Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on ... rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (Text with EEA relevance)

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Regulation (EC) No 300/2008 of the European Parliament and of the Council, Article 4.

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Article 4U.K.F1... Basic standards

1.The F2... basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation shall be as laid down in the Annex.

[F3Additional basic standards not foreseen at the entry into force of this Regulation may be added to the Annex by regulations made by the Secretary of State.]

2.[F4General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.]

These general measures shall concern:

(a)methods of screening allowed;

(b)categories of articles that may be prohibited;

(c)as regards access control, grounds for granting access to airside and security restricted areas;

(d)methods allowed for the examination of vehicles, aircraft security checks and aircraft security searches;

(e)criteria for recognising the equivalence of security standards of third countries;

(f)conditions under which cargo and mail shall be screened or subjected to other security controls, as well as the process for the approval or designation of regulated agents, known consignors and account consignors;

(g)conditions under which air carrier mail and air carrier materials shall be screened or subjected to other security controls;

(h)conditions under which in-flight supplies and airport supplies shall be screened or subjected to other security controls, as well as the process for the approval or designation of regulated suppliers and known suppliers;

(i)criteria for defining critical parts of security restricted areas;

(j)criteria for staff recruitment and methods of training;

(k)conditions under which special security procedures or exemptions from security controls may be applied; and

(l)any general measures designed to amend non-essential elements of the F5... basic standards referred to in paragraph 1 by supplementing them not foreseen at the date of entry into force of this Regulation.

F6...

3.[F7Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.]

These shall include:

(a)requirements and procedures for screening;

(b)a list of prohibited articles;

(c)requirements and procedures for access control;

(d)requirements and procedures for the examination of vehicles, aircraft security checks and aircraft security searches;

(e)decisions to recognise the equivalence of security standards applied in [F8another] country;

(f)as regards cargo and mail, procedures for the approval or designation of, and the obligations to be fulfilled by, regulated agents, known consignors and account consignors;

(g)requirements and procedures for security controls of air carrier mail and air carrier materials;

(h)as regards in-flight supplies and airport supplies, procedures for the approval or designation of, and the obligations to be fulfilled by, regulated suppliers and known suppliers;

(i)definition of critical parts of security restricted areas;

(j)staff recruitment and training requirements;

(k)special security procedures or exemptions from security controls;

(l)technical specifications and procedures for approval and use of security equipment; and

(m)requirements and procedures concerning potentially disruptive passengers.

4.[F9The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.]

F10...

5.[F11The appropriate authority] shall ensure the application in [F12the United Kingdom] of the F13... basic standards referred to in paragraph 1. Where [F14the appropriate authority] has reason to believe that the level of aviation security has been compromised through a security breach, it shall ensure that appropriate and prompt action is taken to rectify that breach and ensure the continuing security of civil aviation.