This document is an excerpt from the EUR-Lex website
Document 32011R0859
Commission Implementing Regulation (EU) No 859/2011 of 25 August 2011 on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of air cargo and mail Text with EEA relevance
Commission Implementing Regulation (EU) No 859/2011 of 25 August 2011 on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of air cargo and mail Text with EEA relevance
Commission Implementing Regulation (EU) No 859/2011 of 25 August 2011 on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of air cargo and mail Text with EEA relevance
OJ L 220, 26.8.2011, p. 9–15
(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No longer in force, Date of end of validity: 14/11/2015; Implicitly repealed by 32015R1998
26.8.2011 |
EN |
Official Journal of the European Union |
L 220/9 |
COMMISSION IMPLEMENTING REGULATION (EU) No 859/2011
of 25 August 2011
on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of air cargo and mail
(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 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) |
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) does not contain rules for cargo and mail being carried to Union airports from third countries. It is necessary to introduce such rules in order to protect civil aviation carrying such cargo from acts of unlawful interference. |
(2) |
Regulation (EU) No 185/2010 should therefore be amended accordingly. |
(3) |
When assessing aviation security in third countries, consideration will be given to cooperation and partnership agreements concluded between the Union or individual Member States and third countries that provide a basis for guaranteeing the proper implementation of aviation security standards. |
(4) |
When concluding Air Transport Agreements with third countries, the Commission and Member States should work towards achieving enhanced cooperation on aviation security supporting the implementation and application of standards and principles in third countries equivalent to those of the Union where this is effective to meet global threat and risk. |
(5) |
By July 2013 the Commission should, together with Member States and stakeholders, examine the practical consequences and feasibility of the implementation of independent validation for air carriers carrying cargo from third country airports into the EU and the regulated agents and known consignors from which they directly accept consignments, and make any adjustments to the system, including amendments to this Regulation, where necessary. |
(6) |
Building on the International Civil Aviation Organisation (ICAO) contracting states’ responsibility to meet at least ICAO standards for cargo security, the Commission and the Member States should reach out to authorities in third countries to cooperate with and, where possible and requested, provide assistance with capacity building in relation to the implementation of requirements to secure air cargo and mail being carried into the EU. |
(7) |
The Commission will coordinate and take an active part in Union action for facilitating the implementation of aviation security requirements in respect of operations into the Union from third country airports and provide non-EU bodies with access to relevant information on a strict need to know basis and on the condition that sufficient guarantees are in place. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008, |
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
The Commission will assess and evaluate the application of the measures provided for in this Regulation and if appropriate make a proposal by 1 July 2015 at the latest.
The Commission will, at the latest by 31 December 2012, assess the likely impact of the requirements set out in this Regulation, in particular the independent validation requirements. The results shall be submitted to the Committee on Civil Aviation Security. Where appropriate, the Commission will propose adjustments to the requirements by 1 July 2013.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply as from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
A. |
Point 6.1.2 is replaced by the following:
|
B. |
Point 6.3.2.6(d) is replaced by the following:
|
C. |
In Chapter 6, the following points are added: ‘6.7. HIGH RISK CARGO AND MAIL (HRCM) Provisions for high risk cargo and mail are laid down in a separate Commission Decision. 6.8. PROTECTION OF CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES 6.8.1. Designation of air carriers
6.8.2. Security controls for cargo and mail arriving from a third country
6.8.3. Designation of third country regulated agents, known consignors and account consignors
6.8.4. Non-compliance
(*1) OJ L 107, 27.4.2011, p. 1." (*2) OJ L 219, 22.8.2009, p. 1." (*3) OJ L 275, 25.10.2003, p. 32, as amended by Directive 2008/101/EC (OJ L 8, 13.1.2009, p. 3).’ " |
D. |
Attachment 6-F is replaced by the following: ‘ ATTACHMENT 6-F CARGO AND MAIL 6-Fi THIRD COUNTRIES RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS 6-Fii THIRD COUNTRIES FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED Third countries for which ACC3 designation is not required are listed in a separate Commission Decision.’ |
E. |
The following attachments are added: ‘ ATTACHMENT 6-G PROVISIONS RELATING TO THIRD COUNTRY CARGO AND MAIL The ACC3 security programme shall set out, as applicable and either for each third country airport individually or as a generic document specifying any variations at named third county airports:
ATTACHMENT 6-H DECLARATION OF COMMITMENTS — ACC3 I declare that,
I accept full responsibility for this declaration. Name: Position in company: Date: Signature: ATTACHMENT 6-I Provisions for high risk cargo are laid down in a separate Commission Decision. ATTACHMENT 6-J Provisions for the use of screening equipment are laid down in a separate Commission Decision.’ |
F. |
In Chapter 11, the following point is added: 11.0.5. For the purposes of this Regulation, any of the following may act as an independent validator:
|
(*1) OJ L 107, 27.4.2011, p. 1.
(*2) OJ L 219, 22.8.2009, p. 1.
(*3) OJ L 275, 25.10.2003, p. 32, as amended by Directive 2008/101/EC (OJ L 8, 13.1.2009, p. 3).’ ’