Considerations on COM(2016)491 - Union certification system for aviation security screening equipment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)491 - Union certification system for aviation security screening equipment. |
|---|---|
| document | COM(2016)491  |
| date | September 7, 2016 |
(2) Civil aviation security screening equipment, such as metal detection equipment, security scanners and explosive detection systems, must fulfil a number of performance requirements before they can be made available or put into service. Conformity with those requirements is currently assessed by individual Member States and equipment certified in one Member State can be made available in that Member State only. It is necessary to enable such equipment to move freely within the internal market to enhance the competitiveness of the European security industry.
(3) A more competitive EU security industry will offer solutions to enhance the security of European citizens and make a substantial contribution to the resilience of the European society to security threats. Union action can contribute to the these goals by removing barriers to the internal market and by enhancing the competitiveness of the Union security industry in areas like aviation security screening equipment, through the promotion of common certification processes.
(4) In its Communication to the European Parliament and the Council 'Security Industrial Policy - Action Plan for an innovative and competitive Security Industry' of July 2012 4 , the Commission identified aviation security screening equipment as an area where it would make the most sense to set up a Union-wide certification system to overcome market fragmentation, to boost competitiveness and employment in the Union and overall increase the security of the European society.
(5) The European Agenda on Security 5 emphasises the need for a competitive EU security industry that can contribute to the EU’s autonomy in meeting security needs. A solid, competitive technological and industrial base for the EU is therefore essential to have a positive impact on the security of its citizens.
(6) This Regulation should enable aviation security screening equipment to move freely within the internal market by establishing a single certification system based on certificates of conformity valid in all Member States. Where equipment is accompanied by such a certificate, it should be possible to make it available or put it into service throughout the Union without any restriction.
(7) Each Member State should designate a body with responsibility for approving the compliance of aviation security screening equipment by issuing an EU type-approval certificate valid throughout the Union. Manufacturers of aviation security screening equipment should be free to choose a responsible body in any Member State.
(8) To simplify access to the certification system and to make it more transparent each Member State should designate a single body - the national approval authority - even where there are two or more bodies involved in aviation security within a single Member State.
(9) An EU type-approval certificate should attest that a specific type and configuration of aviation security screening equipment complies with the common rules and standards in the field of civil aviation security laid down in particular in Regulation (EC) No 300/2008 of the European Parliament and of the Council 6 .
(10) To enable the free movement of aviation screening equipment throughout the Union, manufacturers should be able to issue certificates of conformity to accompany each piece of equipment produced in accordance with a type and configuration covered by an EU type-approval certificate.
(11) Aviation screening equipment covered by an EU type-approval certificate should not need to undergo further assessment in other Member States. It is therefore important that the assessment and testing is uniform across the Union. This Regulation should therefore adequately take into account the work to define common testing methodologies that has been done in the framework of Common Evaluation Process of the European Civil Aviation Conference.
(12) Testing the equipment to assess compliance with the standards is essential for the certification system. Testing should therefore be performed by technical services which have the skills and technical knowledge necessary to perform conformity assessments by applying the relevant common testing methodologies.
(13) In order to ensure the certification system is effective and to strengthen mutual trust among national approval authorities, this Regulation should determine the requirements for accreditation of those technical services.
(14) Conformity of production is a cornerstone of the EU type-approval system. In order to monitor conformity of production, manufacturers should be regularly checked by an approval authority or by an appropriately qualified technical service designated for that purpose.
(15) It is important to ensure a harmonized application of the common testing methodologies by the technical services. To that end, the Commission should establish and chair a sectoral group of technical services aimed at ensuring the necessary coordination and cooperation among designated technical services as well as providing training of the respective personnel and coordination with third countries.
(16) Where it is discovered that aviation security screening equipment covered by an EU type-approval certificate presents a serious risk for users or the environment which was not identified by the approval authority, a Member State should be able to prevent the making available or putting into service of that equipment in its territory, for a limited period of time and subject to an assessment by the Commission as to whether the Member State measure is in line with Union legislation.
(17) Where it is discovered that aviation security screening equipment accompanied by a certificate of conformity does not conform to the type and configuration covered by an EU type-approval certificate, the Member State which has issued the type-approval certificate should take the necessary measures to ensure that the manufacturer brings it into conformity and should inform the other approval authorities and the Commission of the measures taken.
(18) Where it is discovered that aviation security screening equipment accompanied by a certificate of conformity does not conform to the type and configuration covered by an EU type-approval certificate issued by another approval authority, a Member State should temporarily stop the making available or putting into service of that equipment in its territory and should request the approval authority which issued the type-approval certificate to verify that equipment in production continues to conform to the approved type and configuration. The approval authority concerned should have a maximum delay of three months of the date of the request to take the requisite action. If the concerned approval authority finds out that the equipment conforms to the approved type and configuration, it should endeavour to settle the dispute. In the meantime the temporary measures remain in place.
(19) For the purposes of better regulation and simplification and in order to avoid having to constantly update existing Union legislation on issues of technical specifications, it should be possible for this Regulation to make references to existing international standards and regulations without reproducing them in the Union legal framework.
(20) With the aim of simplifying and accelerating the adoption of type-approval legislation, a new regulatory approach has been introduced, under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the establishment of further technical details to the Commission. With regard to substantive requirements, therefore, this Regulation should lay down only administrative provisions and general procedural requirements. The Commission should be given power to lay down the technical specifications, including the common testing methodologies and the requirements for accreditation of the technical services needed under the certification system established by this Regulation.
(21) In order to supplement this Regulation with further technical details, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in order to reflect into this Regulation the possible introduction of new performance requirements for aviation security screening equipment as well as the development of scientific and technical knowledge. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(22) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
(23) The Commission should report to the European Parliament and the Council on the implementation of this Regulation, based on information provided by Member States.
(24) In the interest of clarity, predictability, rationality and simplification and in order to reduce the burden for manufacturers of aviation security screening equipment, this Regulation should contain only a limited number of implementation stages for the introduction of administrative provisions and general technical requirements. Industry should be allowed sufficient time to adapt to the new provisions laid down in this Regulation and to the technical specifications and administrative provisions set out in the delegated acts adopted pursuant to this Regulation. Timely definition of requirements is essential to ensuring sufficient lead-time for manufacturers to develop, test and implement technical solutions for aviation security screening equipment produced in series, and for manufacturers and approval authorities in the Member States to put in place the necessary administrative systems.
(25) Since the objectives of this Regulation, namely to lay down harmonised rules on the administrative and procedural requirements for the type-approval of aviation security screening equipment, cannot be sufficiently achieved by the Member States, and can therefore, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation should not go beyond what is necessary in order to achieve those objectives.