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Home Transport & Mobility Civil Aviation Security Regulation

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.

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

2. General measures, designed to amend non-essential elements 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 general measures shall concern:

(a) methods of screening allowed;

(b) categories of articles that may be prohibited;

(c) as regards access control, grounds for granting access to airside and security restricted areas;

(d) methods allowed for the examination of vehicles, aircraft security checks and aircraft security searches;

(e) criteria for recognising the equivalence of security standards of third countries;

(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 consignors and account consignors;

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

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

(i) criteria for defining critical parts of security restricted areas;

(j) criteria for staff recruitment and methods of training;

(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 elements of the common basic standards referred to in paragraph 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 measures referred to in paragraph 2 shall be laid down in accordance with the regulatory procedure referred to in Article 19(2).

These shall include:

(a) requirements and procedures for screening;

(b) a list of prohibited articles;

(c) requirements and procedures for access control;

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

(e) decisions to recognise the equivalence of security standards applied in a third country;

(f) as regards cargo and mail, procedures for the approval or designation of, and the obligations to be fulfilled by, regulated agents, known consignors and account consignors;

(g) requirements and procedures for security controls of air carrier mail and air carrier materials;

(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;

(i) definition of critical parts of security restricted areas;

(j) staff recruitment and training requirements;

(k) special security procedures or exemptions from security controls;

(l) technical specifications and procedures for approval and use of security equipment; and

(m) requirements and procedures concerning potentially disruptive passengers.

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 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 19(4).

The Member States shall inform the Commission of such measures.

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.

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