Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (Text with EEA relevance)
Date: 2003-04-04
Institutions: European Commission
Subjects: air safety, approximation of laws, civil aviation, technical specification

5.4.2003

EN

Official Journal of the European Union

L 89/9

COMMISSION REGULATION (EC) No 622/2003

of 4 April 2003

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,

the
Having regard to Regulation (EC) No 2320/2002 of
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)

(2)

(3)

(4)

(5)

The Commission is required to adopt measures for the
implementation of common basic standards for aviation
security throughout the European Union. A Regulation
is the most suitable instrument for this purpose.

In accordance with Regulation (EC) No 2320/2002 and
in order to prevent unlawful acts, the measures laid
down in annex to this Regulation should be secret and
not be published.

For this purpose it is necessary to permit a distinction
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.

Implementing measures should also be permitted to vary
according to the type of aviation activity. The Commis-
sion should be informed when compensatory measures
are applied to ensure equivalent levels of security.

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

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 terri-
tory,

— ‘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

Confidentiality

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

Those measures shall be secret and shall not be published. They
shall be made available only to persons duly authorised by a
Member State or the Commission.

Article 4

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 5

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) 2320/2002.

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

Article 6

(1) OJ L 355, 30.12.2002, p. 1.

This Regulation shall enter into force on 19 April 2003.

L 89/10

EN

Official Journal of the European Union

5.4.2003

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

Done at Brussels, 4 April 2003.

For the Commission

Loyola DE PALACIO

Vice-President

ANNEX

DETAILED MEASURES FOR AVIATION SECURITY

In accordance with Article 3 the Annex is secret and shall not be published in the Official Journal of the European Union.