Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance)

Article 1

Scope

Article 2

Persons and entities authorised to deactivate firearms

Deactivation of firearms shall be carried out by public or private entities or by individuals authorised to do so in accordance with national legislation.

Article 3

Verification and certification of deactivation of firearms

Article 4

Requests for assistance

Any Member State may request the assistance of the entities authorised to deactivate firearms or designated as verifying entities by another Member State in order to carry out or verify the deactivation of a firearm, respectively. Subject to acceptance of the request, where such request concerns the verification of the deactivation of a firearm, the verifying entity providing assistance shall issue a deactivation certificate in accordance with Article 3(4).

Article 5

Marking of deactivated firearms

Deactivated firearms shall be marked with a common unique marking in accordance with the template set out in Annex II to indicate that they have been deactivated in accordance with the technical specifications set out in Annex I. The marking shall be affixed by the verifying entity to all essential components modified for the deactivation of the firearm and shall fulfil the following criteria:

(a) it is clearly visible and irremovable;

(b) it bears information on the Member State where the deactivation has been carried out and the verifying entity that certified the deactivation;

(c) the original serial number(s) of the firearm are maintained.

Article 6

Additional deactivation measures

Article 7

Transfer of deactivated firearms within the Union

Article 8

Notification requirements

Member States shall notify to the Commission any measures they adopt in the field covered by this Regulation as well as any additional measure introduced in accordance with Article 6. For that purpose, Member States shall apply the notification procedures laid down in Directive (EU) 2015/1535.

Article 9

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 8 April 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Technical specifications for the deactivation of firearms

— The deactivation operations to be performed in order to render firearms irreversibly inoperable are defined on the basis of three tables: — Table I lists the different types of firearms, — Table II sets out the general principles to be followed when rendering firearms irreversibly inoperable, — Table III describes the specific operations per type of firearm to be performed to render the firearms irreversibly inoperable.

— The technical specifications for the deactivation of firearms should prevent the reactivation of firearms with the use of ordinary tools.

— The technical specifications for the deactivation of firearms focus on the deactivation of essential components of firearms as defined in Directive 91/477/EEC. The technical specifications for the deactivation of firearms set out in Annex I also apply to the deactivation of exchange barrels which, being separate objects, are technically linked with and intended to be mounted on the firearm to be deactivated.

— In order to ensure a correct and uniform application of the deactivation operations of firearms, the Commission shall elaborate definitions in cooperation with the Member States.

Table I

List of types of firearms

Table II

General Principles

Prevent the disassembly of the firearms essential components by welding, bonding or by using appropriate measures with the equivalent degree of permanence.

Depending on national laws, this process can be performed after the checking of the National Authority.

Hardness of inserts: Deactivating entity has to ensure that pins/plugs/rods used have a hardness of at least 40 HRC and that material used for welding ensures a permanent and effective bond.

Table III

Specific operations per type of firearms