EN Official Journal of the European Union L 221/8

COMMISSION REGULATION (EC) No 820/2008

of 8 August 2008

laying down measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1) and in particular Article 4(2) thereof,

Whereas:

(1) The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.

(2) Regulation (EC) No 622/2003 has been amended 14 times since its adoption. In the interests of clarity and rationality it is appropriate to consolidate all amendments into a new regulation.

(3) Article 8(1) of Regulation (EC) No 2320/2002 provides that the implementing measures adopted by the Commission pursuant to Article 4(2) of that regulation shall be secret and not be published when they relate to performance criteria and acceptance tests for equipment, to detailed procedures concerning sensitive information or to detailed criteria for exemption from security measures. Article 3 of Regulation (EC) No 622/2003 further provides that the implementing measures set out in its Annex shall be secret, not be published and be made available only to persons duly authorised by a Member State or the Commission. Subsequent amendments to Regulation (EC) No 622/2003 have stipulated that this provision will apply to such amendments.

(4) In order to improve the transparency of the implementing measures which it has adopted so far pursuant to Article 4(2) of Regulation (EC) No 2320/2002, the Commission has reviewed the measures contained in the Annex to Regulation (EC) No 622/2003, as successively amended, in the light of the criteria set out in Article 8(1) of Regulation (EC) No 2320/2002. This review has shown that many of those measures need not be kept secret and should therefore be published in the Official Journal of the European Union.

(5) It remains essential, nevertheless, to keep secret certain measures, the disclosure of which could facilitate their circumvention and the perpetration of acts of unlawful interference. Such measures include, in particular, certain detailed procedures, and exemptions therefrom, concerning the screening of vehicles entering security restricted areas, the search of aircraft and of passengers, the treatment of disruptive passengers, the screening of unaccompanied hold baggage and of hold baggage using explosive detection systems and the control of cargo and mail, as well as the technical specifications for screening equipment. These measures should be adopted separately, by means of a decision addressed to all Member States.

(6) A distinction should be permitted between airports in the light of local risk assessment. Therefore, the Commission should be informed of airports that are considered to present a smaller risk.

(7) Implementing measures should also be permitted to vary according to the type of aviation activity. The Commission should be informed when compensatory measures are applied to ensure equivalent levels of security.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

Article 1

Objective

This Regulation lays down measures for the implementation and technical adaptation of common basic standards regarding aviation security to be incorporated into national civil aviation security programmes.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

— ‘national civil aviation security programme’ shall mean those regulations, practices and procedures adopted by the Member States pursuant to Article 5 of Regulation (EC) No 2320/2002, to ensure civil aviation security on their territory,

— ‘appropriate authority’ shall mean the national authority designated by a Member State pursuant to Article 5(2) of Regulation (EC) No 2320/2002 to be responsible for the coordination and monitoring of the implementation of its national civil aviation security programme.

Article 3

The measures referred to in Article 1 are set out in the Annex.

Article 4

New technical methods and processes

1. Member States may allow a technical method or process for security controls that is used in place of those laid down in the Annex, provided that:

(a) it is being used for the purpose of evaluating a new way of performing the security control concerned; and

(b) it will not negatively affect the overall level of security being attained.

2. At least four months before its planned introduction the Member State concerned shall inform in writing the Commission and the other Member States of the proposed new method or process it intends to allow, enclosing an assessment indicating how it shall guarantee that the application of the new method or process will meet the requirement of point (b) of paragraph 1. The notification shall also contain detailed information on the location(s) where the method or process will be used and the intended length of the evaluation period.

3. If the Commission gives the Member State a positive reply, or if no reply is received within three months upon receipt of the written request, the Member State may then allow the introduction of the new method or process.

If the Commission is not satisfied that the proposed new method or process provides sufficient guarantees that the overall level of aviation security will be maintained in the Community then the Commission shall inform the Member State thereof within three months of receipt of the notification referred to in paragraph 2, explaining its concerns. In such a circumstance the Member State concerned shall not commence with the method or process until it has satisfied the Commission.

4. The maximum evaluation period for each technical method or process shall be 18 months. This evaluation period may be extended by the Commission by a maximum of a further 12 months on condition that the Member State provides adequate justification for the extension.

5. At intervals of no more than six months during the evaluation period, the appropriate authority in the Member State concerned shall provide the Commission with a progress report on the evaluation. The Commission shall inform the other Member States of the contents of the progress report.

6. No evaluation period may be longer than 30 months.

Article 5

Notification

Member States shall inform the Commission in writing of all airports in respect of which they have availed themselves of the option permitted under either point (a) or point (c) of Article 4(3) of Regulation (EC) No 2320/2002.

Article 6

Compensatory measures

Member States shall inform the Commission in writing of compensatory measures that are applied in accordance with point 4.2 of the Annex to Regulation (EC) No 2320/2002.

Article 7

Commission Regulation (EC) No 622/2003 is repealed.

Article 8

This Regulation shall enter into force on the day following 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 Brussels, 8 August 2008. For the Commission Antonio TAJANI Vice-President

(1) 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, as corrected by OJ L 229, 29.6.2004, p. 3).

(2) OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 358/2008 (OJ L 111, 23.4.2008, p. 5).