Commission Implementing Regulation (EU) 2024/2108

Contents

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^note, and in particular Article 4(3) thereof,Whereas:

(1)Point 12 of the Annex to Commission Implementing Regulation (EU) 2015/1998^note, sets out procedures for the approval and use of civil aviation security equipment meeting the standards laid down in that Annex.

(2)Explosive Detection Systems for Cabin Baggage (EDSCB) equipment meeting standard C3, as set out in Attachment 12-B to the Annex to Implementing Regulation (EU) 2015/1998, is designed to screen cabin baggage containing liquids, aerosols and gels along with portable computers and other large electrical items. The use of such innovative and operationally performant technology allows the deploying airport to remove the existing limitations in the carriage of LAGs in the cabin baggage of departing passengers.

(3)The Commission approved standard C3 EDSCB equipment and granted ‘EU Stamp’ marking^note after receiving the test reports or Level 2 reports by the Common Evaluation Process of the European Civil Aviation Conference (ECAC) providing evidence that the equipment meets the required detection standards.

(4)Technical information received by the Commission and validated by ECAC States and laboratories, shows that the existing configurations of standard C3 EDSCB equipment to which the Commission has granted the ‘EU Stamp’ marking or the ‘EU Stamp pending’ marking need to be revised in order to improve their performance.

(5)As a precautionary measure, in order to maintain the security of air travel, a limitation to the maximum volume of individual LAG containers that can be screened by any of the currently approved standard C3 EDSCB equipment configurations should be introduced.

(6)All approved standard C3 EDSCB equipment configurations, as referred to in point 12.4.2.8. of the Annex to Implementing Regulation (EU) 2015/1998, which received the ‘EU Stamp’ marking before the date of entry into force of this Regulation, should henceforth be operated in accordance with the concept for operations for standard C3 EDSCB, but with a screening limit of the maximum volume of individual LAG containers not to exceed 100 ml.

(7)Commission Decision (EU) 2024/1177^note is to be repealed as the configuration that was the subject of that Decision should now be subject to the limitation applicable to all approved standard C3 EDSCB equipment configurations.

(8)The respective equipment manufacturers should review the currently used configurations and subject them to the required testing by the laboratories operating under the Common Evaluation Process of the ECAC.

(9)The limitation introduced by this Regulation may be removed once the Commission receives the test reports or Level 2 reports by the Common Evaluation Process of the ECAC providing evidence that revised individual standard C3 EDSCB equipment configurations meet the required detection standards.

(10)Furthermore, in order to reduce the duration of the operational limitation introduced by this Regulation and ensure a more expedited testing of the new configurations, equipment configurations approved under national mechanisms applied by Member States and duly notified to the Commission in accordance with point 12.0.5. of the Annex to Implementing Regulation (EU) 2015/1998, should be considered as eligible to obtain the ‘EU Stamp’ marking under certain conditions.

(11)Finally, experience gained with the implementation of point 12.0.4.2. of the Annex to Implementing Regulation (EU) 2015/1998 has shown the need to revise its current formulation in order to allow operators to deploy new pieces of an equipment configuration for which the ‘EU Stamp’ marking or the ‘EU Stamp pending’ marking has been suspended, provided that the required compensatory measures are applied.

(12)Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.

(13)As a reasonable period is necessary to allow airports operating standard C3 EDSCB equipment configurations to prepare the implementation of the mitigating measures laid down in the Annex, the application of this Regulation should be deferred to 1 September 2024.

(14)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: