5 Control of the acquisition and possession
of firearms
| (27403)
7258/06
COM(06) 93
| Draft Directive amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
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| Legal base | Article 95 EC; co-decision; QMV
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| Document originated | 2 March 2006
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| Deposited in Parliament | 5 April 2006
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| Department | Home Office |
| Basis of consideration | EM of 22 June 2006
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Legally important
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| Committee's decision | Not cleared; further information requested
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The Document
5.1 In 1991, the Council adopted a Directive to regulate the acquisition
and possession of firearms within the EC and introduced a Community
licensing system for the import and export of firearms.[9]
5.2 In 2002, the Commission, on behalf of the EC,
signed the United Nations Protocol to "promote, facilitate
and strengthen co-operation among States Parties in order to prevent
combat and eradicate the illicit manufacturing of and trafficking
in firearms, their parts and components and ammunition".
The Protocol supplements the UN Convention Against Transnational
Organised Crime.
5.3 The purpose of this draft Directive is to amend
the 1991 Directive to bring it into line with the Protocol. In
summary, the draft Directive:
- amends the definitions of "illicit
manufacturing" and "illicit trafficking";
- creates a requirement to mark firearms at the
time of manufacture or transfer from government stocks;
- increases from five to ten years the period during
which records of receipt or disposal of firearms must be kept;
- requires illicit manufacturing and trafficking
in firearms or tampering with markings to be made criminal offences;
and requires that such offences should be punishable by a confiscation
order;
- requires Member States to introduce penalties
for infringements of national law to give effect to the Directive
and provides that the penalties must be effective, proportionate
and dissuasive; and
- establishes principles for the de-activation
of firearms.
The Government's view
5.4 The Parliamentary Under-Secretary at the Home
Office (Mr Vernon Coaker) tells us that the Government welcomes
the broad aim of amending the 1991 Directive to reflect the relevant
requirements of the Protocol. However, the Government questions
whether there is a legal base in the EC Treaty for the proposed
requirements for the creation of criminal offences and criminal
sanctions. The Government will raise the issue during the negotiations
and will then report back to us.
Conclusion
5.5 We are grateful to the Minister for his clear
and helpful Explanatory Memorandum. We share his doubt that the
EC Treaty provides power to require Member States to create criminal
offences and penalties for them. Provision for police and judicial
co-operation in criminal matters is made in Title VI of the EU
Treaty, not in Article 95 of the EC Treaty.
5.6 We shall, therefore, keep the draft Directive
under scrutiny pending the report on the negotiations which the
Minister has offered to send us.
9 Council Directive 91/477/EEC: OJ No. L 256, 13.9.1991,
p.51. The Directive does not apply to the acquisition or possession
of firearms by the armed forces, the police or recognised collectors. Back
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