Ja es stimmt, dass das keine offizielle Version ist, aber IMHO das aktuellste, zu dem wir Zugang haben. Der Text deckt sich auch mit dem, was Vicky Ford gepostet bzw. in ihrer Stellungnahme verlautbart hat. Tatsache ist, dass Repetierer NIE Thema der Richtlinie waren, auch wenn es sicher Leute gibt, die auch diese beschränken möchten.
Ich find's echt faszinierend, was sich manche auf den letzten Seiten alles zusammenreimen.
@hasgunz Jetzt solls auf einmal darauf ankommen, ob das Mag fest oder abnehmbar ist? Wo hast du das wieder her?
Für Alle, die das Doc ebenfalls nicht öffnen können, ein Auszug: (wichtigstes fett markiert)
Article 6
1. Without prejudice to Article 2(2), Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms, the essential components thereof and the ammunition listed in category A in Annex I. They shall ensure that those firearms, essential components and ammunition unlawfully held in contravention of that prohibition are seized.
2. For the protection of the security of critical infrastructure, commercial shipping, high-value convoys and sensitive premises, as well as for national defence, educational, cultural, research and historical purposes and without prejudice to paragraph 1, the competent authorities may grant in individual (…) cases, exceptionally and duly reasoned, authorisations for such firearms, essential components and ammunition where this is not contrary to public security or public order.
2a. Member States may choose to grant in individual special cases, exceptionally and duly reasoned, authorisations to collectors to acquire and possess firearms, essential components thereof and ammunition from category A subject to strict conditions on security, including demonstration to the competent national authorities that measures are in place to address any risks to public security or public order and that the firearms, essential components or ammunition concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such items.
Member States shall ensure that those collectors authorised under the first subparagraph are identifiable within the data-filing system referred to in Article 4. Such authorised collectors shall be required to maintain a register of all firearms in their possession classified in Category A, which shall be accessible to the competent national authorities. Member States shall
establish an appropriate monitoring system with respect to such authorised collectors, taking all relevant factors into account.
3. Member States may authorise dealers or brokers, in their respective professional capacities, as defined under this Directive to acquire, manufacture, deactivate, repair, supply, transfer and possess firearms, essential components thereof and ammunition from category A subject to strict conditions on security.
3a. Member States may authorise museums to acquire and possess firearms, essential components thereof and ammunition from category A and B subject to strict conditions on security.
3b. (...)
3c. Member States may authorise target shooters to acquire and possess semi-automatic firearms classified in categories A.6 and A.7 of Annex I, subject to the following conditions:
a) a satisfactory (…) assessment of relevant information arising from the application of provisions set out in Article 5(2);
b) b) provision of proof that the target shooter is actively practising for or participating in shooting competitions recognised by an official shooting sport organisation of that Member State or by an internationally established and officially recognised shooting sport federation; and
c) a certificate from an officially recognized shooting sport organisation confirming that:
i. the target shooter is a member of a shooting club and, has been regularly practising target shooting in it for at least twelve months, and
ii. the firearm fulfils the specifications required for a shooting discipline recognised by an internationally established and officially recognised shooting sport federation.
d) As regards firearms classified in category A6, Member States applying a military system based on general conscription and having in place over the last fifty years a system of transfer of military firearms to persons leaving the army after fulfilling their military duties may grant an authorisation to such persons in their quality as target shooter, to keep one firearm used during the mandatory military period. These firearms shall be transformed into semi-automatic firearms by the public authority which shall periodically check that the persons using such firearms do not
represent a risk for public security. The provisions under a), b) and c) shall apply.
3d. Authorisations under this Article shall be reviewed periodically at intervals not exceeding five years.
(7) (…)
(7a) In Article 7, the following subparagraph is added to paragraph 4, after point c):
"The (...) authorisation for possession of a firearm shall be reviewed periodically, at intervals not exceeding five years. The authorisation may be renewed or prolonged if the conditions on the basis of which it was granted are still fulfilled."
(7b) In Article 7, the following paragraph is added after paragraph 4:
"4a. Member States may decide to confirm authorisations for semi-automatic firearms classified in point 6, 7 or 8 of category A for a firearm which was classified in category B set out in Annex I of the Directive, as amended by Directive 2008/51/EC, and legally acquired and registered before [date of entry into force], and to renew or prolong those authorisations, subject to the other conditions laid down in this Directive, and may also allow such firearms to be acquired by other persons authorised by Member States in accordance with this amending Directive."
(7bb) Article 8, paragraph 3 is amended as follows:
"If a Member State prohibits or makes subject to authorisation the acquisition and possession within its territory of a firearm classified in category B or C (...), it shall inform the other Member States, which shall expressly include a statement to that effect on any European firearms pass they issue for such a firearm, pursuant to Article 12(2)."
(7c) Article 10 is replaced by the following:
1. The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition (…) is intended.
The acquisition of loading devices for semi-automatic centre-fire firearms which can hold more than 20 rounds or more than 10 rounds for long firearms shall only be permitted for those persons who are granted an authorisation under Article 6 or Article 7(4a).
2. Brokers and dealers may refuse to complete any transaction for the acquisition of complete rounds of ammunition, or components of ammunition, which they
reasonably consider suspicious owing to its nature or scale and shall report any such attempted transaction to the competent authorities.
(8) The following Articles 10a and 10b are inserted:
"Article 10a
1. Member States shall take measures to ensure that devices with a cartridge holder designed to only fire blanks, irritants, other active substances or pyrotechnic signalling rounds (…) are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant.
2. Member States shall classify as firearms devices with a cartridge holder designed to only fire blanks, irritants, other active substances or pyrotechnic signalling rounds which are capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant.
3. The Commission shall adopt technical specifications for alarm and signal weapons manufactured or imported into the Union on or after [insert date of Article 2(1]) to ensure they cannot be converted to expel a shot, bullet or projectile by the action of a combustible propellant. The Commission shall adopt the first such implementing act by [insert date of Article 2(1)].
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2).
(…)
Article 10b
1. Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render all its essential components permanently inoperable and incapable of removal, replacement or modification in a manner that would permit the firearm to be reactivated in any way. Member States shall, in the context of that verification, provide for the issuance of a certificate and record attesting to the deactivation of the firearm and the apposition of a clearly visible mark to that effect on the firearm.
2. The Commission shall adopt deactivation standards and techniques to ensure that all essential components of a firearm are rendered permanently inoperable and incapable of removal, replacement or modification in a manner that would permit the firearm to be reactivated in any way. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2).
3. Those implementing acts shall not apply to firearms deactivated prior to their date of application, unless those firearms are transferred to another Member State or placed on the market subsequent to that date.
4. Member States may notify to the Commission within two months [after the entry into force of this directive] their national standards and techniques applied before 8 April 2016 and justify for which reasons those national standards and techniques are equivalent to the ones set out in Commission implementing regulation EU 2015/2403 as applicable on 8 April 2016.
5. When Member States notify in accordance with paragraph 4, the Commission shall, at the latest 12 months after notification, adopt implementing acts deciding whether those national standards and techniques ensured that firearms were deactivated with a level of security equivalent to the standards and techniques set out in Commission Implementing Regulation EU 2015/2403 as applicable on 8 April 2016. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b(2).
6. Until the date of application of those implementing acts, any firearm deactivated in accordance with national standards and techniques applied before 8 April 2016 placed on the marked or transferred to another Member State shall comply with the standards and techniques set out in Commission Implementing Regulation EU 2015/2403.
7. Firearms deactivated in accordance with national standards and techniques before 8 April 2016 that have been found to be equivalent to the standards and techniques set out in Commission Implementing Regulation EU 2015/2403 as applicable on 8 April 2016 shall be considered to be deactivated firearms also where they are transferred to another Member State or placed on the market after the date of application of those implementing acts.
(9) In Article 11, paragraph 1 is amended as follows:
Article 11
1. Firearms may, without prejudice to Article 12, be transferred from one Member State to another only in accordance with the procedure laid down in the following paragraphs. These provisions shall also apply to transfers of firearms following a sale by means of ‘distance contracts’ within the meaning of point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council.
(8g) In Article 12(2), the first subparagraph is replaced by the following:
Notwithstanding paragraph 1, hunters and historical re-enactors, in respect of category C and target shooters, in respect of categories B and C and firearms of category A for which an authorisation has been granted exceptionally under Article 6(3c) or for which the authorisation has been renewed under Article 7(4a), may, without prior authorisation, be in possession of one or more firearms during a journey through two or more Member States with a view to engaging in their activities, provided that they are in possession of a European firearms pass listing
such firearm or firearms and provided that they are able to substantiate the reasons for their journey, in particular by producing an invitation or other proof of their hunting, target shooting or historical re-enactment activities in the Member State of destination.
(8h) In Article 12(2), the third subparagraph is replaced by the following:
However, this derogation shall not apply to journeys to a Member State which prohibits the acquisition and possession of the firearm in question or which, pursuant to Article 8(3), makes it subject to authorization; in that case, an express statement to that effect shall be entered on the European firearms pass. Member States may also refuse the application of this derogation in the case of prohibited firearms for which an exceptional authorisation has been granted under Article 6(3c) or for which the authorisation has been renewed under Article 7(4a).
(10) In Article 13, the following paragraphs 4 and 5 are added:
"4. The competent authorities of the Member States shall exchange by electronic means information on the authorisations granted for the transfer of firearms to another Member State and information with regard to refusals to grant authorisations as defined in Article 7 on grounds of security or relating to reliability of the person concerned.
5. The Commission shall provide for a system for the exchange of information mentioned in this Article. The Commission shall adopt and bring into force by the date referred to in Article 2, paragraph 1 delegated acts in accordance with Article 13a therefor and concerning the detailed arrangements for the systematic exchange of information by electronic means."
(11) Article 13a is replaced by the following:
"Article 13a
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 13(5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this amending Directive].
3. The delegation of power referred to in Article 13(5) 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.
3a. 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.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 13(5) 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.
(12) Article 13b is inserted:
"Article 13b
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(*).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
____________________________________________________________________
(*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)."
(13) Article 17 is replaced by the following:
"Article 17
The Commission shall every five years submit to the European Parliament and the Council a report on the application of this Directive, including a fitness check of its provisions, accompanied, if appropriate, by proposals concerning, in particular, the categories of firearms in Annex I and issues related to the implementation of the system for the European firearms pass, to marking and to new technologies such as impacts of 3D printing, the use of QR code and the use of Radio Frequency
Identification (RFID). The first such report shall be submitted by ... [two years after [insert date of Art 2(1)]."
(14) (...) Annex I to Directive 91/477/EC (...) part II is amended as follows:
(-a) the introductory part is replaced by the following:
"For the purposes of this Directive, firearms are classified in the following categories:
(a) point A is amended as follows:
(-i) the introductory part is deleted;
(i) In Category A, the following points are added:
"6. Automatic firearms which have been converted into semi-automatic firearms. without prejudice to Article 7(4a);
7. Any of the following semi-automatic centre-fire firearms:
a) short firearms which allow the firing of more than 21 rounds without reloading, if a loading device with a capacity exceeding 20 rounds is part of the firearm or a detachable loading device with a capacity exceeding 20 rounds is inserted into it;
b) long firearms which allow the firing of more than 11 rounds without reloading, if a loading device with a capacity exceeding 10 rounds is part of the firearm or a detachable loading device with a capacity exceeding 10 rounds is inserted into it;
8. Semi-automatic long firearms (i.e. firearms that are originally intended to be fired from the shoulder) that can be reduced to a length of less than 60cm without losing functionality by means of a folding or telescoping stock or by a stock that can be removed without using tools.
8a. Any firearm classified in this category after it has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon.
a)
(ii) in category B — Firearms subject to authorization
1. (…) Repeating short firearms.
2. Single-shot short firearms with centre-fire percussion.
3. Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm.
4. Semi-automatic long firearms whose loading device and chamber can together hold more than three rounds in the case of rimfire firearms and more than three but fewer than twelve rounds in the case of centrefire firearms.
4a. Semi-automatic short firearms other than those listed under point 7 a) of category A.
5. Semi-automatic long firearms whose loading device and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose loading device and chamber can together hold more than three rounds listed under point 7 b) of category A.
6. Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length.
6c. Any firearm classified in this category after it has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon.
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms other than those listed under point 6, 7 or 8 of category A.
(iii) in category C — Firearms and weapons subject to declaration
1. Repeating long firearms other than those listed in category B, point 6.
2. Long firearms with single-shot rifled barrels.
3. Semi-automatic long firearms other than those listed in category A or B.
4. Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm.
5. (…) Any firearm classified in this category after it has been converted to firing blanks, irritants, other active substances or pyrotechnic rounds or into a salute or acoustic weapon;
6. Firearms from categories A, B and C that have been deactivated in accordance with Regulation (EU) 2015/2403 on deactivation.
7. Single-shot long firearms with smooth-bore barrels, placed on the market after the date by which Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with other provisions of this Directive than the ones in Article 4(3) and Article 4(4).
(…) category D and the text contained therein are deleted.
(b) (…) point B and the (…) text thereof are deleted.
(…)."