Implementing regulation 2015/1998 - Detailed measures for the implementation of the common basic standards on aviation security - Main contents

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1998

of 5 November 2015

laying down detailed measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 4(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The detailed measures for the implementation of the common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation, referred to in Article 4(1) of Regulation (EC) No 300/2008, and the general measures supplementing those common basic standards, referred to in Article 4(2) of that Regulation, are set out in the Annex.

Article 2

Regulation (EU) No 185/2010 is repealed. References to the repealed Regulation shall be construed as a reference to this Regulation.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 February 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 November 2015.

For the Commission

The President

Jean-Claude JUNCKER

• (1) 

  OJ L 97, 9.4.2008, p. 72.

• (2) 

  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

• (3) 

  Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 55, 5.3.2010, p. 1).

ANNEX

• 1. 

  AIRPORT SECURITY

1.0   GENERAL PROVISIONS

1.0.1   Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter.

1.0.2   For the purposes of this Chapter, an aircraft, bus, baggage cart or other means of transport, or a walkway or jetway, shall be regarded as a part of an airport.

For the purposes of this Chapter, ‘secured baggage’ means screened departing hold baggage that is physically protected so as to prevent the introduction of any objects.

1.0.3   Without prejudice to the criteria for derogations as set out in Part K of the Annex to Commission Regulation (EC) No 272/2009 (1), the appropriate authority may allow special security procedures or exemptions for the protection and security of airside areas at airports on days on which there are not more than eight planned departing flights, provided that only one aircraft is to be loaded, unloaded, boarded or disembarked at any one time either within the critical part of the security restricted area or at an airport that falls outside of the scope of point 1.1.3.

1.0.4   For the purposes of this Annex ‘items carried by persons other than passengers’ refers to the belongings intended for the personal use of the person that carries them.

1.0.5   References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 final (2) include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, the Title VI of Part Three of that Treaty does not apply.

1.1   AIRPORT PLANNING REQUIREMENTS

1.1.1   Boundaries

1.1.1.1   Boundaries between landside, airside, security restricted areas, critical parts and, where applicable, demarcated areas shall be clearly identifiable at each airport in order to enable the appropriate security measures to be taken in each of those areas.

1.1.1.2   The boundary between landside and airside shall be a physical obstruction that is clearly visible to the general public and which denies a person unauthorised access.

1.1.2   Security restricted areas

1.1.2.1   Security restricted areas shall include at least the following:

1.1.2.2   A part of an airport shall be regarded as a security restricted area at least for the period of time that the activities referred to in point 1.1.2.1 are taking place.

When a security restricted area is established, a security search of the parts that could have been contaminated shall be carried out immediately before such an area is established in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search.

1.1.2.3   Whenever unauthorised persons may have had access to security restricted areas, a security search of the parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search.

1.1.3   Critical parts of security restricted areas

1.1.3.1   Critical parts shall be established at airports where more than 40 persons hold airport identification cards giving access to security restricted areas.

1.1.3.2   Critical parts shall include at least the following:

A part of an airport shall be regarded as a critical part at least for the period of time that the activities referred to in points (a) or (b) are taking place.

1.1.3.3   When a critical part is established, a security search of the parts that could have been contaminated shall be carried out immediately before such a part is established in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search.

1.1.3.4   Whenever unscreened persons or passengers and crew members arriving from third countries other than those listed in Attachment 4-B may have had access to critical parts, a security search of those parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that it does not contain prohibited articles.

Paragraph 1 shall be considered to be met for aircraft that are subject to an aircraft security search.

Paragraph 1 shall not apply when persons covered by point 1.3.2 and point 4.1.1.7 have had access to critical parts.

As far as passengers and crew members arriving from third countries other than those listed in Attachment 4-B are concerned, paragraph 1 shall only apply to those critical parts that are used by screened hold baggage and/or screened departing passengers not departing on the same aircraft as these passengers and crew members.

1.2   ACCESS CONTROL

1.2.1   Access to airside

1.2.1.1   Access to airside may only be authorised if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.

1.2.1.2   In order to be granted access to airside a person shall carry an authorisation.

1.2.1.3   In order to be granted access to airside a vehicle shall display a vehicle pass.

1.2.1.4   Persons who are airside shall, upon request, present their authorisation for control.

1.2.2   Access to security restricted areas

1.2.2.1   Access to security restricted areas may only be granted if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.

1.2.2.2   In order to be granted access to security restricted areas a person shall present one of the following authorisations:

Alternatively, access may also be granted after positive identification via biometric data verification.

1.2.2.3   In order to be granted access to security restricted areas a vehicle shall display a valid vehicle pass.

1.2.2.4   The boarding card or equivalent referred to in point 1.2.2.2(a) shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid.

The card referred to in points 1.2.2.2(b)-(e), respectively, shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid and corresponds to the holder.

Where biometric identification is used, the verification shall ensure that the person seeking access to security restricted areas holds one of the authorisations listed under point 1.2.2.2 and that this authorisation is valid and was not disabled.

1.2.2.5   In order to prevent unauthorised access to security restricted areas access points shall be controlled by:

The appropriate authority may define in its national aviation security programme that the limitation to one person at a time under point (a) does not apply at access points exclusively used by law enforcement officers.

1.2.2.6   The vehicle pass shall be checked before a vehicle is granted access to security restricted areas to ensure that it is valid and corresponds to the vehicle.

1.2.2.7   Access to security restricted areas shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.2.3   Requirements for Union crew identification cards and airport identification cards

1.2.3.1   A crew identification card of a crew member employed by a Union air carrier and an airport identification card may only be issued to a person who has an operational need and has successfully completed a background check in accordance with point 11.1.3.

1.2.3.2   Crew and airport identification cards shall be issued for a period not exceeding five years.

1.2.3.3   The identification card of a person who fails a background check shall be immediately withdrawn.

1.2.3.4   The identification card shall be worn in a visible place at least whenever the holder is in security restricted areas.

A person who is not displaying his card in security restricted areas other than those areas where passengers are present shall be challenged by persons responsible for the implementation of point 1.5.1(c) and, as appropriate, be reported.

1.2.3.5   The identification card shall be returned immediately to the issuing entity:

1.2.3.6   The issuing entity shall be notified immediately of the loss, theft or failure to return an identification card.

1.2.3.7   An electronic card shall be immediately disabled following return, expiry, withdrawal or notification of loss, theft or failure to return.

1.2.3.8   Union crew identification cards and airport identification cards shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.2.4   Supplementary requirements for Union crew identification cards

1.2.4.1   A crew identification card of a crew member employed by a Union air carrier shall display:

1.2.5   Supplementary requirements for airport identification cards

1.2.5.1   An airport identification card shall display:

The names and areas of access may be replaced by an equivalent identification.

1.2.5.2   In order to prevent the misuse of airport identification cards, a system shall be in place to reasonably ensure that attempted use of cards that have been lost, stolen or not returned is detected. Upon detection, appropriate action shall be taken.

1.2.6   Requirements for vehicle passes

1.2.6.1   A vehicle pass may only be issued where an operational need has been established.

1.2.6.2   A vehicle pass shall be specific to the vehicle and display:

Electronic vehicle passes need not display the areas for which the vehicle is authorised to have access nor the expiry date, provided that this information is electronically readable and checked before granting access to security restricted areas.

1.2.6.3   An electronic vehicle pass shall be fixed to the vehicle in a manner which ensures that it is non-transferable.

1.2.6.4   The vehicle pass shall be displayed in a visible place whenever the vehicle is airside.

1.2.6.5   The vehicle pass shall be returned immediately to the issuing entity:

1.2.6.6   The issuing entity shall be notified immediately of the loss, theft or failure to return a vehicle pass.

1.2.6.7   An electronic vehicle pass shall be immediately disabled following return, expiry or notification of loss, theft or failure to return.

1.2.6.8   In order to prevent the misuse of vehicle passes, a system shall be in place to reasonably ensure that attempted use of vehicle passes that have been lost, stolen or not returned is detected. Upon detection, appropriate action shall be taken.

1.2.6.9   Vehicles that are only used airside and have no permission to drive on public roads may be exempted from application of points 1.2.6.2 to 1.2.6.8 provided that they are clearly marked externally as operational vehicles in use at that airport.

1.2.7   Escorted access

1.2.7.1   Crew members, other than those holding a valid airport identification card, shall be escorted at all times when in security restricted areas other than:

1.2.7.2   Exceptionally, a person may be exempted from the requirements of point 1.2.5.1 and obligations on background checks on condition that that person is escorted at all times when in security restricted areas. A person may be exempted from the requirement to be escorted if that person displays an authorisation and is a holder of a valid airport identification card.

1.2.7.3   An escort shall:

1.2.7.4   A vehicle may be exempted from the requirements of point 1.2.6 on condition that it is escorted at all times when airside.

1.2.7.5   Whenever a passenger does not travel as a result of an air carriage contract resulting in the delivery of a boarding pass or equivalent, a crew member escorting this passenger may be exempted from the requirements of point 1.2.7.3(a).

1.2.8   Other exemptions

Other exemptions shall be subject to provisions laid down in Commission Implementing Decision C(2015) 8005.

1.3   SCREENING OF PERSONS OTHER THAN PASSENGERS AND ITEMS CARRIED

1.3.1   Screening of persons other than passengers and items carried

1.3.1.1   Persons other than passengers shall be screened by one of the following means:

1.3.1.2   Points 4.1.1.3 – 4.1.1.6 and 4.1.1.10 – 4.1.1.11 shall apply to the screening of persons other than passengers.

1.3.1.3   Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening of persons other than passengers or in unpredictable alternation with hand searches, WTMD or security scanners.

1.3.1.4   Items carried by persons other than passengers shall be screened by one of the following means:

1.3.1.5   Points 4.1.2.4 – 4.1.2.7 and 4.1.2.11 shall apply to the screening of items carried by persons other than passengers.

1.3.1.6   Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening of items carried by persons other than passengers or in unpredictable alternation with hand searches, x-ray equipment or EDS equipment.

1.3.1.7   Where persons other than passengers and items carried have to be screened on a continuous random basis, the frequency shall be established by the appropriate authority on the basis of a risk assessment.

1.3.1.8   The screening of persons other than passengers and items carried shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.3.2   Exemptions and special screening procedures

1.3.2.1   The appropriate authority may, for objective reasons, allow persons other than passengers to be exempted from screening, or to be subjected to special screening procedures, provided that they are escorted by a person authorised to escort in accordance with point 1.2.7.3.

1.3.2.2   Screened persons other than passengers who temporarily leave critical parts may be exempted from screening on their return provided that they have been under constant observation by authorised persons sufficient to reasonably ensure that they do not introduce prohibited articles into those critical parts.

1.3.2.3   Exemptions and special screening procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4   EXAMINATION OF VEHICLES

1.4.1   Vehicles entering critical parts

1.4.1.1   All vehicles shall be examined before entering critical parts. They shall be protected from unlawful interference from after examination until entering critical parts.

1.4.1.2   The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes place. They shall be required to take their personal belongings out of the vehicle with them for screening.

1.4.1.3   There shall be defined methodologies to ensure the randomness of selection of the areas to be examined.

1.4.1.4   Vehicles entering critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.2   Vehicles entering security restricted areas other than critical parts

1.4.2.1   The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes place. They shall be required to take their personal belongings out of the vehicle with them for screening.

1.4.2.2   There shall be defined methodologies to ensure the randomness of selection of both vehicles and the areas to be examined.

1.4.2.3   Vehicles entering security restricted areas other than critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.3   Methods of examination

1.4.3.1   A hand search shall consist of a thorough manual check of the areas selected, including contents, in order to reasonably ensure that they do not contain prohibited articles.

1.4.3.2   The following methods may only be used as a supplementary means of examination:

1.4.3.3   Methods of examination shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.4   Exemptions and special examination procedures

1.4.4.1   The appropriate authority may, for objective reasons, allow vehicles to be exempted from examination, or to be subjected to special examination procedures, provided that they are escorted by a person authorised to escort in accordance with point 1.2.7.3.

1.4.4.2   Exemptions and special examination procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.5   SURVEILLANCE, PATROLS AND OTHER PHYSICAL CONTROLS

1.5.1   Surveillance or patrols shall be undertaken in order to monitor:

1.5.2   The frequency and means of undertaking surveillance and patrols shall be based on a risk assessment and shall be approved by the appropriate authority. They shall take into account:

The parts of the risk assessment relating to the frequency and means of undertaking surveillance and patrols shall, upon request, be made available in writing for compliance monitoring purposes.

1.5.3   Surveillance and patrols shall not follow a predictable pattern. The validity of identification cards shall be checked on a random basis.

1.5.4   Measures shall be in place that both deter persons from breaching security checkpoints and, should such a breach occur, promptly enable the breach and its repercussions to be resolved and rectified.

1.6   PROHIBITED ARTICLES

1.6.1   Persons other than passengers shall not be permitted to carry into security restricted areas the articles listed in Attachment 1-A.

1.6.2   An exemption to point 1.6.1 may be granted on condition that the person is authorised to carry prohibited articles into security restricted areas in order to undertake tasks that are essential for the operation of airport facilities or of aircraft, or for performing in-flight duties.

1.6.3   In order to allow reconciliation of the person authorised to carry one or more articles as listed in Attachment 1-A with the article carried:

1.6.4   Reconciliation shall be performed before the person is allowed to carry the article(s) concerned into security restricted areas or on board an aircraft, or upon being challenged by persons performing surveillance or patrols under point 1.5.1(c).

1.6.5   Articles as listed in Attachment 1-A may be stored in security restricted areas provided they are kept in secure conditions. Articles as listed in points (c), (d) and (e) of Attachment 4-C may be stored in security restricted areas provided they are not accessible to passengers.

ATTACHMENT 1-A

PERSONS OTHER THAN PASSENGERS

LIST OF PROHIBITED ARTICLES

• 2. 

  DEMARCATED AREAS OF AIRPORTS

No provisions in this Regulation.

• 3. 

  AIRCRAFT SECURITY

3.0   GENERAL PROVISIONS

3.0.1   Unless otherwise stated, an air carrier shall ensure the implementation of the measures set out in this Chapter as regards its aircraft.

3.0.2   Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards aircraft security are listed in Attachment 3-B.

3.0.3   An aircraft need not be subjected to an aircraft security check. It shall be subjected to an aircraft security search in accordance with point 3.1.

3.0.4   An air carrier shall, upon request, be notified by the airport operator whether or not its aircraft is in a critical part. When this is not clear, it shall be assumed that the aircraft is in a part other than a critical part.

3.0.5   When an area is no longer considered to be a critical part because of a change of security status then the airport shall inform those carriers that are affected.

3.0.6   References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply.

3.1   AIRCRAFT SECURITY SEARCH

3.1.1   When to perform an aircraft security search

3.1.1.1   An aircraft shall at all times be subjected to an aircraft security search whenever there is reason to believe that unauthorised persons may have had access to it.

3.1.1.2   An aircraft security search shall consist of an examination of defined areas of an aircraft that are laid down in Commission Implementing Decision C(2015) 8005.

3.1.1.3   An aircraft arriving into a critical part from a third country not listed in Attachment 3-B shall be subjected to an aircraft security search any time after passenger disembarkation from the area to be searched and/or the unloading of the hold.

3.1.1.4   An aircraft arriving from a Member State where it was in transit after having arrived from a third country not listed in Attachment 3-B shall be considered as an aircraft arriving from a third country.

3.1.1.5   When to perform an aircraft security search shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

3.1.2   How to perform an aircraft security search

How to perform an aircraft security search shall be subject to the provisions laid down in Commission Implementing Decision C(2015) 8005.

3.1.3   Information on the aircraft security search

The following information on the aircraft security search of a departing flight shall be recorded and kept at a point not on the aircraft for the duration of the flight or for 24 hours, whichever is longer:

Where an aircraft security search was performed, the information shall also include:

3.2   PROTECTION OF AIRCRAFT

3.2.1   Protection of aircraft — General

3.2.1.1   Regardless of where an aircraft is parked at an airport, each of its external doors shall be protected against unauthorised access by:

3.2.1.2   Point 3.2.1.1 shall not apply to an aircraft parked in a hangar that is locked or otherwise protected from unauthorised access.

3.2.2   Additional protection of aircraft with closed external doors in a part other than a critical part

3.2.2.1   Where external doors are closed and the aircraft is in a part other than a critical part, each external door shall also:

Point (a) shall not apply for a door that is accessible from the ground by a person.

3.2.2.2   Where access aids are removed for doors that are not accessible by a person from the ground, they shall be placed sufficiently far from the aircraft as to reasonably prevent access.

3.2.2.3   Where external doors are locked, only persons with an operational need shall be able to unlock these doors.

3.2.2.4   Where external doors are monitored, the monitoring shall ensure that unauthorised access to the aircraft is immediately detected.

3.2.2.5   The protection of aircraft with closed external doors in a part other than a critical part shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 3-A

AIRCRAFT SECURITY SEARCH

Detailed provisions for an aircraft security search are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 3-B

AIRCRAFT SECURITY

THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

As regards aircraft security, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards:

The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.

The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.

• 4. 

  PASSENGERS AND CABIN BAGGAGE

4.0   GENERAL PROVISIONS

4.0.1   Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter.

4.0.2   Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards passengers and cabin baggage are listed in Attachment 4-B.

4.0.3   Passengers and their cabin baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 4-B shall be considered as passengers and cabin baggage arriving from a third country, unless there is a confirmation that these passengers and their cabin baggage were screened in that Member State.

4.0.4   For the purpose of this Annex:

4.0.5   References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply.

4.1   SCREENING OF PASSENGERS AND CABIN BAGGAGE

4.1.1   Screening of passengers

4.1.1.1   Before screening, coats and jackets shall be taken off and shall be screened as cabin baggage. The screener may request the passenger to undertake further divesting as appropriate.

4.1.1.2   Passengers shall be screened by at least one of the following methods:

Where the screener cannot determine whether or not the passenger is carrying prohibited articles, the passenger shall be denied access to security restricted areas or rescreened to the screener's satisfaction.

4.1.1.3   When a hand search is performed it shall be carried out so as to reasonably ensure that the person is not carrying prohibited articles.

4.1.1.4   When WTMD equipment alarms, the cause of the alarm shall be resolved.

4.1.1.5   Hand-held metal detection (HHMD) equipment may only be used as a supplementary means of screening. It shall not replace the requirements of a hand search.

4.1.1.6   Where a live animal is permitted to be carried in the cabin of an aircraft, it shall be screened either as a passenger or as cabin baggage.

4.1.1.7   The appropriate authority may create categories of passengers that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.1.8   The screening of passengers shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.1.9   Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening.

4.1.1.10   When a security scanner with a human reviewer, as defined under the second paragraph of point 12.11.1, is used for screening of passengers, all of the following minimum conditions shall be complied with:

Paragraphs (a) and (d) shall also apply to security scanners with automatic threat detection.

Passengers shall be entitled to opt out from a security scanner. In this case the passenger shall be screened by an alternative screening method including at least a hand search in accordance with Attachment 4-A of Commission Implementing Decision C(2015) 8005. When the security scanner alarms, the cause of the alarm shall be resolved.

Before being screened by a security scanner, the passenger shall be informed of the technology used, the conditions associated to its use and the possibility to opt out from a security scanner.

4.1.1.11   Explosive trace detection (ETD) equipment in combination with hand held metal detection (HHMD) equipment may only be used in cases where the screener considers a hand search of a given part of the person to be inefficient and/or undesirable.

4.1.2   Screening of cabin baggage

4.1.2.1   Before screening, portable computers and other large electrical items shall be removed from cabin baggage and shall be screened separately, unless the cabin baggage is to be screened with Explosive Detection Systems (EDS) equipment meeting standard C2 or higher.

4.1.2.2   The appropriate entity at all airports shall screen, upon entry to the security restricted area (SRA), at least LAGs obtained at an airport or on board an aircraft that are sealed in a STEB inside which is displayed satisfactory proof of purchase at airside at an airport or on board an aircraft, as well as LAGs to be used during the trip for medical purposes or a special dietary requirement, including baby food.

Before screening, LAGs shall be removed from cabin baggage and shall be screened separately from other items of cabin baggage, unless the equipment used for the screening of cabin baggage is also capable of screening multiple closed LAGs containers inside baggage.

Where LAGs have been removed from cabin baggage, the passenger shall present:

Appropriate authorities, airlines and airports shall provide appropriate information to passengers in respect of the screening of LAGs at their airports.

4.1.2.3   Cabin baggage shall be screened by at least one of the following methods:

Where the screener cannot determine whether or not the cabin baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

4.1.2.4   A hand search of cabin baggage shall consist of a manual check of the baggage, including its contents, as to reasonably ensure that it does not contain prohibited articles.

4.1.2.5   Where x-ray or EDS equipment is used, each image shall be viewed by the screener or analysed by auto clear software (ACS).

4.1.2.6   Where x-ray or EDS equipment is used, all alarms shall be resolved to the satisfaction of the screener so as to reasonably ensure that no prohibited articles are carried into the SRA or on board an aircraft.

4.1.2.7   Where x-ray or EDS equipment is used, any item whose density impairs the ability of the screener to analyse the contents of the cabin baggage shall be taken out of the baggage. The bag shall be screened again and the item shall be screened separately as cabin baggage.

4.1.2.8   Any bag that is found to contain a large electrical item shall be screened again with the item no longer in the bag and the electrical item screened separately, unless the cabin baggage was screened with EDS equipment meeting standard C2 or higher.

4.1.2.9   Explosive detection dogs and explosive trace detection (ETD) equipment may only be used as a supplementary means of screening.

4.1.2.10   The appropriate authority may create categories of cabin baggage that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.2.11   Persons screening cabin baggage by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

There shall be a supervisor responsible for screeners of cabin baggage in order to assure optimum team composition, quality of work, training, support and appraisal.

4.1.2.12   The screening of cabin baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.3   Screening of liquids, aerosols and gels (LAGs)

4.1.3.1   LAGs carried by passengers may be exempted from screening with LEDS equipment upon entry to the SRA in the following cases:

The exemptions referred to under points (c) and (d) shall expire on 31 December 2015.

4.1.3.2   The dedicated STEBs referred to under points (b) to (d) of point 4.1.3.1 shall:

4.1.3.3   The screening of LAGs shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.2   PROTECTION OF PASSENGERS AND CABIN BAGGAGE

The protection of passengers and cabin baggage shall be subject to the provisions laid down in Commission Implementing Decision C(2015) 8005.

4.3   POTENTIALLY DISRUPTIVE PASSENGERS

4.3.1   An air carrier shall be notified in writing in advance by the competent authority of the plan to embark a potentially disruptive passenger on board its aircraft.

4.3.2   The notification shall contain the following details:

The air carrier shall make this information available to the pilot in command prior to passengers boarding the aircraft.

4.3.3   The competent authority shall ensure that persons in lawful custody are always escorted.

4.4   PROHIBITED ARTICLES

4.4.1   Passengers shall not be permitted to carry into security restricted areas or on board an aircraft the articles listed in Attachment 4-C.

4.4.2   An exemption to point 4.4.1 may be granted on condition that:

These articles shall then be placed in secure conditions on board aircraft.

4.4.3   The air carrier shall ensure that passengers are informed of the prohibited articles listed in Attachment 4-C before check-in is completed.

ATTACHMENT 4-A

REQUIREMENTS FOR A HAND SEARCH

Detailed provisions for a hand search are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 4-B

PASSENGERS AND CABIN BAGGAGE

THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

As regards passengers and cabin baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards.

The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.

The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.

ATTACHMENT 4-C

PASSENGERS AND CABIN BAGGAGE

LIST OF PROHIBITED ARTICLES

Without prejudice to applicable safety rules, passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft:

(a)    guns, firearms and other devices that discharge projectiles — devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:

(b)    stunning devices — devices designed specifically to stun or immobilise, including:

(c)    objects with a sharp point or sharp edge — objects with a sharp point or sharp edge capable of being used to cause serious injury, including:

(d)    workmen's tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:

(e)    blunt instruments — objects capable of being used to cause serious injury when used to hit, including:

(f)    explosives and incendiary substances and devices — explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:

• 5. 

  HOLD BAGGAGE

5.0   GENERAL PROVISIONS

5.0.1   Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter.

5.0.2   Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards hold baggage are listed in Attachment 5-A.

5.0.3   Hold baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 5-A shall be considered as hold baggage arriving from a third country, unless there is a confirmation that the hold baggage was screened in that Member State.

5.0.4   For the purpose of this Chapter, ‘secured baggage’ means screened departing hold baggage that is physically protected so as to prevent the introduction of any objects.

5.0.5   References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply.

5.1   SCREENING OF HOLD BAGGAGE

5.1.1   The following methods, either individually or in combination, shall be used to screen hold baggage:

Where the screener cannot determine whether or not the hold baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

5.1.2   A hand search shall consist of a thorough manual check of the baggage, including all its contents, so as to reasonably ensure that it does not contain prohibited articles.

5.1.3   Where x-ray or EDS equipment is used, any item whose density impairs the ability of the screener to analyse the contents of the baggage shall result in it being subject to another means of screening.

5.1.4   Screening by explosive trace detection (ETD) equipment shall consist of the analysis of samples taken from both the inside and the outside of the baggage and from its contents. The contents may also be subjected to a hand search.

5.1.5   The appropriate authority may create categories of hold baggage that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

5.1.6   The screening of hold baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

5.1.7   Persons screening hold baggage by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

There shall be a supervisor responsible for screeners of hold baggage in order to assure optimum team composition, quality of work, training, support and appraisal.

5.2   PROTECTION OF HOLD BAGGAGE

5.2.1   Passengers may not be allowed access to screened hold baggage, unless it is their own baggage and they are supervised to ensure that:

5.2.2   Hold baggage that has not been protected from unauthorised interference shall be rescreened.

5.2.3   The protection of hold baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

5.3   BAGGAGE RECONCILIATION

5.3.1   Identification of hold baggage

5.3.1.1   An air carrier shall, during the boarding process, ensure that a passenger presents a valid boarding card or equivalent corresponding to the hold baggage that was checked in.

5.3.1.2   An air carrier shall ensure that there is a procedure in place to identify hold baggage of passengers who did not board or left the aircraft before departure.

5.3.1.3   If the passenger is not on board the aircraft, the hold baggage corresponding to his boarding card or equivalent shall be considered as unaccompanied.

5.3.1.4   An air carrier shall ensure that each item of unaccompanied hold baggage is clearly identifiable as authorised for transport by air.

5.3.2   Factors beyond the passenger's control

5.3.2.1   The reason that the baggage became unaccompanied shall be recorded before it is loaded onto an aircraft, unless the security controls as referred to in point 5.3.3 are applied.

5.3.2.2   Additional detailed provisions on the factors beyond the passenger's control are laid down in Commission Implementing Decision C(2015) 8005.

5.3.3   Appropriate security controls for unaccompanied hold baggage

5.3.3.1   Unaccompanied hold baggage not covered by point 5.3.2 shall be screened by one of the methods laid down in point 5.1.1 and, where applicable, applying additional requirements laid down in Commission Implementing Decision C(2015) 8005.

5.3.3.2   Hold baggage that becomes unaccompanied baggage due to factors other than those referred to in point 5.3.2.2 shall be removed from the aircraft and rescreened before loading it again.

5.3.3.3   Additional detailed provisions for appropriate security controls for unaccompanied hold baggage are laid down in Commission Implementing Decision C(2015) 8005.

5.4   PROHIBITED ARTICLES

5.4.1   Passengers shall not be permitted to carry in their hold baggage the articles listed in Attachment 5-B.

5.4.2   An exemption to point 5.4.1 may be granted on condition that:

5.4.3   Passengers shall be informed of the prohibited articles listed in Attachment 5-B before check-in is completed.

ATTACHMENT 5-A

HOLD BAGGAGE

THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

As regards hold baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards.

The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.

The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.

ATTACHMENT 5-B

HOLD BAGGAGE

LIST OF PROHIBITED ARTICLES

Passengers are not permitted to carry the following articles in their hold baggage:

explosives and incendiary substances and devices — explosives and incendiary substances and devices capable of being used to cause serious injury or to pose a threat to the safety of aircraft, including:

• 6. 

  CARGO AND MAIL

6.0   GENERAL PROVISIONS

6.0.1   The authority, airport operator, air carrier or entity as defined in this Chapter shall ensure the implementation of the measures set out in this Chapter.

6.0.2   Assembled explosive and incendiary devices that are not carried in accordance with the applicable safety rules shall be considered as prohibited articles in consignments of cargo and mail.

6.0.3   References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply.

6.1   SECURITY CONTROLS — GENERAL PROVISIONS

6.1.1   All cargo and mail shall be screened by a regulated agent before being loaded on to an aircraft, unless:

6.1.2   Where there is any reason to believe that a consignment to which security controls have been applied has been tampered with or has not been protected from unauthorised interference from the time that those controls were applied, it shall be screened by a regulated agent before being loaded on to an aircraft. Consignments which appear to have been significantly tampered with or which are otherwise suspect shall be treated as high risk cargo or mail (HRCM) in accordance with point 6.7.

6.1.3   A person with unescorted access to identifiable air cargo or identifiable air mail to which the required security controls have been applied shall have successfully completed either a background check or a pre-employment check in accordance with point 11.1.

6.2   SCREENING

6.2.1   Screening

6.2.1.1   When screening cargo or mail:

6.2.1.2   Where the screener cannot be reasonably sure that no prohibited articles are contained in the consignment, the consignment shall be rejected or be rescreened to the screener's satisfaction.

6.2.1.3   The screening of cargo and mail shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

6.2.1.4   Persons screening cargo by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

6.2.1.5   Cargo and mail shall be screened by at least one of the following methods in accordance with Attachment 6-J:

Where the screener cannot determine whether or not the cargo or mail contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

6.2.1.6   If agreed by the appropriate authority and notified to the Commission, other appropriate security controls may be applied only where it is not possible to apply any of the other means or methods specified in point 6.2.1.5 owing to the nature of the consignment.

6.2.2   Exemptions from screening

Provisions for exemptions from screening are laid down in Commission Implementing Decision C(2015) 8005.

6.3   REGULATED AGENTS

6.3.1   Approval of regulated agents

6.3.1.1   Regulated agents shall be approved by the appropriate authority.

The approval as a regulated agent shall be site specific.

Any entity that applies security controls as referred to in point 6.3.2 shall be approved as a regulated agent. This includes third party logistics providers responsible for integrated warehousing and transportation services, air carriers and handling agents.

A regulated agent may subcontract one or more of the following:

6.3.1.2   The following procedure shall apply for the approval of regulated agents:

6.3.1.3   A regulated agent shall designate at least one person at each site who shall be responsible for the implementation of the submitted security programme. This person shall have successfully completed a background check in accordance with point 11.1.

6.3.1.4   A regulated agent shall be re-validated at regular intervals not exceeding 5 years. This shall include an on-site verification in order to assess whether the regulated agent still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.

An inspection at the premises of the regulated agent by the appropriate authority in accordance with its national quality control programme may be considered as an on-site verification, provided that it covers all the requirements necessary for approval.

Except for the requirements laid down in point 6.2, an examination of the site of the regulated agent by the relevant customs authority according to Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.

6.3.1.5   If the appropriate authority is no longer satisfied that the regulated agent complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of regulated agent for the specified site(s).

If the entity is no longer a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 or if this AEO certificate is suspended due to non-compliance with Article 14k of that Regulation, the appropriate authority shall undertake appropriate action to satisfy itself that the regulated agent complies with the requirements of Regulation (EC) No 300/2008.

The entity shall inform the appropriate authority of any changes related to its AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93.

Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the former regulated agent's change of status is indicated in the ‘Union database on supply chain security’.

6.3.1.6   Without prejudice to the right of each Member State to apply more stringent measures in accordance with Article 6 of Regulation (EC) No 300/2008, a regulated agent approved in accordance with point 6.3 of this Annex shall be recognised in all Member States.

6.3.1.7   The requirements of point 6.3.1, other than 6.3.1.2(d), shall not apply when the appropriate authority itself is to be approved as a regulated agent.

6.3.1.8   The appropriate authority shall make available to the customs authority any information related to the status of a regulated agent which could be relevant in respect of holding an AEO certificate as referred to in points (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93. This shall include the information related to new approvals of regulated agents, withdrawal of the regulated agent status, revalidation and inspections, verification schedules and outcomes of these assessments.

Modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.

6.3.2   Security controls to be applied by a regulated agent

6.3.2.1   When accepting any consignments, a regulated agent shall establish whether the entity from which it receives the consignments is a regulated agent, a known consignor, an account consignor or none of these.

6.3.2.2   The person delivering the consignments to the regulated agent or air carrier shall present an identity card, passport, driving licence or other document, which includes his or her photograph and which has been issued or is recognised by the national authority. The card or document shall be used to establish the identity of the person delivering the consignments.

6.3.2.3   The regulated agent shall ensure that consignments to which not all required security controls have previously been applied are:

Point (b) may only be applied if it is unpredictable for the consignor that the consignment is to be transported by air.

6.3.2.4   After the security controls referred to in points 6.3.2.1 to 6.3.2.3 of this Regulation and point 6.3 of Commission Implementing Decision C(2015) 8005 have been applied, the regulated agent shall ensure that:

6.3.2.5   After the security controls referred to in points 6.3.2.1 to 6.3.2.4 have been applied, the regulated agent shall ensure that any consignment tendered to an air carrier or another regulated agent is accompanied by appropriate documentation, either in the form of an air waybill or in a separate declaration and either in an electronic format or in writing.

6.3.2.6   The documentation referred to in point 6.3.2.5 shall be available for inspection by the appropriate authority at any point before the consignment is loaded on to an aircraft and afterwards for the duration of the flight or for 24 hours, whichever is the longer and shall provide all of the following information:

A regulated agent tendering consignments to another regulated agent or air carrier may also decide to only transmit the information required under points (a) to (e) and (g) and to retain the information required under point (f) for the duration of the flight(s) or for 24 hours, whichever is the longer.

6.3.2.7   In the case of consolidations, the requirements of points 6.3.2.5 and 6.3.2.6 shall be considered as met if:

Point (a) shall not be required for consolidations that are always subject to screening or exempted from screening in line with points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005 if the regulated agent gives the consolidation a unique identifier and indicates the security status and a single reason why this security status was issued.

6.3.2.8   When accepting consignments to which not all required security controls have previously been applied, the regulated agent may also elect not to apply the security controls as referred to in point 6.3.2, but to hand the consignments over to another regulated agent to ensure the application of these security controls.

6.3.2.9   A regulated agent shall ensure that all staff implementing security controls are recruited and trained in accordance with the requirements of Chapter 11 and all staff with access to identifiable air cargo or identifiable air mail to which the required security controls have been applied have been recruited and subject to security awareness training in accordance with the requirements of Chapter 11.

Security controls to be applied by a regulated agent shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

6.4   KNOWN CONSIGNORS

6.4.1   Approval of known consignors

6.4.1.1   Known consignors shall be approved by the appropriate authority.

The approval as a known consignor shall be site specific.

6.4.1.2   The following procedure shall apply for the approval of known consignors:

6.4.1.3   A known consignor shall designate at least one person at each site who shall be responsible for the application and supervision of the implementation of security controls at that site. This person shall have successfully completed a background check in accordance with point 11.1.

6.4.1.4   A known consignor shall be re-validated at regular intervals not exceeding 5 years. This shall include an on-site verification in order to assess whether the known consignor still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.

An inspection at the premises of the known consignor by the appropriate authority in accordance with its national quality control programme may be considered as an on-site verification, provided that it covers all areas specified in the checklist of Attachment 6-C.

An examination of the site of the known consignor by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.

6.4.1.5   If the appropriate authority is no longer satisfied that the known consignor complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of known consignor for the specified site(s).

If the entity is no longer a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 or if this AEO certificate is suspended due to non-compliance with Article 14k of that Regulation, the appropriate authority shall undertake appropriate action to satisfy itself that the known consignor complies with the requirements of Regulation (EC) No 300/2008.

The entity shall inform the appropriate authority of any changes related to its AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93.

Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the consignor's change of status is indicated in the ‘Union database on supply chain security’.

6.4.1.6   Without prejudice to the right of each Member State to apply more stringent measures in accordance with Article 6 of Regulation (EC) No 300/2008, a known consignor approved in accordance with point 6.4 of this Annex shall be recognised in all Member States.

Known consignors approved in accordance with point 6.4.1.2(d) of this Annex shall also be subject to the additional provision laid down in point 6.4 of Commission Implementing Decision C(2015) 8005.

6.4.1.7   The appropriate authority shall make available to the customs authority any information related to the status of a known consignor which could be relevant in respect of holding an AEO certificate as referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93. This includes information related new approvals of known consignors, withdrawal of the known consignor status, revalidation and inspections, verification schedules and outcomes of these assessments.

Modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.

6.4.2   Security controls to be applied by a known consignor

6.4.2.1   A known consignor shall ensure that:

When, for whatever reason, these security controls have not been applied to a consignment, or where the consignment has not been originated by the known consignor for its own account, the known consignor shall clearly identify this to the regulated agent so that point 6.3.2.3 can be applied.

6.4.2.2   The known consignor shall accept that consignments to which the appropriate security controls have not been applied are screened in accordance with point 6.2.1.

6.5   ACCOUNT CONSIGNORS

6.5.1   Account consignors shall be designated by a regulated agent.

6.5.2   In order to be designated as an account consignor, the following procedure shall apply:

6.5.3   The regulated agent shall maintain a database with the information referred to in point 6.5.2(c). The database shall be available for inspection by the appropriate authority.

6.5.4   If there is no activity relating to movements of cargo or mail by air on the account of the account consignor within a period of 2 years, the status of account consignor shall expire.

6.5.5   If the appropriate authority or the regulated agent is no longer satisfied that the account consignor complies with the instructions as contained in Attachment 6-D, the regulated agent shall immediately withdraw the status of account consignor.

6.5.6   When, for whatever reason, the security controls specified in the ‘Aviation security instructions for account consignors’ have not been applied to a consignment, or where the consignment has not been originated by the account consignor for its own account, the account consignor shall clearly identify this to the regulated agent so that point 6.3.2.3 can be applied.

6.6   PROTECTION OF CARGO AND MAIL

6.6.1   Protection of cargo and mail during transportation

6.6.1.1   In order to ensure that consignments to which the required security controls have been applied are protected from unauthorised interference during transportation:

As an alternative to point (c), the haulier may provide evidence to the regulated agent, known consignor or account consignor for whom it provides transport that it has been certified or approved by an appropriate authority.

This evidence shall include the requirements contained in Attachment 6-E and copies shall be retained by the regulated agent, known consignor or account consignor concerned. On request, a copy shall also be made available to the regulated agent or air carrier receiving the consignment or to another appropriate authority.

6.6.1.2   Point 6.6.1.1(b) and (c) shall not apply during airside transportation.

6.6.2   Protection of cargo and mail at airports for loading onto an aircraft

6.6.2.1   Consignments of cargo and mail that are in a critical part shall be considered as protected from unauthorised interference.

6.6.2.2   Consignments of cargo and mail in a part other than a critical part of a security restricted area shall be located in the access-controlled parts of a regulated agent's premises or, whenever located outside of such parts, shall be considered as protected from unauthorised interference if:

6.7   HIGH RISK CARGO AND MAIL (HRCM)

Provisions for high risk cargo and mail are laid down in Commission Implementing Decision C(2015) 8005.

6.8   SECURITY PROCEDURES FOR CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES

6.8.1   Designation of air carriers

6.8.1.1   Any air carrier carrying cargo or mail from an airport in a third country not listed in Attachments 6-Fi or 6-Fii for transfer, transit or unloading at any airport falling within the scope of Regulation (EC) No 300/2008 shall be designated as an ‘Air Cargo or Mail Carrier operating into the Union from a Third Country Airport’ (ACC3) by one of the following authorities as appropriate:

6.8.1.2   The designation of an air carrier as ACC3 in respect of its cargo and mail operations from an airport for which ACC3 designation is required (hereafter, the ‘relevant cargo operations’) shall be based on:

6.8.1.3   The appropriate authority shall allocate to the designated ACC3 a unique alphanumeric identifier in the standard format identifying the air carrier and the third country airport for which the air carrier has been designated to carry cargo or mail into the Union.

6.8.1.4   The designation shall be valid from the date the appropriate authority has entered the ACC3's details into the Union database on supply chain security, for a maximum period of five years.

6.8.1.5   An ACC3 listed on the Union database on supply chain security shall be recognised in all Member States for all operations from the third country airport into the Union.

6.8.2   EU aviation security validation for ACC3

6.8.2.1   The EU aviation security validation in respect of an air carrier's relevant cargo operations shall consist of:

6.8.2.2   The EU aviation security validation's verification of the implementation shall be on-site, to one of the following degrees:

6.8.2.3   The appropriate authority may accept the EU aviation security validation report of a third country entity for ACC3 designation in cases where that entity carries out the entire cargo operation, including loading into the hold of the aircraft, on behalf of the ACC3 and the EU aviation security validation report covers all these activities.

6.8.2.4   The appropriate authority may designate an air carrier as ACC3 for a limited period, ending on 30 June 2016 at the latest, in the case where an EU aviation security validation could not take place for objective reasons which are beyond the responsibility of the air carrier. Where such a designation is granted for a period of more than six months, the appropriate authority shall have verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation.

6.8.2.5   The EU aviation security validation shall be recorded in a validation report consisting at least of the declaration of commitments as set out in Attachment 6-H1, the checklist set out in Attachment 6-C3 and a declaration by the EU aviation security validator as set out in Attachment 11-A. The EU aviation security validator shall submit the validation report to the appropriate authority and provide the validated air carrier with a copy.

6.8.3   Security controls for cargo and mail arriving from a third country

6.8.3.1   The ACC3 shall ensure that all cargo and mail carried for transfer, transit or unloading at a Union airport is screened, unless:

6.8.3.2   Cargo and mail carried into the Union shall be screened by one of the means and methods listed in point 6.2.1 to a standard sufficient to reasonably ensure that it contains no prohibited articles.

6.8.3.3   The ACC3 shall ensure in respect of:

6.8.3.4   The unique alphanumeric identifier of the ACC3 and the security status of the consignment as referred to in point 6.3.2.6(d) and issued by an EU aviation security validated regulated agent shall be indicated in the accompanying documentation, either in the form of an air waybill, equivalent postal documentation or in a separate declaration and either in an electronic format or in writing.

6.8.3.5   In the absence of a regulated agent referred to in point 6.8.4, the ACC3 or an air carrier arriving from a third country listed in Attachments 6-Fi or 6-Fii may issue the security status declaration.

6.8.4   Validation of regulated agents and known consignors

6.8.4.1   In order to become EU aviation security validated regulated agent or known consignor, third country entities shall be validated according to one of the following two options and be listed in the database of the ACC3(s) to which they directly deliver cargo or mail for carriage into the Union:

6.8.4.2   If the EU aviation security validation according to point 6.8.4.1(b) concludes that the entity

6.8.4.3   The ACC3 shall maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.4.1, from which it directly accepts cargo or mail for carriage into the Union:

The database shall be available for inspection of the ACC3.

Other EU aviation security validated entities may maintain such a database.

6.8.4.4   An air cargo or mail entity operating a network of different sites in third countries may obtain a single designation as EU aviation security validated regulated agent covering all sites of the network, provided that:

In order to maintain EU aviation security validated regulated agent designation for all sites of the network not yet validated until 30 June 2018 at the latest, during every year after the year of designation, at least a further two or 20 %, whichever is the higher, of the sites from which cargo or mail is fed to the site(s) mentioned in point 6.8.4.4(c)(i) shall be subjected to an EU aviation security validation, until all sites are validated.

An EU aviation security validator shall establish the roadmap listing the order of the locations to be validated each year selected on a random basis. The roadmap shall be established independently from the entity operating the network and may not be changed by that entity. This roadmap shall constitute an integral part of the validation report on the basis of which the network is designated as a third country EU validated regulated agent.

Once it has been subjected to an EU aviation security validation, a site of the network shall be considered as an EU aviation security validated regulated agent in accordance with point 6.8.4.2(a).

6.8.4.5   If the EU aviation security validation of a site of the network referred to in point 6.8.4.4(c)(ii) concludes that the site has failed to comply with the objectives referred to in the checklist in Attachment 6-C2, cargo and mail from that site shall be screened at a site validated in accordance with 6.8.4.2(a) until an EU aviation security validation confirms compliance with the objectives of the checklist.

6.8.4.6   Points 6.8.4.4 to 6.8.4.6 shall expire on 30 June 2018.

6.8.5   Non-compliance and discontinuation of ACC3 designation

6.8.5.1   Non-Compliance

6.8.5.2   Discontinuation

The appropriate authority that designated the ACC3 is responsible for removing the ACC3 from the ‘Union database on supply chain security’:

ATTACHMENT 6-A

DECLARATION OF COMMITMENTS — REGULATED AGENT

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council (5) on common rules in the field of civil aviation security and its implementing acts,

I declare that,

I shall accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-B

GUIDANCE FOR KNOWN CONSIGNORS

This guidance will help you to assess your existing security arrangements against the required criteria for known consignors as described in Regulation (EC) No 300/2008 of the European Parliament and of the Council (6) and its implementing acts. This should enable you to ensure that you meet the requirements before arranging an official on-site validation visit.

It is important that the validator is able to talk to the right people during the validation visit (e.g. person responsible for security and person responsible for recruitment of staff). An EU checklist will be used to record the validator's assessments. Once the validation checklist is completed, the information contained in the checklist will be handled as classified information.

Please note that questions on the EU checklist are of two types: (1) those where a negative response will automatically mean that you cannot be accepted as a known consignor and (2) those which will be used to build up a general picture of your security provisions to allow the validator to reach an overall conclusion. The areas where a ‘fail’ will automatically be recorded are indicated by the requirements indicated in bold type below. If there is a ‘fail’ on the requirements indicated in bold type, the reasons will be given to you and advice on adjustments needed to pass.

If you are a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EEC) No 2454/93 (7) (so called AEOF and AEOS certificates) and if the site for which you are requesting the known consignor status has been successfully examined by customs authorities at a date not earlier than 3 years before the date of requesting the known consignor status, you are required to fill out and have signed by a legal representative of your company Part 1 concerning the organisation and responsibilities as well as the declaration of commitments of the ‘Validation checklist for known consignors’ as contained in attachment 6-C.

Introduction

The cargo must be originated by your company on the site to be inspected. This covers manufacture on the site and pick and pack operations where the items are not identifiable as air cargo until they are selected to meet an order. (See also Note.)

You will have to determine where a consignment of cargo/mail becomes identifiable as air cargo/air mail and demonstrate that you have the relevant measures in place to protect it from unauthorised interference or tampering. This will include details concerning the production, packing, storage and/or despatch.

Organisation and responsibilities

You will be required to provide details about your organisation (name, VAT or Chamber of Commerce number or Corporate registration number if applicable, AEO certificate number and the date of the last examination of this site by customs authorities, if applicable), address of the site to be validated and main address of organisation (if different from the site to be validated). The date of the previous validation visit and last unique alphanumeric identifier (if applicable) are required, as well as of the nature of the business, the approximate number of employees on site, name and title of the person responsible for air cargo/air mail security and contact details.

Staff recruitment procedure

You will be required to provide details of your recruitment procedures for all staff (permanent, temporary or agency staff, drivers) with access to identifiable air cargo/air mail. The recruitment procedure shall include a pre-employment check or a background check in accordance with point 11.1 of the Annex to Implementing Regulation (EU) 2015/1998. The on-site validation visit will involve an interview with the person responsible for the recruitment of staff. He/she will need to present evidence (e.g. blank forms) to substantiate the company procedures. This recruitment procedure shall apply to staff recruited after 29 April 2010.

Staff security training procedure

You will need to demonstrate that all staff (permanent, temporary or agency staff, drivers) with access to air cargo/air mail have received the appropriate training on security awareness matters. This training shall take place in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998. Individual training records should be kept on file. In addition, you will be required to show that all relevant staff implementing security controls have received training or recurrent training in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998.

Physical security

You will be required to demonstrate how your site is protected (e.g. a physical fence or barrier) and that relevant access control procedures are in place. Where applicable, you will be required to provide details of any possible alarm- and/or CCTV system. It is essential that access to the area where air cargo/air mail is processed or stored, is controlled. All doors, windows and other points of access to air cargo/air mail need to be secured or subject to access control.

Production (where applicable)

You will need to demonstrate that access to the production area is controlled and the production process supervised. If the product can be identified as air cargo/air mail in the course of production then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.

Packing (where applicable)

You will need to demonstrate that access to the packing area is controlled and the packing process supervised. If the product can be identified as air cargo/air mail in the course of packing then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.

You will be required to provide details of your packing process and show that all finished goods are checked prior to packing.

You will need to describe the finished outer packing and demonstrate that it is robust. You also have to demonstrate how the finished outer packing is made tamper evident, for example by the use of numbered seals, security tape, special stamps or cardboard boxes fixed by a tape. You also need to show that you hold those under secure conditions when not in use and control their issue.

Storage (where applicable)

You will need to demonstrate that access to the storage area is controlled. If the product can be identified as air cargo/air mail while being stored then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.

Finally, you will have to demonstrate that finished and packed air cargo/air mail is checked before despatch.

Despatch (where applicable)

You will need to demonstrate that access to the despatch area is controlled. If the product can be identified as air cargo/air mail in the course of despatch then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.

Transportation

You will have to provide details concerning the method of transportation of cargo/mail to the regulated agent.

If you use your own transport, you will have to demonstrate that your drivers have been trained to the required level. If a contractor is used by your company, you will have to ensure that a) the air cargo/air mail is sealed or packed by you so as to ensure that any tampering would be evident and b) the haulier declaration as contained in Attachment 6-E of the Annex to Implementing Regulation (EU) 2015/1998 has been signed by the haulier.

If you are responsible for the transportation of air cargo/air mail, you will have to show that the means of transport are securable, either through the use of seals, if practicable, or any other method. Where numbered seals are used, you will have to demonstrate that access to the seals is controlled and numbers are recorded; if other methods are used you will have to show how cargo/mail is made tamper evident and/or kept secure. In addition you will need to show that there are measures in place to verify the identity of the drivers of vehicles collecting your air cargo/air mail. You will also need to show that you ensure that cargo/mail is secure when it leaves the premises. You will have to demonstrate that air cargo/air mail is protected from unauthorised interference during transportation.

You will not have to provide evidence about driver training or a copy of the haulier declaration where a regulated agent has made the transport arrangements for collecting air cargo/air mail from your premises.

Consignor's responsibilities

You will need to declare that you will accept unannounced inspections by the appropriate authority's inspectors for the purpose of monitoring these standards.

You will also need to declare to provide [name of appropriate authority] with the relevant details promptly but at least within 10 working days if:

Finally, you will need to declare to maintain standards of security until the subsequent on-site validation visit and/or inspection.

You will then be required to accept full responsibility for the declaration and to sign the validation document.

NOTES:

Explosive and incendiary devices

Assembled explosive and incendiary devices may be carried in consignments of cargo if the requirements of all safety rules are met in full.

Consignments from other sources

A known consignor may pass consignments which it has not itself originated to a regulated agent, provided that:

All such consignments must be screened before they are loaded on to an aircraft.

ATTACHMENT 6-C

VALIDATION CHECKLIST FOR KNOWN CONSIGNORS

Completion notes:

When completing this form please note that:

PART 1

Organisation and responsibilities

PART 2

Identifiable air cargo/air mail

Aim: To establish the point (or: place) where cargo/mail becomes identifiable as air cargo/air mail.

NB: Detailed information should be given on the protection of identifiable air cargo/air mail from unauthorised interference or tampering in Parts 5 to 8.

PART 3

Staff recruitment and training

Aim: To ensure that all staff (permanent, temporary, agency staff, drivers) with access to identifiable air cargo/air mail have been subject to an appropriate pre-employment check and/or background check as well as trained in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998. In addition, to ensure that all staff implementing security controls in respect of supplies are trained in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998.

Whether or not 3.1 and 3.2 are questions in bold type (and thus where a NO answer must be assessed as a fail) depends on the applicable national rules of the State where the site is located. However, at least one of these two questions shall be in bold type, whereby it should also be allowed that where a background has been carried out, then a pre-employment check is no longer required. The person responsible for implementing security controls shall always have a background check.

PART 4

Physical security

Aim: To establish if there is a level of (physical) security on the site or at the premises sufficient to protect identifiable air cargo/air mail from unauthorised interference.

PART 5

Production

Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.

Answer these questions where the product could be identified as air cargo/air mail in the course of the production process.

PART 6

Packing

Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.

Answer these questions where the product could be identified as air cargo/air mail in the course of the packing process.

PART 7

Storage

Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.

Answer these questions where the product could be identified as air cargo/air mail in the course of the storage process.

PART 8

Despatch

Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.

Answer these questions where the product could be identified as air cargo/air mail in the course of the despatch process.

PART 8A

Consignments from other sources

Aim: to establish the procedures for dealing with unsecured consignments.

Answer these questions only if consignments for carriage by air are being accepted from other companies.

PART 9

Transportation

Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.

DECLARATION OF COMMITMENTS

I declare that:

Assessment (and notification)

ATTACHMENT 6-C2

VALIDATION CHECKLIST FOR THIRD COUNTRY EU AVIATION SECURITY VALIDATED REGULATED AGENTS

Third country entities have the option to become part of an ACC3's (Air cargo or mail carrier operating into the Union from a third country airport) secure supply chain by seeking designation as a third country EU aviation security validated Regulated Agent (RA3). An RA3 is a cargo handling entity located in a third country that is validated and approved as such on the basis of an EU aviation security validation.

An RA3 shall ensure that security controls including screening where applicable have been applied to consignments bound for the European Union and the consignments have been protected from unauthorised interference from the time that those security controls were applied and until the consignments are loaded onto an aircraft or are otherwise handed over to an ACC3 or other RA3.

The prerequisites for carrying air cargo or air mail into the Union (8) or Iceland, Norway and Switzerland are provided for in Implementing Regulation (EU) 2015/1998.

The checklist is the instrument to be used by the EU aviation security validator for assessing the level of security applied to EU/EEA bound air cargo or air mail (9) by or under the responsibility of the entity seeking designation as an RA3. The checklist is to be used only in the cases specified in point 6.8.4.1(b) of the Annex to Implementing Regulation (EU) 2015/1998. In the cases specified in point 6.8.4.1(a) of that Annex, the EU aviation security validator shall use the ACC3 checklist.

If the EU aviation security validator concludes that the entity has succeeded in complying with the objectives referred to in this checklist, a validation report shall be given to the validated entity. The validation report shall state that the entity is designated Third Country EU aviation security validated Regulated Agent (RA3). The RA3 shall be able to use the report in its business relations with any ACC3. Integral parts of the validation report shall include at least all of the following:

Page numbering, the date of the EU aviation security validation and initialling on each page by the validator and the validated entity shall be the proof of the validation report's integrity. By default, the validation report shall be in English.

Part 5 — Screening and Part 6 — High risk cargo or mail (HRCM) shall be assessed against the requirements of Chapters 6.7 and 6.8 of the Annex to Implementing Regulation (EU) 2015/1998. For those parts that cannot be assessed against the requirements of Implementing Regulation (EU) 2015/1998, baseline standards are the Standards and Recommended Practices (SARPs) of Annex 17 to the Convention on International Civil Aviation and the guidance material contained in the ICAO Aviation Security Manual (Doc 8973-Restricted).

If the EU aviation security validator concludes that the entity has failed to comply with the objectives referred to in this checklist, the entity shall receive a copy of the completed checklist stating the deficiencies.

Completion notes:

PART 1

Identification of the entity validated and the validator

PART 2

Organisation and responsibilities of the third country EU aviation security validated regulated agent

Objective: No air cargo or air mail shall be carried to the EU/EEA without being subject to security controls. Cargo and mail delivered by an RA3 to an ACC3 or another RA3 may only be accepted as secure cargo or mail if such security controls are applied by the RA3. Details of such controls are provided in the following Parts of this checklist.

The RA3 shall have procedures in place to ensure that appropriate security controls are applied to all EU/EEA bound air cargo and air mail and that secure cargo or mail is protected until being transferred to an ACC3 or another RA3. Security controls shall consist of one of the following:

Reference: Point 6.8.3.

PART 3

Staff recruitment and training

Objective: To ensure the required security controls are applied, the RA3 shall assign responsible and competent staff to work in the field of securing air cargo or air mail. Staff with access to secured air cargo must possess all the competencies required to perform their duties and shall be appropriately trained.

To fulfil that objective, the RA3 shall have procedures in place to ensure that all staff (permanent, temporary, agency staff, drivers, etc.) with direct and unescorted access to air cargo/air mail to which security controls are being or have been applied:

Note:

Reference: Point 6.8.3.1.

PART 4

Acceptance procedures

Objective: The RA3 may receive cargo or mail from another RA3, a KC3, an AC3 or from an unknown consignor. The RA3 shall have appropriate acceptance procedures for cargo and mail in place in order to establish whether a consignment comes from a secure supply chain or not and subsequently which security measures need to be applied to it.

An RA3 may maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.4.1, from which it directly accepts cargo or mail to be delivered to an ACC3 for carriage into the Union:

Reference: Points 6.8.3.1 and 6.8.4.3.

Note: An RA3 may only accept cargo from an AC3 as secure cargo, if this RA3 has designated this consignor itself as AC3 and accounts for the cargo delivered by this consignor.

PART 5

Screening

Objective: Where the RA3 accepts cargo and mail which does not come from a secure supply chain, the RA3 needs to subject these consignments to appropriate screening before it may be delivered to an ACC3 as secure cargo. The RA3 shall have procedures in place to ensure that EU/EEA bound air cargo and air mail for transfer, transit or unloading at an Union airport is screened by the means or methods referred to in Union legislation to a standard sufficient to reasonably ensure that it contains no prohibited articles.

Where screening of air cargo or air mail is performed by or on behalf of the appropriate authority in the third country, the RA3 shall declare this fact and specify the way adequate screening is ensured.

Reference: Point 6.8.3.

PART 6

High Risk Cargo or Mail (HRCM)

Objective: Consignments which originate from or transfer in locations identified as high risk by the Union or which appear to have been significantly tampered with are to be considered as high risk cargo and mail (HRCM). Such consignments have to be screened in line with specific instructions. The RA3 shall have procedures in place to ensure that EU/EEA bound HRCM is identified and subject to appropriate controls as defined in the Union legislation.

The ACC3 to which the RA3 delivers air cargo or mail for transportation shall be authorised to inform the RA3 about the latest state of relevant information on high risk origins.

The RA3 shall apply the same measures, irrespective of whether it receives high risk cargo and mail from an air carrier or through other modes of transportation.

Reference: Point 6.7.

Note: HRCM cleared for carriage into the EU/EEA shall be issued the security status ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements.

PART 7

Protection of secured air cargo and mail

Objective: The RA3 shall have procedures in place to ensure EU/EEA bound air cargo and/or air mail is protected from unauthorised interference and/or any tampering from the point where security screening or other security controls are applied or from the point of acceptance after screening or security controls have been applied, until loading or transferring to an ACC3 or another RA3. If previously secured air cargo and mail is not protected afterwards, it may not be loaded or transferred to an ACC3 or another RA3 as secure cargo or mail.

Protection can be provided by different means such as physical (barriers, locked rooms, etc.), human (patrols, trained staff, etc.) and technological (CCTV, intrusion alarm, etc.).

EU/EEA bound secured air cargo or mail should be separated from air cargo or mail which is not secured.

Reference: Point 6.8.3.1.

PART 8

Documentation

Objective: The security status of a consignment shall be indicated in the documentation accompanying the consignment, either in the form of an air waybill, equivalent postal documentation or in a separate declaration and either in an electronic format or in writing. The security status shall be issued by the RA3.

Reference: Points 6.3.2.6(d) and 6.8.3.4.

Note: the following security statuses may be indicated:

PART 9

Transportation

Objective: Air cargo and air mail must be protected from unauthorised interference or tampering from the time it has been secured until its loading or is transferred to an ACC3 or another RA3. This includes protection during transportation to the aircraft, otherwise to the ACC3 or to another RA3. If previously secured air cargo and mail is not protected during transportation, it may not be loaded or transferred to an ACC3 or another RA3 as secure cargo.

During transportation to an aircraft, an ACC3 or another RA3, the RA3 is responsible for the protection of the secure consignments. This includes cases where the transportation is undertaken by another entity, such as a freight forwarder, on its behalf. This does not include cases whereby the consignments are transported under the responsibility of an ACC3 or another RA3.

Reference: Point 6.8.3.

PART 10

Compliance

Objective: After assessing Parts 1 to 9 of this checklist, the EU aviation security validator has to conclude if its on-site verification confirms the implementation of the security controls in compliance with the objectives listed in this checklist for the EU/EEA bound air cargo/air mail.

Two different scenarios are possible. The EU aviation security validator concludes that the entity:

In general, the EU aviation security validator has to decide if cargo and mail handled by the validated entity is treated in such a way that at the moment it is delivered to an ACC3 or another RA3 it may be deemed to be secure to be flown to the EU/EEA in accordance with the applicable Union legislation.

The EU aviation security validator has to keep in mind that the assessment is based on an overall objective-based compliance methodology.

Name of the validator:

Date:

Signature:

• (1) 

  Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, p. 7).

• (2) 

  Commission Implementing Decision C(2015) 8005 final laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008, and repealing Decision (2010) 774 of 13 April 2010.

• (3) 

  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

• (4) 

  Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1).

• (5) 

  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 (OJ L 97, 9.4.2008, p. 72).

• (6) 

  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 (OJ L 97, 9.4.2008, p. 72).

• (7) 

  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

• (8) 

  European Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom

• (9) 

  EU/EEA bound air cargo/air mail/aircraft in this validation checklist is equivalent to EU and Iceland, Norway and Switzerland bound air cargo/air mail/aircraft.

ANNEX

List of persons and entities visited and interviewed

Providing the name of the entity, the name of the contact person and the date of the visit or interview.

ATTACHMENT 6-C3

VALIDATION CHECKLIST FOR ACC3

ACC3 (Air cargo or mail carrier operating into the Union from a third country airport) designation is the prerequisite for carrying air cargo or air mail into the European Union (1) (EU) or Iceland, Norway and Switzerland and is required by Implementing Regulation (EU) 2015/1998.

ACC3 designation is in principle required for all flights carrying cargo or mail for transfer, transit or unloading at EU/EEA airports (2). The appropriate authorities of the Member States of the European Union, Iceland, Norway and Switzerland are each responsible for the designation of specific air carriers as ACC3. The designation is based on the security programme of an air carrier and on an on-site verification of the implementation in compliance with the objectives referred to in this validation checklist.

The checklist is the instrument to be used by the EU aviation security validator for assessing the level of security applied to EU/EEA bound air cargo or air mail by or under the responsibility of the ACC3 or an air carrier applying for ACC3 designation.

A validation report shall be delivered to the designating appropriate authority and to the validated entity within a maximum of one month after the on-site verification. Integral parts of the validation report shall be at least:

Page numbering, the date of the EU aviation security validation and initialling on each page by the validator and the validated entity shall be the proof of the validation report's integrity. By default the validation report shall be in English.

Part 3 — Security programme of the air carrier, Part 6 — Database, Part 7 — Screening and Part 8 — High risk cargo or mail (HRCM) shall be assessed against the requirements of Chapters 6.7 and 6.8 of the Annex to Implementing Regulation (EU) 2015/1998. For the other parts, baseline standards are the Standards and Recommended Practices (SARPs) of Annex 17 to the Convention on International Civil Aviation and the guidance material contained in the ICAO Aviation Security Manual (Doc 8973-Restricted).

Completion notes:

PART 1

Identification of the entity validated and the validator

PART 2

Organisation and responsibilities of the ACC3 at the airport

Objective: No air cargo or mail shall be carried to the EU/EEA without being subject to security controls. Details of such controls are provided by the following Parts of this checklist. The ACC3 shall not accept cargo or mail for carriage on an EU-bound aircraft unless the application of screening or other security controls is confirmed and accounted for by an EU aviation security validated regulated agent, an EU aviation security validated known consignor or an account consignor of a EU aviation security validated regulated agent, or such consignments are subject to screening in accordance with Union legislation.

The ACC3 shall have a process to ensure that appropriate security controls are applied to all EU/EEA bound air cargo and air mail unless it is exempted from screening in accordance with Union legislation and that cargo or mail is protected thereafter until loading onto aircraft. Security controls shall consist of:

Reference: Point 6.8.3

PART 3

Security programme of the air carrier

Objective: The ACC3 shall ensure that its security programme includes all the aviation security measures relevant and sufficient for air cargo and mail to be transported into the EU.

The security programme and associated documentation of the air carrier shall be the basis of security controls applied in compliance with the objective of this checklist. The air carrier may wish to consider passing its documentation to the EU aviation security validator in advance of the site visit to help acquaint him with the details of the locations to be visited.

Reference: Point 6.8.2.1 and Attachment 6-G

Note: The following points listed in Attachment 6-G to Implementing Regulation (EU) 2015/1998 shall be appropriately covered:

PART 4

Staff recruitment and training

Objective: The ACC3 shall assign responsible and competent staff to work in the field of securing air cargo or air mail. Staff with access to secured air cargo possess all the competencies required to perform their duties and are appropriately trained.

To fulfil that objective, the ACC3 shall have a procedure to ensure that all staff (permanent, temporary, agency staff, drivers, etc.) with direct and unescorted access to air cargo/air mail to which security controls are being or have been applied:

Reference: Point 6.8.3.1

Note:

PART 5

Acceptance procedures

Objective: The ACC3 shall have a procedure in place in order to assess and verify upon acceptance the security status of a consignment in respect of previous controls.

The procedure shall include the following elements:

Reference: Point 6.8.3.1

Note:

PART 6

Database

Objective: Where the ACC3 is not obliged to apply 100 % screening to EU/EEA bound air cargo or air mail, the ACC3 shall ensure the cargo or mail comes from an EU aviation security validated regulated agent or known consignor or an account consignor of a regulated agent.

For monitoring the security relevant audit trail the ACC3 shall maintain a database giving the following information for each entity or person from which it directly accepts cargo or mail:

When receiving air cargo or mail the ACC3 has to check in the database whether the entity is listed. If the entity is not included in the database, the air cargo or air mail delivered by it will have to be screened before loading.

Reference: Points 6.8.4.1 and 6.8.4.3

PART 7

Screening

Objective: Where the ACC3 accepts cargo and mail from an entity which is not an EU aviation security validated or the cargo received has not been protected from unauthorised interference from the time security controls were applied, the ACC3 shall ensure this air cargo or air mail is screened before being loaded onto an aircraft. The ACC3 shall have a process to ensure that EU/EEA bound air cargo and air mail for transfer, transit or unloading at an Union airport are screened by the means or methods referred to in Union legislation to a standard sufficient to reasonably ensure that it contains no prohibited articles.

Where the ACC3 does not screen air cargo or air mail itself, it shall ensure that the appropriate screening is carried out according to Union requirements. Screening procedures shall include where appropriate the treatment of transfer-/transit-cargo and -mail.

Where screening of air cargo or mail is performed by or on behalf of the appropriate authority in the third country, the ACC3 receiving such air cargo or air mail from the entity shall declare this fact in its security programme, and specify the way adequate screening is ensured.

Reference: Points 6.8.3.1, 6.8.3.2, 6.8.3.3

PART 8

High risk cargo or mail (HRCM)

Objective: Consignments which originate from or transfer in locations identified as high risk by the EU or which appear to have been significantly tampered with are to be considered as high risk cargo and mail (HRCM). Such consignments have to be screened in line with specific instructions. High risk origins and screening instructions are provided by the appropriate EU/EEA authority having designated the ACC3. The ACC3 shall have a procedure to ensure that EU/EEA bound HRCM is identified and subject to appropriate controls as defined in the Union legislation.

The ACC3 shall remain in contact with the appropriate authority responsible for the EU/EEA airports to which it carries cargo in order to have available the latest state of information on high risk origins.

The ACC3 shall apply the same measures, irrespective of whether it receives high risk cargo and mail from another air carrier or through other modes of transportation.

Reference: Points 6.7 and 6.8.3.4

Note: HRCM cleared for carriage into the EU/EEA shall be issued the security status ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements.