Regulation (EU) No 258/2012 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER I U.K. SUBJECT, DEFINITIONS AND SCOPE

Article 1 U.K.

This Regulation lays down rules governing export authorisation, and import and transit measures for firearms, their parts and essential components and ammunition, for the purpose of implementing Article 10 of the United Nations 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 ‘UN Firearms Protocol’).

Article 2 U.K.

For the purposes of this Regulation:

(1)

‘firearm’ means any portable barrelled weapon that expels, is designed to expel or may be converted to expel, a shot, bullet or projectile by the action of a combustible propellant as referred to in Annex I.

An object is considered as capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant if:

• it has the appearance of a firearm, and

• as a result of its construction or the material from which it is made, it can be so converted;

(2)

‘parts’ means any element or replacement element as referred to in Annex I specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;

(3)

‘essential components’ means the breech-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted;

(4)

‘ammunition’ means the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in a firearm, as referred to in Annex I, provided that those components are themselves subject to authorisation in the [F1 United Kingdom];

(5)

‘deactivated firearms’ means objects otherwise corresponding to the definition of a firearm which 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 modification that would permit the firearm to be reactivated in any way.

[F2 The Secretary of State] shall make arrangements for these deactivation measures to be verified F3 .... [F2 The Secretary of State] shall, in the context of that verification, provide for the issue 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;

(6)

[F4 “export” means any departure of goods from the United Kingdom, including shipment as stores, to a destination outside of the United Kingdom or the Isle of Man;]

(7)

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

‘exporter’ means any person, [F6 resident or] established in the [F7 United Kingdom], who makes or on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the [F8 United Kingdom to a destination outside of the United Kingdom and the Isle of Man. If no export declaration has been made, the exporter is the person who holds the contract with the consignee in the third country and has power for determining the sending of the item out of the United Kingdom to a destination outside of the United Kingdom and the Isle of Man.] If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter shall mean the person who has the power for determining the sending of the item out of the [F9 United Kingdom to a destination outside of the United Kingdom and the Isle of Man].

Where the benefit of a right to dispose of firearms, their parts and essential components or ammunition accrues to a person established outside the [F10 United Kingdom] pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the [F10 United Kingdom];

(9)

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

‘export declaration’ means the act whereby a person indicates in the prescribed form and manner his intention to [F12 export] firearms, their parts and essential components, and ammunition F13 ...;

(11)

‘temporary export’ means the movement of firearms leaving the [F14 the United Kingdom to a destination outside of the United Kingdom and the Isle of Man] and intended for re-importation within a period not exceeding 24 months;

(11a)

[F15 “third country” means any country or territory outside of the United Kingdom and the Isle of Man;]

(12)

‘transit’ means the operation of transport of goods leaving the [F16 United Kingdom] and passing through the territory of one or more third countries with final destination in another third country;

(13)

‘transhipment’ means transit involving the physical operation of unloading goods from the importing means of transport followed by reloading, for the purpose of [F17 exportation], generally onto another means of transport;

(14)

‘export authorisation’ means:

(a)

a single authorisation or licence granted to one specific exporter for one shipment of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or

(b)

a multiple authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or

(c)

a global authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to several identified final recipients or consignees in one or several third countries;

(15)

‘illicit trafficking’ means the import, export, sale, delivery, movement or transfer of firearms, their parts and essential components or ammunition from or across the territory of [F18 the United Kingdom] to that of a third country, if any of the following applies:

(a)

the [F19 Secretary of State] does not authorise it in accordance with the terms of this Regulation;

(b)

the firearms are not marked in accordance with Article 4(1) and (2) of Directive 91/477/EEC;

(c)

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)

‘tracing’ means the systematic tracking of firearms and, where possible, their parts and essential components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of [F21 United Kingdom] in detecting, investigating and analysing illicit manufacturing and trafficking.

Textual Amendments

F1 Words in Art. 2(4) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(5) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(5) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(6) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(7) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(d) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(8) inserted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(aa) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(bb) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(cc) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(dd) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(9) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(f) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in Art. 2(10) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(g) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(10) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(g) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(11) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(h) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 2(11a) inserted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(12) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(j) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in Art. 2(13) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(k) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 2(15) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(15)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 2(15)(c) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 2(16) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(m) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

1. This Regulation shall not apply to:

(a) State to State transactions or State transfers;

(b) firearms, their parts and essential components and ammunition if specially designed for military use and, in any case, firearms of the fully automatic firing type;

(c) firearms, their parts and essential components and ammunition when destined for the armed forces, the police, or the public authorities of the [F22 United Kingdom];

(d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the [F23 Secretary of State], provided that tracing measures are ensured;

(e) deactivated firearms;

(f) antique firearms and their replicas as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899.

2. This Regulation is without prejudice to Regulation (EEC) No 2913/92 (Community Customs Code), Regulation (EEC) No 2454/93 (implementing provisions of the Community Customs Code), Regulation (EC) No 450/2008 (Modernised Customs Code), and to the regime for the control of exports, transfer, brokering and transit of dual-use items established by Regulation (EC) No 428/2009 (Dual Use Regulation).

Textual Amendments

F22 Words in Art. 3(1)(c) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(3)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 3(1)(d) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(3)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)