are held liable under this Directive should not preclude criminal proceedings being taken against natural persons who commit, incite or are accessories to the criminal offences defined in this Directive. Where the conditions for criminal liability are met, such natural persons should be understood to include corporate board members. | (24) To ensure complete accountability, the fact that legal persons are held liable under this Directive should not preclude criminal proceedings being taken against natural persons who commit, finance, incite or are accessories to the criminal offences defined in this Directive. Where the conditions for criminal liability are met, such natural persons should be understood to include corporate board members. |
Or. fi
Amendment 149
Geadis Geadi
Proposal for a directive
Recital 25 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (25a) Member States should provide for more severe penalties where the illicit trafficking of firearms or ammunition is carried out in cooperation with cross-border criminal networks operating from third countries or occupied territories and is linked to activities that threaten the public order and national security of a Member State. |
Or. en
Amendment 150
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. | (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. Such aggravating circumstances should include the discovery during investigations of a Category A firearm, or cases where a firearm was handed over to a minor or where minors were incited to commit illicit trafficking. If the criminal offence was committed in the context of a criminal organisation, this should also be considered an aggravating circumstance. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. |
Or. en
Amendment 151
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. | (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system, such as, use for terrorist purposes. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. |
Or. en
Amendment 152
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. | (26) Member States should ensure that at least five items from the list of aggravating circumstances provided for in this Directive are provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. |
Or. pl
Amendment 153
Giuseppe Antoci
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Member States should ensure that at least one of the aggravating circumstances provided for in this Directive is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. | (26) Member States should ensure that the aggravating circumstances provided for in this Directive are provided for as aggravating circumstances in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case. |
Or. it
Amendment 154
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 27
| Text proposed by the Commission | Amendment |
|---|---|
| (27) When a high number of firearms is discovered during an investigation, this should be considered an aggravating circumstance. To that end, Member States should have a common understanding of what a high number of firearms means. | (27) When a high number of firearms is discovered during an investigation, this should be considered an aggravating circumstance. To that end, Member States should have a common understanding of what a high number of firearms means. Such high number should be understood as five or more firearms. |
Or. en
Amendment 155
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 27
| Text proposed by the Commission | Amendment |
|---|---|
| (27) When a high number of firearms is discovered during an investigation, this should be considered an aggravating circumstance. To that end, Member States should have a common understanding of what a high number of firearms means. | (27) When more than one firearm is discovered during an investigation, this should be considered an aggravating circumstance. To that end, Member States should have a common understanding of what a high number of firearms means. |
Or. en
Amendment 156
Erik Kaliňák
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. | (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. The use of such investigative tools should remain subject to national law, prior authorisation by the competent judicial authority where required under national law, and the principles of necessity and proportionality. |
Or. en
Justification
Intrusive measures such as interception of communications or covert surveillance must remain governed by national procedural law and subject to judicial control. The amendment does not weaken the fight against illicit firearms trafficking. It makes clear that these tools may be used only where necessary and proportionate, and that the Directive does not expand Member States’ surveillance powers.
Amendment 157
Sebastian Tynkkynen
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. | (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. All monitoring and surveillance activities that impinge upon privacy must be carried out in full compliance with privacy protection legislation. |
Or. fi
Amendment 158
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. | (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective and proportionate investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. |
Or. en
Justification
aligned with Article 10
Amendment 159
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. | (30) To ensure effective investigations and prosecution of firearms trafficking and other firearms-related criminal offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools and training such as those which are used in combating organised crime or other serious crimes. Such tools should, where appropriate, include, for example, the search of any personal property, the interception of communications, covert surveillance including electronic surveillance, the taking and the keeping of audio recordings, in private or public vehicles and places, and of visual images of persons in public vehicles and places, controlled deliveries, and financial investigations. |
Or. en
Amendment 160
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. | (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences and poses security risks to the Union as a whole. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. Member States should be required to seek assistance from European authorities, especially Eurojust and Europol, where they are unable to do so independently. |
Or. en
Amendment 161
Erik Kaliňák
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. | (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure an adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Member States should ensure that the competent national authorities have adequate resources and powers to perform their functions under this Directive, while retaining full discretion as regards their organisation, staffing, specialisation and the allocation of financial, technical and technological resources, in accordance with national law, constitutional traditions and budgetary priorities. |
Or. en
Justification
Competent authorities must have the means to investigate and prosecute firearms offences. How those authorities are organised, staffed and financed is, however, a matter for each Member State. The amendment therefore leaves institutional and budgetary choices at national level.
Amendment 162
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. | (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences, as well as an inadequate legal framework for the effective prosecution of such offences, creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources, as well as legal tools, for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. |
Or. pl
Amendment 163
Sebastian Tynkkynen
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. | (34) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences creates obstacles for the effective prevention and sentencing of those offences. In particular, the shortage of resources is capable of preventing authorities from taking any action or of limiting their enforcement actions, allowing offenders to escape liability or to receive a sentence that does not correspond to the gravity of the criminal offence. Member States should ensure that national authorities which detect, investigate, prosecute or adjudicate firearms-related criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. They should also ensure the adequate level of specialisation of those authorities in the area of firearms-related criminal offences, in accordance with national law. Therefore, Member States should establish minimum criteria concerning resources and enforcement powers. In this context, account should be taken, in particular, of the constitutional traditions and of the structure of the legal system of Member States, as well as other national circumstances. |
Or. fi
Amendment 164
Jadwiga Wiśniewska
Proposal for a directive
Recital 34 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (34a) Support is required for Member States—particularly those forming the EU’s external borders—to finance the purchase and maintenance of specialized equipment for detecting firearms smuggling; this includes vehicles for surveillance and tracking suspicious shipments, mobile X-ray systems, advanced electronic monitoring systems, long-range surveillance drones, thermal imaging and night-vision devices, and equipment for analyzing telephone traffic. |
Or. en
Amendment 165
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Fabienne Keller
Proposal for a directive
Recital 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level by means of a co-ordinated collection, analysis and sharing of information to enhance the knowledge of the threats, and to better inform national law enforcement agencies. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. | (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities. Adequate funding should be allocated for this purpose. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level by means of a co-ordinated collection, analysis, sharing of information and training sessions to enhance the knowledge of the threats, and to better inform national law enforcement agencies. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. To ensure its effective implementation, a European coordination point should also be established where the national contact points can convene and exchange best practices. This could be established within Eurojust or Europol. In order to ensure the effective functioning of this mechanism, the national focal points should meet at least twice a year. |
Or. en
Amendment 166
Emil Radev
Proposal for a directive
Recital 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level by means of a co-ordinated collection, analysis and sharing of information to enhance the knowledge of the threats, and to better inform national law enforcement agencies. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. | (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level, and to this end, national firearms units should be assigned appropriate duties to support the analysis of criminal networks, trafficking routes, supply chains and modus operandi, as well as to facilitate the exchange of relevant information on these matters between the competent national authorities and Europol. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. |
Or. bg
Amendment 167
Sebastian Tynkkynen
Proposal for a directive
Recital 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level by means of a co-ordinated collection, analysis and sharing of information to enhance the knowledge of the threats, and to better inform national law enforcement agencies. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. | (35) The establishment or designation of National Firearms Focal Points is an essential tool for cross-border cooperation as recognised in policy instruments. Each Member State should therefore establish such a National Firearms Focal Point tasked with similar responsibilities, while avoiding any increase in the administrative burden. The main aim is to provide a comprehensive approach to the integral control of firearms. This should be done at a strategic and operational level by means of a co-ordinated collection, analysis and sharing of information to enhance the knowledge of the threats, and to better inform national law enforcement agencies. The National Firearms Focal Point can also be the national body of single point of contact referred to in Article 13 of the UN Firearms Protocol. |
Or. fi
Amendment 168
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová
Proposal for a directive
Recital 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35a) Given the growing role of social media in the use and acquisition of illicit firearms, it is essential that the national contact points also provide support in investigating the dissemination and glorification of firearm use online and contribute to campaigns aimed at reducing firearm possession among young people by raising awareness of its potentially devastating consequences. Parents should also be involved in these efforts, given their responsibility for guiding and safeguarding their children. |
Or. en
Amendment 169
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35a) Frontex, Europol, and Member State authorities have identified a justified and very high risk of the illicit proliferation of weapons following the conflict in Ukraine. This concerns both weapons supplied to Ukraine from the Union and other countries as aid, and post-Soviet weaponry. |
Or. en
Justification
Europol: The trade in illegal firearms and explosives https://www.europol.europa.eu/crime-areas/trade-in-illegal-firearms-and-explosivesThe Political Core: Polish police are preparing for an influx of weapons from Ukraine https://www.politicallore.com/polish-police-are-preparing-for-an-influx-of-weapons-from-ukraine/49887Poland Readies Trident Plan Against Ukraine Arms Smuggling https://voennoedelo.com/en/posts/id15592-poland-prepares-for-illegal-weapons-flow-from-ukraineEuropesays: Warsaw on alert over potential post-war arms smuggling from Ukraine https://www.europesays.com/poland/4824/#google_vignette
Amendment 170
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Recital 35 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35b) The role of the National Firearms Focal Points should be further strengthened by establishing them as information and contact points where individuals can seek guidance and engage in dialogue concerning the risks and consequences of the use and possession of illicit firearms. They should also be able to organise targeted initiatives, such as the weapon surrender campaign carried out in Amsterdam in 2020, whereby residents were able to surrender illicit firearms anonymously without being prosecuted for their possession. The initiative, organised by the municipality and the police aimed to remove as many firearms as possible from the streets and, in particular, to raise awareness among young people of the risks associated with firearm possession.As part of the initiative, young people who surrendered a firearm were offered the opportunity to participate in training or to engage in a conversation with a coach about their future plans. More than 300 firearms were surrendered during the campaign. |
Or. en
Amendment 171
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35b) Europol indicates a high risk that a significant portion of the weapons currently in use in Ukraine will fall into the hands of terrorists or organized crime groups. According to the Global Organized Crime Index 2025 report, Ukraine is identified as one of the major sources of weapons illegally smuggled into Europe. The report notes that hundreds of thousands of weapons have been lost or stolen within the country. |
Or. en
Justification
Report: GLOBAL ORGANIZED CRIME INDEX 2025: UKRAINE https://ocindex.net/assets/downloads/2025/english/ocindex_profile_ukraine_2025.pdf
Amendment 172
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35c) This assessment takes into account past experiences with European conflicts—such as the wars in the former Yugoslavia and the Cold War—and the fact that a significant number of illegal weapons currently in the Union originate from Balkan conflicts. |
Or. en
Justification
Europol: The trade in illegal firearms and explosives https://www.europol.europa.eu/crime-areas/trade-in-illegal-firearms-and-explosivesGlobal Initiative against Transnational Organized Crime: The Western Balkans is still the criminals’ choice for weapons. https://riskbulletins.globalinitiative.net/see-obs-018/04-western-balkans-still-criminals-choice-weapons.html
Amendment 173
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35d) It also considers estimates by Ukrainian authorities suggesting that, despite legal changes mandating the declaration of weapon ownership, millions of unregistered weapons of various types may remain in civilian hands, creating a genuine risk of smuggling into the Union; criminals are known to pose as volunteers to acquire weapons. |
Or. en
Justification
Ukrainians may have from 2 to 5 million unregistered weapons - Interior Ministry https://unn.ua/en/news/ukrainians-may-have-from-2-to-5-million-unregistered-weapons-interior-ministry
Amendment 174
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 e (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35e) Furthermore, Member State authorities warn that, following the cessation of hostilities, individuals with combat experience who struggle to adapt to civilian life could pose a particular threat; criminal groups might recruit them, utilizing unregistered or illicitly acquired weapons. |
Or. en
Amendment 175
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 f (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35f) Europol has reported sightings of individuals leaving Ukraine with firearms, and there are serious concerns that weapons and ammunition are being stockpiled along the Union border for subsequent smuggling into the Union. |
Or. en
Justification
Europol statement on the cooperation with Ukraine https://www.europol.europa.eu/media-press/newsroom/news/europol-statement-cooperation-ukraine
Amendment 176
Jadwiga Wiśniewska
Proposal for a directive
Recital 35 g (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (35g) Member State authorities, Frontex, and Europol are already recording numerous instances of illicit arms trafficking stemming from the conflict in Ukraine—with some weapons reaching the Union black market via established smuggling routes—and this phenomenon is expected to escalate sharply once hostilities cease. |
Or. en
Justification
European Centre for Counterterrorism and Intelligence Studies: Ukraine could become a global arms trafficking hub after the war https://en.europarabct.com/?p=81419 Frontex official warns of post-war Ukraine arms-smuggling danger https://www.politico.eu/article/frontex-official-warns-of-post-war-ukraine-arms-smuggling-danger/TVP World: Poland bracing for ‘sharp increase’ in illegal weapons after Ukraine war https://tvpworld.com/93064292/polands-cbsp-braces-for-sharp-rise-in-weapons-due-to-ukraine-war
Amendment 177
Emil Radev
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council10, and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. | (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council10, and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. Particular attention should also be paid to coordination and cooperation between competent law enforcement, border control and customs authorities with a view to detecting and preventing trafficking in firearms, essential components and ammunition across the Union’s external borders at an early stage. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. |
| 10 (10)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj) | 10 (10) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj) |
Or. bg
Amendment 178
Jadwiga Wiśniewska
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council10 , and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. | (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council10 , and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. Strengthening international cooperation among Member States and partners outside the Union is also crucial in combating the smuggling of and trafficking in illegal weapons within the Union. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. |
| 10 (10)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj) | 10 (10)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj) |
Or. en
Amendment 179
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council10 , and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. | (36) The cross-border nature of firearms trafficking and other firearms-related criminal offences requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the relevant Union agencies and bodies to counter firearms trafficking, including Eurojust, Europol, and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework, and with neighbouring countries, in particular enlargement partners. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust, or operational task forces and coordination meetings facilitated by Europol. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer. It is essential that Member States proactively engage with Europol by sharing information on cases, supply channels, and criminal networks in order to develop a comprehensive intelligence picture of the threat. It is also crucial for the Union and its Member States to strengthen cooperation with relevant third countries. A strong coordinated response and cooperation is also necessary with a view to securing and obtaining electronic evidence. |
| 10 (10)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj) |
Or. en
Justification
AM 24 Rapporteur, corrected: Only Eurojust leads Joint Investigation Teams (JITs). Europol has Operational Task Forces (OTFs).
Amendment 180
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. | (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. Relevant professionals, including journalists and researchers, should also be able to acquire blueprints in the course of their legitimate work. Where such acquisition is conducted in the context of legitimate journalistic investigations or legitimate research, which does not lead to further dissemination, this should be considered without criminal intent. |
Or. en
Amendment 181
Erik Kaliňák
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. | (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. Criminalisation should not extend to the creation, acquisition, possession or exchange of blueprints for legitimate research, educational, testing, industrial, cybersecurity, journalistic or other lawful purposes, where there is no intent to facilitate the illicit manufacture of firearms, essential components or ammunition for live firing. |
Or. en
Justification
Illicit manufacture of firearms, including by means of 3D printing, must be punished. Possession or exchange of technical documentation for research, testing, education or other lawful purposes should not in itself be a criminal offence. The amendment draws that distinction more clearly, without lowering the level of sanctions for actual illicit production.
Amendment 182
Emil Radev
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. | (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. The measures taken pursuant to this Directive should not hinder legitimate scientific research and industrial activities, technological development and innovation, including the development of new production technologies. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. |
Or. bg
Amendment 183
Sebastian Tynkkynen
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions and the firearms industry to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. | (37) Member States should only criminalise the unauthorised creating, acquiring, possessing, and sharing of blueprints that are designed for the manufacturing of live-firing firearms, essential components or ammunition. Member States may decide to create dedicated authorisations for natural and/or legal person to engage with these blueprints in a legal manner. This is especially important to allow research institutions, the firearms industry and national defence operators to further develop additive manufacturing production methods. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. |
Or. fi
Amendment 184
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 37 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37a) The fight against firearms trafficking should be extended to the online sphere, including by addressing the making available of blueprints to the public, or inciting the commission of any of the criminal conduct covered by this Directive. This is without prejudice to Regulation (EU) 2021/784 on Terrorist Content Online1a and Regulation (EU) 2022/2065 on a Single Market For Digital Services.1b | |
| 1a Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online, OJ L 172, 17.5.2021, pp. 79–109 | |
| 1b Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, pp. 1–102 |
Or. en
Amendment 185
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 37 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37b) The removal of blueprints at their source is often not possible when the original materials are located outside the Union, either because the third country where the servers are hosted is not willing to cooperate or because obtaining the removal of the material from the third country concerned proves to be particularly long. Mechanisms can also be put in place to block access from the Union’s territory to internet pages identified as making blueprints available to the public. The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing blueprints could be based on different forms of public action, such as legislative, non-legislative, judicial, or other measures. In that context, this Directive should be without prejudice to voluntary action taken by the internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. For the purposes of both removing and blocking blueprints, cooperation between public authorities should be established and strengthened, particularly with a view to ensuring that national lists of websites containing blueprints are as complete as possible and avoiding a duplication of work. Any such developments should take account of the rights of the end-users and comply with existing legal and judicial procedures, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union (the ‘Charter´). They should in particular under no circumstances lead to the blocking of legal content as collateral damage. |
Or. en
Justification
= AM 29 rapporteur, which is based on Recital 47 of the CSA Directive 2011/93, with the last sentence on legal content added.
Amendment 186
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
|---|---|
| (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness, racism or discrimination. | (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence. |
Or. pl
Amendment 187
Jadwiga Wiśniewska
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
|---|---|
| (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness, racism or discrimination. | (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence, with respect to the legitimate aims pursued and to their necessity in a democratic society, taking into account the specific features of the Member State's legal system, and should exclude any form of arbitrariness, racism or discrimination. |
Or. en
Amendment 188
Sebastian Tynkkynen
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
|---|---|
| (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness, racism or discrimination. | (38) The implementation of criminal law measures adopted under this Directive should be proportional to the nature and circumstances of the criminal offence, with respect to the legitimate aims pursued and to their necessity in a democratic society. |
Or. fi
Amendment 189
Giuseppe Antoci
Proposal for a directive
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) To effectively address the criminal offences defined in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable statistical data on those offences. Member States should therefore ensure that an adequate digital system is in place for the recording, production and transmission of existing statistical data on the criminal offences defined in this Directive. It is important that those statistical data are used by Member States to serve the strategic and operational planning of enforcement activities, to analyse the scale of and trends in those offences, as well as for providing information to citizens. | (39) To effectively address the criminal offences defined in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable statistical data on those offences. Member States should therefore ensure that an adequate digital system is in place for the recording, production and transmission of existing statistical data on the criminal offences defined in this Directive. To that end, Member States should transmit to the Commission and Europol the statistical data referred to in this Directive disaggregated by sex, age and, where available, other relevant socio-economic indicators, in order to allow for the assessment of possible differentiated impacts on specific groups and communities. On the basis of those data, the Commission should publish aggregated information and analysis, including, where appropriate, trends regarding the involvement of organised criminal groups and the transfer of firearms from the legal to the illicit market. It is important that those statistical data are used by Member States to serve the strategic and operational planning of enforcement activities, to analyse the scale of and trends in those offences, as well as for providing information to citizens. |
Or. it
Amendment 190
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Recital 40
| Text proposed by the Commission | Amendment |
|---|---|
| (40) To develop a comprehensive picture of the threat pertaining to firearms-related criminal offences and guide policy making in a timely manner, Member States should transmit statistical data on those offences to the Commission six years following transposition, and every five years thereafter. | (40) To develop a comprehensive picture of the threat pertaining to firearms-related criminal offences and guide policy making in a timely manner, Member States should transmit statistical data on those offences to the Commission five years following transposition, and every five years thereafter. |
Or. en
Amendment 191
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) Data on seizures of firearms should be available in a Union repository to facilitate cooperation between Member States, in particular cross-border investigations, prosecutions and convictions of firearms-related offences. | (41) Data on seizures of firearms should be available in a Union repository to facilitate cooperation between Member States, in particular cross-border investigations, prosecutions and convictions of firearms-related offences. The collection of data and any use thereof by EU institutions must comply with the principles of proportionality and subsidiarity. |
Or. pl
Amendment 192
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Recital 42 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (42a) In order to ensure uniform conditions for the implementation of this Directive regarding the establishment of a database containing recognised blueprints, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council1a. | |
| 1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj) |
Or. en
Justification
= AM 32 Rapporteur, but without the need to test every blueprint (= print a real weapon from it).
Amendment 193
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Recital 44
| Text proposed by the Commission | Amendment |
|---|---|
| (44) Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the need for Union-wide harmonised rules, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the TEU. 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. | (44) Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the need for Union-wide harmonised rules, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the TEU. 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. In particular, its implementation must not infringe upon the Member States’ powers in the areas of maintaining public order and safeguarding internal security, nor upon their responsibilities for national security, in accordance with Article 4(2) and Article 5 TEU and Article 72 TFEU. |
Or. pl
Amendment 194
Sebastian Tynkkynen
Proposal for a directive
Recital 45
| Text proposed by the Commission | Amendment |
|---|---|
| (45) This Directive respects the fundamental rights, specifically Article 16 and 17 of the Charter on fundamental rights of the EU, respectively referring to the freedom to conduct a business and recognising the right to property. Furthermore, this Directive observes the principles as recognised in particular by the Charter, including the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly. | (45) This Directive respects the fundamental rights, specifically Article 16 and 17 of the Charter on fundamental rights of the EU, respectively referring to the freedom to conduct a business and recognising the right to property. Furthermore, this Directive observes the principles as recognised in particular by the Charter, including the protection of privacy, the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly. |
Or. fi
Amendment 195
Geadis Geadi, Pietro Fiocchi
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall not affect the lawful practice of hunting or the rights of hunters to acquire, possess and use lawfully authorised firearms and ammunition. In particular, no provision of this Directive shall be interpreted in a manner that restricts the lawful use of traditional hunting ammunition, including ammunition containing lead. |
Or. en
Amendment 196
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. ‘authorisation’ means any authorisation, licence or other legal permission required under the relevant Union or national law for the activity in question. |
Or. de
Amendment 197
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. ‘blueprint’ means digital technical design files capable of being used with, or which can be recognised by appropriate software by a 3D printer, a Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system for the purpose of manufacturing firearms, essential components or ammunition; | 4. ‘blueprint’ means a digital file or set of digital files containing machine-readable geometric, dimensional or toolpath data, which are specifically designed or adapted for use with a 3D printer, a Computer Numerical Cutting (CNC) machine tool or a similar computer-controlled manufacturing system for the purposes of manufacturing a firearm, an essential component thereof or ammunition, either directly or following merely routine conversion between common manufacturing formats or other routine automated processing, in which no significant amount of missing manufacturing data needs to be generated, derived or reconstructed. Technical drawings, two-dimensional plans, exploded views, photographs, manuals, maintenance and repair documents, and other technical documentation shall not be deemed to be blueprints unless they contain the machine-readable manufacturing data required for such a manufacturing process. |
Or. de
Amendment 198
Sebastian Tynkkynen
Proposal for a directive
Article 2 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. ‘blueprint’ means digital technical design files capable of being used with, or which can be recognised by appropriate software by a 3D printer, a Computer Numerical Cutting (CNC) metal milling machine or similar computer-operated system for the purpose of manufacturing firearms, essential components or ammunition; | 4. ‘blueprint’ means digital technical design files capable of being used with, or which can be recognised by appropriate software by a 3D printer, a Computer Numerical Cutting (CNC) metal milling machine or similar system for the purpose of manufacturing firearms, essential components or ammunition; |
Or. fi
Amendment 199
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. ‘disseminating’ means making available to the public; | 5. ‘disseminating’ means making available to the public and circulating further; |
Or. de
Amendment 200
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. ‘illicit manufacturing’ means the manufacturing or assembly of firearms, essential components thereof or ammunition carried out under any of the following circumstances: | |
| (a) where the marking required under Article 4 of Directive (EU) 2021/555 has not been affixed within the time limit specified therein, provided that the absence or inadequacy of such marking significantly impairs the traceability of the firearm or essential component in question. | |
| (b) where the firearms, essential components thereof or – for ammunition – any smallest unit of packaging does not bear the marking required under Article 4 of Directive (EU) 2021/555, and the absence or inadequacy of that marking significantly impairs the traceability of the items in question. | |
| For the purposes of this paragraph, the routine maintenance, repair or replacement of lawfully owned essential or non-essential components thereof shall not, in itself, constitute manufacture or assembly. |
Or. de
Amendment 201
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article2a | |
| 'Online environment conducive to firearms-related violence' means any online platform, service, community or other digital space where content or interactions promoting, encouraging, facilitating or glorifying the acquisition, possession or use of illicit firearms are made available or disseminated, and which may contribute to the normalisation of firearms-related violence or increase the risk of minors and young people being influenced towards such behaviour. |
Or. en
Amendment 202
Matthieu Valet
Proposal for a directive
Article 3 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that, where it is intentional, any of the following acts constitute a criminal offence, irrespective of whether it was committed online or offline: | 1. Member States shall ensure that, where committed intentionally and with knowledge of the unlawful nature of the facts or circumstances constituting it, any of the following acts constitute a criminal offence, irrespective of whether it was committed online or offline: |
Or. fr
Amendment 203
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the manufacturing or assembly of firearms, their essential components or ammunition carried out under any of the following circumstances: | (a) the manufacturing, conversion or assembly of firearms, their essential components or ammunition carried out under any of the following circumstances: |
Or. pl
Amendment 204
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 3 – paragraph 1 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) firearms trafficking, meaning the import, export, acquisition, sale, delivery, movement or transfer of firearms, essential components or ammunition from or through the territory of one Member State, or third country, to that of another Member State or third country, carried out under any of the following circumstances: | (b) firearms trafficking, meaning the import, export, acquisition, sale, delivery, movement or transfer of firearms, essential components or ammunition from or through the territory of one Member State, or third country, to that of another Member State or third country, as well as the financing of and brokering in such activities, carried out under any of the following circumstances: |
Or. pl
Amendment 205
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 3 – paragraph 1 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) firearms trafficking, meaning the import, export, acquisition, sale, delivery, movement or transfer of firearms, essential components or ammunition from or through the territory of one Member State, or third country, to that of another Member State or third country, carried out under any of the following circumstances: | (b) firearms trafficking, meaning the import, export, acquisition, sale, delivery, movement or transfer of firearms, essential components or ammunition within, from or through the territory of one Member State, carried out under any of the following circumstances: |
Or. en
Amendment 206
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 3 – paragraph 1 – point b – point ii a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (iia) it was authorised by the competent authority for a specific purpose, but the subsequent import, export, acquisition, sale, delivery, movement or transfer of the firearms, essential components or ammunition went beyond the purpose or scope for which the authorisation was granted; |
Or. en
Amendment 207
Verena Mertens
Proposal for a directive
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) creating, acquiring, possessing or sharing, a blueprint without authorisation; | (e) creating, acquiring, possessing or sharing, a blueprint without authorisation or other legal entitlement, or outside the scope of such authorisation or entitlement, |
Or. de
Amendment 208
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) creating, acquiring, possessing or sharing, a blueprint without authorisation; | (e) creating, acquiring, or possessing a blueprint with the intent of using it for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e); |
Or. en
Justification
Aligned with point (f) - if the dissemination is only a crime when one knows that they will be used for other crimes, then the same logic should apply to the acquisition of blueprints.
Amendment 209
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) creating, acquiring, possessing or sharing, a blueprint without authorisation; | (e) creating, acquiring, possessing or sharing, a blueprint without authorisation, where such authorisation is required, or for the purpose of committing an offence; |
Or. pl
Amendment 210
Verena Mertens
Proposal for a directive
Article 3 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) dissemination of blueprints knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). | (f) dissemination of blueprints without authorisation or beyond the scope of such authorisation knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). |
Or. de
Amendment 211
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) dissemination of blueprints knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). | (f) dissemination, making public, disclosing, lending of blueprints knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). |
Or. en
Amendment 212
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 3 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) dissemination of blueprints knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). | (f) dissemination or sharing of blueprints knowing that the blueprints may be used for the purpose of committing any of the offences referred to in points (a), (b), (d) and (e). |
Or. en
Amendment 213
Verena Mertens
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| For the purposes of subparagraphs (a), (b) and (d), an act shall be regarded as intentional only if the perpetrator is aware of the factual circumstances which render the act unlawful. |
Or. de
Amendment 214
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) modifying firearms in a way that changes their type, caliber, or intended use; |
Or. en
Amendment 215
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 1 – point f b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fb) violation of the prohibition on shipping firearms or ammunition via entities other than those specified in the national regulations of the Member State; |
Or. en
Amendment 216
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 1 – point f c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fc) converting weapons to fire blank ammunition to lethal weapon; |
Or. en
Amendment 217
Verena Mertens
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) Member States shall ensure that the acts referred to in paragraph 1 do not constitute a criminal offence under this Article where the offence is minor in nature and all the following conditions are met: | |
| (a) the offence was committed neither intentionally nor as a result of negligence; | |
| (b) it did not significantly impair the traceability of the firearms, essential components or ammunition concerned;and | |
| (c) it was not likely to facilitate the illicit manufacture, illicit trade, trafficking in firearms or the commission of any of the other offences referred to in paragraph 1. | |
| This paragraph shall be without prejudice to the application of proportionate administrative sanctions or measures under Union and national law. |
Or. de
Amendment 218
Verena Mertens
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the conduct referred to in paragraph 1 point (f), also constitutes a criminal offence where it is committed with at least serious negligence. | (2) Member States shall ensure that the conduct referred to in paragraph 1 point (f), also constitutes a criminal offence where it is committed with serious negligence. Gross negligence shall be deemed to be present only where the perpetrator manifestly and significantly breaches a specific duty of care laid down in Union or national law or arising from a licence, thereby creating a clear and foreseeable risk that the blueprints in question will be used to commit one of the offences referred to in paragraph 1(a), (b), (d) and (e). |
Or. de
Amendment 219
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the conduct referred to in paragraph 1 point (f), also constitutes a criminal offence where it is committed with at least serious negligence. | 2. Member States shall ensure that the conduct referred to in paragraph 1 point (f), also constitutes a criminal offence where it is committed with at least serious negligence, where the perpetrator foresaw the possibility of committing the crime and accepted it. |
Or. en
Amendment 220
Verena Mertens
Proposal for a directive
Article 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3(a) | |
| Authorisation procedure for digital blueprints | |
| Where the activities referred to in Article 3(1)(e) require authorisation under national law, Member States shall ensure that the applicable procedures and substantive requirements are clear, transparent and accessible. Information on these procedures and requirements shall be made publicly available. Decisions on applications must be reasoned, taken within a reasonable timeframe and subject to an effective administrative or judicial right of appeal. |
Or. de
Amendment 221
Sebastian Tynkkynen
Proposal for a directive
Article 4 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Inciting, aiding and abetting, and attempting | Inciting, aiding and abetting, attempting, and financing |
Or. fi
Amendment 222
Verena Mertens
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that inciting, aiding and abetting, the commission of a criminal offence referred to in Article 3 is punishable as a criminal offence, irrespective of whether it was committed online or offline. | (1) Member States shall ensure that incitement to commit any of the offences referred to in Article 3, as well as aiding and abetting the commission of such offences, constitute criminal offences. |
Or. de
Amendment 223
Sebastian Tynkkynen
Proposal for a directive
Article 4 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States shall ensure that the deliberate provision of financing for the commission of an offence referred to in Article 3(1) is punishable as a criminal offence, irrespective of whether it was committed online or offline. |
Or. fi
Amendment 224
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 4 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States shall ensure that the intentional recruitment, influence or exploitation of vulnerable young people for the use, trafficking or possession of firearms is punishable as a criminal offence. |
Or. en
Amendment 225
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 3 and 4, are punishable by effective, proportionate and dissuasive criminal penalties. | 1. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 3 and 4, are punishable by effective, proportionate, preventive and dissuasive criminal penalties. |
Or. en
Amendment 226
Malik Azmani, Raquel García Hermida-Van Der Walle, Sophie Wilmès
Proposal for a directive
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offences referred to in Article 3(1), points (a) and (b) are punishable by a maximum term of imprisonment of at least eight years; | (a) the criminal offences referred to in Article 3(1), points (a) and (b) are punishable by a maximum term of imprisonment of at least ten years; |
Or. en
Amendment 227
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offences referred to in Article 3(1), points (a) and (b) are punishable by a maximum term of imprisonment of at least eight years; | (a) the criminal offences referred to in Article 3(1), points (a) and (b) are punishable by a maximum term of imprisonment of at least 10 years; |
Or. en
Amendment 228
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the criminal offence referred to in Article 3(1), point (c), is punishable by a maximum term of imprisonment of at least four years; | (b) the criminal offence referred to in Article 3(1), point (c), is punishable by a maximum term of imprisonment of at least five years; |
Or. en
Amendment 229
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the criminal offence referred to in Article 3(1), point (d) is punishable by a maximum term of imprisonment of at least five years; | (c) the criminal offence referred to in Article 3(1), point (d) is punishable by a maximum term of imprisonment of at least six years; |
Or. en
Amendment 230
Malik Azmani, Raquel García Hermida-Van Der Walle, Sophie Wilmès
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the criminal offences referred to in Article 3(1), points (e) and (f), are punishable by a maximum term of imprisonment of at least two years. | (d) the criminal offences referred to in Article 3(1), points (e) and (f), are punishable by a maximum term of imprisonment of at least four years. |
Or. en
Amendment 231
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the criminal offences referred to in Article 3(1), points (e) and (f), are punishable by a maximum term of imprisonment of at least two years. | (d) the criminal offences referred to in Article 3(1), points (e) and (f), are punishable by a maximum term of imprisonment of at least four years. |
Or. en
Amendment 232
Malik Azmani, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 5 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) fines that are proportionate to the gravity of the act and to the individual financial and other circumstances of the natural person concerned and, where relevant, that are determined taking due account of the gravity and duration of the damage caused; | (a) fines that are proportionate to the gravity of the act and, where relevant, that are determined taking due account of the gravity and duration of the damage caused; |
Or. en
Amendment 233
Verena Mertens
Proposal for a directive
Article 5 – paragraph 3 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) withdrawal of permits and authorisations to possess and use any firearm, essential component or ammunition; | (d) withdrawal of licences and authorisations pertaining to the possession or use of firearms or ammunition, or to the carrying out of activities directly linked to the offence and used in the commission thereof, provided that such withdrawal is appropriate, necessary and proportionate in the individual case. |
Or. de
Amendment 234
Emil Radev
Proposal for a directive
Article 5 – paragraph 3 – point г a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) a temporary ban on the pursuit of a specific professional activity relating to firearms, essential components or ammunition; |
Or. bg
Justification
In recital 28, the Commission already provides for such a ban on the pursuit of a specific professional activity, but it is not included in the penalties and measures listed in Article 5 (3). We are bringing this into line with the European Commission's proposal.
Amendment 235
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 3 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) temporary bans on running for public office; | (e) temporary or pernament bans on running for public office; |
Or. en
Amendment 236
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 5 – paragraph 3 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offence committed and the penalties or measures imposed, which may include the personal data of convicted persons only in duly justified exceptional cases. | (f) where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offence committed and the penalties or measures imposed, which may include the personal data of convicted persons only in duly justified exceptional cases, except where the person is a minor. |
Or. en
Amendment 237
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 3 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) confiscation of property used to commit the crime; |
Or. en
Amendment 238
Sebastian Tynkkynen
Proposal for a directive
Article 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 5a | |
| Third-country nationals | |
| Where a third-country national commits any of the offences referred to in this Directive, it shall be possible to remove the person concerned from the territory of the Union. |
Or. fi
Amendment 239
Jadwiga Wiśniewska
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that legal persons can be held liable for the criminal offences referred to in Articles 3 and 4 where the criminal offences have been committed for the benefit of those legal persons by a person who has a leading position therein (the 'leading person') and who acts individually or as part of an organ of that legal person on the basis of any of the following: | 1. Member States shall ensure that legal persons can be held liable for the criminal offences referred to in Articles 3 and 4 where the criminal offences have been committed for the benefit of those legal persons by a person who has a leading position therein (the 'leading person') and who acts individually or as part of a management body of that legal person on the basis of any of the following: |
Or. en
Amendment 240
Verena Mertens
Proposal for a directive
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that legal persons can be held liable for criminal offences referred to in Articles 3 and 4 where the lack of supervision or control by a leading person has made possible, by a person under their authority, the commission of a criminal offence referred to in Articles 3 and 4, for the benefit of that person, a third person, or that legal person. | (2) Member States shall take the necessary measures to ensure that legal persons can be held liable for the criminal offences referred to in Articles 3 and 4 committed by a person under the authority of one of the persons referred to in paragraph 1, provided that the commission of the offence was enabled by a serious lack of supervision or control, consisting in the failure to put in place, prior to the commission of the offence, supervisory, oversight and compliance measures appropriate and proportionate to the nature and risks of the legal person’s activities, or in the failure to implement such measures effectively. |
Or. de
Amendment 241
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that legal persons can be held liable for criminal offences referred to in Articles 3 and 4 where the lack of supervision or control by a leading person has made possible, by a person under their authority, the commission of a criminal offence referred to in Articles 3 and 4, for the benefit of that person, a third person, or that legal person. | 2. Member States shall ensure that legal persons can be held liable for criminal offences referred to in Articles 3 and 4 where the lack of supervision or control by a leading person has made possible, by a person under their authority, the commission of a criminal offence referred to in Articles 3 and 4, for the benefit of that legal person. |
Or. en
Justification
Aligned with the criminal law model provisions - legal persons can only be liable if the crime was for their benefit, not for somebody else's.
Amendment 242
Jadwiga Wiśniewska
Proposal for a directive
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The liability of legal persons under paragraphs 1 or 2 shall not preclude criminal proceedings against natural persons who commit, incite or are accessories to the criminal offences referred to in Articles 3 and 4. | 3. The liability of legal persons under paragraphs 1 or 2 shall not preclude criminal proceedings against natural persons, who are not persons referred to in paragraph 1, who commit, incite or are accessories to the criminal offences referred to in Articles 3 and 4. |
Or. en
Amendment 243
Jadwiga Wiśniewska
Proposal for a directive
Article 7 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) exclusion from access to public funding, including tender procedures, grants and concessions; | (b) exclusion from access to public funding, including tender procedures, grants and concessions and revocation of previously granted licenses or authorizations; |
Or. en
Amendment 244
Jadwiga Wiśniewska
Proposal for a directive
Article 7 – paragraph 2 – point h a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ha) confiscation of property used to commit the crime; |
Or. en
Amendment 245
Verena Mertens
Proposal for a directive
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that where a legal person is held liable pursuant to Article 6 for criminal offences referred to in Article 3, the criminal offence is punishable by criminal or non-criminal fines. The amount of such fines shall be proportionate to the gravity of the act and to the individual, financial and other circumstances of the legal person. | (3) In determining the nature and level of sanctions or measures to be imposed on a legal person, Member States shall ensure that, where relevant, the following circumstances are taken into account: |
| (a) the nature, seriousness and duration of the offence; | |
| (b) the benefit obtained or sought; | |
| (c) the damage caused or the risk created; | |
| (d) whether the offence was committed repeatedly or systematically; | |
| (e) previous convictions for relevant offences; | |
| (f) the voluntary admission of the offence, cooperation with the competent authorities and the immediate implementation of remedial measures; | |
| (g) the measures taken to prevent the continuation or repetition of the offence;and | |
| (h) the legal person's financial means. |
Or. de
Amendment 246
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Articles 3 and 4, Member States shall take the necessary measures to ensure that, in relation to the criminal offences referred to in Articles 3, one or more of the following circumstances can, be regarded as an aggravating circumstance: | To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Articles 3 and 4, Member States shall take the necessary measures to ensure that, in relation to the criminal offences referred to in Articles 3, one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance: |
Or. en
Justification
Aligned with the criminal law model provisions.
Amendment 247
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 8 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offence involves 10 or more firearms; | (a) the criminal offence involves more than one firearm; |
Or. en
Amendment 248
Matthieu Valet
Proposal for a directive
Article 8 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offence involves 10 or more firearms; | (a) the criminal offence involves five or more firearms; |
Or. fr
Amendment 249
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offence involves 10 or more firearms; | (a) the criminal offence involves 1 or more firearms; |
Or. en
Amendment 250
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offence involves 10 or more firearms; | (a) the criminal offence involves 5 or more firearms; |
Or. en
Amendment 251
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 8 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the criminal offence involves Category A firearms, as set out in Annex I of Directive (EU) 2021/555; | (b) the criminal offence involves Category A or Category B firearms, as set out in Annex I of Directive (EU) 2021/555, or involves an air rifle or a converted alarm, signal and gas pistol ; |
Or. en
Amendment 252
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) the offence is an act of sabotage or other hostile activity carried out, supported or instigated by a third country as part of hostile hybrid activities; |
Or. pl
Amendment 253
Sebastian Tynkkynen
Proposal for a directive
Article 8 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the criminal offence was committed in the framework of a criminal organisation as defined in Article 1, point 1 ofCouncil Framework Decision 2008/841/JHA; | (d) the criminal offence was committed in the framework of a criminal organisation as defined in Article 1, point 1 of Council Framework Decision 2008/841/JHA, or in the framework of activities which, under national law, are considered to be the activities of an organised criminal organisation; |
Or. fi
Amendment 254
Verena Mertens
Proposal for a directive
Article 8 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the criminal offence was committed in the framework of a criminal organisation as defined in Article 1, point 1 ofCouncil Framework Decision 2008/841/JHA; | (d) the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA. |
Or. de
Amendment 255
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 8 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the criminal offence was committed in conjunction with another criminal offence in a public place; |
Or. en
Amendment 256
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the criminal offence caused serious physical injury to a person; | (e) the criminal offence caused serious physical injury to a person or a serious threat to a person's health arose; |
Or. en
Amendment 257
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 8 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the criminal offence caused serious physical injury to a person; | (e) the criminal offence caused serious physical or mental injury to a person; |
Or. en
Amendment 258
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the criminal offence caused serious physical injury to a person; | (e) the criminal offence led to serious physical injury to a person; |
Or. en
Justification
Trafficking of firearms does not immediately lead to shootings and injury. It may be a necessary condition, but not a sufficient one.
Amendment 259
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the criminal offence caused the death of a person; | (f) the criminal offence caused the death of a person or a serious threat of death arose; |
Or. en
Amendment 260
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the criminal offence caused the death of a person; | (f) the criminal offence led to the death of a person; |
Or. en
Justification
Trafficking of firearms does not immediately lead to shootings and death. It may be a necessary condition, but not a sufficient one.
Amendment 261
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) The criminal offence deliberately involved vulnerable young people, thereby exposing them to dangerous weapons at an early age; |
Or. en
Amendment 262
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ga) the criminal offence was committed by a former public official by using knowledge or information acquired in the course of performing their duties as an official; |
Or. en
Amendment 263
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – point j
| Text proposed by the Commission | Amendment |
|---|---|
| (j) the firearms are trafficked to or from a conflict or post-conflict area. | (j) the firearms are trafficked to or from a conflict or post-conflict area; a post-conflict area in this context being one where a significant amount of firearms is still in uncontrolled circulation; |
Or. en
Amendment 264
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) the criminal offence was committed by handing over a firearm to a minor, or by inciting, aiding or abetting a minor pursuant to Article 4; |
Or. en
Amendment 265
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) The criminal offence was promoted and glorified in an online environment conducive to firearms-related violence; |
Or. en
Amendment 266
Sebastian Tynkkynen
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) the firearms have been used in criminal offences against life and limb; |
Or. fi
Amendment 267
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) the crime was committed with the participation of, or by making use of, minors; |
Or. en
Amendment 268
Sebastian Tynkkynen
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (jb) the firearms have been used as part of hybrid influence operations; |
Or. fi
Amendment 269
Sebastian Tynkkynen
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (jc) the firearms have been used against the competent authorities; |
Or. fi
Amendment 270
Jadwiga Wiśniewska
Proposal for a directive
Article 8 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The criminal offence was committed out of a motive deserving of particular condemnation; |
Or. en
Amendment 271
Emil Radev
Proposal for a directive
Article 9 – paragraph 1 – point б a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) identifying or disrupting the activities of a criminal network, trafficking routes, supply chains or modus operandi; |
Or. bg
Amendment 272
Verena Mertens
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the perpetrator voluntarily reported the offence to the relevant authorities before it was discovered by other means, and provided useful assistance with the investigation; |
Or. de
Amendment 273
Jadwiga Wiśniewska
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) uncovering corrupt mechanisms and connections among public officials. |
Or. en
Amendment 274
Verena Mertens
Proposal for a directive
Article 9 – paragraph 1 – point d b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (db) the perpetrator has voluntarily recovered, handed over or secured the firearms, essential components, ammunition or digital manufacturing files in question, thereby preventing or limiting any harmful effects; |
Or. de
Amendment 275
Verena Mertens
Proposal for a directive
Article 9 – paragraph 1 – point d c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (dc) the offender has taken immediate and effective remedial measures to prevent the continuation or repetition of the offence. |
Or. de
Amendment 276
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take the necessary measures to ensure that effective and proportionate investigative tools, including tools which are used for organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in Articles 3 and 4. | Member States shall take the necessary measures to ensure that effective and proportionate investigative tools, including tools which are used for organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in Articles 3 and 4. When these tools are not available in a Member State, the Member State concerned shall be required to seek advice from other Member States on the tools. |
Or. en
Amendment 277
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take the necessary measures to ensure that effective and proportionate investigative tools, including tools which are used for organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in Articles 3 and 4. | Member States shall take the necessary measures to ensure that effective and modern investigative tools, including tools which are used for organised crime, terrorism, acts of sabotage or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in Articles 3 and 4. |
Or. pl
Amendment 278
Verena Mertens
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. | Member States shall adopt the measures necessary to ensure the secure identification, registration, storage and management of firearms, essential components thereof and ammunition seized in connection with the offences referred to in Articles 3 and 4. Firearms, essential components thereof and ammunition may only be destroyed or otherwise permanently disposed of if they have been the subject of a final confiscation order or have been voluntarily handed over for the express purpose of their destruction or permanent disposal. Destruction or disposal may only take place once the items are no longer required for evidential purposes, and with due regard for the rights of bona fide third parties. Where firearms, essential components and ammunition are disposed of by means other than destruction, Member States shall ensure that any sale or other transfer to the legal market is carried out solely by duly authorised dealers, firearms manufacturers or other persons authorised under the relevant Union and national law. |
Or. de
Amendment 279
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. | Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. Member States may, provided that new markings are applied, decide not to destroy such firearms, their essential components or ammunition, and to use them for security or defence purposes, including by transferring them to the armed forces, law enforcement agencies or other competent authorities of a Member State or a third country, in accordance with applicable Union and national law. |
Or. pl
Amendment 280
Jadwiga Wiśniewska
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. | Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal or permanent removal, provided that the firearms or essential components have been marked and the methods of disposal or permanent removal of those firearms, essential components and ammunition have been recorded. |
Or. en
Amendment 281
Jadwiga Wiśniewska
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. | Member States shall adopt, within their national legal systems, the measures necessary to prevent illicitly manufactured and trafficked firearms, essential components, projects and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons including measures to destroy those firearms, essential components and ammunition. Member States may decide on other ways of disposal, provided that the firearms or essential components have been marked and the methods of disposal of those firearms, essential components and ammunition have been recorded. |
Or. en
Amendment 282
Verena Mertens
Proposal for a directive
Article 11 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| If a seized item is not covered by a final and binding decision, it must be returned to its rightful owner without delay once no longer required for the purposes of the criminal proceedings, unless its possession is prohibited or there is another legal basis for its continued retention or destruction. |
Or. de
Amendment 283
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) at least eight years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least eight years; | (a) at least ten years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least eight years; |
Or. en
Amendment 284
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) at least five years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least five years; | (b) at least eight years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least five years; |
Or. en
Amendment 285
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) at least four years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least four years; | (c) at least six years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least four years; |
Or. en
Amendment 286
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) at least two years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least two years. | (d) at least four years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least two years. |
Or. en
Amendment 287
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 3 – point a – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (a) at least eight years from the date of the final conviction in either of the following cases: | (a) at least ten years from the date of the final conviction in either of the following cases: |
Or. en
Amendment 288
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 3 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) at least five years from the date of the final conviction in either of the the following cases: | (b) at least eight years from the date of the final conviction in either of the the following cases: |
Or. en
Amendment 289
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 3 – point c – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (c) at least four years from the date of the final conviction in either of the following cases: | (c) at least six years from the date of the final conviction in either of the following cases: |
Or. en
Amendment 290
Jadwiga Wiśniewska
Proposal for a directive
Article 12 – paragraph 3 – point d – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (d) at least two years from the date of the final conviction in either of the following cases: | (d) at least four years from the date of the final conviction in either of the following cases: |
Or. en
Amendment 291
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 13 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the offender is one of its nationals. | (c) the offender is one of its nationals or, in the case of a legal person, is established or registered in that Member State or conducts business within its territory; |
Or. pl
Amendment 292
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 13 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where a criminal offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, those Member States shall cooperate to determine which Member State is to conduct the criminal proceedings. The matter shall, where appropriate and in accordance with Article 12(2) of Council Framework Decision 2009/948/JHA13 , be referred to Eurojust. | 4. Where a criminal offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, those Member States shall cooperate to determine which Member State is to conduct the criminal proceedings. The matter shall, where appropriate and in accordance with Article 12(2) of Council Framework Decision 2009/948/JHA13 , be referred to Eurojust or make use of the help from Eurojust. |
| 13 (13)Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42, ELI: http://data.europa.eu/eli/dec_framw/2009/948/oj). | 13 (13)Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42, ELI: http://data.europa.eu/eli/dec_framw/2009/948/oj). |
Or. en
Amendment 293
Emil Radev
Proposal for a directive
Article 14 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the scope of this Directive as referred to in Article 1 and appropriate to the functions of such judges, prosecutors, police and judicial staff and competent authorities’ staff. | Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police, customs and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the scope of this Directive as referred to in Article 1 and appropriate to the functions of such judges, prosecutors, police, customs and judicial staff and competent authorities’ staff. The content of such training shall be regularly updated to take account of evolving threats and new technologies. |
Or. bg
Amendment 294
Jadwiga Wiśniewska
Proposal for a directive
Article 14 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the scope of this Directive as referred to in Article 1 and appropriate to the functions of such judges, prosecutors, police and judicial staff and competent authorities’ staff. | Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police, tax administration employees and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the scope of this Directive as referred to in Article 1 and appropriate to the functions of such judges, prosecutors, police and judicial staff and competent authorities’ staff. |
Or. en
Amendment 295
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall also provide training on detecting criminal activities online as a preventive measure. In addition, Member States shall take proactive measures, through the relevant persons, to raise awareness, particularly among vulnerable young people and the parents, of the use of firearms and its consequences. The trainers shall be able to provide guidance and information to both children and their parents. National firearm focal points may support these efforts. |
Or. en
Amendment 296
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each Member State shall designate a single National Firearms Focal Point, for coordination and cooperation at strategic and operational levels among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences. The National Firearms Focal Point shall perform at least the following tasks: | 1. Each Member State shall designate a single National Firearms Focal Point, for coordination and cooperation at strategic and operational levels among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences within 24 months, and shall inform the Commission thereof. The National Firearms Focal Point shall perform at least the following tasks: |
Or. en
Amendment 297
Sebastian Tynkkynen
Proposal for a directive
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each Member State shall designate a single National Firearms Focal Point, for coordination and cooperation at strategic and operational levels among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences. The National Firearms Focal Point shall perform at least the following tasks: | 1. While avoiding any increase in the administrative burden, each Member State shall designate a single National Firearms Focal Point for coordination and cooperation at strategic and operational levels among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences. The National Firearms Focal Point shall perform at least the following tasks: |
Or. fi
Amendment 298
Verena Mertens
Proposal for a directive
Article 15 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) gather, analyse and exchange information on firearms, their essential components, ammunition, and blueprints for strategic and operational purposes, within the limits set out in Union and national law; | (a) gather, analyse and transmit information on firearms, their essential components, ammunition and blueprints to the competent national authorities and, insofar as necessary for the performance of their tasks, to the competent authorities of other Member States and to the relevant Union institutions and other bodies, for strategic and operational purposes, within the limits set out in Union and national law. |
Or. de
Amendment 299
Geadis Geadi
Proposal for a directive
Article 15 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure the collection and recording of all information regarding seizures of firearms linked to criminal offences. This also requires all necessary access to national and international databases for the corresponding exchange of information, including the duties established in Article 17; | (c) ensure the collection and recording of all information regarding seizures of firearms linked to criminal offences. This also requires all necessary access to national and international databases for the corresponding exchange of information, including the duties established in Article 17, without prejudice to the right to restrict access to information concerning matters of national security; |
Or. en
Amendment 300
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 15 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) support criminal investigations, within the limits set out in applicable Union and national law, with particular emphasis on the tracing of firearms, as defined in Article 1(1), point 13, of Directive (EU) 2021/555; | (d) support criminal investigations online and offline, within the limits set out in applicable Union and national law, with particular emphasis on the tracing of firearms, as defined in Article 1(1), point 13, of Directive (EU) 2021/555; |
Or. en
Amendment 301
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 15 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) be the national point of contact at technical level for the requests of international assistance, specifically those from the European groups of practitioners working on matters relevant to combating firearms-related criminal offences and related infringements; | (e) be the national point of contact at technical level for the requests of international assistance and training, specifically those from the European groups of practitioners working on matters relevant to combating firearms-related criminal offences and related infringements; |
Or. en
Amendment 302
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 15 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) promote international cooperation. | (f) promote international cooperation with the support of Eurojust and Europol; |
Or. en
Amendment 303
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 15 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) Acting as a point of contact for persons seeking further information on the dangers associated with, for example, the use of firearms. |
Or. en
Amendment 304
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Fabienne Keller
Proposal for a directive
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the National Firearms Focal Points are established with an appropriate structure such as a dedicated unit, department, or centre, and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. | 2. Member States shall ensure that the National Firearms Focal Points are established with an appropriate structure such as a dedicated unit, department, or centre, and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. Adequate funding should be allocated for this purpose. |
Or. en
Amendment 305
Sebastian Tynkkynen
Proposal for a directive
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the National Firearms Focal Points are established with an appropriate structure such as a dedicated unit, department, or centre, and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. | 2. Member States shall ensure that the National Firearms Focal Points are established using an existing structure or an appropriate structure such as a dedicated unit, department, or centre, and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. |
Or. fi
Amendment 306
Jadwiga Wiśniewska
Proposal for a directive
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the National Firearms Focal Points are established with an appropriate structure such as a dedicated unit, department, or centre, and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. | 2. Member States shall ensure that the National Firearms Focal Points are established with an appropriate structure and allocated with sufficient staff and resources to ensure their continuous operation and effective functioning. |
Or. en
Amendment 307
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová
Proposal for a directive
Article 15 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Commission shall designate an overarching focal point through which the points referred to in paragraph 1, points (a) to (f), can exchange information and share best practices. This could be established within an existing institution, such as Eurojust. |
Or. en
Amendment 308
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Fabienne Keller
Proposal for a directive
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, within their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. | 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, within their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. The assistance may be provided through the overarching focal point. |
Or. en
Amendment 309
Matthieu Valet
Proposal for a directive
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, within their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. | 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States and in particular their customs authorities, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, in conjunction with Interpol and their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. |
Or. fr
Amendment 310
Emil Radev
Proposal for a directive
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, within their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. | 2. Without affecting the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, CEPOL, Eurojust, Europol, the European Public Prosecutor’s Office, and the Commission shall, within their respective scope of competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance. |
Or. bg
Amendment 311
Matthieu Valet
Proposal for a directive
Article 16 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States shall strengthen cooperation and controls at the external borders of the Union in order to prevent, detect and intercept illicit trafficking in firearms, essential components and ammunition. |
Or. fr
Amendment 312
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that seized firearms are registered using the minimum dataset set out in the Annex. | 1. Member States shall ensure that seized firearms are registered without undue delay using the minimum dataset set out in the Annex. |
Or. en
Amendment 313
Hannah Neumann
on behalf of the Verts/ALE Group
Proposal for a directive
Article 17 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17a | |
| Measures against online interfaces containing blueprints or making blueprints available to the public | |
| 1. Member States shall take the necessary measures to ensure the prompt removal of blueprints hosted in their territory and to endeavour to obtain the removal of such blueprints hosted outside their territory. | |
| 2. Member States may take measures to promptly block access to blueprints hosted outside the Union for internet users within their territory, when removal has proven impossible. Those measures shall be implemented in accordance with transparent procedures and accompanied by adequate safeguards, in particular to ensure that only the blueprints are blocked and no legal content is blocked, the restriction is limited to what is necessary and proportionate, and that users are informed of the reasons for the restriction. Those safeguards shall also include the possibility of judicial redress. |
Or. en
Amendment 314
Giuseppe Antoci
Proposal for a directive
Article 18 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall collect and maintain comprehensive, reliable and comparable statistical data on the offences referred to in Articles 3 and 4, on investigations, court cases and convictions, and on seizures and confiscations of firearms, essential components and ammunition. |
Or. it
Amendment 315
Mariusz Kamiński, Maciej Wąsik
Proposal for a directive
Article 18 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By 31 July of the sixth year following transposition, and then every five years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit to the Commission those data on a yearly basis. Those data shall, as a minimum, include existing data on: | 2. By 31 July of the sixth year following transposition, and then every five years thereafter, Member States, within the scope of existing tools, may submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit those data to the Commission on a yearly basis. Those data shall, as a minimum, include existing data on: |
Or. pl
Amendment 316
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 18 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By 31 July of the sixth year following transposition, and then every five years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit to the Commission those data on a yearly basis. Those data shall, as a minimum, include existing data on: | 2. By 31 July of the fifth year following transposition, and then every five years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit to the Commission those data on a yearly basis. Those data shall, as a minimum, include existing data on: |
Or. en
Amendment 317
Jadwiga Wiśniewska
Proposal for a directive
Article 18 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By 31 July of the sixth year following transposition, and then every five years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit to the Commission those data on a yearly basis. Those data shall, as a minimum, include existing data on: | 2. By 31 July of the fifth year following transposition, and then every four years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the five preceding years. Member States may submit to the Commission those data on a yearly basis. Those data shall, as a minimum, include existing data on: |
Or. en
Amendment 318
Giuseppe Antoci
Proposal for a directive
Article 18 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the number of convicted natural persons, disaggregated by criminal offence; | (d) the number of convicted natural persons, disaggregated by sex, age, criminal offence and, where available, other relevant socio-economic indicators; |
Or. it
Amendment 319
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 18 – paragraph 2 – point h a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ha) Newly designed firearms; |
Or. en
Amendment 320
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 18 – paragraph 2 – point h b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (hb) The number of seized firearms that can no longer be traced; |
Or. en
Amendment 321
Verena Mertens
Proposal for a directive
Article 21 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 October [eight year after the entry into force of this Directive] and of every five years thereafter, the Commission shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating firearms-related criminal offences. | By 31 October [four years after the entry into force of this Directive], the Commission shall submit a report to the European Parliament and the Council assessing the transposition, application and initial impact of this Directive. Subsequently, the Commission shall submit a report to the European Parliament and the Council every five years assessing the effectiveness, efficiency, relevance, coherence and Union added value of this Directive with regard to combating firearms-related criminal offences. The reports referred to in the first and second subparagraphs shall assess, in particular: |
| (a) the necessity, effectiveness and proportionality of the criminal offences, penalties and other measures laid down by this Directive, including the practical distinction between criminal offences and administrative offences and the application of Article 3(1a); | |
| (b) the Directive's ramifications for authorised manufacturers, dealers and other commercial market participants, in particular small and medium-sized enterprises, as well as legitimate research and innovation; | |
| (c) the implementation, effectiveness and proportionality of the provisions on digital manufacturing files and the measures provided for in Articles 17a and 17b, including their ramifications for legitimate industrial, scientific and professional activities and the rights concerned;and | |
| (d) the extent to which this Directive has contributed to preventing and combating the illicit manufacture of, and trafficking in, firearms, including offences linked to organised crime. | |
| Where appropriate, the reports shall be accompanied by a legislative proposal. |
Or. de
Amendment 322
Jadwiga Wiśniewska
Proposal for a directive
Article 21 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 October [eight year after the entry into force of this Directive] and of every five years thereafter, the Commission shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating firearms-related criminal offences. | By 31 October [eight year after the entry into force of this Directive] and of every four years thereafter, the Commission shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating firearms-related criminal offences. |
Or. en
Amendment 323
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 21 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 October [eight year after the entry into force of this Directive] and of every five years thereafter, the Commission shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating firearms-related criminal offences. | By 31 October [five year after the entry into force of this Directive] and of every five years thereafter, the Commission shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating firearms-related criminal offences. |
Or. en
Amendment 324
Verena Mertens
Proposal for a directive
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 July [eight years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. | By 31 July [four years after the entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of the reports referred to in paragraph 1. |
| This information shall include, where available, the statistical data referred to in Article 18, a summary of the transposition and application of this Directive, the measures taken pursuant to Articles 14 to 16, particularly in respect of cross-border cooperation, and the information necessary to assess the aspects referred to in paragraph 1. | |
| The Member States shall also provide specific information on the application of Article 8 and on how the aggravating circumstances applied have affected the level of penalties. |
Or. de
Amendment 325
Jadwiga Wiśniewska
Proposal for a directive
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 July [eight years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. | By 31 July [eight years after the date of entry into force of this Directive] and every four years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. |
Or. en
Amendment 326
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Fabienne Keller
Proposal for a directive
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 July [eight years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. | By 31 July [five years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. |
Or. en
Amendment 327
Jadwiga Wiśniewska
Proposal for a directive
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| By 31 July [eight years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. | By 31 July [six years after the date of entry into force of this Directive] and every five years thereafter, Member States shall provide the Commission with necessary information for the preparation of that report, including a summary of the implementation of this Directive and actions taken in accordance with Articles 14 to 16, with particular attention given to cross-border cooperation. The Member States shall also provide specific information on the implementation of Article 8 and which effect the aggravating circumstances used had on the level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions. |
Or. en
Amendment 328
Malik Azmani, Raquel García Hermida-Van Der Walle, Veronika Cifrová Ostrihoňová, Sophie Wilmès
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of entry into force of the Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months after the date of entry into force of the Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
Or. en
Amendment 329
Verena Mertens
Proposal for a directive
Annex I – point 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The classification of a weapon based on its most significant functional or mechanical differences. | The classification of a firearm under the categories set out in Annex I to Directive (EU) 2021/555, supplemented, where necessary, by the technical type of firearm (e.g. pistol, revolver, rifle). |
Or. de
Amendment 330
Verena Mertens
Proposal for a directive
Annex I – point 2 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The name of the manufacturer, or licensed trade name under which the weapon is marketed, which appears as part of the weapon’s unique marking at manufacture or import. Where the weapon bears both a corporate manufacturer name and a different brand/trade name, the make is the primary manufacturer/brand name engraved on the essential components. | The name of the manufacturer, or licensed trade name under which, in accordance with Article 4(2) of Directive (EU) 2021/555, the weapon is marketed, which appears as part of the weapon’s unique marking at manufacture or import. Where the weapon bears both a corporate manufacturer name and a different brand/trade name, the make is the primary manufacturer/brand name engraved on the essential components. |
Or. de
Amendment 331
Verena Mertens
Proposal for a directive
Annex I – point 5 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| A number of characters, which could include numbers and letters, engraved physically in different essential components of a weapon to register univocally that particular item and which serve to trace the weapon from the manufacture to the last legal owner. | A number of characters, which could include numbers and letters, engraved physically in different essential components of a weapon to register univocally that particular item in accordance with Article 4 of Directive (EU) 2021/555, and to trace the weapon from the manufacture to the last legal owner. |
Or. de