Regulation 2009/272 - Supplement to the common basic standards on civil aviation security laid down in the Annex to Regulation 300/2008 - Main contents
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official title
Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the CouncilLegal instrument | Regulation |
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Number legal act | Regulation 2009/272 |
CELEX number i | 32009R0272 |
Document | 02-04-2009 |
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Publication in Official Journal | 03-04-2009; Special edition in Croatian: Chapter 07 Volume 020,OJ L 91, 3.4.2009 |
Effect | 23-04-2009; Entry into force Date pub. + 20 See Art 3 29-04-2010; At the latest See Art 3 |
End of validity | 31-12-9999 |
3.4.2009 |
EN |
Official Journal of the European Union |
L 91/7 |
COMMISSION REGULATION (EC) No 272/2009
of 2 April 2009
supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular Article 4(2) thereof,
Whereas:
(1) |
The Commission is required by Article 4(2) of Regulation (EC) No 300/2008 to adopt general measures designed to amend non-essential elements of the common basic standards on civil aviation security laid down in the Annex to that Regulation by supplementing them. |
(2) |
Article 4(3) of Regulation (EC) No 300/2008 further provides that the Commission must adopt detailed measures for implementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008, as supplemented by the general measures adopted by the Commission on the basis of Article 4(2). |
(3) |
General measures supplementing the common basic standards on civil aviation security should therefore be adopted in the field of screening, access control and other security controls as well as in the field of prohibited articles, third country recognition of equivalence, staff recruitment, training, special security procedures and exemptions from security controls. |
(4) |
These general measures are necessary in order to achieve a level of aviation security within the European Union that is equivalent to the standards required by Regulation (EC) No 2320/2002 (2), which was repealed by Regulation (EC) No 300/2008. |
(5) |
In accordance with Article 24 of Regulation (EC) No 300/2008, the Annex to the said Regulation shall apply as from the date to be specified in the implementing rules, but not later than 24 months after the entry into force of Regulation (EC) No 300/2008. Therefore, the application of the general measures adopted pursuant to Article 4(2) of Regulation (EC) No 300/2008 should be deferred until the adoption of implementing rules pursuant to Article 4(3), but not later than 29 April 2010. |
(6) |
Methods, including technologies, for detection of liquid explosives should be deployed on an EU-wide basis at airports as swiftly as possible and no later than 29 April 2010, thus allowing passengers to carry harmless liquids without restrictions. If it is not possible to deploy methods, including technologies, for the detection of liquid explosives on an EU-wide basis in time, the Commission will propose the necessary addition to the categories of items that may be prohibited (Part B of the Annex). If the deployment of methods, including technologies, is not possible at certain airports for objective reasons, modalities to allow liquids to be carried without compromising standards of security will be specified by the Commission in implementing measures. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security, |
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation provides for general measures to supplement the common basic standards set out in the Annex to Regulation (EC) No 300/2008 in order to:
(a) |
allow methods of screening as laid down in part A of the Annex; |
(b) |
prohibit categories of articles as laid down in part B of the Annex; |
(c) |
provide grounds for granting access to airside and security restricted areas as laid down in part C... |
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