Considerations on COM(2001)575 - Establishing common rules in the field of civil aviation security - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2001)575 - Establishing common rules in the field of civil aviation security. |
|---|---|
| document | COM(2001)575  |
| date | December 16, 2002 |
| (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 In order to prevent unlawful acts, certain of these implementation measures should be secret and not be published.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 measures. |
| (11) | The monitoring of security measures requires the setting up at national level of appropriate quality control systems and the organisation of inspections under the supervision of the Commission, so as to verify the effectiveness of each national system. |
| (12) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). |
| (13) | Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries, and such arrangements have yet to come into operation. |
| (14) | Since the objectives of the proposed action, namely the establishment and application of appropriate provisions in the field of air transport policy, cannot be sufficiently achieved by the Member States and can therefore, by reason of the Europe-wide scope of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation confines itself to the common basic standards required in order to achieve the objectives of aviation security and does not go beyond what is necessary for that purpose, |