Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the Commission,

Having regard to the consent of the European Parliament,

Whereas:

The elements of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (‘the Protocol’) which are covered by the competences of the Union were negotiated by the Commission, with the approval of the Council, on behalf of the Union.

In accordance with Council Decision 2001/748/EC^f1 the Protocol was signed on 16 January 2002, subject to its conclusion at a later date.

The conclusion of the United Nations Convention against Transnational Organized Crime^f2 was approved on behalf of the Union by Council Decision 2004/579/EC^f3 which is a condition for the Union to become a Party to the Protocol, pursuant to Article 37(2) of that Convention.

The Protocol provides for measures falling within the scope of the Union’s common commercial policy. Several Union legal acts have been adopted which aim to facilitate and eliminate barriers for the transfer of conventional arms within the internal market or which aim to regulate the export of arms to third countries.

A legally binding instrument on the highest possible common international standards for the transfer and control of arms concerns matters that fall within the Union’s exclusive competence because either those matters fall within the scope of the Union’s common commercial policy, or the Union has adopted common rules the scope of which is likely to be affected or altered by the conclusion of the Protocol.

Insofar as the provisions of the Protocol fall within the scope of the competence conferred on the Union, the Protocol should be approved on behalf of the Union.

In accordance with Article 17(3) of the Protocol, the Union, when depositing the instrument of approval, is also to deposit a declaration on the extent of the Union’s competence with respect to matters governed by the Protocol.

The control of the acquisition and possession of firearms in the Union, as well as the formalities for the movements of firearms within the Member States, are regulated by Council Directive 91/477/EEC^f4.

The rules and procedures applicable to the intra-union transfer of defence-related products are regulated by Directive 2009/43/EC of the European Parliament and the Council^f5,

HAS ADOPTED THIS DECISION: