CELEX: 32004R0849
Language: en
Date: 2004-04-29 00:00:00
Title: Regulation (EC) No 849/2004 of the European Parliament and of the Council of 29 April 2004 amending Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation security (Text with EEA relevance)

30.4.2004         EN        Official Journal of the European Union                      L 158/ 1
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                                                   I
                                (Acts whose publication is obligatory)
        REGULATION (EC) No 849/2004 OF THE EUROPEAN PARLIAMENT AND
                                        OF THE COUNCIL
                                          of 29 April 2004
                              amending Regulation (EC) No 2320/2002
                   establishing common rules in the field of civil aviation security
                                      (Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, 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,
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty 2,
1
      Opinion delivered on 28 January 2004 (not yet published in the Official Journal).
2
      Opinion of the European Parliament of 11 March 2004 (not yet published in the Official
      Journal), Council Decision of 29 April 2004.
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Whereas:
(1)   Regulation (EC) No 2320/2002 1 establishes harmonised common rules in the field of civil
      aviation security.
(2)   The application of Regulation (EC) No 2320/2002 has demonstrated that there is a need for
      technical amendments. These amendments do not seek to change the scope of the Regulation,
      nor do they prejudice in any way the security of civil aviation passengers.
(3)   Regulation (EC) No 2320/2002 permits different but adequate levels of security to be set at
      the smallest airports. It is consistent to permit the same adequate levels of security at both
      ends of a flight.
(4)   Regulation (EC) No 2320/2002 should be amended accordingly,
HAVE ADOPTED THIS REGULATION:
                                                 Article 1
Regulation (EC) 2320/2002 is hereby amended as follows:
1)    The following definition shall be added to Article 2:
      "(4) "demarcated area" shall mean an area that is separated from other security restricted
            areas of an airport by means of access control.";
1
      OJ L 355, 30.12.2002, p. 1.
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2)    Article 4 shall be amended as follows:
      –     paragraph 3 shall be replaced by the following:
      "3. The appropriate authority of a Member State may, on the basis of a local risk assessment,
      and where the application of the security measures specified in the Annex may be
      disproportionate, or where they cannot be implemented for objective practical reasons, adopt
      national security measures to provide an adequate level of protection, at airports,:
      (a)   with a yearly average of no more than 2 commercial flights per day; or
      (b)   with only general aviation flights; or
      (c)   with commercial activity limited to aircraft with less than 10 tonnes of Maximum Take
            Off Weight (MTOW) or fewer than 20 seats,
      taking into account the particularities of such small airports.
      The Member State concerned shall inform the Commission of these measures.";
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      –     the following paragraph shall be inserted:
      "3(a) Paragraph 3 may also apply to demarcated areas of airports with:
      (a)   only general aviation flights; or
      (b)   with commercial activity limited to aircraft with less than 10 tonnes MTOW or fewer
            than 20 seats.
      A demarcated area shall be indicated in the airport security programme.
      Each flight originating from a demarcated area of an airport shall indicate this fact to the
      destination airport in advance of the arrival of the flight.";
3)    in Article 7 the words "audited", "audits", "auditors" and "audit reports" shall be replaced by
      "monitored", "compliance monitoring activities", "persons" and "compliance monitoring
      reports" respectively.;
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4)    the Annex shall be amended as follows:
      –    in point 5.2 the following paragraph shall be added:
      "3.  Exemptions
           Hold baggage of those parties listed under point 4.1, paragraph 3, may be subject to
           special screening measures or exempt from screening.";
      –    in point 7.3, paragraph 1(b), the final phrase shall be replaced by:
           "so as reasonably to ensure that it does not contain any prohibited article as listed in
           points (iv) and (v) of the Attachment, unless it has been declared and properly subjected
           to applicable safety measures; and".
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                                               Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 29 April 2004.
   For the European Parliament                                         For the Council
           The President                                                The President
              P. COX                                                  M. McDOWELL