Commission Regulation (EC) No 65/2006 of  13 January 2006  amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security   (Text with EEA relevance)
Date: 2006-01-13
Institutions: European Commission
Subjects: air safety, air traffic control, civil aviation, exchange of information, new technology, roadworthiness tests, safety standard

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EN

Official Journal of the European Union

17.1.2006

COMMISSION REGULATION (EC) No 65/2006

of 13 January 2006

amending Regulation (EC) No 622/2003 laying down measures for the implementation of the
common basic standards on aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

the
Having regard to Regulation (EC) No 2320/2002 of
European Parliament and of
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:

The Commission is required, by virtue of Regulation (EC)
No 2320/2002, to adopt measures for the implemen-
tation of common basic standards for aviation security
the European Community. Commission
throughout
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.

The following Article 3a is
No 622/2003:

inserted into Regulation (EC)

‘Article 3a

New Technical methods and Processes

1. Member States may allow a technical method or
process for security controls that is used in place of those
laid down in the Annex, provided that:

(a)

it is being used for the purpose of evaluating a new way
of performing the security control concerned, and

There is a need for measures giving greater precision to
the common basic standards.

(b) it will not negatively affect the overall level of security

being attained.

it should be possible to test new tech-
In particular,
nologies and processes, on a trial basis and for a
limited period of time. Such trials should not prejudice
the overall levels of aviation security.

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,

At least four months before its planned introduction
2.
the Member State concerned shall
inform in writing the
Commission and the other Member States of the proposed
new method or process it intends to allow, enclosing an
assessment indicating how it shall guarantee that the appli-
cation of
the
requirement of point (b) of paragraph 1. The notification
shall also contain detailed information on the location(s)
the method or process will be used and the
where
intended length of the evaluation period.

the new method or process will meet

(1) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation

(EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).

(2) OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation

(EC) No 857/2005 (OJ L 143, 7.6.2005, p. 9).

3.
If the Commission gives the Member State a positive
reply, or if no reply is received within three months upon
receipt of the written request, the Member State may then
allow the introduction of the new method or process.

(1)

(2)

(3)

(4)

(5)

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Official Journal of the European Union

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If the Commission is not satisfied that the proposed new
method or process provides sufficient guarantees that the
overall
level of aviation security will be maintained in the
Community then the Commission shall inform the Member
State thereof within three months of receipt of the notifi-
cation referred to in paragraph 2, explaining its concerns. In
such a circumstance the Member State concerned shall not
commence with the method or process until it has satisfied
the Commission.

At intervals of no more than six months during the
5.
evaluation period, the appropriate authority in the Member
State concerned shall provide the Commission with a
progress report on the evaluation. The Commission shall
the
inform the other Member States of
progress report.

the contents of

6.

No evaluation period may be longer than 30 months.’

4.
The maximum evaluation period for each technical
method or process shall be 18 months. This evaluation
period may be
a
maximum of a further 12 months on condition that the
Member
the
extension.

the Commission by

justification for

State provides

extended by

adequate

Article 2

Entry into Force

This Regulation shall enter into force on the 20th day following
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, 13 January 2006.

For the Commission

Jacques BARROT
Vice-President