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)
Where the shipment of non-compliant listed goods was dispatched to or from another Member State, the competent authority of the Member State where the shipment of those goods was detected shall inform without delay, through the electronic licensing system, the competent authority of the Member State of dispatch or destination of the measures taken regarding those goods and the reasons therefor.
In the event of a reasonable suspicion of illicit trafficking of listed goods, the goods shall be seized or retained, and information related to the goods seized or retained during customs controls shall be shared by the customs authority without delay:
(a) with the competent authority of the Member State of the customs authority; and
(b) with the competent authorities of the Member States referred to in Article 40(2) through the Secure Information Exchange Network Application (SIENA) of Europol.
Seizure or retention data shall include, as soon as available, the following information:
(a) the particulars of the firearm or firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, and the model where feasible, as well as the quantities;
(b) the category or categories of the firearm or firearms, in line with Annex I;
(c) where available, information about manufacture, including the reactivation of deactivated firearms, the conversion of alarm and signal weapons, hand-made or home-made firearms, firearms manufactured by additive manufacturing, and any other information of interest;
(d) the country of origin;
(e) the country of dispatch;
(f) the country of destination;
(g) the means of transport, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’, together with, where applicable, the registration number of the means of transport used, and the nationality of the transportation company or person; and,
(h) the place and type of the seizure or retention, including as the case may be ‘inland’, ‘border crossing point’, ‘land border’, ‘airport’ or ‘maritime port’.
Article 6(1) of this Regulation shall not prevent the customs authority from applying Article 198(2) of Regulation (EU) No 952/2013. Where the customs authority carries out the destruction of the listed goods as decided by the competent authority, the costs for destruction shall be born in accordance with Article 198(3) of Regulation (EU) No 952/2013.
The Commission shall, by means of an implementing act, determine the system to be used to gather yearly statistical information on the seizure and retention of listed goods. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
CHAPTER V
ADMINISTRATION, DIGITALISATION AND COOPERATION
Article 31
Information storage regarding the import, export and re-export of listed goods
Member States shall keep, for not less than 20 years, all information relating to the import, export and re-export of listed goods, which is necessary to trace and identify those goods, and to prevent and detect illicit trafficking therein.
The information referred to in paragraph 1 of this Article shall include, mutatis mutandis, information in accordance with Article 21(1).
Paragraph 1 of this Article shall not apply to imports or exports as referred to in Article 12(1), point (a), or in Article 22(1), points (a) and (b).
Article 32
Statistics and annual report
The Commission shall, in consultation with the Firearms Imports and Exports Coordination Group referred to in Article 39(1), submit each year by 31 October an annual report to the European Parliament and the Council on the implementation of this Regulation, and shall make the report public. The report shall include the following information:
(a) the number of import and export authorisations granted in the previous year in the customs territory of the Union, at Member State level;
(b) the quantities of listed goods imported into and exported from the customs territory of the Union during the previous year, by category and sub-category as listed in Annex I, by origin and by destination country at Member State level;
(c) the customs value of the imports and exports referred to in point (b), at Union level;
(d) the number of refusals of authorisations during the previous year and the reasons therefor;
(e) the number of seizures, the quantity of listed goods seized or detained, by category, during the previous year;
(f) the quantity and results of post-shipment checks at Member State level during the previous year; and,
(g) the number of infringements and penalties related to the enforcement of this Regulation at Member State level during the previous year.
The Commission shall have access to the statistical data gathered in the electronic licensing system and in the system to be determined in accordance with Article 30(8).
Member States shall submit to the Commission the information referred to in paragraph 1, points (f) and (g), each year by 31 July.
The statistics and the annual report referred to in paragraph 1 shall not include any personal data, any commercially sensitive information or any protected defence, foreign policy or national security information.
Article 33
Administrative fees
Member States may apply a fee to cover the administrative costs of handling applications for authorisations.
Article 34
Electronic licensing system
The Commission shall establish and maintain a secure and encrypted electronic licensing system for import, export and simplified export authorisations, and registrations, information and decisions related to them pursuant to Articles 9, 11, 12, 13, 19, 22, 23, 25, 26, 28, 29 and 30.
The electronic licensing system referred to in the first subparagraph shall provide at least the following functionalities:
(a) allow for the registration of persons entitled to request an authorisation, an exemption, or an administrative simplification under this Regulation before submitting the first application and, if applicable, the inclusion of the Economic Operators Registration and Identification (EORI) number in accordance with Article 9 of Regulation (EU) No 952/2013 in the registration profile;
(b) allow for the electronic procedure to request, grant, issue and store an authorisation, an exemption, or an administrative simplification pursuant to this Regulation;
(c) allow for an interconnection with the national electronic licensing systems through which authorisations, exemptions, or administrative simplifications pursuant to this Regulation may be requested, granted and issued in the Member States, and enable the transfer of information from those national electronic licensing systems;
(d) allow for the interconnection with national customs authorities via the European Union Customs Single Window Certificates Exchange System referred to in Article 4 of Regulation (EU) 2022/2399, including quantity management of authorised goods where necessary;
(e) allow for risk profiling by competent authorities and the customs authorities, of persons authorised or registered in accordance with this Regulation to import, export or re-export listed goods, and for the profiling of those goods, including automatic warnings regarding missing proof-of-receipt documentation;
(f) allow for administrative assistance and cooperation between competent authorities and the Commission to exchange information and statistics regarding the use of the electronic licensing system;
(g) allow for the exchange of information, including on refusals and the reasons for refusals to grant authorisations, between competent authorities for the implementation of this Regulation;
(h) allow for communication between competent authorities and persons requesting an authorisation, an exemption, or administrative simplification and for the uploading of proofs of receipt;
(i) allow for communication between competent authorities, the Commission and customs authorities for the implementation of this Regulation;
(j) with the exception of personal data, allow for statistics, such as the number of authorisations, the quantities and values of actual imports and exports, the number of refusals to grant an authorisation in respect of listed goods, and the reasons therefor, including by origin and by destination.
The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating to the processing of personal data and the exchange of data with other IT systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(3).
The Commission shall provide access to the electronic licensing system to:
(a) customs authorities and competent authorities for the purpose of executing their obligations under this Regulation and under the customs legislation;
(b) persons requesting an authorisation, an exemption, or administrative simplification;
(c) the relevant Commission services for the purposes of maintaining the system, the exchange of data according to paragraph 1, points (e) and (f), and the collection of data in accordance with paragraph 1, points (i) and (j).
The persons referred to in point (b) of the first subparagraph shall have access only to information regarding themselves.
The Commission shall provide for interconnection between the electronic licensing system and the electronic national licencing systems, if they have been established.
The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
The electronic licensing system shall be in place by 12 February 2027.
For the purposes of the verification and the communication referred to in Article 29(3) and (4) of this Regulation, respectively, the electronic European Union Customs Single Window Certificates Exchange System referred to in Article 4 of Regulation (EU) 2022/2399 connects the electronic licensing system with the EU Single Window Environment for Customs. That interconnection shall be established by 12 February 2031.
Article 35
Information and reporting obligations
Member States shall report to the Commission by 1 July each year on the models of the alarm and signal weapons that have been checked in accordance with Article 8. Those reports shall be discussed in the Firearms Imports and Exports Coordination Group referred to in Article 39.
Member States shall report every 2 years to the Firearms Imports and Exports Coordination Group referred to in Article 39 the results of the monitoring of authorisations referred to in Articles 10(8) and 24(5). Those reports shall be discussed in the Firearms Imports and Exports Coordination Group.
CHAPTER VI
GENERAL AND FINAL PROVISIONS
Article 36
Secure procedures
Member States shall take the measures necessary to ensure that their authorisation procedures are secure, and that the authenticity of authorisation documents can be verified or validated.
Member States may also, where appropriate, ensure verification and validation by means of diplomatic channels.
Article 37
Tasks of competent authorities
In order to ensure that this Regulation is applied properly, Member States shall take necessary and proportionate measures to enable their competent authorities to:
(a) enforce, with any necessary measures, the application of this Regulation, including, where appropriate, the confiscation and sale or destruction of listed goods;
(b) gather information on any order or transaction involving listed goods; and
(c) establish that the obligations of a person under this Regulation are being properly fulfilled, which can, in particular, include the power to enter the premises of that person and other persons with an interest in the transaction concerned.
Upon request of a third country of export that is a State Party to the UN Firearms Protocol at the time of the export, the competent authority of the Member State issuing the import authorisation used for the export from the third country shall confirm the import or temporary storage of the listed goods concerned by the import authorisation.
Article 38
Enforcement
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them.
The whistle-blower-protection regime established by Directive (EU) 2019/1937 shall apply to persons who report breaches of this Regulation.
Article 39
Coordination group
A Firearms Imports and Exports Coordination Group (the ‘Coordination Group’) chaired by a representative of the Commission shall be set up. It shall be composed of representatives of the competent authorities referred to in Article 40(2).
The Coordination Group shall examine any question on the application of this Regulation which may be raised either by the Chair or by a representative of the competent authorities referred to in Article 40(2). The processing and use of information in accordance with this paragraph shall comply with Regulation (EC) No 515/97 concerning its confidentiality.
The Chair of the Coordination Group, or the Coordination Group, shall, whenever necessary, consult any relevant stakeholders concerned by this Regulation.
Article 40
Implementation tasks
Each Member State shall inform the Commission of the laws, regulations and administrative provisions adopted in implementation of this Regulation.
By 12 August 2025 each Member State shall designate and inform the other Member States and the Commission of the national authority or authorities competent for implementing this Regulation.
Based on the information received pursuant to paragraph 2, the Commission shall publish and update on its website a list of the authorities referred to in that paragraph as and when changes occur.
Upon request of the Coordination Group and in any event every 10 years, the Commission shall review the implementation of this Regulation and shall present a report to the European Parliament and the Council on its application, which may include proposals for its amendment. Member States shall provide the Commission with all appropriate information for the preparation of the report. The Commission shall publish a first interim application report by 12 February 2030.
Article 41
Delegated acts
The Commission is empowered to adopt delegated acts in accordance with Article 42 to:
(a) supplement this Regulation with the rules establishing a Union general import authorisation referred to in Article 9(2), point (c), of this Regulation for authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013, by specifying the format, use and geographical validity for that type of authorisation;
(b) supplement this Regulation with the rules establishing a Union general export authorisation referred to in Article 19(3), point (d), of this Regulation for authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013 by specifying the format, use and geographical validity for that type of authorisation;
(c) to supplement this Regulation by determining the part of the ATA carnet in which the reference to authorisations granted by the competent authority or reference numbers provided by the competent authority are to be indicated by the declarant in accordance with Article 29(1);
(d) amend Annex I to this Regulation on the basis of amendments to Annex I to Regulation (EEC) No 2658/87, and on the basis of amendments to Annex I to Directive (EU) 2021/555;
(e) amend Annexes II, III and IV to this Regulation.
Article 42
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 41 shall be conferred on the Commission for an indeterminate period of time.
The delegation of power referred to in Article 41 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 41 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 43
Committee procedure
The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 44
Transitional period
Until 12 February 2029, for the implementation of Article 32(1), each Member State shall by 31 July each year submit to the Commission the following information:
(a) the number of import and export authorisations it granted during the previous year;
(b) the number of refusals of export authorisations during the previous year and the reasons therefor; and,
(c) the number of infringements and penalties related to the enforcement of this Regulation during the previous year.
Authorisations for the import or export of listed goods, subject to Articles 9, 11, 19, and 23 and granted before 12 February 2029 shall remain valid for a maximum period of 12 months from that date.
Authorisations for the import or export of listed goods, requested before 12 February 2029 and pending on that date, shall be granted in accordance with the provisions applicable before that date. Those authorisations shall be valid for a maximum period of 12 months from that date.
Quantitative restrictions on imports of the listed goods referred to in Article 14, which are in force in the Member States on 11 February 2025, shall be notified to the Commission in accordance with the procedure set out in Articles 15, 16 and 17. Member States shall make that notification by 12 August 2028.
Article 45
Repeal
Regulation (EU) No 258/2012 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex V to this Regulation.
Article 46
Entry into force and application
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 12 February 2029.
However, Article 2(2), Article 8(2), Article 9(1), Article 11(6), Articles 14 to 18, Article 30(8), Article 34, Article 35, Articles 38 to 44, and Article 46 shall apply from 11 February 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2024.
For the European Parliament The President R. METSOLA
For the Council The President BÓKA J.
(1) Position of the European Parliament of 23 April 2024 (not yet published in the Official Journal) and decision of the Council of 16 December 2024.
(2) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 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), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1).
(3) Council Decision 2001/748/EC of 16 October 2001 concerning the signing on behalf of the European Community of the United Nations Protocol on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, annexed to the Convention against transnational organised crime (OJ L 280, 24.10.2001, p. 5).
(4) OJ L 89, 25.3.2014, p. 10.
(5) Council Decision 2014/164/EU of 11 February 2014 on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (OJ L 89, 25.3.2014, p. 7).
(6) Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defense-related products within the Community (OJ L 146, 10.6.2009, p. 1).
(7) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
(8) Council Decision (CFSP) 2021/38 of 15 January 2021 establishing a common approach on the elements of end-user certificates in the context of the export of small arms and light weapons and their ammunition (OJ L 14, 18.1.2021, p. 4).
(9) Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (OJ L 115, 6.4.2021, p. 1).
(10) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1).
(11) Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering (OJ L 156, 25.6.2003, p. 79).
(12) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(13) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).
(14) 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 (OJ L 333, 19.12.2015, p. 62).
(15) Commission Implementing Directive (EU) 2019/69 of 16 January 2019 laying down technical specifications for alarm and signal weapons under Council Directive 91/477/EEC on control of the acquisition and possession of weapons (OJ L 15, 17.1.2019, p. 22).
(16) Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).
(17) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
(18) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
(19) Regulation (EU) 2016/794 of the European Parliament and the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(20) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(21) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(22) Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms (SCH/Com-ex (99) 10) (OJ L 239, 22.9.2000, p. 469).
(23) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1).
(24) OJ L 130, 27.5.1993, p. 4.
(25) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
(26) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(27) OJ L 123, 12.5.2016, p. 1.
(28) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(29) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(30) Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23).
(31) Common Military list of the European Union adopted by the Council on 19 February 2024 (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment) (updating and replacing the Common Military List of the European Union adopted by the Council on 20 February 2023) (CFSP) (OJ C, C/2024/1945, 1.3.2024, ELI: http://data.europa.eu/eli/C/2024/1945/oj).
(32) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
(33) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).
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