LegalizeCommission Implementing Regulation (EU) 2021/255 of 18 February 2021 amending Implementing Regulation (EU) 2015/1998 laying down detailed measures for the implementation of the common basic standards on aviation security (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 4(3) thereof,
Whereas:
(1) The COVID-19 pandemic continues to impact international and European civil aviation to the extent that the performance of on-site visits for the designation and re-designations of air carriers and cargo operators in third countries pursuant to point 6.8 of the Annex to Commission Implementing Regulation (EU) 2015/1998 (2) remains severely impeded for objective reasons, which are beyond the control of those carriers or cargo operators.
(2) It is therefore necessary to extend the applicability of the alternative and expedite process for the EU aviation security validations of the Union-bound supply chain operators affected by the COVID-19 pandemic, beyond the date established in point 6.8.1.7 of the Annex to Implementing Regulation (EU) 2015/1998.
(3) The Union has promoted, in the context of the International Civil Aviation Organisation (ICAO) and the World Customs Organisation (WCO), the development of an international policy concept of Pre-Loading Advance Cargo Information (PLACI), used to describe a specific 7 + 1 data set (3) as defined in the WCO SAFE Framework of Standards (SAFE FoS). Consignments’ data, provided to regulators by freight forwarders, air carriers, postal operators, integrators, regulated agents, or other entities as soon as possible prior to loading of cargo on an aircraft at the last point of departure, allow the implementation of an additional security layer, consisting in the performance by the entry customs of a threat and risk analysis before departure.
(4) Therefore, before loading goods onto an aircraft departing from a third country, for the purposes of civil aviation security a first risk analysis on goods to be brought into the customs territory of the Union by air should be carried out as soon as possible upon receipt of the minimum dataset of the entry summary declaration referred to in Article 106(2) and (2a) of Commission Delegated Regulation (EU) 2015/2446 (4). The requirement of carrying out a first risk analysis should apply from 15 March 2021.
(5) Article 186 of Commission Implementing Regulation (EU) 2015/2447 (5) establishes the risk analysis and control process implemented by the customs office of first entry, and Article 182 of that Regulation establishes the Import Control System (ICS2), designed by the Commission and the Member States in mutual agreement, as the EU harmonised trader interface for submissions, requests for amendments, requests for invalidations, processing and storage of the particulars of entry summary declarations and for the exchange of related information with the customs authorities.
(6) Since the results of the Pre-Loading Advance Cargo Information risk analysis can require, from 15 March 2021, specific mitigating aviation security measures to be applied by operators engaged in the Union-bound supply chain during their operations in a third country, it is necessary to urgently integrate the implementing rules for civil aviation security accordingly.
(7) The ability of airports in the Union to complete the process of installation of standard 3 explosive detection systems (EDS) equipment is severely impacted by the current COVID-19 pandemic. The Commission and the Member States remain highly committed to complete the implementation of newest technology for the screening of hold baggage. A new road map has been elaborated to allow additional flexibility to adapt to the current situation, in accordance with a prioritisation mechanism based on categories of airports, as well as to provide visibility for the introduction of higher standards for detection performance.
(8) Experience gained with the implementation of Commission Implementing Regulation (EU) 2015/1998 has shown the need for some amendments to the implementing modalities of certain common basic standards. The implementing modalities of certain of those standards need to be adjusted in order to clarify, harmonise, simplify and strengthen certain specific aviation security measures, to improve legal clarity, standardize the common interpretation of the legislation and further ensure the best implementation of the common basic standards in aviation security.
(9) Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 19 of Regulation (EC) No 300/2008,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Implementing Regulation (EU) 2015/1998 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, points (1) and (22) of the Annex shall apply from 15 March 2021, point (2) of the Annex shall apply from 1 March 2022, and point (14) shall apply from 1 July 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2021.
For the Commission The President Ursula VON DER LEYEN
(2) Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1).
(3) Name of the consignor, address of the consignor, name of the consignee, address of the consignee, number of packages, total gross weight, description of cargo, and House or Master Air Waybill.
(4) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).
(5) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).