L 97/72 Official Journal of the European Union 9.4.2008 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 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), in the light of the joint text approved by the Con- ciliation Committee on 16 January 2008. Whereas: (1) In order to protect persons and goods within the European Union, acts of unlawful interference with civil aircraft that jeopardise the security of civil aviation should be prevented by establishing common rules for safeguarding civil avia- tion. This objective should be achieved by setting common rules and common basic standards on aviation security as well as mechanisms for monitoring compliance. (2)  Itis desirable, in the interests of civil aviation security gen- erally, to provide the basis for a common interpretation of Annex 17 to the Chicago Convention on International Civil Aviation of 7 December 1944. (3)  Regulation (EC) No 2320/2002 of the European Parlia- ment and of the Council of 16 December 2002 establish- ing common rules in the field of civil aviation security (%) was adopted as a result of the events of 11 September 2001 in the United States. A common approach is needed in the field of civil aviation security and consideration should be given to the most effective means of offering assistance following terrorist acts that have a major impact in the transport field. (1) O C 185, 8.8.2006, p. 17. (%) Opinion of the European Parliament of 15 June 2006 (O] C 300 E, 9.12.2006, p. 463), Council Common Position of 11 December 2006 (OJ C70E, 27.3.2007, p. 21) and Position of the European Parliament of 25 April 2007 (not yet published in the Official Journal), Legisla- tive Resolution of the European Parliament of 11 March 2008 (not yet published in the Official Journal) and Council Decision of 4 March 2008. OJ L 355,30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (O] L 158, 30.4.2004, p. 1, corrected by O] L 229, 29.6.2004, p. 3). W ~ ) The content of Regulation (EC) No 2320/2002 should be revised in the light of the experience gained, and the Regu- lation itself should be repealed and replaced by this Regu- lation seeking the simplification, harmonisation and clarification of the existing rules and the improvement of the levels of security. Given the need for more flexibility in adopting security measures and procedures in order to meet evolving risk assessments and to allow new technologies to be intro- duced, this Regulation should lay down the basic principles of what has to be done in order to safeguard civil aviation against acts of unlawful interference without going into the technical and procedural details of how they are to be implemented. This Regulation should apply to airports serving civil avia- tion located in the territory of a Member State, to opera- tors providing services at such airports and to entities providing goods andfor services to or through such airports. Without prejudice to the Convention on offences and cer- tain other acts committed on board aircraft, Tokyo, 1963, the Convention for the suppression of unlawful seizure of aircraft, The Hague, 1970, and the Convention for the sup- pression of unlawful acts against the safety of civil aviation, Montreal, 1971, this Regulation should also cover security measures that apply on board an aircraft, or during a flight, of Community air carriers. Each Member State retains the competence to decide whether to deploy in-flight security officers on aircraft reg- istered in that Member State and on flights of air carriers licensed by it as well as to ensure, in accordance with para- graph 4.7.7 of Annex 17 to the Chicago Convention on International Civil Aviation and under the terms of that Convention, that such officers are government personnel who are specially selected and trained, taking into account the required security and safety aspects on board an aircraft.