Answer given by Mr Tajani on behalf of the Commission

31.8.2012

Directive 91/477/EEC of 18 June 1991 establishes the key principle that any transfer of firearms falling within the scope of the directive is subject to authorisation from both the authorities of the Member State of departure and those of the Member State of arrival.

The European firearms pass is a document established by that directive, which is based exclusively on Article 95 of the EC Treaty (replaced by Article 114 TFEU) on the completion of the internal market, and does not apply to Gibraltar.

The movement of goods within the internal market can indeed be subject to different rules depending on, for example, their degree of dangerousness, which is why a specific instrument for firearms was drawn up, in this case Directive 91/477.

The purpose of the European firearms pass, which only Member States have the competence to issue, is not to ensure the free movement of people as such, but simply to facilitate transfers of firearms by the owner from one Member State to another.

OJ C 263 E, 12/09/2013