Corrigendum to Regulation (EC) No 849/2004 of the European Parliament and of the Council of 29 April 2004 amending Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation security (OJ L 158, 30.4.2004)
Date: 2004-06-29
Institutions: Council of the European Union, European Parliament
Subjects: European standard, air safety, civil aviation, safety standard

29.6.2004

EN

Official Journal of the European Union

L 229/3

CORRIGENDA

Corrigendum to Regulation (EC) No 849/2004 of the European Parliament and of the Council of 29 April 2004
amending Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation security

(Official Journal of the European Union L 158 of 30 April 2004)

Regulation (EC) No 849/2004 should read as follows:

REGULATION (EC) No 849/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 29 April 2004

amending Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation
security

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

Regulation (EC) No 2320/2002 should be amended
accordingly,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

HAVE ADOPTED THIS REGULATION:

After consulting the Committee of the Regions,

Article 1

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Regulation (EC) 2320/2002 is hereby amended as follows:

Whereas:

(1)

(2)

(3)

Regulation (EC) No 2320/2002 (3) establishes harmo-
nised common rules in the field of civil aviation security.

The application of Regulation (EC) No 2320/2002 has
demonstrated that there is a need for technical amend-
ments. These amendments do not seek to change the
scope of the Regulation, nor do they prejudice in any
way the security of civil aviation passengers.

Regulation (EC) No 2320/2002 permits different but
adequate levels of security to be set at
the smallest
airports. It is consistent to permit the same adequate
levels of security at both ends of a flight.

(1) Opinion delivered on 28 January 2004 (not yet published in the

Official Journal).

(2) Opinion of the European Parliament of 11 March 2004 (not yet
published in the Official Journal), Council Decision of 29 April
2004.

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

1. The following definition shall be added to Article 2:

‘(4) “demarcated area” shall mean an area that is separated
from other security restricted areas of an airport by
means of access control.’;

2. Article 4 shall be amended as follows:

— paragraph 3 shall be replaced by the following:

The appropriate authority of a Member State may,
‘3.
on the basis of a local risk assessment, and where the
application of the security measures specified in the
Annex may be disproportionate, or where they cannot
be implemented for objective practical reasons, adopt
national security measures to provide an adequate level
of protection, at airports,:

(a) with a yearly average of no more than two commer-

cial flights per day; or

(b) with only general aviation flights; or

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Official Journal of the European Union

29.6.2004

(c) with commercial activity limited to aircraft with less
than 10 tonnes of maximum take off weight
(MTOW) or fewer than 20 seats,

taking into account
airports.

the particularities of such small

The Member State concerned shall inform the Commis-
sion of these measures.’;

— the following paragraph shall be inserted:

Paragraph 3 may also apply to demarcated areas

‘3(a)
of airports with:

toring activities’,
reports’ respectively;

‘persons’ and ‘compliance monitoring

4. the Annex shall be amended as follows:

— in point 5.2 the following paragraph shall be added:

‘3. Exemptions

Hold baggage of those parties listed under point 4.1,
paragraph 3, may be subject to special screening
measures or exempt from screening.’;

— in point 7.3, paragraph 1(b), the final phrase shall be

(a) only general aviation flights; or

replaced by:

(b) with commercial activity limited to aircraft with less
than 10 tonnes MTOW or fewer than 20 seats.

A demarcated area shall be indicated in the airport
security programme.

Each flight originating from a demarcated area of an
airport shall indicate this fact to the destination airport
in advance of the arrival of the flight.’;

3.

in Article 7 the words ‘audited’, ‘audits’, ‘auditors’ and ‘audit
reports’ shall be replaced by ‘monitored’, ‘compliance moni-

‘so as reasonably to ensure that it does not contain any
prohibited article as listed in points (iv) and (v) of the
Attachment, unless it has been declared and properly
subjected to applicable safety measures; and’.

Article 2

This Regulation shall enter into force on the twentieth 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 Strasbourg, 29 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

M. McDOWELL