Commission Regulation (EC) No 68/2004 of 15 January 2004 amending Commission Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security (Text with EEA relevance)
Date: 2004-01-15
Institutions: European Commission
Subjects: air safety, application of EU law, approximation of laws, technical specification

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Official Journal of the European Union

16.1.2004

COMMISSION REGULATION (EC) No 68/2004

of 15 January 2004

amending Commission Regulation (EC) No 622/2003 laying down measures for the implementa-
tion 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 Euro-
pean Parliament and the Council of 16 December 2002 estab-
lishing common rules in the field of civil aviation security (1)
and in particular Article 4(2) thereof,

Whereas:

(1)

(2)

(3)

(4)

The Commission is required, by virtue of Regulation
(EC) No 2320/2002, to adopt measures for the imple-
mentation of common basic standards
for aviation
security throughout the European Union. 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
containing such measures.

In accordance with Regulation 2320/2002 and in order
to prevent unlawful acts, the measures laid down in
Annex to Regulation (EC) No 622/2003 should be secret
and should not be published. The same rule necessarily
applies to any amending act.

There is, none the less, a need for a harmonised list,
accessible to the public, setting out separately those arti-
cles that are prohibited from being carried by passengers
into restricted areas and the cabin of an aircraft and
those articles that are prohibited from being carried in
baggage intended for stowage in the aircraft's hold.

It is recognised that such a list can never be exhaustive.
The
be
permitted to prohibit other articles in addition to those

appropriate

authority,

therefore,

should

listed. It is appropriate that before and during the check-
in phase passengers should be informed clearly of all
articles that are prohibited.

There should also be harmonised rules governing staff,
including flight crew, and their carrying of articles
prohibited to passengers that are required to enable
them to perform their duties.

Regulation (EC) No 622/2003 should be amended
accordingly.

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

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Objective

The Annex to Regulation (EC) No 622/2003 is amended as set
out in the Annex to this Regulation.

Article 3 of that regulation shall apply as regards the confiden-
tial nature of the Annex.

Article 2

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

It shall apply as from 1 February 2004.

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

Done at Brussels, 15 January 2004.

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ L 355, 30.12.2002, p. 1.
(2) OJ L 89, 5.4.2003, p. 9.

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In accordance with Article 1 the annex is secret and shall not be published in the Official Journal of the European Union.

ANNEX