Summary:

The evaluation of Directive 91/477/EEC on control of the acquisition and possession of weapons (firearms Directive) concluded that the firearms Directive has positively contributed to the functioning of the internal market and minimised the risks associated with the civilian firearms market. Legislation at EU level has also contributed to the creation of an EU identity for all producers, dealers and brokers operating within the sector that currently share common requirements and standards. The directive sets however, only minimum requirements. This resulted in important differences in Member States’ implementation of the directive (in particular regarding marking, deactivation, convertibility of alarm weapons). These differences have been identified by the study as sources of security or market concerns.

On this basis, on 18 November 2015, the European Commission adopted a package of measures to strengthen rules for the acquisition and possession in the EU, address loopholes to prevent criminal use of legal firearms and better track legally held firearms, strengthen co-operation between Member States and ensure that deactivated firearms are rendered inoperable. Negotiations of the Commission's proposal for a revision of the firearms Directive (91/477/EEC) with the European Parliament and the Council have been finalised and the revised directive was adopted on 17 May 2017 (Directive (EU) 2017/853). The final text retains a majority of the provisions that the Commission originally proposed, such as the ban of automatic firearms transformed into semi-automatic firearms, the inclusion of collectors and museums in the scope of the directive, the regulation of alarm and acoustic weapons, the regulation of Internet sales, the regulation of deactivated weapons and more exchange of information between Member States.

Subsequently, in line with what was required by the revised firearms Directive, an implementing directive on technical specifications for marking (Directive (EU) 2019/68) and technical specifications on alarm and signal weapons (Directive (EU) 2019/69) were adopted in January 2019. A delegated regulation was also adopted at the same time on the setting up of an electronic system for the exchange of information on transfers of firearms within the Union (Regulation (EU) 2019/686). On 21 May 2021 the Commission adopted Delegated Regulation (EU) 2021/1423 on the refusals to grant authorisations to acquire or possess certain firearms.

Estimated savings and benefits

Due to the limited availability of data, the costs and benefits could not be quantified and their analysis is mainly qualitative.

In terms of efficiency, the overall results have been achieved at reasonable costs. The directive does not prescribe any major investment. Costs related to the implementation of different provisions serve various objectives and are distributed fairly among interested stakeholders. The administrative burden and costs perceived by stakeholders are more linked to the different and sometimes inefficient administrative procedures implementing the directive at national level rather than to the Directive itself.

Evidence gathered throughout the study highlights how firearms represent a very complex sector, historically regulated at national level. The added value of the Directive lies in the common regulatory framework for firearms regulation that would not have been achieved through national or bilateral interventions.

Moreover, it was deemed that any minimal costs that may have been associated with the revised Directive would be offset by the main goal of the revision, which is to improve security for EU citizens.

The application report of the directive published on 27 October 2021 (COM (2021)647) concluded that, due to the late and/or incorrect transposition of the directive by several Member States, “the benefits of the Directive cannot be exploited to the fullest”.