Common Position (EC) No 3/2007 of 11 December 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (Text with EEA relevance )
Date: 2006-12-11
Institutions: Council of the European Union
Subjects: European standard, air safety, approximation of laws, civil aviation, fight against crime, piracy, safety standard, transport regulations

27.3.2007

EN

Official Journal of the European Union

C 70E/21

COMMON POSITION (EC) No 3/2007

adopted by the Council on 11 December 2006

with a view to the adoption of a Regulation (EC) No …/2007 of the European Parliament and of the
Council of … on common rules in the field of civil aviation security and repealing Regulation (EC)
No 2320/2002

(Text with EEA relevance)

(2007/C 70 E/02)

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
UNION,

(5)

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),

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 intro-
duced, this Regulation should lay down the basic princi-
ples 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.

Having consulted the Committee of the Regions,

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

laid down in

(6)

This Regulation should apply to airports serving civil
aviation located in the territory of a Member State, to
operators providing services at such airports and to enti-
ties providing goods and/or services to or through such
airports.

Whereas:

(1)

(2)

(3)

(4)

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

in the interests of civil aviation security
It is desirable,
generally, to provide the basis for a common interpreta-
tion of Annex 17 to the Chicago Convention on Interna-
tional Civil Aviation of 7 December 1944.

Regulation (EC) No 2320/2002 of the European Parlia-
ment and of the Council of 16 December 2002 estab-
lishing common rules in the field of civil aviation
security (3) 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 repealed and replaced by this
Regulation seeking the simplification, harmonisation and
clarification of the existing rules and the improvement of
the levels of security.

(1) OJ C 185, 8.8.2006, p. 17.
(2) Opinion of

the European Parliament of 15 June 2006 (not yet
published in the Official
Journal), Council Common Position of
11 December 2006 and Position of the European Parliament of … (not
yet published in the Official Journal).

(3) 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).

(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,
this Regulation should
also cover security measures that apply on board an
aircraft, or during a flight, of Community air carriers.

(8)

(9)

Each Member State may decide for itself whether to
deploy in-flight security officers on aircraft registered in
that Member State and on aircraft of air carriers licensed
by that Member State.

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

(10) Member States should also be allowed, on the basis of a
risk assessment, to apply more stringent measures than
those laid down in this Regulation.

C 70E/22

EN

Official Journal of the European Union

27.3.2007

(11)

(12)

(13)

(14)

(15)

(16)

Third countries may require the application of measures
that differ from those laid down in this Regulation 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
the Commission to
party,
examine the measures required by the third country.

it should be possible for

Even though, within a single Member State, there may be
two or more bodies involved in aviation security, each
Member State should designate a single authority respon-
sible for the coordination and monitoring of the imple-
mentation of common basic standards on aviation
security.

In order to define responsibilities for the implementation
of the common basic standards on aviation security 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
implementing aviation security standards should draw
up, apply and maintain a security programme in order to
comply both with this Regulation and with whichever
national civil aviation security programme is applicable.

In order to monitor compliance with this Regulation and
with the national civil aviation security programme, each
Member State should draw up and ensure the implemen-
tation of a national programme to check the quality of
civil aviation security.

In order to monitor the application by Member States of
this Regulation, and also to make recommendations to
improve
the Commission should
conduct inspections, including unannounced inspections.

aviation security,

Implementing acts setting out common measures and
procedures for the implementation of the common basic
standards on aviation security and containing sensitive
security information, together with Commission inspec-
tion reports and answers of appropriate 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 Procedure (1). Those items should not
be published;
they should only be made available to
those operators and entities with a legitimate interest.

(17)

The measures 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 Commission (2).

(1) OJ L 317, 3.12.2001, p. 1. Decision as amended by Decision

2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(18)

In particular, power should be conferred on the Commis-
sion to establish the
conditions under which the
measures referred to in Articles 4(3) and 9(2) are to be
adopted. Since those measures are of general scope and
are designed to amend non-essential elements of
this
Regulation, or to supplement it by the addition of new
non-essential elements, they should be adopted in accord-
ance with the
regulatory procedure with scrutiny
provided for
in Article 5a of Council Decision
1999/468/EC.

(19)

The goal of ‘one-stop security’ for all flights within the
European Union should be advanced.

(20)

This Regulation is without prejudice to the application of
rules on aviation safety, including those relating to the
transport of dangerous goods.

(21) Member States should determine the penalties applicable
to infringements of the provisions of this Regulation. The
penalties provided for, which may be of a civil or admin-
istrative nature, should be effective, proportionate and
dissuasive.

(22)

(23)

The Ministerial Statement on Gibraltar Airport, agreed in
Cordoba on 18 September 2006 during the first Minis-
terial meeting of the Forum of Dialogue on Gibraltar, will
replace the Joint Declaration on Gibraltar Airport made
in London on 2 December 1987, and full compliance
with it will be deemed to constitute compliance with the
1987 Declaration.

Since the objectives of this Regulation, namely to safe-
guard civil aviation against acts of unlawful interference
and to provide a basis for a common interpretation of
Annex 17 to the Chicago Convention on International
Civil Aviation, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale
and effects of this Regulation, be better achieved at Com-
munity level, the Community may adopt measures,
in
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle
of proportionality, as set out in that Article, this Regu-
lation does not go beyond what is necessary in order to
achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

This Regulation establishes common rules to safeguard

1.
civil aviation against acts of unlawful interference.

27.3.2007

EN

Official Journal of the European Union

C 70E/23

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

6.

‘entity’ means a person, organisation or enterprise, other
than an operator;

The means of achieving the objectives set out in para-

2.
graph 1 shall be:

(a) the setting of common rules and common basic standards

on aviation security;

(b) mechanisms for monitoring compliance.

Article 2

Scope

1.

This Regulation shall apply to the following:

(a) all airports or parts of airports located in the territory of a
Member State that are not exclusively used for military
purposes;

(b) all operators,

including air carriers, providing services at

airports referred to in point (a);

(c) all entities applying aviation security standards that operate
from premises located inside or outside airport premises
and provide goods and/or services to or through airports
referred to in point (a).

The application of

2.
this Regulation to the airport of
Gibraltar is understood to be without prejudice to the respective
legal
the
United Kingdom with regard to the dispute over sovereignty
over the territory in which the airport is situated.

the Kingdom of

positions

Spain

and

of

Article 3

Definitions

For the purposes of this Regulation:

1.

2.

3.

4.

5.

‘civil aviation’ means any air operation carried out by civil
aircraft, excluding operations carried out by State aircraft
referred to in Article 3 of the Chicago Convention on Inter-
national Civil Aviation;

‘aviation security’ means the combination of measures and
human and material 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 opera-
tion;

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

‘Community air carrier’ means an air carrier holding a valid
operating licence granted by a Member State in accordance
with Council Regulation (EEC) No 2407/92 of 23 July
1992 on licensing of air carriers (1);

(1) OJ L 240, 24.8.1992, p. 1.

7.

8.

‘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 prohib-
ited articles;

9.

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

10.

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

11.

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

12.

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

13.

‘security restricted area’ means that area of airside where, in
addition to access being restricted, other aviation security
standards are applied;

14.

‘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;

15.

‘background check’ means a recorded check of a person's
identity,
the
assessment of an individual's suitability for unescorted
access to security restricted areas;

including any criminal history, as part of

16.

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

17.

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

18.

‘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;

19.

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

20.

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

21.

‘accompanied hold baggage’ means baggage, carried in the
hold of an aircraft, which has been checked in for a flight
by a passenger travelling on that same flight;

C 70E/24

EN

Official Journal of the European Union

27.3.2007

22.

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

(a) methods of screening, access control and other security

controls;

23.

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

24.

‘mail’ means dispatches of correspondence and other items,
other than air carrier mail, tendered by and intended for
delivery to postal services in accordance with the rules of
the Universal Postal Union;

25.

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

26.

‘regulated agent’ means an air carrier, agent,
freight
forwarder or any other entity who ensures security controls
in respect of cargo or mail;

27.

28.

29.

30.

31.

‘known consignor’ means a consignor who originates cargo
or mail for its own account and whose procedures meet
common security rules and standards sufficient to allow
carriage of cargo or mail on any aircraft;

‘account consignor’ means a consignor who originates
cargo or mail for its own account and whose procedures
meet common security rules and standards sufficient to
allow carriage of that cargo on all-cargo aircraft or mail on
all-mail aircraft;

‘aircraft security 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 security 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 State to travel on an aircraft of an air carrier licensed
by it with the purpose of protecting that aircraft and its
occupants against acts of unlawful interference.

Article 4

Common basic standards

(b) methods of performing aircraft security checks and aircraft

security searches;

(c) prohibited articles;

(d) performance criteria and acceptance tests for equipment;

(e) staff recruitment and training requirements;

(f) the definition of critical parts of security restricted areas;

(g) the obligations of, and the validation procedures for, regu-
lated agents, known consignors and account consignors;

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

3.
The Commission shall, by amending this Regulation
through a decision in accordance with the regulatory procedure
with scrutiny referred to in Article 15(3), set criteria to allow
Member States to derogate from the common basic standards
referred to in paragraph 1 and to adopt alternative security
measures that provide an adequate level of protection on the
basis of a local risk assessment. Such alternative measures shall
be justified by reasons relating to the size of the aircraft, or by
reasons relating to the nature, scale or frequency of operations
or of other relevant activities.

On imperative grounds of urgency, the Commission may use
the urgency procedure referred to in Article 15(4).

The Member States shall
measures.

inform the Commission of

these

4. Member States shall ensure the application in their terri-
tory of the common basic standards referred to in paragraph 1.
Where a Member State has reason to believe that the level of
aviation security has been compromised through a security
breach,
it shall ensure that appropriate and prompt action is
taken to rectify that breach and ensure the continuing security
of civil aviation.

Article 5

1.
The common basic standards for safeguarding civil avia-
tion against acts of unlawful interference shall be as laid down
in the Annex.

2.
Detailed measures for the implementation of the common
basic standards referred to in paragraph 1 shall be laid down in
accordance with the procedure referred to in Article 15(2).

These measures shall, in particular, concern:

More stringent measures applied by Member States

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

27.3.2007

EN

Official Journal of the European Union

C 70E/25

inform the Commission of such
2. Member States shall
measures as soon as possible after their application. Upon
reception of such information, the Commission shall transmit
this information to the other Member States.

The appropriate authority shall make available in writing
2.
on a ‘need to know’ basis the appropriate parts of its national
civil aviation security programme to operators and entities
which it deems to have a legitimate interest.

3. Member States are not required to inform the Commission
if the measures concerned are limited to a given flight on a
specific date.

Article 9

National quality control programme

Article 6

Security measures required by third countries

Every Member State shall draw up, apply and maintain a

1.
national quality control programme.

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

2.
At the request of the Member State concerned or on its
own initiative, the Commission shall examine the application of
any measures notified under paragraph 1 and may, in accord-
ance with the procedure referred to in Article 15(2), draw up an
appropriate response to the third country concerned.

3.

Paragraphs 1 and 2 shall not apply if:

(a) the Member

applies
concerned in accordance with Article 5; or

concerned

State

the measures

(b) the requirement of the third country is limited to a given

flight on a specific date.

Article 7

Appropriate authority

Where, within a single Member State, two or more bodies are
involved in civil aviation security, that Member State shall desig-
nate a single authority (hereinafter referred to as the appropriate
authority) to be responsible for the coordination and moni-
toring of the implementation of the common basic standards
referred to in Article 4.

Article 8

National civil aviation security 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.

The

specifications

control
2.
programme shall be adopted by amending this Regulation
through the addition of an annex in accordance with the regula-
tory procedure with scrutiny referred to in Article 15(3).

the national quality

for

On imperative grounds of urgency, the Commission may use
the urgency procedure referred to in Article 15(4).

The programme shall allow for the swift detection and correc-
tion of deficiencies. It shall also provide that all airports, opera-
tors and entities responsible for the implementation of aviation
security standards that are located in the territory of
the
Member State concerned shall be regularly monitored directly
by, or under the supervision of, the appropriate authority.

Article 10

Airport security programme

Every airport operator shall draw up, apply and maintain

1.
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 national civil
aviation security programme of the Member State in which the
airport is located.

Every Member State shall draw up, apply and maintain a

1.
national civil aviation security programme.

The programme shall include internal quality control provisions
describing how compliance with these methods and procedures
is monitored by the airport operator.

That programme shall define responsibilities for the implemen-
tation of the common basic standards referred to in Article 4
and shall describe the measures required by operators and enti-
ties for this purpose.

2.
The airport security programme shall be submitted to the
appropriate authority, which may take further action if appro-
priate.

C 70E/26

EN

Official Journal of the European Union

27.3.2007

Article 11

Air carrier security programme

Every air carrier shall draw up, apply and maintain an air

1.
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 include internal quality control provisions
describing how compliance with these methods and procedures
is monitored by the air carrier.

2.
Upon request, the air carrier security programme shall be
submitted to the appropriate authority, which may take further
action if appropriate.

3. Where a Community air carrier security programme has
been validated by the appropriate authority of the Member State
granting the operating licence, the air carrier shall be recognised
by all other Member States as having fulfilled the requirements
of paragraph 1. This is without prejudice to a Member State's
right to request from any air carrier details of its implementa-
tion of:

(a) the security measures applied by that Member State under

Article 5; and/or

including inspections of airports, operators and
inspections,
entities applying aviation security standards, in order to monitor
the application by Member States of this Regulation and, as
appropriate,
to make recommendations to improve aviation
security. For this purpose, the appropriate authority shall inform
the Commission in writing of all airports in its territory serving
civil aviation other than those covered by Article 4(3).

The procedures for conducting Commission inspections shall be
adopted in accordance with the procedure referred to in
Article 15(2).

2.
Commission inspections of airports, operators and entities
applying aviation security standards shall be unannounced. The
Commission shall in good time before an inspection inform the
Member State concerned thereof.

Each Commission inspection report shall be communi-
3.
cated to the appropriate authority of
the Member State
concerned, which shall, in its answer, set out the measures taken
to remedy any identified deficiencies.

together with the answer of

The report,
the appropriate
authority, shall subsequently be communicated to the appro-
priate authority of the other Member States.

Article 14

(b) local procedures that are applicable at the airports served.

Dissemination of information

Article 12

Entity security programme

1.
Every entity required under a national civil aviation
security programme referred to in Article 8 to apply aviation
security standards shall draw up, apply and maintain an entity
security programme.

That programme shall describe the methods and procedures
which are to be followed by the entity in order to comply with
the national civil aviation security programme of the Member
State in respect of its operations in that Member State.

The programme shall include internal quality control provisions
describing how compliance with these methods and procedures
is monitored by the entity.

2.
Upon request, the programme shall be submitted to the
appropriate authority of the Member State concerned, which
may take further action if appropriate.

Article 13

Commission inspections

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 Articles 4(2), 4
(3), 5(1) and 6(1), if containing sensitive security informa-
tion;

(b) Commission inspection reports and answers of the appro-

priate authorities, as referred to in Article 13(3).

Article 15

Committee procedure

1.

The Commission shall be assisted by a Committee.

2. 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 laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

The Commission, acting in cooperation with the appro-
1.
priate authority of the Member State concerned, shall conduct

3. Where reference is made to this paragraph, Article 5a(1)
to (4), and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

27.3.2007

EN

Official Journal of the European Union

C 70E/27

4. Where reference is made to this paragraph, Article 5a(1),
(2) and (6) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

Article 17

Repeal

Regulation (EC) No 2320/2002 is hereby repealed.

Article 16

Penalties

Article 18

Entry into force

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.

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

It shall apply from … (*), with the exception of Articles 4(2),
4(3), 9(2), 13(1) and 15, which shall apply from the date of
entry into force of this Regulation.

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

…

(*) Two years after the date of entry into force of this Regulation.

C 70E/28

EN

Official Journal of the European Union

27.3.2007

ANNEX

COMMON BASIC STANDARDS (ARTICLE 4)

1. AIRPORT SECURITY

1.1. Airport planning requirements

1. When designing and constructing new airport facilities or altering existing airport facilities, requirements for the
implementation of the common basic standards set out in this Annex and its 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. Access to airside shall be restricted in order to prevent unauthorised persons and vehicles from entering these areas.

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

enter these areas.

3.

4.

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

Persons, including flight crew members, shall have successfully completed a background check before either a crew
identification card or an airport identification card authorising unescorted access to security restricted areas is issued
to them.

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.

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 intro-
duced into these areas.

1.5. Surveillance, patrols and other physical controls

There shall be surveillance, patrols and other physical controls at airports and, where appropriate, in 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 committing such acts.

2. DEMARCATED AREAS OF AIRPORTS

Aircraft parked in demarcated areas of airports to which alternative measures referred to in Article 4(3) apply, shall
be separated from aircraft to which the common basic standards apply in full, in order to ensure that security stan-
dards applied to aircraft, passengers, baggage, cargo and mail of the latter are not compromised.

27.3.2007

EN

Official Journal of the European Union

C 70E/29

3. AIRCRAFT SECURITY

1.

Before departure, an aircraft shall be subjected to an aircraft security check or aircraft security search in order to
ensure that no prohibited articles are present on board. An aircraft in transit may be subjected to other appropriate
measures.

2.

Every aircraft shall be protected from unauthorised interference.

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 prohib-

ited 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) 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 basic
standards; or

(b) they arrive from a third country where the security standards applied are recognised as equivalent to the

common basic standards in accordance with the procedure referred to in Article 15(2).

3.

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

(a) they remain on board the aircraft; or

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

(c) 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 basic
standards; or

(d) they arrive from a third country where the security standards applied are recognised as equivalent to the

common basic standards in accordance with the procedure referred to in Article 15(2).

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) 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 basic standards; or

(b) the passengers arrive from a third country where the security standards applied are recognised as equivalent to

the common basic standards in accordance with the procedure referred to in Article 15(2).

4.3. Potentially disruptive passengers

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

5. HOLD BAGGAGE

5.1. Screening of hold baggage

1. All hold baggage shall be screened prior to being loaded onto an aircraft in order to prevent prohibited articles from

being introduced into security restricted areas and on board aircraft.

2.

Transfer hold baggage may be exempted from screening, if:

(a) 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 basic standards; or

(b) it arrives from a third country where the security standards applied are recognised as equivalent to the common

basic standards in accordance with the procedure referred to in Article 15(2).

3.

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

C 70E/30

EN

Official Journal of the European Union

27.3.2007

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.

Each item of hold baggage shall be identified as accompanied or unaccompanied.

2. 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.

CARGO AND MAIL

6.1. Security controls for cargo and mail

1. All cargo and mail shall be subjected to security controls prior to being loaded on an aircraft. An air carrier shall not
accept cargo or mail for carriage on an aircraft unless it has applied such controls itself or their application has been
confirmed and accounted for by a regulated agent, a known consignor or an account consignor.

2.

Transfer cargo and transfer mail may be subjected to alternative security controls to be detailed in an implementing
act.

3.

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

6.2. Protection of cargo and mail

1.

2.

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

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. Without prejudice to the applicable aviation safety rules:

(a) unauthorised persons shall be prevented from entering the flight crew compartment during a flight;

(b) potentially disruptive passengers shall be subjected to appropriate security measures during a flight.

2. Appropriate security measures such as training of flight crew and cabin staff shall be taken to prevent acts of

unlawful interference during a flight.

3. Weapons shall not be carried in the cabin or the flight crew compartment of an aircraft, unless authorisation has

been given by the States involved in accordance with their respective national laws.

4.

Paragraph 3 shall also apply to in-flight security officers if they carry weapons.

27.3.2007

EN

Official Journal of the European Union

C 70E/31

11. STAFF RECRUITMENT AND TRAINING

1.

2.

3.

4.

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

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

Training as mentioned 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 have the necessary qualifi-
cations.

12. SECURITY EQUIPMENT

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

C 70E/32

EN

Official Journal of the European Union

27.3.2007

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

In September 2005 the Commission tabled a proposal for a Council Regulation replacing Regulation
(EC) No 2320/2002 of the European Parliament and of the Council establishing common rules in the
field of civil aviation security (1). That Regulation, which had been drafted and adopted in response to
the terrorist attacks of 11 September 2001 in the United States, has been in force since January 2003.
The replacement of Regulation (EC) No 2320/2002 with a new text is considered necessary because its
application has given rise to a number of implementation problems.

15

On
June
containing 85 amendments.

2006,

the

European

Parliament

adopted

its

opinion

at

first

reading,

The Council seriously examined the possibility of reaching an agreement with the European Parliament
at first reading on the text of the draft Regulation. During informal contacts with representatives of the
European Parliament, it appeared however that the issue of financing the security measures would need
to be studied more carefully in order to arrive at a text that would be acceptable to all parties. The
Council therefore decided to adopt a common position, taking account as much as possible of the
amendments by the European Parliament at first reading, and to seek an agreement with the European
Parliament at a later stage.

Following revision of the entire text by legal-linguistic experts, the Council adopted its common position
on 11 December 2006. In adopting this position, the Council took good note of the opinion of the
European Parliament at first reading, accepting 46 amendments.

The Council took also note of the opinion of the Economic and Social Committee.

II. ANALYSIS OF THE COMMON POSITION

The Council was able to agree on the main lines of the Commission proposal. On some points,
however, the Council decided to modify the text, generally in order to make it clearer, simpler and easier
to understand.

The most significant changes made by the Council to the Commission's proposal were in the two areas
identified below:

Firstly, with respect to comitology, the Council took into account the new rules which were adopted by
the Council in July 2006 (2). The new regulatory procedure with scrutiny introduced by these new rules,
which gives greater powers to the European Parliament, is foreseen in Articles 4(3) and 9(2) of the draft
Regulation. Article 4(3) relates to the criteria under which Member States may derogate from the general
standards for small airports or small aircrafts. Article 9(2) specifies the standards applicable to Member
States' national quality control programmes.

Secondly, Article 5(2) allows Member States to apply stricter national measures than those contained in
the Regulation. Given the issues at stake, the gravity of the various security threats and the fast-changing
circumstances surrounding these threats, the Council took the view that Member States should have a
sufficient margin of manoeuvre to impose any additional or special measures they judge necessary. Such
measures should not, in the opinion of the Council, require special justification at Community level.

With regard to the amendments proposed by the European Parliament, the Council was able to accept,
entirely or partially, the following 46 amendments:

2, 4, 5, 7, 8, 11, 12, 15, 17, 18, 20, 21, 23-30, 33, 34, 37, 40, 45-49, 51, 53-58, 65-68, 73, 77-79,
82 and 84.

However, the Council was unable to accept a number of other amendments. Chief among these are
amendments 3, 35, 43 and 44 on the financing of security arrangements under the Regulation. The
Council holds that it is inappropriate for a technical regulation such as the one at hand to contain
requirements or obligations on financing. The principle of subsidiarity dictates that such questions be
addressed at national level.

(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 200, 22.7.2006, p. 11.

27.3.2007

EN

Official Journal of the European Union

C 70E/33

A number of other amendments were not accepted, or were partially not accepted, because they
extended the scope of the Regulation beyond the security objectives which it is designed to meet. This is
the case notably for amendments 6, 9, 19, 36, 45, 57, 80 and 85. Amendments 1, 10, 13, 14, 16, 18,
22, 31, 32, 33, 50, 52, 60, 63, 72 and 74 were not accepted, wholly or partially, on the grounds that
they contradicted other parts of the draft Regulation, did not add any substantive meaning to the text or
were not in line with accepted terminology on aviation security. Lastly, amendments 20, 21, 38, 39, 41,
42, 59, 61, 62, 64, 69, 70, 71, 75, 76 and 83 were not accepted, wholly or partially, as the Council is
of the opinion that they either contain too great a level of detail for a Regulation of this type or are
incompatible with the Community's institutional arrangements or contain provisions which would prove
impractical to implement, either by Member States or the economic operators concerned.

III. CONCLUSION

The Council submits that the text of its common position is appropriate and balanced. The Council is of
the opinion that the common position reflects the aims behind the majority of the Parliament's amend-
ments.

The Council would like to underline the great effort which has gone into securing early agreement on
this Regulation and trusts that the common position will allow for early adoption of the legislation in
due course.