Citation(s) from the GunPolicy.org literature library

European Parliament. 2021 ‘Articles 17.’ 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 (codification); Chapter 3 (Arts. 16-18). Brussels: European Union. 24 March

Relevant contents

Article 17

1. If the procedure provided for in Article 16 is not used, the possession of a firearm during a journey through two or
more Member States shall not be permitted unless the person concerned has obtained the authorisation of each of those Member States.

Member States may grant such authorisation for one or more journeys for a maximum period of one year, subject to
renewal. Such authorisations shall be entered on the European firearms pass, which the traveller shall produce whenever so required by the authorities of the Member States.

2. Notwithstanding paragraph 1, hunters and historical re-enactors, in respect of firearms classified in category C, and
target shooters, in respect of firearms classified in category B or C and of firearms classified in category A for which an
authorisation has been granted under Article 9(6) or for which the authorisation has been confirmed, renewed or
prolonged under Article 10(5), may, without the prior authorisation referred to in Article 16(2), 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:
(a) they are in possession of a European firearms pass listing such firearm or firearms; and
(b) they are able to substantiate the reasons for their journey, in particular by producing an invitation for, or other proof of, their hunting, target shooting or historical re-enactment activities in the Member State of destination.

Member States may not make acceptance of a European firearms pass conditional upon the payment of any fee or charge.

However, the derogation referred to in the first subparagraph of this paragraph shall not apply to journeys to a Member
State that, pursuant to Article 11(3), either prohibits the acquisition and possession of the firearm in question or makes it subject to authorisation. 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 firearms classified in category A for which an authorisation has been granted under Article 9(6) or for which the authorisation has been confirmed, renewed or prolonged under Article 10(5).

Article 18

1. Each Member State shall communicate all useful information at its disposal concerning definitive transfers of firearms to the Member State to the territory of which such a transfer has been effected.

2. All information that Member States receive by way of the procedures laid down in Article 16 for transfers of firearms,
and in Article 10(2) and Article 11(2) for the acquisition and possession of firearms by non-residents, shall be
communicated, not later than at the time of the relevant transfers, to the Member States of destination and, where
appropriate, not later than at the time of transfer to the Member States of transit.

3. For the purposes of the efficient application of this Directive, Member States shall exchange information on a regular
basis within the contact group established by Article 13(3) of Directive 91/477/EEC. Member States shall inform each other and the Commission of the national authorities responsible for transmitting and receiving information and for complying with the obligations set out in Article 16(4) of this Directive.

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 provided for in Articles 9 and 10, on grounds of security or relating to the reliability of the person concerned.

5. The Commission shall provide for a system for the exchange of information referred to in this Article.
The Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the detailed arrangements for the systematic exchange of information by electronic means.

ID: Q14636

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