AECAC submits Statement on EU Consultation
The European Association of the Civil Commerce of Weapons (AECAC) has taken a clear stance (feedback was sent on December 11th) as part of the ongoing EU consultation regarding the EU-wide harmonization of criminal provisions related to firearms. The consultation examines whether a new directive is needed to establish equivalent criminal provisions across the EU for the illegal manufacturing of firearms, aiming to prevent criminals from exploiting countries with more lenient penalties.
Although AECAC explicitly supports efforts to combat the illegal trade in firearms, the proposed legislative initiative is considered ineffective. The planned measures would likely do little to deter criminals or terrorists effectively, while disproportionately burdening the legal civilian firearms trade.
Priority on Implementing Existing Regulations
AECAC emphasizes that the EU Firearms Directive (2021/555) has yet to be fully implemented across all member states. Differing national interpretations and implementation levels hinder harmonized regulations. Before introducing new laws, the evaluation of the existing directive, scheduled for 2026 under Article 24 of the directive, should be awaited. Additional directives without prior evaluation could increase the risk of inconsistencies and create unnecessary administrative burdens and uncertainties for the legal firearms trade.
Uniform Regulations Instead of Overregulation
AECAC calls for the harmonization of existing import and export regulations before introducing new measures. Disparities in national regulations—such as individual or general permits—cause legal uncertainties and complicate intra-European trade. Moreover, the Internal Market Information System (IMI) is not consistently maintained, further complicating the approval process. Member states should be required to justify any over-compliance with European minimum standards to minimize the burden on domestic trade.
Digitalization and Improved Networking as Key Solutions
From AECAC’s perspective, enhancing the networking of competent authorities and deploying digital systems are crucial for increasing the effectiveness of monitoring and enforcing existing laws. National legal provisions that hinder information sharing complicate investigations and obstruct effective collaboration between security authorities.
Picture: Christian Lue / unsplash.com
Standardized Marking of Alarm, Irritant and Signal Weapons and Realistic Assessment of 3D Printing
AECAC advocates for EU-wide standardized marking of Alarm, Irritant and Signal Weapons in line with Implementing Directive (EU) 2019/69 to ensure clear identification and combat the illegal conversion into functional firearms. At the same time, the association disagrees with the claim that no EU member state penalizes the unauthorized manufacturing of firearms using 3D printing. As long as illegal manufacturing is generally sanctioned, there is no need for specific regulations for 3D printing, as this would only lead to unnecessary regulatory complexity.
AECAC appeals to the European Commission to adopt pragmatic and evidence-based approaches to improve security in Europe without disproportionately burdening the legal firearms trade.
The German Federal State of Hesse calls for stricter criminal provisions
Against the backdrop of the EU-level consultation, AECAC similarly criticizes similar demands from Germany, as recently expressed at the end of November by the Conference of Justice Ministers at Hesse’s initiative. There, the federal government was urged “to promptly present a draft law that adjusts the sentencing framework in the Weapons Act for commercial and organized firearms trafficking to reflect the severity of the offenses and, if necessary, aligns it similarly to the War Weapons Control Act.”
Considering the ongoing EU-level consultation, it is believed that initiating an independent effort in Germany is entirely premature, as the consultation’s results and potential recommendations from the EU are currently unknown. A premature adjustment of German penalties risks perpetuating the inconsistency criticized in the consultation if Germany adopts stricter standards than the EU. Additionally, this could necessitate two rounds of adjustments, resulting in unnecessary legislative initiatives.
While the intention to “punish illegal firearms trafficking more severely” can be understood as a commendable initiative within the context of an election campaign, it would be more prudent in this case to await an EU agreement.
AECAC submits Statement on EU Consultation Read More »
