LegalizeRegulation (EU) 2025/41 of the European Parliament and of the Council of 19 December 2024 on import, export and transit measures for firearms, essential components and ammunition, implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (recast)
REGULATION (EU) 2025/41 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 December 2024 on import, export and transit measures for firearms, essential components and ammunition, implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33 and 207 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) A number of amendments are to be made to Regulation (EU) No 258/2012 of the European Parliament and of the Council (2) in order to lay down common rules for the import, export and transit of firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators. In the interests of clarity, that Regulation should be recast.
(2) In accordance with Council Decision 2001/748/EC (3) the Commission signed the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime (4) (the ‘UN Firearms Protocol’) on behalf of the European Union on 16 January 2002.
(3) The UN Firearms Protocol, the purpose of which is to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, entered into force on 3 July 2005.
(4) In order to implement the UN Firearms Protocol, the Union adopted Regulation (EU) No 258/2012. The UN Firearms Protocol was ratified by the Union by Council Decision 2014/164/EU (5).
(5) States Parties to the UN Firearms Protocol are required to put in place or improve administrative procedures or systems to exercise effective control over the manufacturing, marking, import and export of firearms.
(6) Neither the UN Firearms Protocol nor this Regulation applies to state-to-state transactions or to state transfers in cases where such application would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
(7) This Regulation does not affect the application of Article 346 of the Treaty on the Functioning of the European Union (TFEU), which refers to essential interests of the security of the Member States connected with the production of or trade in arms, munitions and war material. Nevertheless, in accordance with the case-law of the Court of Justice of the European Union, that provision cannot be construed as conferring on Member States a power to depart from the provisions of the TFEU simply in reliance on those interests. Thus, Member States wishing to avail themselves of the derogation allowed under Article 346 TFEU, must show that such derogation is necessary in order to protect their essential security interests. This Regulation does not have any impact on Directive 2009/43/EC of the European Parliament and of the Council (6).
(8) This Regulation should be consistent with the other relevant provisions on firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators for military use, security strategies, illicit trafficking in small arms and light weapons, and exports of military technology, including Council Common Position 2008/944/CFSP (7) and Council Decision (CFSP) 2021/38 (8).
(9) This Regulation should not apply to transactions in firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators that, in the direct or indirect framework of contractual relationships or substantiated by end-user certificates, are destined for the armed forces, the police, or the public authorities. The exclusion should encompass transactions in such goods for development, testing, production, maintenance or presentation, involving private entities, when the final product is exclusively designed for or delivered to the armed forces, the police or the public authorities. The exclusion should not be applicable to Category C items sent to third countries, such as firearms, essential components, ammunition, alarm and signal weapons, semi-finished firearms, semi-finished essential components, or sound moderators.
(10) This Regulation does not affect the application of Directive (EU) 2021/555 of the European Parliament and of the Council (9), which addresses transfers of firearms for civilian use within the territory of the Union. This Regulation applies only to imports into the customs territory of the Union, to transit and to exports from the customs territory of the Union. Therefore, firearms, essential components, ammunition, alarm and signal weapons and deactivated firearms released into free circulation in the customs territory of the Union are subject to the requirements of Directive (EU) 2021/555. In addition, this Regulation neither regulates the ownership of weapons nor any licensing of private persons, dealers or brokers. Directive (EU) 2021/555 establishes rules on acquisition and possession, which includes the licensing of private persons, dealers and brokers.
(11) This Regulation is without prejudice to the Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items established by Regulation (EU) 2021/821 of the European Parliament and of the Council (10).
(12) This Regulation is without prejudice to the obligations of the Member States under restrictive measures adopted by a decision or a common position of the Council, or resulting from the obligations imposed by Council Common Position 2003/468/CFSP (11).
(13) Nothing in this Regulation constrains any powers under and pursuant to Regulation (EU) No 952/2013 of the European Parliament and of Council (12) or Commission Delegated Regulation (EU) 2015/2446 (13).
(14) Due to the nature of the goods covered by this Regulation, some customs simplifications, such as oral declarations, cannot be applied.
(15) When firearms are not properly marked in accordance with Article 8 of the UN Firearms Protocol, Member States should be able to decide to destroy retained firearms at the expense of the importer.
(16) Firearms, essential components and ammunition should be declared for release for free circulation only if they are properly marked in accordance with Directive (EU) 2021/555. Pending that marking, importers should place the firearms under another customs procedure, such as customs warehousing, inward processing or free zones, under which they should fulfil the marking requirement, be it in their own premises or in other authorised premises, such as national proof-houses, in line with Union customs legislation. However, persons whose business consists of the manufacture, trade, exchange, hiring out, repair, modification or conversion of firearms, essential components and ammunition should be allowed to mark firearms, essential components and ammunition, in accordance with Article 4 of Directive (EU) 2021/555, without delay after their release into free circulation, since that Directive allows this and prevents the placing of unmarked goods on the market. However, those persons should comply with the requirement set out in Article 8(1), point (b), of the UN Firearms Protocol, which indicates the need to add import markings to firearms.
(17) Deactivated firearms should be declared for release for free circulation or temporary admission in cases of non-established persons so authorised by this Regulation, only if they are accompanied by the relevant deactivation certificate and are marked pursuant to Article 5 of Commission Implementing Regulation (EU) 2015/2403 (14). Pending the reception of that certificate or correct marking, importers should place the deactivated firearms under another customs procedure, such as customs warehousing or free zones, under which they should be able to request the authorities competent under Article 15 of Directive (EU) 2021/555 to verify the deactivation and issue the certificate in accordance with Article 3 of Implementing Regulation (EU) 2015/2403.
(18) When granting import or export authorisations and when alarm and signal weapons are imported and exported, only alarm and signal weapons complying with the standards under Commission Implementing Directive (EU) 2019/69 (15) should be considered alarm and signal weapons rather than firearms. Devices which can be easily converted into firearms should always be classified as firearms in accordance with customs nomenclature, and be dealt with as firearms by customs authorities and competent authorities. To avoid risks of diversion, it is necessary to ensure the consistency of the practices of national customs authorities in the classification of devices declared as alarm and signal weapons upon import.
(19) An import authorisation should be necessary for the entry of firearms, essential components and ammunition into the customs territory of the Union. Due to the high risk of illicit manufacturing of firearms from imported unfinished and unmarked products, only duly licensed dealers and brokers should be authorised to import semi-finished firearms and semi-finished essential components.
(20) Checks on the criminal records of applicants for import authorisations should be as stringent as they are in respect of applications for export authorisations, and Member States should obtain the information on criminal records through the system established by Council Framework Decision 2009/315/JHA (16). Competent authorities should check whether the firearms to be imported are registered as lost, stolen or otherwise sought for seizure through the Schengen Information System (SIS). Article 47 of Regulation (EU) 2018/1862 of the European Parliament and of the Council (17) establishes the access of registration services for firearms to SIS. For the purposes of the implementation of this Regulation, competent authorities should be considered as registration services for firearms.
(21) A criminal record concerning conduct constituting an offence listed in Article 2(2) of Council Framework Decision 2002/584/JHA (18) should constitute a reason to prohibit the import of firearms, essential components and ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators.
(22) It is possible for persons not established in the customs territory of the Union to obtain an authorisation to temporarily import and export firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, or sound moderators for the purposes of exhibitions, repairs, hunting, sport shooting or historical re-enactment. The information related to such firearms or other items declared for temporary admission should be clearly spelled out, to enable customs and other competent authorities to proceed efficiently with the discharge and limit the risk of such firearms or other items remaining illegally on the customs territory of the Union.
(23) Article 10 of the UN Firearms Protocol allows States Parties to adopt simplified procedures for temporary import and export for verifiable lawful purposes. Consequently, this Regulation facilitates authorisations for multiple shipments, transit measures and temporary import and export for the purposes of exhibitions, evaluations, repairs, hunting, sport shooting and historical re-enactment.
(24) There is a risk of diversion of firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators originating from a third country and entering and passing through the customs territory of the Union placed under a customs transit procedure with the final destination in a third country. Therefore, customs authorities and competent authorities should expressly authorise such transit on the customs territory of the Union before it takes place.
(25) In order to limit the administrative burden, persons in the Union authorised to possess firearms should in specific cases be exempt from the requirement to obtain import and export authorisations. However, for reasons of security and to facilitate controls, traceability should be maintained in those cases.
(26) In order to improve legal certainty and the predictability of movements, the consent of each Member State affected by the planned movement should be obtained before a Member State grants an import authorisation. A similar consent should be sought when the planned re-entry point of goods temporarily exported is located in the territory of a different Member State.
(27) This Regulation enables Member States to adopt measures in the field of import provided that those measures are adopted in conformity with the TFEU. Such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction on trade. The Commission should be informed if, as a result of unusual developments on the market, a Member State considers that protective measures might be necessary. This Regulation should lay down the conditions under which those measures should be authorised by the Commission.
(28) It is necessary to clarify that a person that wishes to export firearms, essential components, ammunition, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators should hold an export authorisation. Eligibility to apply for such an authorisation should be limited to exporters allowed to possess, deal in or broker those goods in accordance with Directive (EU) 2021/555.
(29) Persons exporting in the course of their business activities should be able to benefit from an export authorisation valid for a maximum of 3 years, including if it is covered by several successive short-term import authorisations issued by importing third countries. Additional Union general authorisations should be introduced in order to reduce the administrative burden on authorised economic operators for security and safety, except in respect of the most dangerous firearms. Member States should also be able to introduce national general export authorisations where they consider it necessary.
(30) Before authorising an export, it is important to verify that the importing third country has authorised the corresponding import and that any third countries of transit do not have objections to the specific movement. In order to improve legal certainty and predictability, the consent of the third country of transit should be considered as given, if no objections to the transit have been received. Decisions of Member States to require express consent need to be transparent for all economic operators. It should be the responsibility of the exporter to provide to the competent authorities the relevant documents.
(31) It is necessary to harmonise the rules on evidence of import in the third country of destination. Therefore, persons exporting should be required to provide to the competent authority which issued the export authorisation, proof of the receipt of the dispatched shipment of firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators in the third country of import, which should in particular be ensured by producing the relevant customs importation documents.
(32) When granting authorisations, Member States should respect the obligations with regard to restrictive measures imposed by decisions adopted by the Council or by a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes. To the extent that those international obligations are implemented in national law, it is appropriate to clarify that this Regulation does not prevent the application of that law.
(33) Before authorising an export, it is important to verify that no other Member State has previously refused an essentially identical transaction. In order to facilitate that verification, Member States should exchange information on refusals. In addition to the electronic exchange of information about refusals, Member States should also check existing relevant databases, such as the conventional arms export database (COARM).
(34) It is necessary to ensure that the conditions for granting an authorisation continue to be met throughout the duration of the authorisation, as is the case of authorisations pursuant to Directive (EU) 2021/555 to possess or acquire a firearm inside the Union.
(35) Competent authorities should inform customs authorities of any annulment, suspension, modification or revocation of an authorisation. The obligation to make that information available should be without prejudice to any appeal procedure applicable under national law.
(36) To avoid risks of diversion, while limiting the administrative burden, it is necessary to investigate suspicious situations in which Member States should request confirmation of receipt by the authorities of the third country of destination. If such confirmation of receipt cannot be obtained for any reason, that information should be recorded in the electronic licensing system for future reference.
(37) It is necessary to clarify the responsibilities of competent authorities with respect to post-shipment checks.
(38) For the purposes of this Regulation, in order to ensure the traceability of firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators, it is of the utmost importance that competent authorities be granted access to the Secure Information Exchange Network Application (SIENA) of the European Union Agency for Law Enforcement Cooperation (Europol). That access should be limited and proportionate to the purpose of fulfilling the obligations laid down in this Regulation. Member States that apply Regulation (EU) 2016/794 of the European Parliament and the Council (19) should grant that access.
(39) To enable a risk-based assessment approach for the firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators listed in Annex I entering or leaving the Union market, and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities should cooperate closely and exchange information.
(40) In order to facilitate the tracing of firearms and efficiently combat illicit trafficking in firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators, it is necessary to improve the exchange of information between Member States, in particular through the better use of existing communication channels as well as through the Firearms Imports and Exports Coordination Group and international cooperation.
(41) Personal data are to be processed in accordance with the rules laid down in Regulations (EU) 2016/679 (20) and (EU) 2018/1725 (21) of the European Parliament and of the Council.
(42) Consistency should be ensured with regard to record-keeping provisions in force under Union law.
(43) The Schengen acquis includes in particular a Decision of the Executive Committee (SCH/Com-ex (99) 10) (22), pursuant to which Member States are to submit each year by 31 July their national annual data for the preceding year on illegal trade in firearms, on the basis of the joint table for compiling statistics. In addition, in its recommendation of 17 April 2018 on immediate steps to improve security of export, import and transit measures for firearms, their parts and essential components and ammunition, the Commission recommended that Member States should collect detailed statistics of the preceding year about the number of authorisations, refusals, the quantities and values of firearms exports and imports, by origin or destination, and submit those statistics to the Commission. This Regulation should enable the Commission to collect those data directly from the electronic systems set up for the purpose of implementing this Regulation. The statistics should be anonymised and designed in such a way that it should not be possible to draw conclusions about specific dealers, even indirectly.
(44) The Commission should compile the Member State data and publish them as part of an annual report by 31 October each year. The report should be made public and submitted to the European Parliament and the Council.
(45) Before publication of the annual report, the Commission is to consult the Firearms Imports and Exports Coordination Group to verify that no commercially sensitive information was added to the draft report.
(46) An electronic licensing system should be established to digitalise the procedures set out in this Regulation. It is important that a person entitled to request an authorisation be registered in that system before starting the application procedure. As the electronic licensing system is the technical basis for the implementation of this Regulation, it should be fully functioning as soon as possible.
(47) Where Member States maintain their existing national electronic authorisation systems, the electronic licensing system established by this Regulation should be able to interconnect with those national electronic authorisation systems. Such interconnection should ensure the transfer of information on authorisations granted through the national electronic authorisation systems to the electronic licensing system.
(48) The overall enforcement of this Regulation should be facilitated by the interconnection between the electronic licensing system established by this Regulation and the European Union Single Window Environment for Customs established by Regulation (EU) 2022/2399 of the European Parliament and of the Council (23) (the ‘EU Single Window Environment for Customs’). For that purpose and in accordance with Article 5(6) of Regulation (EU) 2022/2399, the Commission should amend Part A of the Annex to that Regulation. When goods are temporarily imported or exported using an ATA Carnet, set out in Appendix I to Annex A to the Convention relating to temporary admission (Istanbul Convention) (24), the competent authorities should receive information on the use of the ATA Carnet. Although that information cannot be exchanged automatically, insofar as the digital ATA Carnet is not applied by all contracting parties, further automation should be explored based on potential interoperability with the electronic system for the administration of ATA carnets, the e-ATA-system.
(49) In order to ensure that this Regulation is properly applied, Member States should take measures giving the competent authorities appropriate powers.
(50) Compliance with the UN Firearms Protocol also requires that illicit manufacture of and trafficking in firearms, their parts and essential components and ammunition be established as criminal offences, and that measures be taken to enable the confiscation of items so manufactured or trafficked.
(51) Member States should lay down the rules on penalties applicable to infringements of this Regulation and should take all measures necessary to ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
(52) The whistle-blower-protection regime put in place by Directive (EU) 2019/1937 of the European Parliament and of the Council (25) should also apply to persons who report breaches of rules linked to imports and exports of firearms.
(53) In order to establish the Union general import authorisation and the Union general export authorisation for authorised economic operators for security and safety by specifying the format, use and geographical validity of those types of authorisations, to determine the part of the ATA carnet where the reference to the authorisation is to be indicated, to maintain the list of firearms, essential components, ammunition and alarm and signal weapons for which an authorisation is required under this Regulation, and to align Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/87 (26) and to Annex I to Directive (EU) 2021/555, as well as to adapt Annexes II, III and IV to this Regulation to the digitalisation and changes in customs procedures, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (27). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(54) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (28).
(55) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.
(56) In order to ensure uniform conditions for the implementation of technical characteristics of semi-finished firearms, semi-finished essential components, and sound moderators, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(57) In the case of national quantitative restrictions, authorisations granted by the Commission affect the territory only of a certain Member State. Therefore, considering the limited geographical scope of the restriction, as well as Article 2(3) of Regulation (EU) No 182/2011, it is justified that the Commission grant such authorisations by means of an implementing act in accordance with the advisory procedure set out in Article 4 of that Regulation.
(58) This Regulation should not prevent Member States from applying their constitutional rules relating to public access to official documents, taking into account Regulation (EC) No 1049/2001 of the European Parliament and of the Council (29).
(59) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of improving traceability, and thus the security of trade in firearms, without thereby unduly hampering such trade, to lay down rules on authorisations for the import, export and transit of civilian firearms. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER, DEFINITIONS AND SCOPE
Article 1
Subject matter
This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for listed goods, for the purpose of implementing Article 10 of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime (the ‘UN Firearms Protocol’).
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘listed goods’ means firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators listed in Annex I;
(2) ‘firearm’ means a firearm as defined in Article 1(1), point (1), of Directive (EU) 2021/555;
(3) ‘sound moderator’ means a device designed or adapted to diminish the sound caused by firing a firearm;
(4) ‘essential component’ means an essential component as defined in Article 1(1), point (2), of Directive (EU) 2021/555;
(5) ‘semi-finished firearms’ means firearms that are not ready for direct use and have the approximate shape or outline of the corresponding finished firearms, and which can be used, other than in exceptional cases, only for completion into those finished firearms;
(6) ‘semi-finished essential components’ means essential components that are not ready for direct use and have the approximate shape or outline of the corresponding finished essential components, and which can be used, other than in exceptional cases, only for completion into those finished essential components;
(7) ‘ammunition’ means ammunition as defined in Article 1(1), point (3), of Directive (EU) 2021/555;
(8) ‘deactivated firearms’ means deactivated firearms as defined in Article 1(1), point (6), of Directive (EU) 2021/555;
(9) ‘alarm and signal weapons’ means alarm and signal weapons as defined in Article 1(1), point (4), of Directive (EU) 2021/555;
(10) ‘person’ means a natural person, a legal person or, where the possibility is provided for under the rules in force, an association of persons recognised as having the capacity to perform legal acts but lacking the legal status of a legal person;
(11) ‘customs territory of the Union’ means the customs territory provided for in Article 4 of Regulation (EU) No 952/2013;
(12) ‘Union goods’ means Union goods as defined in Article 5, point (23), of Regulation (EU) No 952/2013;
(13) ‘non-Union goods’ means non-Union goods as defined in Article 5, point (24), of Regulation (EU) No 952/2013;
(14) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013;
(15) ‘customs legislation’ means customs legislation as defined in Article 5, point (2), of Regulation (EU) No 952/2013;
(16) ‘customs formalities’ means customs formalities as defined in Article 5, point (8), of Regulation (EU) No 952/2013;
(17) ‘customs controls’ means customs controls as defined in Article 5, point (3), of Regulation (EU) No 952/2013;
(18) ‘customs declaration’ means a customs declaration as defined in Article 5, point (12), of Regulation (EU) No 952/2013;
(19) ‘entry’ means the physical entry of non-Union goods into the customs territory of the Union;
(20) ‘import’ means the bringing of goods into the customs territory of the Union, and the placing of goods under release for free circulation as laid down in Article 201 of Regulation (EU) No 952/2013, or their placing under a special procedure as laid down in Article 210 of Regulation (EU) No 952/2013;
(21) ‘importer’ means any natural or legal person who makes a customs declaration for an import on its own behalf, or on whose behalf the declaration is made, or in the case of transit, the holder of the procedure;
(22) ‘export’ means an export procedure within the meaning of Article 269 of Regulation (EU) No 952/2013, including the situations specified in Article 269(2), points (a), (b) and (c), of Regulation (EU) No 952/2013;
(23) ‘re-export’ means re-export within the meaning of Articles 270, 271 and 274 of Regulation (EU) No 952/2013;
(24) ‘exit’ means the physical exit of goods from the customs territory of the Union;
(26) ‘declarant’ means a declarant as defined in Article 5, point (15), of Regulation (EU) No 952/2013;
(27) ‘dealer’ means a dealer as defined in Article 1(1), point (9), of Directive (EU) 2021/555;
(28) ‘broker’ means a broker as defined in Article 1(1), point (10), of Directive (EU) 2021/555;
(29) ‘exhibition’ means a trade fair or similar event as described in Article 90(2), point (a), of Council Regulation (EC) No 1186/2009 (30), without sales of listed goods from and to third countries;
(30) ‘temporary export’ means the export of listed goods from the customs territory of the Union with the intention to import those goods back into the customs territory of the Union;
(31) ‘inward processing’ means inward processing within the meaning of Article 256 of Regulation (EU) No 952/2013;
(32) ‘transit’ means the transit procedures within the meaning of Title VII, Chapter 2, of Regulation (EU) No 952/2013;
(33) ‘temporary admission’ means temporary admission within the meaning of Article 250 of Regulation (EU) No 952/2013;
(34) ‘transhipment’ means a movement involving the physical operation of unloading listed goods from a means of transport onto another means of transport;
(36) ‘competent authority’ means the national authorities as provided for in Article 40(2);
(37) ‘electronic licensing system’ means the system referred to in Article 34.
The Commission shall adopt implementing acts concerning the detailed rules on the technical characteristics of sound moderators, semi-finished firearms and semi-finished essential components, within the meaning of paragraph 1, points (3), (5) and (6), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Article 3
Scope
This Regulation does not apply to:
(a) state-to-state transactions or state transfers;
(b) Category A listed goods, provided that they are included in the Common Military List of the European Union (31), exported or re-exported from the customs territory of the Union, unless they are temporarily exported or re-exported in accordance with Article 22 of this Regulation;
(c) Category B listed goods, provided that they are included in the Common Military List of the European Union, exported or re-exported from the territory of the Union and destined for the armed forces, the police or the public authorities;
(d) Category A, B and C listed goods destined for the armed forces, the police, or the public authorities of the Member States;
(e) antique firearms as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899.
Article 4
Derogations from Union customs formalities
The listed goods shall not be:
(a) placed under a customs procedure based on a simplified declaration established under Article 166 of Regulation (EU) No 952/2013;
(b) subject to an entry in the declarant’s record pursuant to Article 182 of Regulation (EU) No 952/2013;
(c) subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013;
(d) declared with a customs declaration containing the specific dataset referred to in Article 143a of Delegated Regulation (EU) 2015/2446;
(e) declared with a customs declaration containing the reduced dataset referred to in Article 144 of Delegated Regulation (EU) 2015/2446; or,
(f) declared by means of an oral declaration or by any other act as referred to in Articles 135 to 141 of Delegated Regulation (EU) 2015/2446.
With respect to single authorisations for simplified procedures still valid pursuant to Article 345(4) of Commission Implementing Regulation (EU) 2015/2447 (32), paragraph 1, points (a) and (b), of this Article shall not apply to listed goods.
CHAPTER II
ENTRY AND IMPORT REQUIREMENTS
Article 5
Tasks of importers
Importers shall:
(b) keep all documents according to the rules referred to in point (a) of this paragraph and relevant documentation according to Articles 9, 11 and 12 of this Regulation at the disposal of the competent authority for the period referred to in Article 51 of Regulation (EU) No 952/2013;
(c) following a request from the competent authority, provide that authority with the export authorisation of the exporting third country or, where applicable, the exception from that authorisation;
(d) when having reason to believe that listed goods might not comply with this Regulation, with Directive (EU) 2021/555 or with legal acts based on those acts, inform without delay the competent authority thereof; and
(e) cooperate with the competent authority including, following a request, making sure that immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in the acts referred to in point (d).
The obligations under paragraph 1 of this Article shall not affect any obligations of importers under Directive (EU) 2021/555 or under the legal acts based on that Directive.
Article 6
Marking at import
Firearms without marking in accordance with Article 8(1), point (a), of the UN Firearms Protocol, entering the customs territory of the Union, shall not be imported or re-exported.
The listed goods may be declared for release for free circulation only if they comply with the marking requirements of Article 4 of Directive (EU) 2021/555 and with Article 8(1), point (b), of the UN Firearms Protocol, except for such goods imported by dealers, which are allowed to comply with those requirements without delay after the release for free circulation.
Paragraphs 1 and 2 of this Article shall not apply to listed goods that are of particular historical importance, in accordance with Article 4(2), second subparagraph, of Directive (EU) 2021/555.
Article 7
Deactivated firearms
Devices declared as deactivated firearms shall be declared for release for free circulation or temporary admission in accordance with Article 10 of this Regulation only if they are accompanied by the relevant deactivation certificate and are marked, in accordance with Article 15 of Directive (EU) 2021/555.
The importer shall provide the competent authority with a copy of the deactivation certificate through the electronic licensing system.
Article 8
Alarm and signal weapons
An import authorisation for alarm and signal weapons shall be granted by the competent authority only if the device complies with the technical specifications referred to in Article 14(2) of Directive (EU) 2021/555 or is a model listed as a non-convertible alarm and signal weapon in the implementing act referred to in paragraph 2 of this Article.
The Commission shall, by means of an implementing act, establish an open list of models of non-convertible alarm and signal weapons referred to in paragraph 1 of this Article, and an open list of devices that are declared as alarm and signal weapons but are known to be convertible. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Article 9
Import authorisation
Notwithstanding Articles 11 and 12, an import authorisation shall be necessary for the entry of non-Union goods listed in Annex I into the customs territory of the Union. The import authorisation shall be granted by the competent authority of the Member State of final destination.
The import authorisation shall contain the information listed in Annex II, and shall be issued through the electronic licensing system in one of the following types:
(a) a single authorisation for one shipment of one or more listed goods, valid for a maximum of 1 year;
(b) a multiple authorisation for multiple shipments of one or more listed goods, valid for a maximum of 3 years;
(c) a Union general authorisation for Category B or C listed goods available to authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013 valid for imports from specified countries of origin.
Any natural or legal person permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods, except for semi-finished firearms and semi-finished essential components, shall be entitled to apply for an import authorisation.
Only dealers and brokers shall be entitled to apply for an import authorisation for semi-finished firearms and semi-finished essential components.
If a natural or legal person is not entitled to apply for an import authorisation under paragraph 3 or 4, the competent authority shall not accept an application from that person.
Article 10
Import authorisation procedure
The competent authority shall process applications for import authorisations within a period not exceeding 90 working days from the date on which all the required information has been provided to the competent authority. For duly justified reasons, and in the case of any application concerning Category A listed goods, that period may be extended to 110 working days.
The competent authority shall refuse to grant an import authorisation if:
(a) the applicant is a natural person and has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(c) the firearm to be imported was declared lost, stolen, under investigation or otherwise sought for seizure in the relevant Union, national or international databases;
(d) there are clear indications suggesting that any of the persons involved in the transaction constitutes a security threat or a threat to public safety or that the persons referred to in point (a) or (b) of this paragraph are unable to meet the obligations imposed on them by Directive (EU) 2021/555, by this Regulation or by any authorisations issued with regard to their firearms.
When deciding whether to grant an import authorisation, the competent authority shall take into account all relevant considerations, including those of national foreign and security policy. Article 24 shall apply mutatis mutandis.
For the purposes of paragraph 2 of this Article, Member States shall obtain the information on previous criminal convictions of the applicant in other Member States through the system established by Framework Decision 2009/315/JHA.
For the purposes of paragraph 2, point (c), Member States shall check that the firearm in question is not listed in the Schengen Information System.
The competent authority shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it were not met or are no longer met. Where the competent authority takes those decisions, it shall make that information available without delay to the customs authorities through the electronic licensing system.
Where the competent authority has refused to grant an import authorisation, its final decision and the reasoning therefor shall be registered in the electronic licensing system.
The competent authority shall monitor that the conditions for import authorisations are met on the basis of risk management. The conditions of import authorisations granted for a duration of longer than 2 years shall be monitored after 2 years.
Article 11
Import authorisation for non-Union goods temporarily entering the customs territory of the Union
Non-Union goods listed in Annex I may temporarily enter the customs territory of the Union when they are accompanied by a single import authorisation requested by an importer without establishment in the customs territory of the Union.
Importers without establishment in the customs territory of the Union may be granted a single import authorisation for the listed goods only in the following situations:
(a) the temporary admission for evaluation, exhibition or inward processing for repair, provided that the listed goods remain the property of a person established outside the customs territory of the Union and those goods are re-exported to that person;
(c) non-Union goods entering and passing through the customs territory of the Union placed under a customs transit procedure with the final destination in a third country.
The authorisations referred to in points (a) and (b) of the first subparagraph shall be granted by the competent authority of the Member State where the evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place. In cases where the evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place in more than one Member State, the authorisation shall be granted by the competent authority of the Member State where the first evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place.
The authorisation referred to in point (c) of the first subparagraph shall be granted by the competent authority of the Member State where the goods enter the customs territory of the Union.
The application for the import authorisation referred to in paragraph 2 shall include the following:
(a) a proof or statement of absence of a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(b) the identification of one of the three purposes listed in paragraph 2;
(c) the date and unique reference number of the authorisation, or equivalent, to own or possess a firearm and of the export authorisation from the third country, or where applicable, proof of the exception from that authorisation; and
(d) the particulars of the firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number, and the model where feasible.
Article 10(1), (2), (3), (5), (6) and (7) shall apply for issuing the import authorisation referred to in paragraph 2 of this Article.
Notwithstanding paragraph 2, Member States may grant a national general import authorisation directly authorising the temporary import of Category C listed goods into the territory of their Member State for the purposes referred to in paragraph 2, point (b), in specific cases where the hunters, historical re-enactors or sport shooters have been invited to an activity in the premises of the organiser. The importers shall meet the obligations set out in this Regulation, with the exception of those related to the request of a single import authorisation, and shall comply with the terms and conditions defined in the national general import authorisation.
The Commission shall, by means of an implementing act, specify the minimum requirements for the terms and conditions to be included in the national general import authorisations. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Article 12
Administrative simplification
Any person holding a European firearms pass or otherwise permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods, may import listed goods to the customs territory of the Union without an import authorisation in accordance with Article 9 of this Regulation in cases of:
(c) Union goods re-entering the customs territory of the Union having previously been placed under a customs transit procedure for passing through a country or territory outside the customs territory of the Union with the final destination in the Union.
A person importing goods in accordance with this Article shall be the same person that exported the goods, and shall state in the customs declaration the reference number of the customs declaration used for temporarily taking the goods out of the customs territory of the Union and the reference number or the number of the simplified export authorisation provided by the competent authority in accordance with Article 22(2) or Article 23(1).
The competent authority of destination shall refuse import and shall register that refusal in the electronic licensing system without delay if:
(a) the applicant does not fulfil the criteria for the administrative simplification set out in this Article; or,
(b) there are substantiated indications showing that any of the persons, including the person inviting the applicant to the activity outside the customs territory of the Union, involved in the situations referred to in paragraph 1, point (a) or (b), constitute a security threat or a threat to public safety.
Article 13
Consultation of Member States affected by the planned movement
In the case of movements in the customs territory of the Union of non-Union goods listed in Annex I, the application for the import authorisation referred to in Article 9 or 11 shall contain information on the planned movements, including where appropriate the various Member States where an evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment will take place.
The competent authority granting the import authorisation referred to in Article 9 or 11 shall seek approval from the competent authority of the other Member States indicated in the application for the import authorisation regarding the planned movement. The competent authority of the consulted Member State may raise objections in duly justified cases related to security concerns about a movement through its territory within 10 working days of the date on which the information of the planned movement was provided. The absence of any objection shall be deemed to be an approval. In the event of an objection from the competent authority of another Member State to the granting of such an authorisation, the Member State in which the application has been submitted shall refuse the application. The electronic licensing system shall be used for communication between competent authorities.
The person holding the authorisation shall notify any changes in the planned movement without delay to the competent authority granting the authorisation through the electronic licensing system. That competent authority shall decide in duly justified cases related to security concerns whether to accept or refuse the notified changes in accordance with the rules for granting the authorisation, and following the consultation procedure referred to in paragraph 2.
In the case of administrative simplifications as laid down in Article 12(1), point (a), when the planned re-entry point is not located within the territory of the competent authority of the Member State of destination, that competent authority shall immediately inform the competent authority of the Member State of the planned re-entry point of that movement, through the electronic licensing system. The competent authority of the Member State of the planned re-entry point may raise objections in duly justified cases related to security concerns about that movement through its territory within 5 working days of the date on which the information of the planned re-entry was provided. The absence of any objection shall be deemed to be an approval. Any objections from the competent authority of the Member State of the planned re-entry point to the granting of such an administrative simplification shall bind the Member State of destination.
Article 14
National restrictions on import
Without prejudice to other Union legal acts, this Regulation shall not preclude the adoption or application by a Member State of quantitative restrictions on imports necessary on grounds of public policy or public security, or on grounds of industrial and commercial property.
Article 15
Authorisation to adopt national restrictions on import
Subject to the conditions laid down in Articles 16, 17 and 18, the Commission shall authorise a Member State to adopt measures as referred to in Article 14.
Article 16
Notification to the Commission
Where a Member State intends to adopt measures as referred to in Article 14, it shall notify the Commission thereof.
The notification referred to in paragraph 1 shall include relevant documentation and an indication of the measures to be adopted, including their objectives and any other relevant information.
The notification referred to in paragraph 1 shall be transmitted at least 6 months before the adoption of the national measure. Where the information transmitted by the Member State is not sufficient, the Commission may request additional information.
The Commission shall make the notification referred to in paragraph 1 of this Article and, on request, the accompanying documentation, available to the other Member States, subject to the requirements of confidentiality laid down in Article 18.
Where the information transmitted by the Member State is not sufficient for the purpose of authorising the adoption of national measures, the Commission may request additional information.
Article 17
Authorisation to adopt measures
The Commission shall authorise the Member States to adopt restrictions on import, unless it concludes that such measures would:
(a) be in conflict with Union law, and the conflict does not relate to incompatibilities arising from the allocation of competences between the Union and its Member States;
(b) be inconsistent with the Union’s principles and objectives of external action on common commercial policy in accordance with the general provisions laid down in Part Five, Titles I and II, of the TFEU.
The Commission shall grant the authorisation referred to in paragraph 1 of this Article by means of an implementing act. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 43(2). The Commission shall take its decision within 120 working days of receipt of the notification referred to in Article 16. Where additional information is needed to take a decision, the 120-working-day period shall run from the date of receipt of the additional information.
The Commission shall inform the European Parliament and the Council about the decisions taken pursuant to paragraph 2.
In the event that the Commission does not grant an authorisation pursuant to paragraph 1, it shall inform the Member State concerned thereof and state the reasons therefor.
Article 18
Confidentiality of information transmitted
When notifying the Commission of its intention to adopt measures as referred to in Article 14, a Member State may indicate whether any of the information provided is to be considered confidential and whether it may be shared with other Member States.
In cases referred to in paragraph 1, Member States and the Commission shall ensure the protection of confidential information in accordance with applicable Union law.
Member States and the Commission shall ensure that any classified information provided pursuant to Article 16 is not downgraded or declassified without the prior written consent of the originator.
CHAPTER III
EXPORT, RE-EXPORT AND EXIT REQUIREMENTS
Article 19
Export authorisation
An export authorisation shall be necessary for taking listed goods out of the customs territory of the Union.
Any exporter permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade the listed goods is entitled to request an export authorisation. The export authorisation shall be granted by the competent authority of the Member State where the exporter is established.
The export authorisation shall contain the information referred to in Annex III, and it shall be issued through the electronic licensing system in one of the following forms:
(a) a single authorisation or licence granted to one specific exporter for one shipment of one or more listed goods to one identified final recipient or consignee in a third country;
(b) a multiple authorisation or licence granted to one specific exporter for multiple shipments of one or more listed goods to one or several identified final recipients or consignees in one or several third countries;
(c) a national general export authorisation directly authorising the export of listed goods by exporters established in the territory of the Member State that issues the national general export authorisation, if they meet the requirements set out in this Regulation and comply with the terms and conditions defined in the national general export authorisation; or,
(d) a Union general authorisation available only to authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013 for exports of Category B or C listed goods to specified countries of destination.
If the listed goods are located in one or more Member States other than the Member State in which the application for export authorisation was submitted, that fact shall be indicated on that application. The competent authority of the Member State to which the application for export authorisation was submitted shall consult the competent authority or authorities of the other Member States concerned, providing the relevant information about the application for export authorisation. The Member States consulted shall report within 10 working days of the date on which they were contacted through the electronic licensing system any objections to the granting of such an authorisation, which shall bind the Member State in which the application was submitted.
Where a person is not entitled to request an export authorisation under paragraph 2, the competent authority shall not accept the application.
Member States may adopt national general export authorisations establishing national requirements for the export of listed goods. Member States shall notify the Commission and the other Member States without delay of any national general export authorisation adopted pursuant to paragraph 3, point (c), indicating the reasons therefor. They shall inform the Commission and the other Member States of the description of the controlled goods, of the countries of destination, and of the conditions and requirements for use. Member States shall also notify the Commission and the other Member States without delay of any amendment to the national general authorisations so adopted. The Commission shall publish such notifications in the Official Journal of the European Union.
Article 20
Export authorisation procedure
The competent authority shall process applications for export authorisations within a period not exceeding 90 working days from the date on which all required information has been provided to the competent authority. For duly justified reasons, that period may be extended by the competent authority to 110 working days.
The applicant shall supply the competent authority of the Member State responsible for issuing the export authorisation with the necessary documents proving that:
(a) the importing third country has authorised the import; and
(b) the third country of transit or third countries of transit, if any, had no objection to the transit.
Point (b) of the first subparagraph does not apply:
(a) to shipments by sea or air and through ports or airports of third countries provided that there is no transhipment or change of means of transport; and
(b) in the case of temporary exports for verifiable lawful purposes, including hunting, historical re-enactment, sport shooting, evaluation, exhibitions and repair.
Before issuing an export authorisation as referred to in Article 19, the competent authority shall verify the documents submitted in accordance with paragraph 2 of this Article.
If no objection to the transit in accordance with paragraph 2, first subparagraph, point (b), is received within 20 working days of the date of the written request, the third country or third countries of transit consulted shall be regarded as having no objection to the transit.
With respect to deactivated firearms, the applicant shall supply the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555 to the competent authority of the Member State responsible for issuing the export authorisation.
The competent authority may grant export authorisations for firearms listed in Annex I only if the application for such authorisation is accompanied by a user statement in accordance with Annex IV issued by the importer of the country of final destination. In the case of export to a private company that resells the listed goods on a local market, that company shall be regarded as the user for the purposes of this Regulation. That shall not prevent the competent authority from evaluating differently export authorisation applications that concern exports to resellers from export authorisation applications that concern exports to users.
The period of validity of a single export authorisation shall not exceed the period of validity of the import authorisation issued by the third country. The period of validity of a multiple export authorisation shall not exceed 3 years. Where the import authorisation issued by the third country does not specify a period of validity, the period of validity of an export authorisation shall not exceed 1 year, except under exceptional circumstances and for duly justified reasons.
Article 21
Traceability of firearms
The export authorisation, the import authorisation issued by the third country concerned and the accompanying documentation shall together contain the following information:
(a) the dates of issue and expiry, where relevant;
(b) the place of issue;
(c) the country or countries of export and exit;
(d) the third country or territory of destination;
(e) whenever applicable, any third country, countries or territories through which the listed goods are transported;
(f) the consignee;
(g) the final recipient, if known at the time of the shipment;
(h) particulars enabling the identification of the listed goods, and the quantity thereof including, at the latest prior to the shipment, the marking applied to the firearms or to the essential components; and,
(i) the owner of the goods covered by the export authorisation and the import authorisation issued by the third country concerned, if the exporter is a broker.
The information referred to in paragraph 1, if contained in the import authorisation issued by the third country concerned, shall be provided by the exporter in advance to the third country, countries or territories through which the goods are transported, at the latest prior to the shipment.
The listed goods may be exported only if they are marked, in accordance with Article 4 of Directive (EU) 2021/555.
Article 22
Exemption from the requirement of an export authorisation
By way of derogation from Article 19(1), no export authorisation shall be required for the temporary export, or for the re-export, of listed goods in the following cases:
(c) non-Union goods leaving the customs territory of the Union after passing through the territory of one or more Member States whilst placed under a customs transit procedure, where both the customs office of departure and destination are located in a third country;
Notwithstanding point (a)(ii) of the first subparagraph, in the case of travel by air, the hunters, historical re-enactors or sport shooters shall produce the European firearms pass to the competent authority where the relevant listed goods are handed over to the airline for transport out of the customs territory of the Union.
The competent authority shall provide the person submitting information in accordance with paragraph 1, first subparagraph, point (a), with a reference number through the electronic licensing system.
The competent authority of a Member State shall, for a period not exceeding 10 working days, suspend the process of export or, if necessary, otherwise prevent listed goods from leaving the customs territory of the Union through that Member State, where it has grounds for suspicion that the reasons referred to in paragraph 1, first subparagraph, point (a), of this Article, which were provided by hunters, historical re-enactors or sport shooters, are not in conformity with the relevant considerations and the obligations laid down in Article 24. For duly justified reasons, that suspension period may be extended by the competent authority to 30 working days. The competent authority shall communicate its decision to allow the release of the listed goods, or to take further actions, to the customs authority via the electronic licensing system.
Article 23
Simplified export authorisation
A simplified export authorisation may be requested in the following situations:
(a) the re-export, within 180 days, of listed goods following their temporary admission for evaluation, exhibition, or inward processing for repair, provided that those goods remain the property of a person established outside the customs territory of the Union and are re-exported to that person and that the exporter mentions the reference number of the declaration for temporary admission or inward processing in the re-export declaration;
(b) the re-export of listed goods held in temporary storage within the time limit referred to in Article 149 of Regulation (EU) No 952/2013;
(c) the temporary export of listed goods for the purposes of evaluation, exhibition or repair, provided that the exporter proves the lawful possession of those goods.
An application for a simplified export authorisation shall be submitted through the electronic licensing system and shall include the following:
(a) mention of one of the three purposes listed in paragraph 1;
(b) the name, identification number, address and contact details of the exporter;
(c) the particulars of any firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number, and where feasible the model and the year of manufacture;
(d) the date and unique reference number of the authorisation to own or possess a firearm and of the import authorisation from the third country; or, where applicable, a reference to the authorisation, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods; and,
(e) in cases of the re-export of previously temporarily imported listed goods, the reference to the customs declaration under which those goods were brought into the customs territory of the Union.
The competent authority shall process applications for simplified export authorisations within a period not exceeding 20 working days from the date on which all required information was provided to the competent authority. For duly justified reasons, that period may be extended to 40 working days. The simplified export authorisation shall be issued through the electronic licensing system.
For the applicant to obtain the simplified export authorisation, the following conditions shall apply:
(a) the third country or third countries of transit had no objection to the transit, as referred to in Article 20(2) and (4);
(b) the competent authority has carried out the verification referred to in Article 20(3); and
(c) the applicant has submitted to the competent authority the deactivation certificate, as referred to in Article 20(5).
The period of validity of a simplified export authorisation issued in accordance with paragraph 1, point (c), shall not exceed the period of validity of the import authorisation issued by the third country, or 1 year where that third country does not specify a period of validity, or where an exemption from the requirement for an import authorisation is applicable.
Article 24
Obligations of competent authorities
In deciding whether to grant an export authorisation or a simplified export authorisation under this Regulation, the competent authority shall take into account all relevant considerations including:
(a) its Member State’s obligations and commitments as party to the relevant international export control arrangements or relevant international treaties;
(b) considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP;
(c) considerations as to the intended end use, the consignee, the identified final recipient and the risk of diversion.
In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation or a simplified export authorisation, the competent authority shall take into account whether the applicant has proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and compliance with the terms and conditions of the authorisation.
In deciding whether to grant an export authorisation or a simplified export authorisation under this Regulation, the competent authority shall observe any obligations with regard to restrictive measures imposed by decisions adopted by the Council or by a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes, as well as the national law implementing those obligations.
Before a competent authority grants an export authorisation or a simplified export authorisation, it shall take into account all refusals issued under this Regulation by the competent authorities of other Member States. The former competent authority may first consult the latter competent authority or competent authorities concerned. If, following such consultation, the former competent authority decides to grant an authorisation, it shall notify the latter competent authority or authorities concerned, providing all relevant information to explain its decision. That exchange of information shall be carried out without delay and through the electronic licensing system.
Competent authorities shall monitor that the conditions of export authorisations and simplified export authorisations they issue are met on the basis of risk management. The conditions of authorisations granted for a duration of longer than 2 years shall be monitored after 2 years.
Article 25
Refusals, annulments, suspensions, modifications or revocations of export authorisations
Competent authorities shall refuse to grant export authorisations or simplified export authorisations if any of the following conditions apply:
(a) the obligations and considerations set out in Article 24(1) are not met;
(b) the applicant is a natural person and has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct, provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(c) the firearm to be exported was declared lost, stolen or otherwise sought for seizure;
(e) there are clear indications suggesting that any of the persons involved in the transaction constitute a security threat or a threat to public safety, or that the persons referred to in point (b) or (d) of this paragraph are unable to meet the obligations imposed on them by Directive (EU) 2021/555, by this Regulation or by any authorisations issued with regard to their firearms.
For the purposes of paragraph 1 of this Article, Member States shall obtain the information on previous criminal convictions of the applicant in other Member States through the system established by Framework Decision 2009/315/JHA.
For the purposes of paragraph 1, point (c), Member States shall check that the firearm is not listed in the Schengen Information System.
A competent authority shall annul, suspend, modify or revoke an export authorisation or a simplified export authorisation if the conditions for granting it were not met or are no longer met. Where a competent authority takes such a decision, it shall make that information available to the customs authority through the electronic licensing system without delay.
Where the competent authority has suspended an export authorisation or a simplified export authorisation, it shall make its final decision available to the other competent authorities at the end of the period of suspension, through the electronic licensing system without delay.
Where the competent authority has refused to grant an export authorisation or a simplified export authorisation, it shall register its final decision in the electronic licensing system without delay.
All information shared in accordance with this Article shall be shared in compliance with Article 28 concerning its confidentiality.
Article 26
Proof of receipt
Within 45 days of the exit from the customs territory of the Union, the exporter shall provide to the competent authority that issued the export authorisation, proof of the receipt of the dispatched shipment of the listed goods in the third country of import, by providing the relevant customs import documents. Those documents shall be provided through the electronic licensing system.
In the absence of the proof of receipt of the dispatched shipment referred to in paragraph 1, the competent authority that issued the export authorisation shall without delay request from the customs authority of export a confirmation that the customs formalities related to the exit of the listed goods have been carried out, and that the listed goods have exited the customs territory of the Union.
If the customs authorities confirm the completion of the customs formalities and the exit, the competent authority that issued the export authorisation shall request the relevant authority of the importing third country to confirm the entry of the goods into its customs territory.
Where the competent authority is unable to obtain a confirmation of entry by the importing third country as set out in paragraph 3, it shall record that information in the electronic licencing system.
CHAPTER IV
SUPERVISION AND CONTROLS
Article 27
Post-shipment checks
A competent authority granting an export authorisation for listed goods may carry out post-shipment checks to ensure that the export thereof is in line with the commitments made in the user statement as set out in Annex IV, and that the goods have arrived at the planned final destination.
Competent authorities and customs authorities shall cooperate with each other and if necessary, with the authorities of third countries in order to verify compliance with the commitments made in the user statement as set out in Annex IV, and the arrival of the listed goods at the planned final destination. Post-shipment checks may be carried out, where appropriate, in third countries, provided that such third countries agree, through cooperation with the administrative authorities of those third countries. Member States may ask the Commission for support in carrying out such checks.
Article 28
Exchange of information and cooperation between authorities
The Commission, competent authorities and customs authorities shall cooperate closely and shall exchange information to ensure the correct implementation of this Regulation.
The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to the suspicion of illicit trafficking of listed goods shall be exchanged and processed as follows:
(a) the information referred to in Article 46(5) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities;
(b) the information referred to in Article 47(2) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities and the Commission;
(c) the information referred to in Article 47(2) of Regulation (EU) No 952/2013 shall be exchanged between customs authorities and competent authorities, including competent authorities of other Member States.
The information exchange and processing set out in paragraph 2, points (a) and (b), of this Article shall be carried out by means of the system established for those purposes by Article 16(1) of Regulation (EU) No 952/2013. When customs authorities exchange confidential information, they shall also communicate that information, in accordance with Article 12 of Regulation (EU) No 952/2013, to the Commission and the competent authorities.
The information exchange between customs authorities and competent authorities shall be carried out by established national means or through the electronic licensing system.
Council Regulation (EC) No 515/97 (33) shall apply mutatis mutandis to measures under this Article.
Article 29
Procedures at import and export
When completing customs formalities for listed goods, the declarant shall provide, in the customs declaration or re-export declaration, a reference to the authorisation granted by the competent authority under Articles 9, 11, 19 or 23, or the reference number provided by the competent authority in accordance with Article 22. When an ATA carnet is used to fulfil customs formalities, that information shall be provided in one of its parts.
All information and documentation necessary to demonstrate the conformity of the listed goods with this Regulation shall be provided by the importer or exporter, in accordance with the request of the competent authority, in an official language of the Member State where that competent authority is located, or in English.
When the interconnection referred to in Article 34(7) is operational, the customs authority shall verify, upon acceptance of a customs declaration or a re-export declaration for listed goods, the validity of the authorisation through the EU Single Window Environment for Customs. The verification shall take place electronically and automatically.
When the customs authority releases listed goods to a customs procedure or to re-export, the release shall be communicated electronically and automatically to the electronic licensing system through the EU Single Window Environment for Customs, once the interconnection referred to in Article 34(7) is operational. When listed goods are placed under a temporary admission procedure, are temporarily exported, or are re-exported using an ATA carnet, the customs authority shall register the information on the release of the goods in the electronic licensing system.
Without prejudice to any powers conferred on it under Regulation (EU) No 952/2013, a customs authority shall not release the listed goods to a customs procedure or to re-export, and shall within 24 hours inform, through established national means or the electronic licensing system, the competent authority which shall take a decision on the treatment of those goods, if the customs authority has a doubt that the goods fall under the scope of this Regulation, or has grounds for suspicion that:
(a) relevant information was not taken into account when the authorisation was granted;
(b) circumstances have materially changed since the authorisation was granted; or
(c) in other circumstances, the listed goods do not comply with this Regulation.
The competent authority shall reply to the customs authority through established national means or through the electronic licensing system within 10 working days after receiving the information referred to in the first subparagraph of this paragraph. For duly substantiated reasons, that period may be extended to 30 working days. Where the competent authority does not respond within the relevant time limit, the customs authority shall release the listed goods in accordance with Article 194 of Regulation (EU) No 952/2013.
Article 30
Detection of a non-compliant shipment
If a customs authority detects a shipment of listed goods that does not comply with the obligations set out in this Regulation, it shall take appropriate measures to ensure that those goods remain under customs supervision, and shall, within 24 hours, inform the competent authority thereof.
The competent authority shall decide within a period not exceeding 10 working days on the handling of those listed goods and inform the customs authority of its decision to allow the release of those goods or to take further action. For duly substantiated reasons, that period can be extended to 30 working days.
The customs authority shall ensure that the decision of the competent authority regarding listed goods under customs supervision is executed in accordance with the customs legislation.
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.
This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence.
EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.