13 Firearms and the internal security
of the EU
| (35448)
15369/13
COM(13) 716
| Commission Communication: Firearms and the internal security of the EU: protecting citizens and disrupting illegal trafficking
|
| Legal base | —
|
| Document originated | 21 October 2013
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| Deposited in Parliament | 30 October 2013
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| Department | Home Office
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| Basis of consideration | EM of 14 November 2013
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| Previous Committee Report | None
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| Discussion in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 The UN Firearms Protocol is one of three Protocols to
the United Nations Convention against Transnational Organised
Crime. It entered into force in July 2005 and seeks to promote
cooperation in preventing, combating and eradicating the illicit
manufacture of, and trafficking in, firearms, their component
parts and ammunition. We have recently considered a draft Council
Decision authorising the EU to ratify those parts of the Firearms
Protocol that are within EU competence.[45]
The Firearms Protocol and the recently adopted United Nations
Arms Trade Treaty establish an international framework for controlling
the transfer of, and trade in, firearms and weaponry.
13.2 The EU already has in place minimum harmonised
rules on the acquisition, possession and movement of firearms
for lawful civilian uses which were adopted in 1991, in anticipation
of the lifting of internal border controls on 1 January 1993.[46]
The so-called Firearms Directive is intended to ensure public
safety within the EU internal market and was amended in 2008 to
bring it into line with the requirements of the Firearms Protocol
by, for example, strengthening the rules on record keeping, the
marking and registration of weapons (to improve traceability),
and including provision for regulating the activities of brokers.[47]
A further Directive, adopted in 2009, establishes harmonised
rules and procedures for the transfer between Member States of
defence-related products (including firearms and ammunition),
whilst a 2012 Regulation harmonises procedures for authorising
the export of non-military firearms to third (non-EU) countries
in line with the Firearms Protocol.[48]
Other EU measures include Common Positions (replacing an earlier
Code of Conduct) on the control of exports of military technology
and equipment and on the control of arms brokering, as well as
a Strategy agreed in 2005 to combat the illicit accumulation and
trafficking of small arms, light weapons and their ammunition.
Action to disrupt illicit manufacturing and trafficking in firearms
is one of the EU's law enforcement priorities for tackling serious
international and organised crime for the period 2014-17.
13.3 Through these measures, the Commission suggests,
the EU has sought:
"a balanced approach to regulating the lawful
circulation of civilian (i.e. non-military) firearms in the internal
market, to disrupting the illicit circulation and use of civilian
firearms, and to [developing] standards on the transfer and brokering
of conventional military arms."[49]
The Commission Communication
13.4 The Commission estimates that there are
approximately 80 million legally-held civilian firearms in the
EU. Whilst recognising that these firearms have legitimate civilian
uses, the Commission also highlights the devastating impact for
citizens and communities if they fall into the wrong hands. It
notes the involvement of organised crime in the illegal production,
importation and sale of firearms, as well as their use by "terrorists
and extremists" to instil fear and carry out mass killings.
Since the mid-1990s, powerful military grade weapons have been
trafficked to the EU from areas of conflict in the EU's neighbourhood,
and there is a growing online trade in firearms and their components,
as well as concerns that non-lethal weapons (such as air guns
or alarm guns) are being illegally converted into lethal weaponry.
13.5 The purpose of the Communication is to propose
"an integrated policy" to address, by means of legislation,
operational action, training and EU funding, the manifold security
risks associated with the misuse of all types of firearms, civilian
or military, whether obtained legally or illicitly. It responds
to calls from the European Parliament for more action to "identify
and to address vulnerabilities in the lifecycle of firearms, to
safeguard lawful production, sale and possession of firearms,
to disrupt criminal supply chains and to deter illicit use".[50]
13.6 The Communication identifies four priority
areas of activity, each accompanied by a set of tasks to be undertaken
between 2014 and 2017. These are listed in Annex 1 at the end
of this chapter and include:
- Safeguarding the licit market for civilian
firearms by:
- clarifying which firearms are banned and which
require a licence;
- establishing an EU standard on the marking of
firearms, components and ammunition; and
- simplifying the rules for firearms licensing
and considering the need for compulsory registration and screening
of brokers.
- Reducing the diversion of firearms into
criminal hands by:
- updating controls on the sale and illegal manufacture
or diversion of firearms, with a particular focus on arms fairs
and online sales;
- preventing theft and loss of legally-held firearms;
- reducing the threat of diversion from third (non-EU)
countries; and
- promoting destruction rather than deactivation
as the preferred means of disposal of surplus firearms.
- Increasing pressure on criminal markets
by:
- updating guidance to law enforcement officers;
- strengthening cross-border cooperation to prevent
illegal possession and circulation of firearms;
- building cooperation to trace firearms used by
criminals; and
- strengthening deterrence by ensuring greater
consistency amongst Member States in the definition of criminal
offences associated with the misuse of firearms and in the level
of criminal sanctions.
- Building a better intelligence picture
by:
- gathering more accurate and comprehensive data
on firearms-related crime; and
- better targeting of law enforcement training.
13.7 The Commission says that it will only put
forward new and proportionate legislative proposals if they are
necessary, after carrying out further, thorough analysis of the
problems identified in the Communication and the underlying causes,
and consulting stakeholders. The timing of any new legislative
action will be determined by a report to be produced by the Commission
by July 2015 on the application of the existing Firearms Directive.[51]
The Government's view
13.8 The Minister for Crime Prevention (Norman
Baker) says that the UK has comprehensive firearms controls as
well as "some of the toughest gun laws in the world".[52]
He expresses the Government's full support for the general objectives
of the Communication, which seek to protect citizens and disrupt
illegal trafficking in firearms, and notes that the Government's
recent Serious and Organised Crime Strategy (published in October
2013) highlights the threat presented by illegal firearms and
the need to do more to develop effective counter measures and
capabilities. He particularly welcomes discussions on strengthening
cooperation, improving intelligence sharing, and increasing pressure
on criminal markets.
13.9 Turning to the justification for further
action at EU level, the Minister continues:
"Overall the objective of protecting citizens
and disrupting illegal trafficking is, by reason of the international
nature of the problem, better addressed at the Union level. Therefore,
we are satisfied that this is a proper area of Europe-wide discussion,
and that proposals for collaborative working between Member States
complies (sic) with the principle of subsidiarity."[53]
13.10 He adds that any legislative proposals
brought forward by the Commission in 2015 will require separate
analysis to determine whether they are compliant with the subsidiarity
principle.
Conclusion
13.11 Protecting citizens against the misuse
of firearms and establishing better controls on illegal trafficking
are clearly of paramount importance. We think it a leap of faith
to conclude, as the Minister suggests, that these general objectives,
"by reason of the international nature of the problem",
can be better addressed at EU level. We note that some of the
ideas put forward in the Communication — for example, the
introduction of mandatory health checks to supplement existing
criminal record checks — may prove to be contentious. We
are therefore pleased to note that no new legislation will be
proposed until the Commission has undertaken a further, thorough
analysis and produced an accompanying impact assessment. Once
it has done so, we expect the Government to provide a far more
detailed assessment of the legal and policy implications of, and
justification for, further EU action. Meanwhile, we are content
to clear the Communication from scrutiny while drawing it to the
attention of the House.
45 See (34793) 7933/13: HC 86-xxxix (2012-13), chapter
10 (24 April 2013). Back
46
Council Directive 91/477/EEC, OJ No. L 256, 13.09.91, p.51. Back
47
See Directive 2008/51/EC, OJ No. L 179, 08.07.08. Back
48
See Regulation 258/2012, OJ No. L 94, 30.03.12. Back
49
See p.7 of the Communication. Back
50
See p.7 of the Communication. Back
51
See Article 1(12) of Directive 2008/51/EC amending Council Directive
91/477/EEC on the acquisition and possession of weapons. Back
52
See para 16 of the Minister's Explanatory Memorandum. Back
53
See para 14 of the Minister's Explanatory Memorandum. Back
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