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30.3.2012 Official
Journal
of
the
European
Union
L
94/1
I
(Legislative acts)
REGULATIONS
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) In
order
to
facilitate
the
tracing
of
firearms
and
efficiently
EUROPEAN UNION,
combat illicit trafficking in firearms, their parts and
essential components and ammunition, it is necessary
to improve the exchange of information between
Having regard to the Treaty on the Functioning of the European
Member States, in particular through the better use of
Union, and in particular Article 207 thereof,
existing communication channels.
Having regard to the proposal from the European Commission,
(4) Personal
data
must
be
processed
in
accordance
with
the
rules laid down in Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on
After transmission of the draft legislative act to the national
the protection of individuals with regard to the
Parliaments,
processing of personal data and on the free movement
of such data ( 3 ) and Regulation (EC) No 45/2001 of the
European Parliament and of the Council of 18 December
Acting in accordance with the ordinary legislative procedure (
2000 on the protection of individuals with regard to the

1 ),
processing of personal data by the Community insti
tutions and bodies and on the free movement of such
data ( 4 ).
Whereas:
(1) In
accordance
with
Council
Decision
2001/748/EC
of (5) In
its
Communication
of
18
July
2005
on
measures
to
16 October 2001 concerning the signing on behalf of
ensure greater security in explosives, detonators, bomb-
the European Community of the United Nations Protocol
making equipment and firearms ( 5 ), the Commission
on the illicit manufacturing of and trafficking in firearms,
announced its intention to implement Article 10 of the
their parts, components and ammunition, annexed to the
UN Firearms Protocol as part of the measures which need
Convention against transnational organised crime ( 2 ), the
to be taken in order for the Union to be in a position to
Commission signed that Protocol (hereinafter referred to
conclude that Protocol.
as the ‘UN Firearms Protocol’) on behalf of the
Community on 16 January 2002.
(6) The
UN
Firearms
Protocol
requires
Parties
to
put
in
place
(2) The
UN
Firearms
Protocol,
the
purpose
of
which
is
to
or improve administrative procedures or systems to
promote, facilitate and strengthen cooperation among
exercise effective control over the manufacturing,
Parties in order to prevent, combat and eradicate the
marking, import and export of firearms.
illicit manufacturing of and trafficking in firearms, their
parts and components and ammunition, entered into
( 3 ) OJ L 281, 23.11.1995, p. 31.
force on 3 July 2005.
( 4 ) OJ L 8, 12.1.2001, p. 1.
( 5 ) COM(2005) 329. The Communication also announced the technical
modification of Directive 91/477/EEC aimed at integrating the
( 1 ) Position of the European Parliament of 13 October 2011 (not yet
appropriate provisions required by the UN Protocol as regards
published in the Official Journal) and Council Decision of 8 March
intra-Community transfers of weapons concerned by the Directive,
2012.
finally amended by Directive 2008/51/EC of the European
( 2 ) OJ L 280, 24.10.2001, p. 5.
Parliament and of the Council (OJ L 179, 8.7.2008, p. 5).

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Official Journal of the European Union
30.3.2012
(7) Compliance
with
the
UN
Firearms
Protocol
also
requires (14) In
order
to
maintain
the
list
of
firearms,
their
parts
and
that illicit manufacture of or trafficking in firearms, their
essential components and ammunition for which an
parts and essential components and ammunition be
authorisation is required under this Regulation, the
established as criminal offences, and that measures be
power to adopt acts in accordance with Article 290 of
taken to enable the confiscation of items so manu
the Treaty on the Functioning of the European Union
factured or trafficked.
should be delegated to the Commission in respect of
aligning Annex I to this Regulation to Annex I to
Council Regulation (EEC) No 2658/87 of 23 July 1987
on the tariff and statistical nomenclature and on the
(8) This
Regulation
should
not
apply
to
firearms,
their
parts
Common Customs Tariff
( 3 ), and to Annex I to
and essential components or ammunition that are
Directive 91/477/EEC. It is of particular importance
intended specifically for military purposes. The
that the Commission carry out appropriate consultations
measures to meet the requirements of Article 10 of the
during its preparatory work, including at expert level.
UN Firearms Protocol should be adapted to provide for
The Commission, when preparing and drawing up
simplified procedures for firearms for civilian use.
delegated acts, should ensure a simultaneous, timely
Consequently, some facilitation with regard to authori
and appropriate transmission of relevant documents to
sation for multiple shipments, transit measures and
the European Parliament and to the Council.
temporary exports for lawful purposes should be
ensured.
(15) The Union has adopted a body of customs rules,
(9) This
Regulation
does
not
affect
the
application
of
contained in Council Regulation (EEC) No 2913/92 of
Article 346 of the Treaty on the Functioning of the
12 October 1992 establishing the Community Customs
European Union, which refers to essential interests of
Code ( 4 ) and its implementing provisions as laid down in
the security of the Member States, nor has this Regu
Commission Regulation (EEC) No 2454/93
( 5 ).
lation any impact on Directive 2009/43/EC of the
Consideration should also be given to Regulation (EC)
European Parliament and of the Council of 6 May
No 450/2008 of the European Parliament and of the
2009 simplifying terms and conditions of transfers of
Council of 23 April 2008 laying down the Community
defence-related products within the Community ( 1 ), or
Customs Code (Modernised Customs Code) ( 6 ) whose
on Council Directive 91/477/EEC of 18 June 1991 on
provisions are applicable in different phases according
control of the acquisition and possession of weapons ( 2 ).
to Article 188 thereof. Nothing in this Regulation
Moreover, the UN Firearms Protocol, and consequently
constrains any powers under and pursuant to the
this Regulation, do not apply to State-to-State trans
Community Customs Code and its implementing provi
actions or to State transfers in cases where the appli
sions.
cation of the Protocol 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.
(16) Member States should lay down rules on penalties
applicable to infringements of this Regulation and
ensure that they are implemented. Those penalties
should be effective, proportionate and dissuasive.
(10) Directive
91/477/EEC
addresses
transfers
of
firearms
for
civilian use within the territory of the Union, while this
Regulation focuses on measures in respect of export from
the customs territory of the Union to or through third
countries.
(17) This Regulation is without prejudice to the Union regime
for the control of exports, transfer, brokering and transit
of dual-use items established by Council Regulation (EC)
No 428/2009 ( 7 ).
(11) Firearms, their parts and essential components and
ammunition when imported from third countries are
subject to Union law and, in particular, to the
requirements of Directive 91/477/EEC.
(18) This Regulation is consistent with the other relevant
provisions on firearms, their parts, essential components
and ammunition for military use, security strategies, illicit
trafficking in small arms and light weapons and exports
(12) Consistency
should
be
ensured
with
regard
to
record-
of military technology, including Council Common
keeping provisions in force under Union law.
Position 2008/944/CFSP of 8 December 2008 defining
common rules governing control of exports of military
technology and equipment ( 8 ).
(13) In
order to ensure that this Regulation is properly
applied, Member States should take measures giving the
( 3 ) OJ L 256, 7.9.1987, p. 1.
competent authorities appropriate powers.
( 4 ) OJ L 302, 19.10.1992, p. 1.
( 5 ) OJ L 253, 11.10.1993, p. 1.
( 6 ) OJ L 145, 4.6.2008, p. 1.
( 1 ) OJ L 146, 10.6.2009, p. 1.
( 7 ) OJ L 134, 29.5.2009, p. 1.
( 2 ) OJ L 256, 13.9.1991, p. 51.
( 8 ) OJ L 335, 13.12.2008, p. 99.

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(19) The
Commission
and
the
Member
States
should
inform
propellant powder, bullets or projectiles that are used in
each other of the measures taken under this Regulation
a firearm, as referred to in Annex I, provided that those
and of other relevant information at their disposal in
components are themselves subject to authorisation in the
connection with this Regulation.
relevant Member State;
(20) This
Regulation
does
not
prevent
the
Member
States
from applying their constitutional rules relating to
(5) ‘deactivated firearms’ means objects otherwise
public access to official documents, taking into account
corresponding to the definition of a firearm which have
Regulation (EC) No 1049/2001 of the European
been rendered permanently unfit for use by deactivation,
Parliament and of the Council of 30 May 2001
ensuring that all essential parts of the firearm have been
regarding public access to European Parliament, Council
rendered permanently inoperable and incapable of
and Commission documents (
removal, replacement or modification that would permit

1 ),
the firearm to be reactivated in any way.
HAVE ADOPTED THIS REGULATION:
Member States shall make arrangements for these deacti
CHAPTER I
vation measures to be verified by a competent authority.
Member States shall, in the context of that verification,
SUBJECT, DEFINITIONS AND SCOPE
provide for the issue of a certificate or record attesting
Article 1
to the deactivation of the firearm or the apposition of a
clearly visible mark to that effect on the firearm;
This Regulation lays down rules governing export authorisation,
and import and transit measures for firearms, their parts and
essential components and ammunition, for the purpose of
(6) ‘export’ means:
implementing Article 10 of the United Nations Protocol
against the Illicit Manufacturing of and Trafficking in
Firearms, their Parts and Components and Ammunition, supple
(a) an export procedure within the meaning of Article 161
menting the United Nations Convention against Transnational
of Regulation (EEC) No 2913/92;
Organised Crime (the ‘UN Firearms Protocol’).
(b) a re-export within the meaning of Article 182 of
Article 2
Regulation (EEC) No 2913/92 but not including
For the purposes of this Regulation:
goods moving under the external transit procedure,
as referred to in Article 91 of that Regulation where
no re-export formalities as referred to in Article 182(2)
(1) ‘firearm’ means any portable barrelled weapon that expels,
thereof have been fulfilled;
is designed to expel or may be converted to expel, a shot,
bullet or projectile by the action of a combustible
propellant as referred to in Annex I.
(7) ‘person’ means a natural person, a legal person and, where
the possibility is provided for under the rules in force, an
An object is considered as capable of being converted to
association of persons recognised as having the capacity to
expel a shot, bullet or projectile by the action of a
perform legal acts but lacking the legal status of a legal
combustible propellant if:
person;
— it has the appearance of a firearm, and
(8) ‘exporter’ means any person, established in the Union,
who makes or on whose behalf an export declaration is
— as a result of its construction or the material from
made, that is to say the person who, at the time when the
which it is made, it can be so converted;
declaration is accepted, holds the contract with the
consignee in the third country and has the power for
(2) ‘parts’ means any element or replacement element as
determining the sending of the item out of the customs
referred to in Annex I specifically designed for a firearm
territory of the Union. If no export contract has been
and essential to its operation, including a barrel, frame or
concluded or if the holder of the contract does not act
receiver, slide or cylinder, bolt or breech block, and any
on its own behalf, the exporter shall mean the person who
device designed or adapted to diminish the sound caused
has the power for determining the sending of the item out
by firing a firearm;
of the customs territory of the Union.
(3) ‘essential components’ means the breech-closing mech
anism, the chamber and the barrel of a firearm which,
Where the benefit of a right to dispose of firearms, their
being separate objects, are included in the category of
parts and essential components or ammunition accrues to
the firearms on which they are or are intended to be
a person established outside the Union pursuant to the
mounted;
contract on which the export is based, the exporter shall
be considered to be the contracting party established in
the Union;
(4) ‘ammunition’ means the complete round or the
components thereof, including cartridge cases, primers,
(9) ‘customs territory of the Union’ means the territory within
( 1 ) OJ L 145, 31.5.2001, p. 43.
the meaning of Article 3 of Regulation (EEC) No 2913/92;

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(10) ‘export declaration’ means the act whereby a person
(16) ‘tracing’ means the systematic tracking of firearms and,
indicates in the prescribed form and manner his
where possible, their parts and essential components and
intention to place firearms, their parts and essential
ammunition from manufacturer to purchaser for the
components, and ammunition under an export procedure;
purpose of assisting the competent authorities of
Member States in detecting, investigating and analysing
illicit manufacturing and trafficking.
(11) ‘temporary export’ means the movement of firearms
leaving the customs territory of the Union and intended
for re-importation within a period not exceeding 24
months;
Article 3
1. This
Regulation
shall
not
apply
to:
(12) ‘transit’ means the operation of transport of goods leaving
the customs territory of the Union and passing through
the territory of one or more third countries with final
(a) State to State transactions or State transfers;
destination in another third country;
(b) firearms, their parts and essential components and
(13) ‘transhipment’ means transit involving the physical
ammunition if specially designed for military use and, in
operation of unloading goods from the importing means
any case, firearms of the fully automatic firing type;
of transport followed by reloading, for the purpose of re-
exportation, generally onto another means of transport;
(c) firearms, their parts and essential components and
(14) ‘export authorisation’ means:
ammunition when destined for the armed forces, the
police, or the public authorities of the Member States;
(a) a single authorisation or licence granted to one specific
exporter for one shipment of one or more firearms,
(d) collectors and bodies concerned with cultural and historical
their parts and essential components and ammunition
aspects of firearms, their parts and essential components
to one identified final recipient or consignee in a third
and ammunition and recognised as such for the purpose
country; or
of this Regulation by the Member State in whose territory
they are established, provided that tracing measures are
(b) a multiple authorisation or licence granted to one
ensured;
specific exporter for multiple shipments of one or
more firearms, their parts and essential components
and ammunition to one identified final recipient or
(e) deactivated firearms;
consignee in a third country; or
(c) a global authorisation or licence granted to one
(f) antique firearms and their replicas as defined in accordance
specific exporter for multiple shipments of one or
with national legislation, provided that antique firearms do
more firearms, their parts and essential components
not include firearms manufactured after 1899.
and ammunition to several identified final recipients
or consignees in one or several third countries;
2. This Regulation is without prejudice to Regulation (EEC)
No 2913/92 (Community Customs Code), Regulation (EEC) No
(15) ‘illicit trafficking’ means the import, export, sale, delivery,
2454/93 (implementing provisions of the Community Customs
movement or transfer of firearms, their parts and essential
Code), Regulation (EC) No 450/2008 (Modernised Customs
components or ammunition from or across the territory of
Code), and to the regime for the control of exports, transfer,
one Member State to that of a third country, if any of the
brokering and transit of dual-use items established by Regu
following applies:
lation (EC) No 428/2009 (Dual Use Regulation).
(a) the Member State concerned does not authorise it in
accordance with the terms of this Regulation;
CHAPTER II
EXPORT AUTHORISATION, PROCEDURES AND CONTROLS
(b) the firearms are not marked in accordance with
AND IMPORT AND TRANSIT MEASURES
Article 4(1) and (2) of Directive 91/477/EEC;
Article 4
1. An
export
authorisation
established
in
accordance
with
(c) the imported firearms are not marked at the time of
the form set out in Annex II shall be required for the export
import at least with a simple marking permitting
of firearms, their parts and essential components and
identification of the first country of import within
ammunition listed in Annex I. Such authorisation shall be
the European Union, or, where the firearms do not
granted by the competent authorities of the Member State
bear such a marking, a unique marking identifying
where the exporter is established and shall be issued in
the imported firearms;
writing or by electronic means.

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2. Where
the
export
of
firearms,
their
parts,
essential
Article 7
components and ammunition requires an export authorisation
pursuant to this Regulation and that export is also subject to
1. Before
issuing
an
export
authorisation
for
firearms,
their
authorisation requirements in accordance with Common
parts and essential components and ammunition, the Member
Position 2008/944/CFSP, Member States may use a single
State concerned shall verify that:
procedure to carry out the obligations imposed on them by
this Regulation and by that Common Position.
(a) the importing third country has authorised the relevant
import; and
3. If
the
firearms,
their
parts
and
essential
components
and
ammunition are located in one or more Member States other
(b) the third countries of transit, if any, have given notice in
than the one where the application for export authorisation has
writing — and at the latest prior to shipment — that they
been made, that fact shall be indicated on that application. The
have no objection to the transit. This provision does not
competent authorities of the Member State to which the appli
apply:
cation for export authorisation has been made shall immediately
consult the competent authorities of the Member State or States
— to shipments by sea or air and through ports or airports
in question and provide the relevant information. The Member
of third countries provided that that there is no trans
State or States consulted shall make known within 10 working
hipment or change of means of transport,
days any objections it or they may have to the granting of such
an authorisation, which shall bind the Member State in which
the application has been made.
— in the case of temporary exports for verifiable lawful
purposes, which include hunting, sport shooting, evalu
ation, exhibitions without sale, and repair.
Article 5
The Commission shall be empowered to adopt delegated acts in
2. Member
States
may
decide
that,
if
no
objections
to
the
accordance with Article 6 to amend Annex I on the basis of the
transit are received within 20 working days from the day of the
amendments to Annex I to Regulation (EEC) No 2658/87, and
written request for no objection to the transit submitted by the
on the basis of the amendments to Annex I to Directive
exporter, the consulted third country of transit shall be regarded
91/477/EEC.
as having no objection to the transit.
3. The
exporter
shall
supply
the
competent
authority
of
the
Article 6
Member State responsible for issuing the export authorisation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the with the necessary documents proving that the importing third
Commission subject to the conditions laid down in this Article.
country has authorised the import and that the third country of
transit had no objection to the transit.
2. The power to adopt delegated acts referred to in Article 5
4. Member
States
shall
process
applications
for
export
auth
shall be conferred on the Commission for an indeterminate
orisations within a period of time to be determined by national
period of time.
law or practice, which shall not exceed 60 working days, from
the date on which all required information has been provided to
the competent authorities. Under exceptional circumstances and
3. The
delegation
of
power
referred
to
in
Article
5
may
be for duly justified reasons, that period may be extended to 90
revoked at any time by the European Parliament or by the
working days.
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
5. The period of validity of an export authorisation shall not
Journal of the European Union or at a later date specified
exceed the period of validity of the import authorisation. Where
therein. It shall not affect the validity of any delegated acts
the import authorisation does not specify a period of validity,
already in force.
except under exceptional circumstances and for duly justified
reasons, the period of validity of an export authorisation shall
be at least nine months.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
6. Member
States
may
decide
to
make
use
of
electronic
Council.
documents for the purpose of processing the applications for
export authorisation.
5. A
delegated
act
adopted
pursuant
to
Article
5
shall
enter
into force only if no objection has been expressed either by the
Article 8
European Parliament or the Council within a period of two
1. For the purpose of tracing, the export authorisation and
months of notification of that act to the European Parliament
the import licence or import authorisation issued by the
and the Council or if, before the expiry of that period, the
importing third country and the accompanying documentation
European Parliament and the Council have both informed the
shall together contain information that includes:
Commission that they will not object. That period shall be
extended by two months at the initiative of the European
Parliament or of the Council.
(a) the dates of issue and expiry;

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(b) the place of issue;
items are handed over to the airline for transport out of the
customs territory of the Union.
(c) the country of export;
When leaving the customs territory of the Union through
(d) the country of import;
the Member State of their residence, hunters and sport
shooters may, instead of a European Firearms Pass, choose
(e) whenever applicable, the third country or countries of
to produce another document considered valid for this
transit;
purpose by the competent authorities of that Member State.
(f) the consignee;
(c) The competent authorities of a Member State shall, for a
period not exceeding 10 days, suspend the process of export
(g) the final recipient, if known at the time of the shipment;
or, if necessary, otherwise prevent firearms, their parts and
essential components or ammunition from leaving the
(h) particulars enabling the identification of the firearms, their
customs territory of the Union through that Member
parts and essential components and ammunition, and the
State, where they have grounds for suspicion that the
quantity thereof including, at the latest prior to the
reasons substantiated by hunters or sport shooters are not
shipment, the marking applied to the firearms.
in conformity with the relevant considerations and the
obligations laid down in Article 10. In exceptional circum
2. The
information
referred
to
in
paragraph
1,
if
contained
stances and for duly justified reasons, the period referred to
in the import licence or import authorisation, shall be provided
in this point may be extended to 30 days.
by the exporter in advance to the third countries of transit, at
the latest prior to the shipment.
2. Member
States
shall,
in
accordance
with
national
law,
establish simplified procedures for:
Article 9
1. Simplified procedures for the temporary export or the re-
(a) the re-export of firearms following temporary admission for
export of firearms, their parts, essential components and
evaluation or exhibition without sale, or inward processing
ammunition shall apply as follows:
for repair, provided that the firearms remain the property of
a person established outside the customs territory of the
(a) No export authorisation shall be required for:
Union and the firearms are re-exported to that person;
(i) the temporary export by hunters or sport shooters as
part of their accompanied personal effects, during a
(b) the re-export of firearms, their parts and essential
journey to a third country, provided that they
components and ammunition if they are held in
substantiate to the competent authorities the reasons
temporary storage from the moment they enter the
for the journey, in particular by producing an invitation
customs territory of the Union until their exit;
or other proof of the hunting or sport shooting
activities in the third country of destination, of:
(c) the temporary export of firearms for the purpose of
evaluation and repair and exhibition without sale,
— one or more firearms,
provided that the exporter substantiates the lawful
possession of these firearms and exports them under the
— their essential components, if marked, as well as
outward processing or temporary exportation customs
parts,
procedures.
— their related ammunition, limited to a maximum of
Article 10
800 rounds for hunters and a maximum of 1 200
rounds for sport shooters;
1. In
deciding
whether
to
grant
an
export
authorisation
under this Regulation, Member States shall take into account
(ii) the re-export by hunters or sport shooters as part of
all relevant considerations including, where appropriate:
their accompanied personal effects following temporary
admission for hunting or sport shooting activities,
provided that the firearms remain the property of a
(a) their obligations and commitments as parties to the relevant
person established outside the customs territory of the
international export control arrangements or relevant inter
Union and the firearms are re-exported to that person.
national treaties;
(b) When leaving the customs territory of the Union through a
(b) considerations of national foreign and security policy,
Member State other than the Member State of their resi
including those covered by Common Position
dence, hunters and sport shooters shall produce to the
2008/944/CFSP;
competent authorities a European Firearms Pass as
provided for in Articles 1 and 12 of Directive 91/477/EEC.
In the case of travel by air, the European Firearms Pass shall
(c) considerations as to intended end use, consignee, identified
be produced to the competent authorities where the relevant
final recipient and the risk of diversion.

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2. In
addition
to
the
relevant
considerations
set
out
in notify the competent authorities of the other Member States,
paragraph 1, when assessing an application for an export auth
providing all relevant information to explain the decision.
orisation, Member States shall take into account the application
by the exporter of proportionate and adequate means and
procedures to ensure compliance with the provisions and
4. All
information
shared
in
accordance
with
the
provisions
objectives of this Regulation and with the terms and conditions
of this Article shall be in compliance with the provisions of
of the authorisation.
Article 19(2) concerning its confidentiality.
In deciding whether to grant an export authorisation under this
Article 12
Regulation, Member States shall respect their obligations with
In accordance with their national law or practice in force,
regard to sanctions imposed by decisions adopted by the
Member States shall keep, for not less than 20 years, all
Council or by a decision of the Organisation for Security and
information relating to firearms and, where appropriate and
Cooperation in Europe (OSCE) or by a binding resolution of the
feasible, their parts and essential components and ammunition,
Security Council of the United Nations, in particular as regards
which is necessary to trace and identify those firearms, their
arms embargoes.
parts and essential components and ammunition, and to
prevent and detect illicit trafficking therein. That information
Article 11
shall include the place, dates of issue and expiry of the export
authorisation; the country of export; the country of import;
1. Member
States
shall:
where applicable, the third country of transit; the consignee;
the final recipient if known at the time of export; and the
(a) refuse to grant an export authorisation if the applicant has a
description and quantity of the items, including any markings
criminal record concerning conduct constituting an offence
applied to them.
listed in Article 2(2) of Council Framework Decision
2002/584/JHA of 13 June 2002 on the European arrest
This Article shall not apply to exports as referred to in
warrant and the surrender procedures between Member
Article 9.
States ( 1 ), or concerning any other conduct provided that
it constituted an offence punishable by a maximum depri
vation of liberty of at least four years or a more serious
Article 13
penalty;
1. Member
States
shall,
in
case
of
suspicion,
request
the
importing third country to confirm receipt of the dispatched
(b) annul, suspend, modify or revoke an export authorisation if
shipment of firearms, their parts and essential components or
the conditions for granting it are not met or are no longer
ammunition.
met.
2. Upon
request
of
a
third
country
of
export
which
is
a
Party
This paragraph is without prejudice to stricter rules under
to the UN Firearms Protocol at the time of the export, Member
national legislation.
States shall confirm the receipt within the customs territory of
the Union of the dispatched shipment of firearms, their parts
and essential components or ammunition, which shall be
2. Where
Member
States
refuse,
annul,
suspend,
modify
or ensured in principle by producing the relevant customs
revoke an export authorisation, they shall notify the competent
importation documents.
authorities of the other Member States thereof and share the
relevant information with them. Where the competent auth
orities of a Member State have suspended an export authori
3. Member States shall comply with paragraphs 1 and 2 in
sation, their final assessment shall be communicated to the
accordance with their national law or practice in force. In
other Member States at the end of the period of suspension.
particular, with regard to exports, the competent authority of
the Member State may decide either to address the exporter or
3. Before
the
competent
authorities
of
a
Member
State
grant to contact the importing third country directly.
an export authorisation under this Regulation, they shall take
into account all refusals under this Regulation of which they
Article 14
have been notified, in order to ascertain whether an authori
sation has been refused by the competent authorities of another
Member States shall take such measures as may be necessary to
Member State or Member States for an essentially identical
ensure that their authorisation procedures are secure and that
transaction (concerning an item with essentially identical
the authenticity of authorisation documents can be verified or
parameters or technical characteristics and in respect of the
validated.
same importer or consignee).
Verification and validation may also, where appropriate, be
They may first consult the competent authorities of the Member
ensured by means of diplomatic channels.
State or Member States which issued refusals, annulments,
suspensions, modifications or revocations under paragraphs 1
and 2. If, following such consultation, the competent authorities
Article 15
of the Member State decide to grant an authorisation, they shall
In order to ensure that this Regulation is properly applied,
Member States shall take necessary and proportionate
( 1 ) OJ L 190, 18.7.2002, p. 1.
measures to enable their competent authorities to:

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L 94/8
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Official Journal of the European Union
30.3.2012
(a) gather information on any order or transaction involving
The Commission shall publish and update that information on a
firearms, their parts and essential components and
yearly basis in the C series of the Official Journal of the European
ammunition; and
Union.
(b) establish that the export control measures are being
CHAPTER IV
properly applied, which may, in particular, include the
power to enter the premises of persons with an interest
ADMINISTRATIVE COOPERATION
in an export transaction.
Article 19
1. Member
States
shall,
in
cooperation
with
the
Commission
Article 16
and in accordance with Article 21(2), take all appropriate
Member States shall lay down the rules on penalties applicable
measures to establish direct cooperation and exchange of
to infringements of this Regulation and shall take all measures
information between competent authorities with a view to
necessary to ensure that they are implemented. The penalties
enhancing the efficiency of the measures established by this
provided for must be effective, proportionate and dissuasive.
Regulation. Such information may include:
CHAPTER III
(a) details of exporters whose application for an authorisation is
refused, or of exporters who are the subject of decisions
CUSTOMS FORMALITIES
taken by Member States pursuant to Article 11;
Article 17
(b) data on consignees or other actors involved in suspicious
1. When
completing
customs
formalities
for
the
export
of
activities, and, where available, routes taken.
firearms, their parts and essential components or ammunition at
the customs office of export, the exporter shall furnish proof
that any necessary export authorisation has been obtained.
2. Council
Regulation
(EC)
No
515/97
( 1 ) on mutual
assistance, and in particular the provisions thereof as to the
confidentiality of information, shall apply mutatis mutandis to
2. The
exporter
may
be
required
to
provide
a
translation
into measures under this Article, without prejudice to Article 20
an official language of the Member State where the export
of this Regulation.
declaration is presented of any documents furnished as proof.
CHAPTER V
3. Without
prejudice
to
any
powers
conferred
on
them
under Regulation (EEC) No 2913/92, Member States shall, for
GENERAL AND FINAL PROVISIONS
a period not exceeding 10 days, suspend the process of export
from their territory or, if necessary, otherwise prevent firearms,
Article 20
their parts and essential components or ammunition which are
1. A
Firearms
Exports
Coordination
Group
(the
‘Coor
covered by a valid export authorisation from leaving the
dination Group’) chaired by a representative of the Commission
customs territory of the Union through their territory, where
shall be set up. Each Member State shall appoint a represen
they have grounds for suspicion that:
tative to it.
(a) relevant information was not taken into account when the
The Coordination Group shall examine any question concerning
authorisation was granted; or
the application of this Regulation which may be raised either by
the Chair or by a representative of a Member State. It shall be
(b) circumstances have materially changed since the authori
bound by the confidentiality rules of Regulation (EC) No
sation was granted.
515/97.
In exceptional circumstances and for duly substantiated reasons,
2. The
Chair
of
the
Coordination
Group
or
the
Coordination
that period may be extended to 30 days.
Group shall, whenever necessary, consult any relevant stake
holders concerned by this Regulation.
4. Within
the
period
or
extended
period
referred
to
in
paragraph 3, Member States shall either release the firearms,
Article 21
their parts and essential components or ammunition, or take
1. Each
Member
State
shall
inform
the
Commission
of
the
action pursuant to Article 11(1)(b).
laws, regulations and administrative provisions adopted in
implementation of this Regulation, including the measures
Article 18
referred to in Article 16.
1. Member
States
may
provide
that
customs
formalities
for
the export of firearms, their parts and essential components or
2. By
19
April
2012,
each
Member
State
shall
inform
the
ammunition can be completed only at customs offices
other Member States and the Commission of the national
empowered to that end.
( 1 ) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual
2. Member
States
availing
themselves
of
the
option
set
out
in
assistance between the administrative authorities of the Member
States and cooperation between the latter and the Commission to
paragraph 1 shall inform the Commission of the duly
ensure the correct application of the law on customs and agricultural
empowered customs offices or of subsequent changes thereto.
matters (OJ L 82, 22.3.1997, p. 1).

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EN
30.3.2012 Official
Journal
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the
European
Union
L
94/9
authorities competent for implementing Articles 7, 9, 11 and
Article 22
17. Based on that information, the Commission shall publish
and update a list of those authorities on a yearly basis in the C
This Regulation shall enter into force on the twentieth day
series of the Official Journal of the European Union.
following that of its publication in the Official Journal of the
European Union.
3. By
19
April
2017,
and
thereafter
upon
request
of
the
Coordination Group and in any event every 10 years, the
It shall apply from 30 September 2013.
Commission shall review the implementation of this Regulation
and present a report to the European Parliament and the
Council on its application, which may include proposals for
However, paragraphs 1 and 2 of Article 13 shall apply from the
its amendment. Member States shall provide the Commission
30th day after the date on which the UN Firearms Protocol
with all appropriate information for the preparation of the
enters into force in the European Union, following its
report, including information about the use of the single
conclusion pursuant to Article 218 of the Treaty on the Func
procedure provided for in Article 4(2).
tioning of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 March 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

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L 94/10
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Official Journal of the European Union
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ANNEX I ( 1 )
List of firearms, their parts and essential components and ammunition
Description CN
CODE
( 1 )
1 Semi-automatic
or
repeating
short
firearms ex
9302
00
00
2 Single-shot
short
firearms
with
centre-fire
percussion ex
9302
00
00
3 Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm ex
9302
00
00
4 Semi-automatic long firearms whose magazine and chamber can together hold more than ex 9303 20 10
three rounds
ex 9303 20 95
ex 9303 30 00
ex 9303 90 00
5 Semi-automatic long firearms whose magazine and chamber cannot together hold more ex 9303 20 10
than three rounds, where the loading device is removable or where it is not certain that the
weapon cannot be converted, with ordinary tools, into a weapon whose magazine and ex 9303 20 95
chamber can together hold more than three rounds.
ex 9303 30 00
ex 9303 90 00
6 Repeating
and
semi-automatic
long
firearms
with
smooth-bore
barrels
not
exceeding
60
cm ex 9303 20 10
in length
ex 9303 20 95
7 Semi-automatic
firearms
for
civilian
use
which
resemble
weapons
with
automatic
mech ex 9302 00 00
anisms
ex 9303 20 10
ex 9303 20 95
ex 9303 30 00
ex 9303 90 00
8 Repeating
long
firearms
other
than
those
listed
in
point
6 ex
9303
20
95
ex 9303 30 00
ex 9303 90 00
9 Long
firearms
with
single-shot
rifled
barrels ex
9303
30
00
ex 9303 90 00
10 Semi-automatic long firearms other than those in points 4 to 7 ex
9303
90
00
11 Single-shot short firearms with rimfire percussion whose overall length is not less than ex 9302 00 00
28 cm
12 Single-shot
long
firearms
with
smooth-bore
barrels 9303
10
00
ex 9303 20 10
ex 9303 20 95
13 Parts
specifically
designed
for
a
firearm
and
essential
to
its
operation,
including
a
barrel, ex 9305 10 00
frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted
to diminish the sound caused by firing a firearm.
ex 9305 21 00
Any essential component of such firearms: the breech-closing mechanism, the chamber and ex 9305 29 00
the barrel of a firearm which, being separate objects, are included in the category of the ex 9305 99 00
firearms on which they are or are intended to be mounted
( 1 ) Based on the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff
and statistical nomenclature and on the Common Customs Tariff.

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Union L
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Description CN
CODE
( 1 )
14 Ammunition: the complete round or the components thereof, including cartridge cases, ex 3601 00 00
primers, propellant powder, bullets or projectiles, that are used in a firearm, provided
that those components are themselves subject to authorisation in the relevant Member State ex 3603 00 90
ex 9306 21 00
ex 9306 29 00
ex 9306 30 10
ex 9306 30 90
ex 9306 90 90
15 Collections
and
collectors’
pieces
of
historical
interest
ex 9705 00 00
Antiques of an age exceeding 100 years
ex 9706 00 00
( 1 ) When an ‘ex’ code is indicated, the scope is to be determined by application of the CN code and corresponding description taken
together.
For the purposes of this Annex:
(a) ‘short firearm’ means a firearm with a barrel not exceeding 30 centimetres or whose overall length does not exceed
60 centimetres;
(b) ‘long firearm’ means any firearm other than a short firearm;
(c) ‘automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire more than
one round with one pull on the trigger;
(d) ‘semi-automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire only one
round with one pull on the trigger;
(e) ‘repeating firearm’ means a firearm which, after a round has been fired, is designed to be reloaded from a magazine or
cylinder by means of a manually-operated action;
(f) ‘single-shot firearm’ means a firearm with no magazine which is loaded before each shot by the manual insertion of a
round into the chamber or a loading recess at the breech of the barrel.

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ANNEX II
(model for export authorisation forms)
(referred to in Article 4 of this Regulation)
When granting export authorisations, Member States will strive to ensure the visibility of the nature of the authorisation
on the form issued.
This is an export authorisation valid in all Member States of the European Union until its expiry date.

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EN
30.3.2012 Official
Journal
of
the
European
Union L
94/13

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L 94/14
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Official Journal of the European Union
30.3.2012

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EN
30.3.2012 Official
Journal
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the
European
Union L
94/15

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Document Outline

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