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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

Texts adopted
WORD 134k
Wednesday, 25 April 2007 - Strasbourg Final edition
Common rules in the field of civil aviation security ***II
P6_TA(2007)0142A6-0134/2007
Resolution
 Consolidated text

European Parliament legislative resolution of 25 April 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))

(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.

(1) Texts Adopted , 15.6.2006, P6_TA(2006)0267.
(2) Not yet published in OJ.


Position of the European Parliament adopted at second reading on 25 April 2007 with a view to the adoption of Regulation (EC) No .../2007 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
P6_TC2-COD(2005)0191

(Text with EEA relevance)

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2) ,

Whereas:

(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.

(2)  It is desirable, in the interests of civil aviation security generally, to provide the basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation of 7 December 1944.

(3)  Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security(3) was adopted as a result of the events of 11 September 2001 in the United States.

(4)  The content of Regulation (EC) No 2320/2002 should be revised in the light of the experience gained, and the Regulation itself should be repealed and replaced by this Regulation seeking the simplification, harmonisation and clarification of the existing rules and the improvement of the levels of security.

(5)  Given the need for more flexibility in adopting security measures and procedures in order to meet evolving risk assessments and to allow new technologies to be introduced, this Regulation should lay down the basic principles of what has to be done in order to safeguard civil aviation against acts of unlawful interference without going into technical and procedural details on how they are to be implemented.

(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.

(7)  Without prejudice to the Convention on offences and certain other acts committed on board aircraft, Tokyo, 1963, the Convention for the suppression of unlawful seizure of aircraft, The Hague, 1970 and the Convention for the suppression of unlawful acts against the safety of civil aviation, Montreal, 1971, this Regulation should also cover security measures that apply on board an aircraft, or during a flight, of Community air carriers.

(8)  Each Member State may decide for itself whether to deploy in-flight security officers on aircraft registered in that Member State and on aircraft of air carriers licensed by that Member State.

(9)  The various types of civil aviation do not necessarily present the same level of threat. In setting common basic standards on aviation security, the size of the aircraft, the nature of the operation and/or the frequency of operations at airports should be taken into account with a view to permitting the grant of derogations.

(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. A distinction should be drawn, however, between common basic standards and more stringent measures and a similar distinction should be drawn as regards their funding.

(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 and to decide whether a Member State, operator or other entity concerned may continue to apply the measures required .

(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 .

(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 this Regulation and with whichever national civil aviation security programme is applicable.

(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 level of civil aviation security.

(15)  In order to monitor the application by Member States of this Regulation, and also to make recommendations to improve aviation security, the Commission should conduct inspections, including unannounced inspections.

(16)  In the context of the forthcoming extension of its competences, the European Aviation Safety Agency should gradually become involved in the monitoring of compliance with common provisions on civil aviation security.

(17)  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 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(4) . Those items should not be published; they should only be made available to those operators and entities with a legitimate interest.

(18)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5) .

(19)  In particular, power should be conferred on the Commission to establish the conditions under which the measures referred to in Articles 4(5) and 13(2) are to be adopted. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(20)  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 the conclusion of agreements between the Community and third countries, recognising that the security standards applied in the third country are equivalent to Community standards.

(21)  The goal of "one-stop security" for all flights within the European Union should be advanced.

(22)  This Regulation is without prejudice to the application of rules on aviation safety, including those relating to the transport of dangerous goods.

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

(24)  The Ministerial Statement on Gibraltar Airport, agreed in Cordoba on 18 September 2006 during the first Ministerial meeting of the Forum of Dialogue on Gibraltar, will replace the Joint Declaration on Gibraltar Airport made in London on 2 December 1987, and full compliance with it will be deemed to constitute compliance with the 1987 Declaration.

(25)  Consideration should be given to the setting up of a solidarity mechanism that could offer assistance following terrorist acts that have a major impact in the transport field.

(26)  Since the objectives of this Regulation, namely to safeguard civil aviation against acts of unlawful interference and to provide a basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

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

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

2.  The means of achieving the objectives set out in paragraph 1 shall be:

   a) the setting of common rules and common basic standards on aviation security;
   b) mechanisms for monitoring compliance.

Article 2

Scope

1.  This Regulation shall apply to the following:

   a) all airports or parts of airports serving civil aviation located in the territory of a Member State;
   b) all operators, including air carriers, providing services at airports referred to in point (a);
   c) all entities applying aviation security standards that operate from premises located inside or outside airport premises and provide goods and/or services to or through airports referred to in point (a).

2.  The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

Article 3

Definitions

For the purposes of this Regulation:

   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 Chicago Convention on International Civil Aviation;
   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 ;
   3) "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;
   4) "operator" means a person, organisation or enterprise engaged, or offering to engage, in an air transport operation;
   5) "air carrier" means an air transport undertaking holding a valid operating licence or equivalent;
   6) "Community air carrier" means an air carrier holding a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(6) ;
   7) "entity" means a person, organisation or enterprise, other than an operator;
   8) "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 ;
   9) "screening" means the application of technical or other means which are intended to identify and/or detect prohibited articles;
   10) "security control" means the application of means by which the introduction of prohibited articles may be prevented;
   11) "access control" means the application of means by which the entry of unauthorised persons or unauthorised vehicles, or both, may be prevented;
   12) "airside" means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is restricted;
   13) "landside" means those parts of an airport, adjacent terrain and buildings or portions thereof that are not airside;
   14) "security restricted area" means that area of airside where, in addition to access being restricted, access control is applied;
   15) "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;
   16) "background check" means a verifiable check of a person's identity, including any criminal history and intelligence data ;
   17) "transfer passengers, baggage, cargo or mail" means passengers, baggage, cargo or mail departing on an aircraft other than that on which they arrived;
   18) "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 ;
   19) "potentially disruptive passenger" means a passenger who is either a deportee, a person deemed to be inadmissible for immigration reasons or a person in lawful custody;
   20) "cabin baggage" means baggage intended for carriage in the cabin of an aircraft;
   21) "hold baggage" means baggage intended for carriage in the hold of an aircraft;
   22) "accompanied hold baggage" means baggage, carried in the hold of an aircraft, which has been checked in for a flight by a passenger travelling on that same flight;
   23) "air carrier mail" means mail whose origin and destination are both an air carrier;
   24) "air carrier materials" means materials either whose origin and destination are both an air carrier or that are used by an air carrier;
   25) "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) ;
   26) "cargo" means any property intended for carriage on an aircraft, other than baggage, mail, air carrier mail, air carrier materials and in-flight supplies;
   27) "regulated agent" means an air carrier, agent, freight forwarder or any other entity that ensures security controls in accordance with this Regulation in respect of cargo or mail;
   28) "known consignor" means a consignor who originates cargo or mail and whose procedures meet common security rules and standards sufficient to allow carriage of cargo or mail on any aircraft;
   29) "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 ;
   30) "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;
   31) "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;
   32) "in-flight security officer" means a person who is employed by a Member 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 that jeopardise the security of the flight .

Article 4

Common basic standards

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

2.  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.

3.  Detailed measures for the implementation of the common basic standards referred to in paragraph 1 shall be laid down in accordance with the regulatory procedure referred to in Article 19(2) .

These measures shall, in particular, concern:

   a) methods of screening, access control and other security controls;
   b) methods of performing aircraft security checks and aircraft security searches;
   c) prohibited articles;
   d) performance criteria and acceptance tests for equipment;
   e) staff recruitment and training requirements;
   f) the definition of critical parts of security restricted areas;
   g) the obligations of, and the validation procedures for, regulated agents, known consignors and account consignors;
   h) categories of persons, goods and aircraft that for objective reasons shall be subject to special security procedures or shall be exempted from screening, access control or other security controls;
   i) background checks.

4.  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 regulatory procedure referred to in Article 19(2), but only after a thorough re-evaluation of the security risks and a thorough evaluation of the costs and operational impact associated with those measures.

5.  The Commission shall set, in accordance with the regulatory procedure with scrutiny referred to in Article 19(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 .

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

7.  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 estimated costs.

8.  Member States shall inform the Commission of those measures laid down under paragraph 3 the financial and other costs of which, upon implementation of the measure, are disproportionate to the added security, if any, which the measure establishes. 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 19(3).

Article 5

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.

Article 6

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 of applying the common basic standards referred to in Article 4.

Article 7

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.

Article 8

More stringent measures applied by Member States

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. More stringent measures shall be relevant, objective, non-discriminatory and proportional to the risk that is being addressed.

2.  The Commission may examine the application of paragraph 1 and, after consulting the Committee referred to in Article 19, 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.

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

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

Article 9

Security measures required by third countries

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 referred to in Article 4 in respect of flights from an airport in a Member State to, or over, that third country.

2.  The Commission shall cooperate with the International Civil Aviation Organization (ICAO) in fields falling within the scope 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 those agreements with the assistance of the Committee referred to in Article 19.

3.  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 regulatory procedure referred to in Article 19(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.

4.  Paragraphs 1 and 2 shall not apply if:

   a) the Member State concerned applies the measures concerned in accordance with Article 8 ; or
   b) the requirement of the third country is limited to a given flight on a specific date.

Article 10

National authority

Where, within a single Member State, two or more bodies are involved in civil aviation security, that Member State shall designate a single authority (hereinafter referred to as "the appropriate authority") to be responsible for the coordination and monitoring of the implementation of the common basic standards referred to in Article 4.

Article 11

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 12 to 16.

Member States shall additionally perform the broad quality-control function defined in Article 17.

Article 12

National civil aviation security programme

1.  Every Member State shall draw up, apply and maintain a national civil aviation security programme.

That programme shall define responsibilities for the implementation of the common basic standards referred to in Article 4 and shall describe the measures required by operators and entities for this purpose.

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.

Article 13

National quality control programme

1.  Every Member State shall draw up, apply and maintain a national quality control programme.

That programme shall enable the Member State to check the quality of civil aviation security in order to monitor compliance both with this Regulation and with its national civil aviation security programme.

2.  The specifications for the national quality control programme shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

The programme shall allow for the swift detection and correction of deficiencies. It shall also provide that all airports, operators and entities responsible for the implementation of aviation security standards that are located in the territory of the Member State concerned shall be regularly monitored directly by, or under the supervision of, the appropriate authority.

Article 14

Airport security programme

1.  Every airport operator shall draw up, apply and maintain an airport security programme.

That programme shall describe the methods and procedures which are to be followed by the airport operator in order to comply both with this Regulation and with the national civil aviation security programme of the Member State in which the airport is located.

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

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

Article 15

Air carrier security programme

1.  Every Member State shall ensure that air carriers providing services from their territory implement and maintain an air carrier security programme appropriate to meeting 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 also describe how compliance with these methods and procedures is monitored by the air carrier.

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

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 licence.

Article 16

Security programme of a regulated agent applying aviation security standards

1.  Every regulated agent required under the national civil aviation security programme referred to in Article 12 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 regulated agent 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 also describe how compliance with these methods and procedures is to be monitored by the regulated agent itself .

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

Article 17

Commission inspections

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 Article 4(5) .

The procedures for conducting Commission inspections shall be adopted in accordance with the regulatory procedure referred to in Article 19(2) .

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

3.  Each Commission inspection report shall be communicated to the appropriate authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy any identified deficiencies.

The report, together with the answer of the appropriate authority, shall subsequently be communicated to the appropriate authority of the other Member States.

4.  The Commission shall ensure that every European airport that falls within the scope of this Regulation is inspected at least once before ... (7) .

Article 18

Dissemination of information

The following documents shall be regarded as "EU classified documents" for the purposes of Decision 2001/844/EC, ECSC, Euratom, and shall not be placed in the public domain:

   a) measures and procedures as referred to in Articles 4(3) and 4(5) , if containing sensitive security information;
   (b) Commission inspection reports and answers of the appropriate authorities, as referred to in Article 17(3) .

Article 19

Committee procedure

1.  The Commission shall be assisted by a Committee.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3.  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof .

Article 20

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.

Article 21

Stakeholders' Advisory Group

Without prejudice to the role of the Committee referred to in Article 19, 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 19 shall keep the Stakeholders' Advisory Group informed during the entire regulatory process.

Article 22

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 documents (8) a report on the implementation of this Regulation and on the situation in the Community as far as aviation security is concerned.

Article 23

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.

Article 24

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 25

Repeal

Regulation (EC) No 2320/2002 is hereby repealed.

Article 26

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from …(9) , with the exception of Articles 4(3), 4(5), 13(2), 17(1) and 19 , which shall apply from ...(10) *.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

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

1.  AIRPORT SECURITY

1.1.  Airport planning requirements

1.  When designing and constructing new airport facilities or altering existing airport facilities, requirements for the implementation of the common basic standards set out in this Annex and its implementing acts shall be fully taken into account.

2.  At airports the following areas shall be established:

   a) landside;
   b) airside;
   c) security restricted areas; and
   d) critical parts of security restricted areas.

1.2.  Access control

1.  Access to airside shall be restricted in order to prevent unauthorised persons and vehicles from entering these areas.

2.  Access to security restricted areas shall be controlled in order to ensure that no unauthorised persons and vehicles enter these areas.

3.  Persons and vehicles may be granted access to airside and security restricted areas only if they fulfil the required security conditions.

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.

1.3.  Screening of persons other than passengers and items carried

1.  Persons other than passengers, together with items carried, shall be screened on a continuous random basis upon entering security restricted areas in order to prevent prohibited articles from being introduced into these areas.

2.  All persons other than passengers, together with items carried, shall be screened upon entering critical parts of security restricted areas in order to prevent prohibited articles from being introduced into these parts.

1.4.  Examination of vehicles

Vehicles entering a security restricted area shall be examined in order to prevent prohibited articles from being introduced into these areas.

1.5.  Surveillance, patrols and other physical controls

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.

2.  DEMARCATED AREAS OF AIRPORTS

Aircraft parked in demarcated areas of airports to which alternative measures referred to in Article 4(5) apply, shall be separated from aircraft to which these common basic standards apply in full, in order to ensure that security standards applied to aircraft, passengers, baggage and cargo of the latter are not compromised.

3.  AIRCRAFT SECURITY

1.  If passengers disembark from 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 .

2.  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.

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.

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

4.  PASSENGERS AND CABIN BAGGAGE

4.1.  Screening of passengers and cabin baggage

1.  All originating, transfer and transit passengers and their cabin baggage shall be screened in order to prevent prohibited articles from being introduced into security restricted areas and on board an aircraft.

2.  Transfer passengers and their cabin baggage may be exempted from screening, if:

   a) they arrive from a Member State, unless the Commission or that Member State has provided information that those passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   b) they arrive from a third country with which the Community has an agreement that recognises that those passengers and their cabin baggage have been screened to security standards equivalent to Community standards .

3.  Transit passengers and their cabin baggage may be exempted from screening, if:

   a) they remain on board the aircraft; or
   b) they do not mix with screened departing passengers other than those who board the same aircraft; or
   c) they arrive from a Member State, unless the Commission or that Member State has provided information that those passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   d) they arrive from a third country with which the Community has an agreement that recognises that those passengers and their cabin baggage have been screened to security standards equivalent to Community standards .

4.2.  Protection of passengers and cabin baggage

1.  Passengers and their cabin baggage shall be protected from unauthorised interference from the point at which they are screened until departure of the aircraft on which they are carried.

2.  Screened departing passengers shall not mix with arriving passengers, unless:

   a) the passengers arrive from a Member State, provided that the Commission or that Member State has not provided information that those arriving passengers and their cabin baggage cannot be considered as having been screened to the common basic standards; or
   b) the passengers arrive from a third country with which the Community has an agreement that recognises that those passengers have been screened to security standards equivalent to Community standards .

4.3.  Potentially disruptive passengers

Before departure potentially disruptive passengers shall be subjected to appropriate security measures.

5.  HOLD BAGGAGE

5.1.  Screening of hold baggage

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

2.  Transfer hold baggage may be exempted from screening, if:

   a) it arrives from a Member State, unless the Commission or that Member State has provided information that this hold baggage cannot be considered as having been screened to the common basic standards; or
   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 .

3.  Transit hold baggage may be exempted from screening if it remains on board the aircraft.

5.2.  Protection of hold baggage

Hold baggage to be carried on an aircraft shall be protected from unauthorised interference from the point at which it is screened or accepted into the care of the air carrier, whichever is earlier, until the departure of the aircraft on which it is to be carried.

5.3.  Baggage reconciliation

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.

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.

6.  CARGO AND MAIL

6.1.  Security controls for cargo

1.  All cargo shall be subjected to security controls prior to being loaded onto 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 a regulated agent, a known consignor or an account consignor.

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.

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

6.2.  Protection of cargo

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.

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

6.3.  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, paragraph 2.

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

7.  AIR CARRIER MAIL AND AIR CARRIER MATERIALS

Air carrier mail and air carrier materials shall be subjected to security controls and thereafter protected until loaded onto the aircraft in order to prevent prohibited articles from being introduced on board an aircraft.

8.  IN-FLIGHT SUPPLIES

In-flight supplies, including catering, intended for carriage or use on board an aircraft shall be subjected to security controls and thereafter protected until loaded onto the aircraft in order to prevent prohibited articles from being introduced on board an aircraft.

9.  AIRPORT SUPPLIES

Supplies intended to be sold or used in security restricted areas of airports, including supplies for duty-free shops and restaurants, shall be subjected to security controls in order to prevent prohibited articles from being introduced into these areas.

10.  IN-FLIGHT SECURITY MEASURES

1.  Without prejudice to the applicable aviation safety rules:

   a) unauthorised persons shall be prevented from entering the flight crew compartment during a flight;
   b) potentially disruptive passengers shall be subjected to appropriate security measures 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 .

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.

4.  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.

5.  Paragraph 3 shall also apply to in-flight security officers if they carry weapons.

6.  Responsibility 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.

11.  STAFF RECRUITMENT AND TRAINING

1.  Persons implementing, or responsible for implementing, screening, access control or other security controls shall be recruited, trained and, where appropriate, certified so as to ensure that they are suitable for employment and competent to undertake the duties to which they are assigned.

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 .

3.  Training as mentioned in paragraphs 1 and 2 shall be conducted on initial and recurrent basis.

4.  Instructors engaged in the training of the persons mentioned in paragraphs 1 and 2 shall have the necessary qualifications.

12.  SECURITY EQUIPMENT

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

13.  BACKGROUND CHECKS

All pilots of 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.

(1) OJ C 185, 8.8.2006, p. 17.
(2) Position of the European Parliament of 15 June 2006 (not yet published in the Official Journal), Council Common Position of 11 December 2006 (OJ C 70 E, 27.3.2007, p. 21 ) and Position of the European Parliament of 25 April 2007 .
(3) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).
(4) OJ L 317, 3.12.2001, p. 1.
(5) OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(6) OJ L 240, 24.8.1992, p. 1.
(7)* Four years after the entry into force of this Regulation.
(8) OJ L 145, 31.5.2001, p. 43.
(9)* One year from the date of entry into force of this Regulation.
(10)** The date of entry into force of this Regulation .

Last updated: 8 February 2011Legal notice