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Document 32012R0173
Commission Implementing Regulation (EU) No 173/2012 of 29 February 2012 amending Regulation (EU) No 185/2010 as regards clarification and simplification of certain specific aviation security measures Text with EEA relevance
Commission Implementing Regulation (EU) No 173/2012 of 29 February 2012 amending Regulation (EU) No 185/2010 as regards clarification and simplification of certain specific aviation security measures Text with EEA relevance
Commission Implementing Regulation (EU) No 173/2012 of 29 February 2012 amending Regulation (EU) No 185/2010 as regards clarification and simplification of certain specific aviation security measures Text with EEA relevance
OJ L 59, 1.3.2012, p. 1–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 14/11/2015; Implicitly repealed by 32015R1998
1.3.2012 |
EN |
Official Journal of the European Union |
L 59/1 |
COMMISSION IMPLEMENTING REGULATION (EU) No 173/2012
of 29 February 2012
amending Regulation (EU) No 185/2010 as regards clarification and simplification of certain specific aviation security measures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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(3) thereof,
Whereas:
(1) |
Experience with the implementation of Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (2) has shown the need for small amendments to the implementing modalities of certain common basic standards. |
(2) |
This concerns the clarification or simplification of certain specific aviation security measures in order to improve legal clarity, standardise the common interpretation of the legislation and further ensure the best implementation of the common basic standards on aviation security. |
(3) |
The amendments concern the implementation of a limited number of measures in relation to access control, surveillance and patrols, screening of passengers and hold baggage, security controls for cargo, mail, in-flight and airport supplies, training of persons and security equipment. |
(4) |
Regulation (EU) No 185/2010 should therefore be amended accordingly. |
(5) |
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
The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 February 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX
Annex to Regulation (EU) No 185/2010 is amended as follows:
(1) |
point 1.1.3.4 is replaced by the following:
|
(2) |
the following paragraph is added to point 1.2.2.2: ‘Alternatively, access may also be granted after positive identification via biometric data verification.’; |
(3) |
the following paragraph is added to point 1.2.2.4: ‘Where biometric identification is used, the verification shall ensure that the person seeking access to security restricted areas holds one of the authorisations listed under point 1.2.2.2 and that this authorisation is valid and was not disabled.’; |
(4) |
the following point 1.2.6.9 is inserted:
|
(5) |
the following is added at the end of Point 1.2.7.1(c): ‘; and
|
(6) |
point 1.5.2 is replaced by the following:
|
(7) |
point 4.1.3.4 is amended as follows:
|
(8) |
point 5.3.3.2 is replaced by the following:
|
(9) |
point 6.0.2 is replaced by the following:
|
(10) |
point 6.0.3 is deleted; |
(11) |
point 6.3.2.6 is replaced by the following:
(*1) Not published.’;" |
(12) |
point 6.3.2.7 shall be replaced by the following:
|
(13) |
point 6.6.1.1(a) is replaced by the following:
|
(14) |
the following is added at the end of point 6.8.2.3: ‘Until July 2014, security status declarations in accordance with point 6.3.2.6(d) for EU-bound cargo or mail may be issued by the ACC3 or an air carrier arriving from a third country listed in Attachment 6Fii; from July 2014 regulated agents referred to under point 6.8.3 may also provide security status declarations in this respect.’; |
(15) |
the seventh indent of Attachment 6-A is replaced by the following:
|
(16) |
the second sentence under the header ‘Prohibited articles’ of Attachment 6-D is deleted; |
(17) |
Attachment 6-E is replaced by the following: ‘ ATTACHMENT 6-E HAULIER DECLARATION In accordance with Regulation (EC) No 300/2008 on common rules in the field of civil aviation security and its implementing acts, When collecting, carrying, storing and delivering air cargo/mail to which security controls have been applied [on behalf of name of regulated agent/air carrier applying security controls for cargo or mail/ known consignor/account consignor], I confirm that the following security procedures will be adhered to:
I accept full responsibility for this declaration. Name: Position in company: Name and address of the company: Date: Signature: ’; |
(18) |
the following point 8.0.4 is added:
|
(19) |
point 8.1.4.2 is replaced by the following:
|
(20) |
point 8.1.5 is replaced by the following: ‘8.1.5 Security controls to be applied by an air carrier, a regulated supplier and a known supplier
|
(21) |
the seventh indent of Attachment 8-A shall be replaced by the following:
|
(22) |
ATTACHMENT 8-B shall be replaced by the following: ‘ ATTACHMENT 8-B DECLARATION OF COMMITMENTS KNOWN SUPPLIER OF IN-FLIGHT SUPPLIES In accordance with Regulation (EC) No 300/2008 on common rules in the field of civil aviation security and its implementing acts, I declare that,
I shall accept full responsibility for this declaration. Legal representative Name: Date: Signature: ’; |
(23) |
the following point 9.0.4 is added:
|
(24) |
point 9.1.1.1 is replaced by the following:
|
(25) |
point 9.1.3.2 is replaced by the following:
|
(26) |
point 9.1.4 is replaced by the following: ‘9.1.4 Security controls to be applied by a known supplier or airport operator A known supplier of airport supplies or airport operator delivering airport supplies to the security restricted area shall:
Point (e) shall not apply during airside transportation. If a known supplier uses another company that is not a known supplier to the airport operator for transporting supplies to the airport, the known supplier shall ensure that all security controls listed in this point are adhered to.’; |
(27) |
Attachment 9-A is replaced by the following: ‘ ATTACHMENT 9-A DECLARATION OF COMMITMENTS KNOWN SUPPLIER OF AIRPORT SUPPLIES In accordance with Regulation (EC) No 300/2008 on common rules in the field of civil aviation security and its implementing acts, I declare that,
I shall accept full responsibility for this declaration. Legal representative Name: Date: Signature: ’; |
(28) |
the following point 11.2.7 is added: ‘11.2.7 Training of persons requiring general security awareness General security awareness training shall result in the following competencies:
Each person undergoing general security awareness training shall be required to demonstrate understanding of all subjects referred to in this point before taking up duty.’; |
(29) |
point 11.4.2(a) is replaced by the following:
|
(30) |
point 12.7.2.2 is replaced by the following:
|
(*1) Not published.’;’