Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification)

• Date of Signature: 24 March 2021
• Published date: 06 April 2021
• Official Gazette Publication: Official Journal of the European Union, L 115, 6 April 2021

6.4.2021 EN Official Journal of the European Union L 115/1

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DIRECTIVE (EU) 2021/555 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 24 March 2021

on control of the acquisition and possession of weapons

(codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Council Directive 91/477/EEC (3) has been substantially amended several times (4). In the interests of clarity and rationality, that Directive should be codified.

(2) Directive 91/477/EEC established an accompanying measure for the internal market. It created a balance between, on the one hand, the commitment to ensure a certain freedom of movement for some firearms and their essential components within the Union, and, on the other hand, the need to control that freedom using security guarantees suited to those products.

(3) Police intelligence evidence shows an increase in the use of converted weapons within the Union. It is therefore essential to ensure that such convertible weapons are included within the definition of ‘firearm’ for the purposes of this Directive.

(4) The activities of a dealer include not only the manufacturing but also the modification or conversion of firearms, essential components and ammunition, such as the shortening of a complete firearm, leading to a change in their category or subcategory. Purely private, non-commercial activities, such as hand-loading and reloading of ammunition from ammunition components for own use, or modifications of firearms or essential components owned by the person concerned, such as changes to the stock or sight, or maintenance to address wear and tear of essential components, should not be considered to be activities that only a dealer would be permitted to undertake.

(5) For the purposes of this Directive, the definition of ‘broker’ should cover any natural or legal person, including partnerships, and the term ‘supply’ should be deemed to include lending and leasing. Since brokers provide services similar to those supplied by dealers, they should also be covered by this Directive in respect of the obligations of dealers that are relevant to brokers’ activities, to the extent that they are in a position to fulfil those obligations and in so far as those obligations are not fulfilled by a dealer as regards the same underlying transaction.

(6) It is useful to determine categories of firearms the acquisition and possession of which by private persons should be prohibited or should be subject to authorisation or declaration.

(7) Authorisations for the acquisition and possession of firearms should, as far as possible, involve a single administrative procedure.

(8) Once firearms are lawfully acquired and possessed in accordance with this Directive, national provisions concerning the carrying of weapons, hunting or target shooting should apply.

(9) This Directive does not affect the right of Member States to take measures to prevent illegal trade in weapons.

(10) It is necessary that Member States keep a computerised data-filing system, either centralised or decentralised, which guarantees to authorised authorities access to the data-filing systems in which the necessary information regarding each firearm is recorded. Access by police, judicial and other authorised authorities to the information contained in the computerised data-filing system must be subject to compliance with Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(11) In order to increase the traceability of all firearms and essential components and to facilitate their free movement, all firearms or their essential components should be marked with a clear, permanent and unique marking and registered in the data-filing systems of the Member States.

(12) The records held in the data-filing systems should contain all information allowing a firearm to be linked to its owner and should record the name of the manufacturer or brand, the country or place of manufacture, the type, make, model, calibre and serial number of the firearm and any unique marking applied to the frame or receiver of the firearm. Essential components other than the frame or receiver should be recorded in the data-filing systems under the record relating to the firearm to which they are to be fitted.

(13) In order to facilitate the tracing of weapons, it is necessary to use alphanumeric codes and to include in the marking the year of manufacture of the weapon, if the year is not part of the serial number.

(14) To prevent markings from being easily erased and to clarify to which essential components the marking should be affixed, common Union rules on marking are necessary. Those rules should apply only to firearms or essential components manufactured or imported into the Union on or after 14 September 2018, when they are placed on the market, while firearms and parts manufactured or imported into the Union before that date should remain covered by the marking and registration requirements under Directive 91/477/EEC that were applicable until that date.

(15) Due to the special nature of the activity of dealers and of brokers, it is necessary that Member States exercise strict control over such activity, in particular by verifying the professional integrity and abilities of dealers and of brokers.

(16) In view of the dangerous nature and durability of firearms and essential components, in order to ensure that competent authorities are able to trace firearms and essential components for the purpose of administrative and criminal proceedings and taking into account national procedural law, it is necessary that records in the data-filing systems be retained for a period of 30 years after the destruction of the firearms or essential components concerned. Access to those records and all related personal data should be restricted to competent authorities and should be permitted for only up to 10 years after the destruction of the firearm or essential components concerned, for the purpose of granting or withdrawing authorisations or for customs proceedings, including the possible imposition of administrative penalties, and for up to 30 years after the destruction of the firearm or essential components concerned, where that access is necessary for the enforcement of criminal law.

(17) The efficient sharing of information between dealers and brokers, on the one hand, and national competent authorities, on the other, is important for the effective operation of the data-filing systems. Dealers and brokers should therefore provide information without undue delay to the national competent authorities. To facilitate that, national competent authorities should establish a means of electronic connection accessible to dealers and brokers, which can include submission of the information by email or directly through a database or other registry.

(18) As a general rule, the acquisition of firearms by persons convicted by a final court judgment of certain serious criminal offences should be prohibited.

(19) Member States should have a monitoring system in place in order to ensure that the conditions for a firearms authorisation are met throughout its duration. Member States should decide whether or not the assessment is to involve a prior medical or psychological test.

(20) Without prejudice to national laws addressing professional liability, the assessment of relevant medical or psychological information should not be presumed to assign any liability to the medical professional or other persons providing such information where firearms possessed in accordance with this Directive are misused.

(21) Firearms and ammunition should be stored in a secure manner when not immediately supervised. If stored otherwise than in a safe, firearms and ammunition should be stored separately from each other. When the firearm and ammunition are to be handed over to a carrier for transport, that carrier should be responsible for proper supervision and storage. Criteria for proper storage and for safe transportation should be defined by national law, taking into account the number and category of the firearms and ammunition concerned.

(22) This Directive should not affect Member States’ rules which allow lawful transactions involving firearms, essential components and ammunition to be arranged by means of mail order, the internet or distance contracts as defined in Directive 2011/83/EU of the European Parliament and of the Council (5), for example by way of online auction catalogues or classified advertisements, telephone or email. However, it is essential that the identities of parties to such transactions and their lawful ability to enter into such transactions be capable of being checked and actually checked. As regards purchasers, it is therefore appropriate to ensure that their identity and, where relevant, the fact that they are authorised to acquire a firearm, essential components or ammunition be checked by a licensed or authorised dealer or broker, or by a public authority or a representative of such authority, prior to, or at the latest upon, delivery.

(23) For the most dangerous firearms, strict rules should be laid down in this

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