6įurthermore, the circumvention of rules and diversion of firearms contribute to the trafficking of firearms, their essential components and ammunition. As a result, various types of firearms have become more easily available for criminals, including terrorists with the right criminal connections. 5Ī recent study from the United Nations Office on Drugs and Crime (UNODC) also shows that the traditional closed character of the illicit firearms market in the EU is eroding due to continuing cross-border trafficking of firearms into the EU from post-conflict countries, the increased availability of easily reactivated or converted weapons and increased access to firearms through online markets. 4 The durability of firearms means that, once smuggled into a Member State, weapons can remain inside the EU for many years and easily circulate across borders.
Cross-border trafficking of firearms from non-EU countries was considered the most important supply mechanism. 3 The project “Studying the Acquisition of Illicit Firearms by Terrorists in Europe” (SAFTE) found that in the EU, external supply channels are more important than internal ones in fuelling illicit firearms markets. The 2021 Serious and Organised Crime Threat Assessment, published by the European Union Agency for Law Enforcement Cooperation (Europol), pointed out that illegal firearms originate from within the EU but also from weapon stocks outside the EU. It also establishes customs formalities, simplified procedures for export, penalties, record-keeping obligations and the obligation to share information and administrative cooperation. Specifically, the Firearms Regulation regulates the export authorisation for civilian firearms as well as the transit and import of these firearms. Therefore, being addressed to individuals and businesses operating in the legal market, the Firearms Regulation was intended to have an indirect impact on illicit trafficking. The Firearms Regulation defines the requirements for legal export procedures and for the tracing of firearms during international transports to be horizontally implemented across EU Member States. Its overall strategic objective was to reduce the risk of illicit trafficking in firearms for civilian use by ensuring coherence across Member States in rules on external trade in line with Article 10 of the UN Firearms Protocol. The Regulation aimed to address key challenges related to the tracing and illicit trafficking of civilian firearms by setting common definitions, rules and principles for export, import and transit procedures. The current EU rules on import, export and transit of firearms are contained in 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 (hereinafter ‘UN Firearms Protocol’), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (hereinafter ‘the Firearms Regulation’). 1 According to those estimates, illicit firearms outnumber legally-held firearms in 12 EU Member States 2. It is estimated that 35 million illicit firearms were owned by civilians in the EU in 2017 (56% of the estimated total of firearms). Illicit firearms also affect other areas of organised crime, such as trafficking in drugs and human beings.
Illicit flows of firearms facilitate serious and organised crime, including terrorism, by enabling violent approaches towards achieving criminal goals, supporting illicit businesses, and protecting them from competition.
Reasons for and objectives of the proposal.Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on import, export and transit measures for firearms, their 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)
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