Commission Delegated Regulation (EU) 2019/686 of 16 January 2019 laying down the detailed arrangements under Council Directive 91/477/EEC for the systematic exchange, by electronic means, of information relating to the transfer of firearms within the Union (Text with EEA relevance.)

• CELEX: Delegated Regulation (EU) 2019/686
• Articles: 7

Article 1 Scope

This Regulation applies to the exchange of the following information via the system referred to in paragraph 5 of Article 13 of Directive 91/477/EEC:

(a)

information mentioned in paragraph 2 of that Article as regards the transfer of firearms;

(b)

information mentioned in paragraph 4 of that Article, excluding information with regard to refusals to grant authorisations as provided in Articles 6 and 7 of that Directive.

Article 2 The electronic exchange system

For the purposes of exchanging information to which this Regulation applies, the system referred to in Article 13(5) of Directive 91/477/EEC shall be the Internal Market Information System (‘IMI’) as provided for in Implementing Decision (EU) 2019/689.

Article 3 Designation by Member States of a central authority

1.   If a Member State has more than one national authority responsible, as referred to in Article 13(3) of Directive 91/477/EEC, for transmitting and receiving information to which this Regulation applies, the Member State shall designate one of those authorities to act as a central authority responsible for receiving such information from national authorities of other Member States and transmitting it to the relevant national authority within its territory responsible for that information.

2.   A Member State may also assign its central authority the task of transmitting information from its national authorities to the national or central authority of another Member State via IMI.

Article 4 Prior consent

1.   Where a Member State (‘the Member State of destination’) gives its prior consent to the transfer to its territory of a firearm situated in another Member State (‘the Member State of dispatch’), the Member State of destination, for the purposes of notifying the Member State of dispatch of its prior consent, shall transmit the following information to the Member State of dispatch:

(a)

the name of the Member State of destination and the Member State of dispatch;

(b)

the date and national reference number of the prior consent document;

(c)

information identifying the person purchasing or acquiring the firearm or, where appropriate, the owner;

(d)

information identifying the person selling or disposing of the firearm, if applicable;

(e)

the expiry date of the prior consent document in accordance with the national rules of the Member State of destination.

2.   The Member State of destination shall upload onto IMI a copy of the prior consent document and it shall transmit that copy to the Member State of dispatch together with the information transmitted pursuant to paragraph 1.

3.   The information and document referred to in paragraphs 1 and 2 shall be accessible in IMI by the national authorities responsible for that information in the Member State of destination and the Member State of dispatch.

4.   The information and document referred to in paragraphs 1 and 2 shall be uploaded and transmitted no later than 7 calendar days after the date of issue of the prior consent document.

Article 5 List of firearms the transfer of which does not need prior consent

The list of firearms to be supplied to other Member States pursuant to Article 11(4) of Directive 91/477/EEC shall be uploaded onto IMI and be accessible in IMI by the national authorities of all Member States.

Article 6 Notification of transfer authorisations or accompanying document

1.   When issuing a transfer authorisation for a firearm pursuant to Article 11(2) of Directive 91/477/EEC or when issuing the document (‘accompanying document’) required to accompany a firearm pursuant to the first subparagraph of Article 11(3) of that Directive, the competent authority of the Member State where the firearm is situated (‘the Member State of dispatch’) shall transmit the following information to the Member State to whose territory the firearm is to be transferred (‘the Member State of destination’) and to any transit Member States:

(a)

the name of the Member State of dispatch, the Member State of destination, and, if applicable, any transit Member States;

(b)

the date and national reference number of the transfer authorisation or accompanying document;

(c)

information identifying the person purchasing or acquiring the firearm, or, where appropriate, the owner;

(d)

information identifying the person selling or disposing of the firearm, if applicable;

(e)

the total number of firearms to be transferred;

(f)

in the case of a transfer authorisation, the date of departure and the estimated date of arrival of the firearm;

(g)

the expiry date of the transfer authorisation or accompanying document in accordance with the national rules of the Member State of dispatch.

2.   The Member State of dispatch shall upload onto IMI a copy of the transfer authorisation or of the accompanying document, and it shall transmit that copy to the Member State of destination and to any transit Member States together with the information transmitted pursuant to paragraph 1.

3.   Where information concerning prior consent and a copy of the prior consent document were not transmitted by the Member State of destination to the Member State of dispatch pursuant to Article 4, the Member State of dispatch shall upload onto IMI a copy of the prior consent document it has received through other means.

4.   The information and documents referred to in paragraphs 1, 2 and 3 shall be accessible in IMI by the national authorities of only the Member State of dispatch, the Member State of destination, and, if applicable, the Member States of transit.

5.   The information and documents referred to in paragraphs 1, 2 and 3, shall be uploaded and transmitted no later than the time of transfer to the first transit Member State or, if there are no transit Member States, to the Member State of destination.

Article 7

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 3 September 2019.