BAKGRUNN (fra kommisjonsdirektivet)

(1) Commission Implementing Directive (EU) 2019/68 (2) sets out the minimum technical specifications for the marking of firearms and their essential components in order to increase the traceability of firearms and their essential components and to facilitate their free movement.

(2) As the title of Implementing Directive (EU) 2019/68 contains a reference to Council Directive 91/477/EEC (3), which has been repealed, it is necessary to replace that reference.

(3) The technical specifications of Implementing Directive (EU) 2019/68 did not contain a requirement on the minimum depth of markings. It is necessary to include a minimum depth at EU level to ensure a level playing field for economic operators and firearms users and facilitate the trade in the internal market of the EU. Moreover, in order to align with the standards of the most important markets for the export of civilian firearms (USA and Canada), it is necessary to adopt a technical specification entailing a minimum depth of 0,0762 millimetre for the marking.

(4) A depth of 0,0762 millimetre is technically feasible and does not compromise the durability of firearms and the essential components.

(5) Implementing Directive (EU) 2019/68 should therefore be amended accordingly.

(6) In line with Article 4(1) of Directive (EU) 2021/555, the measures provided for in Article 1, point 2, shall apply to firearms and their essential components only when they are placed on the market for the first time after the eighteenth month following the publication of this act to the Official Journal, as provided in Article 2(1). The measures shall apply to the components whether part of a firearm or placed separately on the market.

(7) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (4), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

(8) The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 20 of Directive (EU) 2021/555,