An EU regulation provides common rules for security in civil aviation.  The rules apply to all airports located in the EU other than those exclusively used for military purposes.  They apply to all operators and carriers providing services at these airports.  It also applies to service providers within the airport.  The standards cover

  • airport security,
  • demarcation,
  • aircraft security,
  • passenger and cabin baggage,
  • hold luggage,
  • cargo and mail,
  • supplies,
  • security measures,
  • staff recruitment,
  • security equipment.

The regulations provide for basic common standards.  There are detailed requirements and procedures in relation to implementation.  The EU is advised by a committee of representatives and by advisory groups comprising stakeholder organisations concerned in aviation security.

States must designate a single authority which is responsible for the enforcement and implementation of the standards.  States must implement programs providing for national civil aviation security defining responsibility for implementation of the common basic standards.  They must provide national quality control programs to monitor compliance.

Entities and operators must devise programs dealing with airport carrier security and other entity security as the case may be.  The EU conducts inspections to monitor compliance with basic standards.  The commission may make recommendations which must be implemented by states.  States must establish penalties for infringement and methods of implementation and enforcement.

The EU may enter agreements with non-EU states where the security standards are equivalent to the EU basic common standards.  States must notify the Commission when measures required by a third-party state differ from the common basic standards.

Passenger Data

Council directive requires air carriers to gather and pass passenger data to the authorities of member states of destination who are responsible for their control.  Failure to comply is subject to fine.

Air carriers must communicate passenger information in respect of passengers travelling through an EU border crossing.  This must be supplied to the parties carrying out checks on such a person at borders at their request.  The purpose is to combat illegal immigration. The data which must be forwarded include the following

  • number and type of travel documents,
  • nationality,
  • name and date of birth of passenger,
  • border crossing entry into the EU,
  • departure and arrival time for the transportation,
  • the total number of passengers carried.

The information is retained only for a short period and then must be deleted.

States must create dissuasive sanctions to ensure compliance.  Fines or sanctions may be up to €3000 to €5000 per journey.  In the case of serious breaches provision must be made to immobilise, seize and confiscate the means of transport.  There must be provision for temporary suspension or complete loss of the carrier’s license.

European Aviation Safety Agency

An EU regulation provides for the establishment of the European Aviation Safety Agency and common rules for air operations, licences and flight crew training.  The purpose of the 2008 regulation is to achieve the single European sky.  The regulation is applicable to the design, production, maintenance and operation of aeronautical products, parts and appliances.  It applies to personnel and organisations involved in the activity.

The Regulation applies to personnel and organisations involved in the operation of an aircraft.  The regulation establishes common rules on aviation safety and security.  It seeks to ensure a level playing field for all persons involved in the internal aviation market and facilitates the free movement of goods and persons by recognition of certificates issued by competent authorities.

The regulation simplifies and enhances the certification process and provides for centralised EU level certification where appropriate.  It promotes the EU’s policies on civil safety to the world.

The EASA is independent of the EU and has its own legal identity.  It may establish offices within states with their consent.  Its main functions are to assist the commission in developing common rules in the field of civil aviation and provide technical, scientific and administrative support.  It may conduct # practices to ensure compliance by states.  It may issue certificates to EU entities involved in aircraft design and certify that aircrafts used in the EU, certify air carriers, maintenance organisations and training organisations.

The Agency’s tasks include airworthiness, environmental issues, licensing of flight crews, training and operation of aircraft.  The Agency seeks to promote improvements in aviation safety and standards.  It is financed by fees paid for certificates and from funding from the EU Commission, states and other entities and third parties.

Share this article