COMMUNICATION FROM THE COMMISSION - Co-ordinated answer by Member States to the ICAO document AN 11/1.3.16-02/23 on new protection standards for flight crew compartment doors

1- BACKGROUND

Following the tragic events of September 11, 2001, where terrorist acts were made possible by accessing flight crew compartment and commandeering control of the aircraft, International Civil Aviation Organisation, Member States regulators and the global aviation industry have worked jointly to develop new protection standards for flight crew compartment doors and prevent these events from re-occurring.

During the extra-ordinary ICAO Ministerial Conference in Montreal on February 19-20, 2002, a unanimous consensus was reached on future aviation security measures to be undertaken by the ICAO contracting Member States, including the protection of flight crew compartments. The preparatory work and agreements reached during the ICAO Ministerial Conference, culminated by adoption of the ICAO Council of the security measures for protection of flight crew compartment by means of adopting amendment 27 to Annex 6.

The Commission considers, that the ICAO Amendment 27 concerning strengthening of standards of protection of flight crew compartment may, at a later stage, be complementing the Community Regulation on establishing common rules in the field of civil aviation security.

During the ICAO Ministerial Conference, the Community and Member States took a position in favour of strengthening standards of in-flight security. In line with this position, the ICAO Council adopted new standards in regard to the protection of flight crew compartments.

The Contracting States are now required to notify their position to the amendment 27 subject to the following timelines:

1. Any Contracting States wishing to register disapproval shall do so by July 15th 2002; and

2. Any Contracting State wishing to file any differences shall do so by October 28th 2002

2- ASSESTMENT OF THE PROPOSED ACTION

It is essential to adopt the ICAO standards on the protection of flight crew compartment in order to prevent unauthorised entry to flight crew compartment, not only demonstrated during the events of September 11, but also during other previous events. The ICAO amendment 27 to Annex 6 is setting a new standard in in-flight security and complies with aircraft safety requirements.

The implementation time table proposed by ICAO for amendment 27 allows sufficient period to address the particularities of practical requirements with compliance which would lead to reduction of the financial impact on the aircraft operators.

A joint reaction of support of all Community Member States to ICAO is required in order to prevent any deferment of the established time table. A deviation from the ICAO time table and the content of the proposed rulemaking may have significant consequences and may lead to delays in certification and mutual recognition of aircraft certificates among Community Member States, as well as certification of aircraft from third countries.

As a consequence of the approval of the ICAO Amendment 27 to Annex 6, the appropriate Member States authorities will have to make amendments to the existing EU standards, based upon developed regulations (JARS's) by Joint Aviation Authorities, in order to facilitate the balance requirements between aircraft safety and security.

3- CONCLUSION

The Commission requests Member States to support the proposed amendment 27 to Annex 6 concerning protection of flight crew compartment, as indicated during the ICAO Ministerial Conference in February 2002, in order to support the Community interest in the field of aviation security would be harmed should Member States deviate from previously granted support.

The Commission urges therefore Member States to respond positively to the ICAO letter no. AN 11/1.3.16-02/23 in order to harmonise and strengthen the aviation security.

In the absence of the Community membership in ICAO, the Commission recalls the obligation to co-ordinate positions of the Member States on issues falling within Community competence or being of common interest and discussed before the appropriate bodies of ICAO. As consequence, any intention to deviate from the proposed amendment 27 to Annex 6 should be subject to prior co-ordination at Community level.