EU Regulation 2025/41: Governing Firearm Import, Export, and Transit

This document outlines Regulation (EU) 2025/41 of the European Parliament and of the Council, enacted on December 19, 2024. This regulation is a recast of previous legislation and focuses on import, export, and transit measures for firearms, their essential components, and ammunition. It serves to implement Article 10 of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol).

I. Core Purpose and Scope

This regulation establishes a unified framework within the European Union to control the movement of firearms and related items across its borders, aiming to combat illicit trafficking and enhance security. It applies to the import, export, and transit of ‘listed goods,’ which include:

Firearms
Essential Components
Ammunition
Alarm and Signal Weapons
Deactivated Firearms
Semi-finished Firearms
Semi-finished Essential Components
Sound Moderators

However, Regulation (EU) 2025/41 does not apply to:

State-to-state transactions or state transfers.
Certain military goods covered by the Common Military List of the European Union.
Transactions destined for the armed forces, police, or public authorities of Member States.
Antique firearms manufactured before 1900.

II. Key Definitions

To ensure clarity, the regulation defines several key terms:

Listed Goods: Encompasses firearms, essential components, ammunition, alarm and signal weapons, deactivated firearms, semi-finished firearms, semi-finished essential components, and sound moderators as listed in Annex I of the regulation.
Firearm: As defined in Directive (EU) 2021/555, referring to a weapon designed to expel a projectile by combustion.
Essential Component: Also defined by Directive (EU) 2021/555, including parts crucial to the operation of a firearm, such as the barrel, frame, and receiver.
Semi-finished Firearms & Essential Components: Items not yet ready for use but possessing the basic shape of finished firearms or components, primarily intended for completion.
Ammunition, Deactivated Firearms, Alarm and Signal Weapons, Sound Moderator: Definitions are aligned with Directive (EU) 2021/555, ensuring consistency across EU legislation.
Importer & Exporter: Clearly defined in terms of customs procedures and the power to control the movement of listed goods.
Transit: Refers to the customs transit procedures as defined within the Union Customs Code.
Illicit Trafficking: Defined as unauthorized import, export, sale, movement, or transfer of listed goods, particularly when not compliant with marking regulations or authorized by the relevant Member State.

III. Import Regulations Under EU 41

Regulation (EU) 2025/41 sets stringent rules for importing firearms and related items into the EU:

1. Marking at Import

Compliance with UN Protocol: Imported firearms must bear markings as per Article 8(1)(a) of the UN Firearms Protocol. Unmarked firearms are prohibited from import or re-export.
EU Marking Requirements: Goods can only be released for free circulation if they meet the marking standards of Article 4 of Directive (EU) 2021/555 and Article 8(1)(b) of the UN Firearms Protocol. Dealers are allowed to complete marking after release for free circulation.
Exemptions: Historically significant listed goods may be exempt from these marking rules under specific conditions.

2. Deactivated Firearms

Deactivation Certificate: Import of deactivated firearms requires a deactivation certificate and marking according to Article 15 of Directive (EU) 2021/555.
Certificate Provision: Importers must provide a copy of the deactivation certificate via the electronic licensing system.

3. Alarm and Signal Weapons

Non-Convertibility Standards: Import authorizations are granted only for alarm and signal weapons compliant with technical specifications in Directive (EU) 2021/555 or models listed as non-convertible.
EU Lists: The European Commission maintains lists of non-convertible alarm and signal weapon models and devices known to be convertible.

4. Import Authorization Requirements

General Requirement: An import authorization is mandatory for all non-Union listed goods entering the EU, issued by the Member State of final destination.
Authorization Types:
- Single authorization (valid up to 1 year)
- Multiple authorization (valid up to 3 years)
- Union general authorization for Authorized Economic Operators (AEOs) for security and safety (for Category B or C listed goods from specified origins).
Eligibility: Entities permitted under Directive (EU) 2021/555 to handle listed goods can apply, except for semi-finished items, for which only dealers and brokers are eligible.

5. Import Authorization Procedure

Processing Time: Competent authorities must process applications within 90 working days (extendable to 110 for Category A goods).
Grounds for Refusal: Authorizations are denied if applicants have relevant criminal records, the firearm is flagged in databases (e.g., SIS), or security/public safety concerns exist.
Criminal Record Checks: Member States are mandated to use the system established by Framework Decision 2009/315/JHA to access criminal record information from other Member States.
Schengen Information System (SIS): Checks against SIS are required to ensure imported firearms are not listed as lost, stolen, or sought for seizure.
Authorization Monitoring: Ongoing monitoring of import authorizations is required, especially for long-term authorizations.

6. Temporary Import and Transit

Temporary Import Authorization: Non-EU entities can obtain single import authorizations for temporary admissions for exhibitions, repairs, hunting, sports shooting, or historical reenactment.
Specific Conditions: Temporary imports require proof of purpose, descriptions of goods, and planned exit information. Ammunition limits apply (800 rounds for hunters, 1200 for sports shooters).
Transit Authorization: Transit of listed goods through the EU to a third country requires explicit authorization.
National General Import Authorizations: Member States may issue national general import authorizations for temporary imports of Category C listed goods under specific conditions.

7. Administrative Simplification

Exemptions for Certain Holders: Individuals with a European firearms pass or authorization under Directive (EU) 2021/555 may import listed goods without a new import authorization under specific conditions, mainly for goods previously temporarily exported and returning within 90 days.
Conditions for Simplification: Requires communication through the electronic licensing system, goods being the same as exported, and reporting of entry details.

8. Consultation with Member States

Intra-EU Movement: For movements of non-Union listed goods within the EU, the authorizing Member State must consult other Member States involved in the planned movement.
Objections: Consulted Member States can object within 10 working days based on security concerns.
Changes to Movement: Any changes in planned movements must be notified and may require re-authorization.
Re-entry Point Consultation: For administrative simplifications, if the re-entry point differs from the destination Member State, consultation with the re-entry Member State is required.

9. National Restrictions on Import

Permitted Restrictions: Member States can maintain or adopt quantitative restrictions on imports for public policy, public security, or industrial/commercial property reasons, in line with the Treaty on the Functioning of the European Union (TFEU).
Authorization for National Restrictions: The European Commission must authorize any such national restrictions.

10. Procedure for Authorizing National Restrictions

Notification to Commission: Member States intending to adopt restrictions must notify the Commission at least 6 months in advance, providing detailed documentation.
Commission Review: The Commission assesses the compatibility of national measures with EU law and principles.
Authorization Decision: The Commission decides within 120 working days whether to authorize the measures, using an advisory procedure.

IV. Export Regulations Under EU 41

Regulation (EU) 2025/41 also rigorously controls the export of firearms and related goods from the EU:

1. Export Authorization Requirement

Mandatory Authorization: An export authorization is necessary for taking listed goods out of the EU customs territory.
Eligibility: Exporters authorized under Directive (EU) 2021/555 are eligible to apply.
Authorization Types:
- Single authorization
- Multiple authorization
- National general export authorization
- Union general authorization for AEOs (for Category B or C listed goods to specified destinations).

2. Export Authorization Procedure

Processing Time: Competent authorities process export authorization applications within 90 working days (extendable to 110 days).
Required Documentation: Applicants must provide proof of import authorization from the destination third country and no objection from transit countries.
Transit Country Consent: Transit consent is assumed if no objection is received within 20 working days.
Deactivated Firearms: Deactivation certificates are required for exporting deactivated firearms.
User Statement: For firearms, a user statement from the importer in the destination country is generally required.
Validity Period: Export authorization validity is linked to the import authorization validity of the third country, generally not exceeding one to three years.

3. Traceability of Firearms

Information Requirements: Export and import authorizations, along with accompanying documents, must contain detailed information for traceability, including dates, places of issue, countries involved, consignee, final recipient, goods identification, and owner details.
Advance Information: Exporters must provide transit countries with relevant information in advance of shipment.
Marking: Exported listed goods must be marked according to Article 4 of Directive (EU) 2021/555.

4. Exemption from Export Authorization

Temporary Export Exemptions: Exemptions exist for temporary exports by hunters, historical reenactors, and sports shooters with a European firearms pass, under specific conditions.
Re-export Exemptions: Re-exports following temporary admission for hunting, reenactment, or sports shooting are also exempt, provided goods remain under original ownership and are re-exported within 90 days.
Transit Exemptions: Goods in customs transit with departure and destination points outside the EU are exempt.

5. Simplified Export Authorization

Situations for Simplification: Simplified authorizations are available for re-exports after temporary admission for evaluation, exhibition, repair, or for goods in temporary storage, and for temporary exports for evaluation, exhibition, or repair.
Application Process: Applications are submitted via the electronic licensing system with reduced documentation.
Processing Time: Simplified authorizations are processed within 20 working days (extendable to 40 days).
Conditions: Transit country consent, verification by authorities, and deactivation certificates (if applicable) are required.
Validity: Validity is linked to the third country’s import authorization or capped at one year.

6. Obligations of Competent Authorities for Export

Considerations for Authorization: Competent authorities must consider international obligations, foreign and security policy, end-use, consignee, final recipient, and diversion risks when deciding on export authorizations.
Compliance Procedures: Assessment includes whether applicants have adequate compliance measures.
Restrictive Measures: Authorities must observe EU and international restrictive measures, such as arms embargoes.
Information Exchange: Consultation and information exchange among Member States’ competent authorities are mandated, especially regarding previous refusals.
Authorization Monitoring: Ongoing monitoring of export authorizations is required based on risk management.

7. Refusal, Annulment, Suspension, Modification, or Revocation of Export Authorizations

Grounds for Refusal: Export authorizations are refused under conditions similar to import refusals, including failure to meet obligations, applicant criminal records, firearm status in databases, or security/public safety threats.
Information Sharing: Decisions on refusal, annulment, suspension, etc., must be communicated via the electronic licensing system.

8. Proof of Receipt

Exporter Responsibility: Within 45 days of export, exporters must provide proof of receipt of the shipment in the destination third country, using customs import documents submitted via the electronic licensing system.
Verification Process: If proof of receipt is not provided, authorities will verify exit from the EU and request confirmation of entry from the importing third country.

V. Supervision and Controls

Regulation (EU) 2025/41 emphasizes robust supervision and control mechanisms:

1. Post-Shipment Checks

Purpose: Competent authorities may conduct post-shipment checks to verify compliance with user statements and ensure goods reach the intended destination.
Cooperation: Cooperation among competent authorities, customs authorities, and third-country authorities is encouraged for verification.

2. Exchange of Information and Cooperation Between Authorities

Information Sharing: The European Commission, competent authorities, and customs authorities must cooperate and exchange information to ensure effective implementation.
Risk Information: Exchange of risk-related information, analysis, and control results is mandated, particularly concerning illicit trafficking suspicions.
Methods of Exchange: Information exchange utilizes established systems like the system under Article 16(1) of Regulation (EU) No 952/2013 and national systems, increasingly through the electronic licensing system.

3. Procedures at Import and Export

Customs Declaration: Declarants must reference relevant authorizations in customs declarations, including ATA carnets.
Language: All documentation must be provided in an official language of the Member State or English.
Electronic Verification: Once operational, the EU Single Window Environment for Customs will automatically verify authorizations.
Automated Communication: Release of goods will be automatically communicated to the electronic licensing system.
Doubt and Suspicion: Customs authorities must inform competent authorities within 24 hours if there are doubts about compliance or authorization validity. Competent authorities then decide on the goods’ treatment.

4. Detection of Non-Compliant Shipments

Customs Actions: Customs authorities must ensure non-compliant shipments remain under supervision and inform competent authorities within 24 hours.
Competent Authority Decision: Competent authorities decide on handling within 10 working days (extendable to 30 days).
Information to Member States: If non-compliance involves another Member State, information must be shared via the electronic licensing system.
Illicit Trafficking Suspicion: Suspected illicit trafficking leads to seizure, with data shared via Europol’s SIENA.
Destruction Costs: Costs for destroying non-compliant firearms are borne as per Article 198(3) of Regulation (EU) No 952/2013.
Statistical Information: The Commission will define a system for gathering statistics on seizures.

VI. Administration, Digitalization, and Cooperation

Regulation (EU) 2025/41 promotes digitalization and administrative efficiency:

1. Information Storage

Retention Period: Member States must keep import, export, and re-export information for at least 20 years to aid traceability and combat illicit trafficking.
Data Scope: Stored information includes details from authorizations and related documents.
Exemptions: Certain simplified imports/exports are exempt from this long-term storage.

2. Statistics and Annual Report

Annual Reporting: The European Commission will publish an annual report on the regulation’s implementation, including authorization numbers, quantities, values, refusals, seizures, post-shipment checks, and infringements.
Data Access: The Commission has access to statistical data from the electronic licensing system.
Member State Submissions: Member States must submit data on post-shipment checks and infringements annually.
Data Protection: Reports and statistics exclude personal, commercially sensitive, or security-sensitive information.

3. Electronic Licensing System

Establishment: A secure electronic licensing system will be established and maintained by the Commission for authorizations, registrations, and related communications.
Functionalities: The system will support registration, application processing, interconnection with national systems and customs, risk profiling, information exchange, and statistical reporting.
Access: Access is provided to customs authorities, competent authorities, applicants, and relevant Commission services.
Interconnection: Interconnection with national systems and the EU Single Window Environment for Customs is mandated, with staged implementation timelines.
Data Protection: Processing of personal data within the system must comply with GDPR and Regulation (EU) 2018/1725.
Implementation Timeline: The electronic licensing system must be in place by February 12, 2027, with full customs interconnection by February 12, 2031.

4. Firearms Imports and Exports Coordination Group

Coordination Body: A Firearms Imports and Exports Coordination Group is established, chaired by the Commission, comprising representatives from Member States’ competent authorities.
Functions: The group examines application questions, facilitates information exchange, and consults stakeholders.

VII. General and Final Provisions

Regulation (EU) 2025/41 includes several general and final clauses:

1. Secure Procedures and Enforcement

Secure Procedures: Member States must ensure secure authorization procedures and the authenticity of documents.
Verification: Verification methods can include diplomatic channels.
Competent Authority Tasks: Competent authorities are empowered to enforce the regulation, gather information, and verify compliance, including premises access.
Penalties: Member States must establish effective, proportionate, and dissuasive penalties for infringements.
Whistleblower Protection: The EU’s whistleblower protection regime applies to reporting breaches of this regulation.

2. Delegated and Implementing Acts

Delegated Acts: The Commission is empowered to adopt delegated acts to supplement the regulation on Union general authorizations, ATA carnet references, and to amend annexes based on updates to customs and firearms directives.
Implementing Acts: Implementing acts will be used for technical specifications of sound moderators, semi-finished items, lists of non-convertible alarm weapons, and the system for statistical seizure information.

3. Transitional and Final Clauses

Transitional Period: Transitional arrangements are in place until February 12, 2029, including simplified reporting requirements and validity of existing authorizations.
Repeal: Regulation (EU) No 258/2012 is repealed, with references to it construed as references to Regulation (EU) 2025/41.
Entry into Force and Application: The regulation entered into force 20 days after publication and applies from February 12, 2029, with certain articles applying from February 11, 2025.

VIII. Conclusion

Regulation (EU) 2025/41 represents a significant step in harmonizing and strengthening the control of firearms within the European Union. By establishing a comprehensive framework for import, export, and transit, and by leveraging digital systems for efficiency and traceability, this regulation aims to enhance security and combat illicit trafficking in firearms, aligning with international standards set by the UN Firearms Protocol. Its effective implementation is crucial for ensuring a safer environment within the EU while facilitating legitimate trade in firearms and related items.