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(1) A number of amendments are to be made to Regulation (EU) No 258/2012 of the European Parliament and of the Council 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 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 (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) 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 .

(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 and Council Decision (CFSP) 2021/38 .

(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 , 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 .

(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 .

(13) Nothing in this Regulation constrains any powers under and pursuant to Regulation (EU) No 952/2013 of the European Parliament and of Council or Commission Delegated Regulation (EU) 2015/2446 .

(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 . 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 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.