LegalizeCommission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (Text with EEA relevance)
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down procedures for conducting Commission inspections to monitor the application by Member States of Regulation (EC) No 300/2008. Commission inspections shall cover appropriate authorities of Member States and selected airports, operators and entities applying aviation security standards. The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
‘appropriate authority’ means the national authority designated by a Member State pursuant to Article 9 of Regulation (EC) No 300/2008;
‘Commission inspection’ means an examination by Commission inspectors of existing quality controls and civil aviation security measures, procedures and structures to determine levels of compliance with Regulation (EC) No 300/2008;
‘Commission inspector’ means a person selected by the Commission to take part in Commission inspections, who is a Union citizen or a national of a Member State of the European Free Trade Association (EFTA) and who is employed by either of the following:
— the Commission, — a Member State of the Union, as a national auditor, — a Member State of EFTA, as a person charged with conducting compliance monitoring activities at national level on behalf of that Member State, — the EFTA Surveillance Authority, — the European Civil Aviation Conference Secretariat;
‘Committee’ means the Committee instituted by Article 19(1) of Regulation (EC) No 300/2008;
‘deficiency’ means failure to comply with the requirements laid down in Regulation (EC) No 300/2008;
‘national auditor’ means a person employed by the Member State to conduct compliance monitoring activities at national level on behalf of the appropriate authority;
‘test’ means a trial of aviation security measures, where intent to commit an act of unlawful interference is simulated for the purpose of testing the effectiveness of the implementation of existing security measures;
‘compensatory measure’ means a temporary measure or range of measures aimed at limiting to the maximum extent practicable the impact of a deficiency identified during the conduct of an inspection before full correction can take place.
CHAPTER II
GENERAL REQUIREMENTS
Article 3
Cooperation of Member States
Article 4
Exercise of Commission powers
Article 5
Qualification criteria for Commission inspectors
In order to qualify for Commission inspections, Commission inspectors shall have relevant theoretical and practical experience and shall have successfully completed training:
This training shall:
(a) be delivered by the Commission services;
(b) be initial and recurrent;
(c) ensure a standard of performance adequate for the purposes of establishing whether security measures are implemented in accordance with Regulation (EC) No 300/2008.
Initial training shall include an examination.
Article 6
Participation of national auditors in Commission inspections
CHAPTER III
PROCEDURES FOR THE CONDUCT OF COMMISSION INSPECTIONS
Article 7
Notification of inspections
Article 8
Preparation of inspections
Article 9
Conduct of inspections
The conduct of inspections shall be based on a systematic gathering of information using one or more of the following techniques:
(a) observations;
(b) verifications;
(c) interviews;
(d) examination of documents; and
(e) tests.
Article 10
Inspection report
The appropriate authority shall promptly convey the relevant findings to the inspected airport, operators or entities.
When assessing the implementation of Regulation (EC) No 300/2008, the following classifications shall apply:
(a) fully compliant;
(b) compliant, but improvement desirable;
(c) not compliant;
(d) not compliant, with serious deficiencies;
(e) not applicable;
(f) not confirmed.
Article 11
Answer of the appropriate authority
Within three months of the date of dispatch of an inspection report, the appropriate authority shall submit in writing to the Commission an answer to the report which:
(a) addresses the findings and recommendations;
(b) provides an action plan, specifying actions and deadlines, to remedy any identified deficiencies.
Article 12
Rectification of deficiencies
Article 13
Follow-up inspections
CHAPTER IV
GENERAL AND FINAL PROVISIONS
Article 14
Information to the Committee
The Committee shall be regularly informed about the implementation of the Commission inspection programme and the results of its assessments.
Article 15
Notification of serious deficiencies to appropriate authorities
Article 16
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply as from the date specified in the implementing rules adopted in accordance with the procedure referred to in Article 4(3) of Regulation (EC) No 300/2008, but not later than 29 April 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.