| Dokumendiregister | Kaitseministeerium |
| Viit | 5-7/26/35 |
| Registreeritud | 19.03.2026 |
| Sünkroonitud | 20.03.2026 |
| Liik | Sissetulev kiri |
| Funktsioon | - - |
| Sari | - - |
| Toimik | - - |
| Juurdepääsupiirang | Avalik |
| Juurdepääsupiirang | |
| Adressaat | Riigikantselei |
| Saabumis/saatmisviis | Riigikantselei |
| Vastutaja | |
| Originaal | Ava uues aknas |
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.
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}
EN 1 EN
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
EN 2 EN
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.
EN 3 EN
• 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
EN 4 EN
• 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.
EN 5 EN
• 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
EN 6 EN
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.
EN 15 EN
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.
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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
Eelnõude infosüsteemis (EIS) on antud täitmiseks ülesanne. Eelnõu toimik: 3.1.1/26-0053 - COM(2026) 102 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 Arvamuse andmine eelnõu kohta Justiits- ja Digiministeeriumile vastavalt Riigikantselei 19.03.2026 resolutsioonile. Osapooled: Majandus- ja Kommunikatsiooniministeerium; Kultuuriministeerium; Kaitseministeerium; Siseministeerium; Välisministeerium Tähtaeg: 27.04.2026 23:59 Link eelnõu toimiku vaatele: https://eelnoud.valitsus.ee/main/mount/docList/1b4044e5-d99e-4dea-a91e-a063541eba32 Link menetlusetapile: https://eelnoud.valitsus.ee/main/mount/docList/1b4044e5-d99e-4dea-a91e-a063541eba32?activity=2 Eelnõude infosüsteem (EIS) https://eelnoud.valitsus.ee/main