(Utkast) Kommisjonens gjennomføringsforordning (EU) .../.... om endring av gjennomføringsforordning (EU) 2015/1998 om fastsettelse av detaljerte tiltak for gjennomføring av de felles grunnleggende standarder for luftfartssikkerhet
Sikkerhet i sivil luftfart: endringer til gjennomføringsbestemmelser
(Draft) Commission Implementing Regulation (EU) .../... amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 5.4.2024
Nærmere omtale
BAKGRUNN (fra kommisjonsforordningen)
- Experience gained with the implementation of Commission Implementing Regulation (EU) 2015/1998 has shown the need for minor amendments to the implementing measures of certain common basic standards on aviation security.
- The surface transport between the premises of regulated agents, known consignors and air carriers, of air cargo and mail to which the required security controls have been applied, is in many cases outsourced by such entities to external hauliers, operating on their behalf. Certain conditions and rules allowing the use of hauliers, as well as certain obligations for such hauliers are already set out in the Annex to Implementing Regulation (EU) 2015/1998.
- There is a need for more clarity in terms of visibility, accountability and oversight by the appropriate authorities of hauliers and the operations they perform to maintain the integrity of the air cargo and mail secure supply chain in the Union. For that purpose, requirements for approval and oversight of hauliers should be introduced into the Annex to Implementing Regulation (EU) 2015/1998.
- The requirements for approved hauliers should not impose unnecessary administrative and operational burden on both entities and appropriate authorities. The provisions setting out those requirements should also take into account the experience of the Member States that have established an approval and oversight scheme for hauliers operating at national level.
- In order to allow for a gradual introduction of the regime of approved hauliers in the Union, the current requirements to which hauliers are subject to should continue to apply until 31 December 2026. That would facilitate the preparation for mandatory implementation of the approved hauliers regime by both appropriate authorities and the relevant entities subjected to them.
Attachments 3-B, 4-B, 5-A and 6-F to the Annex to Implementing Regulation (EU) 2015/1998 list the third countries recognised as applying security standards equivalent to the common basic standards on aviation security. - The Commission has verified that the airport of Svalbard (unincorporated area of the Kingdom of Norway), meets the criteria set out in Part E of the Annex to Commission Regulation (EC) No 272/2009, with regard to screening of passengers and cabin baggage, screening of hold baggage, cargo and mail and aircraft security.
- It is therefore necessary to add Svalbard Airport to the lists in Attachments 3-B, 4-B, 5-A and 6-F to the Annex to Implementing Regulation (EU) 2015/1998.
- Commission Implementing Regulation (EU) 2023/566 introduced the requirement for explosive trace detection (ETD) equipment deployed from 1 September 2014 to also detect chemicals as of 1 July 2024. Experience in the ongoing implementation of the preparatory steps shows that the date of 1 July 2024 needs to be postponed by 15 months, in order to ensure compliance with that requirement and allowing a smooth upgrade of the deployed equipment by all users, without posing an undue risk to aviation security.
- Furthermore, certain detailed aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity, standardise the common interpretation of the relevant provisions and further ensure the best implementation of the common basic standards on aviation security.
- Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.
- The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19 of Regulation (EC) No 300/2008,