Procedure : 2005/0191(COD)
Document stages in plenary
Document selected : A6-0134/2007

Texts tabled :

A6-0134/2007

Debates :

PV 24/04/2007 - 16
CRE 24/04/2007 - 16

Votes :

PV 25/04/2007 - 7.3
CRE 25/04/2007 - 7.3
Explanations of votes

Texts adopted :

P6_TA(2007)0142

RECOMMENDATION FOR SECOND READING     ***II
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12 April 2007
PE 384.265v02-00 A6-0134/2007

on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002

(14039/1/2006 – C6-0041/2007 – 2005/0191(COD))

Committee on Transport and Tourism

Rapporteur: Paolo Costa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002

(14039/1/2006 – C6-0041/2007 – 2005/0191(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14039/1/2006 – C6-0041/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0429)(2),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0134/2007),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position  Amendments by Parliament

Amendment 1

Recital 1

(1) In order to protect persons and goods within the European Union from acts of unlawful interference with civil aircraft, common rules for safeguarding civil aviation should be established. This objective should be achieved by setting common rules and common basic standards on aviation security as well as mechanisms for monitoring compliance.

(1) In order to protect persons and goods within the European Union, acts of unlawful interference with civil aircraft, which jeopardise the security of civil aviation should be prevented by establishing common rules for safeguarding civil aviation. This objective should be achieved by setting common rules and common basic standards on aviation security as well as mechanisms for monitoring compliance.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 2

Recital 6

(6) This Regulation should apply to airports serving civil aviation located in the territory of a Member State, to operators providing services at such airports and to entities providing goods and/or services to or through such airports.

(6) The new act should apply to airports serving civil aviation located in the territory of a Member State, to operators providing services at such airports and to entities providing goods and/or services to or through such airports.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 3

Recital 10

(10) Member States should also be allowed, on the basis of a risk assessment, to apply more stringent measures than those laid down in this Regulation.

(10) Member States should also be allowed, on the basis of a risk assessment, to apply more stringent measures than those to be laid down. A distinction should be drawn, however, between common basic standards and more stringent measures and there should be a similar distinction in their funding.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 4

Recital 11

(11) Third countries may require the application of measures that differ from those laid down in this Regulation in respect of flights from an airport in a Member State to, or over, that third country. However, without prejudice to any bilateral agreements to which the Community is a party, it should be possible for the Commission to examine the measures required by the third country.

(11) Third countries may require the application of measures that differ from those laid down in this act in respect of flights from an airport in a Member State to, or over, that third country. However, without prejudice to any bilateral agreements to which the Community is a party, it should be possible for the Commission to examine the measures required by the third country and to decide whether a Member State, operator or other entity concerned may continue to apply the measures required.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 5

Recital 12

(12) Even though, within a single Member State, there may be two or more bodies involved in aviation security, each Member State should designate a single authority responsible for the coordination and monitoring of the implementation of common basic standards on aviation security.

(12) Even though, within a single Member State, there may be two or more bodies or entities involved in aviation security, each Member State should designate a single authority responsible for the coordination and monitoring of the implementation of security standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 6

Recital 13

(13) In order to define responsibilities for the implementation of the common basic standards on aviation security and to describe what measures are required by operators and other entities for this purpose, each Member State should draw up a national civil aviation security programme. Furthermore, each airport operator, air carrier and entity implementing aviation security standards should draw up, apply and maintain a security programme in order to comply both with this Regulation and with whichever national civil aviation security programme is applicable.

(13) In order to define responsibilities for the implementation of the common basic standards and to describe what measures are required by operators and other entities for this purpose, each Member State should draw up a national civil aviation security programme. Furthermore, each airport operator, air carrier and entity applying aviation security standards should draw up, apply and maintain a security programme in order to comply both with the new act and with whichever national civil aviation security programme is applicable.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 7

Recital 14

(14) In order to monitor compliance with this Regulation and with the national civil aviation security programme, each Member State should draw up and ensure the implementation of a national programme to check the quality of civil aviation security.

(14) In order to monitor compliance with the new act and with the national civil aviation security programme, each Member State should draw up and ensure the implementation of a national programme to check the level of civil aviation security.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 8

Recital 15 a (new)

 

(15a) In the context of the forthcoming extension of its competences, the European Aviation Safety Agency should gradually be integrated into the monitoring of compliance with common provisions on civil aviation security.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 9

Recital 16

(16) Implementing acts setting out common measures and procedures for the implementation of the common basic standards on aviation security and containing sensitive security information, together with Commission inspection reports and answers of appropriate authorities should be regarded as "EU classified information" within the meaning of Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedure. Those items should not be published; they should only be made available to those operators and entities with a legitimate interest.

(16) Implementing acts setting out common measures and procedures for the implementation of the common basic standards and containing sensitive security information, together with Commission inspection reports and answers of appropriate national authorities should be regarded as "EU classified information" within the meaning of Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedure. Those items should not be published; they should only be made available to those operators and entities with a legitimate interest.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 10

Recital 18 a (new)

 

(18a) For the purpose of allowing transfer passengers and transfer baggage to be exempted from screening when arriving on a flight from a third country, which is known as the concept of “one-stop security”, as well as for allowing passengers arriving on such a flight to mix with screened departing passengers, it is appropriate to encourage agreements between the Community and third countries, recognising that the security standards applied in the third country are equivalent to Community standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 11

Recital 21

(21) Member States should determine the penalties applicable to infringements of the provisions of this Regulation. The penalties provided for, which may be of a civil or administrative nature, should be effective, proportionate and dissuasive.

(21) Penalties should be provided for infringements of the provisions of this Regulation. Those penalties should be effective, proportionate and dissuasive.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 12

Recital 22 a (new)

 

(22a) Consideration should be given to the creation of a solidarity mechanism that could offer assistance following terrorist acts with a major impact on the transport field.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 13

Article 1, paragraph 1

1. This Regulation establishes common rules to safeguard civil aviation against acts of unlawful interference.

1. This Regulation establishes common rules to protect civil aviation against acts of unlawful interference that jeopardise the security of civil aviation.

It also provides the basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation.

It also provides the basis for a common interpretation of the April 2002 issue of Annex 17 to the Chicago Convention on International Civil Aviation.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 14

Article 2, paragraph 1, point (a)

a) all airports or parts of airports located in the territory of a Member State that are not exclusively used for military purposes;

a) all airports or parts of airports serving civil aviation located in the territory of a Member State;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 15

Article 3, point 1

1) "civil aviation" means any air operation carried out by civil aircraft, excluding operations carried out by state aircraft referred to in Article 3 of the Chicago Convention on International Civil Aviation;

1) "civil aviation" means any air transport operation, both commercial and non-commercial, as well as both scheduled and non-scheduled operations, but excluding operations carried out by state aircraft referred to in Article 3 of the 1944 Chicago Convention on International Civil Aviation;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 16

Article 3, point 2

2) "aviation security" means the combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference;

2) "aviation security" means the combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference that jeopardise the security of civil aviation;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 17

Article 3, point 2 a (new)

 

2a) "airport" means any area of land [or water] specially adapted for the landing, taking-off and manoeuvres of aircraft, including ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 18

Article 3, point 7

7) "prohibited articles" means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference;

7) "prohibited articles" means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises security;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 19

Article 3, point 13

13) "security restricted area" means that area of airside where, in addition to access being restricted, other aviation security standards are applied;

13) "security restricted area" means that area of airside where, in addition to access being restricted, access control is applied;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 20

Article 3, point 14

14) "demarcated area" means an area that is separated by means of access control either from security restricted areas, or, if the demarcated area itself is a security restricted area, from other security restricted areas of an airport;

14) "demarcated area" means an area that is not accessible to the general public and that is separated from security restricted areas, or, if the demarcated area itself is a security restricted area, from other security restricted areas of an airport;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 21

Article 3, point 15

15) "background check" means a recorded check of a person's identity, including any criminal history, as part of the assessment of an individual's suitability for unescorted access to security restricted areas;

15) "background check" means a verifiable check of a person’s identity, including any criminal history and intelligence data;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 22

Article 3, point 17

17) "transit passengers, baggage, cargo or mail" means passengers, baggage, cargo or mail departing on the same aircraft as that on which they arrived;

17) "transit passengers, baggage, cargo or mail" means passengers, baggage, cargo or mail departing on the same aircraft as that on which they arrived on a flight with the same flight number;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 23

Article 3, point 24

24) "mail" means dispatches of correspondence and other items, other than air carrier mail, tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union;

24) "mail" means letters, packages, dispatches of correspondence and other articles intended for delivery to postal service companies responsible for handling them in accordance with the provisions of the Universal Postal Union (UPU);

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 24

Article 3, point 26

26) "regulated agent" means an air carrier, agent, freight forwarder or any other entity who ensures security controls in respect of cargo or mail;

26) "regulated agent" means an air carrier, agent, freight forwarder or any other entity that ensures the security controls in accordance with this Regulation in respect of cargo or mail;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 25

Article 3, point 27

27) "known consignor" means a consignor who originates cargo or mail for its own account and whose procedures meet common security rules and standards sufficient to allow carriage of cargo or mail on any aircraft;

27) "known consignor" means a consignor who originates cargo or mail and whose procedures meet common security rules and standards sufficient to allow carriage of that cargo or mail on any aircraft;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 26

Article 3, point 28

28) "account consignor" means a consignor who originates cargo or mail for its own account and whose procedures meet common security rules and standards sufficient to allow carriage of that cargo on all-cargo aircraft or mail on all-mail aircraft;

28) "account consignor" means a consignor who originates cargo or mail and whose procedures meet common security rules and standards sufficient to allow carriage of that cargo on all-cargo aircraft and aircraft carrying mail only;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 27

Article 3, point 29

29) "aircraft security check" means an inspection of those parts of the interior of the aircraft to which passengers may have had access, together with an inspection of the hold of the aircraft in order to detect prohibited articles and unlawful interferences with the aircraft;

29) "aircraft security check" means an inspection of those parts of the interior of the aircraft to which passengers may have had access, together with an inspection of the hold of the aircraft in order to detect prohibited articles and unlawful interferences that jeopardise the security of the aircraft;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 28

Article 3, point 30

30) "aircraft security search" means an inspection of the interior and accessible exterior of the aircraft in order to detect prohibited articles and unlawful interferences with the aircraft;

30) "aircraft security search" means an inspection of the interior and accessible exterior of the aircraft in order to detect prohibited articles and unlawful interferences that jeopardise the security of the aircraft;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 29

Article 3, point 31

31) "in-flight security officer" means a person who is employed by a State to travel on an aircraft of an air carrier licensed by it with the purpose of protecting that aircraft and its occupants against acts of unlawful interference.

31) "in-flight security officer" means a person who is employed by a Member State to travel on an aircraft of the air carrier licensed by it with the purpose of protecting that aircraft and its occupants against acts of unlawful interference that jeopardise the security of the flight.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 30

Article 4, paragraph 1

1. The common basic standards for safeguarding civil aviation against acts of unlawful interference shall be as laid down in the Annex.

1. The common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation shall be as laid down in the Annex.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 31

Article 4, paragraph 1 a (new)

 

1a. Member States and users shall share the costs of the application of the common basic standards for tackling acts of unlawful interference. In order to avoid any distortion of competition between Member States and between airports, air carriers and other entities concerned within the Community as well as between Member States and third countries, the Commission shall as soon as possible submit a proposal to introduce uniform arrangements for financing these security measures.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 32

Article 4, paragraph 2, point (h a) (new)

 

(ha) background checks.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 33

Article 4, paragraph 2 a (new)

 

2a. The detailed measures for the implementation of the common basic standards shall expire six months after their entry into force. The detailed measures may be maintained in accordance with the procedure referred to in Article 15(2), but only after a thorough re-evaluation of the security risks and a thorough evaluation of costs and operational impact associated with those measures.

Justification

Such a "sunset clause" is in line with the "Better Regulation" initiative and helps to avoid unnecessary regulatory provisions.

Amendment 34

Article 4, paragraph 3

3. The Commission shall, by amending this Regulation through a decision in accordance with the regulatory procedure with scrutiny referred to in Article 15(3), set criteria to allow Member States to derogate from the common basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.

3. The Commission shall set, in accordance with the procedure referred to in Article 15(3), criteria for allowing Member States to derogate from the common basic standards referred to in paragraph 1, and to adopt security measures that provide an adequate level of protection at airports, or demarcated areas thereof, on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, the nature of the operation and/or the frequency of operations at the airports concerned.

On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4). The Member States shall inform the Commission of these measures.

 

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 35

Article 4, paragraph 4

4. Member States shall ensure the application in their territory of the common basic standards referred to in paragraph 1. Where a Member State has reason to believe that the level of aviation security has been compromised through a security breach, it shall ensure that appropriate and prompt action is taken to rectify that breach and ensure the continuing security of civil aviation.

4. Member States shall ensure the application of the common basic standards referred to in paragraph 1.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 36

Article 4, paragraph 4 a (new)

 

4a. Each of the detailed measures and procedures for the implementation of the common basic standards referred to in paragraph 1 shall be laid down on the basis of a risk and impact assessment. The assessment shall include the estimated costs.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 37

Article 4, paragraph 4 b (new)

 

4b. Member States shall inform the Commission of those measures laid down under paragraph 2 whose financial and other costs, upon implementation of the measure, are disproportionate to the added security, if any, which the measure creates. In such instances the Commission shall allow Member States to derogate from the common basic standards in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

Amendment 38

Article 5 a (new)

 

Article 5 a

Transparency in charging

 

Where airport or on-board security costs are included in the price of an air ticket, those costs shall be shown separately on the ticket or otherwise indicated to the passenger.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 39

Article 5 b (new)

 

Article 5 b

Hypothecation of security taxes and charges

 

Security taxes and charges, whether levied by Member States or by air carriers or entities shall be transparent, shall be used exclusively to meet airport or on-board aircraft security costs and shall not exceed the costs for applying the common basic standards referred to in Article 4.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 40

Article 5 c (new)

 

Article 5 c

Action to be taken in the event of a security breach

 

Where they have reason to believe that the level of security has been compromised through a security breach, Member States shall ensure that appropriate and prompt action is taken to rectify that breach and ensure the continuing security of civil aviation.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 41

Article 5, paragraph 1

1. Member States may apply more stringent measures than the common basic standards referred to in Article 4. In doing so, they shall act on the basis of a risk assessment and in compliance with Community law. The measures shall be relevant, objective, non-discriminatory and proportional to the risk that is being addressed.

1. Member States may apply more stringent measures than the common basic standards as referred to in Article 4. In doing so, they shall act on the basis of a risk assessment and in compliance with Community law. More stringent measures shall be relevant, objective, non-discriminatory and proportional to the risk that is being addressed.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 42

Article 5, paragraph 2

2. Member States shall inform the Commission of such measures as soon as possible after their application. Upon reception of such information, the Commission shall transmit this information to the other Member States.

2. The Commission may examine the application of paragraph 1 and, after consulting the Committee referred to in Article 15, may decide whether the Member State is allowed to continue to apply the measures.

 

The Commission shall communicate its decision to the Council and the Member States.

 

Within one month of the decision being communicated by the Commission, a Member State may refer the decision to the Council. The Council, acting by qualified majority, may, within a period of three months, take a different decision.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 43

Article 5, paragraph 3

3. Member States are not required to inform the Commission if the measures concerned are limited to a given flight on a specific date.

3. Paragraph 2 shall not apply if the more stringent measures are limited to a given flight on a specific date.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 44

Article 5, paragraph 3 a (new)

 

3a. Member States shall meet the costs of applying more stringent measures, as referred to in paragraph 1.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 45

Article 6, paragraph 1

1. Without prejudice to any bilateral agreements to which the Community is a party, a Member State shall inform the Commission of security measures required by a third country if they differ from the common basic standards referred to in Article 4 in respect of flights from an airport in a Member State to, or over, that third country.

1. Without prejudice to any bilateral agreements to which the Community is a party, a Member State shall notify the Commission of measures required by a third country if they differ from the common basic standards as laid down in Article 4 in respect of flights from an airport in a Member State to, or over, that third country.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 46

Article 6, paragraph 1 a (new)

 

1a. The Commission shall cooperate with the International Civil Aviation Organisation (ICAO) in the fields which are the subject of this Regulation. To facilitate such cooperation, the Commission is authorised to conclude agreements with the ICAO for the purpose of exchanging information and mutual support in connection with audits and inspections. The Commission shall negotiate these agreements with the assistance of the Committee referred to in Article 15.

Justification

At present the Commission and the ICAO carry out their inspections and audits with very little coordination, resulting in duplication of effort and failure to synchronise their activities in Europe.

Amendment 47

Article 6, paragraph 2

2. At the request of the Member State concerned or on its own initiative, the Commission shall examine the application of any measures notified under paragraph 1 and may, in accordance with the procedure referred to in Article 15(2), draw up an appropriate response to the third country concerned.

2. At the request of the Member State concerned or on its own initiative, the Commission shall examine the application of paragraph 1 and may, in accordance with the procedure referred to in Article 15(2), and after consulting the third country, draw up an appropriate response to the third country.

 

The Commission shall communicate its decision to the Council and the Member States.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 48

Article 7, heading

Appropriate authority

National authority

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 49

Article 7 a (new)

 

Article 7a

Programmes

 

Member States, airport operators, air carriers and other entities applying aviation security standards shall be responsible for drawing up, applying and maintaining their respective security programmes in the manner set out in Articles 8 to 12.

 

Member States shall additionally perform the broad quality-control function defined in Article 13.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 50

Article 8, paragraph 2

2. The appropriate authority shall make available in writing on a "need to know" basis the appropriate parts of its national civil aviation security programme to operators and entities which it deems to have a legitimate interest.

2. The appropriate authority shall make available in writing on a "need to know" basis the appropriate parts of its national civil aviation security programme to operators and entities with a legitimate interest.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 51

Article 9, paragraph 2, subparagraph 1 and 2

2. The specifications for the national quality control programme shall be adopted by amending this Regulation through the addition of an annex in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

2. The specifications for the national quality control programme shall be adopted in accordance with the procedure referred to in Article 15(3).

On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4).

 

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 52

Article 10, paragraph 1, subparagraph 3

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is monitored by the airport operator.

The programme shall also describe how compliance with these methods and procedures is monitored by the airport operator.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 53

Article 10, paragraph 2

2. The airport security programme shall be submitted to the appropriate authority, which may take further action if appropriate.

2. The airport security programme shall be submitted to the appropriate authority.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 54

Article 11, paragraph 1

1. Every air carrier shall draw up, apply and maintain an air carrier security programme. That programme shall describe the methods and procedures which are to be followed by the air carrier in order to comply both with this Regulation and with the national civil aviation security programme of the Member State from which it provides services.

1. Every Member State shall ensure that air carriers providing services from their territory implement and maintain an air carrier security programme appropriate to meet the requirements of national civil aviation security programmes. That programme shall describe the methods and procedures which are to be followed by the air carrier in order to comply both with this Regulation and with the national civil aviation security programme of the Member State from which it provides services.

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is monitored by the air carrier.

The programme shall also describe how compliance with these methods and procedures is monitored by the air carrier.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 55

Article 11, paragraph 2

2. Upon request, the air carrier security programme shall be submitted to the appropriate authority, which may take further action if appropriate.

2. Upon request, the air carrier security programme shall be submitted to the appropriate authority.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 56

Article 11, paragraph 3

3. Where a Community air carrier security programme has been validated by the appropriate authority of the Member State granting the operating licence, the air carrier shall be recognised by all other Member States as having fulfilled the requirements of paragraph 1. This is without prejudice to a Member State's right to request from any air carrier details of its implementation of:

3. Where a Community air carrier security programme has been validated by the appropriate authority of the Member State granting the operating licence, it shall be recognised by all other Member States. Such validation and recognition shall not apply to those parts of the programme that relate to any more stringent measures that are to be applied in a Member State other than the Member State granting the operating license.

(a) the security measures applied by that Member State under Article 5; and/or

 

(b) local procedures that are applicable at the airports served.

 

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 57

Article 12, heading

Entity security programme

Security programme of a regulated agent applying aviation security standards

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 58

Article 12, paragraph 1

1. Every entity required under a national civil aviation security programme referred to in Article 8 to apply aviation security standards shall draw up, apply and maintain an entity security programme.

1. Every entity required under the national civil aviation security programme to apply aviation security standards shall draw up, apply and maintain a security programme.

That programme shall describe the methods and procedures which are to be followed by the entity in order to comply with the national civil aviation security programme of the Member State in respect of its operations in that Member State.

That programme shall describe the methods and procedures which are to be followed by the entity in order to comply primarily with the national civil aviation security programme of the relevant Member State in respect of its operations in that Member State and with this Regulation.

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is monitored by the entity.

The programme shall also describe how compliance with these methods and procedures is to be monitored by the entity itself.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 59

Article 12, paragraph 2

2. Upon request, the programme shall be submitted to the appropriate authority of the Member State concerned, which may take further action if appropriate.

2. Upon request, the security programme of the entity applying aviation security standards shall be submitted to the appropriate authority.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 60

Article 13, paragraph 1, subparagraph 1

1. The Commission, acting in cooperation with the appropriate authority of the Member State concerned, shall conduct inspections, including inspections of airports, operators and entities applying aviation security standards, in order to monitor the application by Member States of this Regulation and, as appropriate, to make recommendations to improve aviation security. For this purpose, the appropriate authority shall inform the Commission in writing of all airports in its territory serving civil aviation other than those covered by Article 4(3).

1. The Commission shall instruct the European Aviation Safety Agency, acting in cooperation with the appropriate authority of the Member State concerned, to conduct inspections - including inspections of airports, operators and entities applying aviation security standards - in order to monitor the application by Member States of this Regulation, to identify weak points in aviation security and, as appropriate, to make recommendations to improve aviation security. For this purpose, the appropriate authority shall inform the Commission in writing of all airports in its territory serving civil aviation other than those covered by the third subparagraph of Article 4(3).

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 61

Article 13, paragraph 2

2. Commission inspections of airports, operators and entities applying aviation security standards shall be unannounced. The Commission shall in good time before an inspection inform the Member State concerned thereof.

2. Commission inspections of airports, operators and other entities applying aviation security standards shall be unannounced.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 62

Article 13, paragraph 3 a (new)

 

3a. The Commission shall ensure that every European airport that falls within the scope of this Regulation is inspected at least once within ...*.

 

* Four years of the entry into force of this Regulation.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 63

Article 14, point (a)

(a) measures and procedures as referred to in Articles 4(2), 4(3), 5(1) and 6(1), if containing sensitive security information;

(a) measures and procedures as referred to in Articles 4(2) and 4(3), if containing sensitive security information;

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 64

Article 15 a (new)

 

Article 15a

Report

 

Every year the Commission shall present a report to the European Parliament, the Council, the Member States and the national parliaments, informing them of the application of this Regulation and its impact on improving air security, as well as of any weaknesses or shortcomings brought to light by the Commission’s checks and inspections.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 65

Article 15 b (new)

 

Article 15b

Stakeholders' Advisory Group

 

Without prejudice to the role of the Committee referred to in Article 15, the Commission shall establish a Stakeholders' Advisory Group on Aviation Security, composed of European representative organisations engaged in, or directly affected by, aviation security. The role of this group shall be solely to advise the Commission. The Committee referred to in Article 15 shall keep the Stakeholders' Advisory Group informed during the entire regulatory process.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 66

Article 15 c (new)

 

Article 15c

Publication of information

 

Every year the Commission shall draw conclusions from the inspection reports and publish, in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1 a report on the implementation of this Regulation and on the situation in the Community as far as aviation security is concerned.

 

1 OJ L 145, 31.5.2001, p. 43.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 67

Article 15 d (new)

 

Article 15d

Third countries

 

Agreements recognising that the security standards applied in a third country are equivalent to Community standards should be included in global aviation agreements between the Community and a third country in accordance with Article 300 of the Treaty in order to advance the goal of "one-stop security" for all flights between the European Union and third countries.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 68

Article 18, paragraph 2

It shall apply from …*, with the exception of Articles 4(2), 4(3), 9(2), 13(1) and 15, which shall apply from the date of entry into force of this Regulation.

It shall apply from ...*, with the exception of Articles 4(2), 4(3), 9(2), 13(1) and 15, which shall apply from ...**.

* Two years after the date of entry into force of this Regulation.

* One year from the date of entry into force of this Regulation.

** The date of entry into force of this Regulation.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 69

Annex, heading

COMMON BASIC STANDARDS (ARTICLE 4)

COMMON BASIC STANDARDS FOR SAFEGUARDING CIVIL AVIATION AGAINST ACTS OF UNLAWFUL INTERFERENCE (ARTICLE 4)

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 70

Annex, chapter 1 section 1.2, point 4

4. Persons, including flight crew members, shall have successfully completed a background check before either a crew identification card or an airport identification card authorising unescorted access to security restricted areas is issued to them.

4. All staff, including flight crew members, shall have successfully completed a background check before an airport or crew identification card is issued to them authorising unescorted access to security restricted areas. Identification cards may be recognised by an appropriate authority other than that which issued the identification card concerned.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 71

Annex, chapter 1 section 1.5

There shall be surveillance, patrols and other physical controls at airports and, where appropriate, in adjacent areas with public access, in order to identify suspicious behaviour of persons, to identify vulnerabilities which could be exploited to carry out an act of unlawful interference and to deter persons from committing such acts.

There shall be surveillance, patrols and other physical controls in the security restricted areas and all adjacent areas with public access, in order to identify suspicious behaviour of persons, to identify vulnerabilities which could be exploited to carry out an act of unlawful interference and to deter persons from such acts.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 72

Annex, chapter 2

Aircraft parked in demarcated areas of airports to which alternative measures referred to in Article 4(3) apply, shall be separated from aircraft to which the common basic standards apply in full, in order to ensure that security standards applied to aircraft, passengers, baggage, cargo and mail of the latter are not compromised.

Aircraft parked in demarcated areas of airports to which alternative measures referred to in the third subparagraph of Article 4(3) apply, shall be separated from aircraft to which the common basic standards as laid down in the Annex apply in full, in order to ensure that security standards applied to aircraft, passengers, baggage and cargo of the latter are not compromised.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 73

Annex, chapter 3, point 1

1. Before departure, an aircraft shall be subjected to an aircraft security check or aircraft security search in order to ensure that no prohibited articles are present on board. An aircraft in transit may be subjected to other appropriate measures.

1. If passengers disembark an aircraft, the aircraft shall be subjected to an aircraft security check before departure in order to ensure that no prohibited articles are present on board. An aircraft may be exempted from the check if it arrives from a Member State, unless the Commission or that Member State has provided information suggesting that the passengers and their cabin baggage cannot be considered as having been screened in accordance with the common basic standards referred to in Article 4.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 74

Annex, chapter 3, point 1 a (new)

 

1a. Passengers who are disembarked from an aircraft at a recognised airport due to technical issues and subsequently held in a secure zone at that airport should not be subject to re-screening.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 75

Annex, chapter 3, point 2

2. Every aircraft shall be protected from unauthorised interference.

3. Every aircraft shall be protected from unauthorised interference. The presence of aircraft in the critical parts of the security restricted area shall be deemed to be sufficient protection.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 76

Annex, chapter 3, point 2 a (new)

 

2a. Every aircraft that has not been protected from unauthorised interference shall be subjected to an aircraft search.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 77

Annex, chapter 4,section 4.1, point 2(b)

(b) they arrive from a third country where the security standards applied are recognised as equivalent to the common basic standards in accordance with the procedure referred to in Article 15(2).

(b) they arrive from a third country with which the Community has an agreement that recognises that these passengers and their cabin baggage have been screened to security standards equivalent to Community standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 78

Annex, chapter 4, section 4.1, point 3(d)

(d) they arrive from a third country where the security standards applied are recognised as equivalent to the common basic standards in accordance with the procedure referred to in Article 15(2).

(d) they arrive from a third country with which the Community has an agreement that recognises that these passengers and their cabin baggage have been screened to security standards equivalent to Community standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 79

Annex, chapter 4, section 4.2, point 2(b)

(b) the passengers arrive from a third country where the security standards applied are recognised as equivalent to the common basic standards in accordance with the procedure referred to in Article 15(2).

(b) the passengers arrive from a third country with which the Community has an agreement that recognises that these passengers have been screened to security standards equivalent to Community standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 80

Annex, chapter 5, section 5.1, point 1

1. All hold baggage shall be screened prior to being loaded onto an aircraft in order to prevent prohibited articles from being introduced into security restricted areas and on board aircraft.

1. All hold baggage shall be screened prior to being loaded onto an aircraft.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 81

Annex, chapter 5, section 5.1, point 2, (b)

(b) it arrives from a third country where the security standards applied are recognised as equivalent to the common basic standards in accordance with the procedure referred to in Article 15(2).

(b) it arrives from a third country with which the Community has an agreement that recognises that this hold baggage has been screened to security standards equivalent to Community standards.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 82

Annex, chapter 5, section 5.3, point 1

1. Each item of hold baggage shall be identified as accompanied or unaccompanied.

1. Each item of hold baggage shall be identified as accompanied or unaccompanied. The hold baggage of a passenger who has checked in for a flight but who is not on board the aircraft shall be identified as unaccompanied.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 83

Annex, chapter 5, section 5.3, point 2

2. Unaccompanied hold baggage shall not be transported, unless that baggage has been either separated due to factors beyond the passenger's control or subjected to additional security controls.

2. Unaccompanied hold baggage shall not be transported, unless that baggage has been either separated due to factors beyond the passenger’s control or subjected to adequate security controls.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 84

Annex, chapter 6, section 6.1, heading

Security controls for cargo and mail

Security controls for cargo

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 85

Annex, chapter 6, section 6.1, point 1

1. All cargo and mail shall be subjected to security controls prior to being loaded on an aircraft. An air carrier shall not accept cargo or mail for carriage on an aircraft unless it has applied such controls itself or their application has been confirmed and accounted for by a regulated agent, a known consignor or an account consignor.

1. All cargo shall be subjected to security controls prior to being loaded on an aircraft. An air carrier shall not accept cargo for carriage on an aircraft unless the application of security controls is confirmed and accounted for by another air carrier regulated agent, a known consignor or an account consignor.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 86

Annex, chapter 6, section 6.1, point 2

2. Transfer cargo and transfer mail may be subjected to alternative security controls to be detailed in an implementing act.

2. Transfer cargo shall be subjected to security controls as detailed in an implementing act. It may be exempted from security controls:

 

a) if it arrives from a Member State, unless the Commission or that Member State has provided information suggesting that the cargo cannot be considered as having been screened in accordance with the common basic standards referred to in Article 4, or

 

b) if it arrives from a third country with which the Community has an agreement that recognises that the cargo has been screened in accordance with security standards equivalent to Community standards, or

 

c) in cases detailed in an implementing act.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 87

Annex, chapter 6, section 6.2, heading

Protection of cargo and mail

Protection of cargo

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 88

Annex, chapter 6, section 6.2, point 1

1. Cargo and mail to be carried on an aircraft shall be protected from unauthorised interference from the point at which security controls are applied until the departure of the aircraft on which it is to be carried.

1. Cargo to be carried on an aircraft shall be protected from unauthorised interference from the point at which security controls are applied until the departure of the aircraft on which it is to be carried.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 89

Annex, chapter 6, section 6.2, point 2

2. Cargo and mail that are not adequately protected from unauthorised interference after security controls have been applied shall be screened.

2. Cargo that is not adequately protected from unauthorised interference after security controls have been applied shall be screened.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 90

Annex, chapter 6, section 6.2 a (new)

 

6.2a. Security controls for mail

 

1. All mail shall be subjected to security controls prior to being loaded on to an aircraft. An air carrier shall not accept mail for carriage on an aircraft unless it is confirmed that appropriate security controls for mail, as detailed in an implementing act, have been applied.

 

2. Transfer mail shall be subjected to security controls as detailed in an implementing act. It may be exempted from security controls on the basis of the exemption criteria laid down in section 5.1, point 2.

 

3. Transit mail may be exempted from security controls if it remains on board the aircraft.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 91

Annex, chapter 10, point 2

2. Appropriate security measures such as training of flight crew and cabin staff shall be taken to prevent acts of unlawful interference during a flight.

2. If, during a flight, a passenger seeks to commit an act of unlawful interference, appropriate security measures shall be taken to prevent such an act.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 92

Annex, chapter 10, point 3

3. Weapons shall not be carried in the cabin or the flight crew compartment of an aircraft, unless authorisation has been given by the States involved in accordance with their respective national laws.

3. Weapons, with the exception of those carried as declared cargo, shall not be carried on board an aircraft, unless the required security conditions have been fulfilled, and

 

a) authorisation has been given by the State granting the operating licence to the air carrier concerned, and

 

b) prior approval has been given by the States of departure and arrival and, where applicable, by any State which is flown over or in which intermediate stops are made.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 93

Annex, chapter 10, point 3 a (new)

 

3a. In-flight security officers may only be deployed on board an aircraft if the required security conditions and training have been fulfilled. Member States retain the right not to authorise the use of in-flight security officers on flights of air carriers licensed by them.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 94

Annex, chapter 10, point 4 a (new)

 

4a. Responsibilities for taking appropriate action in the event of any act of unlawful interference committed on board a civil aircraft or during a flight shall be clearly defined, without prejudice to the principle of the authority of the captain of the aircraft.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 95

Annex, chapter 11, point 2

2. Persons other than passengers requiring access to security restricted areas shall receive security training, before either an airport identification card or crew identification card is issued.

2. Persons other than passengers and escorted persons with a short term airport pass requiring access to security restricted areas shall, before either an airport identification card or crew identification card is issued, receive security training unless they are continuously escorted by one or more persons who have an airport identification card or crew identification card.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 96

Annex, chapter 12

Equipment used for screening, access control and other security controls shall be capable of performing the security controls concerned.

Equipment used for screening, access control and other security controls shall comply with approved specification and be capable of performing the security controls concerned.

Justification

Restores the position adopted by Parliament in its first reading.

Amendment 97

Annex, chapter 12 a (new)

 

12a. BACKGROUND CHECKS

 

All pilots and applicants for pilot licences for motorised aircraft shall be subject to uniform background checks which shall be repeated at regular intervals. Decisions of the appropriate authorities regarding background checks shall be taken on the basis of the same criteria.

Justification

Restores the position adopted by Parliament in its first reading.

(1)

Adopted Text, 15.6.2006, P6_TA(2006)0267.

(2)

Not yet published in OJ.


EXPLANATORY STATEMENT

The Council in its common position failed to address the question of cost sharing for aviation security and the role of national exchequers in this.

The amendments now proposed address this question by returning to the Parliament's first reading amendments. Other amendments strengthen a 'one stop' system which is more convenient for the passenger and ensure that future changes to procedures are subject to proper scrutiny.


PROCEDURE

Title

Common rules in the field of civil aviation security

References

14039/1/2006 - C6-0041/2007 - 2005/0191(COD)

Date of Parliament’s first reading – P number

15.6.2006                     T6-0267/2006

Commission proposal

COM(2005)0429 - C6-0290/2005

Date receipt of common position announced in plenary

18.1.2007

Committee responsible

       Date announced in plenary

TRAN

18.1.2007

Rapporteur(s)

       Date appointed

Paolo Costa

15.1.2007

 

 

Discussed in committee

22.1.2007

28.2.2007

10.4.2007

11.4.2007

Date adopted

11.4.2007

 

 

 

Result of final vote

+:

–:

0:

40

0

0

Members present for the final vote

Gabriele Albertini, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Rodi Kratsa-Tsagaropoulou, Sepp Kusstatscher, Jörg Leichtfried, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Paweł Bartłomiej Piskorski, Reinhard Rack, Brian Simpson, Renate Sommer, Ulrich Stockmann, Silvia-Adriana Ţicău, Yannick Vaugrenard, Armando Veneto, Lars Wohlin, Roberts Zīle

Substitute(s) present for the final vote

Guy Bono, Philip Bradbourn, Elisabeth Jeggle, Ioan Mircea Paşcu, Leopold Józef Rutowicz

Last updated: 17 April 2007Legal notice