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Subject matter
This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for listed goods, for the purpose of 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 (the ‘UN Firearms Protocol’).
Definitions
1. For the purposes of this Regulation, the following definitions apply: (1) ‘listed goods’ means firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators listed in Annex I; (2) ‘firearm’ means a firearm as defined in Article 1(1), point (1), of Directive (EU) 2021/555; (3) ‘sound moderator’ means a device designed or adapted to diminish the sound caused by firing a firearm; (4) ‘essential component’ means an essential component as defined in Article 1(1), point (2), of Directive (EU) 2021/555; (5) ‘semi-finished firearms’ means firearms that are not ready for direct use and have the approximate shape or outline of the corresponding finished firearms, and which can be used, other than in exceptional cases, only for completion into those finished firearms; (6) ‘semi-finished essential components’ means essential components that are not ready for direct use and have the approximate shape or outline of the corresponding finished essential components, and which can be used, other than in exceptional cases, only for completion into those finished essential components; (7) ‘ammunition’ means ammunition as defined in Article 1(1), point (3), of Directive (EU) 2021/555; (8) ‘deactivated firearms’ means deactivated firearms as defined in Article 1(1), point (6), of Directive (EU) 2021/555; (9) ‘alarm and signal weapons’ means alarm and signal weapons as defined in Article 1(1), point (4), of Directive (EU) 2021/555; (10) ‘person’ means a natural person, a legal person or, where the possibility is provided for under the rules in force, an association of persons recognised as having the capacity to perform legal acts but lacking the legal status of a legal person; (11) ‘customs territory of the Union’ means the customs territory provided for in Article 4 of Regulation (EU) No 952/2013; (12) ‘Union goods’ means Union goods as defined in Article 5, point (23), of Regulation (EU) No 952/2013; (13) ‘non-Union goods’ means non-Union goods as defined in Article 5, point (24), of Regulation (EU) No 952/2013; (14) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013; (15) ‘customs legislation’ means customs legislation as defined in Article 5, point (2), of Regulation (EU) No 952/2013; (16) ‘customs formalities’ means customs formalities as defined in Article 5, point (8), of Regulation (EU) No 952/2013; (17) ‘customs controls’ means customs controls as defined in Article 5, point (3), of Regulation (EU) No 952/2013; (18) ‘customs declaration’ means a customs declaration as defined in Article 5, point (12), of Regulation (EU) No 952/2013; (19) ‘entry’ means the physical entry of non-Union goods into the customs territory of the Union; (20) ‘import’ means the bringing of goods into the customs territory of the Union, and the placing of goods under release for free circulation as laid down in Article 201 of Regulation (EU) No 952/2013, or their placing under a special procedure as laid down in Article 210 of Regulation (EU) No 952/2013; (21) ‘importer’ means any natural or legal person who makes a customs declaration for an import on its own behalf, or on whose behalf the declaration is made, or in the case of transit, the holder of the procedure; (22) ‘export’ means an export procedure within the meaning of Article 269 of Regulation (EU) No 952/2013, including the situations specified in Article 269(2), points (a), (b) and (c), of Regulation (EU) No 952/2013; (23) ‘re-export’ means re-export within the meaning of Articles 270, 271 and 274 of Regulation (EU) No 952/2013; (24) ‘exit’ means the physical exit of goods from the customs territory of the Union; (25) ‘exporter’ means: (a) any natural or legal person established in the customs territory of the Union, who makes or on whose behalf a custom declaration for export is made and, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power to determine the sending of the listed goods out of the customs territory of the Union; if no export contract has been concluded or if the holder of the contract does not act on its own behalf, the ‘exporter’ means the person who has the power to determine the sending of the listed goods out of the customs territory of the Union; (b) any natural or legal person who makes or on whose behalf a re-export declaration, an exit summary declaration or a re-export notification is made and, at the time when the declaration or the re-export notification is accepted, holds the contract with the consignee in the third country and has the power to determine the sending of the listed goods out of the customs territory of the Union; if no export contract has been concluded or if the holder of the contract does not act on its own behalf, the ‘exporter’ means the person who has the power to determine the sending of the listed goods out of the customs territory of the Union; or (c) where neither point (a) nor point (b) is applicable, any natural person travelling with listed goods as their accompanied personal effects; (26) ‘declarant’ means a declarant as defined in Article 5, point (15), of Regulation (EU) No 952/2013; (27) ‘dealer’ means a dealer as defined in Article 1(1), point (9), of Directive (EU) 2021/555; (28) ‘broker’ means a broker as defined in Article 1(1), point (10), of Directive (EU) 2021/555; (29) ‘exhibition’ means a trade fair or similar event as described in Article 90(2), point (a), of Council Regulation (EC) No 1186/2009 ( 30 ) , without sales of listed goods from and to third countries; (30) ‘temporary export’ means the export of listed goods from the customs territory of the Union with the intention to import those goods back into the customs territory of the Union; (31) ‘inward processing’ means inward processing within the meaning of Article 256 of Regulation (EU) No 952/2013; (32) ‘transit’ means the transit procedures within the meaning of Title VII, Chapter 2, of Regulation (EU) No 952/2013; (33) ‘temporary admission’ means temporary admission within the meaning of Article 250 of Regulation (EU) No 952/2013; (34) ‘transhipment’ means a movement involving the physical operation of unloading listed goods from a means of transport onto another means of transport; (35) ‘illicit trafficking’ means the import, export, sale, delivery, movement or transfer of listed goods to, from or across the territory of a Member State to or from the territory of a third country, if any of the following applies: (a) the Member State concerned does not authorise it in accordance with this Regulation; (b) the listed goods are not marked in accordance with the rules on marking referred to in Article 6(1); or (c) the listed goods are declared for release for free circulation without the marking required in the rules on marking referred to in Article 6(2), unless they are exempt in accordance with paragraphs 2 or 3 of that Article; (36) ‘competent authority’ means the national authorities as provided for in Article 40(2); (37) ‘electronic licensing system’ means the system referred to in Article 34. 2. The Commission shall adopt implementing acts concerning the detailed rules on the technical characteristics of sound moderators, semi-finished firearms and semi-finished essential components, within the meaning of paragraph 1, points (3), (5) and (6), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Scope
This Regulation does not apply to: (a) state-to-state transactions or state transfers; (b) Category A listed goods, provided that they are included in the Common Military List of the European Union ( 31 ) , exported or re-exported from the customs territory of the Union, unless they are temporarily exported or re-exported in accordance with Article 22 of this Regulation; (c) Category B listed goods, provided that they are included in the Common Military List of the European Union, exported or re-exported from the territory of the Union and destined for the armed forces, the police or the public authorities; (d) Category A, B and C listed goods destined for the armed forces, the police, or the public authorities of the Member States; (e) antique firearms as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899.
Derogations from Union customs formalities
1. The listed goods shall not be: (a) placed under a customs procedure based on a simplified declaration established under Article 166 of Regulation (EU) No 952/2013; (b) subject to an entry in the declarant’s record pursuant to Article 182 of Regulation (EU) No 952/2013; (c) subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013; (d) declared with a customs declaration containing the specific dataset referred to in Article 143a of Delegated Regulation (EU) 2015/2446; (e) declared with a customs declaration containing the reduced dataset referred to in Article 144 of Delegated Regulation (EU) 2015/2446; or, (f) declared by means of an oral declaration or by any other act as referred to in Articles 135 to 141 of Delegated Regulation (EU) 2015/2446. 2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345(4) of Commission Implementing Regulation (EU) 2015/2447 ( 32 ) , paragraph 1, points (a) and (b), of this Article shall not apply to listed goods.
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