Citation(s) from the GunPolicy.org literature library
European Parliament. 2021 ‘Article 4(5)-(6).’ Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification); Chapter 2. Brussels: European Union. 24 March
Relevant contents
Article 4
5. Member States shall ensure the establishment and maintenance of a computerised data-filing system, either centralised or decentralised, which guarantees to authorised authorities access to the data-filing systems in which each firearm subject to this Directive is recorded. That data-filing system shall record all information relating to firearms which is needed in order to trace and identify those firearms, including:
(a) the type, make, model, calibre and serial number of each firearm and the mark applied to its frame or receiver as a unique marking in accordance with paragraph 1, which shall serve as the unique identifier of each firearm;
(b) the serial number or unique marking applied to the essential components, where that differs from the marking on the frame or receiver of each firearm;
(c) the names and addresses of the suppliers and of the persons acquiring or possessing the firearm, together with the relevant date or dates; and
(d) any conversions or modifications to a firearm leading to a change in its category or subcategory, including its certified deactivation or destruction and the relevant date or dates.
Member States shall ensure that the record of firearms and the essential components, including the related personal data, is retained in the data-filing systems by the competent authorities for a period of 30 years after the destruction of the firearms or essential components in question. The records of firearms and essential components referred to in the first subparagraph of this paragraph and the related personal data shall be capable of being accessed:
(a) by the authorities competent to grant or withdraw authorisations referred to in Article 9 or 10 or by the authorities competent for customs proceedings, for a period of 10 years after the destruction of the firearm or the essential components in question; and
(b) by the authorities competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, for a period of 30 years after the destruction of the firearm or the essential components in question.
Member States shall ensure that personal data are deleted from the data-filing systems upon expiry of the periods specified in the second and third subparagraphs. This shall be without prejudice to cases in which specific personal data have been transferred to an authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties and are used in that specific context, or to other authorities competent for a compatible purpose provided for by national law. In such cases, the processing of such data by the competent authorities shall be regulated by the national law of the Member State concerned, in full compliance with Union law, in particular on data protection. Throughout their period of activity, dealers and brokers shall be required to maintain a register in which each firearm and each essential component subject to this Directive that is received or disposed of by them is recorded, together with particulars enabling the firearm or essential component concerned to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the suppliers and of the persons acquiring it. Upon the cessation of their activities, dealers and brokers shall deliver that register to the national authorities responsible for the data-filing systems provided for in the first subparagraph. Member States shall ensure that dealers and brokers established in their territory report transactions involving firearms or essential components without undue delay to the national competent authorities, that dealers and brokers have an electronic connection to those authorities for such reporting purposes and that the data-filing systems are updated immediately upon receipt of information concerning such transactions.
6. Member States shall ensure that all firearms may be linked to their owner at any moment.