Europese Raad implementeert VN-protocol over handel in vuurwapens (en)
COUNCIL OF THE EUROPEAN UNION
Brussels, 8 March 2012
PRESSE 89
Exports of firearms: implementation of United Nations
protocol
The Council today1 adopted a regulation laying down rules on export authorisation for firearms for the purpose of implementing article 10 of the United Nations protocol against the illicit manufacturing of and trafficking in firearms (41/11 and ADD 1 REV 1).
The purpose of the UN firearms protocol is to promote, facilitate and strengthen cooperation in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in small arms such as handguns and pistols. Its article 10 requires in particular to implement or improve administrative procedures or systems to exercise effective control over the manufacturing, marking, import and export of firearms
The protocol, which entered into force on 3 July 2005, supplements the UN Convention against Transnational Organized Crime (UNTOC), the main international instrument to counter organized crime
Scope
The regulation will complete the process of transposition into EU law of the provisions of the UN firearms protocol
The regulation focuses on measures in respect of import and export of firearms for civilian use, whereas directive 91/477/EEC on control of the acquisition and possession of weapons addresses transfers within the EU
It does not affect article 346 of the EU treaty concerning the essential interests of the security of the EU member states, and has no impact on directive /EC on the terms and conditions of transfers of defence-related products within the EU
The decision was taken without discussion at the Justice and Home Affairs Council meeting. It follows an agreement with the European Parliament at first reading
Cooperation between EU member states
The regulation contains a list of firearms, their parts and essential components and ammunition for which an export authorisation will be required. Such authorisation will be granted by the authorities of the member state where the exporter is established
Member states will establish direct cooperation and exchange of information between their respective competent authorities
Before issuing an export authorisation for firearms, the member state concerned will verify that the importing third country has authorised the import and that countries of transit have no objection to the transit
In deciding whether or not to grant an export authorisation, member states will take into account the obligations of relevant international export control arrangements and treaties; considerations of national foreign and security policy; the intended end use of firearms and the risk of diversion. In case of suspicion, they will request the importing third country to confirm receipt of the dispatched shipment of firearms
They will also take into account whether an authorisation has been refused by the competent authorities of another member state