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Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance)
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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons(1), and in particular the second paragraph of Part III of Annex I thereof,
Whereas:
(1) In accordance with Article 4 of Directive 91/477/EEC, Member States are to ensure either that any firearm or part of a firearm placed on the market has been marked and registered in compliance with that Directive, or that it has been deactivated.
(2) In accordance with Annex I, Part III, first paragraph, point (a), of Directive 91/477/EEC, objects which correspond to the definition of a ‘firearm’ are not to be included in that definition if they have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
(3) Annex I, Part III, second paragraph, of Directive 91/477/EEC requires Member States to make arrangements for the deactivation measures to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States are also requested to provide for issuance of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm.
(4) The Union is a Party to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime (‘the Protocol’), concluded by Council Decision 2014/164/EU(2).
(5) Article 9 of the Protocol lists the common general principles of deactivation that Parties have to comply with.
(6) The standards and techniques for the irreversible deactivation of firearms laid down in this Regulation have been established with the technical expertise of the ‘Permanent International Commission for firearms testing’ (CIP). The CIP has been set up to verify the activities of national firearms proof houses and, in particular, to guarantee the presence in each country of laws and regulations to assure the efficient and uniform testing of firearms and ammunition.
(7) To ensure the highest level of security possible for the deactivation of firearms, the Commission should regularly review and update technical specifications laid down in this Regulation. To this effect, the Commission should take into account the experience acquired by the Member States when applying any additional deactivation measures.
(8) This Regulation is without prejudice to Article 3 of Directive 91/477/EEC.
(9) Taking into account the risk as regards the security, firearms deactivated prior to the date of application of this Regulation and which are placed on the market, including transmission for free, exchange or barter, or transferred to another Member State after that date should be subject to the provisions of this Regulation.
(10) Member States should have the possibility to introduce measures additional to the technical specifications set out in Annex I to deactivate firearms in their territory provided they have taken all necessary measures to apply the common deactivation standards and techniques provided for by this Regulation.
(11) In order to provide a possibility for the Member States to ensure the same level of security within their territory, Member States which introduce additional measures to deactivate firearms in their territory in accordance with the provisions of this Regulation should be allowed to require proof that deactivated firearms to be transferred to their territory comply with those additional measures.
(12) In order for the Commission to be able to take into account developments and best practices in the Member States in the field of firearms deactivation when reviewing this Regulation, Member States should notify to the Commission the relevant measures they adopt in the field covered by this Regulation and any additional measures they introduce. For that purpose, the notification procedures of Directive (EU) 2015/1535 of the European Parliament and of the Council(3) should apply.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Directive 91/477/EEC,
HAS ADOPTED THIS REGULATION:
[F11.This Regulation shall apply to firearms of all categories listed in Part II of Annex I to Directive 91/477/EEC.]
2.This Regulation shall not apply to firearms deactivated prior to [F28 April 2016], unless those firearms are transferred [F3outside of the United Kingdom] or placed on the market.
Textual Amendments
F1Substituted by Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance).
F2Words in Art. 1(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Deactivation of firearms shall be carried out by public or private entities or by individuals authorised to do so in accordance with national legislation.
[F11.[F4The appropriate authority] shall designate a competent public authority to verify that the deactivation of the firearm has been carried out in accordance with the technical specifications set out in Annex I (‘the verifying entity’).]
2.Where the verifying entity is also authorised to deactivate firearms, [F5the appropriate authority] shall ensure a clear separation of those tasks and of the persons carrying them out within that entity.
F63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.Where the deactivation of the firearm has been carried out in accordance with the technical specifications set out in Annex I, the verifying entity shall issue to the owner of the firearm [F7certification in writing in accordance with the relevant legislation]. F8...
5.The owner of a deactivated firearm shall retain the deactivation certificate at all times. If the deactivated firearm is placed on the market, it shall be accompanied by the deactivation certificate.
6.[F9The appropriate authority] shall ensure that a record is kept of the certificates issued for deactivated firearms, with an indication of the date of deactivation and the certificate number, for a period of at least 20 years.
[F107.In this Article—
“the appropriate authority” means, the Secretary of State;
“the relevant legislation” means, section 8(b) of the Firearms (Amendment) Act 1988.]
Textual Amendments
F1Substituted by Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance).
F4Words in Art. 3(1) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 3(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 3(3) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 3(4) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 3(4) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 3(6) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(e); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 3(7) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(3)(f) (as amended by S.I. 2020/1371, regs. 1, 4(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F11Art. 4 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(4); 2020 c. 1, Sch. 5 para. 1(1)
[F121.]Deactivated firearms shall be marked with a common unique marking in accordance with [F13the relevant legislation] to indicate that they have been deactivated in accordance with the technical specifications set out in Annex I. The marking shall be affixed by the verifying entity to all essential components modified for the deactivation of the firearm and shall fulfil the following criteria:
it is clearly visible and irremovable;
F14...
the original serial number(s) of the firearm are maintained.]
2.[F15In this Article, “the relevant legislation” means, section 8(a) of the Firearms (Amendment) Act 1988.]
Textual Amendments
F1Substituted by Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance).
F12Art. 5 renumbered as Art. 5(1) (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 5(1) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 5(1)(b) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F15Art. 5(2) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(5)(d) (as amended by S.I. 2020/1371, regs. 1, 4(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F16Art. 6 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(6); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F17Art. 7 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(7); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F18Art. 8 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(8); 2020 c. 1, Sch. 5 para. 1(1)
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 8 April 2016.
F19...
Textual Amendments
F19Words in Signature omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(9); 2020 c. 1, Sch. 5 para. 1(1)
The deactivation operations to be performed in order to render firearms irreversibly inoperable are defined on the basis of three tables:
Table I lists the different types of firearms,
Table II sets out the general principles to be followed when rendering firearms irreversibly inoperable,
Table III describes the specific operations per type of firearm to be performed to render the firearms irreversibly inoperable.
The technical specifications for the deactivation of firearms should prevent the reactivation of firearms with the use of ordinary tools.
The technical specifications for the deactivation of firearms focus on the deactivation of essential components of firearms F20.... The technical specifications for the deactivation of firearms set out in Annex I also apply to the deactivation of exchange barrels which, being separate objects, are technically linked with and intended to be mounted on the firearm to be deactivated.
F21...
Textual Amendments
F20Words in Annex 1 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Annex 1 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
Types of Firearms | |
---|---|
1 | Pistols (single shot, semi-automatic) |
2 | Revolvers (including cylinder loading revolvers) |
3 | Single-shot long firearms (not break action) |
4 | Break action firearms (e.g. smoothbore, rifled, combination, falling/rolling block action, short and long firearms) |
5 | Repeating long firearms (smoothbore, rifled) |
6 | Semi-automatic long firearms (smoothbore, rifled) |
7 | Automatic firearms: e.g. assault rifles, (sub)machine guns, automatic pistols |
8 | Muzzle loading firearms including break action (except cylinder loading revolvers) |
Prevent the disassembly of the firearms essential components by welding, bonding or by using appropriate measures with the equivalent degree of permanence.
Depending on national laws, this process can be performed after the checking of the National Authority.
Hardness of inserts: Deactivating entity has to ensure that pins/plugs/rods used have a hardness of at least 40 HRC and that material used for welding ensures a permanent and effective bond.
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Textual Amendments
F22Annex 2 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(11); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F23Annex 3 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 58(12); 2020 c. 1, Sch. 5 para. 1(1)
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).
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
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