1 Implementation
of UN Firearms Protocol
| (31703)
10963/10
+ ADDs 1-2
COM(10) 273
| Draft Regulation implementing Article 10 of the United Nations' Firearms Protocol and establishing export authorisation, import and transit measures for firearms, their parts and components and ammunition
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| Legal base | Article 207 TFEU; co-decision; QMV
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| Document originated | 31 May 2010
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| Deposited in Parliament | 14 June 2010
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| Department | Business, Innovation and Skills
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| Basis of consideration | EM of 6 July 2010 and Minister's letter of 21 March 2011
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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 | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
1.1 Article 10 of the United Nations Firearms Protocol (UNFP)
— which both the EU and its Member States (including the
UK) have signed, but not yet ratified — requires contracting
parties to establish general requirements for export, import and
transit or authorisation systems in order to address the illicit
manufacturing and trafficking of firearms, their parts and components
and ammunition, and to ensure that all the states involved are
aware of, and have consented to, any such activities.
The current proposal
1.2 Following consultations with stakeholders in 2006 and
2007, the Commission put forward in May 2010 this draft Regulation
in order to give legal effect within the EU to the Article in
question insofar as it applies to exports outside the EU, but
it does not affect intra-EU transfers. In particular, it would:
- require an authorisation from the Member State in which an
exporter is resident for the export of those firearms, parts,
essential components and ammunition listed in Annex I to the Regulation,
this authorisation being valid for a period of at least 12 months,
to be determined by the Member State, and subject to considerations
of national foreign and security policy, the intended end use,
and the applicant having no previous criminal record of illicit
trafficking firearms;
- require the authorising Member State to verify
that the importing third country has issued an import authorisation,
and that any third countries of transit have prior to shipment
given written notice that they have no objection (though tacit
consent will be assumed if no objections are received within 20
days, subject to the exporter supplying documentary evidence that
the third country has no objection);
- require authorisation documents to include, for
the purpose of tracing, information on the date and place of issue,
the countries of export and import and (where applicable) third
countries of transit, the names of the consignee and final recipient,
and details of the consignment;
- enable a simplified procedure to apply to the
temporary export of firearms for verifiable lawful purposes, including
hunting, sport shooting, evaluation, exhibitions and repair, where
this is supported by appropriate documentation.
1.3 The proposal also lists a number of activities
to which it would not apply. These include state to state transactions
or transfers; firearms destined for military use; those destined
for the armed forces, police and public authorities of Member
States; recognised collectors and those concerned with the cultural
or historical aspects of firearms; deactivated firearms; antique
firearms manufactured before 1899 and replicas (as defined in
national legislation); and shipments by sea and through ports
of third countries, provided there is no trans-shipment or change
of means of transport.
The Government's view
1.4 We first received from the Minister of State
for Business and Enterprise at the Department for Business, Innovation
and Skills (Mr Mark Prisk) an Explanatory Memorandum of 6 July
2010, in which he said that the UK had not been consulted recently
on the measures in the proposal, and that, although it already
had in place most of what would be required as regards export
authorisation, it would be necessary to seek views across a number
of Government Departments and industry representatives before
a proper judgement could be made of the policy implications. He
also said that there had not been a chance to prepare a UK Impact
Assessment, but that this would be provided once consultation
with the Commission, other Member States and industry had taken
place, and a proper assessment of the costs and benefits had been
made.
1.5 In view of this, our Chairman wrote to the
Minister, saying that, if we were to take an informed view of
the proposal, it would be sensible to await that assessment before
deciding whether (and in what terms) to report the document to
the House. He added that, in the meantime, we intended to hold
the document under scrutiny.
1.6 We have now received from the Minister a
letter of 21 March 2011, saying that it is not yet possible to
provide a UK-specific Impact Assessment until certain points have
been clarified further in discussions between officials in Brussels.
However, he has been able to identify a number of points on the
proposal which give rise to concern. These include:
- a need to clarify that the
definition of firearm, currently based on the Combined Nomenclature
Code, excludes those which are intended for military purposes;
- the need to clarify the definition of trans-shipment;
- the extent to which the definition of export
authorisation might prove restrictive compared with current UK
licensing arrangements;
- the distinction to be drawn between "transfers"
and "transactions", and the inclusion or otherwise of
collectors and deactivated firearms;
- clarification of the definition of replicas;
- the difficulty of making an import authorisation
a pre-requisite, given that many countries do not issue these;
- the problem of providing documentary proof that
tacit approval has been given by an importing state;
- the difficulty faced by exporters in providing
supporting documentation;
- the need to strike an appropriate balance as
regards the proposals for simplification.
Conclusion
1.7 Whilst the aim of this proposal —
to give legal effect within the EU to the relevant Article of
the UN Firearms Protocol — is not in question, it is clear
that there are still a number of outstanding questions about the
detailed provisions which the Commission has proposed in order
to achieve this. Consequently, whilst we are now in a position
to report these to the House, we think it right to continue to
hold the document under scrutiny, pending further clarification
and in particular the provision of a UK-specific Impact Assessment.
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