# COMMISSION REGULATION (EC) No 1448/2006

of 29 September 2006

amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security [^1] and in particular Article 4(2) thereof,

Whereas:

**(1)** The Commission is required, by virtue of Regulation (EC) No 2320/2002, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security [^2] was the first act laying down such measures.

**(2)** The common basic standards should be made more precise. In particular, as regards Explosive Detection Systems (EDS), performance requirements should be laid down, without prejudice to reviewing them on a regular basis and at least every 2 years to ensure that they continue to reflect technical developments and taking into account throughput, costs and availability of EDS equipment on the market.

**(3)** The performance requirements for EDS equipment and the requirements relating to the image quality of standard 1 and standard 2 EDS equipment should be considered as a first step in the full harmonisation of technical specifications for such systems. They should be complemented as swiftly as possible by requirements relating to the image quality of standard 3 EDS equipment, as well as by harmonised procedures for the classification, including test conditions, of EDS equipment.

**(4)** The normal depreciation for EDS equipment is between seven and ten years. This should be taken into consideration when setting the expiry dates for such equipment.

**(5)** In accordance with Regulation (EC) No 2320/2002 and in order to prevent acts of unlawful interference, the measures laid down in the Annex to Regulation (EC) No 622/2003 should be secret and should not be published. The same rule necessarily applies to any amending act.

**(6)** Regulation (EC) No 622/2003 should be amended accordingly.

**(7)** The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.

Article 3 of that Regulation shall apply as regards the confidential nature of this Annex.

## **Article 2**

This Regulation shall enter into force on the 20th day following that of its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 September 2006. *For the Commission* Jacques BARROT *Vice-President*

[^1] [OJ L 355, 30.12.2002, p. 1](http://publications.europa.eu/resource/oj/JOL_2002_355_R_TOC) . Regulation as amended by Regulation (EC) No 849/2004 ( [OJ L 229, 29.6.2004, p. 3](http://publications.europa.eu/resource/oj/JOL_2004_229_R_TOC) ).

[^2] [OJ L 89, 5.4.2003, p. 9](http://publications.europa.eu/resource/oj/JOL_2003_089_R_TOC) . Regulation as last amended by Regulation (EC) No 240/2006 ( [OJ L 40, 11.2.2006, p. 3](http://publications.europa.eu/resource/oj/JOL_2006_040_R_TOC) ).

In accordance with Article 1 the Annex is secret and shall not be published in the *Official Journal of the European Union* .

[^1]: . Regulation as amended by Regulation (EC) No 849/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 240/2006 ().