TRAFFICKING OF ILLICIT FIREARMS. THE COMMISSION’S PROPOSAL FOR A DIRECTIVE

On 26 February 2026, the Commission presented a Proposal[1] for a Directive to combat firearms trafficking and other firearms-related offences in the EU.

Part of ProtectEU[2], the Proposal finds its rationale in the fact that criminal demand and access to firearms, which pose a serious threat to EU citizens’ security as they enable a wide range of serious and organised crimes, are increasing and leading to more violent accidents in some Member States. Despite the EU has engaged at international level in actions to control firearms, there are still significant differences among Member States in how firearm-related crimes are defined and punished, leading to a fragmented legal framework across the Union. The Proposal aims to protect European citizens from the threat of illicit firearms by reducing their number and the related criminal activities, harmonising firearm offences and penalties across Member States and improving data quality and availability to better understand and address the threat.

The Proposal introduces harmonised definitions for offenses such as, amongst the others, illicit manufacturing, trafficking and possession of firearms or falsification and modification of markings on firearms[3]. Member States should take the necessary measures to ensure that such criminal offences are punishable by effective, proportionate and dissuasive criminal penalties, setting an upper limit depending on the type of offence[4]. Member States should ensure that also legal persons can be held liable for the criminal offences committed for their benefit by a person who has a leading position therein and who acts individually or as part of one of their organs on the basis of a power of representation, an authority to take decisions on their behalf or an authority to exercise control[5].

Member States will need to adopt, within their national legal systems, the measures necessary to prevent the illicit manufacturing and trafficking in firearms, their essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons[6]. Moreover, they should also take the necessary measures to provide for a sufficient limitation period after the commission of the criminal offences, to be related to their gravity, enabling for the investigation, prosecution, trial and adjudication of those offences to be tackled effectively[7].

Each Member State should establish its jurisdiction over the criminal offences of which the Proposal is comprised, where the offence was committed i) in whole or in part within its territory, ii) on board a ship or an aircraft registered in that Member State or flying its flag, or iii) by one of its nationals. A Member State should inform the Commission where it decides to extend its jurisdiction to one or more criminal offences committed outside its territory, where i) the offender is a habitual resident therein, ii) the offence is committed for the benefit of a legal person established in its territory or in respect of any business done in whole or in part on its territory, or iii) the offence is committed against one or more of its nationals or habitual residents. Where a criminal offence falls within the jurisdiction of more than one Member State, they should cooperate to determine which one is to conduct the criminal proceedings[8].

Each Member State will designate a single National Firearms Focal Point for coordination and cooperation among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences, provided with an appropriate structure as well as sufficient staff and resources to ensure their continuous operation and effective functioning[9].

Finally, the Proposal introduces new measures to improve the collection and standardisation of available data on firearms. More particularly, Member States should ensure that firearms seized by law enforcement or other competent agencies are registered using the minimum dataset set out in the Annex, which was developed in cooperation with practitioners and includes basic information such as the model and type of firearm[10]. Moreover, Member States should gather existing statistical data in relation to the several firearms-related offences through a digital system and share it with the Commission every five years[11].

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