S.I. No. 330/2022 - European Union (Civil Aviation Security) Regulations 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2022.

I, EAMON RYAN, 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 further effect to Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 20081 on common rules in the field of civil aviation security and Commission Implementing Regulation (EU) 2015/1998 of 5 November 20152 laying down detailed measures for the implementation of the common basic standards on aviation security, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Civil Aviation Security) Regulations 2022.

2. (1) In these Regulations –

“airport operator” means-

(a) in relation to Dublin airport, daa,

(b) in relation to Cork airport, daa,

(c) in relation to Shannon airport, Shannon Airport Authority,

(d) in relation to Ireland West Airport Knock, Connaught Airport Development Company Limited,

(e) in relation to Kerry airport, Kerry Airport Public Limited Company,

(f) in relation to Donegal airport, Aerphort Idirnáisiúnta Dhún na nGall Teoranta, and

(g) in relation to Waterford Airport, Waterford Regional Airport Public Limited Company,

“Defence Forces” means the defence forces raised and maintained under the Defence Act 1954 (No. 18 of 1954),

“Implementing Regulation” means Commission Implementing Regulation (EU) 2015/1998 of 5 November 20152 laying down detailed measures for the implementation of the common basic standards on aviation security, as amended by Commission Implementing Regulation (EU) 2015/2426 of 18 December 20153 , Commission Implementing Regulation (EU) 2017/815 of 12 May 20174 , Commission Implementing Regulation (EU) 2017/837 of 17 May 20175 , Commission Implementing Regulation (EU) 2018/55 of 9 January 20186 , Commission Implementing regulation (EU) 2019/103 of 23 January 20197 , Commission Implementing Regulation (EU) 2019/413 of 14 March 20198 , Commission Implementing Regulation (EU) 2020/111 of 13 January 20209 , Commission Implementing Regulation (EU) 2020/910 of 30 June 202010 and Commission Implementing Regulation (EU) 2021/255 of 18 February 202111 ,

“Principal Regulation” means Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 20081 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002, as amended by Commission Regulation (EU) No 18/2010 of 8 January 201012 ,

“screening” has the meaning given to it by Article 3 of the Principal Regulation,

“security control” has the meaning given to it by Article 3 of the Principal Regulation,

“Type A screener” has the meaning given to it in the European Communities (Civil Aviation Security) Regulations 2003 ( S.I. No. 226 of 2003 ) (as amended by the European Communities (Civil Aviation Security) (Amendment) Regulations 2019 ( S.I. No. 632 of 2019 )), and

“Type B screener” has the meaning given to it in the European Communities (Civil Aviation Security) Regulations 2003 (as amended by the European Communities (Civil Aviation Security) (Amendment) Regulations 2019).

(2) A word or expression that is used in these Regulations and is also used in the Principal Regulation or the Implementing Regulation shall have in these Regulations the same meaning as it has in the Principal Regulation or the Implementing Regulation unless the contrary intention appears.

3. (1) An airport operator, a Type A screener, a Type B screener and a relevant person have the power to perform all the functions, for the purpose of security control or screening, as are specified in the Annex to the Implementing Regulation.

(2) A relevant person shall comply with all applicable training, as well as certification or approval processes specified in the Annex to the Implementing Regulation.

(3) In this Regulation, “relevant person” means –

(a) an individual employed under a contract of service or engaged pursuant to a contract for services by an airport operator,

(b) an individual employed under a contract of service by a Type A screener or a Type B screener,

(c) any other body that provides services, whether or not under contract, to or on behalf of an airport operator,

(d) an individual employed under a contract of service by a body referred to in subparagraph (c), and

(e) a member of the Defence Forces providing services to an airport operator pursuant to a Government Decision,

who implements or is responsible for implementing security control or screening.

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GIVEN under my Official Seal,

4 July, 2022.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

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

These regulations confer powers on airport operators and other entities, including the Defence Forces, necessary to undertake screening and security controls under European civil aviation security regulations

1 OJ L 97, 9.4.2008, p. 72

2 OJ L 334, 22.12.2015, p. 5

2 OJ L 334, 22.12.2015, p. 5

3 OJ L 299, 14.11.2015, p. 1

4 OJ L 122, 13.5.2017, p. 1

5 OJ L 125, 18.5.2017, p.3

6 OJ L 10, 13, 1, 2018, p. 5

7 OJ L 21, 24.1.2019, p 13

8 OJ L 73, 15.3.2019, p. 98

9 OJ L 21, 27.1.2020, p.1

10 OJ L 208, 1.7.2020, p. 43

11 OJ L 58, 19.2.2021, p. 23

1 OJ L 97, 9.4.2008, p. 72

12 OJ L 7, 12.1.2010, p. 3