Explanatory Memorandum to COM(2008)335-1 - Signature and provisional application of a memorandum of cooperation with the International Civil Aviation Organization regarding security audits / inspections and related matters - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)335-1 - Signature and provisional application of a memorandum of cooperation with the International Civil Aviation Organization ... |
|---|---|
| source | COM(2008)335  |
| date | 05-06-2008 |
Grounds for and objectives of the proposal
Since 2002, ICAO conducts security audits in all its Contracting States, including the EC Member States, in order to monitor the application of Annex 17 to the Chicago Convention. Since 2004, on the basis of Regulation (EC) No 2320/2002, the Commission conducts security inspections in order to monitor the application by Member States of this Regulation. Annex 17 and Regulation (EC) No 2320/2002 contain, to a large extent, similar standards. As a consequence, Member States are to date confronted with two compliance monitoring systems with the same objective and – broadly – the same scope. Both Member States and ICAO could make better use of limited resources if the ICAO audits in the Community would be significantly reduced.
To that end, on 30 November 2007, the Council adopted the Commission recommendation 'to authorise the Commission to open negotiations on an agreement regarding aviation security audits / inspections and related matters between the European Community and the International Civil Aviation Organization (ICAO)'.
The objective of the agreement would be a significant reduction of individual audits to be carried out by ICAO under its Universal Security Audit Programme (USAP) within the territory of the European Community by recognising that most standards contained in Annex 17 to the Chicago Convention are also covered by Community legislation (Regulation (EC) No 2320/2002) and that the Commission is required to conduct inspections in order to monitor the application by Member States of this Regulation.
The negotiations for an agreement have been prepared in close cooperation with the Special Committee, which was set up by the Council when approving the Commission's negotiating mandate. The negotiations with ICAO took place on 25 January 2008, and resulted in a draft MoC between ICAO and the European Community regarding security audits / inspections and related matters.
The current proposals aim at a decision by the Council on the signature and provisional application as well as on the conclusion of the MoC.
Existing provisions in the area of the proposal
Annex 17 to the Chicago Convention and Regulation (EC) No 2320/2002 contain standards on civil aviation security with the same objective and broadly the same scope. Both ICAO and the Commission perform audits / inspections in EC Member States to verify compliance with these standards.
Consistency with the other policies and objectives of the Community
In accordance with the aims of the Community civil aviation policy, the MoC will strengthen the relationship between the Community and ICAO, and allow for a better use of limited resources of Member States in the field of compliance monitoring.
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents
The draft MoC was developed in consultation with a Special Committee appointed by the Council. Meetings of the Special Committee were convened on 22 January, 25 January and 11 March.
Since duplication of assessments at airports will be reduced, the whole aviation industry, in particular airports and air carriers in the Community, will benefit from this MoC.
Summary of responses and how they have been taken into account
Comments made by Member States forwarded during meetings of the Special Committee have been taken into account.
3)
Summary of the proposed action
In accordance with the mandate given to the Commission to open negotiations with ICAO, the draft MoC aims to significantly reduce individual audits by ICAO in Member States. To that end, ICAO will assess the European Commission aviation security inspection system, e.g. the reports of the inspections of the national appropriate authorities together with the data received from the Member State concerned, the inspection methodology and the follow up audits.
In order to ensure the appropriate handling of EU classified information, ICAO is bound to comply with Commission Decision 2001/844/EC, ECSC, Euratom, of 29 November 2001 amending its internal Rules of Procedure. The Commission is authorised to verify in situ which protection measures have been put in place by ICAO.
Legal basis
EC Treaty Art. 80 i, 300 (1)
Subsidiarity principle
Only through an agreement between the Community and ICAO can the burden of duplication of security audits / inspections at Member State level be reduced.
Proportionality principle
The draft MoC covers only those standards of Annex 17 that are also covered by Regulation (EC) No 2320/2002. The draft MoC does in principle not preclude the possibility of ICAO conducting audits in Member States for those parts of Annex 17 not covered by Community legislation; ICAO did however indicate that it will see such audits as no priority, in view of the MoC covering most of the standards of Annex 17. Nevertheless, ICAO will continue to have a direct relationship with Member States.
Choice of instruments
Since the draft MoC contains binding elements for both Parties, an agreement in accordance with Art. 300 of the EC Treaty is required.
4)
The proposal has no implication for the Community budget.
Avoiding duplication of work
The proposal aims at significantly reducing the number of individual audits in Member States, at national and at airport level, thereby avoiding duplication of work and allowing for a better use of limited resources. Both Member States and the aviation industry in the Community, in particular airports and airlines, will benefit from this MoC.
Detailed explanation of the proposal
In accordance with the standard procedure for the signature and conclusion of international agreements, the Council is asked to approve the decisions on both the signature and the provisional application as well as the conclusion of the draft MoC between ICAO and the European Community regarding security audits / inspections and related matters, and to designate the persons authorised to sign the MoC on behalf of the Community.
Proposal for a
COUNCIL DECISION
on the signature and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organization and the European Community regarding security audits / inspections and related matters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80 i, in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission,
Whereas:
The Council authorised the Commission on 30 November 2007 to open negotiations on an agreement regarding aviation security audits / inspections and related matters between the European Community and the International Civil Aviation Organization (ICAO)
On behalf of the Community, the Commission has negotiated a Memorandum of Cooperation (MoC) with ICAO regarding security audits / inspections and related matters in accordance with the directives set out in Annex I and the ad hoc procedure set out in Annex II of the Council Decision authorising the Commission to open negotiations
Subject to its possible conclusion at a later date, the MoC negotiated by the Commission should be signed and provisionally applied,
HAS DECIDED AS FOLLOWS:
Sole Article
1. Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person or persons empowered to sign on behalf of the Community the Memorandum of Cooperation (MoC) between the International Civil Aviation Organization (ICAO) and the European Community regarding security audits / inspections and related matters.
2. Pending its entry into force, the MoC shall be applied provisionally from the date of signature.
3. The text of the MoC is annexed to this decision.
Done at Brussels,
For the Council
The President