European Commission: Home Affairs

Control of firearms trafficking is crucial in the fight against insecurity and criminality. Several EU-level measures have been adopted to complement EU States' initiatives to reinforce controls on the legal sale and holding of firearms in the EU. The aim is to properly monitor the movement of firearms within the EU and to develop cooperation between national administrations in charge of controls.

More effective controls on and tracing of firearms

Firearms and related items should not be transferred between EU States without the knowledge and consent of all the States involved. To give EU law enforcement authorities better tools to combat illicit arms trafficking, the EU adopted strong rules for exports and imports of firearms.

Exports of firearms will be subject to export authorisations that must contain the necessary information for tracing the firearms, including the country of origin and of export, the consignee and the final recipient, as well as a description of the quantity of the firearms, their parts, components and ammunition. This is a specific requirement of the UN Firearms Protocol (Article 10).

The legislation does not apply to firearms intended for military purposes. Furthermore, it does only concern trade and transfers of firearms with non-EU countries. Transfers of firearms within the Union are regulated by the Directive on the control of the acquisition and possession of weapons (Council Directive 91/477/EEC, as amended by Directive 2008/51/EC) (more information on DG Enterprise and Industry website).

The UN Firearms Protocol (UNFP)

One of the main objectives of the Commission’s current policy on firearms is to complete the process of transposition into EU legislation of all the provisions of the UN Protocol Against the Illicit Manufacturing of and Illegal Trafficking in Firearms and Ammunition (UNFP).

This Protocol is an international instrument of "mixed" competence between the EU and its States. It entered into force on 3 July 2005. Thus far, 18 EU States have signed the Protocol (AT, BE, BG, CY, DE, DK, EE, EL, FI, IT, LT, LU, PL, PT, SK, SI, SE, UK), but only 13 are contracting parties (BE, BG, CY, EE, ES, IT, LT, LV, NL, PL, RO, SK, SI; see status of ratification).

The Commission negotiated and signed the UNFP on behalf of the EU in 2002. The ratification of the Protocol by the Union is still pending. Only when all the provisions of the Protocol that fall under the Union's competence have been fully transposed into EU legislation will the Commission be able to prepare its proposal for the conclusion of the UNFP.

Firearms and the Common Foreign & Security Policy (CFSP)

The excessive accumulation and uncontrolled spread of small arms and light weapons (SALW) contribute to organised crime. SALW also have a negative impact on the security of many countries, threatening their transitions towards economic, developmental and political stability. The various problems caused by the spread of illicit SALW have led the EU to recognise their destabilising effect on regional and national security. Therefore, the EU remains committed to the establishment of an international instrument on arms trading.

The EU has taken several initiatives in the framework of its Common Foreign and Security Policy. They include, for example, a Code of Conduct for exporting conventional weapons, a Common Position on arms brokering and an EU Strategy to combat illicit accumulation and trafficking of SALW. The purpose of the SALW Strategy is to contribute to an integrated, coherent and visible EU action against the accumulation and spread of such arms and weapons. The political aim is to implement and strengthen the United Nation Programme of Action on Small Arms and Light Weapons (UNPoA).

Law enforcement cooperation

The EU is currently working to enhance cooperation in the field of firearms trafficking. For instance, a 2010 European Action Plan sets out a number of actions and indicators to combat illegal trafficking in so called "heavy" firearms which could be used or are used in criminal activities. International cooperation is mainly based on instruments such as the Schengen Convention, the Naples II Convention and the Convention on Mutual Assistance in Criminal Matters.

Access to relevant information is paramount. Important instruments for EU States include the Customs Information System (CIS) and the Schengen Information System (SIS) and its database on stolen firearms.

At the operational level, the informal European Firearms Experts group (EFE) provides expertise in the field of illicit trafficking in firearms. This expert group is in charge of the EU Firearms Threat Assessment, which focuses on issues such as international firearms trafficking and distribution within EU States, the criminal use of firearms and the response by law enforcement authorities across the EU.