LegalizeCommission Implementing Regulation (EU) 2023/566 of 10 March 2023 amending Implementing Regulation (EU) 2015/1998 as regards certain 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) Experience gained with the implementation of Commission Implementing Regulation (EU) 2015/1998 (2) has shown the need for minor amendments to the implementing modalities of certain common basic standards on aviation security.
(2) Certain detailed aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity, standardise the common interpretation of the relevant provisions and further ensure the best implementation of the common basic standards on aviation security. Furthermore, certain amendments have become necessary in accordance with the evolution of the threat and risk picture as well as recent developments in terms of technology. Those amendments concern automated prohibited items detection (APID) software, explosive detection systems (EDS) for cabin baggage, explosive trace detection (ETD) equipment, security scanners as well as explosive vapour detection (EVD) equipment.
(3) Experience gained with the implementation of Implementing Regulation (EU) 2015/1998 has shown the need for some amendments to the implementing modalities of certain common basic standards in the areas of certification of instructors delivering training, to remove obsolete references in Attachment 6-E, and clarifications with regards the implementation of referral actions under the Pre-Loading Advance Cargo Information (PLACI) in the Annex to that Regulation. The related provisions in the Annex need to be adjusted in order to improve legal clarity, standardise the common interpretation of the legislation and further ensure the best implementation of the common basic standards in aviation security.
(4) Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by 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.
It shall apply from 1 April 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2023.
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).