Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (Text with EEA relevance)
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: air safety, civil aviation, harmonisation of standards, safety standard

L 97/72

EN

Official Journal of the European Union

9.4.2008

REGULATION (EC) No 300/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(4)

The content of Regulation (EC) No 2320/2002 should be
revised in the light of the experience gained, and the Regu-
lation itself should be repealed and replaced by this Regu-
lation seeking the simplification, harmonisation and
clarification of the existing rules and the improvement of
the levels of security.

Having regard to the Treaty establishing the European Commu-
nity, 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),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2), in the light of the joint text approved by the Con-
ciliation Committee on 16 January 2008.

Whereas:

(1)

(2)

(3)

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

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

Regulation (EC) No 2320/2002 of the European Parlia-
ment and of the Council of 16 December 2002 establish-
ing 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. A common approach is needed
in the field of civil aviation security and consideration
should be given to the most effective means of offering
assistance following terrorist acts that have a major impact
in the transport field.

(5)

(6)

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 principles
of what has to be done in order to safeguard civil aviation
against acts of unlawful interference without going into the
technical and procedural details of how they are to be
implemented.

This Regulation should apply to airports serving civil avia-
tion located in the territory of a Member State, to opera-
tors providing services at such airports and to entities
providing goods and/or services to or through such
airports.

(7) Without prejudice to the Convention on offences and cer-
tain 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 sup-
pression 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.

(1) OJ C 185, 8.8.2006, p. 17.
(2) Opinion of the European Parliament of 15 June 2006 (OJ C 300 E,
9.12.2006, p. 463), Council Common Position of 11 December 2006
(OJ C 70 E, 27.3.2007, p. 21) and Position of the European Parliament
of 25 April 2007 (not yet published in the Official Journal), Legisla-
tive Resolution of the European Parliament of 11 March 2008 (not yet
published in the Official Journal) and Council Decision of 4 March
2008.

(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, corrected by OJ L 229,
29.6.2004, p. 3).

(8)

Each Member State retains the competence to decide
whether to deploy in-flight security officers on aircraft reg-
istered in that Member State and on flights of air carriers
licensed by it as well as to ensure, in accordance with para-
graph 4.7.7 of Annex 17 to the Chicago Convention on
International Civil Aviation and under the terms of that
Convention, that such officers are government personnel
who are specially selected and trained, taking into account
the required security and safety aspects on board an
aircraft.

9.4.2008

EN

Official Journal of the European Union

L 97/73

(9)

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 operations
at airports should be taken into account with a view to per-
mitting the grant of derogations.

(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 con-
ferred on the Commission (2).

(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.

(18)

(11)

(12)

(13)

(14)

(15)

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
party, it should be possible for the Commission to exam-
ine the measures required by the third country.

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 security standards.

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. Fur-
thermore, each airport operator, air carrier and entity
implementing aviation security standards should draw up,
apply and maintain a security programme in order to com-
ply 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 level and
quality of civil aviation security.

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

(16) As a general rule, the Commission should publish mea-
sures that have a direct impact on passengers. Implement-
ing acts setting out common measures and procedures for
the implementation of the common basic standards on
aviation security which contain sensitive security informa-
tion, together with Commission inspection reports and the
answers of the appropriate authorities should be regarded
as EU classified information within the meaning of Com-
mission Decision 2001/844/EC, ECSC, Euratom of
29 November 2001 amending its internal rules of proce-
dure (1). Those items should not be published and should
be made available only to those operators and entities with
a legitimate interest.

In particular, the Commission should be empowered to
adopt general measures amending non-essential elements
of the common basic standards by supplementing them,
set criteria allowing Member States both to derogate from
the common basic standards and to adopt alternative secu-
rity measures, and adopt specifications for national quality
control programmes. Since those measures are of general
scope and are designed to amend non-essential elements of
this Regulation by supplementing it with new non-essential
elements, they must be adopted in accordance with the
regulatory procedure with scrutiny provided for
in
Article 5a of Decision 1999/468/EC.

(19) When, on imperative grounds of urgency, the normal time-
limits for the regulatory procedure with scrutiny cannot be
complied with, the Commission should be able to apply
the urgency procedure provided for in Article 5a(6) of
Decision 1999/468/EC for the adoption of common rules
for safeguarding civil aviation.

(20)

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

(21)

Furthermore, it should not be necessary to rescreen pas-
sengers or their baggage arriving on flights from third
countries that have aviation security standards equivalent
to those laid down by this Regulation. Therefore, without
prejudice to the right of each Member State to apply more
stringent measures, or to the respective competences of the
Community and Member States, decisions of the Commis-
sion, and, where necessary, agreements between the Com-
munity and third countries, which recognise that the
security standards applied in the third country are equiva-
lent to the common standards, should be encouraged since
these further one-stop security.

(22)

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

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

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

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

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

L 97/74

EN

Official Journal of the European Union

9.4.2008

(23)

(24)

(25)

Penalties should be provided for infringements of the pro-
visions of this Regulation. Those penalties, which may be
of a civil or administrative nature, should be effective, pro-
portionate and dissuasive.

The Ministerial Statement on Gibraltar Airport, agreed in
Cordoba on 18 September 2006 during the first Ministe-
rial 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 safeguard
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 Community 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 Regulation does not go beyond
what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.
This Regulation establishes common rules to protect civil
aviation against acts of unlawful interference that jeopardise the
security of civil aviation.

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

The means of achieving the objectives set out in paragraph 1

2.
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 air-

ports 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).

2.
The application of this Regulation to the airport of Gibral-
tar is understood to be without prejudice to the respective legal
positions of the Kingdom of Spain and the United Kingdom with
regard to the dispute over sovereignty over the territory in which
the airport is situated.

Article 3

Definitions

For the purposes of this Regulation:

1.

2.

3.

4.

5.

6.

7.

8.

‘civil aviation’ means any air operation carried out by civil air-
craft, 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 that jeopardise
the security of civil aviation;

‘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 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);

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

‘prohibited articles’ means weapons, explosives or other dan-
gerous devices, articles or substances that may be used to
commit an act of unlawful interference that jeopardises the
security of civil aviation;

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

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

9.4.2008

EN

Official Journal of the European Union

L 97/75

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 ter-
rain 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, including any criminal history, as part of the assess-
ment of an individual’s suitability for unescorted access to
security restricted areas;

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 passengers,
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;

22.

‘air carrier mail’ means mail whose origin and destination are
both 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 air-
craft, other than baggage, mail, air carrier mail, air 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.

‘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 car-
riage of cargo or mail on any aircraft;

28.

‘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 car-
riage of that cargo on all-cargo aircraft or mail on all-mail
aircraft;

29.

‘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 interfer-
ences with the aircraft;

30.

‘aircraft security search’ means an inspection of the interior
and accessible exterior of the aircraft in order to detect pro-
hibited articles and unlawful interferences that jeopardise the
security of the aircraft;

31.

‘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 that jeopardise the secu-
rity of the flight.

Article 4

Common basic standards

1.
The common basic standards for safeguarding civil aviation
against acts of unlawful interference that jeopardise the security
of civil aviation shall be as laid down in the Annex.

23.

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

Additional common basic standards not foreseen at the entry into
force of this Regulation should be added to the Annex in accor-
dance with the procedure referred to in Article 251 of the Treaty.

L 97/76

EN

Official Journal of the European Union

9.4.2008

General measures, designed to amend non-essential ele-
2.
ments of the common basic standards referred to in paragraph 1
by supplementing them, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 19(3).

These shall include:

(a)

requirements and procedures for screening;

These general measures shall concern:

(b) a list of prohibited articles;

(a) methods of screening allowed;

(c)

requirements and procedures for access control;

(b) categories of articles that may be prohibited;

(d)

requirements and procedures for the examination of vehicles,
aircraft security checks and aircraft security searches;

(c) as regards access control, grounds for granting access to air-

(e) decisions to recognise the equivalence of security standards

side and security restricted areas;

applied in a third country;

(d) methods allowed for the examination of vehicles, aircraft

security checks and aircraft security searches;

(f)

as regards cargo and mail, procedures for the approval or
designation of, and the obligations to be fulfilled by, regu-
lated agents, known consignors and account consignors;

(e)

criteria for recognising the equivalence of security standards
of third countries;

(g)

requirements and procedures for security controls of air car-
rier mail and air carrier materials;

(f)

conditions under which cargo and mail shall be screened or
subjected to other security controls, as well as the process for
the approval or designation of regulated agents, known con-
signors and account consignors;

(h) as regards in-flight supplies and airport supplies, procedures
for the approval or designation of, and the obligations to be
fulfilled by, regulated suppliers and known suppliers;

(g) conditions under which air carrier mail and air carrier mate-
rials shall be screened or subjected to other security controls;

(h) conditions under which in-flight supplies and airport sup-
plies shall be screened or subjected to other security controls,
as well as the process for the approval or designation of regu-
lated suppliers and known suppliers;

(i)

definition of critical parts of security restricted areas;

(j)

staff recruitment and training requirements;

(k)

special security procedures or exemptions from security
controls;

(i)

criteria for defining critical parts of security restricted areas;

(l)

technical specifications and procedures for approval and use
of security equipment; and

(j)

criteria for staff recruitment and methods of training;

(m) requirements and procedures concerning potentially disrup-

tive passengers.

(k) conditions under which special security procedures or
exemptions from security controls may be applied; and

(l)

any general measures designed to amend non-essential ele-
ments of the common basic standards referred to in para-
graph 1 by supplementing them not foreseen at the date of
entry into force of this Regulation.

On imperative grounds of urgency, the Commission may use the
urgency procedure referred to in Article 19(4).

3.
Detailed measures for the implementation of the common
basic standards referred to in paragraph 1 and the general mea-
sures referred to in paragraph 2 shall be laid down in accordance
with the regulatory procedure referred to in Article 19(2).

4.
The Commission shall, by amending this Regulation
through a decision in accordance with the regulatory procedure
with scrutiny referred to in Article 19(3), set criteria to allow
Member States to derogate from the common basic standards
referred to in paragraph 1 and to adopt alternative security mea-
sures that provide an adequate level of protection on the basis of
a local risk assessment. Such alternative measures shall be justi-
fied 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 19(4).

The Member States shall
measures.

inform the Commission of such

9.4.2008

EN

Official Journal of the European Union

L 97/77

5. Member States shall ensure the application in their territory
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.

At the request of the Member State concerned or on its own
2.
initiative, the Commission shall examine the application of any
measures notified under paragraph 1 and may, in accordance with
the regulatory procedure referred to in Article 19(2), draw up an
appropriate response to the third country concerned.

Article 5

Security costs

Subject to the relevant rules of Community law, each Member
State may determine in which circumstances, and the extent to
which, the costs of security measures taken under this Regulation
to protect civil aviation against acts of unlawful
interference
should be borne by the State, the airport entities, air carriers, other
responsible agencies, or users. If appropriate, and in conformity
with Community law, Member States may contribute with users
to the costs of more stringent security measures taken under this
Regulation. As far as may be practicable, any charges or transfers
of security costs shall be directly related to the costs of providing
the security services concerned and shall be designed to recover
no more than the relevant costs involved.

Article 6

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. Τhose measures shall be relevant, objective, non-
discriminatory and proportional
is being
addressed.

to the risk that

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

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

Article 7

Security measures required by third countries

1. Without prejudice to any bilateral agreements to which the
Community is a party, a Member State shall notify the Commis-
sion of 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.

3.

Paragraphs 1 and 2 shall not apply if:

(a)

the Member State concerned applies the measures concerned
in accordance with Article 6; or

(b)

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

Article 8

Cooperation with the International Civil Aviation
Organisation

Without prejudice to Article 300 of the Treaty, the Commission
may conclude a Memorandum of Understanding concerning
audits with the International Civil Aviation Organisation (ICAO)
in order to avoid duplicate monitoring of Member States’ com-
pliance with Annex 17 to the Chicago Convention on Interna-
tional Civil Aviation.

Article 9

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 monitoring
of the implementation of the common basic standards referred to
in Article 4.

Article 10

National civil aviation security programme

Every Member State shall draw up, apply and maintain a

1.
national civil aviation security programme.

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

2.
The appropriate authority shall make available in writing 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.

L 97/78

EN

Official Journal of the European Union

9.4.2008

Article 11

National quality control programme

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

Every Member State shall draw up, apply and maintain a

1.
national quality control programme.

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

2.
The specifications for the national quality control pro-
gramme shall be adopted by amending this Regulation through
the addition of an annex in accordance with the regulatory pro-
cedure with scrutiny referred to in Article 19(3).

On imperative grounds of urgency, the Commission may use the
urgency procedure referred to in Article 19(4).

The programme shall allow for the swift detection and correction
of deficiencies. It shall also provide that all airports, operators 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 12

Airport security programme

Every airport operator shall draw up, apply and maintain an

1.
airport security programme.

That programme shall describe the methods and procedures
which are to be followed by the airport operator in order to com-
ply both with this Regulation and with the national civil aviation
security programme of the Member State in which the airport is
located.

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

Upon request, the air carrier security programme shall be
2.
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 implementation of:

(a)

the security measures applied by that Member State under
Article 6; and/or

(b)

local procedures that are applicable at the airports served.

Article 14

Entity security programme

Every entity required under the national civil aviation secu-
1.
rity programme referred to in Article 10 to apply aviation secu-
rity 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 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 to be monitored by the entity itself.

2.
Upon request, the security programme of the entity apply-
ing aviation security standards shall be submitted to the appro-
priate authority, which may take further action if appropriate.

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

Article 15

Commission inspections

Article 13

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.

1.
The Commission, acting in cooperation with the appropri-
ate authority of the Member State concerned, shall conduct
inspections, including inspections of airports, operators and enti-
ties applying aviation security standards, in order to monitor the
application by Member States of this Regulation and, as appro-
priate, to make recommendations to improve aviation security.
For this purpose, the appropriate authority shall inform the Com-
mission in writing of all airports in its territory serving civil avia-
tion other than those covered by Article 4(4).

The procedures for conducting Commission inspections shall be
adopted in accordance with the regulatory procedure referred to
in Article 19(2).

9.4.2008

EN

Official Journal of the European Union

L 97/79

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

3.
Each Commission inspection report shall be communicated
to the appropriate 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 appropriate author-
ity, shall subsequently be communicated to the appropriate
authority of the other Member States.

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

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.

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

Article 16

Annual report

Every year the Commission shall present a report to the European
Parliament, the Council and the Member States informing them of
the application of this Regulation and of its impact on improving
aviation security.

Article 17

Stakeholders’ Advisory Group

Without prejudice to the role of the Committee referred to in
Article 19, the Commission shall establish a Stakeholders’ Advi-
sory Group on Aviation Security, composed of European repre-
sentative organisations engaged in, or directly affected by, aviation
security. The role of this group shall be solely to advise the Com-
mission. The Committee referred to in Article 19 shall keep the
Stakeholders’ Advisory Group informed during the entire regula-
tory process.

Article 18

Dissemination of information

As a general rule, the Commission shall publish measures that
have a direct impact on passengers. However, the following docu-
ments shall be regarded as EU classified information within the
meaning of Decision 2001/844/EC, ECSC, Euratom:

(a) measures and procedures as referred to in Articles 4(3), 4(4),
6(1) and 7(1), if containing sensitive security information;

(b)

the Commission inspection reports and the answers of the
appropriate authorities referred to in Article 15(3).

Article 19

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 pro-
visions of Article 8 thereof.

Article 20

Agreements between the Community and third countries

When appropriate, and in conformity with Community law,
agreements recognising that the security standards applied in a
third country are equivalent to Community standards could be
envisaged in aviation agreements between the Community and a
third country in accordance with Article 300 of the Treaty, in
order to advance the goal of ‘one-stop security’ for all flights
between the European Union and third countries.

Article 21

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.

Article 22

Commission report on financing

The Commission will report, no later than 31 December 2008, on
the principles of the financing of the costs of civil aviation secu-
rity measures. That report will consider what steps need to be
taken in order to ensure that security charges are used exclusively
to meet security costs, and to improve the transparency of such
charges. The report will also address the principles necessary to
safeguard undistorted competition between airports and between
air carriers, and the different methods to ensure consumer pro-
tection as regards the distribution of the costs of security mea-
sures between taxpayers and users. The Commission report will
be accompanied, if appropriate, by a legislative proposal.

Article 23

Repeal

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

L 97/80

EN

Official Journal of the European Union

9.4.2008

Article 24

Entry into force

1.
This Regulation shall enter into force on the 20th day fol-
lowing its publication in the Official Journal of the European Union.

It shall apply as from the date specified in the implement-
2.
ing rules adopted in accordance with the procedures referred to
in Article 4(2) and (3), but not later than 24 months after the
entry into force of this Regulation.

By way of exception to paragraph 2, Articles 4(2), 4(3), 4(4),
3.
8, 11(2), 15(1) second subparagraph, 17, 19 and 22 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 Strasbourg, 11 March 2008.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ

9.4.2008

EN

Official Journal of the European Union

L 97/81

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

ANNEX

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.

L 97/82

EN

Official Journal of the European Union

9.4.2008

2.

DEMARCATED AREAS OF AIRPORTS

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

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 appro-
priate 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 pro-

hibited 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 com-
mon 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 regulatory procedure referred to in Article 19(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 com-
mon 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 regulatory procedure referred to in Article 19(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 hav-
ing 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 regulatory procedure referred to in Article 19(2).

9.4.2008

EN

Official Journal of the European Union

L 97/83

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)

(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 basic standards; or

it arrives from a third country where the security standards applied are recognised as equivalent to the com-
mon basic standards in accordance with the regulatory procedure referred to in Article 19(2).

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.

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 fac-

tors beyond the passenger’s control or subjected to appropriate 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 implement-
ing 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.

L 97/84

EN

Official Journal of the European Union

9.4.2008

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 intro-
duced 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, with the exception of those carried in the hold, shall not be carried on board an aircraft, unless the
required security conditions in accordance with national laws have been fulfilled and authorisation has been given
by the states involved.

4.

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

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
competent 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
qualifications.

12.

SECURITY EQUIPMENT

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