Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security (Text with EEA relevance)
Date: 2003-08-22
Institutions: European Commission
Subjects: air safety, air traffic control, civil aviation, common transport policy, transport safety

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1486/2003

of 22 August 2003

laying down procedures for conducting Commission inspections in the field of civil aviation
security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Having regard to Regulation (EC) No 2320/2002 of
the
European Parliament and of the Council of 16 December 2002
in the field of civil aviation
establishing common rules
security (1), and in particular Article 7(2) thereof,

Article 1

Subject matter

Whereas:

(1)

(2)

(3)

(4)

(5)

In order to monitor the application by Member States of
Regulation (EC) No 2320/2002 the Commission should
conduct inspections starting six months after the entry
into force of that Regulation. The organisation of inspec-
tions under the supervision of the Commission is needed
to verify the effectiveness of national civil aviation
security quality-control programmes.

The Commission should coordinate with the Member
States the schedule and preparation of Commission
inspections. Its inspection teams should include qualified
national auditors made available by the Member States.

Commission inspections should be carried out according
to a set procedure, including a standard methodology.

Sensitive information relating to inspections should be
treated as classified information.

The Commission should take into account the activities
of Member States and examine the activities, procedures,
training programmes and facilities of intergovernmental
organisations to make the most efficient use of technical
knowledge and resources, and to achieve a harmonised,
cooperative approach in the field of civil aviation
security, wherever possible.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee instituted
by Article 9(1) of Regulation (EC) No 2320/2002,

This Regulation lays down procedures for conducting Commis-
sion inspections to monitor the application by Member States
of Regulation (EC) No 2320/2002 at the level of each Member
State and each individual airport.

The inspections shall be conducted in a transparent, effective,
harmonised and consistent manner.

Article 2

Definitions

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

1.

2.

3.

4.

5.

6.

7.

‘appropriate authority’ means the national authority desig-
nated by a Member State pursuant to Article 5(2) of Regula-
tion (EC) No 2320/2002;

‘Commission inspection’ means an examination by Commis-
sion inspectors of existing quality controls and civil aviation
security measures, procedures and structures to determine
compliance with Regulation (EC) No 2320/2002;

‘Commission inspector’ means an appropriately qualified
person employed by the Commission or a national auditor
mandated by the Commission to conduct civil aviation
security inspections;

‘Committee’ means the Committee instituted by Article 9(1)
of Regulation (EC) No 2320/2002;

‘deficiency’ means failure to comply with the requirements
laid down in Regulation (EC) No 2320/2002;

‘national auditor’ means a person employed by a Member
State and qualified as a civil aviation security auditor in
accordance with Article 10 of Commission Regulation (EC)
No 1217/2003 (2);

‘test’ means a trial of civil aviation security measures, where
to commit unlawful action is simulated for the
intent
purpose of
testing efficiency in the implementation of
existing security measures.

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

(2) OJ L 169, 8.7.2003, p. 44.

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CHAPTER II

GENERAL REQUIREMENTS

That list shall be updated, at least by the end of June each year,
and for the first time within two months of the entry into force
of this Regulation.

Article 3

Cooperation of Member States

prejudice

to Commission

responsibilities,
1. Without
Member States shall cooperate with the Commission in the
accomplishment of its inspection tasks. This cooperation shall
be effective during the preparatory, control and reporting
phases.

The Commission shall communicate to the Committee

4.
the lists referred to in paragraph 3.

5.
The Commission shall, at least two months before the
Commission inspection is due to commence, request from the
appropriate authority information as to the availability of
national auditors for the conduct of that inspection.

6.
The expenses arising from the participation of national
auditors in Commission inspections shall, in compliance with
Community rules, be met by the Commission.

2. Member States shall take all necessary steps to ensure that
notification of an inspection is kept confidential
in order to
ensure that the inspection process is not compromised.

Article 6

Article 4

Exercise of Commission powers

Qualification criteria for Commission inspectors

In order to qualify for Commission inspections, Commis-

1.
sion inspectors shall have successfully completed training.

1.
Each Member State shall ensure that Commission inspec-
tors are able to exercise their authority to inspect the civil avia-
tion security activities of the appropriate authority under Regu-
lation (EC) No 2320/2002 and of any other entity subject to
that Regulation.

This training shall:

(a) be accredited by the Commission;

(b) be initial and recurrent;

2.
Each Member State shall ensure that, upon request,
Commission inspectors have access to all the following docu-
mentation:

(a) the national civil aviation security programme,

including

the national civil aviation security training programme;

(b) the

national

civil

aviation

security

quality-control

programme;

(c) identified airport and air carrier security programmes;

(d) the results of the audits referred to in Article 7(1) of Regu-

lation (EC) No 2320/2002.

3. Wherever Commission inspectors encounter difficulties in
the execution of their duties, the Member States concerned
shall by any means within their
the
Commission to accomplish in full its task.

legal powers assist

(c) ensure a standard of performance adequate

the
purposes of controlling whether security measures are
implemented in accordance with Regulation (EC) No 2320/
2002.

for

2.
The Commission shall ensure that Commission inspectors
fulfil the criteria set out in paragraph 1 and that they have
sufficient theoretical and practical experience.

CHAPTER III

PROCEDURES

FOR THE CONDUCT OF COMMISSION

INSPECTIONS

Article 7

Notification of inspections

Article 5

Participation

of

national

auditors

in Commission

inspections

1. Member States shall make available to the Commission
national auditors able to participate in Commission inspections
as well as in related preparatory and reporting phases.

A national auditor shall not participate in Commission

2.
inspections in the Member State where he is employed.

The Commission shall give at least two months' notice of
1.
an inspection to the appropriate authority in whose territory it
is to be conducted.

2. When an airport is to be inspected, the Commission shall
notify the appropriate authority accordingly.

3. When giving notice of an inspection to the appropriate
authority, the Commission shall communicate a pre-inspection
questionnaire, for completion by the appropriate authority, and
a request for the documents enumerated in Article 4(2).

3. Member States shall provide the Commission with a list
of national auditors on whom the Commission may call to
participate in a Commission inspection.

The completed questionnaire and the documents requested
shall be submitted to the Commission within six weeks of
receipt of the inspection notification.

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Article 8

3. When assessing the implementation of Regulation (EC)
No 2320/2002, the following classifications shall apply:

Preparation of inspections

(a) fully compliant;

Commission inspectors shall undertake preparatory activ-
1.
ities in order to ensure efficiency, accuracy and consistency of
inspections.

(b) compliant, but improvement desirable;

(c) not compliant, with minor deficiencies;

The Commission shall provide the appropriate authority
2.
with the names of the Commission inspectors mandated to
conduct an inspection, and other details as appropriate.

For each inspection the appropriate authority shall desig-
3.
nate a coordinator who shall make the practical arrangements
associated with the inspection activity to be undertaken.

Article 9

Conduct of inspections

1.
A standard methodology shall be used to monitor compli-
ance with the civil aviation security requirements laid down in
Regulation (EC) No 2320/2002.

(d) not compliant, with serious deficiencies;

(e) not applicable;

(f) not confirmed.

Article 11

Answer of the appropriate authority

Within three months of the date of dispatch of an inspection
report, the appropriate authority shall submit in writing to the
Commission an answer to the report which:

(a) addresses the findings and recommendations;

(b) provides an action plan, specifying actions and deadlines,

to remedy any identified deficiencies.

2. Member States shall ensure that Commission inspectors
are accompanied at all times during the inspection.

Where the inspection report
answer shall be required.

identifies no deficiencies, no

Commission inspectors

shall carry an identity card
3.
authorising inspections on behalf of the Commission and an
airport identification card allowing access to all areas required
for inspection purposes.

Tests shall only be performed after advance notification
in close coordination with the authority, to

4.
and agreement,
ensure their security, safety and effectiveness.

5. Without prejudice to Article 10, the Commission inspec-
tors shall, wherever appropriate and practicable, deliver an
informal oral summary of their findings on the spot. In any
case, the appropriate authority shall be informed promptly of
any serious deficiencies identified by a Commission inspection.

Article 10

Inspection report

1. Within six weeks of completion of an inspection, an
inspection report shall be communicated by the Commission to
the appropriate authority.

The appropriate authority shall relate the relevant findings to
the inspected entities.

The report shall identify findings established during the

2.
inspection and deficiencies.

The report may contain recommendations for remedial action.

Article 12

Action by the Commission

The Commission may take any of the following steps in the
event of deficiencies and following receipt of the answer of the
appropriate authority:

(a) submit comments to the appropriate authority or request
further explanation to clarify all or part of the answer;

(b) conduct a follow-up to check the implementation of reme-
dial actions, the minimum notice for such a follow-up
being two weeks;

(c) initiate an infringement procedure in respect of

the

Member State concerned.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 13

Sensitive information

Without prejudice to Article 8 of Regulation (EC) No 2320/
2002, the Commission shall treat sensitive inspection-related
materials as classified information.

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Article 14

Article 16

Commission inspection programme

The Commission shall seek advice from the Committee
its inspection

1.
on the priorities for the implementation of
programme.

2.
The Commission shall inform the Committee on a regular
basis about the implementation of its inspection programme as
well as about the results of the assessments.

Article 15

Information

to

appropriate

authorities

of

serious

deficiencies

If an inspection discloses a serious deficiency which is deemed
to have significant impact on the overall level of civil aviation
security in the Community, the Commission shall immediately
inform the appropriate authorities.

Coordination with intergovernmental organisations

When planning its inspection programme,
the Commission
shall take into consideration the planned or recently under-
intergovernmental organisations in
taken security audits of
order to ensure the overall effectiveness of the various security
inspection and audit activities.

Article 17

Review

By 31 July 2005 and regularly thereafter the Commission shall
review its system of inspections, and in particular the effective-
ness of that system and its consistency with the activities of
intergovernmental organisations in this field.

Article 18

Entry into force

This Regulation shall enter
into force on the 20th 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 Brussels, 22 August 2003.

For the Commission

Loyola DE PALACIO

Vice-President