Regulation 2003/1486 - Procedures for conducting Commission inspections in the field of civil aviation security - Main contents

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Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security (Text with EEA relevance)

Official Journal L 213 , 23/08/2003 P. 0003 - 0006

Commission Regulation (EC) No 1486/2003

of 22 August 2003

laying down procedures for conducting Commission inspections in the field of civil aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security(1), and in particular Article 7(2) thereof,

Whereas:

• (1) 

  In order to monitor the application by Member States of Regulation (EC) No 2320/2002 the Commission should conduct inspections starting six months after the entry into force of that Regulation. The organisation of inspections under the supervision of the Commission is needed to verify the effectiveness of national civil aviation security quality-control programmes.

• (2) 

  The Commission should coordinate with the Member States the schedule and preparation of Commission inspections. Its inspection teams should include qualified national auditors made available by the Member States.

• (3) 

  Commission inspections should be carried out according to a set procedure, including a standard methodology.

• (4) 

  Sensitive information relating to inspections should be treated as classified information.

• (5) 

  The Commission should take into account the activities of Member States and examine the activities, procedures, training programmes and facilities of intergovernmental organisations to make the most efficient use of technical knowledge and resources, and to achieve a harmonised, cooperative approach in the field of civil aviation security, wherever possible.

• (6) 

  The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 9(1) of Regulation (EC) No 2320/2002,

HAS ADOPTED THIS REGULATION:

CHAPTER I SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation lays down procedures for conducting Commission inspections to monitor the application by Member States of Regulation (EC) No 2320/2002 at the level of each Member State and each individual airport.

The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

• 1. 

  "appropriate authority" means the national authority designated by a Member State pursuant to Article 5(2) of Regulation (EC) No 2320/2002;

• 2. 

  "Commission inspection" means an examination by Commission inspectors of existing quality controls and civil aviation security measures, procedures and structures to determine compliance with Regulation (EC) No 2320/2002;

• 3. 

  "Commission inspector" means an appropriately qualified person employed by the Commission or a national auditor mandated by the Commission to conduct civil aviation security inspections;

• 4. 

  "Committee" means the Committee instituted by Article 9(1) of Regulation (EC) No 2320/2002;

• 5. 

  "deficiency" means failure to comply with the requirements laid down in Regulation (EC) No 2320/2002;

• 6. 

  "national auditor" means a person employed by a Member State and qualified as a civil aviation security auditor in accordance with Article 10 of Commission Regulation (EC) No 1217/2003(2);

• 7. 

  "test" means a trial of civil aviation security measures, where intent to commit unlawful action is simulated for the purpose of testing efficiency in the implementation of existing security...

This text has been adopted from EUR-Lex.

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