EN Official Journal of the European Union L 105/12

COMMISSION REGULATION (EU) No 358/2010

of 23 April 2010

amending Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 establishing common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) and in particular Article 4(3) thereof,

Whereas:

(1) The restrictions on liquids, aerosols and gels carried by passengers arriving on flights from third countries and transferring at Union airports create certain operational difficulties at these airports and cause inconvenience to the passengers concerned.

(2) Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (2) provides for exemptions to the application of those restrictions to be granted if certain conditions are met. After having verified that those conditions have been met at airports in certain third countries and that those countries have a good record of cooperation with the Union and its Member States, the Commission has granted such exemptions.

(3) As Regulation (EC) No 820/2008 is repealed from 29 April 2010 and thus those exemptions will also be repealed. However, the restrictions on liquids, aerosols and gels carried by passengers arriving on flights from third countries and transferring at Union airports remain in place as provided in Regulation (EU) No 297/2010 of 9 April 2010 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security. (3)

(4) The exemptions to the application of the restrictions on liquids, aerosols and gels carried by passengers arriving on flights from third countries should therefore be extended whilst those restrictions remain in place, provided that those third countries continue to meet the conditions under which the exemptions were granted.

(5) Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (4) should therefore be amended accordingly.

(6) Regulation (EU) No 297/2010 of 9 April 2010 will apply from 29 April 2010. The entry into force of this Regulation is therefore urgent as it should apply from the same date.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 185/2010 is amended as set out in the Annex to this Regulation.

Article 2

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

It shall apply from 29 April 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 April 2010. For the Commission The President José Manuel BARROSO

(1) OJ L 97, 9.4.2008, p. 72.

(2) OJ L 221, 19.8.2008, p. 8.

(3) OJ L 90, 10.4.2010, p. 1.

(4) OJ L 55, 5.3.2010, p. 1.