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The President of Romania, Klaus Iohannis, sent on Monday, November 2 of this year, to Parliament, for its re-examination, the Law to amend and complete Law no. 295/2004 on the arms and ammunition regime.
We present the full text of the application:
Bucharest, November 2, 2020
Mr. Robert-Marius CAZANCIUC
Vice President of the Senate
In accordance with article 77, paragraph 2, of the Romanian Constitution, republished, I make the following REQUEST FOR REEXAMINATION of the Law to amend and supplement Law no. 295/2004 on the arms and ammunition regime
Law that modifies and completes Law no. Regulation (EC) No. 295/2004 on the arms and ammunition regime establishes a regulation that transposes into national legislation the provisions of the Implementing Directive (EU) 2019/69, which establishes technical specifications for alarm weapons and signage in accordance with Council Directive 91/477 / EEC on the control of the acquisition and possession of weapons, as well as the provisions that establish the national legal framework for the application of the EU Delegated Regulation 2019/686.
At the same time, Art. I point 8 of the law sent for promulgation modifies par. (1) on. c) and d) of article 14 of Law No. 295/2004, in the sense of restricting the right to possess lethal weapons only to persons accused or convicted, by final judicial decision, for crimes committed with violence, for crimes provided for in Law No. 143/2000 on preventing and combating drug trafficking and illicit consumption, for the crime of human trafficking, crimes of theft, usury, threats, blackmail, poaching, smuggling, crimes provided for in Law No. 205/2004 on the protection of animals and crimes related to the arms and ammunition regime. At present, this restriction applies to all persons who have been sentenced, by final sentence, to life imprisonment or imprisonment for more than one year, with execution, for any fraudulent crime and to the persons charged. for committing criminal acts with intent.
Directive (EU) 2017/853 of the European Parliament and of the Council that modifies Council Directive 91/477 / EEC on the control of the acquisition and possession of weapons, previously transposed into national legislation by Law No. 196/2019 for the modification and termination of Law no. Regulation (EC) No 295/2004 on the arms and ammunition regime was adopted in order to strike a balance between, on the one hand, ensuring the free movement within the Union of certain firearms and their essential components and, on the other, the need to control that freedom through the use of adequate security guarantees for the products in question. At the same time, according to the fifteenth recital of that Directive, ‘in Directive 91/477 / EEC stricter rules should be introduced with regard to the most dangerous firearms, in order to ensure that they are not allowed, with some exceptions. limited and duly justified, the acquisition, possession or trade with them. If these standards are not met, Member States should take all appropriate measures, which could include confiscation of the firearms in question. “
Therefore, we consider that the modification of the provisions of para. (1) in art. 14 of Law No. 295/2004 in the sense of relaxing the conditions for the granting of the authorization for the purchase of lethal weapons, for people definitely convicted or who have the status of accused, is not appropriate, moving away from the purpose pursued by the relevant European regulations.
In the same sense, the Constitutional Court ruled, which upheld by Judgment no. 507/2019, para. 36, that the introduction of more restrictive conditions for obtaining authorization for the purchase of lethal weapons “gives expression to the aim pursued by the initiators, as well as to the transposed directive, in the sense of adopting stricter regulations on weapons more dangerous. “
In addition, letter d) of para. (1) in art. 14, whereby the people accused of committing any criminal act, intentionally, were exempted from the possibility of granting authorization to acquire lethal weapons, was introduced in Law No. 295/2004 at the end of last year, by Law n. 196/2019. We believe that repeated amendment, at short intervals, of normative acts that regulate social relations in sensitive areas, such as the arms and ammunition regime, is likely to undermine efforts to create consistent and predictable legislation.
Compared to the arguments set out above and considering the exclusive legislative competence of Parliament, as the supreme body representing the Romanian people and the sole legislative authority in the country, we ask you to re-examine the Law to amend and complete Law no. 295/2004 on the arms and ammunition regime.
THE PRESIDENT OF ROMANIA
KLAUS-WERNER IOHANNIS
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