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I
(Acts whose publication is obligatory)
REGULATION (EC) No 849/2004 OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL
of 29 April 2004
amending Regulation (EC) No 2320/2002
establishing common rules in the field of civil aviation security
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND TH E COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty esta blishing the European Community, a nd 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,
After consulting the Committee of the Regions,Acting in accordance with th e procedure laid down in Article 251 of the Treaty 
2,
                                                
1Opinion delivered on 28 Janu ary 2004 (not yet published in  the Official Journal).
2Opinion of the European Parliament of 11 March 2004 (not yet published in the Official
Journal), Council Deci sion of 29 April 2004.
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Whereas:
(1) Regulation (EC) No 2320/2002 1 establishes harmonised common rules in the field of civil
aviation security.
(2) The application of Regulation (EC) No 2320/2002 has demonstrated that there is a need for
technical amendments.  These amendments do not seek to change the scope of the Regulation,
nor do they prejudice in any way the se curity of civil aviation passengers.
(3) Regulation (EC) No 2320/2002 permits different but  adequate levels of security to be set at
the smallest airports.  It is consistent to perm it the same adequate leve ls of security at both
ends of a flight.
(4) Regulation (EC) No 2320/2002 should be amended accordingly,HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) 2320/2002 is hereby amended as follows:1) The following definition shall be added to Article 2:
"(4) "demarcated area" shall mean an area that is separated from other security restricted
areas of an airport by means of access control.";
                                                
1OJ L 355, 30.12.2002, p. 1.
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2) Article 4 shall be amended as follows:
– paragraph 3 shall be replaced by the following:"3.   The appropriate authority of a Member St ate may, on the basis of a local risk assessment,
and where the application of  the security measures specified in the Annex may be
disproportionate, or where they cannot be impl emented for objective practical reasons, adopt
national security measures to provide an adequate level of pr otection, at airports,:
(a) with a yearly average of no more th an 2 commercial flights per day; or
(b) with only general aviation flights; or(c) with commercial activity limited to aircra ft with less than 10 tonnes of Maximum Take
Off Weight (MTOW) or fewer than 20 seats,
taking into account the particular ities of such small airports.
The Member State concerned shall inform  the Commission of these measures.";
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– the following paragraph shall be inserted:
"3(a)   Paragraph 3 may also apply to  demarcated areas of airports with:
(a) only general aviation flights; or(b) with commercial activity limited to aircra ft with less than 10 tonnes MTOW or fewer
than 20 seats.
A demarcated area shall be indicated in the airport security programme.
Each flight originating from a demarcated area of  an airport shall indicate this fact to the
destination airport in advance of  the arrival of the flight.";
3) in Article 7 the words "audited", "audits", "audi tors" and "audit reports" shall be replaced by
"monitored", "compliance monitoring activitie s", "persons" and "compliance monitoring
reports" respectively.;
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4) the Annex shall be amended as follows:
– in point 5.2 the following pa ragraph shall be added:
"3. Exemptions
Hold baggage of those parties listed unde r point 4.1, paragraph 3, may be subject to
special screening measures or exempt from screening.";
– in point 7.3, paragraph 1(b), the final phrase shall be replaced by:
"so as reasonably to ensure that it does not  contain any prohibite d article as listed in
points (iv) and (v) of the Attachment, unless it has been declared and properly subjected
to applicable safety measures; and".
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Article 2
This Regulation shall enter into force on the twentie th day following that of  its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 29 April 2004.
For the European Parliament For the Council
The President The President
P. COX M. McDOWELL