Annexes to COM(2024)579 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)579 - . |
|---|---|
| document | COM(2024)579 |
| date | December 18, 2024 |
The assessment of these reports, in addition to its own regular inspections, provides a tool for the Commission to closely follow the implementation of national quality control measures. This, in turn, allows for swift detection and correction of deficiencies in each Member State.
The assessment includes an analysis of regular monitoring of airports, air carriers and other entities with aviation security responsibilities, as well as time spent by the auditors in the field, scope and frequencies of a suitable mixture of compliance monitoring activities, national compliance levels, follow-up activities and the use of enforcement powers.
The quality of annual reports and information provided by Member States remains constant and further harmonisation was achieved during 2023.
A formal comprehensive evaluation was sent to the Member States highlighting, where needed, suggestions on how to improve or better tailor the national efforts.
6. Assessments of third country airports
The Commission conducts assessments in the context of One Stop Security (OSS) arrangements between the EU and third countries. The purpose is to confirm that implementation of certain security measures continues to be of an equivalent standard to the implementation of EU aviation security legislation. In 2023, three assessments were conducted, respectively in Norway14, Canada and the United Kingdom (UK).
7. Article 15 cases and legal proceedings
If the identified deficiencies in the implementation of security measures at an airport are serious enough as to have a significant impact on the overall level of civil aviation security in the Union, the Commission will activate Article 15 of Regulation (EU) No 72/2010. This means that the appropriate authorities of all Member States are alerted to the situation, and that flights arriving from the airport subjected to Article 15 shall be treated as arriving from a third country, resulting in the obligation for the receiving airports to implement compensatory security measures in respect of arriving transfer passengers and their baggage, as well as the aircraft on which they arrived. No such case was initiated in 2023.
The Commission also has the possibility to open infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union, particularly in cases of prolonged non-rectification or recurrence of deficiencies. In 2023, no such proceedings were launched.
6. TRIALS AND MEETINGS
1. Trials
A 'trial' within the meaning of the EU aviation security legislation is conducted when a Member State agrees with the Commission that it will use a particular means or method not recognised under the terms of the legislation to replace one of the recognised security controls, for a limited period of time on condition that such trial does not impact negatively on the overall levels of security. Two trials concerning implementation of automatic detection of prohibited items (APID) in combination with Explosives Detection Systems for Cabin Bags (EDSCB) were initiated during 2022, in the Netherlands and Germany.15
2. Meetings
The Commission and the US Transportation Security Administration (TSA) organised the first U.S. - EU Air Cargo Security Summit in Madrid, Spain, in February 2023. The event provided an opportunity to identify threats to air cargo and to collectively implement mitigation strategies.
The Commission organised in November 2023 a fourth meeting of the Aviation Cybersecurity Working Group, bringing together Member State authorities responsible for aviation security and implementation of the NIS Directive16. The objective of the meeting was to foster cooperation between authorities to facilitate alignment and compliance between NIS2 and aviation rules. It further sought to avoid potential gaps or duplications of cybersecurity obligations and minimise unnecessary administrative and operational burdens.
With the aim to provide Member States with feedback from inspections, promote transparency and harmonise compliance monitoring methodologies, the Commission organised an annual meeting and training of the AVSEC national inspectors in October 2023.
7. INTERNATIONAL DIALOGUE
1. General
The Commission continued its contribution to aviation security worldwide. It did so by engaging with international bodies, such as the International Civil Aviation Organisation (ICAO), the European Civil Aviation Conference (ECAC) and key trading partners, working closely with Member States to ensure co-ordinated EU positions. Dialogues were also held with certain third countries, such as the US, Canada, Australia, Singapore, and the UK.
2. International bodies
The EU actively participated, as an observer, in the annual meeting of the ICAO Aviation Security Panel (AVSECP/34), which took place from 29 May to 2 June 2023 as well as in the second meeting of the ICAO Cybersecurity Panel (CYSECP/2), which took place from 5 to 9 June 2023.
3. Third countries
In the context of the aviation security relations with the United States, the EU-US Transportation Security Cooperation Group (TSCG) aims at fostering co-operation in several areas of mutual interest. It ensures the continued functioning of One Stop Security (OSS) arrangements and of the mutual recognition of the respective EU and US air cargo and mail regimes. The 32nd meeting of the TSCG took place on 15-16 November 2023.
In application of Article 435 of the EU/UK Trade Cooperation Agreement, the EU-U.K. Aviation Security Cooperation ensures cooperation on aviation security matters, exchange of information, discussion and sharing of best practices and development of cooperation arrangements between technical experts. The 3rd EU-U.K. Aviation Security Cooperation Meeting took place on 16 October 2023.
In conformity with EU law, the Commission has established OSS arrangements recognising security standards applied in some third countries, or airports of third countries, as equivalent to EU standards.17 No new OSS arrangements were concluded in 2023. Discussions on OSS with Japan were ongoing.
Regarding capacity building, the “Civil Aviation Security in Africa, Asia and the Middle East” project (CASE II), funded by the European Commission with a budget of EUR 8 million and implemented by ECAC, continued in 2023. Activities delivered by aviation security experts included workshops, webinars and bilateral in-country activities.18 The overall objective of CASE II is to counter the threat of terrorism to civil aviation by partnering with States in the three regions, to strengthen their aviation security regimes.19
8. CONCLUSIONS
Ensuring secure aviation operations in the air and on the ground is a fundamental condition for commercial aviation to flourish. The optimal aviation security regulatory system combines innovation with stability and always maintains the highest level of security. In 2023, the Commission continued its work to ensure such an aviation security system, while meeting present and future challenges, and in close co-operation with regulators and stakeholders alike. This work will continue in 2024.
1 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 (OJ L 97, 9.4.2008, p. 72).
2 A number of members of the Stakeholder Advisory Group on Aviation Security (SAGAS), constituted under Article 17 of Regulation (EC) N°300/2008, volunteered to participate in the consultation process.
3 EUROCONTROL/EATM-CERT 2024 report on cyber in aviation.
4 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (OJ L 333, 27.12.2022, p. 80).
5 According to EASA Annual Safety Review 2022, the drone occurrence rate decreased in 2021 (latest figures available).
6 Communication from the Commission to the Council and the European Parliament on countering potential threats posed by drones, COM(2023) 659 final.
7 https://www.easa.europa.eu/en/domains/air-operations/czibs
8 For details, see Annex 2.
9https://ksda.ec.europa.eu/
10 European Economic Area: 27 EU Member States, Norway, Iceland and Switzerland. The EFTA Surveillance Authority (ESA) is responsible for conducting aviation security inspections in Norway and Iceland. The Commission conducts aviation security inspections in Switzerland based on a bilateral agreement.
11Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (OJ L 23, 27.1.2010, p. 1).
12 See Articles 4 and 5.
13 See Annex 1 for a summary of all Commission and ESA compliance monitoring activities in 2023.
14 In Svalbard, unincorporated area of Norway.
15 Final report for the trial in Netherlands was received in June 2023. The trial in Germany is still on-going.
16 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
17 The EU has OSS arrangements with the US, Canada, Singapore, Montenegro, Serbia, the UK and Israel (only for hold baggage).
18 During 2023, 68 activities have been delivered, representing 94% increase in output as compared to the 35 activities delivered in 2022. 39 Partner States hosted these in-country activities and 66 Partner States participated in them for the benefit of 1119 participants. These activities consisted of 44 bilateral training activities, ten multilateral training activities, five mentoring activities, five workshops (two regional and three interregional), three APEX in Security Reviews and one webinar. In total, 131 in-country and remote activities have been delivered since the Project’s inception. In terms of expertise mobilisation, 30 experts have been released from 11 Member States and 39 experts from 22 Partner State CAAs contributed to the delivery of 25 activities over this period. Ten experts from eight Partner State CAAs contributed to the delivery of the 20 in-country activities alongside CASE II Project experts. 31 experts from 19 Partner State CAAs contributed to the delivery of two regional and three interregional workshops, accounting for 41% of all speakers.
19 Partner States are selected based on objective criteria, such as the commitment/capability of a given State to fully benefit from the capacity-building activities delivered by the Project, or the absence of possible duplication with other capacity-building initiatives, either bilateral or multilateral.
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