Regulation 2002/2320 - Common rules in the field of civil aviation security - Interinstitutional declaration - Main contents
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official title
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 - Interinstitutional declaration| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2002/2320 |
| Original proposal | COM(2001)575  |
| CELEX number i | 32002R2320 |
| Document | 16-12-2002 |
|---|---|
| Publication in Official Journal | 30-12-2002; Special edition in Latvian: Chapter 07 Volume 007,OJ L 355, 30.12.2002,Special edition in Bulgarian: Chapter 07 Volume 011,Special edition in Slovak: Chapter 07 Volume 007,Special edition in Czech: Chapter 07 Volume 007,Special edition in Hungarian: Chapter 07 Volume 007,Special edition in Estonian: Chapter 07 Volume 007,Special edition in Lithuanian: Chapter 07 Volume 007,Special edition in Polish: Chapter 07 Volume 007,Special edition in Maltese: Chapter 07 Volume 007,Special edition in Slovenian: Chapter 07 Volume 007,Special edition in Romanian: Chapter 07 Volume 011 |
| Effect | 19-01-2003; Entry into force Date pub. + 20 See Art 13 |
| End of validity | 28-04-2008; Repealed by 32008R0300 |
30.12.2002 |
EN |
Official Journal of the European Communities |
L 355/1 |
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
(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 conclusions of the Transport Council of 16 October 2001, and in particular paragraph 9 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 15 November 2002,
Whereas:
(1) |
The criminal acts committed in New York and Washington on 11 September 2001 show that terrorism is one of the greatest threats to the ideals of democracy and freedom and the values of peace, which are the very essence of the European Union. |
(2) |
The protection of the citizen within the European Community should at all times be ensured in civil aviation by preventing acts of unlawful interference. |
(3) |
Without prejudice to rules of the Member States in the field of national security and of measures to be taken on the basis of Title VI of the Treaty on European Union, such objective should be achieved by the adoption of appropriate provisions in the field of air transport policy establishing common basic standards, based on the current recommendations of the European Civil Aviation Conference (ECAC) Document 30. Executive powers should be delegated to the Commission to adopt the related detailed implementation measures. In order to prevent unlawful acts, certain of these implementation measures should be secret and not be published. |
(4) |
This Regulation respects fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union. |
(5) |
The various types of civil aviation activities are not necessarily subject to the same type of threat. It is therefore necessary for the detailed implementation measures to be duly adjusted to the special circumstances of each activity and to the sensitivity of certain measures. |
(6) |
At small airports, the application of common basic standards might be disproportionate or their implementation might be impossible for objective practical reasons. In such case the appropriate authorities of the Member States should have the possibility to apply alternative measures providing an adequate level of protection. The Commission should examine whether these measures are justified for objective practical reasons and whether they provide an adequate level of protection. |
(7) |
The Convention on International Civil Aviation, signed in Chicago on 7 December 1944, (Chicago Convention) provides for minimum standards to ensure the security of civil aviation. |
(8) |
In order to achieve the objectives of this Regulation, each Member State should adopt a national civil aviation security programme, as well as a corresponding quality control programme and a training programme. |
(9) |
In view of the diversity of the parties involved in the implementation of security measures at national level, it is necessary for each Member State to designate a single appropriate authority responsible for the coordination and the monitoring of the implementation of aviation security programmes. |
(10) |
Member States should be given the possibility to apply more stringent... |
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