Kiri

EN EN

EUROPEAN COMMISSION

Brussels, 26.2.2026

COM(2026) 102 final

2026/0059 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on combating firearms trafficking and other firearms-related offences and amending

Directive (EU) 2024/1260 of the European Parliament and of the Council

{SWD(2026) 102-103 final} - {SEC(2026) 102 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Illicit firearms pose a serious threat to EU citizens’ security, as they enable a wide range of

serious and organised crimes including drug trafficking, extortion, robbery, and gang

violence(1). Research shows that criminal demand and access to firearms are increasing(2),

leading to more violent incidents and even arms races among criminals in some EU countries.

The problem is further exacerbated by geopolitical events which pose a threat to the Union’s

security given their geographical proximity. The risk that surplus weapons from ongoing

conflicts would eventually leak into illegal markets is high, similarly to what happened after

the conflict in the Western Balkans. Additionally, technological advances like 3D printing

make it easier to produce firearms and heighten the threat, stressing the need for stronger

preventive measures.

The EU has adopted several instruments in the field of firearms, from the perspective of the

internal legal market. These EU instruments regulate the legal acquisition and possession of

firearms. Directive (EU) 2021/555 of 24 March 2021 on the control of the acquisition and

possession of weapons (the Firearms Directive)(3) sets common minimum standards on the

acquisition, possession, and commercial exchange of civilian firearms (e.g. firearms used for

sport shooting and hunting) within the EU. Regulation (EU) 2025/41 of 19 December 2024 on

the import, export and transit of firearms (the recast Firearms Regulation)(4) introduces the

requirement to obtain import and export authorisations to move firearms across the EU border

from and towards third countries. By defining what is legal, both instruments inevitably

demarcate what is illegal, yet do not determine what is criminal. Therefore, no EU rules exist

as of yet, on criminal offences related to firearms.

The EU and its Member States have engaged at the international level: the Protocol against

the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and

Ammunition (hereafter the UN Firearms Protocol)(5), which complements the UN Convention

against Transnational Organized Crime, establishes international rules to combat the illicit

manufacturing and trafficking of firearms. Article 5 of the UN Firearms Protocol

requires States to criminalise related offences. 25 of 27 EU Member States and the EU itself

(since 2014) have ratified the Protocol. While the EU has concluded the UN Firearms

Protocol, further harmonisation via this Directive strengthens uniform enforcement.

(1) Europol, European Union Serious and Organised Crime Threat Assessment (SOCTA), The Hague,

2025, p.61 (2) De Schutter, A. & Duquet, N. (2023), The nexus between drug markets and gun violence in the

European Union, Flemish Peace Institute and EMCDDA, https://www.euda.europa.eu/drugs-

library/nexus-between-drug-markets-and-gun-violence-european-union_en (3) Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of

the acquisition and possession of weapons, OJ L 115, 6.4.2021. (4) Regulation (EU) 2025/41 of the European Parliament and of the Council of 19 December 2024 on

import, export and transit measures for firearms, 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), OJ L, 2025/41, 22.1.2025 (5) Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components

and Ammunition, supplementing the United Nations Convention against Transnational Organized

Crime. 31.05.2001. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-

12-c&chapter=18&clang=_en

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A preparatory study found significant differences among Member States in how firearm-

related crimes are defined and punished, leading to a fragmented legal framework across the

EU. In an inherently tightly regulated area, this lack of harmonisation hinders cross-border

cooperation, complicates investigations and prosecutions, and reduces the overall

effectiveness of law enforcement against firearms trafficking and other firearms-related

crimes.

The digital domain has emerged both as a primary enabler and as an accelerator for illicit

manufacturing through the online dissemination of 3D-printing blueprints as well as providing

the essential infrastructure for modern enforcement. Addressing the emerging risks posed by

these technological shifts requires an enforcement strategy that prioritises digital intelligence

to bridge the data gap currently hindering a comprehensive understanding of the firearms

threat. To address these security challenges, the proposal seeks to foster a harmonised digital

environment for information exchange, ensuring that the collection of evidence and strategic

analysis are supported by robust cybersecurity and data protection standards.

Beyond security risks and cross-border cooperation challenges, the EU faces a major data gap

regarding illegal firearms. The lack of reliable and comprehensive statistics hinders law

enforcement officers and policymakers’ ability to assess the scale of the challenge, evaluate

policy effectiveness, and make informed decisions(6). This data shortage also contributes to

low public awareness, limited political prioritisation, and insufficient resources for law

enforcement efforts against firearms crime.

Cooperation with the countries which are candidate for enlargement should also be

strengthened to ensure that they are fully involved in Union coordination mechanisms, as

necessary for specific cross-border cases. This requires facilitating further cooperation in

regional and operational initiatives, including in the European Multidisciplinary Platform

Against Criminal Threats (EMPACT), and cooperation with Union agencies, including

Europol, Eurojust, CEPOL and Frontex, which contribute to the prevention and disruption of

firearms trafficking. Their progressive alignment with the Union’s justice, freedom and

security acquis enhances the effectiveness of cooperation between the Union and its Member

States and reinforces the overall resilience of the Union against the diversion and illicit

movement of firearms.

The proposal aims to protect EU citizens from the threat of illicit firearms by reducing the

number of illegal weapons and related criminal activities, harmonising firearm offences and

penalties across Member States, and improving data quality and availability to better

understand and address the threat. The proposal will not redefine the rules on legal ownership

of firearms.

To address the challenges identified, the proposal has four specific objectives:

1. Enabling and facilitating the investigation and prosecution of firearms-related

offences

2. Ensuring a future-proof enforcement of firearms-related offences

3. Ensuring effective, dissuasive and proportionate penalty types and levels for

firearms-related offences

4. Improving law enforcement and judicial cooperation and harmonised data collection

on firearms-related offences

(6) Schutter,A, Criminal gun violence in the European Union, Flemish Peace Institute, EU funded project

INSIGHT, Brussels, 2023, p.2. and Varisco,A E, Types of Firearms Used in Violence in the European

Union, SIPRI, EU funded project INSIGHT, Brussels, 2023, p.2.

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• Consistency with existing policy provisions in the policy area

The European Commission consistently identifies firearms trafficking as a major internal

security threat to the EU. The 2025 ProtectEU(7) Strategy and the [new Counter-Terrorism

Agenda] emphasise harmonising criminal law standards on illicit firearms trafficking. The

issue is also a key priority in the 2021–2025 EU Strategy to Tackle Organised Crime(8) and

within the EMPACT framework, renewed for 2026–2029(9).

The 2020–2025 EU Action Plan on Firearms Trafficking(10) is the main policy instrument

covering the objectives of this initiative. It specifically focuses on tightening controls over the

illegal firearms market, addressing gaps in EU legislation, improving intelligence sharing, and

ensuring fully operational National Firearms Focal Points in all Member States. It also

supports developing an EU repository of seized firearms. Finally, the initiative aligns with the

EU’s obligations under the UN Firearms Protocol, clarifying the implementation of UN

recommendations, especially those concerning the criminalisation of 3D-printed firearm

blueprints(11).

• Consistency with other Union policies

The objectives of this proposal are also consistent with the following policy and legislative

documents:

• Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March

2017 on combating terrorism and replacing Council Framework Decision

2002/475/JHA and amending Council Decision 2005/671/JHA

• Council Framework Decision 2009/315/JHA of 26 February 2009 on the

organisation and content of the exchange of information extracted from the criminal

record between Member States

• Regulation (EU) 2018/1727 of the European Parliament and of the Council of

14 November 2018 on the European Union Agency for Criminal Justice Cooperation

(Eurojust), and replacing and repealing Council Decision 2002/187/JHA

• Directive (EU) 2019/1937 of the European Parliament and of the Council of

23 October 2019 on the protection of persons who report breaches of Union law

• Directive (EU) 2024/1260 of the European Parliament and of the Council on asset

recovery and confiscation

• Council Framework Decision 2005/214/JHA on the application of the principle of

mutual recognition to financial penalties

(7) Communication of from the Commission to the European Parliament, the European Council, the

Council, the European Economic and Social Committee and the Committee of the Regions on

ProtectEU: a European Internal Security Strategy, COM(2025) 148 final, 1.04.2025 (8) Communication of from the Commission to the European Parliament, the European Council, the

Council, the European Economic and Social Committee and the Committee of the Regions on the EU

Strategy to tackle Organised Crime 2021-2025, COM(2021)170 final, 14.04.2021 (9) Council conclusions on the enhancement of EMPACT and on EU crime priorities for the next

EMPACT cycle 2026-2029, Council doc. 9397/25, 13 June 2025 (10) Communication from the Commission to the European Parliament, the European Council, the Council,

the European Economic and Social Committee and the Committee of the Regions on 2020-2025 EU

action plan on firearms trafficking, COM(2020)608 final, 24.07.2020. (11) Resolution 12/3 adopted at the 12th session of the Conference of the Parties to the United Nations

Convention against Transnational Organized Crime, 2024, accessible at

https://www.unodc.org/documents/treaties/COP12/Resolutions/E/Resolution_12_3.pdf

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• Council Framework Decision 2009/948/JHA on prevention and settlement of

conflicts of exercise of jurisdiction in criminal proceedings

• Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27

November 2024 on the transfer of proceedings in criminal matters

• Council Conclusions 10726/21 on the implementation of the National Firearms Focal

Points (NFFPs) in the EU Member States, 13 July 2021

• Council Conclusions 9907/25 on combating trafficking of weapons and fighting

threats stemming from firearms and pyrotechnic articles, 12 June 2025

• Council Conclusions on Protecting Europeans from Terrorism: Achievements and

Next Steps: specifically point 47 calls upon the Commission to start the work for this

initiative

• Council Framework Decision 2009/315/JHA on the organisation and content of the

exchange of information extracted from the criminal record between Member States

• Convention on Mutual Assistance in Criminal Matters between the Member States of

the European Union

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal bases for the proposed Directive are Article 83(1) and (2). Article 83(1) TFEU

provides for the legal basis to establish minimum rules concerning the definition of criminal

offences and sanctions in the areas of particularly serious crime with a cross-border

dimension. The provision lists illicit arms trafficking as one of these particularly serious

crimes.

Article 83(2) TFEU sets out the EU’s competence to establish minimum rules if the

approximation of criminal laws and regulations of the Member States proves essential to

ensure the effective implementation of a Union policy in an area which has been subject to

harmonisation measures. The area of firearms policy, notably the conditions to acquire,

possess, trade within the EU, import and export firearms, essential components and

ammunition has already been subject to harmonisation by virtue of the Firearms Directive and

the recast Firearms Regulation.

• Subsidiarity (for non-exclusive competence)

Coordinated EU-level action to criminalise firearms-related offences and harmonise penalties

is more effective than separate national measures. A Union-wide legal framework would close

existing gaps in how Member States implement the UN Firearms Protocol, improve cross-

border cooperation on investigations and prosecutions, and lead to greater safety and reduced

firearms violence.

Additionally, EU legislation requiring consistent and harmonised data collection on seized

firearms would enhance law enforcement officers and policymakers’ capabilities, allowing for

better resource allocation, threat and policy evaluation. Stronger, harmonised EU action

would also support broader security goals, as firearms crimes are closely linked to terrorism,

money laundering, drug trafficking, and other types of organised crimes—ultimately

reinforcing Europe’s overall internal security.

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• Proportionality

In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the

proposed Directive is limited to what is necessary and proportionate to create existing

legislation on offences in this area. Specifically, the provisions on illicit possession consider

national traditions on administrative law by requiring criminal intent and it does not focus on

negligence. Additionally, the proposed harmonised offence of illicit possession, illicit creation

and illicit dissemination of blueprints for firearms, essential components and ammunition

includes measures to ensure proportionality with respect to legitimate interests of the industry

and of citizens. The focus of this offence is on illicit use, meaning that authorised dealers

should not be prevented from relying on blueprints.

Measures on the use of investigative tools and information exchange are included only to the

extent needed for the proposed criminal law framework to function effectively.

• Choice of the instrument

In accordance with Articles 83(1) and (2), minimum rules with regard to the definition of

criminal offences and sanctions in EU policy areas which have been subject to harmonisation

measures may only be established by means of a Directive of the European Parliament and the

Council adopted in accordance with the ordinary legislative procedure.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

Not Applicable - there is no EU Directive specifically addressing the criminal offences related

to firearms and the corresponding penalties. The proposed legislation would be the first of its

kind. The proposed legislation would not amend existing EU legislation on firearms.

• Stakeholder consultations

A 12-week public consultation and call for evidence gathered input from a wide range of

stakeholders. Additionally, targeted consultations focused on Member States, law

enforcement, the private sector, the judiciary, and international partners. The consultations

aimed to identify the most effective approaches to strengthen the prevention and fight against

firearms-related offences and to support practitioners.

Most respondents supported a legislative initiative focused on core firearms offences, with

some suggesting a broader scope. Law enforcement stakeholders emphasised the need to

target preparatory acts for private manufacturing, especially 3D-printed weapons. Participants

also highlighted the need for better resources, coordination, and cooperation within the law

enforcement chain. All feedback was considered by the Commission in shaping the proposal.

More information on the consultations can be found in the annexes to the impact assessment

(Annexes 2 and 3).

• Collection and use of expertise

First, the Commission contracted a preparatory study to evaluate the current level of

criminalisation of firearms-related offences in the Member States. This study revealed that

there are considerable gaps in the transposition of the UN Firearms Protocol to criminalise

illicit manufacturing, illicit trafficking, and illicit modification and falsification of markings.

14 Member States have not criminalised this last offence.

Besides this study, the Commission conducted a comprehensive review of existing literature

on the subject. In addition, the Commission conducted a large number of meetings with

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experts from law enforcement, judicial authorities, EU agencies etc. The Commission also

organised a dedicated meeting with the Expert Group on EU Criminal Policy.

• Impact assessment

The impact assessment considered four policy options to address firearms-related crime in the

EU:

• Option 1: Focuses on non-legislative measures, clarifying existing rules, improving

enforcement, and enhancing cross-border cooperation. It includes recommendations

to address 3D printing threats and create a minimum dataset on firearms seizures.

• Option 2: Introduces legislative harmonisation of the core firearms offences—such

as illicit trafficking, illicit manufacturing, illicit modification of markings, and illicit

possession—by aligning definitions and penalties. It strengthens cross-border

cooperation, regulates new technologies by introducing an offence related to illicit

possession, creation and dissemination of blueprints, obliges the use of a minimum

dataset to record seized firearms and report this data to Europol, and requires each

Member State to establish a National Firearms Focal Point. Additionally, it also

foresees an obligation for Member States to collect and report data on the different

firearms-related offences to the Commission, every five years.

• Option 3: Combines legislative and non-legislative measures. It expands all

legislative obligations of Option 2 with clarifications on broader offences. The non-

legislative measures focus on knowledge-sharing on new technologies, joint testing

of 3D printing blueprints, and enhanced judicial cooperation through a new Focus

Group.

• Option 4: Extends Option 3 to include additional offences (e.g., illicit reactivation,

brokering, embargo violations, and record-keeping misconduct) and requires annual

data reporting to the Commission.

The preferred option is Option 3, as it addresses all the problems and objectives identified in a

proportionate and effective way. Option 1 is not considered effective enough on its own as

non-legislative measures will not provide the sufficient impetus for significant change. Option

2 would address all problems and objectives, however it is considered less effective due to the

lack of additional support for its implementation. Option 4 is seen as effective to achieve the

objectives stated but its implementation places a disproportionate burden on Member States.

Even though the lack in quantitative data hampered the exact calculation of the impacts, some

general conclusions could be drawn. The main social impacts focus on improved security for

EU citizens through the reduction of the high number of illicit firearms in the EU. The

preferred option proved to have little to no impact on citizens who already legally own a

firearm, as this proposal focuses on the illegal market.

The main expected economic impact focuses on the reduction of the costs linked to shootings.

While there is no conclusive research on the economic costs of firearms violence in the EU,

an analysis combining research conducted through the EU funded project INSIGHT(12) and

research on the cost of a specific shooting from Sweden estimates the cost of shootings(13) for

(12) EU funded project INSIGHT, under call ISFP-2020-AG-FIRE. Accessible at

https://vlaamsvredesinstituut.eu/en/project-

insight/#:~:text=This%20online%20knowledge%20platform%20offers%20policymakers%2C%20polic

e%20officers%2C,information%20about%20firearms%20violence%20in%20the%20European%20Uni

on (13) Erixon O., Living with the Aftermath: Consequences of Gun Violence for Affected Residential Areas

and Individuals

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the Swedish society to be somewhere around EUR 120 to 140 million for the first half of

2024. The figure is purely theoretical as it relies on the hypothesis that the cost of the specific

shooting can be extrapolated and applied to all shootings that occurred in Sweden the first half

of 2024. It nonetheless shows that the costs of firearms-related violence, while difficult to

estimate, are not negligible.

The Regulatory Scrutiny Board (RSB) issued a first negative opinion on 5 May 2025. The

RSB found that the impact assessment suffers from shortcomings that must be addressed

before proceeding. In particular, the Board concluded that the report failed to convincingly

demonstrate the scale, urgency, and drivers of the problem with robust evidence, did not

clearly show how the initiative fitted within or added value beyond the existing EU legal

framework, and did not substantiate claims about Member State divergence or offenders

exploiting regulatory gaps. It also found the objectives insufficiently S.M.A.R.T., the causal

links between policy options and objectives inadequately demonstrated, and the assessment of

economic and social impacts, costs, proportionality, and option comparisons incomplete and

insufficiently evidenced. As a result, the RSB required the Commission to substantially revise

and strengthen the analysis and resubmit the report for a new opinion.

On 10 November 2025, the RSB issued a second opinion on the redrafted impact assessment.

They issued a positive opinion with reservations. The main focus of the reservations were that

the problem description still lacked some data, that the objectives could be described in a

S.M.A.R.T.er way and that the different impacts across the policy options were not

sufficiently clear. The impact assessment was further improved to reflect these comments.

Lastly, the impact assessment explained that none of the policy options in the impact

assessment had any impact on the environment, therefore this legislative proposal is

consistent with the climate-neutrality objective set out in European Climate Law.

• Regulatory fitness and simplification

Not Applicable - there is no EU Directive specifically addressing the criminal offences related

to firearms and the corresponding penalties. The proposed legislation would be the first of its

kind. The proposed legislation would not amend existing EU legislation on firearms.

• Fundamental rights

By addressing the threat of firearms trafficking, the proposal will have a positive impact on

ensuring the security of the EU citizens.

Article 16 of the Charter on Fundamental Rights of the European Union recognises the

freedom to conduct a business “in accordance with Union law and national laws and

practices.” The initiative will not affect the right to conduct business as the rules on

authorising arms dealers to trade in firearms is established in the Firearms Directive. These

rules will not change due to this initiative.

Article 17 of the Charter recognises the right to property. It is settled case-law that the right to

property enshrined in Article 17 of the Charter is not absolute and can be limited, subject to

the principle of proportionality, and only if the limitations are necessary and genuinely meet

objectives of general interest recognised by the European Union or the need to protect the

rights and freedoms of others. It is the Firearms Directive which establishes the rules on legal

ownership of firearms, essential components and ammunition. These rules will not change

due to this initiative.

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4. BUDGETARY IMPLICATIONS

The implementation of the legislative proposal would result in more effective investigations

and a broader scope of offenses related to firearms and essential components. As a result,

Member States would need additional staff to carry out the potential increase in the number of

investigation and prosecution of firearms crime cases. This increase in staff has been

estimated to amount to EUR 4,069,175 annually in total for all Member States during at least

the first five years.

Administrative costs for forensic departments of Member States are expected to increase in

relation with the number of seized firearms. Such costs have been estimated at EUR 574,564

per year for administrative costs for ballistic reports in all 27 Member States and an additional

EUR 332,107 per year for ballistic reports on digital blueprints.

In addition, administrative costs for the full establishment and development of National

Firearms Focal Points in all 27 MS is estimated at EUR 12,070,917 and for the harmonisation

of firearms-related data in national databases EUR 10,800,000 in all 27 MS.

The costs for the Commission relate to staff costs for the implementation and monitoring of

the initiative, should be covered within the existing budget of the responsible service.

Furthermore, the Commission will have to organise meetings of the Focus Group for judicial

actors to support the exchange of information. Another cost relates to the report the

Commission has to produce. This report is a study that will analyse the effectiveness of the

Directive with a certain series of indicators. This study, which will happen after the end of the

current MFF, will cost around EUR 420,000.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Member States will have two years after the entry into force to transpose the Directive into

national legislation. The Commission will monitor this transposition.

Additionally, the Commission presented a monitoring framework in Annex 10 of the Impact

Assessment. This framework establishes the indicators to monitor the implementation of each

of the objectives of the initiative. Furthermore, it establishes the baseline and the required

benchmarks in order for the implementation to be considered a success. In total the initiative

will be monitored according to 15 indicators, such as number of cases linked to the offences,

increase of the lowest penalties levels, confiscation of profits, establishment and functioning

of NFFPs, information sent to European Firearms Hub, etc.

Starting eight years after entry into force to allow for transposition and for the conclusion of

the first data collection exercise, and then every fiver years thereafter, the Commission will

write an evaluation report about the added value of the Directive for the fight against criminal

firearms-related offences containing the implementation data of the 5 previous years. This

report will contain the results of the monitoring framework mentioned above. It will also

contain information on the implementation of the Member States of the different provisions

and give an overview of the statistical data received. In order to draft this report, the Member

States are obliged to submit all relevant information. Based on this evaluation, the

Commission shall decide if appropriate actions need to follow.

To support the Member States with the implementation of the proposal, the Commission will

facilitate the sharing of lessons learned linked to new technologies and the facilitation of joint

testing of blueprints linked to these new technologies. Furthermore, the Commission will also

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facilitate the cooperation between judicial authorities by setting up a Focus Group to

exchange information.

• Detailed explanation of the specific provisions of the proposal

Article 1: Subject matter

This provision sets out the purpose of the Directive. In particular it explains the three different

aims harmonising definitions and penalties for firearms-related criminal offences, improving

cross-border cooperation, and establishing a minimum dataset on firearms seizures.

Article 2: Definitions

This provision contains definitions of terms used in the Directive. Multiple definitions refer to

Directive (EU) 2021/555 on acquisition and possession of weapons.

Article 3: Offences

This provision describes the criminal offences covered by this Directive. The criminalisation

of illicit manufacturing, illicit trafficking, and falsification and modification of markings on

firearms are required following the UN Firearms Protocol. The criminalisation of illicit

possession derives from the Firearms Directive (EU) 2021/555. The offences related to

blueprints are considered new offences. They can be considered preparatory acts.

Article 4: Inciting, aiding and abetting, and attempt

Article 4 criminalises inciting, and aiding and abetting the commission of criminal offences

referred to in Article 3(1). This criminalisation is also a requirement following the UN

Firearms Protocol.

Article 5: Penalties for natural persons

This article provides minimum standards to ensure that the offences referred to in Articles 3

and 4 are punishable by effective, proportionate and dissuasive criminal penalties. Where

possible, the average of current penalty levels in Member States was taken as a guiding

principle for the establishment of the penalties.

Paragraph 3 aims at Member States taking measures to ensure that the offences referred to in

Articles 3 and 4 can be subject to additional penalties and measures to allow for a tailored

response to different types of criminal behaviour.

Article 6: Liability of legal persons

This article contains obligations to ensure the liability of legal persons for offences referred to

in Articles 3 and 4 where such offences have been committed for their benefit. This article

also provides that Member States should make sure that legal persons can be held accountable

for a lack of supervision and control that has made possible the commission of an offence

referred to in Article 3 and 4. Furthermore, the liability of the legal person should not exclude

criminal proceedings against natural persons.

Article 7: Penalties for legal persons

This article sets out penalties applicable to legal persons involved in the criminal offences

covered by this proposal.

Article 8: Aggravating circumstances

This article sets out the aggravating circumstances to be taken into account when penalties are

applied to an offence referred to in Articles 3 and 4.

Article 9: Mitigating circumstances

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This article sets out mitigating circumstances to be considered when penalties are applied to

an offence referred to in Articles 3 and 4.

Article 10: Investigative tools

This provision lays down that special investigative tools must be made available for the

investigation of the offences referred to in Articles 3 and 4.

Article 11: Managing and disposal

This provision translates Article 6 of the UN Firearms Protocol on managing and disposal of

firearms.

Article 12: Limitation periods

This article lays down provisions on limitation periods in order to allow the competent

authorities to investigate, prosecute and adjudicate the criminal offences covered by this

proposal during a certain time period.

Article 13: Jurisdiction

This article lays down provisions on jurisdiction to make sure that Member States establish

jurisdiction for offences covered by the proposal and that they inform the Commission if they

decide to extend this jurisdiction in specific cases where the offence is committed outside

their territory.

Article 14: Training

This provision aims at enhancing training activities along the enforcement chain to ensure that

all parties involved have the necessary specialised skills and abilities to perform their roles

effectively.

Article 15: Coordination and cooperation between competent authorities within a Member

State

This provision requires Member States to establish one central National Firearms Focal Point

which needs to ensure coordination and cooperation at strategic and operational level among

all their competent authorities involved in the prevention of, and the fight against, criminal

firearms-related offences.

Article 16: Cooperation between Member States and the Commission, and Union bodies or

agencies

This provision describes the need for cross-border cooperation for those offences which are

suspected of having a cross-border nature. The provision also requires the binding

establishment of National Firearms Focal Points in the Member States. Furthermore, the

provision also establishes that Member States can cooperate in regard to the joint testing of

blueprints suspected to be designed to privately manufacture firearms, essential components

or ammunition.

Article 17: registering seized firearms and delegated acts

This provision establishes the obligation to use a minimum dataset when registering seized

firearms. The minimum dataset is defined in the Annex. Therefore, the provision also includes

the possibility to amend the Annex via a delegated act.

Article 18: Statistical data

This provision addresses the need to systematically collect statistical data on criminal firearm-

related offences. It requires Member States to collect, publish and send relevant statistical data

to the Commission at least every five years. It also establishes an obligation to transmit the

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information on registered seized firearms to Europol. This provision also establishes the

requirement for Member States to keep the data for at least 20 years. Lastly, the provision

obliges the Commission to, at least every five years, publish a report based on the statistical

data transmitted by the Member States.

Article 19: Exercise of the delegation

This article establishes the condition for the adoption of the delegated acts can be created and

amended.

Article 20: Amendment to other instrument

This provision amends the existing Directive (EU) 2024/1260(14), to include to offences

established by Article 3 and 4 of this initiative.

Article 21: Reporting

This article sets out the obligation for the Commission to submit a report to the European

Parliament and the Council about the added value of the Directive in the eighth year following

the entry into force of the Directive, and every five years thereafter. This report shall contain

information submitted by the Member States on statistics and implementation.

Article 22, 23 and 24

These articles contain further provisions on transposition by Member States, entry into force

and addressees of the Directive.

Annex: Minimum dataset for registering seized firearms

The Annex contains the minimum dataset that Member States must use to register seized

firearms linked to a criminal context.

(14) Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset

recovery and confiscation, (OJ L, 2024/1260, 2.5.2024)

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2026/0059 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on combating firearms trafficking and other firearms-related offences and amending

Directive (EU) 2024/1260 of the European Parliament and of the Council

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union(1), and in particular

Article 83(1) and (2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Pursuant to Article 3 of the Treaty on the European Union (TEU), the Union is to offer

its citizens an area of freedom, security and justice without internal frontiers, in which

the free movement of persons is ensured in conjunction with appropriate measures

with respect to external border controls, asylum, immigration and the prevention and

combating of crime.

(2) Firearms trafficking is an area of particularly serious crime as recognised in the Treaty

on the Functioning of the European Union (TFEU), and is often committed within the

framework of organised crime or in connection to terrorism. Preventing and combating

firearms trafficking is a priority for the Union and the Member States.

(3) The rise in firearms trafficking and other firearms-related offences and their effects,

which undermine the effectiveness of Union firearms law, is a matter of continuing

concern in the Union. Such offences increasingly extend beyond the borders of the

Member States in which they are committed. Such offences pose a threat to the Union

citizens and therefore necessitate an appropriate and effective response, which often

requires effective cross-border cooperation.

(4) Illicit manufacturing of firearms includes the private manufacturing of firearms,

essential components and ammunition using a 3D printer, Computer Numerical

Cutting (CNC) metal milling machine or similar computer-operated system, without

an authorisation as dealer. Blueprints are an essential prerequisite for this type of

production. Blueprint-based illicit manufacturing is becoming an increasingly

important source of firearms for use by organised crime and terrorism, producing

firearms that are unknown and untraceable from the outset.

(5) In accordance with Council Decision 2001/748/EC(3) the Commission signed the

United Nations Protocol against the Illicit Manufacturing of and Trafficking in

(1) OJ L 308, 29.11.2022, p. 18. (2) OJ C [...], [...], p. [...]

EN 13 EN

Firearms, Their Parts and Components and Ammunition, supplementing the United

Nations Convention against Transnational Organized Crime (the ‘UN Firearms

Protocol’). The Union ratified the UN Firearms Protocol by Council Decision

2014/164/EU(4).

(6) Article 5 of the UN Firearms Protocol requires States Parties to criminalise illicit

manufacturing of firearms, illicit trafficking of firearms, falsifying or illicitly

obliterating, removing or altering the markings on firearms, attempting to commit or

participate in one of those criminal offences, and organising, directing, aiding,

abetting, facilitating or counselling the commission of those criminal offences.

(7) Directive (EU) 2021/555 of the European Parliament and of the Council(5) only

permits the manufacture, trade, exchange, hiring out, repair, modification or

conversion of firearms or essential components, and the manufacture, trade, exchange,

modification or conversion of ammunition if a specific dealer authorisation is granted.

That Directive also only allows the negotiation or arrangement of transactions for the

purchase, sale or supply of firearms, essential components or ammunition, and

arranging the transfer of firearms, essential components or ammunition if a specific

broker authorisation is granted.

(8) Directive (EU) 2021/555 only permits the acquisition and possession of firearms in

specific circumstances and requires Member States to lay down rules on penalties

applicable to infringements of the national provisions adopted pursuant to Directive

(EU) 2021/555. Directive (EU) 2021/555 allows Member States to adopt a legislation

more stringent than that Directive.

(9) Regulation (EU) 2025/41 of the European Parliament and of the Council(6) only

permits the import, export and transit of firearms, essential components and

ammunition if a specific authorisation is granted.

(10) In order to ensure the integrity of the internal market within the Union in line with

Directive (EU) 2021/555 and Regulation (EU) 2025/41, while also achieving a high

level of security within the area of freedom, security and justice, and having regard to

the UN Firearms Protocol, it is necessary to establish minimum rules concerning the

definition of firearms-related criminal offences and penalties for the effective

enforcement of those instruments.

(11) In the context of those instruments, illicitly reactivating deactivated firearms should be

considered as illicit manufacturing as the reactivation done without the required

(3) Council Decision 2001/748/EC of 16 October 2001 concerning the signing on behalf of the European

Community of the United Nations Protocol on the illicit manufacturing of and trafficking in firearms,

their parts, components and ammunition, annexed to the Convention against transnational organised

crime (OJ L 280, 24.10.2001, p. 5, ELI: http://data.europa.eu/eli/dec/2001/748/oj). (4) Council Decision 2014/164/EU of 11 February 2014 on the conclusion, on behalf of the European

Union, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and

Components and Ammunition, supplementing the United Nations Convention against Transnational

Organized Crime (OJ L 89, 25.3.2014, p. 7, ELI: http://data.europa.eu/eli/dec/2014/164/oj). (5) Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of

the acquisition and possession of weapons (OJ L 115, 6.4.2021, p. 1, ELI:

http://data.europa.eu/eli/dir/2021/555/oj). (6) Regulation (EU) 2025/41 of the European Parliament and of the Council of 19 December 2024 on

import, export and transit measures for firearms, 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) (OJ L, 2025/41, 22.1.2025, ELI:

http://data.europa.eu/eli/reg/2025/41/oj).

EN 14 EN

authorisation under Directive (EU) 2021/555 involves a manipulation which is

considered as manufacturing. Illicit brokering of firearms should be considered as

illicit firearms trafficking as the prerequisite for trade is having a license as a broker,

in accordance with Directive (EU) 2021/555. Illicit dealing should be considered as,

either, illicit firearms trafficking or illicit manufacturing or both as the prerequisite for

both manufacturing and trade is having a license as dealer in accordance with

Directive (EU) 2021/555. Violation of an arms embargo should be considered as illicit

firearms trafficking as exports towards countries under arms embargoes should not be

granted an authorisation. The lack of an authorisation is an essential element in the

definition of firearms trafficking.

(12) The rights of citizens who legally possess, use, manufacture and trade firearms,

essential components or ammunition in accordance with Directive (EU) 2021/555 and

Regulation (EU) 2025/41 should not be affected.

(13) New technologies enabling the private manufacturing of firearms, essential

components and ammunition, such as 3D printing, also called additive manufacturing,

have emerged during the last years and are becoming increasingly more accessible and

affordable. This technology relies on digital blueprints which can be downloaded,

distributed and used to illicitly produce firearms. Taking into account the evolution of

the threat, and in accordance with the recommendations made in UN Resolution

12/3(7) adopted at the 12th session of the Conference of the Parties to the United

Nations Convention against Transnational Organized Crime held in Vienna from 14 to

18 October 2024, the possession, accessing, distribution and creation of blueprints

should be criminalised in all Member States.

(14) Particular emphasis should be placed on dissemination of blueprints due to its

inherently expansive nature. Once a blueprint is shared online, it rapidly becomes

uncontrollable, creating a cycle where it is copied and spread across numerous

platforms, evading traditional oversight. The dissemination of blueprints should

therefore constitute a criminal offence in any circumstance, conversely to the offences

of the creation, acquiring, possession, and sharing of blueprints. The focus should be

on preventing dissemination by establishing stringent liability standards that require

negligence over criminal intent to constitute an offence.

(15) Additive manufacturing methods, such as 3D printing, can be a valuable driver for

industrial production and innovation. Any restrictions in terms of its use, should not

affect the legitimate use by the firearms dealers authorised through in accordance with

Directive (EU) 2021/555 or other authorised legal or natural persons. It should not

target the research and innovative development of the sector.

(16) Penalties and measures should be provided for natural and legal persons being liable

for such offences, which reflect the seriousness of such offences, and should be

effective, dissuasive and proportionate.

(17) To that end, minimum levels for the maximum term of imprisonment should be set for

natural persons. In view of the potential harm that a firearm can cause, which includes

serious injury and death, and of the long lifespan of firearms, it is appropriate to set

minimum levels that reflect the risk to life associated with firearms-related offences

and that are proportionate to the specific risk, the seriousness and the degree of

(7) Resolution 12/3 Enhancing measures, including under the Firearms Protocol, to prevent, combat and

eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and

ammunition, in view of technological developments, The Conference of the Parties to the United

Nations Convention against Transnational Organized Crime.

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illegality of the offence. The maximum terms of imprisonment provided for in this

Directive for the criminal offences committed by natural persons should apply at least

to the most serious forms of such offences. This Directive does not set any

requirements for the minimum level of penalties that Member States should apply

beyond the need to ensure that penalties must be effective, dissuasive and

proportionate overall.

(18) Given that legal persons are also subject to Union firearms legislation, such legal

persons should be held liable for offences related to the violation of Union firearms

legislation as defined and provided for in this Directive. With regard to criminal

offences and penalties defined in this Directive, the term ‘legal persons’ should be

understood as any legal entity having such status under the applicable national law,

except for States or public bodies exercising State authority or public international

organisations. As this Directive establishes minimum rules, Member States can adopt

more stringent rules, including rules on criminal liability for public bodies.

(19) To the extent that conduct constituting firearms trafficking and other firearms-related

criminal offences is attributable to legal persons, such legal persons should be held

liable for such an offence only where all the constituent elements of the criminal

offences set out in Article 3 are met. Liability should ensure accountability, prevent

and dissuade further criminal offences. In order to achieve the objectives of this

Directive, Member States whose law provides for the criminal liability of legal

persons should ensure that their law provides for effective, dissuasive and

proportionate types and levels of criminal penalties. In order to achieve the objectives

of this Directive, Member States whose law does not provide for the criminal liability

of legal persons should ensure that their law provides for effective, dissuasive and

proportionate types and levels of non-criminal penalties. To that end, minimum

amounts for the maximum levels of fines should be set. The maximum levels of fines

provided for in this Directive for the criminal offences should apply at least to the

most serious forms of such offences, as specified by the Directive. The gravity of the

conduct, as well as the individual, financial and other circumstances of the legal

persons concerned, should be taken into account to ensure that the penalty imposed is

effective, dissuasive and proportionate. Member States should be able to set the

maximum levels of fines either as a percentage of the total worldwide turnover of the

legal person concerned, or in fixed amounts.

(20) When implementing the criterion of the total worldwide turnover in relation to the

fines to be imposed on legal persons, Member States should decide whether to

calculate that turnover based on the business year preceding that in which the criminal

offence was committed, or on the business year preceding that of the decision to

impose the fine. This should be left at the discretion of the judiciary. Member

States should also consider providing for rules for cases where it is not possible to

determine the amount of a fine on the basis of the total worldwide turnover of the legal

person in the business year preceding that in which the criminal offence was

committed, or in the business year preceding that of the decision to impose the fine. In

such cases, Member States should be able to take into account other criteria, such as

total worldwide turnover in a different business year.

(21) Firearms have a long lifespan. Once they are diverted to the illegal market, they can

cause damage for decades. Therefore, the standard percentage rates for fines linked to

worldwide turnover, used in internal market instruments, should not apply for these

crimes.

EN 16 EN

(22) Member States should lay down in national law the maximum level of fines set in

fixed amounts. The highest levels of such fines should apply to the most serious forms

of criminal offences committed by legal persons of financial strength. Member States

should be able to determine the method of calculation of those highest levels of fines.

Member States should take measures to ensure regular review of the levels of fines set

in fixed amounts having regard to rates of inflation and other fluctuations in monetary

value, in accordance with procedures laid down in their national law. Member States

that do not have the euro as their currency should provide for maximum levels of fines

in their currency that correspond to the levels determined in this Directive in euro on

the date of its entry into force. Those Member States should regularly review the

levels of fines also with regard to the development of the exchange rate.

(23) The establishment of the minimum amount for the maximum level of fines in the

Directive should not affect the discretion of judges or courts in criminal proceedings to

impose appropriate penalties in individual cases. As this Directive does not impose

any requirement concerning the minimum level of fines set in national law for

firearms-related offences committed by legal persons, the judges or courts should, in

any case, impose appropriate penalties taking into account the individual, financial and

other circumstances of the legal person concerned and the gravity of the conduct.

(24) To ensure complete accountability, the fact that legal persons are held liable under this

Directive should not preclude criminal proceedings being taken against natural persons

who commit, incite or are accessories to the criminal offences defined in this

Directive. Where the conditions for criminal liability are met, such natural persons

should be understood to include corporate board members.

(25) Penalty levels imposed should be further approximated and the effectiveness of such

levels should be fostered through introducing common aggravating circumstances that

reflect the gravity of the criminal offence committed. The notion of ‘aggravating

circumstances’ should be understood either as facts enabling the judge to pronounce

more severe sentences for the same criminal offence than the sentence normally

imposed without such facts, or as the possibility to treat several criminal offences

cumulatively in order to increase the level of penalty. Therefore, Member States are

not obliged to provide for specific aggravating circumstances where national law

already provides for separate criminal offences that can lead to more severe penalties.

(26) Member States should ensure that at least one of the aggravating circumstances

provided for in this Directive is provided for as a possible aggravating circumstance in

accordance with applicable rules in their legal system. In any case, it should remain

within the discretion of the judge or the court to determine whether to increase or to

decrease the sentence, taking into account the specific circumstances in each

individual case.

(27) When a high number of firearms is discovered during an investigation, this should be

considered an aggravating circumstance. To that end, Member States should have a

common understanding of what a high number of firearms means.

(28) Accessory penalties or measures other than financial penalties are often more effective

than the latter, especially for legal persons. Accessory penalties or measures other than

financial penalties should therefore be available in the relevant proceedings. Those

penalties or measures could include the exclusion from certain benefits or funding, the

withdrawal of permits and authorisations to pursue activities, the confiscation of

firearms (regardless whether held legally or illegally), the withdrawal or refusal of the

firearms authorisation, deprivation of rights linked to the possession and use of

EN 17 EN

firearms, and prohibition to engage in certain professional activities. This should not

affect the discretion of judges or courts in criminal proceedings to impose appropriate

penalties in individual cases.

(29) This Directive should apply without affecting the general rules and principles of

national criminal law on the sentencing or the execution of sentences in accordance

with the specific circumstances in each individual case. It should be possible for

Member States to determine the most appropriate types of accessory penalties or

measures. In particular, if the withdrawal of permits and authorisations to pursue

activities that resulted in the relevant criminal offence can be imposed as a penalty

under national law, Member States should ensure that judges or courts are able to

either impose such a penalty themselves or that another competent authority is

informed and can act in accordance with national procedural rules.

(30) To ensure effective investigations and prosecution of firearms trafficking and other

firearms-related criminal offences, those responsible for investigating or prosecuting

such offences should have the possibility to make use of effective investigative tools

such as those which are used in combating organised crime or other serious

crimes. Such tools should, where appropriate, include, for example, the search of any

personal property, the interception of communications, covert surveillance including

electronic surveillance, the taking and the keeping of audio recordings, in private or

public vehicles and places, and of visual images of persons in public vehicles and

places, controlled deliveries, and financial investigations.

(31) Member States should be able to take all the necessary measures in accordance with

Directive (EU) 2024/1260 of the European Parliament and of the Council(8). To ensure

terminological consistency with other firearms legislative instruments such as the UN

Protocol and the Firearms Regulation, the term "seizure" should be used in this

Directive. In the context of seizing firearms, essential components and ammunition,

‘seizing’ should be understood as ‘freezing’ as outlined in Directive (EU) 2024/1260.

(32) In order to ensure that the competent authorities have sufficient time to conduct

complex investigations and prosecutions, Member States should lay down rules

concerning limitation periods necessary to combat firearms offences effectively,

without affecting national rules that do not set limitation periods for investigation,

prosecution and enforcement. As a general rule, a limitation period runs from the point

in time the criminal offence was committed. However, as this Directive establishes

minimum rules, Member States can provide for the limitation period to start later,

namely from the point in time the criminal offence was detected, provided that such

point in time of detection is clearly determined in accordance with national law.

Member States are permitted under this Directive to establish limitation periods

shorter than those laid down in this Directive, provided that in their legal systems it is

possible to interrupt or suspend such shorter limitation periods in the event of acts

which can be specified in accordance with national law.

(33) Given, in particular, the mobility of offenders, together with the cross-border nature of

criminal offences defined in this Directive and the possibility of cross-border

investigations being carried out, Member States should establish jurisdiction in order

to combat such offences effectively. Where a criminal offence falls within jurisdiction

of more than one Member State, the Member States concerned should cooperate to

determine which Member State is best placed to prosecute, including via Eurojust's

(8) Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset

recovery and confiscation, (OJ L, 2024/1260, 2.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1260/oj)

EN 18 EN

assistance on the basis of Regulation (EU) 2018/1727 of the European Parliament and

of the Council(9). A given Member State should establish jurisdiction over criminal

offences committed on board a ship or an aircraft registered in that Member State, or

flying its flag, taking into account related standards under relevant international

conventions.

(34) Lack of resources and enforcement powers for national authorities which detect,

investigate, prosecute or adjudicate firearms-related criminal offences creates

obstacles for the effective prevention and sentencing of those offences. In particular,

the shortage of resources is capable of preventing authorities from taking any action or

of limiting their enforcement actions, allowing offenders to escape liability or to

receive a sentence that does not correspond to the gravity of the criminal offence.

Member States should ensure that national authorities which detect, investigate,

prosecute or adjudicate firearms-related criminal offences have a sufficient number of

qualified staff and sufficient financial, technical and technological resources for the

effective performance of their functions related to the implementation of this

Directive. They should also ensure the adequate level of specialisation of those

authorities in the area of firearms-related criminal offences, in accordance with

national law. Therefore, Member States should establish minimum criteria concerning

resources and enforcement powers. In this context, account should be taken of the

constitutional traditions and of the structure of the legal system of Member States, as

well as other national circumstances.

(35) The establishment or designation of National Firearms Focal Points is an essential tool

for cross-border cooperation as recognised in policy instruments. Each Member State

should therefore establish such a National Firearms Focal Point tasked with similar

responsibilities. The main aim is to provide a comprehensive approach to the integral

control of firearms. This should be done at a strategic and operational level by means

of a co-ordinated collection, analysis and sharing of information to enhance the

knowledge of the threats, and to better inform national law enforcement agencies. The

National Firearms Focal Point can also be the national body of single point of contact

referred to in Article 13 of the UN Firearms Protocol.

(36) The cross-border nature of firearms trafficking and other firearms-related criminal

offences requires a strong coordinated response and cooperation within and between

the Member States, as well as with and among the relevant Union agencies and bodies

to counter firearms trafficking, including Eurojust, the European Union Agency for

Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of

the European Parliament and of the Council(10), and the European Public Prosecutor’s

Office, within their respective competences and in accordance with the applicable

legal framework, and with neighbouring countries, in particular enlargement partners.

To that end, efficient use of the available tools and resources for cooperation should be

made, such as joint investigation teams and coordination meetings facilitated by

Eurojust. The global character of firearms trafficking and other firearms-related

criminal offences necessitates an international answer, requiring the Union and its

(9) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on

the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing

Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138, , ELI:

http://data.europa.eu/eli/dec/2014/164/oj). (10) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the

European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing

Council (OJ L 135, 24.5.2016, pp. 53–114 http://data.europa.eu/eli/reg/2016/794/oj)

EN 19 EN

Member States to strengthen cooperation with relevant third countries. A strong

coordinated response and cooperation is also necessary with a view to securing and

obtaining electronic evidence.

(37) Member States should only criminalise the unauthorised creating, acquiring,

possessing, and sharing of blueprints that are designed for the manufacturing of live-

firing firearms, essential components or ammunition. Member States may decide to

create dedicated authorisations for natural and/or legal person to engage with these

blueprints in a legal manner. This is especially important to allow research institutions

and the firearms industry to further develop additive manufacturing production

methods. Member States may cooperate to facilitate the joint testing of blueprints and

the mutual recognition of the results of these tests.

(38) The implementation of criminal law measures adopted under this Directive should be

proportional to the nature and circumstances of the criminal offence, with respect to

the legitimate aims pursued and to their necessity in a democratic society, and should

exclude any form of arbitrariness, racism or discrimination.

(39) To effectively address the criminal offences defined in this Directive, it is necessary

that competent authorities in the Member States collect accurate, consistent and

comparable statistical data on those offences. Member States should therefore ensure

that an adequate digital system is in place for the recording, production and

transmission of existing statistical data on the criminal offences defined in this

Directive. It is important that those statistical data are used by Member States to serve

the strategic and operational planning of enforcement activities, to analyse the scale of

and trends in those offences, as well as for providing information to citizens.

(40) To develop a comprehensive picture of the threat pertaining to firearms-related

criminal offences and guide policy making in a timely manner, Member States should

transmit statistical data on those offences to the Commission six years following

transposition, and every five years thereafter.

(41) Data on seizures of firearms should be available in a Union repository to facilitate

cooperation between Member States, in particular cross-border investigations,

prosecutions and convictions of firearms-related offences.

(42) In order to ensure that the most relevant statistical data are collected, developed,

produced and disseminated, the power to adopt acts in accordance with Article 290 of

the TFEU should be delegated to the Commission to amend the Annex. It is of

particular importance that the Commission carry out appropriate consultations during

its preparatory work, including at expert level, and that those consultations be

conducted in accordance with the principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making(11). In particular, to ensure equal

participation in the preparation of delegated acts, the European Parliament and the

Council should receive all documents at the same time as Member States’ experts, and

their experts should systematically have access to meetings of Commission expert

groups dealing with the preparation of delegated acts.

(43) Directive (EU) 2024/1260 is already applicable to the UN Firearms Protocol. As this

Directive implements the UN Firearms Protocol and supplements it, the scope of the

Asset Recovery Directive should be amended to also include this Directive.

(11) Interinstitutional Agreement between the European Parliament, the Council of the European Union and

the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

EN 20 EN

(44) Since the objectives of this Directive cannot be sufficiently achieved by the Member

States but can rather, by reason of the need for Union-wide harmonised rules, be better

achieved at Union level, the Union may adopt measures, in accordance with the

principle of subsidiarity, as set out in Article 5 of the TEU. In accordance with the

principle of proportionality, as set out in that Article, this Directive does not go

beyond what is necessary in order to achieve those objectives.

(45) This Directive respects the fundamental rights, specifically Article 16 and 17 of the

Charter on fundamental rights of the EU, respectively referring to the freedom to

conduct a business and recognising the right to property. Furthermore, this Directive

observes the principles as recognised in particular by the Charter, including the

protection of personal data, the freedom of expression and information, the freedom to

conduct a business, the right to an effective remedy and to a fair trial, the presumption

of innocence and right of defence, the principles of legality and proportionality of

criminal offences and penalties, and the right not to be tried or punished twice in

criminal proceedings for the same offence. This Directive seeks to ensure full respect

for those rights and principles and should be implemented accordingly.

(46) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark

annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of

this Directive and is not bound by it or subject to its application.

(47) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United

Kingdom and Ireland in respect of the area of freedom, security and justice, annexed

to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol,

Ireland is not taking part in the adoption of this Directive and is not bound by it or

subject to its application..] OR [In accordance with Article 3 of Protocol No 21 on the

position of the United Kingdom and Ireland in respect of the area of freedom, security

and justice, annexed to the TEU and to the TFEU, Ireland has notified [, by letter of

…,] its wish to take part in the adoption and application of this Directive.]

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive establishes minimum rules concerning the definition of criminal offences and

penalties in the area of firearms, as well as measures to improve cross-border cooperation and

rules for the establishment of a minimum dataset on firearms seizures.

Article 2

Definitions

For the purpose of this Directive, the following definitions apply:

1. ‘firearm’ means a firearm as defined in Article 1(1), point (1), of Directive (EU) 2021/555

2. ‘essential component’ means an essential component as defined in Article 1(1), point (2), of

Directive (EU) 2021/555;

3. ‘ammunition’ means ammunition as defined in Article 1(1), point (3), of Directive (EU)

2021/555;

4. ‘blueprint’ means digital technical design files capable of being used with, or which can be

recognised by appropriate software by a 3D printer, a Computer Numerical Cutting (CNC)

EN 21 EN

metal milling machine or similar computer-operated system for the purpose of manufacturing

firearms, essential components or ammunition;

5. ‘disseminating’ means making available to the public;

6. ‘legal person’ means any legal entity having such status under the applicable national law,

except States or public bodies exercising State authority and public international

organisations;

Article 3

Firearms-related criminal offences

1. Member States shall ensure that, where it is intentional, any of the following acts

constitute a criminal offence, irrespective of whether it was committed online or

offline:

(a) the manufacturing or assembly of firearms, their essential components or

ammunition carried out under any of the following circumstances:

(i) from any essential component of such firearms illicitly trafficked; or

(ii) without an authorisation issued in accordance with Article 4 of Directive

(EU) 2021/555 by a competent authority of the Member State where the

manufacture or assembly takes place; or

(iii) without marking firearms and essential components at the time of

manufacture in accordance with Article 4 of Directive (EU) 2021/555;

(b) firearms trafficking, meaning the import, export, acquisition, sale, delivery,

movement or transfer of firearms, essential components or ammunition from or

through the territory of one Member State, or third country, to that of another

Member State or third country, carried out under any of the following

circumstances:

(i) any of the Member States or third countries concerned does not authorise

it in accordance with Directive (EU) 2021/555, Regulation (EU) 2025/41,

the UN Firearms Protocol or applicable national laws; or

(ii) the firearms, essential components or ammunition are not marked in

accordance with Article 4 of Directive (EU) 2021/555 or Article 6 of

Regulation (EU) 2025/41;

(c) falsifying or illicitly obliterating, removing or altering the marking(s) on

firearms and essential components;

(d) possession of firearms, their essential components and ammunition without

authorisation or declaration in accordance with Directive (EU) 2021/555;

(e) creating, acquiring, possessing or sharing, a blueprint without authorisation;

(f) dissemination of blueprints knowing that the blueprints may be used for the

purpose of committing any of the offences referred to in points (a), (b), (d)

and (e).

2. Member States shall ensure that the conduct referred to in paragraph 1 point (f), also

constitutes a criminal offence where it is committed with at least serious negligence.

EN 22 EN

Article 4

Inciting, aiding and abetting, and attempting

1. Member States shall ensure that inciting, aiding and abetting, the commission of a

criminal offence referred to in Article 3 is punishable as a criminal offence,

irrespective of whether it was committed online or offline.

2. Member States shall ensure that an attempt to commit a criminal offence referred to

in Article 3(1) is punishable as a criminal offence, irrespective of whether it was

committed online or offline.

Article 5

Penalties for natural persons

1. Member States shall take the necessary measures to ensure that the criminal offences

referred to in Articles 3 and 4, are punishable by effective, proportionate and

dissuasive criminal penalties.

2. Member States shall take the necessary measures to ensure that:

(a) the criminal offences referred to in Article 3(1), points (a) and (b) are

punishable by a maximum term of imprisonment of at least eight years;

(b) the criminal offence referred to in Article 3(1), point (c), is punishable by a

maximum term of imprisonment of at least four years;

(c) the criminal offence referred to in Article 3(1), point (d) is punishable by a

maximum term of imprisonment of at least five years;

(d) the criminal offences referred to in Article 3(1), points (e) and (f), are

punishable by a maximum term of imprisonment of at least two years.

3. Member States shall ensure that natural persons who have committed the criminal

offences as referred to in Articles 3 and 4 may be subject to accessory criminal or

non-criminal penalties or measures including the following:

(a) fines that are proportionate to the gravity of the act and to the individual

financial and other circumstances of the natural person concerned and, where

relevant, that are determined taking due account of the gravity and duration of

the damage caused;

(b) exclusion from access to public funding, including tender procedures, grants,

concessions and licences;

(c) disqualification from holding, within a legal person, a leading position of the

same type used for committing the criminal offence;

(d) withdrawal of permits and authorisations to possess and use any firearm,

essential component or ammunition;

(e) temporary bans on running for public office;

(f) where there is a public interest, following a case-by-case assessment,

publication of all or part of the judicial decision that relates to the criminal

offence committed and the penalties or measures imposed, which may include

the personal data of convicted persons only in duly justified exceptional cases.

EN 23 EN

Article 6

Liability of legal persons

1. Member States shall ensure that legal persons can be held liable for the criminal

offences referred to in Articles 3 and 4 where the criminal offences have been

committed for the benefit of those legal persons by a person who has a leading

position therein (the 'leading person') and who acts individually or as part of an organ

of that legal person on the basis of any of the following:

(a) a power of representation of the legal person;

(b) an authority to take decisions on behalf of the legal person;

(c) an authority to exercise control within the legal person.

2. Member States shall ensure that legal persons can be held liable for criminal offences

referred to in Articles 3 and 4 where the lack of supervision or control by a leading

person has made possible, by a person under their authority, the commission of a

criminal offence referred to in Articles 3 and 4, for the benefit of that person, a third

person, or that legal person.

3. The liability of legal persons under paragraphs 1 or 2 shall not preclude criminal

proceedings against natural persons who commit, incite or are accessories to the

criminal offences referred to in Articles 3 and 4.

Article 7

Penalties for legal persons

1. Member States shall ensure that where a legal person is held liable pursuant to

Article 6(1) and (2), the criminal offence is punishable by effective, proportionate

and dissuasive criminal or non- criminal penalties or measures.

2. Effective, proportionate and dissuasive criminal or non-criminal penalties or

measures may include criminal or non-criminal fines and shall include accessory

criminal or non-criminal penalties or measures, such as:

(a) exclusion from entitlement to public benefits or aid;

(b) exclusion from access to public funding, including tender procedures, grants

and concessions;

(c) disqualification from the practice of business activities;

(d) withdrawal of permits and authorisations to pursue activities which have

resulted in the criminal offence;

(e) placing under judicial supervision;

(f) judicial winding-up;

(g) closure of establishments used for committing the criminal offence;

(h) where there is a public interest, publication of all or part of the judicial decision

relating to the criminal offence committed and the penalties or measures

imposed, without affecting the rules on privacy and the protection of personal

data.

3. Member States shall ensure that where a legal person is held liable pursuant to

Article 6 for criminal offences referred to in Article 3, the criminal offence is

EN 24 EN

punishable by criminal or non-criminal fines. The amount of such fines shall be

proportionate to the gravity of the act and to the individual, financial and other

circumstances of the legal person.

4. Member States shall ensure that for criminal offences referred to in Article 3(1),

points (a) and (b), the maximum level of fines referred to in paragraph 3 of this

Article is not less than one of the following amounts, whichever is higher:

(a) 20% of the total worldwide turnover of the legal person, either in the business

year preceding that in which the criminal offence was committed or in the

business year preceding the decision to impose the fine;

(b) an amount corresponding to EUR 10 million;

5. Member States shall ensure that for criminal offences referred to in Article 3(1),

points (c) to (f), the maximum level of fines referred to in paragraph 3 of this Article

is not less than one of the following amounts, whichever is higher:

(a) 10% of the total worldwide turnover of the legal person, either in the business

year preceding that in which the criminal offence was committed or in the

business year preceding that of the decision to impose the fine;

(b) an amount corresponding to EUR 5 million.

6. Member States may establish rules for cases where it is not possible to determine the

amount of the fine on the basis of the total worldwide turnover of the legal person in

the business year preceding that in which the criminal offence was committed or in

the business year preceding that of the decision to impose the fine.

Article 8

Aggravating circumstances

To the extent that the following circumstances do not form part of the constituent elements of

the criminal offences referred to in Articles 3 and 4, Member States shall take the necessary

measures to ensure that, in relation to the criminal offences referred to in Articles 3, one or

more of the following circumstances can, be regarded as an aggravating circumstance:

(a) the criminal offence involves 10 or more firearms;

(b) the criminal offence involves Category A firearms, as set out in Annex I of

Directive (EU) 2021/555;

(c) the criminal offence relates to a terrorist offence as defined in Article 3 of

Directive (EU) 2017/541 of the European Parliament and of the Council(12);

(d) the criminal offence was committed in the framework of a criminal

organisation as defined in Article 1, point 1 ofCouncil Framework Decision

2008/841/JHA;

(e) the criminal offence caused serious physical injury to a person;

(f) the criminal offence caused the death of a person;

(g) the criminal offence involves the corruption of public officials;

(12) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on

combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council

Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

EN 25 EN

(h) the criminal offence was committed by a public official when performing his or

her duties;

(i) the criminal offence was committed by a natural or legal person that had

previously been convicted by a final judgment of criminal offences referred to

in Article 3 or Article 4;

(j) the firearms are trafficked to or from a conflict or post-conflict area.

Article 9

Mitigating circumstances

Member States shall take the necessary measures to ensure that, in relation to the criminal

offences referred to in Articles 3 and 4, providing the administrative or judicial authorities

with information which they would not otherwise be able to obtain can be regarded as a

mitigating circumstance, provided that the information is capable of contributing to any of the

following:

(a) preventing or mitigating the effects of the criminal offence;

(b) identifying or bringing to justice other offenders;

(c) finding evidence;

(d) preventing further criminal offences referred to in Article 3.

Article 10

Investigative tools

Member States shall take the necessary measures to ensure that effective and proportionate

investigative tools, including tools which are used for organised crime or other serious crime

cases, are available to persons, units or services responsible for investigating or prosecuting

the criminal offences referred to in Articles 3 and 4.

Article 11

Management and disposal

Member States shall adopt, within their national legal systems, the measures necessary to

prevent illicitly manufactured and trafficked firearms, essential components and ammunition

seized and confiscated by their authorities from falling into the hands of unauthorised persons

including measures to destroy those firearms, essential components and ammunition. Member

States may decide on other ways of disposal, provided that the firearms or essential

components have been marked and the methods of disposal of those firearms, essential

components and ammunition have been recorded.

Article 12

Limitation periods

1. Member States shall take the necessary measures to provide for a sufficient

limitation period after the commission of criminal offences referred to in Articles 3

and 4, which is commensurate to the gravity of the criminal offences and that enables

the investigation, prosecution, trial and adjudication of those criminal offences to be

tackled effectively. Member States shall take the necessary measures to provide for a

EN 26 EN

sufficient limitation period following a final conviction for criminal offences referred

to in Articles 3 and 4 that enables the enforcement of the penalties imposed.

2. The limitation period referred to in paragraph 1, first sentence, for the criminal

offences referred to in Article 3 shall be as follows:

(a) at least eight years from the commission of a criminal offence punishable by a

maximum term of imprisonment of at least eight years;

(b) at least five years from the commission of a criminal offence punishable by a

maximum term of imprisonment of at least five years;

(c) at least four years from the commission of a criminal offence punishable by a

maximum term of imprisonment of at least four years;

(d) at least two years from the commission of a criminal offence punishable by a

maximum term of imprisonment of at least two years.

3. The limitation period referred to in paragraph 1, second sentence, for the criminal

offences referred to in Article 3 shall be as follows:

(a) at least eight years from the date of the final conviction in either of the

following cases:

(i) a penalty of imprisonment of more than five years,

(ii) a penalty of imprisonment for a criminal offence punishable by a

maximum term of imprisonment of at least eight years;

(b) at least five years from the date of the final conviction in either of the the

following cases:

(i) a penalty of imprisonment of more than one year,

(ii) a penalty of imprisonment for a criminal offence punishable by a

maximum term of imprisonment of at least five years;

(c) at least four years from the date of the final conviction in either of the

following cases:

(i) a penalty of imprisonment of up to one year,

(ii) a penalty of imprisonment for a criminal offence punishable by a

maximum term of imprisonment of at least four years.

(d) at least two years from the date of the final conviction in either of the following

cases:

(i) a penalty of imprisonment of up to one year,

(ii) a penalty of imprisonment for a criminal offence punishable by a

maximum term of imprisonment of at least two years.

4. The limitation periods for the criminal offences referred to in Article 4 shall

correspond to the limitation period established for the related criminal offence

referred to in Article 3.

5. By way of derogation from paragraph 2, point (a) and paragraph 3, point (a),

Member States may establish a limitation period that is shorter than eight years, but

not shorter than four years, provided that such limitation period may be interrupted

or suspended in the event specified acts.

EN 27 EN

Article 13

Jurisdiction

1. Each Member State shall establish its jurisdiction over the criminal offences referred

to in Articles 3 and 4 where any of the following applies:

(a) the criminal offence was committed in whole or in part within its territory;

(b) the criminal offence was committed on board a ship or an aircraft registered in

that Member State or flying its flag;

(c) the offender is one of its nationals.

2. A Member State shall inform the Commission where it decides to extend its

jurisdiction to one or more criminal offences referred to in Articles 3 and 4 which

have been committed outside its territory, where any of the following applies:

(a) the offender is a habitual resident in its territory;

(b) the criminal offence is committed for the benefit of a legal person established

in its territory;

(c) the criminal offence is committed for the benefit of a legal person in respect of

any business done in whole or in part on its territory;

(d) the criminal offence is committed against one or more of its nationals or

habitual residents.

3. In cases referred to in paragraph 1(c), each Member States shall take the necessary

measures to ensure that the exercise of their jurisdiction is not subject to either of the

following conditions:

(a) the acts are a criminal offence at the place where they were carried out;

(b) the prosecution can be initiated only following a transmission of information

from the State of the place where the criminal offence was committed.

4. Where a criminal offence referred to in Articles 3 and 4 falls within the jurisdiction

of more than one Member State, those Member States shall cooperate to determine

which Member State is to conduct the criminal proceedings. The matter shall, where

appropriate and in accordance with Article 12(2) of Council Framework Decision

2009/948/JHA(13) , be referred to Eurojust.

Article 14

Training

Without prejudice to judicial independence and differences in the organisation of the judiciary

across the Union, Member States shall take the necessary measures to ensure that specialised

regular training is provided to judges, prosecutors, police and judicial staff and to competent

authorities’ staff involved in criminal proceedings and investigations with regard to the scope

of this Directive as referred to in Article 1 and appropriate to the functions of such judges,

prosecutors, police and judicial staff and competent authorities’ staff.

(13) Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of

conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42, ELI:

http://data.europa.eu/eli/dec_framw/2009/948/oj).

EN 28 EN

Article 15

Coordination and cooperation between competent authorities within a Member State

1. Each Member State shall designate a single National Firearms Focal Point, for

coordination and cooperation at strategic and operational levels among all its

competent authorities involved in the prevention of, and the fight against, firearms-

related criminal offences. The National Firearms Focal Point shall perform at least

the following tasks:

(a) gather, analyse and exchange information on firearms, their essential

components, ammunition, and blueprints for strategic and operational

purposes, within the limits set out in Union and national law;

(b) ensure the creation and regular update of an intelligence picture of the threat

related to firearms-related criminal offences;

(c) ensure the collection and recording of all information regarding seizures of

firearms linked to criminal offences. This also requires all necessary access to

national and international databases for the corresponding exchange of

information, including the duties established in Article 17;

(d) support criminal investigations, within the limits set out in applicable Union

and national law, with particular emphasis on the tracing of firearms, as

defined in Article 1(1), point 13, of Directive (EU) 2021/555;

(e) be the national point of contact at technical level for the requests of

international assistance, specifically those from the European groups of

practitioners working on matters relevant to combating firearms-related

criminal offences and related infringements;

(f) promote international cooperation.

2. Member States shall ensure that the National Firearms Focal Points are established

with an appropriate structure such as a dedicated unit, department, or centre, and

allocated with sufficient staff and resources to ensure their continuous operation and

effective functioning.

Article 16

Cooperation between Member States and the Commission, and Union bodies, offices or

agencies

1. Where the criminal offences referred to in Articles 3 and 4 are suspected to be of a

cross-border nature, the competent authorities of the Member States concerned shall

refer the information related to those offences to appropriate competent entities.

2. Without affecting the rules on cross-border cooperation and mutual legal assistance

in criminal matters, Member States, Eurojust, Europol, the European Public

Prosecutor’s Office, and the Commission shall, within their respective scope of

competences, cooperate with each other in the fight against the criminal offences

referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide

the technical and operational assistance needed by the competent national authorities

to facilitate coordination of their investigations. The Commission may, where

appropriate, provide assistance.

3. Member States may decide to facilitate the joint testing of blueprints suspected to be

designed for manufacturing firearms, essential components or ammunition.

EN 29 EN

Article 17

Registration of seized firearms

1. Member States shall ensure that seized firearms are registered using the minimum

dataset set out in the Annex.

2. The Commission is empowered to adopt delegated acts, in accordance with Article

19, to amend the minimum dataset set out in the Annex, if analysis carried out on the

gathered data show there is a data element lacking to obtain an intelligence picture

on the threats.

Article 18

Statistical data

1. Member States shall ensure that a digital system is in place for the collection,

development, productions and dissemination of anonymised statistical data on the

criminal offences referred to in Articles 3 and 4.

2. By 31 July of the sixth year following transposition, and then every five years

thereafter, Member States shall submit to the Commission the statistical data referred

to in paragraph 1 for the five preceding years. Member States may submit to the

Commission those data on a yearly basis. Those data shall, as a minimum, include

existing data on:

(a) the number of criminal offences registered and adjudicated by the Member

States, disaggregated by criminal offence;

(b) the number of court cases that are dismissed, including on the grounds of

expiry of the limitation period for the criminal offence concerned,

disaggregated by criminal offence;

(c) the number of prosecuted natural persons, disaggregated by criminal offence

(d) the number of convicted natural persons, disaggregated by criminal offence;

(e) the number of prosecuted legal persons, disaggregated by criminal offence;

(f) the number of convicted legal persons, disaggregated by criminal offence;

(g) types and levels of penalties imposed;

(h) the number of seized firearms.

3. Member States shall provide, in a digital manner, the data on seized firearms

registered in accordance with Article 17(1) to Europol, at least once a month.

4. Member States shall keep the data referred to in paragraph 2, for at least 20 years

Article 19

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 17(2) shall be conferred on

the Commission for an indeterminate period of time.

EN 30 EN

3. The delegation of power referred to in Article 17(2) may be revoked at any time by

the European Parliament or by the 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 Journal of the European

Union or at a later date specified therein. It shall not affect the validity of any

delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by

each Member State in accordance with the principles laid down in the

Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to

the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 17(2) shall enter into force only if no

objection has been expressed either by the European Parliament or the Council

within a period of two months of notification of that act to the European Parliament

and the Council or if, before the expiry of that period, the European Parliament and

the Council have both informed the 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.

Article 20

Amendment to Directive (EU) 2024/1260

In Article 2(1) of Directive (EU) 2024/1260, the following point is added:

'Directive (EU) xxx/xxx of the European Parliament and the Council on combating firearms-

related offences'

Article 21

Reporting

By 31 October [eight year after the entry into force of this Directive] and of every five years

thereafter, the Commission shall submit a report to the European Parliament and to the

Council, assessing the added value of this Directive with regard to combating firearms-related

criminal offences.

By 31 July [eight years after the date of entry into force of this Directive] and every five years

thereafter, Member States shall provide the Commission with necessary information for the

preparation of that report, including a summary of the implementation of this Directive and

actions taken in accordance with Articles 14 to 16, with particular attention given to cross-

border cooperation. The Member States shall also provide specific information on the

implementation of Article 8 and which effect the aggravating circumstances used had on the

level of penalties. On the basis of the evaluation, the Commission shall, if necessary, decide

on appropriate follow-up actions.

Article 22

Transposition

1. Member States shall bring into force the laws, regulations and administrative

provisions necessary to comply with this Directive by [24 months after the date of

EN 31 EN

entry into force of the Directive] at the latest. They shall forthwith communicate to

the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this

Directive or be accompanied by such a reference on the occasion of their official

publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions

of national law which they adopt in the field covered by this Directive.

Article 23

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

Article 24

Addressees

This Directive is addressed to the Member States [in accordance with the Treaties].

Done at Brussels,

For the European Parliament For the Council

The President The President

[...] [...]

EN 32 EN

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Directive of the European Parliament and of the Council on combating firearms

trafficking and firearms-related offences

1.2. Policy area(s) concerned

Firearms and criminal law are the main policy areas concerned. However others are

also relevant: Internal security, organised crime, terrorism, drugs trafficking and

asset recovery.

1.3. Objective(s)

1.3.1. General objective(s)

The overall objective of the proposal is to contribute to the protection of the people

in the Union against the threat posed by illicit firearms. In order to reach this general

objective it is important to reduce the number of illicit firearms and the activities of

the illegal firearms market in the EU, to reduce the discrepancies between EU

Member States and harmonise firearms-related offences and penalties across

Member States, and to enhance the overall picture of the threat posed by firearms by

improving the availability and quality of data.

1.3.2. Specific objective(s)

Specific objective No

1. Making it easier to investigate and prosecute firearms-related offences

2. Ensuring a future proof enforcement of firearms-related offences

3. Ensuring effective, dissuasive and proportionate penalty types and levels for

firearms-related offences

4. Improving law enforcement and judicial cooperation and harmonised data

collection on firearms-related offences

1.3.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the

beneficiaries/groups targeted.

The main expected result of the initiative is to improve the EU legal framework on

tackling firearms-related offences and to strengthen enforcement at national level. It

is acknowledged that criminal law is the last resort when other measures have not

been sufficient to ensure compliance, which in this case proves essential for

enforcing the Union’s firearms laws. The Directive will harmonise the definitions of

the firearms-related offences and the related penalties. This will facilitate cross-

border cooperation. Additionally, the obligation to establish National Firearms Focal

Points will also result in better cooperation and coordination between the Member

States. Lastly, the establishment of a minimum dataset to register seized firearms will

allow for a better intelligence picture on the threat. This will facilitate the analyses of

the phenomenon of illegal firearms at EU level, identifying trends, modus operandi

and becoming an instrument for investigators and policy makers. Furthermore, this

harmonised dataset and the corresponding national databases, together with the

EN 33 EN

European Firearms Hub will also facilitate the collection of data by other

stakeholders, such as the Commission or UNODC.

1.3.4. Indicators of performance

Specify the indicators for monitoring progress and achievements.

The success of this proposal could not be measured against a clear baseline, as

systematic information on the scale of firearms-related crime and efforts to combat it

in individual Member States is insufficient. Nevertheless, a monitoring framework

was developed (Annex 10 of the Impact Assessment), which contains the following

indicators:

number of investigations, prosecutions and convictions of the different offences.

Success: stable and upward trend of cases in each Member State

specific focus on the number of investigations, prosecutions and conviction in

relation to the privately manufactured firearms

Success: All Member States have a specific focus on privately manufactured firearms

within their national strategies and law enforcement reply. Dedicated action within

EMPACT firearms regarding the testing of blueprint. Inclusion of the particulars of

privately manufactured firearm in national databases on seized firearms and also

within the firearms module in the firearms hub in Europol.

levels of financial fines imposed on natural persons and legal persons, levels of

imprisonment penalties, full use of accompanying penalties, types and numbers of

accessory penalties

Success: An increase of the lowest penalty levels following the agreed upon

minimum levels of maximum penalties. Penalties imposed use the full range of

penalty types and levels (including a wider use of accompanying and accessory

penalties). Confiscation of profits are applied systematically.

continuation of EMPACT Firearms, number of firearms cases at Eurojust and

number of JITs at Eurojust, Number of SIENA messages at Europol, number of

established and fully functional National Firearms Focal Points.

Success: Firearms remains a priority within the EMPACT cycle. Increase of cross-

border cooperation manifested through increase of cases shared with Eurojust and

Europol. All Member States have a National Firearms Focal Point and they fulfil

more than 75% of the tasks as agreed in the Council Conclusions.

the use of the harmonised dataset on seized firearms and the amount of registered

seized firearms sent to Europol to be added to the European Firearms Hub repository.

Success: the agreed minimum dataset on seized firearms is used by all Member

States and integrated into the Firearms Hub at Europol to serve as an EU repository

of seized firearms.

statistics gathered by the Member States

Success: all Member States send in the statistical data after 5 years and 30% of the

Member States send the data annually, on a voluntary bases.

1.4. The proposal/initiative relates to:

☑ a new action

EN 34 EN

☐ a new action following a pilot project/preparatory action (1)

☐ the extension of an existing action

☐ a merger or redirection of one or more actions towards another/a new

action

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

There are three types of requirements, which correspond to short, medium and long

term objectives.

Short term requirements: Member States shall transpose the Directive within 24

months. This includes:

Member States shall ensure that the acts inscribed in article 3 of the proposal

constitute a criminal offence, when committed intentionally.

Member States shall take the necessary measures to make offences accessory to

firearms-related crimes are criminalised

Member States shall define penalties related to firearms-related crimes for natural

and legal persons- Member States shall define aggravating and mitigating

circumstances of firearms-related crimes

Member States shall define investigative tools

Each Member State shall take the necessary measures to establish its jurisdiction

over the offences referred to in the proposal

Each Member State shall establish a functional National Firearms Focal Point

Each Member State shall integrate the minimum dataset on seized firearms into their

national databases.

Medium term requirements:

Without prejudice to the rules on cross-border cooperation and mutual legal

assistance in criminal matters, the Member States, Eurojust, the European Public

Prosecutors Office, and the Commission shall, within their respective competences,

cooperate with each other in the fight against the criminal offences referred to in

Articles 3 and 4.

Member States shall ensure that officials who detect, investigate, prosecute or

adjudicate firearms-related offences, such as judges, prosecutors, police, judicial and

those competent authorities’ staff, receive regular specialist training appropriate to

their functions.

Without prejudice to judicial independence and differences in the organisation of the

judiciary across the Union, Member States shall request those responsible for the

training of judges, prosecutors, police, judicial and those competent authorities’ staff

involved in criminal proceedings and investigations to provide appropriate training

with respect to the objectives of this Directive.

(1) As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

EN 35 EN

Member States shall collect systematic, reliable and up-to date statistics on firearms-

related crimes by each competent authority with a view to making consistent and

coherent comparison and analysis of relevant information possible.

Member States shall transmit the data on registered seized firearms to Europol, on a

monthly basis.

Long term requirements:

Every five years, Member States shall send all statistical information to the

Commission. - Every five years, Member States shall inform the Commission of the

implementation of Article 14 to 16.

Every five years, the Commission will publish a report containing the statistical data

gathered from the Member States.

Every five years, the Commission will publish a report that assesses the impact of the

Directive and consider if appropriate follow-up actions are needed.

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section 'added value of EU involvement' is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone.

Reasons for action at EU level (ex-ante) Despite the ratification of the UN Firearms

Protocol, the preparatory study ordered by the Commission showed gaps in the

transposition of the obligation to criminalise firearms-related offences. Additionally,

the study showed low penalties and penalty levels in multiple Member States. These

insufficient penalty levels in a number of Member States prevent a level playing field

across the EU.

The impact assessment also showed the low level of cross-border cooperation with

the help of Europol and Eurojust in comparison to other crimes. Furthermore, after

years of recommending Member States to establish a National Firearms Focal Point

and attributing the correct tasks to it, only 8 Member States have National Firearms

Focal Points that fulfil more than 75% of the tasks agreed in the Council

Conclusions.

Additionally, following three years of discussions, the expert group on firearms

trafficking and the implementation of the Firearms Directive, have reached a

preliminary agreement on the minimum dataset to register seized firearms. However,

the experts present also stated that without a legal obligation to use this dataset, they

do not anticipate much change.

Expected generated EU added value (ex-post) This initiative will harmonise the

criminal firearms-related offences throughout the EU and establish minimum

maximum penalties. By providing clarity on legal definitions and by approximating

penalty levels, as well as by providing tools and obligations for cross-border

cooperation among Member States, the Directive will create a more even level

playing field with equivalent criminal law focus across the EU and facilitate cross-

border cooperation on investigations and prosecutions.

The obligation to establish fully functional National Firearms Focal Points will

facilitate the cooperation and coordination within Member States and cross-border.

Additionally, the obligation to use the minimum dataset for registering seized

EN 36 EN

firearms and the transmission of this information to Europol will improve the

intelligence picture of the threat.

An effective EU wide criminal policy on firearms-related offences may also benefit

other EU policy objectives. Firearms crimes are often linked to other forms of crime

such as drugs trafficking, terrorism, organised crime, money laundering, extorsion,

trafficking in human beings etc. A more effective EU legislation on firearms-related

crimes would contribute to effective criminal law enforcement strategies, at the EU

and national level that address all relevant aspects of criminal interaction.

1.5.3. Lessons learned from similar experiences in the past

Although the existing Union firearms legislation establishes the provision that

violations of the rules need to be sanctioned in a effective, proportionate and

dissuasive manner, the preparatory study showed large discrepancies in this

implementation and penalty levels. Experiences in other policy fields, show the need

for a consistent criminal policy throughout the Union, removing loopholes for

criminals and combating illicit trafficking of firearms without the problems of more

lenient jurisdictions.

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments

This proposal is consistent with:

- ProtectEU, the new European internal security strategy unveiled in April 2025,

reiterates that firearms are a key enabler of the increasing violence perpetrated by

organised crime groups.

- United against terror: EU Agenda on preventing and countering terrorism and

violent extremism, presented in December 2025

- The 2020-2025 EU Action Plan on firearms trafficking

- The EU Strategy to tackle Organised Crime covering the period 2021-2025, which

named firearms trafficking as one of the priorities of the EU’s fight against organised

crime.

The general objectives of this proposal are supported by the Multiannual Financial

Framework, which places an important emphasis on funding activities to improve the

internal security of the EU. Some synergies will exist with pre-existing programmes.

An example would be the training activites derived from the proposal which most of

them already exist and are provided by CEPOL and by Frontex training for law

enforcement.

1.5.5. Assessment of the different available financing options, including scope for

redeployment

In order to cope with the proposal new obligations such as monitoring the situation,

increase trainings, provide some guidance and raising awareness, the Commission

will have to do an extra effort. Those efforts will rely on DG HOME as most of the

tasks listed below will required some time management and some extra costs.

1.6. Duration of the proposal/initiative and of its financial impact

☐ limited duration

☐ in effect from [DD.MM]YYYY to [DD.MM]YYYY

EN 37 EN

☐ financial impact from YYYY to YYYY for commitment appropriations

and from YYYY to YYYY for payment appropriations.

☑ unlimited duration

Implementation with a start-up period from YYYY to YYYY,

followed by full-scale operation.

1.7. Method(s) of budget implementation planned(2)

☑ Direct management by the Commission

☑ by its departments, including by its staff in the Union delegations;

☐ by the executive agencies

☐ Shared management with the Member States

☐ Indirect management by entrusting budget implementation tasks to:

☐ third countries or the bodies they have designated;

☐ international organisations and their agencies (to be specified);

☐ the European Investment Bank and the European Investment Fund;

☐ bodies referred to in Articles 70 and 71 of the Financial Regulation;

☐ public law bodies;

☐ bodies governed by private law with a public service mission to the

extent that they are provided with adequate financial guarantees;

☐ bodies governed by the private law of a Member State that are entrusted

with the implementation of a public-private partnership and that are

provided with adequate financial guarantees;

☐ bodies or persons entrusted with the implementation of specific actions in

the common foreign and security policy pursuant to Title V of the Treaty

on European Union, and identified in the relevant basic act

☐ bodies established in a Member State, governed by the private law of a

Member State or Union law and eligible to be entrusted, in accordance

with sector-specific rules, with the implementation of Union funds or

budgetary guarantees, to the extent that such bodies are controlled by

public law bodies or by bodies governed by private law with a public

service mission, and are provided with adequate financial guarantees in

the form of joint and several liability by the controlling bodies or

equivalent financial guarantees and which may be, for each action,

limited to the maximum amount of the Union support.

Comments

/

(2) Details of budget implementation methods and references to the Financial Regulation may be found on

the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-

implementation/Pages/implementation-methods.aspx.

EN 38 EN

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

Every five years, the Commission will publish a report regarding the impact of the

Directive. This report will include an overview of how Member States are

implementing the different provisions and it will contain a statistical overview of the

data gathered through this Directive.

2.2. Management and control system(s)

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed

Considering that the proposal affects the Commission’s work, and more precisely

that of DG HOME, the EU budget will be implemented via direct management.

Pursuant to the principle of sound financial management, the budget shall be

implemented in compliance with effective and efficient internal control.

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

No specific risks have been identified at this stage.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure)

The costs for the direct management of control by the Commission can be calculated

based on the amount of time staff of DG HOME will dedicate to the control. It is

expected that this will amount to 50% of one FTE during 2026 and 2027, after which

it will reduce to 20% of a FTE.

2.3. Measures to prevent fraud and irregularities

The LFDS concerns staff expenditure and procurement, and standard rules for this

type of expenditures apply.

EN 39 EN

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading

of

multiannu

al

financial

framework

Budget

line

Type of

expenditur

e

Contribution

Number Diff./Non-

diff. (3)

from

EFTA

countries (4)

from

candidate

countries

and

potential

candidates (5)

from other

third

countries

other

assigned

revenue

7

European

Public

administra

tion

Diff./Non-

diff. NO NO NO NO

New budget lines requested

In order of multiannual financial framework headings and budget lines.

(3) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. (4) EFTA: European Free Trade Association. (5) Candidate countries and, where applicable, potential candidates from the Western Balkans.

EN 40 EN

Heading

of

multiannu

al

financial

framework

Budget

line

Type of

expenditur

e

Contribution

Number Diff./non-

diff.

from

EFTA

countries

from

candidate

countries

and

potential

candidates

from other

third

countries

other

assigned

revenue

[XX.YY.Y

Y.YY]

Diff./Non-

diff. YES/NO YES/NO YES/NO YES/NO

[XX.YY.Y

Y.YY]

Diff./Non-

diff. YES/NO YES/NO YES/NO YES/NO

[XX.YY.Y

Y.YY]

Diff./Non-

diff. YES/NO YES/NO YES/NO YES/NO

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

☑ The proposal/initiative does not require the use of operational appropriations

☐ The proposal/initiative requires the use of operational appropriations, as explained below:

3.2.1.1. Appropriations from voted budget

EUR million (to three decimal places)

Heading of multiannual financial framework Number

DG: <.......> Year Year Year Year TOTAL MFF

EN 41 EN

2024 2025 2026 2027 2021-2027

Operational appropriations

Budget line Commitments (1a) 0.000

Payments (2a) 0.000

Budget line Commitments (1b) 0.000

Payments (2b) 0.000

Appropriations of an administrative nature financed from the envelope of specific programmes (6)

Budget line (3) 0.000

TOTAL appropriations

for DG <.......>

Commitments =1a+1

b+3 0.000 0.000 0.000 0.000 0.000

Payments =2a+2

b+3 0.000 0.000 0.000 0.000 0.000

DG: <.......> Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

Operational appropriations

Budget line Commitments (1a) 0.000

Payments (2a) 0.000

(6) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former 'BA' lines), indirect research,

direct research.

EN 42 EN

Budget line Commitments (1b) 0.000

Payments (2b) 0.000

Appropriations of an administrative nature financed from the envelope of specific programmes (7)

Budget line (3) 0.000

TOTAL appropriations

for DG <.......>

Commitments =1a+1

b+3 0.000 0.000 0.000 0.000 0.000

Payments =2a+2

b+3 0.000 0.000 0.000 0.000 0.000

Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

TOTAL operational

appropriations

Commitments (4) 0.000 0.000 0.000 0.000 0.000

Payments (5) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations of an administrative

nature financed from the envelope for specific

programmes

(6) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations

under HEADING <....>

of the multiannual financial

framework

Commitments =4+6 0.000 0.000 0.000 0.000 0.000

Payments =5+6 0.000 0.000 0.000 0.000 0.000

(7) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former 'BA' lines), indirect research,

direct research.

EN 43 EN

Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

TOTAL operational

appropriations (all operational

headings)

Commitments (4) 0.000 0.000 0.000 0.000 0.000

Payments (5) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations of an administrative

nature financed from the envelope for specific

programmes (all operational headings)

(6) 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations

Under Heading 1 to 6

of the multiannual financial

framework

(Reference amount)

Commitments =4+6 0.000 0.000 0.000 0.000 0.000

Payments =5+6 0.000 0.000 0.000 0.000 0.000

Heading of multiannual financial framework 7 ‘Administrative expenditure’ (8)

DG: HOME Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

Human resources 0.000 0.000 0.097 0.097 0.194

Other administrative expenditure 0.000 0.000 0.000 0.027 0.027

TOTAL DG HOME Appropriations 0.000 0.000 0.097 0.124 0.221

DG: <.......> Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

(8) The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage.

EN 44 EN

Human resources 0.000 0.000 0.000 0.000 0.000

Other administrative expenditure 0.000 0.000 0.000 0.000 0.000

TOTAL DG <.......> Appropriations 0.000 0.000 0.000 0.000 0.000

TOTAL appropriations under HEADING 7

of the multiannual financial framework

(Total

commitmen

ts = Total

payments)

0.000 0.000 0.000 0.000 0.000

EUR million (to three decimal places)

Year

2024

Year

2025

Year

2026

Year

2027

TOTAL

MFF

2021-2027

TOTAL appropriations under

HEADINGS 1 to 7

of the multiannual financial framework

Commitments 0.000 0.000 0.097 0.124 0.221

Payments 0.000 0.000 0.097 0.124 0.221

3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

Commitment appropriations in EUR million (to three decimal places)

Indi

cate

obje

ctive

Year

2024

Year

2025

Year

2026

Year

2027 yearly meeting to support implementation TOTAL

OUTPUTS

EN 45 EN

s

and

outp

uts

⇓

Type (9)

Aver

age

cost

No Cost No Cost No Cost No Cost No Cost No Cost No Cost Total

No

Total

Cost

SPECIFIC

OBJECTIVE No 4 (10): Improving law

enforcement and

judicial cooperation

and harmonised data

collection on

firearms-related

offences

-

Focu

s

grou

p on

judic

ial

coop

erati

on

meet

ing

0.01

35 2

0.02

7 1

0.01

35 1

0.01

35 1

0.01

35 5

0.06

75

-

Outp

ut

(9) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). (10) As described in point 1.4.2. 'Specific objective(s)...'

EN 46 EN

-

Outp

ut

Subtotal for specific

objective No 1

SPECIFIC

OBJECTIVE No 2

...

-

Outp

ut

Subtotal for specific

objective No 2

TOTALS

3.2.3. Summary of estimated impact on administrative appropriations

☐ The proposal/initiative does not require the use of appropriations of an administrative nature

☑ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

3.2.3.1. Appropriations from voted budget

VOTED APPROPRIATIONS Year

2024

Year

2025

Year

2026

Year

2027

TOTAL MFF

2021-2027

HEADING 7

Human resources 0.000 0.000 0.097 0.097 0.194

EN 47 EN

Other administrative expenditure 0.000 0.000 0.000 0.027 0.027

Subtotal HEADING 7 0.000 0.000 0.097 0.124 0.221

Outside HEADING 7

Human resources 0.000 0.000 0.000 0.000 0.000

Other expenditure of an administrative nature 0.000 0.000 0.000 0.000 0.000

Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000

TOTAL 0.000 0.000 0.097 0.124 0.221

3.2.3.3. Total appropriations

TOTAL

VOTED APPROPRIATIONS

+

EXTERNAL ASSIGNED REVENUES

Year

2024

Year

2025

Year

2026

Year

2027

TOTAL

MFF

2021-2027

HEADING 7

Human resources 0.000 0.000 0.097 0.097 0.194

Other administrative expenditure 0.000 0.000 0.000 0.027 0.027

Subtotal HEADING 7 0.000 0.000 0.097 0.124 0.221

Outside HEADING 7

EN 48 EN

Human resources 0.000 0.000 0.000 0.000 0.000

Other expenditure of an administrative

nature 0.000 0.000 0.000 0.000 0.000

Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000

TOTAL 0.000 0.000 0.097 0.124 0.221

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from

the DG that are already assigned to management of the action and/or have been redeployed within the DG, together, if necessary, with

any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary

constraints.

3.2.4. Estimated requirements of human resources

☐ The proposal/initiative does not require the use of human resources

☑ The proposal/initiative requires the use of human resources, as explained below

3.2.4.1. Financed from voted budget

Estimate to be expressed in full-time equivalent units (FTEs) (11)

VOTED APPROPRIATIONS Year

2024

Year

2025

Year

2026

Year

2027

Establishment plan posts (officials and temporary staff)

20 01 02 01 (Headquarters and Commission's Representation Offices) 0 0 0.5 0.5

(11) Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within

your DG and what are your net needs.

EN 49 EN

20 01 02 03 (EU Delegations) 0 0 0 0

01 01 01 01 (Indirect research) 0 0 0 0

01 01 01 11 (Direct research) 0 0 0 0

Other budget lines (specify) 0 0 0 0

External staff (in FTEs)

20 02 01 (AC, END from the 'global envelope') 0 0 0 0

20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0

Admin. support line

[XX.01.YY.YY]

at Headquarters 0 0 0 0

in EU Delegations 0 0 0 0

01 01 01 02 (AC, END - Indirect research) 0 0 0 0

01 01 01 12 (AC, END - Direct research) 0 0 0 0

Other budget lines (specify) - Heading 7 0 0 0 0

Other budget lines (specify) - Outside Heading 7 0 0 0 0

TOTAL 0 0 0.5 0.5

3.2.4.3. Total requirements of human resources

TOTAL

VOTED APPROPRIATIONS

+

Year

2024

Year

2025

Year

2026

Year

2027

EN 50 EN

EXTERNAL ASSIGNED REVENUES

Establishment plan posts (officials and temporary staff)

20 01 02 01 (Headquarters and Commission's Representation Offices) 0 0 0.5 0.5

20 01 02 03 (EU Delegations) 0 0 0 0

01 01 01 01 (Indirect research) 0 0 0 0

01 01 01 11 (Direct research) 0 0 0 0

Other budget lines (specify) 0 0 0 0

External staff (in full time equivalent units)

20 02 01 (AC, END from the global envelope) 0 0 0 0

20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0

Admin. support

line

[XX.01.YY.YY]

at Headquarters 0 0 0 0

in EU Delegations 0 0 0 0

01 01 01 02 (AC, END - Indirect research) 0 0 0 0

01 01 01 12 (AC, END - Direct research) 0 0 0 0

Other budget lines (specify) - Heading 7 0 0 0 0

Other budget lines (specify) - Outside Heading 7 0 0 0 0

TOTAL 0 0 0.5 0.5

EN 51 EN

The staff required to implement the proposal (in FTEs):

To be covered by

current staff

available in the

Commission

services

Exceptional additional staff*

To be financed

under Heading

7 or Research

To be financed

from BA line

To be financed

from fees

Establishment

plan posts 0.5 FTE N/A

External staff

(CA, SNEs,

INT)

Description of tasks to be carried out by:

Officials and temporary staff

Support the Member States with the implementation of the Directive,

organise expert group meetings and focus groups for the judicial

authorities. Support the operational actions within EMPACT on 3D

printing. Prepare any reports needed.

External staff

3.2.5. Overview of estimated impact on digital technology-related investments

Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the

table below.

Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 7 should be presented

in the designated line.

EN 52 EN

The appropriations under Headings 1-6 should be reflected as "Policy IT expenditure on operational programmes". This expenditure

refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the

initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be

consistent with details presented under Section 4 "Digital dimensions".

TOTAL Digital and IT

appropriations

Year

2024

Year

2025

Year

2026

Year

2027

TOTAL

MFF

2021-2027

HEADING 7

IT expenditure (corporate) 0.000 0.000 0.000 0.000 0.000

Subtotal HEADING 7 0.000 0.000 0.000 0.000 0.000

Outside HEADING 7

Policy IT expenditure on

operational programmes 0.000 0.000 0.000 0.000 0.000

Subtotal outside HEADING

7 0.000 0.000 0.000 0.000 0.000

TOTAL 0.000 0.000 0.000 0.000 0.000

EN 53 EN

3.2.6. Compatibility with the current multiannual financial framework

The proposal/initiative:

☑ can be fully financed through redeployment within the relevant heading of the

multiannual financial framework (MFF).

☐ requires use of the unallocated margin under the relevant heading of the MFF

and/or use of the special instruments as defined in the MFF Regulation.

☐ requires a revision of the MFF.

EN 54 EN

3.2.7. Third-party contributions

The proposal/initiative:

☑ does not provide for co-financing by third parties

☐ provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

Year

2024

Year

2025

Year

2026

Year

2027 Total

Specify the co-financing body

TOTAL appropriations co-financed

3.3. Estimated impact on revenue

☑ The proposal/initiative has no financial impact on revenue.

☐ The proposal/initiative has the following financial impact:

☐ on own resources

☐ on other revenue

☐ please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:

Appropriations

available for the

current financial year

Impact of the proposal/initiative (12)

Year

2024

Year

2025

Year

2026

Year

2027

(12) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for

collection costs.

EN 55 EN

Article ..........

For assigned revenue, specify the budget expenditure line(s) affected.

[...]

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

[...]

4. DIGITAL DIMENSIONS

4.1. Requirements of digital relevance

If the policy initiative is assessed as having no requirement of digital relevance, provide an explanation as to why digital means are not

used.

Otherwise, please list the requirements of digital relevance in the table below:

Reference to the

requirement

Requirement

description

Actor(s) affected or

concerned by the

requirement

High-level Processes Categories

Article 15(1)

The National Firearms

Focal Point shall gather,

analyse, and exchange

relevant information and

ensure the collection and

recording of all

information regarding

seizures of firearms

linked to criminal

offences.

Member States

Management of

registries and gathering

of information

data

Article 17(1) Article 17 establishes

that Member States shall Member States

management of

registries data

EN 56 EN

register seized firearms

according to a minimum

dataset. This minimum

dataset is described in

the annex of the

proposal.

Article 18

Article 18 requires

Member States to

gather, in a digital

manner, statistical data

on the offences referred

to in Articles 3 and 4.

The data that Member

States have to gather is

established by Article

18(2). Member States

shall ensure that a

digital system is in place

for the collection,

development,

production and

dissemination of

anonymised statistical

data on the criminal

offences.

Member States management of

registries data - digital solution

Article 21

Reporting obligations

for the Commission

towards the European

parliament and the

Council based on data

received from the

Member States and

European Commission

gathering of data on

implementation +

reporting about the data

data

EN 57 EN

Member States

4.2. Data

High-level description of the data in scope and any related standards/specifications

Type of data Reference to the requirement(s) Standard and/or specification (if

applicable)

Information on firearms gathered by the

National Firearms Focal Points Article 15(1)

In order for these entities to be the focal

points they have to gather, analyse and

exchange information on firearms, their

essential components, ammunition, and

blueprints. Furthermore, they should

ensure the collection and recording of all

information regarding seizures of firearms.

Registration of seized firearms Article 17(1) and Annex

The description of data on seized firearms

is established in Annex I. This minimum

dataset will harmonise the collection of

seizure data in the Member States. This

minimum dataset was extensively

discussed with the Member States in the

expert group on firearms trafficking and

the implementation of the firearms

Directive. For some Member States this

will not mean a change in their national

databases, however, for others this will

EN 58 EN

require amending or creating a national

database.

Statistical data Article 18(2)

Article 18(2) establishes the specific list of

data that needs to be gathered, as a

minimum, by Member States

Commission report (assessing the added

value of the Directive with regard to

combating firearms trafficking and other

firearms-related criminal offences)

Article 21

The Commission has to adopt a report

which contains data on the implementation

of the Directive. Specifically, it has to

contain data on resources used by Member

States, training organised by Member

States, coordination and cooperation done

internally by Member States, cooperation

done between Member States and the

Commission, union bodies, offices or

agencies, and on statistical data gathered

according to Article 18.

Alignment with the European Data Strategy

Explain how the requirement(s) are aligned with the European Data Strategy

Article 18(1) states that this data has to be made publicly available. This requirement fits with the objective of the European Data

Strategy regarding more available data. Through this data, the public sector can develop better policies, leading to more transparent

governance and more efficient public services.

Alignment with the once-only principle

Explain how the once-only principle has been considered and how the possibility to reuse existing data has been explored

The description of data on seized firearms is established in Annex I. This minimum dataset will harmonise the collection of seizure data

in the Member States. This minimum dataset was extensively discussed with the Member States in the expert group on firearms

trafficking and the implementation of the firearms Directive. For some Member States this will not mean a change in their national

databases, however, for others this will require amending or creating a national database.

EN 59 EN

Explain how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards

Additionally, following Article 18, every five years, the Member States shall share this data with the Commission. This sharing of data

is triggered by the obligation of the Commission to publish a report on the added value of the Directive. This report has to contain

statistical data.

Data flows

For each data flow, please fill the table below:

Type of data Reference(s) to the

requirement(s)

Actor who

provides the data

Actor who receives

the data

Trigger for the

data exchange

Frequency (if

applicable)

Information on

firearms gathered

by the National

Firearms Focal

Point

Article 15(1)

Different national

stakeholders such

as justice, police,

customs etc.

National Firearms

Focal Point

National Firearms

Focal Points need to

ensure that they

have the complete

picture of the

firearms threat it the

Member States

constant

Statistical data on

seized firearms Article 17 Member States Europol at least monthly

Statistical data (of

the five preceding

years on the

criminal offences

referred to in

Articles 3 and 4

Article 18 Member States European

Commission

By every 31 July of

the 6th year

following

transposition

Commission report Article 21 European

Commission

European

Parliament and

Council

By 31 October of

every six years

following

EN 60 EN

transposition

4.3. Digital solutions

For each digital solution, please provide the reference to the requirement(s) of digital relevance concerning it, a description of the

digital solution's mandated functionality, the body that will be responsible for it, and other relevant aspects such as reusability and

accessibility. Finally, explain whether the digital solution intends to make use of AI technologies.

Digital solution

Reference(s) to

the

requirement(s)

Main mandated

functionalities

Responsible

body

How is

accessibility

catered for?

How is

reusability

considered?

Use of AI

technologies (if

applicable)

Digital system

for the

collection,

development,

productions, and

dissemination of

anonymised

statistical data

Article 18

Member States

can decide

which digital

solution is used

to gather these

statistics and

how they are

published.

Member States,

mainly judicial

authorities

Member States

can decide

which digital

solutions can be

used to facilitate

accessibility

Similar legislativ

e texts, such as

the

Environmental

Crime Directive

(EU) 2024/1203

also contain

such data

gathering

obligations.

Therefore,

Member States

should already

have such digital

solutions in

place.

no

Digital solution

for the

registration of

Article 17 and

Annex

Member States

can decide

which digital

Member States,

mainly law

no public

availability

The majority of

Member States

already have a

no

EN 61 EN

seized firearms solution is used

to register data

on seized

firearms.

enforcement national registry

or several ones

to gather seized

firearms and

they can

continue to use

these databases.

They might need

to adjust part of

the databases to

ensure that the

minimum

dataset is added.

For each digital solution, explain how the digital solution complies with the requirements and obligations of the EU cybersecurity

framework, and other applicable digital policies and legislative enactments (such as eIDAS, Single Digital Gateway, etc.).

Digital system for the collection, development, productions, and dissemination of anonymised statistical data

Digital and/or sectorial policy

(when these are applicable) Explanation on how it aligns

AI Act no specific alignment

EU Cybersecurity framework no specific alignment

EN 62 EN

eIDAS no specific alignment

Single Digital Gateway and IMI no specific alignment

Others

Digital solution for the registration of seized firearms

Digital and/or sectorial policy

(when these are applicable) Explanation on how it aligns

AI Act no specific alignment

EU Cybersecurity framework no specific alignment

eIDAS no specific alignment

Single Digital Gateway and IMI no specific alignment

Others

4.4. Interoperability assessment

Describe the digital public service(s) affected by the requirements

Digital public service

or category of digital

public services

Description Reference(s) to the

requirement(s)

Interoperable Europe

Solution(s)(NOT

APPLICABLE)

Other interoperability

solution(s)

Member States - law

courts

gathering statistics on all

offences included in the

initiative

Article 18 not applicable

In order to gather the

required data, there is no

clear need for

interactions between

Member States or across

EN 63 EN

EU entities. However,

there will be a need to

establish interactions

within a Member State,

in order to gather all

necessary data.

Member States - police

services

registering all seized

firearms according to

the minimum dataset

Article 17 and Annex not applicable

the gathering of seizure

data will require

coordination within a

Member State but not

cross-border. Member

States do need to ensure

that the data can be

extracted from their

system and send to

Europol, every month

Exchange of seizure data

Assessment Measures Potential remaining barriers

Assess the alignment with existing digital

and sectorial policies

Please list the applicable digital and

sectorial policies identified.

- GDPR

- Europol Regulation

- Cybersecurity

Assess the organisational measures for a

smooth cross-border digital public

services delivery

Please list the governance measures

foreseen

Europol has already acquired a database

called TRAFIC and has offered the direct

use of this database to all Member States.

However, some Member States already

have their own national seizure databases.

Europol will have to facilitate some kind of

interconnection or bulk uploading of data

coming from the national databases towards

EN 64 EN

TRAFIC

Assess the measures taken to ensure a

shared understanding of data

Please list such measures

Annex I establishes a detailed minimum

dataset which includes definitions of the

terms.

Assess the use of commonly agreed open

technical specifications and standards

Please list such measures

Annex I establishes a detailed minimum

dataset which includes definitions of the

terms.

The Digital Justice 2030 initiative

announced the creation of a toolbox of IT

tools for use in justice systems.

4.5. Measures to support digital implementation

For each measure to support digital implementation, please fill in the table below

Description of the measure Reference(s) to the

requirement(s) Commission role (if applicable)

Actors to be

involved (if

applicable)

E

x

p

e

c

t

e

d

t

i

m

e

l

EN 65 EN

i

n

e

(

i

f

a

p

p

l

i

c

a

b

l

e

)

Reporting Article 21 receiving the information +

publishing a report Member States

b

y

t

r

a

n

s

p

o

s

i

t

i

EN 66 EN

o

n

Transmitting of seizure data to

Europol

Article 17 and Article 18 and

annex not applicable Europol

b

y

t

r

a

n

s

p

o

s

i

t

i

o

n

Delegated act to amend the annex

setting out a minimum dataset for

the registration of seized firearms

Article 17(2) adopting delegated acts

European Parliament,

Council and

European

Commission

EN 67 EN

EN EN

EUROPEAN COMMISSION

Brussels, 26.2.2026

COM(2026) 102 final

ANNEX

ANNEX

to the

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL

on combating firearms trafficking and other firearms-related offences and amending

Directive (EU) 2024/1260 of the European Parliament and of the Council

EN 1 EN

Annex

Minimum dataset for registering seized firearms

1. Type

The classification of a weapon based on its most significant functional or mechanical

differences.

2. Make

The name of the manufacturer, or licensed trade name under which the weapon is

marketed, which appears as part of the weapon’s unique marking at manufacture or

import. Where the weapon bears both a corporate manufacturer name and a different

brand/trade name, the make is the primary manufacturer/brand name engraved on the

essential components.

3. Model

A specific weapon design or variant of a weapon, designated by a unique

combination of type, make, and principal characteristics that make it identical within

the same make.

4. Caliber

The nominal, commercially recognized designation for a specific cartridge and its

corresponding internal barrel dimensions, as formally standardised by the

Commission Internationale Permanente pour l'Epreuve des Armes à Feu Portatives

(C.I.P.) or equivalent recognised national bodies.

5. Serial number

A number of characters, which could include numbers and letters, engraved

physically in different essential components of a weapon to register univocally that

particular item and which serve to trace the weapon from the manufacture to the last

legal owner.

6. Criminal context

Legal justification of the seizure of a weapon or essential component related to a

criminal offence.

7. Date

Date of the seizure of the weapon or essential component.

8. Geographical context

Location of the seizure of weapon or essential component.

9. Information on traceability of the weapon (with unique weapon ID reference)

Information related to tracking of weapons and, where possible, their essential

components from manufacturer to purchaser. The unique weapon identification

reference shall be the number of characters attributed univocally to any weapon or

essential component at the moment of the recording of them in any database and

should be kept the same until the destruction of the weapon or essential component.

10. Picture

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Justiits- ja Digiministeerium /  / ; Riigikantselei /  / 2-5/26-00617

Resolutsiooni teema: Ebaseadusliku tulirelvakaubanduse tõkestamise direktiiv

Adressaat: Justiits- ja Digiministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse kohta, kaasates seejuures olulisi huvigruppe ja osapooli:

- Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council, COM(2026)102

EISi toimiku nr:26-0053 Tähtaeg: 08.05.2026

Adressaat: Kaitseministeerium, Kultuuriministeerium, Majandus- ja Kommunikatsiooniministeerium, Siseministeerium, Välisministeerium Ülesanne: Palun esitada oma sisend Justiits- ja Digiministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 27.04.2026

Lisainfo: Eelnõu on kavas arutada valitsuse 21.05.2026 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (13.05.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 08.05.2026. 

Kinnitaja: Nele Grünberg, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 19.03.2026 Resolutsiooni koostaja: Sandra Metste [email protected],  

.

27.02.2026

Ebaseadusliku tulirelvakaubanduse tõkestamise direktiiv COM(2026)102

Otsuse ettepanek koordinatsioonikogule

Kujundada seisukoht

Kaasvastutaja sisendi tähtpäev 27.04.2026

KOKi esitamise tähtpäev 13.05.2026

VV esitamise tähtpäev 21.05.2026

Peavastutaja: Justiits- ja Digiministeerium

Kaasvastutajad: Siseministeerium, Majandus- ja Kommunikatsiooniministeerium (majandus ja tööstus), Kaitseministeerium (ümber ehitatud relvad), Kultuuriministeerium (sportrelvad) ja Välisministeerium.

Seisukoha valitsusse toomise alus ja põhjendus

Algatuse vastuvõtmisega kaasneks oluline majanduslik, sotsiaalne või muu mõju (RKKTS § 152¹ lg 1 p 2);

Sisukokkuvõte

Direktiivi eelnõu eesmärk on vähendada ebaseaduslikku tulirelvakaubandust ja muid tulirelvadega seotud õigusrikkumisi. Praegu on tulirelvadega seotud kuritegude määratlemine ja nende eest karistamine liikmesriigiti väga erinev ning õigusraamistik kogu ELis killustatud.

ELi-ülesed määratlused ja karistused

Ettepanekuga kehtestatakse ühtlustatud kuriteomääratlused ja karistused muu hulgas järgmistes valdkondades: ebaseaduslike tulirelvade, tulirelva oluliste osade ja laskemoonaga kauplemine, nende valmistamine või valdamine; tulirelvi ja nende olulisi osi üheselt identifitseerivate kohustuslike märgistuste võltsimine, ebaseaduslik eemaldamine või muutmine kogu nende olelusringi jooksul; tulirelvade 3D-printimise jooniste ebaseaduslik loomine, omandamine, valdamine ja levitamine.

2

Liikmesriigid peaksid kehtestama vähemalt kaheaastase vangistuse tulirelvade 3D- kavandite loomise, omandamise, valdamise ja levitamise eest, vähemalt viieaastase vangistuse ebaseaduslike tulirelvade, nende oluliste osade või laskemoona valdamise eest ning vähemalt kaheksa-aastase vangistuse ebaseaduslike tulirelvadega kauplemise ja nende valmistamise eest.

Samuti käsitleb komisjoni ettepanek juriidiliste isikute karistusi, raskendavaid ja kergendavaid asjaolusid ning aegumistähtaegasid.

Tugevam piiriülene koostöö ning parem andmekogumine

Ettepanek paneb liikmesriikidele kohustuse luua riiklik tulirelvade teabekeskus, mis peaks muu hulgas koguma andmeid, mis on vajalikud korrapärase ohupildi loomiseks ja koostööks rahvusvahelistel foorumitel.

Tulirelvade kohta andmete kogumine ja standardimine hõlmab minimaalset andmekogumit konfiskeeritud tulirelvade registreerimiseks (sisaldab põhiteavet, nagu tulirelva mudel ja tüüp). See võimaldab paremini hinnata ebaseadusliku tulirelvakaubanduse ulatust ja mahtu ELis.

Liikmesriigid peaksid koguma ka olemasolevaid statistilisi andmeid tulirelvadega seotud õigusrikkumiste kohta ja jagama neid iga viie aasta järel komisjoniga. See hõlmab andmeid kuritegude raames konfiskeeritud tulirelvade arvu kohta, samuti statistikat uurimiste, süüdistuste esitamise, süüdimõistvate kohtuotsuste, lõpetatud kriminaalasjade, seotud juriidiliste isikute arvu ning määratud karistuste taseme ja liigi kohta. See suurendaks võrreldavate andmete kättesaadavust kõigis liikmesriikides ning võimaldaks täpsustada olukorrapilti, parandada seiret ja suurendada üldsuse teadlikkust.

Kas EL algatus reguleerib karistusi või haldustrahve? Jah

Kas nähakse ette uue asutuse loomine (järelevalvelised või muud asutused)? Ei (riikliku tulirelvade teabekeskuse funktsiooni saab täita PPA)

Kas lahenduse rakendamine vajab IT-arendusi? Vajab analüüsi (andmete kogumine ja standardimine hõlmab minimaalset andmekogumit konfiskeeritud tulirelvade registreerimiseks)

Eesmärgid

Direktiivi eelnõu eesmärk on vähendada ebaseaduslikku tulirelvakaubandust ja muid tulirelvadega seotud õigusrikkumisi. Ettepanekuga kehtestatakse kogu ELi hõlmav raamistik, mis sisaldab tulirelvadega seotud süütegude ja karistuste ühiseid määratlusi;

3

suurendatakse koostööd liikmesriikide vahel; parandatakse andmekogumist ja nende kasutamist; kõrvaldatakse puudused, mis võimaldavad 3D-printimise väärkasutamist ebaseaduslikuks relvatootmiseks.

Mõju ja sihtrühm

Ettepanek omab positiivset mõju EL siseturvalisusele. Ettepanek puudutab üksnes ebaseaduslike tulirelvadega seotud tahtlikku tegevust ega piira seaduslike relvakaupmeeste, ettevõtete ja kodanike tegutsemisvabadust. JDM ja SIM valitsemisala asutuste töökoormus võib kasvada uuritavate kuritegude arvu suurenemisel ja EL-ülese teabevahetuse laienemisel (vajab täpsemat analüüsi).

Kaasamine

Kaasata tehnoloogia arendajaid ning tulirelvade tootjaid ja müüjaid ning vajadusel ka seaduslike tulirelvade kasutajate esindajaid, kellele võib olla kaudseid mõjusid.

Märkused

Eesti seisukohad ebaseaduslike tulirelvade, nende oluliste osade ja laskemoonaga seotud kuritegude ja karistuste määratlemise direktiivi puudutava avaliku konsultatsiooni kohta kinnitati VV 5. detsembri 2024. a istungil.

Seisukohad:

1.1 Eesti toetab Euroopa Liidus (edaspidi EL) tulirelvade ebaseadusliku käitlemisega seonduvate kuriteokoosseisude ühtlustamist, kuna see aitab kaasa siseturvalisuse tagamisele kogu ELi territooriumil ning võimaldab õiguslike takistusteta koostööd tulirelvadega seotud piiriüleste süütegude menetlemisel. 1.2 Toetame ELis tulirelvade ebaseadusliku käitlemisega seotud süütegude eest ette nähtud karistustele miinimummäärade kehtestamist, kuna neil on üld- ja eripreventiivne mõju ning need aitavad tõhustada kuritegude ennetamist ja tõkestamist. 1.3 Toetame ELis tulirelvade ebaseadusliku käitlemisega seotud süütegude eest ette nähtud karistustele kergendavate ning raskendavate asjaolude kehtestamist. Peame aga oluliseks, et selline loetelu on piisavalt paindlik selleks, et sobituda liikmesriikide erinevate õigussüsteemidega, ja vältida tuleb ülereguleerimist. 1.4 Peame vajalikuks ELi tasandil kriminaliseerida mittesurmava laskemoona surmavaks laskemoonaks ümberehitamine ja kehtestada selle eest ette nähtud karistuste miinimummäärad. 1.5 Peame lisaks karistusõiguse ühtlustamisele vajalikuks tõhustada veelgi relvadega seonduvat ELi ülest regulatsiooni. Eelkõige on vajalikud ühtsemad nõuded ja järelevalve seadmete ja relvade üle, mida on võimalik hõlpsasti käepäraste vahenditega tulirelvaks muuta (nt hoiatus- ja signaalrelvad, pneumorelvad), ning lõpuni töötlemata tulirelvade, nende lõpuni töötlemata oluliste osade ja lisaseadmete üle. Kaaluda võiks sellistele relvadele ELi üleselt registreerimis- või loakohustuse sätestamist. Samuti peame

4

vajalikuks tõhustada kontrolli relvade ja laskemoona ELi-sisese veo üle. Peame vajalikuks ELi tasandil mõjuanalüüside algatamist vastavate lahenduste kohta.