report parliamentary committee draft, 26 June 2026
On the proposal for a directive of the European Parliament and of the Council on combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council
Document LIBE-PR-790203 · (COM(2026)0102 – C100060/2026 – 2026/0059(COD))
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Evin Incir
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Draft european parliament legislative resolution 562 paragraphs
(COM(2026)0102 – C100060/2026 – 2026/0059(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2026)0102),
–having regard to Article 294(2) and Article 83(1) and (2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100060/2026),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the opinion of the European Economic and Social Committee of ... ,
–having regard to Rule 60 of its Rules of Procedure,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2026),
1.Adopts its position at first reading hereinafter set out;
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Read the rest (550 paragraphs)
Amendment 1
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 and often serves as an enabler for other criminal activities. Preventing and combating firearms trafficking is a priority for the Union and the Member States, both within the territory of the Union and in relations with third countries. |
Or. en
Amendment 2
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. 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, coordinated and effective response. This rise is also caused by the continuation and the emergence of both armed conflicts and internal disturbances outside the Union, which heavily rely on firearms, both licit and illicit, which can then circulate far beyond the zone in which they were used and be brought into the Union. |
Or. en
Amendment 3
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 has, over the last years, evolved to include 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. As recognized in the recommendations laid down in the 2024 UN Resolution 12/3 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 20241a, 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. So-called “ghost weapons” have appeared in multiple criminal investigations across the Union. |
| 1a Conference of the Parties to the United Nations Convention against Transnational Organized Crime’s Resolution 12/3 entitled ‘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’, https://www.unodc.org/documents/treaties/COP12/Resolutions/E/Resolution_12_3.pdf |
Or. en
Amendment 4
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, illicitly converting, modifying, repairing or upgrading alarm and signal weapons, salute and acoustic weapons or firearms and illicitly mounting a firearm on an unmanned system should be considered as illicit manufacturing as the manipulation done without the required dealer authorisation under Directive (EU) 2021/555 is considered as manufacturing. |
Or. en
Amendment 5
Proposal for a directive
Recital 11 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (11a) Illicit brokering of firearms should be considered as illicit firearms trafficking or trading 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 illicit firearms trafficking, illicit trading, illicit manufacturing or a combination thereof 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 as broker or dealer is an essential element in the definition of firearms trafficking and illicit trading. While illicit trading can occur within a Member State, between Member States, or between Member States and third countries, illicit trafficking is, by definition, transnational. |
Or. en
Amendment 6
Proposal for a directive
Recital 11 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (11b) It is also necessary to ensure that the conduct of inciting, aiding and abetting, and attempting to commit any of those offenses is criminalized. The notion of ‘attempt’ should be interpreted in accordance with national law. |
Or. en
Amendment 7
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 and legal persons 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. |
Or. en
Amendment 8
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. Taking into account the evolution of the threat, the possession, accessing, distribution and creation of blueprints should be criminalised in all Member States. 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 the research and innovative development of the sector. |
| 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 9
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 making blueprints available to the public due to their inherently expansive nature. Once a blueprint is made available to the public online, it rapidly becomes uncontrollable, creating a cycle where it is copied and spread across numerous platforms, evading traditional oversight. Making blueprints available to the public should therefore constitute a criminal offence in any circumstance, conversely to the offences of creating, acquiring, possessing, and making blueprints available to unauthorized natural or legal persons. The focus should be on preventing making blueprints available to the public by establishing stringent liability standards that require serious negligence over criminal intent to constitute an offence. |
Or. en
Amendment 10
Proposal for a directive
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) With regard to the criminal offence of making blueprints available to the public as defined in this Directive, the notion of ‘serious negligence’ should be interpreted in accordance with national law, taking into account the relevant case law of the Court of Justice. This Directive does not require the introduction into national law of the notion of ‘serious negligence’ for each constituent element of the criminal offence. In such cases, it is possible for Member States to decide that the notion of ‘serious negligence’ is relevant for elements of the criminal offence such as the ‘likelihood’ of the conduct enabling the commission of other crimes as defined under national law, or that it can be interpreted differently according to the duty of care a natural or legal person should have complied with under the relevant national laws. |
Or. en
Amendment 11
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. | deleted |
Or. en
Amendment 12
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 demonstrated by shootings that have occurred in many Member States, 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. |
Or. en
Amendment 13
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 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, which requires strong supervision and control, and the criminalisation of the failure to exercise such supervision and control. 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. en
Amendment 14
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 more than one firearm, or of a Category A or B firearm, or cases where the crime was committed by involving minors. If the criminal offence was committed in an environment where there is a reasonable concern that the firearm(s) could be used for criminal purposes, 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 15
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. | deleted |
Or. en
Amendment 16
Proposal for a directive
Recital 29
| Text proposed by the Commission | Amendment |
|---|---|
| (29) This Directive should apply without affecting the general rules and principles of national criminal law on the sentencing or the execution of sentences in accordance with the specific circumstances in each individual case. It should be possible for Member States to determine the most appropriate types of accessory penalties or measures. In particular, if the withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence can be imposed as a penalty under national law, Member States should ensure that judges or courts are able to either impose such a penalty themselves or that another competent authority is informed and can act in accordance with national procedural rules. | (29) This Directive should apply without affecting the general rules and principles of national criminal law on the sentencing or the execution of sentences in accordance with the specific circumstances in each individual case, including considerations regarding age, cognitive capacity, or the degree of coercion to which the alleged offender was subjected. It should be possible for Member States to determine the most appropriate types of accessory penalties or measures. In particular, if the withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence can be imposed as a penalty under national law, Member States should ensure that judges or courts are able to either impose such a penalty themselves or that another competent authority is informed and can act in accordance with national procedural rules. |
Or. en
Amendment 17
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, including special 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
Amendment 18
Proposal for a directive
Recital 30 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (30a) The investigation and prosecution of offences covered by this Directive frequently require the coordinated use of investigative measures, including special investigative tools, in several Member States. Effective judicial and police coordination is necessary to ensure the legality, necessity, proportionality and effectiveness of such measures and to facilitate the collection and admissibility of evidence across jurisdictions. Within their mandates, Europol and Eurojust should support the competent national authorities by facilitating cooperation and coordination between those authorities, including, for the judicial authorities, in relation to the execution of European Investigation Orders and the coordinated deployment of investigative measures in cross-border investigations. |
Or. en
Amendment 19
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
|---|---|
| (31) Member States should be able to take all the necessary measures in accordance with Directive (EU) 2024/1260 of the European Parliament and of the Council8 . To ensure terminological consistency with other firearms legislative instruments such as the UN Protocol and the Firearms Regulation, the term "seizure" should be used in this Directive. In the context of seizing firearms, essential components and ammunition, ‘seizing’ should be understood as ‘freezing’ as outlined in Directive (EU) 2024/1260. | (31) For the purpose of this Directive, Member States should be able to take all necessary measures in accordance with Directive (EU) 2024/1260 of the European Parliament and of the Council22. To ensure terminological consistency with other firearms legislative instruments such as the UN Protocol and the Firearms Regulation, the term "seizure" should be used in this Directive. In the context of seizing firearms, essential components and ammunition, ‘seizing’ should be understood as ‘freezing’ as outlined in Directive (EU) 2024/1260. Any equipment used for the commission of any of the offences defined in this Directive, including 3D printers, Computer Numerical Cutting (CNC) metal milling machines or similar computer-operated systems, can also, in accordance with national law, be considered as instrumentalities of crime and seized as part of the investigations. |
| 8 (8)Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation, (OJ L, 2024/1260, 2.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1260/oj) | 8 (8)Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation, (OJ L, 2024/1260, 2.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1260/oj) |
Or. en
Amendment 20
Proposal for a directive
Recital 32 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (32a) As supported by scientific evidence, the fight against firearms-related offences is rendered more efficient when it includes prevention and demand-reduction actions. To finance the preventive and awareness campaigns under this Directive, which should focus on reducing the demand for illicit firearms and limiting the risk of minors enrolling into such criminal networks, Member States should, in accordance with their national laws, allocate a portion of the assets confiscated as part of criminal investigations in the area of firearms-related crime to that purpose. This Directive also encourages the Member States to organize voluntary firearms surrender campaigns and provides for different methods of disposal, including the destruction of both seized and surrendered firearms, with the objective of curbing the quantity of illicit firearms in circulation. |
Or. en
Amendment 21
Proposal for a directive
Recital 33
| Text proposed by the Commission | Amendment |
|---|---|
| (33) Given, in particular, the mobility of offenders, together with the cross-border nature of criminal offences defined in this Directive and the possibility of cross-border investigations being carried out, Member States should establish jurisdiction in order to combat such offences effectively. Where a criminal offence falls within jurisdiction of more than one Member State, the Member States concerned should cooperate to determine which Member State is best placed to prosecute, including via Eurojust's assistance on the basis of Regulation (EU) 2018/1727 of the European Parliament and of the Council9 . A given Member State should establish jurisdiction over criminal offences committed on board a ship or an aircraft registered in that Member State, or flying its flag, taking into account related standards under relevant international conventions. | (33) Given, in particular, the mobility of offenders, together with the cross-border nature of criminal offences defined in this Directive and the possibility of cross-border investigations being carried out, Member States should establish jurisdiction in order to combat such offences effectively. Where a criminal offence falls within jurisdiction of more than one Member State, the Member States concerned should cooperate to determine which Member State is best placed to prosecute, including via Eurojust's support on the basis of Regulation (EU) 2018/1727 of the European Parliament and of the Council23. A given Member State should establish jurisdiction over criminal offences committed on board a ship or an aircraft registered in that Member State, or flying its flag, taking into account related standards under relevant international conventions |
| 9 (9)Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138, , ELI: http://data.europa.eu/eli/dec/2014/164/oj). | 9 (9)Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138, , ELI: http://data.europa.eu/eli/dec/2014/164/oj). |
Or. en
Amendment 22
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 and by making use of training programmes funded at Union level, including the training provided by the European Union Agency for Law Enforcement Training (CEPOL) under Regulation (EU) 2015/2219 of the European Parliament and of the Council1a. 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. |
| 1a Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA (OJ L 319, 4.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2219/oj)._________________ |
Or. en
Amendment 23
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 by means of a co-ordinated collection, analysis and sharing of information and development of technical expertise and analysis capable of enhancing the knowledge of the threats, and better informing national law enforcement agencies, especially in support of investigations. 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. Those National Firearms Focal Points should also act as entry points for the relevant Union agencies and bodies, notably the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council1a, Eurojust and CEPOL, when conducting activities in the field of combatting illicit firearms, and in accordance with their respective mandates under Regulations (EU) 2016/794, (EU) 2018/1727 and (EU) 2015/2219. |
| 1a 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, p. 53, ELI: http://data.europa.eu/eli/reg/2016/794/oj). |
Or. en
Amendment 24
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 and Europol. The global character of firearms trafficking and other firearms-related criminal offences necessitates an international answer. It is essential that Members 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
Amendment 25
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. Relevant professionals, including journalists and researchers, should also be able to obtain such authorisations, subject to a case-by-case assessment by competent national authorities in accordance with national law. Member States may cooperate to facilitate the joint testing of blueprints and the mutual recognition of the results of these tests. |
Or. en
Amendment 26
Proposal for a directive
Recital 37 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37a) Electronic evidence is increasingly relevant for the investigation and prosecution of offences covered by this Directive. Such evidence may include communications data, transactional records, online marketplace data, and digital files relating to the manufacture, conversion, acquisition, or trafficking of firearms, essential components, and ammunition, including technical blueprints and computer-aided design files. In cross-border investigations involving electronic evidence stored or processed in other Member States, competent authorities should make full use of the instruments provided for under Union law, with Eurojust facilitating coordination, within its mandate, in relation to the use of European Production Orders and European Preservation Orders. |
Or. en
Amendment 27
Proposal for a directive
Recital 37 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37b) The fight against firearms-related criminal activities should be extended to the online sphere, including by tackling making blueprints available to the public, inciting the commission of any of the criminal conduct covered by this Directive or recruiting minors online. Member States’ efforts to reduce the circulation of blueprints, including by cooperating with third countries under this Directive, should be without prejudice to Regulations (EU) 2021/7841a and (EU) 2022/20651b of the European Parliament and of the Council. Online content constituting or facilitating criminal offences referred to in this Directive should be subject to measures pursuant to Regulations (EU) 2021/784 and (EU) 2022/2065 as regards illegal content. In particular, Regulation (EU) 2022/2065 requires platforms to minimize the risks of exposing users, including children and young people, to illegal and harmful content online, and Regulation (EU) 2021/7842 lays down uniform rules to address the misuse of hosting services for the making available to the public of terrorist content online. | |
| 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, p. 79, ELI: http://data.europa.eu/eli/reg/2021/784/oj). | |
| 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, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). |
Or. en
Amendment 28
Proposal for a directive
Recital 37 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37c) Blueprints constitute a specific type of content which cannot be construed as the expression of an opinion but, on the contrary, enables users with criminal intent to manufacture illicit firearms. To combat such activities, and in addition to criminalising the uploading, downloading or sharing of such content on a publicly accessible website, it is necessary to reduce the circulation of blueprints by ensuring their removal. With a view to supporting the Union’s efforts to combat firearms trafficking, Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers located within the territory of those third countries. |
Or. en
Amendment 29
Proposal for a directive
Recital 37 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37d) 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´). |
Or. en
Amendment 30
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 two years following transposition, and every five years thereafter. |
Or. en
Amendment 31
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. To address the quick dispersion of illicit firearms and increase the efficiency of cross-border police and judicial cooperation, Member States should take the necessary measures to ensure that data on seized firearms are entered into the repository as soon as possible after the seizure, and in any case no later than 48 hours following that seizure. Such data should be shared with Europol instantaneously through the common repository and, at the latest, on a weekly basis. |
Or. en
Amendment 32
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 and tested 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
Amendment 33
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive establishes minimum rules concerning the definition of criminal offences and penalties in the area of firearms, as well as measures to improve cross-border cooperation and rules for the establishment of a minimum dataset on firearms seizures. | Without prejudice to Directive (EU) 2021/555 and Regulation (EU) 2025/41, this Directive establishes minimum rules concerning the definition of criminal offences and penalties for criminal conduct in the area of firearms, as well as measures to improve cross-border cooperation and rules for the establishment of a minimum dataset on firearms seizures. |
Or. en
Amendment 34
Proposal for a directive
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. ‘disseminating’ means making available to the public; | deleted |
Or. en
Amendment 35
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. ‘criminal environment’ means an environment where there are reasonable grounds to suspect that a firearm could be used for criminal purposes; |
Or. en
Amendment 36
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6b. ‘illicit manufacturing’ means the manufacturing or assembly of firearms, their essential components or ammunition carried out under any of the following circumstances: | |
| (a) from any essential component of such firearms illicitly trafficked; | |
| (b) without an authorisation issued in accordance with Article 4 of Directive (EU) 2021/555 by a competent authority of the Member State where the manufacture or assembly takes place; or | |
| (c) without marking firearms and essential components at the time of manufacture in accordance with Article 4 of Directive (EU) 2021/555; |
Or. en
Amendment 37
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6c. ‘illicit trading’ means the import, export, acquisition, sale, delivery, movement or transfer of firearms, essential components or ammunition within the territory of a Member State, 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: | |
| (a) any of the Member States or third countries concerned does not authorise it in accordance with Directive (EU) 2021/555, Regulation (EU) 2025/41, the UN Firearms Protocol or applicable national laws; or | |
| (b) the firearms or essential components are not marked in accordance with Article 4 of Directive (EU) 2021/555 or Article 6 of Regulation (EU) 2025/41; |
Or. en
Amendment 38
Proposal for a directive
Article 2 – paragraph 1 – point 6 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6d. ‘illicit trafficking’ means 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: | |
| (a) any of the Member States or third countries concerned does not authorise it in accordance with Directive (EU) 2021/555, Regulation (EU) 2025/41, the UN Firearms Protocol or applicable national laws; or | |
| (b) the firearms, essential components or ammunition are not marked in accordance with Article 4 of Directive (EU) 2021/555 or Article 6 of Regulation (EU) 2025/41. |
Or. en
Amendment 39
Proposal for a directive
Article 3 – paragraph 1 – point a
| 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 illicit manufacturing or assembly of: |
| (i) firearms, or essential components; or | |
| (ii) ammunition; | |
| (i) from any essential component of such firearms illicitly trafficked; or | |
| (ii) without an authorisation issued in accordance with Article 4 of Directive (EU) 2021/555 by a competent authority of the Member State where the manufacture or assembly takes place; or | |
| (iii) without marking firearms and essential components at the time of manufacture in accordance with Article 4 of Directive (EU) 2021/555; |
Or. en
Amendment 40
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the illicit trading of: | |
| (i) firearms or essential components; or | |
| (ii) ammunition; |
Or. en
Amendment 41
Proposal for a directive
Article 3 – paragraph 1 – point b
| 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) the illicit trafficking of: |
| (i) firearms, or essential components; or | |
| (ii) ammunition; | |
| (i) any of the Member States or third countries concerned does not authorise it in accordance with Directive (EU) 2021/555, Regulation (EU) 2025/41, the UN Firearms Protocol or applicable national laws; or | |
| (ii) the firearms, essential components or ammunition are not marked in accordance with Article 4 of Directive (EU) 2021/555 or Article 6 of Regulation (EU) 2025/41; |
Or. en
Amendment 42
Proposal for a directive
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) possession of firearms, their essential components and ammunition without authorisation or declaration in accordance with Directive (EU) 2021/555; | (d) possession of: |
| (i) firearms, or their essential components; or | |
| (ii) ammunition; | |
| without authorisation or declaration in accordance with Directive (EU) 2021/555; |
Or. en
Amendment 43
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 making available a blueprint to unauthorised natural or legal persons without authorisation or without right; |
Or. en
Amendment 44
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) making blueprints available to the public. |
Or. en
Amendment 45
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States may provide that paragraph 1, point (d) (ii) shall not apply to cases of minor gravity involving the unauthorized possession of ammunition. |
Or. en
Amendment 46
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, where a natural person commits an offence referred to in Articles 3 and 4, the criminal offence is punishable by effective, proportionate and dissuasive criminal penalties. |
Or. en
Amendment 47
Proposal for a directive
Article 5 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall take the necessary measures to ensure that: | 2. Member States shall ensure that: |
Or. en
Amendment 48
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)(i), (aa)(i) and (b)(i) are punishable by a maximum penalty of imprisonment of at least eight years; |
Or. en
Amendment 49
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 penalty of imprisonment of at least four years; |
Or. en
Amendment 50
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 offences referred to in Article 3(1), points (a)(ii), (aa)(ii), (b)(ii) and (d)(i) are punishable by a maximum penalty of imprisonment of at least five years; |
Or. en
Amendment 51
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 (d)(ii), (e) and (f), are punishable by a maximum penalty of imprisonment of at least two years. |
Or. en
Amendment 52
Proposal for a directive
Article 5 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that natural persons who have committed the criminal offences as referred to in Articles 3 and 4 may be subject to accessory criminal or non-criminal penalties or measures including the following: | 3. Member States shall ensure that natural persons who have committed criminal offences as referred to in Articles 3 and 4 may be subject to accessory criminal or non-criminal penalties or measures including the following: |
Or. en
Amendment 53
Proposal for a directive
Article 5 – paragraph 3 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) temporary bans on running for public office; | deleted |
Or. en
Amendment 54
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. | deleted |
Or. en
Amendment 55
Proposal for a directive
Article 5 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may ensure that natural persons who have committed criminal offences as referred to in Articles 3 and 4 may be subject to the accessory criminal or non-criminal penalties or measures of temporary bans on running for public office. |
Or. en
Amendment 56
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 natural person who has a leading position within that legal person, and who acts individually or as part of an organ of that legal person on the basis of any of the following (‘leading person’): |
Or. en
Amendment 57
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 natural person under their authority, the commission of a criminal offence referred to in Articles 3 and 4, for the benefit of that natural person, a third person, or that legal person. |
Or. en
Amendment 58
Proposal for a directive
Article 7 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Effective, proportionate and dissuasive criminal or non-criminal penalties or measures may include criminal or non-criminal fines and shall include accessory criminal or non-criminal penalties or measures, such as: | 2. Effective, proportionate and dissuasive criminal or non-criminal penalties or measures shall include criminal or non-criminal fines and may include accessory criminal or non-criminal penalties or measures, such as: |
Or. en
Amendment 59
Proposal for a directive
Article 7 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) withdrawal of permits and authorisations to pursue activities which have resulted in the criminal offence; | (d) withdrawal of permits and authorisations to pursue activities which have resulted in the relevant criminal offence; |
Or. en
Amendment 60
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. 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 conduct and to the individual, financial and other circumstances of the legal person. |
Or. en
Amendment 61
Proposal for a directive
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that for criminal offences referred to in Article 3(1), points (a) and (b), the maximum level of fines referred to in paragraph 3 of this Article is not less than one of the following amounts, whichever is higher: | 4. Member States shall ensure that the maximum level of such fines is not less than one of the following amounts, whichever is higher: |
| (a) for criminal offences covered by Article 3(1) points (a)(i), (aa)(i), (b)(i) and (d)(i): | |
| (a) 20% of the total worldwide turnover of the legal person, either in the business year preceding that in which the criminal offence was committed or in the business year preceding the decision to impose the fine; | (i) 20% of the total worldwide turnover of the legal person, either in the business year preceding that in which the criminal offence was committed or in the business year preceding the decision to impose the fine; |
| (b) an amount corresponding to EUR 10 million; | (ii) an amount corresponding to EUR 10 million; |
| (b) for criminal offences referred to in Article 3(1), points (a)(ii), (aa)(ii), b(ii), (c), (d)(ii), (e) and (f): | |
| (i) 10% of the total worldwide turnover of the legal person, either in the business year preceding that in which the criminal offence was committed or in the business year preceding that of the decision to impose the fine; | |
| (ii) an amount corresponding to EUR 5 million. |
Or. en
Amendment 62
Proposal for a directive
Article 7 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that for criminal offences referred to in Article 3(1), points (c) to (f), the maximum level of fines referred to in paragraph 3 of this Article is not less than one of the following amounts, whichever is higher: | deleted |
| (a) 10% of the total worldwide turnover of the legal person, either in the business year preceding that in which the criminal offence was committed or in the business year preceding that of the decision to impose the fine; | |
| (b) an amount corresponding to EUR 5 million. |
Or. en
Amendment 63
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, the following circumstances shall, be regarded as an aggravating circumstance: |
Or. en
Amendment 64
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 65
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. en
Amendment 66
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 of Council Framework Decision 2008/841/JHA; | (d) the criminal offence was committed in the framework of a criminal environment, including a criminal organisation as defined in Article 1, point 1 of Council Framework Decision 2008/841/JHA; |
Or. en
Amendment 67
Proposal for a directive
Article 8 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the firearm was carried in a public place, in another location where the public usually gathers, or inside a vehicle in such a location; |
Or. en
Amendment 68
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) the firearms were diverted or stolen from an authorized or legal stock belonging to, or placed under the responsibility of, a legal person, a public body, or a public authority; |
Or. en
Amendment 69
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (jb) the criminal offence was committed by involving minors. |
Or. en
Amendment 70
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 are available for investigating or prosecuting criminal offences referred to in Articles 3 and 4. Where appropriate, those tools shall include special investigative tools, such as those used in combatting organised crime or in other serious criminal cases. |
Or. en
Amendment 71
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 destroy those firearms, essential components and ammunition that were seized, surrendered or otherwise obtained by their authorities. 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 72
Proposal for a directive
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take the necessary measures to provide for a sufficient limitation period after the commission of criminal offences referred to in Articles 3 and 4, which is commensurate to the gravity of the criminal offences and that enables the investigation, prosecution, trial and adjudication of those criminal offences to be tackled effectively. Member States shall take the necessary measures to provide for a sufficient limitation period following a final conviction for criminal offences referred to in Articles 3 and 4 that enables the enforcement of the penalties imposed. | 1. Member States shall take the necessary measures to provide for a sufficient limitation period after the commission of criminal offences referred to in Articles 3 and 4, which is commensurate to the gravity of the criminal offences and that enables the investigation, prosecution, trial and adjudication of those criminal offences to be tackled effectively. |
Or. en
Amendment 73
Proposal for a directive
Article 12 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The limitation period referred to in paragraph 1, first sentence, for the criminal offences referred to in Article 3 shall be as follows: | 2. The limitation period referred to in paragraph 1 shall be as follows: |
Or. en
Amendment 74
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 eight years from the commission of a criminal offence punishable by a maximum penalty of imprisonment of at least eight years; |
Or. en
Amendment 75
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 five years from the commission of a criminal offence punishable by a maximum penalty of imprisonment of at least five years; |
Or. en
Amendment 76
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 four years from the commission of a criminal offence punishable by a maximum penalty of imprisonment of at least four years; |
Or. en
Amendment 77
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 two years from the commission of a criminal offence punishable by a maximum penalty of imprisonment of at least two years. |
Or. en
Amendment 78
Proposal for a directive
Article 12 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The limitation period referred to in paragraph 1, second sentence, for the criminal offences referred to in Article 3 shall be as follows: | 3. Member States shall take the necessary measures to provide for a sufficient limitation period following a final conviction for the criminal offences referred to in Articles 3 and 4 that enables the enforcement of the penalties imposed following that conviction: |
Or. en
Amendment 79
Proposal for a directive
Article 12 – paragraph 3 – point a – point ii
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least eight years; | (ii) a penalty of imprisonment for a criminal offence punishable by a maximum penalty of imprisonment of at least eight years; |
Or. en
Amendment 80
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 five years from the date of the final conviction in either of the following cases: |
Or. en
Amendment 81
Proposal for a directive
Article 12 – paragraph 3 – point b – point ii
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least five years; | (ii) a penalty of imprisonment for a criminal offence punishable by a maximum penalty of imprisonment of at least five years; |
Or. en
Amendment 82
Proposal for a directive
Article 12 – paragraph 3 – point c – point ii
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least four years. | (ii) a penalty of imprisonment for a criminal offence punishable by a maximum penalty of imprisonment of at least four years. |
Or. en
Amendment 83
Proposal for a directive
Article 12 – paragraph 3 – point d – point ii
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least two years. | (ii) a penalty of imprisonment for a criminal offence punishable by a maximum penalty of imprisonment of at least two years. |
Or. en
Amendment 84
Proposal for a directive
Article 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 12a | |
| Prevention | |
| 1. Member States shall take appropriate measures, such as providing education and training, with particular attention to the online dimension, to discourage firearms-related criminal offenses and to reduce the demand for illicit firearms. | |
| 2. Member States shall take appropriate action, including through the internet, such as information and awareness-raising campaigns, as well as research and education programmes, aimed at raising awareness and reducing the risk of persons, including children, becoming involved in firearms-related criminal offences. Where appropriate, such action shall be carried out in cooperation with relevant civil society organisations, including recognised and active non-governmental organisations working with victims of crime, and other stakeholders. Specific attention shall be given to points (e) and (f) of Article 3. | |
| 3. Member States may, in accordance with their applicable national law, organise or fund voluntary firearms surrender campaigns. For the disposal of the firearms, essential components, and ammunition collected in this way, Member States shall apply the rules laid down in Article 11. | |
| 4. Member States shall allocate a portion of the assets confiscated in application of Directive (EU) 2024/1260 in relation to firearms-related investigations and convictions for the offenses referred to in Articles 3 and 4, to fund the actions referred to in paragraphs 1 to 3 of this Article. |
Or. en
Amendment 85
Proposal for a directive
Article 13 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each Member State shall establish its jurisdiction over the criminal offences referred to in Articles 3 and 4 where any of the following applies: | 1. Each Member State shall establish its jurisdiction over the criminal offences referred to in Articles 3 and 4: |
Or. en
Amendment 86
Proposal for a directive
Article 13 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the criminal offence was committed in whole or in part within its territory; | (a) the criminal offence is committed in whole or in part within its territory; |
Or. en
Amendment 87
Proposal for a directive
Article 13 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the criminal offence was committed on board a ship or an aircraft registered in that Member State or flying its flag; | (b) the criminal offence is committed on board a ship or an aircraft registered in that Member State or flying its flag; |
Or. en
Amendment 88
Proposal for a directive
Article 13 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the criminal offence is committed for the benefit of a legal person in respect of any business done in whole or in part on its territory; | (c) the criminal offence is committed for the benefit of a legal person in respect of any business carried out in whole or in part on its territory; |
Or. en
Amendment 89
Proposal for a directive
Article 13 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the offender is one of its officials who acts in his or her official duty. |
Or. en
Amendment 90
Proposal for a directive
Article 13 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In cases referred to in paragraph 1(c), each Member States shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to either of the following conditions: | deleted |
| (a) the acts are a criminal offence at the place where they were carried out; | |
| (b) the prosecution can be initiated only following a transmission of information from the State of the place where the criminal offence was committed. |
Or. en
Amendment 91
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. To that end, they shall, where appropriate, make use of the support provided by Eurojust in accordance with Regulation (EU) 2018/1727 or refer the matter to Eurojust in accordance with Article 12(2) of Council Framework Decision 2009/948/JHA27. |
| 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 92
Proposal for a directive
Article 13 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. In the cases referred to in paragraph 1, point (c), Member States shall ensure that the exercise of their jurisdiction is not subject to the condition that the acts are a criminal offence at the place where they were carried out, nor that a prosecution can be initiated only following a report made by the victim in the Member State on the territory of which the criminal offence was committed, or a denunciation from the Member State, on the territory of which the criminal offence was committed. |
Or. en
Amendment 93
Proposal for a directive
Article 13 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 13a | |
| Resources | |
| Member States shall ensure that national authorities which detect, investigate and prosecute criminal offences referred to in Articles 3 and 4 and the body referred to in Article 15 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. |
Or. en
Amendment 94
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. |
Or. en
Amendment 95
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 and shall immediately inform the Commission thereof. The National Firearms Focal Point shall perform at least the following tasks: |
Or. en
Amendment 96
Proposal for a directive
Article 15 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) promote international cooperation. | (f) promote and engage in international cooperation, including by supporting Europol, Eurojust and CEPOL. |
Or. en
Amendment 97
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. |
Or. en
Amendment 98
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. en
Amendment 99
Proposal for a directive
Article 16 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States may decide to facilitate the joint testing of blueprints suspected to be designed for manufacturing firearms, essential components or ammunition. | 3. Member States may decide to facilitate the joint testing of blueprints suspected to be designed for manufacturing firearms, essential components or ammunition. To that end, by … [18 months from the date of entry into force of this Directive], the Commission shall adopt an implementing act to establish a database containing recognised and tested blueprints. |
Or. en
Amendment 100
Proposal for a directive
Article 16 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The implementing act referred to in paragraph 3 shall be adopted in accordance with the examination procedure referred to in Article 19a. |
Or. en
Amendment 101
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 using the minimum dataset set out in the Annex as soon as possible and in any case no later than 48 hours following the seizure or, where relevant, the completion of the formal identification following forensic examination. |
Or. en
Amendment 102
Proposal for a directive
Article 17 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17a | |
| Measures against the advertising of illicit firearms-related conduct | |
| Member States shall take appropriate measures to prevent or prohibit the making available to the public of material advertising, or offering the opportunity to commit, any of the offences referred to in Articles 3 and 4. |
Or. en
Amendment 103
Proposal for a directive
Article 17 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17b | |
| 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 for internet users within their territory. Those measures shall be implemented in accordance with transparent procedures and accompanied by adequate safeguards, in particular to ensure that 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 104
Proposal for a directive
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that a digital system is in place for the collection, development, productions and dissemination of anonymised statistical data on the criminal offences referred to in Articles 3 and 4. | 1. Member States shall ensure that a digital system is in place for the collection, productions and dissemination of anonymised statistical data on the criminal offences referred to in Articles 3 and 4. |
Or. en
Amendment 105
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 second year following transposition, and then every two years thereafter, Member States shall submit to the Commission the statistical data referred to in paragraph 1 for the two preceding years. Member States may submit to the Commission those data on a yearly basis. The Commission shall, every two years, publish a report based on the statistical data transmitted by the Member States. For the purposes of the report, those data shall, as a minimum, include existing data on: |
Or. en
Amendment 106
Proposal for a directive
Article 18 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall provide, in a digital manner, the data on seized firearms registered in accordance with Article 17(1) to Europol, at least once a month. | 3. Member States shall provide, in a digital manner, the data on seized firearms registered in accordance with Article 17(1) to Europol, where possible in real-time and, at the latest, on a weekly basis. |
Or. en
Amendment 107
Proposal for a directive
Article 19 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19a | |
| Committee procedure | |
| 1. The Commission shall be assisted by the Committee on Firearms established under Article 20 of Directive (EU) 2021/555. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. | |
| 2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |
Or. en
Amendment 108
Proposal for a directive
Article 19 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19b | |
| Freedom of the press and freedom of expression in other media | |
| This Directive shall be without prejudice to special liability regimes relating to fundamental principles on the freedom of the press and freedom of expression in protected media which exist in Member States as of … [20 days from the date of entry into force of this Directive], provided that such regimes can be applied in full compliance with the Charter. |
Or. en
Amendment 109
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] 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 110
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 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
Annex: declaration of input 5 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she included in her report input on matters pertaining to the subject of the file that she received, in the preparation of the draft report from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:
| 1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register |
| Non-Violence Project Foundation |
| The Swedish National Council for Crime Prevention (Brottsförebyggande rådet, BRÅ) |
| European Association of Manufacturing Technologies (CECIMO) |
| Victim Support Europe |
| The Swedish Ministry of Justice |
| Sweden’s National Firearms Focal Point (NFFP) - the Swedish Customs and the Swedish Police Authority |
| Permanent Representation of Sweden to the European Union |
| Europol |
| Eurojust |
| CEPOL |
| The European Commission |
| United Nations Office on Drugs and Crime (UNODC) |
| 2. Representatives of public authorities of third countries, including their diplomatic missions and embassies |
| None |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
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