Course material

1. Answer: Introduction The legislation and the regulation that shall be
Answer:
Introduction
The legislation and the regulation that shall be critically assessed, evaluated and explained
under this paper will be the Aviation laws in a whole and the specific amendment and
regulation EC300/2008 forming the part of Aviation Security Regulations and the
requirements, loopholes and the prospective benefits and effectiveness therefore. The
analysis and the critical evaluation of the Aviation laws and the concerned regulation shall
be helpful in evaluating the ineffectiveness in planning and implementation of the aviation
laws and the consequences that ensue as the part of this negligence and lack. The area of
Aviation law has been dealt with in a very negligent manner which has actually resulted in
the failure of effective management of law and security in the subjects of aviation law. The
major problems and issues which has been addressed in the detailed paper is the issue of
illegal interference with the public aviation security by the alien and stranger authorities
resulting in the breach of effective public aviation security management and failure of
confidential and privacy norms of the Aviation authorities and the state both directly and
indirectly.
Critical Study Of The Regulation
The major grey areas in the existing amendments and the aviation law initially developed
and legislated upon by the European council actually did have certain grey and shadowed
areas which were considered and addressed in the regulation amendment as being
discussed herein with. The wide disputed areas which were addressed in the regulating
amendment were the General measures relating to the management of the Aviation
standards and International Aviation systems specifically the maintenance of the crew
facilities, access to airside, access controls, and restricted areas, staff training, criteria for
staff recruitment and other related concerns and issues.
The regulation of 2008 has very effectively and widely under Article 3 of the amended
regulation protocol has discussed and detailed the definition of the words and the
languages used in the aviation security regulation so as to ensure strict adherence and
compliance without providing a scope for manipulation or exploitation under any alleged

2. grounds or any kind of other alleged premise.
Scope Of The Regulation: An Extended Purview
The scope of the regulation has been dealt with quite extensively and the application and
scope has been dealt with under Article 2 of the regulation of EC300/2008. The regulation
has basically been adjudged upon and application has been determined thereupon. The
application of the regulation has been given a very wide coverage unlike the previous
amendment regulations. It applies to:
All the airports and any part of the airports which situated in the territory of any affiliate
state that are the excluded from the use for military resolutions.
All operators counting the air carriers which are directly involved in providing services at
the airport stations not directly or indirectly used by any Military engagement or
establishment.
All the entities irrespective of the located spot of the entity whether inside or outside the
airport premises who are directly involved in providing of the goods and services through
airports which are not either directly or indirectly used by any military establishment or
engagement.
As far as the jurisdiction and application of the regulation of 2008 as legislated and
amended upon by the European parliament and the European council is concerned it has
covered all the aviation subjects and has minimized the scope of any kind of grey
discrimination and exploitation on the part of the alien entities and authorities.
Major Objectives And Grounds Of The Regulation
The regulation EC300/2008 was adopted and came into effect in the year 2008 by the
European Parliament in order to provide for the common ground and premise for defending
the civil aviation management from the unlawful interferences, encroachments and
breaches. The major developments which the concerned regulation focused upon and
improved upon are discussed and detailed herein. The major development was the
protection and armoring the goods and the persons inside the European Union since the
illegal interference actions and progressions with the civil aircrafts and restricting and
evading any kind of jeopardizing actions of the security of civil aviation. The course of
action which was so adopted for ensuring and supplementing this development was
establishment of the common rules and courses of actions for effective safeguarding and
protection of the civil aviation.
The formulation and making of common rules, means and standards was supported by the
regulation for effective supervision and ensure timely adherences and monitoring the

3. compliances. Prior to the regulation amendment, the Chicago convention on International
civil aviation did not have a base for interpretation and logical deduction which indicated a
sheer lack in effective implementation and execution of the International Civil Aviation
codes and standards. This scenario and picture did change after regulation amendment and
it desired and called for providing base for common clarification of the Annexure 17
specifically of the International civil aviation in Chicago convention of 7th December, 1944.
The Regulation rather than specifically providing extensively new norms and regulation
was actually the rejuvenation and revision of the regulation EC2320/2002 and focused
more towards ensuring harmonization and simplification and the existing clarification
regulation amendment and development in the scale and chain of civil aviation security
levels. The new regulation was legislated with the aim and objective of risk assessment by
using and exploiting newer technologies which were not taken care off in the previous
regulated amendments thereby proving ineffective in ensuring adequate risk management
and aviation security. The technicalities and procedural complications were given less
significance so as to push the focus towards what actually needs to be done in order to
achieve effective worthy results and conclusions. The ultimate objective was evolving
safeguarding mechanisms for public aviation actions against acts of illegal breaches and
encroachments.
The jurisdiction of the regulation was also extended by applying it to the airports serving
public aviation situated in the member states of the European union, to the operators giving
the services at such airports and also to the entities giving services and goods through the
airports in order to ensure best efficiency in maintaining the civil aviation security and
maintenance therefore. The regulation did account for bringing up uniformity in the
aviation industry by promoting and fostering the target of One stop solution for all the
aircrafts and flights operating within the circle of the European Union so as to ensure
balanced growth and security control in the aviation industry and digressing from any kind
of discriminative, exploitative and manipulative actions and triggers.
Prior to the 2008 regulation the member states of the European union lacked competency
to decide the deployment of inflight aircraft registered security officers in the member
states and on flights of air carriers licensed by the member states. The member states after
the legislation of the regulation amendment retained and were granted the competency of
deployment of the inflight security officers as the government personnel specifically
selected and trained taking into account the requisite safety and security aspects.
Penalties And Prosecutions Under The Amended Regulation
The regulation amendment also did provide for the penalties and prosecutions for the
violators. The penalties were recommended and advocated for the security control
breaches of the civil aviation aircrafts both by the working administrative personnel as well
as the alien entities. This recommendation and provision actually effectuated the force of

4. the legal regulation and thereby did ensure effective security control and management of
the civil aviation. The penalty so suggested and targeted by the regulation amendment
basically were to be imposed taking into consideration three elements namely the
effectiveness, proportionate and dissuasive.
The element of effective inspection, scrutiny, monitoring and surveillance was also lacking
in the Aviation code thereby reducing its ability and effectiveness to monitor and ensure
security control and internal risk assessment. This specific regulation amendment did
actually provided for the establishment of Universal Aviation commissions to trace and
scrutinize the strict adherence and compliance of the regulations and International code of
civil aviation by the European Union member states. The aviation commissions so
established and formed were delegated with the power of conducting unannounced
inspections and scrutiny for ensuring strict compliance to the regulation standards and
codes.
The regulation of 2008 has actually proved to be very effective in upholding the security
and internal control of the civil aviation industry uniformly to the member states of the
European Union. Article 4 of the proposed regulation describing and entailing the general
and common safety guards for the security management of the civil aviation has been the
major development of the regulation as aimed and viewed by the European parliament and
the European council for the member states. The basic standards which were actually laid
down and addressed by the regulation are stated and explained herein with. The common
basic standards were basically the perquisites for achieving the ultimate aims and
objectives of the regulation relating to the unlawful interference by the alien authorities
encroaching upon the security management systems and controls of the civil aviation
sector.
The general measures which were adopted as the provisions of the regulation amendment
suggested so were basically designed to amend the non-essential and supplementing
elements of the common basic standards. The general measures and concerns which were
effectively addressed by the regulations which actually catalyzed the process of ensuring an
effective management, control and the safety of civil aviation within European Union. The
concerns which the general measures did address as the protocol of the regulation are
stated and explained herein. The methods of the screening of the passengers were
effectively considered by the regulation and the reasonable methods were allowed for the
screening of the in aircraft passengers and the security officers.
The articles were categorized by the regulation protocol as prohibitory and restrictive as
general measure for ensuring of adequate security check and balance in civil aviation. The
codes and standards were laid down for effectively monitoring the access controls and the
premise for the granting access to airside and security restricted areas. Initial legislated
Aviation law and the regulation amendments prior to the year 2008 failed to devise
methods for effective inspection and examination of air vehicles, aircraft security checks

5. and searches. Post the regulation of 2008 amendment the methods rooted with new and
effective techniques and technologies were devised upon for examination of vehicles and
ensuring effective aircraft security searches and checks.
The regulation also did devise criteria for recognizing the security standards of the third
countries for effectively comparing and working towards enhancement of the security
control of civil aviation security. The regulation did not only ensured the security
management and safety of the civil aviation rather it also did ensure effective management
of the administration of the civil aviation staff and personnel so as to monitor effectiveness
and productivity in the output delivery. The criteria for the recruitment of the staff and
training methods did form the part of one of the prime and principle aim and objective of
the regulation of 2008 so as to ensure recruitment of adequately trained and skill
professionals. The standards of implementation and execution of the common measures
were also laid down by the regulation of 2008.
A critical evaluation of the regulation of the year 2008 is indicative of the fact that the
amended regulation numbered EC300/2008 is not an independent established norm for
monitoring the maintenance of effective security control and management rather is a
supplementing regulation to effectuate the provision of the Chicago Convention on
International security aviation. The Chicago convention has categorized and has been the
prime operator and governor of the aviation security management and the amended
regulation of the aviation law therefore is the catalyst to affect the provision of the Chicago
convention on International security aviation.
Effective Imposition Of Security Costs
The regulation has also provided for the imposition of mandatory security costs upon the
member states so as to ensure enough spends and expenditure in the maintenance of the
security of civil aviation and monitoring of the adherence and strict compliance to the rules
and codes therefore. The member states by the virtue of the Article 5 of the amended
regulation has also been empowered with the power to impose the reasonable, sufficient
and adequate costs of security upon the air carriers, operators, airport entities and other
responsible agencies and authorities.
Conclusion
After due consideration and screening of the amended regulation and aviation law as a
whole it can be reasonably and validly concluded that the amended regulation has actually
facilitated and supplemented the effectiveness of aviation law across the European Union
and the regulation has also stressed and focused upon the importance and significance of
the terms and provisions of the Chicago convention on the international aviation security.
The regulation has also catalyzed and supported the importance of uniformity and the
security in the civil aviation to protect and honor the political integrity, unity and

6. sovereignty of the state herein with referred to as the member states under the jurisdiction
and purview of the European union.
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