S.I. No. 116/2008 - European Communities (Civil Aviation Security) (Amendment) Regulations 2008


S.I. No. 116 of 2008

EUROPEAN COMMUNITIES (CIVIL AVIATION SECURITY) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd May, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EC) No. 300/2008 of the European Parliament and of the Council of 11 March 2008 1 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Civil Aviation Security) (Amendment) Regulations 2008.

2. These Regulations come into operation on 29 April 2008.

3. The European Communities (Civil Aviation Security) Regulations 2003 ( S.I. No. 226 of 2003 ) are amended:

(a) in Regulation 2(1), by substituting for the definitions of “cargo”, “Council Regulation” and “known consignor” the following:

“Council Regulation” means Regulation (EC) No. 300/2008 of the European Parliament and of the Council of 11 March 20081;”,

(b) in Regulation 6, by substituting for paragraphs (3) and (4) the following:

“(3) An entity required under the national civil aviation security programme to apply aviation security standards shall establish, implement and maintain a security programme.

(4) A security programme referred to in paragraphs (1), (2) and (3) shall comply with the terms of the national civil aviation security programme.

(5) An airport security programme, an air carrier security programme and an entity security programme referred to in this Regulation shall be submitted to the Minister.”,

(c) in Regulation 8(1), by substituting “Article 19” for “Article 9”,

(d) in Regulation 10, by substituting “€5,000” for “€2,000 or to a term of imprisonment not exceeding 3 months, or to both”, and

(e) by substituting for Regulation 17 the following:

“17. A person guilty of an offence under Regulation 11, 12, 13, 14 or 15 is liable on summary conviction to a fine not exceeding €5,000.”.

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GIVEN under my Official Seal,

26 April 2008

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the European Communities (Civil Aviation Security) Regulations 2003 and give effect to Regulation (EC) 300/2008.

1 OJ No L97, 9.4.2008 pp72-84