Proposal for a Regulation of the European Parliament and of the Council on common rules in the field of civil aviation security
Date: 2005-09-22
Institutions: European Commission
Subjects: European standard, air safety, approximation of laws, civil aviation, fight against crime, safety standard, terrorism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.9.2005 
COM(2005) 429 final 

2005/0191 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules in the field of civil aviation security 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Regulation  (EC)  No  2320/2002  of  the  European  Parliament  and  of  the  Council  establishing 
common  rules  in  the  field  of  civil  aviation  security  has  been  in  force  since  January  2003. 
Experience  gained  on  the  basis  of  Commission  inspections  and  the  daily  application  of  the 
Regulation by Member States shows that the swift transformation into legislation of a set of 
non-binding  recommendations  developed  by  the  Member  States  has  led,  due  to  the  quick 
drafting and adoption of the Regulation as a response to the events of 11 September 2001, to a 
number of problems affecting its implementation in a more solid manner.  

It is, therefore, appropriate to replace this Regulation. The objective is to clarify, simplify and 
harmonise  further  the  legal  requirements  with  the  aim  of  enhancing  the  overall  security  in 
civil aviation. The new framework regulation should solely lay down the basic principles of 
what has to be done in order to safeguard civil aviation against acts of unlawful interference, 
whereas  implementing  acts  should  lay  down  the  technical  and  procedural  decisions  on  how 
this is to be achieved. 

The Commission is of the view that a new regulation will be a clear case and leading example 
of Better Regulation. 

•  General context 

Regulation  (EC)  No  2320/2002  was  developed  as  a  result  of  the  terrible  events  of  11 
September  2001  in  the  USA,  when  four  passenger  aircraft  were  hijacked  with  horrendous 
consequences.  A  legislative  proposal  was  thus  swiftly  drafted  and  on  16  December  2002 
following the procedure under Article 251 of the EC Treaty Regulation (EC) No 2320/2002 
laying down basic requirements for aviation security was adopted. 

This  regulation  has  now  been  in  force  for  some  2½  years  and  has  been  complemented  by 
implementing legislation, developed through comitology, as envisaged by Articles 4 and 9 of 
the regulation. It has also had one minor revision - Regulation (EC) No 849/2004 - to rectify 
some small errors in the original text.  

Experience  over  time  has  shown  that  the  regulation  is  too  detailed  and  is  in  need  of 
simplification. Having such a high degree of detail in framework legislation adopted by co-
decision  makes  legal  revision  to  take  into  account  technical  or  operational  developments 
impractical. This is an over-prescriptive approach in a framework legislation, which should be 
replaced  by  general  principles  with  details  added,  when  necessary,  in  the  implementing 
legislation. 

Whilst recognising the principle of subsidiarity, the Commission is of the view that a greater 
degree  of  harmonisation  than  currently  exists  of  security  measures  and  procedures  is 
desirable.  In  particular,  industry  (airlines,  cargo  shippers  and  freight  forwarders,  equipment 
manufacturers)  has  a  legitimate  interest  in  seeing  greater  levels  of  harmonisation  for 
facilitation  reasons.  Indeed,  there  are  situations  where  facilitation  can  be  achieved  through 

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more  harmonisation  without  compromising  in  any  way  security.  In  this  regard  the 
Commission understands, supports and follows the needs and orientations of industry. 

One example where there is a lack of harmonisation concerns air cargo security. Point 6.2(b) 
of the Annex to Regulation (EC) 2320/2002 allows the rules for regulated agents to be defined 
by  the  appropriate  authority.  This  has  resulted  in  25  national  systems  being  in  place  and  a 
consequential potential distortion of competition and the inability of industry to benefit from 
the freedoms of the Single Market. 

Further harmonisation can be developed in greater detail in the implementing legislation. In 
the  example  of  cargo  security  it  will  then  be  possible  to  interlink  security  requirements  for 
regulated  agents  and  known  shippers  with  the  Authorised  Economic  Operator  concept 
developed in the Community's customs legislation. 

Increased  harmonisation  is  also  an  integral  element  of  'one-stop  security'  -  the  concept 
whereby transfer- and transit passengers, bags and cargo need not be rescreened since there is 
confidence that baseline levels of security were met at the original departing airport. Again, 
this is an element that is of benefit to operators acting in a highly competitive market. 

In  addition  to  revising  the  regulation  on  the  grounds  of  simplification  and  harmonisation,  a 
revision  of  the  regulation  can  ensure  further  clarity.  The  complexity  of  elements  in  the 
regulation has shown that there exists the possibility for different interpretations of the legal 
requirements. There is also ambiguity in parts of the text. Clarity will contribute to effective 
implementation of security standards and to legal certainty.  

The  proposed  new  regulation  would  seek  to  address  such  issues  by  improving  the  overall 
clarity and legal certainty (and thus quality) of the legislation and, with it, diminish the scope 
for misinterpretation. 

Reference  has  already  been  made  to  the  inflexibility  that  results  from  having  detailed 
operational and technical standards in co-decision legislation. The Commission is of the view 
that the ability to (re)act swiftly in the light of risks that are constantly evolving over time is 
of major significance to improve the overall levels of security. This ability to (re)act swiftly, if 
necessary,  should  override  potential  concerns  in  relation  to  the  institutional  balance  for 
developing  legislation.  Such  an  approach  is,  of  course,  without  prejudice  to  the  scrutiny 
reserve that the European Parliament has for implementation legislation that is adopted via the 
comitology process. 

Finally,  an  issue  of  concern  is  that  the  current  regulation  is  in  the  public  domain. 
Consequently, any amendments made to it will also be in the public domain. In the view of 
the Commission it is not desirable to have detailed security measures and procedures placed 
in the public domain, as potential terrorists could use the information to seek out weaknesses 
in aviation security in order to perpetrate unlawful acts. Similarly, it is also not in the public 
interest  to  publicise  new  developments  in  security.  By  placing  operational  details  in 
implementing legislation this issue can be addressed. 

•  Existing provisions in the area of the proposal 

Regulation  (EC)  No  2320/2002  of  the  European  Parliament  and  of  the  Council  establishes 
common  rules  in  the  field  of  civil  aviation  security.  The  proposal  seeks  to  replace  this 
legislative act. 

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•  Consistency with other policies and objectives of the Union 

The  proposal  seeks  to  replace  the  existing  regulation  in  order  to  bring  forward  better 
legislation,  based  on  four  principles:  that  of  simplification,  harmonisation,  clarification  and 
enhancing the levels of security. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  key  stakeholder  organisations  representing  airlines,  airports,  pilots  and  cargo  handlers 
were  all  actively  involved  in  a  working  group  that  assisted  the  Commission  in  developing 
standards that are reflected in the Commission proposal. 

Summary of responses and how they have been taken into account 

The stakeholder organisations support, in general terms, the aim of reducing the level of detail 
in  the  framework  legislation,  provided  that  they  can  also  play  an  active  role  in  the 
development of the complementary implementing legislation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Given that the proposal aims at replacing the existing framework regulation there will be no 
impact  in  itself  from  its  adoption.  Consequently,  dialogue  with  stakeholder  organisations 
rather  than  a  formal  impact  assessment  was  deemed  to  be  most  appropriate  in  the 
circumstances. 

The legislation has no social or environmental impact. 

LEGAL ELEMENTS OF THE PROPOSAL 

3. 

305 

•  Summary of the proposed action 

With  one  exception  it  is  not  the  wish  of  the  Commission  to  change  substantively  its 
competences in the field of civil aviation security through a revision of Regulation (EC) No 
2320/2002. Rather, what is proposed is a change in the balance of the legislative provisions 
between  those  that  are  laid  down  in  the  framework  legislation  (current  Regulation  (EC)  No 
2320/2002,  as  amended  by  Regulation  (EC)  No  849/2003)  and  those  laid  down  in 
implementing  legislation,  of  which  there  are  currently  seven  acts:  Commission  Regulations 
(EC) Nos 622/2003, 1217/2003, 1486/2003, 68/2004, 1138/2004, 781/2005 and 857/2005. 

Thus,  Regulation  (EC)  No  2320/2002  would  be  replaced  by  a  simplified,  clearer  regulation 
laying down general principles. Those details edited out of the framework legislation would, 

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instead,  be  introduced  into  the  implementing  legislation,  which  would  be  amended 
accordingly. 

In this regard it should be noted that the proposal is approximately half the size of the current 
regulation. 

The  only  additional  competence  sought  relates  to  rules  for  in-flight  security  measures.  It 
covers  such  diverse  topics  as  access  to  the  cockpit,  unruly  passengers  and  in-flight  security 
officers  ('sky  marshals').  There  currently  does  not  exist  Community  legislation  covering  in-
flight  security  measures.  In  the  view  of  the  Commission  harmonised  rules  would  be  best 
addressed  as  an  element  of  aviation  security  legislation,  by  means  of  implementing 
legislation.  However,  it  should  be  stressed  that  such  implementing  legislation  will  be 
developed only as and when such rules are deemed necessary at the Community level. Also, it 
should  be  noted  that  the  Commission  has  no  intention  of  compelling  any  Member  State  to 
accept in-flight security officers on board aircraft and the proposal in no way seeks to change 
existing sovereignty on this matter. 

•  Legal basis 

Article 80(2) of the EC Treaty 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason(s). 

In view of the Community wide scale of aviation security issues and the very advanced nature 
of  the  internal  aviation  market,  the  objectives  are  better  achieved  at  the  level  of  the 
Community than at national level. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason(s). 

The current regulation has already demonstrated why action at community level is the most 
appropriate. 

The  current  regulation  has  already  demonstrated  that  a  Community  approach  to  aviation 
security raises both overall standards and mutual confidence between Member States. 

As is the case with the existing legislation that this proposal seeks to replace the objectives of 
the  proposed  new  act  are  better  achieved  at  the  level  of  the  Community  in  view  of  the 
Community-wide  scale  of  aviation  security  issues  and  the  advanced  nature  of  the  internal 
aviation market. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

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As  is  the  case  with  the  existing  legislation,  the  proposed  new  act  sets  common  baseline 
standards,  but  allows  Member  States  to  apply  more  stringent  measures  if  the  threat  so 
warrants. 

The proposal does not address the issue of financing security. Who should pay for security - 
industry  or  the  State  -  was  a  major  topic  of  discussion  during  the  adoption  of  Regulation 
2320/2002.  The  conclusion  then  was  a  commitment  in  an  Interinstitutional  Declaration  that 
the Commission should undertake a study addressing "in particular the way the financing [of 
aviation security] is shared between the public authorities and the operators and to submit to 
the  European  Parliament  and  the  Council  the  results  and  proposals  if  appropriate".  Such  a 
study  was  undertaken  and  the  results  published  in  September  2004  and  placed  on  the 
Commission  website  at  http://europa.eu.int/comm/transport/air/safety/studies_en.htm.  The 
report's  conclusions  are  to  be  used  as  the  basis  of  a  Commission  Communication  that  will 
look  at  the  funding  of  security  across  all  modes  of  transport.  This  action  is  foreseen  in  the 
2005  Work  Programme  of  the  Commission  and  its  intended  completion  date  is  the  end  of 
2005. The legislative initiative to replace Regulation 2320/2002 has thus been made without 
prejudging  either  the  forthcoming  Commission  communication  or  the  way  that  security  is 
funded today across the Community. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The proposal replaces an existing regulation. The regulation was originally deemed the most 
appropriate instrument a) to ensure uniform application of rules within the Community and b) 
to  ensure  the  swiftest  possible  adoption  of  common  rules  after  the  events  of  11  September 
2001. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

Experience over time has shown that Regulation (EC) No 2320/2002 is too detailed and is in 
need of simplification. Having such a high degree of detail in framework legislation adopted 
by  co-decision  makes  legal  revision  to  take  into  account  technical  or  operational 
developments very impractical.  

As an example of this point 4.1.1 of the Annex to the regulation lays down two ways whereby 
passengers  may  be  screened  -  by  hand  or  by  walk-through-metal-detector.  However,  in  the 
foreseeable  future  new  technology-based  forms  of  passenger  screening  will  offer  a  realistic 
and very accurate alternative way of detecting prohibited items. Unfortunately, technologies 
other  than  those  described  in  4.1.1  of  the  Annex  to  the  regulation  cannot  be  used  for  this 

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purpose until the annex is amended accordingly. Given that it requires co-decision procedure 
this  cannot  be  done  swiftly,  with  potentially  negative  effects  on  aviation  as  a  consequence. 
This is only one example of many. 

The adoption of the proposal would lead to the repealing of Regulation 2320/2002 and also 
Regulation  849/2004  which  amended 
thus  follows  Commission's 
commitment to cutting "red tape" by first scrapping existing legislation - the principle of "new 
for old".  

it.  The  proposal 

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification  of  the  acquis  communautaire  and  its  Work  and  Legislative  Programme  under 
the reference 2005/TREN/016. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

•  Detailed explanation of the proposal 

Article 1 lays down the objectives, namely establishing common rules for safeguarding civil 
aviation against acts of unlawful interference. Article 1 does not differ in any significant way 
from Article 1 of Regulation (EC) No 2320/2002. 

Article 2 addresses the scope. The text has been made clearer than in the current regulation to 
give  legal  certainty  that  the  regulation  applies  both  to  Community  airports  serving  civil 
aviation,  to  operators  providing  services  at  such  airports  and  to  entities  performing  aviation 
security functions for flights from such airports (for example catering or cargo facilities that 
do not lie within the airport perimeter). 

Article 3 lays down definitions.  

Article  4  refers  to  the  common  standards  that  are  to  be  laid  down  in  Community  law, 
including those measures that should be addressed in implementing legislation.  

Article 5 permits Member States to apply more stringent security measures. The principle is 
unchanged  from  Article  6  of  Regulation  (EC)  No  2320/2002.  However,  the  new  proposal 
requires that Member States shall both undertake a risk assessment and that they shall be able 
to justify such action, in general terms, if requested to do so by the Commission. This is to 
address  fears  by  stakeholders  that  national  authorities  can  burden  industry  with  additional 
security requirements without the need to justify their actions. Actions by Member States in 
response  to  specific  threat  information  should  not  be  prejudiced  by  this  legislation  and  so 
heightened security requirements for individual flights would fall outside the requirements of 
this article. 

Article 6 is new. It addresses the situation whereby a third country requires different security 
measures on flights from Community airports than those laid down by Community legislation. 

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Article 7 repeats the requirement (currently contained in Article 5(2) of Regulation (EC) No 
2320/2002) that there should be a single authority in each Member State that is responsible for 
coordinating and monitoring the implementation of the aviation security requirements. 

Articles  8-12  require  that  there  shall  be  security  programmes  at  national-,  airport-  and  air 
carrier level, as well as for all other entities performing aviation security functions. The article 
is  not  substantively  different  from  obligations  in  Articles  5(1)  and  5(4)  of  the  existing 
legislation,  but  does  formally  require  for  the  first  time  in  Community  legislation  a  security 
programme by other entities such as cargo handling companies or airline catering companies. 
The requirement for security programmes reflects current best practice in the aviation sector 
and, as such, is not a significant burden on industry or administrations. 

Article  13  lays  down  an  obligation  for  each  Member  State  to  undertake  compliance 
monitoring activities by means of a national quality control programme. This article contains 
the obligations laid down in Articles 5(3) and 7(1) of Regulation (EC) No 2320/2002.  

Article  14  allows  for  Commission  inspections  of,  inter  alia,  Community  airports.  It  is 
generally unchanged from the provisions of current Article 7 (2 to 4) of Regulation (EC) No 
2320/2002.  

Article 15 addresses the dissemination of information. 

Article  16  lays  down  the  Committee  to  assist  the  Commission  in  the  development  of 
implementing legislation. It is substantively unchanged from Article 9 in Regulation (EC) No 
2320/2002. 

Article  17  replaces  the  existing  Article  10  on  security  of  flights  from  third  countries.  It 
foresees  agreements  between  the  Community  and  third  countries  that  would  allow  for  the 
possibility of passengers, bags and cargo transferring at Community airports without the need 
for rescreening and/or additional security controls.  

Article  18  obliges  to  have  penalties  against  those  that  fail  to  adhere  to  the  Community 
requirements  for  aviation  security.  The  requirement  is  unchanged  from  that  currently  laid 
down in Article 12 of Regulation (EC) No 2320/2002. 

Articles 19 and 20 repeal the existing regulation and replace it with this new act. It allows a 
staggered  implementation  so  that  existing  implementing  legislation  that  complements 
Regulation (EC) No 2320/2002 can be updated by Committee procedure to bring it into line 
with the new act so as to avoid a lacuna when the existing Regulation would be repealed. 

Turning  to  the  Annex  of  the  new  act,  this  is  structured  in  the  same  way  as  the  Annex  to 
Regulation  (EC)  No  2320/2002.  However,  the  contents  of  each  chapter  of  the  Annex  have 
been  simplified  into  general  sets  of  principles.  Whilst  rules  are  needed  these  shall  be 
developed  by  means  of  implementing  legislation.  As  an  example  the  new  chapter  4  on 
passengers and cabin baggage is approximately half the size of the existing chapter 4. Only 
chapter 10 on in-flight security measures did not exist in the current Regulation.  

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2005/0191 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules in the field of civil aviation security 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 

In  order  to  protect  persons  and  goods  within  the  European  Union,  acts  of  unlawful 
interference with civil aircraft should be prevented by establishing common rules for 
safeguarding  civil  aviation.  This  objective  should  be  achieved  by  setting  common 
rules  and  common  standards  on  aviation  security  as  well  as  mechanisms  for 
monitoring compliance.  

It is desirable, in the interests of civil aviation security generally, to provide the basis 
for  a  common  interpretation  of  the  April  2002  issue  of  Annex  17  to  the  Chicago 
Convention on International Civil Aviation of 7 December 1944. 

Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 
December 2002 establishing common rules in the field of civil aviation security5 was 
adopted as a result of the events of 11 September 2001 in the United States.  

The  content  of  Regulation  (EC)  No  2320/2002  should  be  revised  in  the  light  of  the 
experience gained, and the Regulation itself should be replaced by a new act seeking 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 355, 30.12.2002, p. 1. 

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the  simplification,  harmonisation  and  clarification  of  the  existing  rules  and  the 
improvement of the levels of security.  

Given  the  need  for  more  flexibility  in  adopting  security  measures  and  procedures  in 
order  to  meet  evolving  risk  assessments  and  to  allow  new  technologies  to  be 
introduced, the new act should lay down the basic principles of what has to be done in 
order  to  safeguard  civil  aviation  against  acts  of  unlawful  interference  without  going 
into technical and procedural details on how they are to be implemented.  

The new act should apply to airports serving civil aviation located in the territory of a 
Member  State,  to  operators  providing  services  at  such  airports  and  to  entities 
providing goods and/or services to or through such airports.  

(5) 

(6) 

(7)  Without prejudice to the Convention on offences and certain other acts committed on 
board aircraft, Tokyo, 1963, the Convention for the suppression of unlawful seizure of 
aircraft,  The  Hague,  1970  and  the  Convention  for  the  suppression  of  unlawful  acts 
against the safety of civil aviation, Montreal 1971, the new act should cover security 
measures that apply on board an aircraft, or during a flight, of Community air carriers.  

(8) 

The various types of civil aviation do not necessarily present the same level of threat. 
In setting common standards on aviation security, the size of the aircraft, the nature of 
the  operation  and/or  the  frequency  of  operations  at  airports  should  be  taken  into 
account with a view to permitting the grant of derogations. 

(9)  Member  States  should  also  be  allowed,  on  the  basis  of  a  risk  assessment,  to  apply 
more stringent measures than those to be laid down. However, it should be possible for 
the  Commission  to  examine  those  more  stringent  measures  and  to  decide  whether  a 
Member State may continue to apply them. 

(10)  Third  countries  may  require  the  application  of  measures  that  differ  from  those  laid 
down in this act in respect of flights from an airport in a Member State to, or over, that 
third  country.  However,  without  prejudice  to  any  bilateral  agreements  to  which  the 
Community  is  a  party,  it  should  be  possible  for  the  Commission  to  examine  the 
measures  required  by  the  third  country  and  to  decide  whether  a  Member  State, 
operator or other entity concerned may continue to apply the measures required. 

(11)  Even  though,  within  a  single  Member  State,  there  may  be  two  or  more  bodies  or 
entities  involved  in  aviation  security,  each  Member  State  should  designate  a  single 
authority  responsible  for  the  coordination  and  monitoring  of  the  implementation  of 
security standards. 

(12) 

In order to define responsibilities for the implementation of the common standards and 
to describe what measures are required by operators and other entities for this purpose, 
each  Member  State  should  draw  up  a  national  civil  aviation  security  programme. 
Furthermore,  each  airport  operator,  air  carrier  and  entity  applying  aviation  security 
standards  should  draw  up,  apply  and  maintain  a  security  programme  in  order  to 
comply  both  with  the  new  act  and  with  whichever  national  civil  aviation  security 
programme is applicable. 

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(13) 

(14) 

(15) 

In order to monitor compliance with the new act and with the national civil aviation 
the 
security  programme,  each  Member  State  should  draw  up  and  ensure 
implementation of a national programme to check the quality of civil aviation security. 

In  order  to  monitor  the  application  by  Member  States  of  the  new  act,  and  also  to 
identify weak points in aviation security, the Commission should conduct inspections, 
including unannounced inspections.  

the 
Implementing  acts  setting  out  common  measures  and  procedures 
implementation  of 
the  common  standards  and  containing  sensitive  security 
information,  together  with  Commission  inspection  reports  and  answers  of  national 
authorities  should  be  regarded  as  “EU  classified  information”  within  the  meaning  of 
Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending 
its internal rules of procedure6. Those items should not be published; they should only 
be made available to those operators and entities with a legitimate interest. 

for 

(16)  The  measures  and  procedures  necessary  for  the  implementation  of  this  Regulation 
should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 
laying down the procedures for the exercise of implementing powers conferred on the 
Commission7.  

(17)  For the purpose of allowing transfer passengers and transfer baggage to be exempted 
from screening when arriving on a flight from a third country, which is known as the 
concept of “one-stop security”, as well as for allowing passengers arriving on such a 
flight  to  mix  with  screened  departing  passengers,  it  is  appropriate  to  encourage 
agreements between the Community and third countries, recognising that the security 
standards applied in the third country are equivalent to Community standards. 

(18)  Penalties  should  be  provided  for  infringements  of  the  provisions  of  this  Regulation. 

Those penalties should be effective, proportionate and dissuasive. 

HAVE ADOPTED THIS REGULATION: 

Article 1  
Objectives  

1. 

This Regulation establishes common rules for safeguarding civil aviation against acts 
of unlawful interference. 

It  also  provides  the  basis  for  a  common  interpretation  of  the  April  2002  issue  of 
Annex 17 to the 1944 Chicago Convention on International Civil Aviation. 

2. 

The means of achieving the objectives set out in paragraph 1 shall be: 

a) 

the setting of common rules and common standards on aviation security; 

b)  mechanisms for monitoring compliance. 

6 
7 

OJ L 317, 3.12.2001, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

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11 

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This Regulation shall apply to the following: 

Article 2 
Scope 

a) 

b) 

c) 

all airports serving civil aviation located in the territory of a Member State; 

all operators, including air carriers, providing services at airports referred to in 
point (a); 

all  entities operating from premises  located inside  or  outside  airport premises 
and providing goods and/or services to or through airports referred to in point 
(a).  

For the purpose of this Regulation: 

Article 3 
Definitions 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

‘civil  aviation’  means  any  air  transport  operation,  both  commercial  and  non-
commercial, as well as both scheduled and non-scheduled operations, but excluding 
operations  carried  out  by  state  aircraft  referred  to  in  Article  3  of  the  1944  Chicago 
Convention on International Civil Aviation; 

‘aviation  security’  means  the  combination  of  measures  and  human  and  natural 
resources intended to safeguard civil aviation against acts of unlawful interference; 

‘operator’ means a person, organisation or enterprise engaged, or offering to engage, 
in an air transport operation; 

‘air carrier’ means an air transport undertaking holding a valid operating licence; 

‘Community  air  carrier’  means  an  air  carrier  holding  a  valid  operating  licence 
granted  by  a  Member  State  in  accordance  with  Council  Regulation  (EC)  No 
2407/928; 

‘prohibited articles’ means weapons, explosives or other dangerous devices, articles 
or substances that may be used to commit an act of unlawful interference; 

‘screening’ means the application of technical or other means which are intended to 
identify and/or detect prohibited articles; 

‘security  control’  means  the  application  of  means  by  which  the  introduction  of 
prohibited articles may be prevented; 

‘access control’ means the application of means by which the entry of unauthorised 
persons or unauthorised vehicles, or both, is prevented; 

8 

OJ L 240, 24.8.1992, p. 1. 

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(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

‘airside’  means  the  movement  area  of  an  airport,  adjacent  terrain  and  buildings  or 
portions thereof, access to which is restricted; 

‘landside’ means those parts of an airport, adjacent terrain and buildings or portions 
thereof that are not airside; 

‘security restricted area’ means that area of airside where, in addition to access being 
restricted, access control is applied; 

‘demarcated area’ means an area that is separated by means of access control either 
from security restricted areas, or, if the demarcated area itself is a security restricted 
area, from other security restricted areas of an airport; 

‘background  check’  means  a  verifiable  check  of  a  person’s  identity,  including  any 
criminal  history,  as  part  of  the  assessment  of  an  individual’s  suitability  for 
unescorted access to security restricted areas; 

‘transfer  passengers,  baggage  or  cargo’  means  passengers,  baggage  or  cargo 
departing on an aircraft other than that on which they arrived; 

‘transit passengers, baggage or cargo’ means passengers, baggage or cargo departing 
on the same aircraft as that on which they arrived; 

‘potentially  disruptive  passenger’  means  a  passenger  who  is  either  a  deportee,  a 
person  deemed  to  be  inadmissible  for  immigration  reasons  or  a  person  in  lawful 
custody; 

(18) 

‘cabin baggage’ means baggage intended for carriage in the cabin of an aircraft; 

(19) 

‘hold baggage’ means baggage intended for carriage in the hold of an aircraft; 

(20) 

‘accompanied hold baggage’ means baggage accepted for carriage in the hold of an 
aircraft on which the passenger who checked it in is on board; 

(21) 

‘air carrier mail’ means mail whose origin and destination are both an air carrier; 

(22) 

(23) 

(24) 

(25) 

‘air carrier materials’ means materials either whose origin and destination are both an 
air carrier or that are used by an air carrier; 

‘cargo’ means any property intended for carriage on an aircraft other than baggage, 
air carrier mail and air carrier materials, and in-flight supplies; 

‘regulated  agent’  means  an  air  carrier,  agent,  freight  forwarder  or  any  other  entity 
who provides the security controls in accordance with this Regulation in respect of 
cargo; 

‘known  consignor’  means  a  consignor  who  originates  cargo  and  whose  procedures 
meet common security rules and standards sufficient to allow carriage of that cargo 
on any aircraft without further screening; 

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(26) 

(27) 

(28) 

(29) 

1. 

2. 

‘account consignor’ means a consignor who originates cargo and whose procedures 
meet common security rules and standards sufficient to allow carriage of that cargo 
on all-cargo aircraft without further screening; 

‘aircraft  check’  means  an  inspection  of  those  parts  of  the  interior  of  the  aircraft  to 
which passengers may have had access, together with an inspection of the hold of the 
aircraft  in  order  to  detect  prohibited  articles  and  unlawful  interferences  with  the 
aircraft; 

‘aircraft  search’  means  an  inspection  of  the  interior  and  accessible  exterior  of  the 
aircraft  in  order  to  detect  prohibited  articles  and  unlawful  interferences  with  the 
aircraft; 

‘in-flight  security  officer’  means  a  person  who  is  employed  by  a  Member  State  to 
travel on an aircraft of the air carrier licensed by it with the purpose of protecting that 
aircraft and its occupants against acts of unlawful interference. 

Article 4 
Common standards 

The  common  standards  for  safeguarding  civil  aviation  against  acts  of  unlawful 
interference shall be as laid down in the Annex. 

Detailed measures and procedures for the implementation of the common standards 
referred  to  in  paragraph  1  shall  be  laid  down  in  accordance  with  the  procedure 
referred to in Article 16(2).  

These measures shall, in particular, address: 

a)  methods of screening, access control and other security controls; 

b)  methods of performing aircraft checks and aircraft searches; 

c) 

prohibited articles; 

d) 

performance criteria and acceptance tests for equipment; 

e) 

f) 

g) 

h) 

staff recruitment and training requirements; 

the definition of critical parts of security restricted areas; 

the obligations of, and the validation procedures for, regulated agents, known 
consignors and account consignors; 

categories  of  persons  and  goods  that  for  objective  reasons  shall  be  subject  to 
special security procedures or shall be exempted from screening, access control 
or other security controls. 

By  way  of  derogation  from  the  common  standards  referred  to  in  paragraph  1,  the 
measures and procedures may also address screening, access control or other security 
controls that provide an adequate level of protection at airports, or demarcated areas 

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14 

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thereof. Such alternative measures shall be justified by reasons relating to the size of 
the  aircraft,  the  nature  of  the  operation  and/or  the  frequency  of  operations  at  the 
airports concerned. 

3. 

Member  States  shall  ensure  the  application  of  the  common  standards  referred  to  in 
paragraph 1. 

Article 5 
More stringent measures applied by Member States 

1. 

2. 

Member  States  may  apply  more  stringent  measures  than  the  common  standards  as 
laid down in Article 4. In doing so, they shall act on the basis of a risk assessment 
and in compliance with Community law. More stringent measures shall be relevant, 
objective, non-discriminatory and proportional to the risk that is being addressed.  

Member States shall notify the Commission of such measures. 

The Commission  may  examine the application of paragraph 1 and, after consulting 
the Committee referred to in Article 16(1), may decide whether the Member State is 
allowed to continue to apply the measures. 

The  Commission  shall  communicate  its  decision  to  the  Council  and  the  Member 
States. 

Within  one  month  of  the  decision  being  communicated  by  the  Commission,  a 
Member State may refer the decision to the Council. The Council, acting by qualified 
majority, may within a period of three months take a different decision. 

3. 

The  second  subparagraph  of  paragraph  1,  and  paragraph  2,  shall  not  apply  if  the 
more stringent measures are limited to a given flight on a specific date. 

Article 6 
Security measures required by third countries 

1. 

2. 

Without prejudice to any bilateral agreements to which the Community is a party, a 
Member State shall notify the Commission of measures required by a third country if 
they differ from the common standards as laid down in Article 4 in respect of flights 
from an airport in a Member State to, or over, that third country.  

At  the  request  of  the  Member  State  concerned  or  on  its  own  initiative,  the 
Commission  shall  examine  the  application  of  paragraph  1  and,  after  consulting  the 
Committee  referred  to  in  Article  16(1),  may  decide  whether  the  Member  State, 
operator or other entity concerned may continue to apply these measures.  

The  Commission  shall  communicate  its  decision  to  the  Council  and  the  Member 
States.  

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15 

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3. 

Paragraphs 1 and 2 shall not apply if: 

a) 

b) 

the  Member  State  concerned  applies  the  measures  concerned  in  accordance 
with Article 5; or 

the  requirement  of  the  third  country  is  limited  to  a  given  flight  on  a  specific 
date. 

Article 7 
National authority 

Where, within a single Member State, two or more bodies or entities are involved in aviation 
security, that Member State shall designate a single authority (hereinafter referred to as “the 
national  authority”)  to  be  responsible  for  the  coordination  and  monitoring  of  the 
implementation of the common standards referred to in Article 4. 

Article 8 
Programmes 

Member  States,  airport  operators,  air  carriers  and  other  entities  applying  aviation  security 
standards  shall  be  responsible  for  drawing  up,  applying  and  maintaining  their  respective 
security programmes in the manner set out in Articles 9 to 12. 

Member States shall additionally perform the broad quality-control function defined in Article 
13. 

Article 9 
National civil aviation security programme 

1. 

Every  Member  State  shall  draw  up,  apply  and  maintain  a  national  civil  aviation 
security programme. 

That programme shall define responsibilities for the implementation of the common 
standards  referred  to  in  Article  4  and  shall  describe  the  measures  required  by 
operators and other entities for this purpose.  

2. 

The  national  authority  shall  make  available  in  writing  the  appropriate  parts  of  its 
national civil aviation security programme to operators and entities with a legitimate 
interest.  

Article 10 
Airport security programme 

1. 

Every  airport  operator  shall  draw  up,  apply  and  maintain  an  airport  security 
programme. 

That programme shall describe the methods and procedures which are to be followed 
by  the  airport  operator  in  order  to  comply  both  with  this  Regulation  and  with  the 

EN 

16 

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national civil aviation security programme of the Member State in which the airport 
is located. 

The  programme  shall  also  describe  how  compliance  with  these  methods  and 
procedures is monitored by the airport operator. 

2. 

The airport security programme shall be submitted to the national authority. 

Article 11 
Air carrier security programme 

1. 

Every air carrier shall draw up, apply and maintain an air carrier security programme. 

That programme shall describe the methods and procedures which are to be followed 
by the air carrier in order to comply both with this Regulation and with the national 
civil  aviation  security  programme  of  the  Member  State  from  which  it  provides 
services. 

The  programme  shall  also  describe  how  compliance  with  these  methods  and 
procedures is monitored by the air carrier. 

Upon  request,  the  air  carrier  security  programme  shall  be  submitted  to  the  national 
authority. 

Article 12 
Security programme of an entity applying aviation security standards  

Every entity applying aviation security standards shall draw up, apply and maintain a 
security programme. 

That programme shall describe the methods and procedures which are to be followed 
by the entity in order to comply both with this Regulation and with the national civil 
aviation security programme of the Member State in which it is located. 

The  programme  shall  also  describe  how  compliance  with  these  methods  and 
procedures is to be monitored by the entity itself. 

Upon  request,  the  security  programme  of  the  entity  applying  aviation  security 
standards shall be submitted to the national authority. 

Article 13 
National quality control programme 

Every  Member  State  shall  draw  up,  and  ensure  the  implementation  of,  a  national 
quality control programme. 

That programme shall enable the Member State to check the quality of civil aviation 
security  in  order  to  monitor  compliance  both  with  this  Regulation  and  with  its 
national civil aviation security programme. 

2. 

1. 

2. 

1. 

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17 

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2. 

The  specifications  for  the  national  quality  control  programme  shall  be  adopted  in 
accordance with the procedure referred to in Article 16(2). 

The programme shall allow for the swift detection and correction of deficiencies. It 
shall  also  provide  that  all  airports,  operators  and  other  entities  responsible  for  the 
application of security standards that are located in the territory of the Member State 
concerned shall be regularly monitored by, or under the supervision of, the national 
authority. 

Article 14 
Commission inspections 

1. 

2. 

3. 

The  Commission,  acting  in  cooperation  with  the  national  authority,  shall  conduct 
inspections  -including  inspections  of  airports,  operators  and  entities  applying 
aviation security standards- in order to monitor the application by Member States of 
this Regulation and to identify weak points in aviation security. For this purpose, the 
national  authority  shall  inform  the  Commission  in  writing  of  all  airports  in  its 
territory serving civil aviation other than those covered by the third subparagraph of 
Article 4(2). 

The  procedures  for  conducting  Commission  inspections  shall  be  adopted  in 
accordance with the procedure referred to in Article 16(2). 

Commission  inspections  of  airports,  operators  and  other  entities  applying  aviation 
security standards shall be unannounced. 

Each Commission inspection report shall be communicated to the national authority 
of the Member State concerned, which shall, in its answer, set out the measures taken 
to remedy any identified deficiencies.  

The report, together with the answer of the national authority, shall subsequently be 
communicated to all other national authorities. 

Article 15 
Dissemination of information 

The following documents shall be regarded as “EU classified documents” for the purposes of 
Decision 2001/844/EC, ECSC, Euratom, and shall not be placed in the public domain: 

a)  measures and procedures as referred to in Article 4(2), if containing sensitive 

security information; 

b)  Commission inspection reports and answers of national authorities, as referred 

to in Article 14(3). 

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Article 16 
Committee 

1. 

2. 

The  Commission  shall  be  assisted  by  a  committee  (hereinafter  referred  to  as  “the 
Committee”). 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

The  period  referred  to  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its rules of procedure. 

Article 17 
Third countries 

Agreements recognising that the security standards applied in a third country are equivalent to 
Community  standards  may  be  concluded  between  the  Community  and  a  third  country  in 
accordance with Article 300 of the Treaty. 

Article 18 
Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. 

Regulation (EC) No 2320/2002 is repealed. 

Article 19 
Repeal 

Article 20 
Entry into force 

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

It shall apply from […], with the exception of Articles 4(2), 13(2), 14(1) and 16 which shall 
apply from the date of entry into force. 

EN 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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COMMON STANDARDS FOR SAFEGUARDING CIVIL AVIATION AGAINST ACTS 
OF UNLAWFUL INTERFERENCE (ARTICLE 4) 

ANNEX  

1.1 

Airport planning requirements 

1. AIRPORT SECURITY 

1. 

When  designing  and  constructing  new  airport  facilities  or  altering  existing  airport 
facilities, requirements for the implementation of the common standards referred to 
in this Annex and implementing acts shall be fully taken into account. 

2. 

At airports the following areas shall be established: 

a) landside; 

b) airside; 

c) security restricted areas; and 

d) critical parts of security restricted areas. 

1.2 

Access control 

1. 

2. 

3. 

4. 

5. 

Access  to  airside  shall  be  restricted  in  order  to  deter  unauthorised  persons  and 
vehicles from entering these areas. 

Access  to  security  restricted  areas  shall  be  controlled  in  order  to  ensure  that  no 
unauthorised persons and vehicles enter these areas. 

Persons  and  vehicles  may  only  be  granted  access  to  airside  and  security  restricted 
areas if they fulfil the required security conditions.  

Before  being  issued  with  a  crew  identification  card,  a  flight  crew  member  of  a 
Community air carrier shall have successfully completed a background check carried 
out by the licensing Member State.  

Before  being  issued  with  an  airport  identification  card  that  authorises  access  to 
security  restricted  areas,  a  staff  member  shall  have  successfully  completed  a 
background  check  carried  out  by  the  Member  State  in  which  the  airport  is  located. 
This  shall  not  apply  to  flight  crew  members  that  have  been  issued  with  crew 
identification cards as referred to in paragraph 4. 

1.3 

Screening of persons other than passengers and items carried 

1. 

Persons  other  than  passengers,  together  with  items  carried,  shall  be  screened  on  a 
continuous  random  basis  upon  entering  security  restricted  areas  in  order  to  prevent 
prohibited articles from being introduced into these areas. 

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2. 

All  persons  other  than  passengers,  together  with  items  carried,  shall  be  screened 
upon entering critical parts of security restricted areas in order to prevent prohibited 
articles from being introduced into these parts. 

1.4 

Examination of vehicles 

Vehicles entering a security restricted area shall be examined in order to prevent prohibited 
articles from being introduced into these areas. 

1.5 

Surveillance, patrols and other physical controls 

There shall be surveillance, patrols and other physical controls in the security restricted areas 
and all adjacent areas with public access, in order to identify suspicious behaviour of persons, 
to  identify  vulnerabilities  which  could  be  exploited  to  carry  out  an  act  of  unlawful 
interference and to deter persons from such acts.  

2. DEMARCATED AREAS OF AIRPORTS 

Aircraft  parked  in  demarcated  areas  of  airports  to  which  alternative  measures  referred  to  in 
the  third  subparagraph  of  Article  4(2)  apply,  shall  be  separated  from  aircraft  to  which  the 
common  standards  as  laid  down  in  the  Annex  apply  in  full,  in  order  to  avoid  that  security 
standards applied to aircraft, passengers, baggage and cargo of the latter are compromised.  

3. AIRCRAFT SECURITY 

1. 

2. 

3. 

If passengers disembark an aircraft, the aircraft shall be subjected to an aircraft check 
before departure in order to ensure that no prohibited articles are present on board. 

Every aircraft shall be protected from unauthorised interference. 

Every  aircraft  that  has  not  been  protected  from  unauthorised  interference  shall  be 
subjected to an aircraft search. 

4. PASSENGERS AND CABIN BAGGAGE 

4.1 

Screening of passengers and cabin baggage 

1. 

All  originating,  transfer  and  transit  passengers  and  their  cabin  baggage  shall  be 
screened  in  order  to  prevent  prohibited  articles  from  being  introduced  into  security 
restricted areas and on board an aircraft. 

2. 

Transfer passengers and their cabin baggage may be exempted from screening, if: 

a) 

b) 

they arrive from a Member State, unless the Commission or that Member State 
has provided information that those passengers and their cabin baggage cannot 
be considered as having been screened to the common standards; or 

they arrive from a third country with which the Community has an agreement 
as referred to in Article 17 that recognises that these passengers and their cabin 

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22 

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baggage  have  been  screened  to  security  standards  equivalent  to  Community 
standards.  

3. 

Transit passengers and their cabin baggage may be exempted from screening, if: 

a) 

b) 

c) 

d) 

they remain on board the aircraft; or 

they do not mix with screened departing passengers other than those who board 
the same aircraft; or 

they arrive from a Member State, unless the Commission or that Member State 
has provided information that those passengers and their cabin baggage cannot 
be considered as having been screened to the common standards; or 

they arrive from a third country with which the Community has an agreement 
as referred to in Article 17 that recognises that these passengers and their cabin 
baggage  have  been  screened  to  security  standards  equivalent  to  Community 
standards.  

4.2 

Protection of passengers and cabin baggage 

1. 

Passengers and their cabin baggage shall be protected from unauthorised interference 
from  the  point  at  which  they  are  screened  until  departure  of  the  aircraft  on  which 
they are carried.  

2. 

Screened departing passengers shall not mix with arriving passengers, unless: 

a) 

b) 

the passengers arrive from a Member State, provided that the Commission or 
that Member State has not provided information that those arriving passengers 
and  their  cabin  baggage  cannot  be  considered  as  having  been  screened  to  the 
common standards; or 

the  passengers  arrive from a third country with which the Community has an 
agreement  as  referred  to  in  Article  17  that  recognises  that  these  passengers 
have been screened to security standards equivalent to Community standards.  

4.3 

Potentially disruptive passengers 

Before  departure  potentially  disruptive  passengers  shall  be  subjected  to  appropriate  security 
measures.  

5.1 

Screening of hold baggage 

5. HOLD BAGGAGE 

1. 

2. 

All hold baggage shall be screened prior to being loaded onto an aircraft. 

Transfer hold baggage may be exempted from screening, if: 

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a) 

b) 

it arrives from a Member State, unless the Commission or that Member State 
has  provided  information  that  this  hold  baggage  cannot  be  considered  as 
having been screened to the common standards; or 

it arrives from a third country with which the Community has an agreement as 
referred  to  in  Article  17  that  recognises  that  this  hold  baggage  has  been 
screened to security standards equivalent to Community standards.  

3. 

Transit  hold  baggage  may  be  exempted  from  screening  if  it  remains  on  board  the 
aircraft.  

5.2 

Protection of hold baggage 

Hold  baggage  to  be  carried  on  an  aircraft  shall  be  protected  from  unauthorised  interference 
from the point at which it is screened or accepted into the care of the air carrier, whichever is 
earlier, until the departure of the aircraft on which it is to be carried.  

5.3 

Baggage reconciliation 

1. 

2. 

Each  item  of  hold  baggage  shall  be  identified  as  accompanied  or  unaccompanied. 
The hold baggage of a passenger who has checked in for a flight but who is not on 
board the aircraft shall be identified as unaccompanied.  

Unaccompanied hold baggage shall not be transported, unless that baggage has been 
either  separated  due  to  factors  beyond  the  passenger’s  control  or  subjected  to 
additional security controls. 

6.1 

Security controls for cargo 

6. CARGO 

1. 

2. 

3. 

All cargo shall be subjected to security controls prior to being loaded on an aircraft. 
An air carrier shall not accept cargo for carriage on an aircraft unless the application 
of  security  controls  is  confirmed  and  accounted  for  by  a  regulated  agent,  a  known 
consignor or an account consignor.  

Transfer cargo shall be subjected to security controls as detailed in an implementing 
act. 

Transit  cargo  may  be  exempted  from  security  controls  if  it  remains  on  board  the 
aircraft. 

6.2 

Protection of cargo 

1. 

2. 

Cargo to be carried on an aircraft shall be protected from unauthorised interference 
from the point at which security controls are applied until the departure of the aircraft 
on which it is to be carried. 

Cargo that is not adequately protected from unauthorised interference after security 
controls have been applied shall be screened.  

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7. AIR CARRIER MAIL AND AIR CARRIER MATERIALS 

Air carrier mail and air carrier materials shall be subjected to security controls and thereafter 
protected  until  loaded  onto  the  aircraft  in  order  to  prevent  prohibited  articles  from  being 
introduced on board an aircraft.  

8. IN-FLIGHT SUPPLIES 

In-flight supplies, including catering, intended for carriage or use on board an aircraft shall be 
subjected to security controls and thereafter protected until loaded onto the aircraft in order to 
prevent prohibited articles from being introduced on board an aircraft. 

9. AIRPORT SUPPLIES 

Supplies intended to be sold or used in security restricted areas of airports, including supplies 
for duty-free shops and restaurants, shall be subjected to security controls in order to prevent 
prohibited articles from being introduced into these areas. 

10. IN-FLIGHT SECURITY MEASURES 

1. 

2. 

3. 

4. 

5. 

Without prejudice to the applicable aviation safety rules, unauthorised persons shall 
be prevented from entering the flight crew compartment during a flight.  

Without  prejudice  to  the  applicable  aviation  safety  rules,  potentially  disruptive 
passengers shall be subjected to appropriate security measures during a flight.  

If,  during  a  flight,  a  passenger  seeks  to  commit  an  act  of  unlawful  interference, 
appropriate security measures shall be taken to prevent such an act. 

Weapons shall not be carried on board an aircraft, unless an authorisation has been 
given by the Member State concerned and the required security conditions have been 
fulfilled.  

In-flight security officers may only be deployed on board an aircraft if the required 
security  conditions  and  training  have  been  fulfilled.  Member  States  retain  the  right 
not to authorise the use of in-flight security officers on flights of air carriers licensed 
by them. 

6. 

Paragraphs 1 to 5 shall apply only to Community air carriers. 

11. STAFF RECRUITMENT AND TRAINING 

1. 

Persons implementing, or responsible for implementing, screening, access control or 
other  security  controls  shall  be  recruited,  trained  and  certified  so  as  to  ensure  that 
they  are  suitable  for  employment  and  competent  to  undertake  the  duties  to  which 
they will be assigned. 

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2. 

3. 

4. 

Persons  other  than  passengers  requiring  access  to  security  restricted  areas  shall, 
before  either  an  airport  identification  card  or  crew  identification  card  is  issued, 
receive security training.  

Training  as  referred  to  in  paragraphs  1  and  2  shall  be  conducted  on  initial  and 
recurrent basis. 

Instructors  engaged  in  the  training  of  the  persons  mentioned  in  paragraphs  1  and  2 
shall be qualified.  

12. SECURITY EQUIPMENT 

Equipment used for screening, access control and other security controls shall be capable to 
perform the security controls concerned. 

EN 

26 

   EN