Tasks of importers
1. Importers shall:
(a)
ensure that the listed goods intended for import comply with:
(i)
the rules on marking set out in Article 6;
(ii)
the rules on deactivation set out in Article 7, where applicable; and
(iii)
the rules on non-convertibility set out in Article 8, where applicable;
(b)
keep all documents according to the rules referred to in point (a) of this paragraph and relevant documentation according to Articles 9, 11 and 12 of this Regulation at the disposal of the competent authority for the period referred to in Article 51 of Regulation (EU) No 952/2013;
(c)
following a request from the competent authority, provide that authority with the export authorisation of the exporting third country or, where applicable, the exception from that authorisation;
(d)
when having reason to believe that listed goods might not comply with this Regulation, with Directive (EU) 2021/555 or with legal acts based on those acts, inform without delay the competent authority thereof; and
(e)
cooperate with the competent authority including, following a request, making sure that immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in the acts referred to in point (d).
2. The obligations under paragraph 1 of this Article shall not affect any obligations of importers under Directive (EU) 2021/555 or under the legal acts based on that Directive.
Marking at import
1. Firearms without marking in accordance with Article 8(1), point (a), of the UN Firearms Protocol, entering the customs territory of the Union, shall not be imported or re-exported.
2. The listed goods may be declared for release for free circulation only if they comply with the marking requirements of Article 4 of Directive (EU) 2021/555 and with Article 8(1), point (b), of the UN Firearms Protocol, except for such goods imported by dealers, which are allowed to comply with those requirements without delay after the release for free circulation.
3. Paragraphs 1 and 2 of this Article shall not apply to listed goods that are of particular historical importance, in accordance with Article 4(2), second subparagraph, of Directive (EU) 2021/555.
Deactivated firearms
1. Devices declared as deactivated firearms shall be declared for release for free circulation or temporary admission in accordance with Article 10 of this Regulation only if they are accompanied by the relevant deactivation certificate and are marked, in accordance with Article 15 of Directive (EU) 2021/555.
2. The importer shall provide the competent authority with a copy of the deactivation certificate through the electronic licensing system.
Alarm and signal weapons
1. An import authorisation for alarm and signal weapons shall be granted by the competent authority only if the device complies with the technical specifications referred to in Article 14(2) of Directive (EU) 2021/555 or is a model listed as a non-convertible alarm and signal weapon in the implementing act referred to in paragraph 2 of this Article.
2. The Commission shall, by means of an implementing act, establish an open list of models of non-convertible alarm and signal weapons referred to in paragraph 1 of this Article, and an open list of devices that are declared as alarm and signal weapons but are known to be convertible. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Import authorisation
1. Notwithstanding Articles 11 and 12, an import authorisation shall be necessary for the entry of non-Union goods listed in Annex I into the customs territory of the Union. The import authorisation shall be granted by the competent authority of the Member State of final destination.
2. The import authorisation shall contain the information listed in Annex II, and shall be issued through the electronic licensing system in one of the following types:
(a)
a single authorisation for one shipment of one or more listed goods, valid for a maximum of 1 year;
(b)
a multiple authorisation for multiple shipments of one or more listed goods, valid for a maximum of 3 years;
(c)
a Union general authorisation for Category B or C listed goods available to authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013 valid for imports from specified countries of origin.
3. Any natural or legal person permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods, except for semi-finished firearms and semi-finished essential components, shall be entitled to apply for an import authorisation.
4. Only dealers and brokers shall be entitled to apply for an import authorisation for semi-finished firearms and semi-finished essential components.
5. If a natural or legal person is not entitled to apply for an import authorisation under paragraph 3 or 4, the competent authority shall not accept an application from that person.
Import authorisation procedure
1. The competent authority shall process applications for import authorisations within a period not exceeding 90 working days from the date on which all the required information has been provided to the competent authority. For duly justified reasons, and in the case of any application concerning Category A listed goods, that period may be extended to 110 working days.
2. The competent authority shall refuse to grant an import authorisation if:
(a)
the applicant is a natural person and has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(b)
the applicant is a legal person, and one of the following persons connected with that legal person has a criminal record referred to in point (a):
(i)
the applicant; or
(ii)
the persons in charge of the applicant or exercising control over its management;
(c)
the firearm to be imported was declared lost, stolen, under investigation or otherwise sought for seizure in the relevant Union, national or international databases;
(d)
there are clear indications suggesting that any of the persons involved in the transaction constitutes a security threat or a threat to public safety or that the persons referred to in point (a) or (b) of this paragraph are unable to meet the obligations imposed on them by Directive (EU) 2021/555, by this Regulation or by any authorisations issued with regard to their firearms.
3. When deciding whether to grant an import authorisation, the competent authority shall take into account all relevant considerations, including those of national foreign and security policy. Article 24 shall apply mutatis mutandis .
4. For the purposes of paragraph 2 of this Article, Member States shall obtain the information on previous criminal convictions of the applicant in other Member States through the system established by Framework Decision 2009/315/JHA.
5. For the purposes of paragraph 2, point (c), Member States shall check that the firearm in question is not listed in the Schengen Information System.
6. The competent authority shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it were not met or are no longer met. Where the competent authority takes those decisions, it shall make that information available without delay to the customs authorities through the electronic licensing system.
7. Where the competent authority has refused to grant an import authorisation, its final decision and the reasoning therefor shall be registered in the electronic licensing system.
8. The competent authority shall monitor that the conditions for import authorisations are met on the basis of risk management. The conditions of import authorisations granted for a duration of longer than 2 years shall be monitored after 2 years.
Import authorisation for non-Union goods temporarily entering the customs territory of the Union
1. Non-Union goods listed in Annex I may temporarily enter the customs territory of the Union when they are accompanied by a single import authorisation requested by an importer without establishment in the customs territory of the Union.
2. Importers without establishment in the customs territory of the Union may be granted a single import authorisation for the listed goods only in the following situations:
(a)
the temporary admission for evaluation, exhibition or inward processing for repair, provided that the listed goods remain the property of a person established outside the customs territory of the Union and those goods are re-exported to that person;
(b)
the temporary admission by hunters, historical re-enactors or sport shooters as part of their accompanied personal effects, provided that they present to the competent authority:
(i)
the reasons for the journey, in particular by producing an invitation or other proof of the hunting, historical re-enactment or sport shooting activities in the customs territory of the Union;
(ii)
a description of the listed goods intended to be brought into the customs territory of the Union and the reasons for the type and amount of those goods which shall be appropriate for the reasons of the temporary admission; the amount of ammunition shall be limited to a maximum of 800 rounds for hunters and a maximum of 1 200 rounds for sport shooters;
(iii)
information on the planned exit point and exit date of those goods;
(c)
non-Union goods entering and passing through the customs territory of the Union placed under a customs transit procedure with the final destination in a third country.
The authorisations referred to in points (a) and (b) of the first subparagraph shall be granted by the competent authority of the Member State where the evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place. In cases where the evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place in more than one Member State, the authorisation shall be granted by the competent authority of the Member State where the first evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment takes place.
The authorisation referred to in point (c) of the first subparagraph shall be granted by the competent authority of the Member State where the goods enter the customs territory of the Union.
3. The application for the import authorisation referred to in paragraph 2 shall include the following:
(a)
a proof or statement of absence of a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(b)
the identification of one of the three purposes listed in paragraph 2;
(c)
the date and unique reference number of the authorisation, or equivalent, to own or possess a firearm and of the export authorisation from the third country, or where applicable, proof of the exception from that authorisation; and
(d)
the particulars of the firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number, and the model where feasible.
4. Article 10(1), (2), (3), (5), (6) and (7) shall apply for issuing the import authorisation referred to in paragraph 2 of this Article.
5. Notwithstanding paragraph 2, Member States may grant a national general import authorisation directly authorising the temporary import of Category C listed goods into the territory of their Member State for the purposes referred to in paragraph 2, point (b), in specific cases where the hunters, historical re-enactors or sport shooters have been invited to an activity in the premises of the organiser. The importers shall meet the obligations set out in this Regulation, with the exception of those related to the request of a single import authorisation, and shall comply with the terms and conditions defined in the national general import authorisation.
6. The Commission shall, by means of an implementing act, specify the minimum requirements for the terms and conditions to be included in the national general import authorisations. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 43(3).
Administrative simplification
1. Any person holding a European firearms pass or otherwise permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods, may import listed goods to the customs territory of the Union without an import authorisation in accordance with Article 9 of this Regulation in cases of:
(a)
the import of listed goods previously temporarily exported in accordance with Article 22(1), point (a), and Article 23(1), point (c), provided that:
(i)
the reference number or the number of the simplified export authorisation issued by the competent authority in accordance with Article 22(2) or Article 23(1) is communicated through the electronic licensing system to the competent authority of destination at the latest 10 working days before the planned re-entry into the customs territory of the Union;
(ii)
the imported goods were also the exported goods;
(iii)
the goods are imported within 90 days following the export;
(iv)
the planned entry time and entry point to the customs territory of the Union are reported through the electronic licensing system to the competent authority of destination at the latest 10 working days before the planned re-entry into the customs territory of the Union;
(b)
the import of listed goods included in the Common Military List of the European Union, if they have been previously temporarily exported for the purposes of evaluation, exhibition and repair, provided that:
(i)
the licence granted for the temporary export in accordance with Common Position 2008/944/CFSP is communicated through the electronic licensing system to the competent authority at least 10 working days before the planned re-entry into the customs territory of the Union;
(ii)
the imported goods were also the exported goods;
(iii)
the goods are imported within 90 days following the export;
(iv)
the planned entry time and entry point to the customs territory of the Union are reported through the electronic licensing system to the competent authority at the latest 10 working days before the planned re-entry into the customs territory of the Union;
(c)
Union goods re-entering the customs territory of the Union having previously been placed under a customs transit procedure for passing through a country or territory outside the customs territory of the Union with the final destination in the Union.
2. A person importing goods in accordance with this Article shall be the same person that exported the goods, and shall state in the customs declaration the reference number of the customs declaration used for temporarily taking the goods out of the customs territory of the Union and the reference number or the number of the simplified export authorisation provided by the competent authority in accordance with Article 22(2) or Article 23(1).
3. The competent authority of destination shall refuse import and shall register that refusal in the electronic licensing system without delay if:
(a)
the applicant does not fulfil the criteria for the administrative simplification set out in this Article; or,
(b)
there are substantiated indications showing that any of the persons, including the person inviting the applicant to the activity outside the customs territory of the Union, involved in the situations referred to in paragraph 1, point (a) or (b), constitute a security threat or a threat to public safety.
Consultation of Member States affected by the planned movement
1. In the case of movements in the customs territory of the Union of non-Union goods listed in Annex I, the application for the import authorisation referred to in Article 9 or 11 shall contain information on the planned movements, including where appropriate the various Member States where an evaluation, exhibition, repair or sport-shooting, hunting or historical re-enactment will take place.
2. The competent authority granting the import authorisation referred to in Article 9 or 11 shall seek approval from the competent authority of the other Member States indicated in the application for the import authorisation regarding the planned movement. The competent authority of the consulted Member State may raise objections in duly justified cases related to security concerns about a movement through its territory within 10 working days of the date on which the information of the planned movement was provided. The absence of any objection shall be deemed to be an approval. In the event of an objection from the competent authority of another Member State to the granting of such an authorisation, the Member State in which the application has been submitted shall refuse the application. The electronic licensing system shall be used for communication between competent authorities.
3. The person holding the authorisation shall notify any changes in the planned movement without delay to the competent authority granting the authorisation through the electronic licensing system. That competent authority shall decide in duly justified cases related to security concerns whether to accept or refuse the notified changes in accordance with the rules for granting the authorisation, and following the consultation procedure referred to in paragraph 2.
4. In the case of administrative simplifications as laid down in Article 12(1), point (a), when the planned re-entry point is not located within the territory of the competent authority of the Member State of destination, that competent authority shall immediately inform the competent authority of the Member State of the planned re-entry point of that movement, through the electronic licensing system. The competent authority of the Member State of the planned re-entry point may raise objections in duly justified cases related to security concerns about that movement through its territory within 5 working days of the date on which the information of the planned re-entry was provided. The absence of any objection shall be deemed to be an approval. Any objections from the competent authority of the Member State of the planned re-entry point to the granting of such an administrative simplification shall bind the Member State of destination.
National restrictions on import
Without prejudice to other Union legal acts, this Regulation shall not preclude the adoption or application by a Member State of quantitative restrictions on imports necessary on grounds of public policy or public security, or on grounds of industrial and commercial property.
Authorisation to adopt national restrictions on import
Subject to the conditions laid down in Articles 16, 17 and 18, the Commission shall authorise a Member State to adopt measures as referred to in Article 14.
Notification to the Commission
1. Where a Member State intends to adopt measures as referred to in Article 14, it shall notify the Commission thereof.
2. The notification referred to in paragraph 1 shall include relevant documentation and an indication of the measures to be adopted, including their objectives and any other relevant information.
3. The notification referred to in paragraph 1 shall be transmitted at least 6 months before the adoption of the national measure. Where the information transmitted by the Member State is not sufficient, the Commission may request additional information.
4. The Commission shall make the notification referred to in paragraph 1 of this Article and, on request, the accompanying documentation, available to the other Member States, subject to the requirements of confidentiality laid down in Article 18.
5. Where the information transmitted by the Member State is not sufficient for the purpose of authorising the adoption of national measures, the Commission may request additional information.
Authorisation to adopt measures
1. The Commission shall authorise the Member States to adopt restrictions on import, unless it concludes that such measures would:
(a)
be in conflict with Union law, and the conflict does not relate to incompatibilities arising from the allocation of competences between the Union and its Member States;
(b)
be inconsistent with the Union’s principles and objectives of external action on common commercial policy in accordance with the general provisions laid down in Part Five, Titles I and II, of the TFEU.
2. The Commission shall grant the authorisation referred to in paragraph 1 of this Article by means of an implementing act. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 43(2). The Commission shall take its decision within 120 working days of receipt of the notification referred to in Article 16. Where additional information is needed to take a decision, the 120-working-day period shall run from the date of receipt of the additional information.
3. The Commission shall inform the European Parliament and the Council about the decisions taken pursuant to paragraph 2.
4. In the event that the Commission does not grant an authorisation pursuant to paragraph 1, it shall inform the Member State concerned thereof and state the reasons therefor.
Confidentiality of information transmitted
1. When notifying the Commission of its intention to adopt measures as referred to in Article 14, a Member State may indicate whether any of the information provided is to be considered confidential and whether it may be shared with other Member States.
2. In cases referred to in paragraph 1, Member States and the Commission shall ensure the protection of confidential information in accordance with applicable Union law.
3. Member States and the Commission shall ensure that any classified information provided pursuant to Article 16 is not downgraded or declassified without the prior written consent of the originator.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
