1.12.2016   

EN

Official Journal of the European Union

L 326/7

(1)

Experience with the implementation of Commission Regulation (EU) No 1254/2009 (2) has shown the need to clarify the requirement for risk assessments and be more specific on the types of operations of certain categories of air traffic listed in this Regulation in order to improve legal clarity, so as to avoid diverging interpretations of the legislation.

(2)

In exceptional cases and taking into consideration the specific nature of the flight, Member States should have the possibility to derogate from the weight limitations laid down in Regulation (EU) No 1254/2009 for certain categories of flights. Such derogations should be based on individual risk assessments and allow other Member States receiving such flights to require prior notification or approval.

(3)

Regulation (EU) No 1254/2009 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 19(3) of Regulation (EC) No 300/2008,

(1)

in Article 1, the first sentence is replaced by the following:

‘Member States may derogate from the common basic standards referred to in Article 4(1) of Regulation (EC) No 300/2008 and adopt alternative security measures that provide an adequate level of protection on the basis of a risk assessment approved by the appropriate authority at airports or demarcated areas of airports where traffic is limited to one or more of the following categories:’;

(2)

in Article 1, point 3 is replaced by the following:

(3)

in Article 1, point 10 is replaced by the following points 10, 11 and 12:

(4)

in Article 1, the following paragraph is added:

‘For flights covered under points 10, 11 and 12, but with a maximum take-off weight of 45 500 kilograms or more, the appropriate authority may in exceptional cases, and based on a risk assessment for each individual case, derogate from the weight limitation laid down in these categories. Member States receiving such flights with 45 500 kilograms or more may require prior notification, which may include a copy of the risk assessment carried out, or their prior approval. The requirement for prior notification or approval shall be submitted in writing to all other Member States.’.