Brussels, 19/12/2007 (Agence Europe) - To get a compromise on the draft regulation putting in place joint rules on civil aviation security (see EUROPE 9184), the European Parliament last week abandoned its call for member states to pay the costs of additional security measures. Four weeks after conciliation on this issue failed (see EUROPE 9542), the EP and the Council still seem far from agreement. The European Parliament transport committee (TRAN), meeting on Tuesday 18 December, said that there would be no compromise until the Council accepted Parliament's right of scrutiny over the security implementation measures provided for in the regulation. The two parties have until 16 January to reach an agreement, otherwise the Commission will have to withdraw its proposal.
The two delegations resumed the political trilogue, with European Commission representatives present, on the sidelines of the Strasbourg plenary session on Monday 10 December. This was followed by a further meeting on Tuesday 11 December, and an exchange of letters between the EP and the Council to resolve the remaining sticking points in this issue (funding of additional security measures, comitology including the matter of renewal of the regulation's implementing legislation). Although compromise was reached on what had, until now, been the most divisive issue (funding of additional security measures), the Parliament delegation announced that no agreement would be possible unless a solution was found to the comitology problem. In concrete terms, Parliament wants to retain its right of scrutiny (with the possibility of a veto) over the regulation implementation measures. Unlike the Council, MEPs believe that the right of scrutiny should apply not only to security measures in force, such as the rule restricting the amount of liquids that can be carried on board a plane, but also future security measures, which, by definition, are “unforeseen today”. Parliament also set out general implementing measures (over and above extraordinary security measures) to be included in the regulation. These will concern, inter alia passenger, luggage, mail and freight screening; categories of articles that may be prohibited; defining critical parts of security restricted areas; staff training and recruitment methods. The Council has not challenged this position.
Financing security measures. In its search for a compromise, Parliament gave up on its call for member states alone to bear the costs of additional security measures (see EUROPE 9406). Now, member states may contribute to the financing of each additional security measure, the cost of which will be borne by users. The funding of measures imposed by the regulation will be borne by the state, airport entities, air carriers, other responsible agencies or users. Each member state will be free to determine how the costs are to be shared. The European Commission will present a report, before the end of 2008, accompanied, if necessary, by a legislative proposal, on the principles of financing security costs.
One-stop security. Agreement was reached on a single control system per flight. Passengers and luggage arriving from a third country will not be re-screened on their arrival. This arrangement will apply only to passengers and luggage arriving on flights from third countries that have aviation security standards equivalent to those of the EU, however.
Sky marshals. As Parliament wished, those responsible for in-flight security (sky marshals or armed in-flight security officers) can only be deployed if they meet the required training and security conditions and when their presence is authorised by the state which granted the air carrier's licence. Member states will be responsible for ensuring that the officers have been specially selected and trained.
The final trilogue could take place on 14 January. Thereafter, the delegations will have two more days to find agreement. In the event of no agreement being found, the European Commission will have to withdraw its proposal. (A.By.)