# Commission Implementing Regulation (EU) No 1116/2013Show full title

Commission Implementing Regulation (EU) No 1116/2013 of 6 November 2013 amending Regulation (EU) No 185/2010 as regards clarification,            harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 1116/2013                     

# of 6 November 2013

# amending Regulation (EU) No 185/2010 as regards clarification, harmonisation and simplification of certain specific aviation                        security measures                     

# (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:

(1)Experience with the implementation of 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(2) has shown the need for small amendments to the implementing modalities of certain common basic standards.

(2)Certain specific aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity,                              standardise the common interpretation of the legislation and further ensure the best implementation of the common basic standards                              on aviation security.

(3)The amendments concern the implementation of a limited number of measures in relation to access control, aircraft security,                              screening of cabin baggage and hold baggage, security controls for cargo, mail, in-flight and airport supplies, training of                              persons and security equipment.

(4)Regulation (EU) No 185/2010 should therefore be amended accordingly.

(5)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.

# Article 2U.K.

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

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

Done at Brussels, 6 November 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

The Annex to Regulation (EU) No 185/2010 is amended as follows:

Chapter 1 is amended as follows:

the following point 1.0.4 is added:

### ‘1.0.4.“Items carried by persons other than passengers” are belongings intended for the personal use of the person that carries them.’;

the following sentence is added at the end of point 1.2.1.1:

‘Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.’;                                    

the following sentence is added at the end of point 1.2.2.1:

‘Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.’;                                    

the following sentence is added at the end of point 1.2.7.2:

‘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.’;                                    

the following point 1.2.7.5 is added:

### ‘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).’;

point 1.3.1.5 is replaced by the following:

### ‘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.’;

Chapter 3 is amended as follows:

point 3.1.1.3 is replaced by the following:

### ‘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.’;

point 3.1.3 is amended as follows:

the second and fourth indent are deleted;

the third indent is replaced by the following:
                            -  ‘origin of the previous flight.’;                                                    

point 3.2.1.1(b) is replaced by the following:

having its external doors closed. Where the aircraft is in a critical part, external doors that are not accessible by a person                                                   from the ground shall be considered closed if access aids have been removed and placed sufficiently far from the aircraft                                                   as to reasonably prevent access by a person; or’;                                             

the second sentence of point 3.2.2.1 is replaced by the following:

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

point 3.2.2.2 is replaced by the following:

### ‘3.2.2.2Where 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.’;

Attachment 3-B is replaced by the following:

### **‘ATTACHMENT 3-B**AIRCRAFT SECURITY*THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO THE UNION ACCORDING TO THE TREATY                                       ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO WHICH THE TRANSPORT TITLE 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 overseas countries and territories with special relations                                 to the union according to the treaty on the functioning of the European union and to which the transport title of that treaty                                 does not apply, have been recognised as applying security standards equivalent to the common basic standards:                           

#### **United States of America**

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 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 is re-established.’;                           

in Chapter 4, point 4.1.2.11 is replaced by the following:

### ‘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.’;                           

Attachment 4-B is replaced by the following:

### **‘ATTACHMENT 4-B**PASSENGERS AND CABIN BAGGAGE*THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO THE UNION ACCORDING TO THE TREATY                                       ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO WHICH THE TRANSPORT TITLE 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 overseas countries and territories with                                 special relations to the union according to the treaty on the functioning of the European union and to which the transport                                 title of that treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards.                           

#### **United States of America**

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 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 is re-established.’;                           

in Chapter 5, the following point 5.1.7 is added:

### ‘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.’;                           

Attachment 5-A is replaced by the following:

### **‘ATTACHMENT 5-A**HOLD BAGGAGE*THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO THE UNION ACCORDING TO THE TREATY                                       ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO WHICH THE TRANSPORT TITLE 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 overseas countries and territories with special relations                                 to the union according to the treaty on the functioning of the European union and to which the transport title of that treaty                                 does not apply, have been recognised as applying security standards equivalent to the common basic standards.                           

#### **United States of America**

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 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 is re-established.’;                           

Chapter 6 is amended as follows:

in points 6.3.1.2 (c), 6.3.1.2 (d), 6.3.1.5, 6.4.1.2 (c), 6.4.1.2 (e), 6.4.1.5, 6.8.1.4, 6.8.1.5, 6.8.4.1, 6.8.5.1.2, 6.8.5.1.3,                                       6.8.5.2, attachment 6-A, attachment 6-H1, 11.6.4.1 and 11.6.4.3, the reference to ‘EC database of regulated agents and known                                       consignors’ or ‘Union database of regulated agents and known consignors’ is replaced by a reference to ‘Union database on                                       supply chain security’;                                    

the following point 6.2.1.4 is added:

### ‘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.’;

point 6.3.2.4 is replaced by the following:

### ‘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 Decision                                             2010/774/EU have been applied, the regulated agent shall ensure that:

Unescorted access to these consignments is limited to authorised persons; and                                             

These consignments are protected from unauthorised interference until they are handed over to another regulated agent or air                                                   carrier. Consignments of cargo and mail that are in a critical part of a security restricted area shall be considered as protected                                                   from unauthorised interference. Consignments of cargo and mail that are in parts other than a critical part of a security                                                   restricted area shall be located in the access-controlled parts of the regulated agent’s premises or, whenever located outside                                                   of such parts, shall                                             
                            -  be physically protected so as to prevent the introduction of a prohibited article, or                                                    
                            -  not be left unattended and access is limited to persons involved in the protection and handling of cargo.’;                                                    

the following sentence is added at the end of point 6.3.2.6:

‘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.’;                                    

the following point 6.3.2.9 is added:

### ‘6.3.2.9A 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.’;

point 6.4.2.1(b) is replaced by the following:

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; and’;                                             

the title of point 6.6.2 is replaced by the following:

### ‘6.6.2.**Protection for cargo and mail at airports for loading onto an aircraft’;**

point 6.6.2.2 is replaced by the following:

### ‘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:

they are physically protected so as to prevent the introduction of a prohibited article; or                                             

they are not left unattended and access is limited to persons involved in the protection and loading of cargo and mail onto                                                   an aircraft.’;                                             

the following sentence is added at the end of point 6.8.2.2:

‘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.’;                                    

point 6.8.3.2 is replaced by the following:

### ‘6.8.3.2.Until 30 June 2014, the screening requirements shall, as a minimum, meet ICAO standards. Thereafter, cargo and mail carried                                             into the Union shall be screened by one of the means or methods listed in point 6.2.1 of Decision 2010/774/EU to a standard                                             sufficient to reasonably ensure that it contains no prohibited articles.’;

Attachment 6-B is replaced by the following:

### **‘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 on common rules in the field of                                 civil aviation security 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.                           

#### *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), **address of 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 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 Regulation (EU) No 185/2010. 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 Regulation (EU) No 185/2010. 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 Regulation (EU) No 185/2010**.                           

#### *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 secure 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 Regulation (EU) No 185/2010 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:**                           

**the overall responsibility for security is assigned to anyone other than the person named;**                                    

**there are any other changes to premises or procedures likely to significantly impact on security;**                                    

**your company ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements of the relevant                                             EU legislation.**                                    

**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:                           

they are separated from consignments which it has originated; and                                    

the origin is clearly indicated on the consignment or on accompanying documentation.                                    

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

Attachment 6-C is replaced by the following:

### **‘ATTACHMENT 6-C**VALIDATION CHECKLIST FOR KNOWN CONSIGNORS

#### **Completion notes:**

When completing this form please note that:                           
                -  Items marked* are required data and MUST be completed.                                  
                -  If the answer to any question in **bold type** is **NO**, the validation **MUST** be assessed as a **FAIL.** This does not apply where the questions do not apply.                                  
                -  The overall assessment can only be assessed as a **PASS** after the consignor has signed the declaration of commitments on the last page.                                  
                -  The original declaration of commitments must be retained by or made available to the appropriate authority until the validation                                       expires. A copy of the declaration should also be given to the consignor.                                  

#### PART 1U.K.**Organisation and responsibilities**

#### PART 2U.K.**Identifiable air cargo/air mail (“Targetability”)**

**Aim: To establish the point (or: place) where cargo/mail becomes identifiable as air cargo/air mail. Targetability is defined                                    as being able to assess when/where the cargo/mail is identifiable as air cargo/air mail.**                           

##### 2.1.By inspection of the production, packing, storage, selection, despatch and any other relevant areas, ascertain where and how                                    a consignment of air cargo/air mail becomes identifiable as such.

Describe:                           

**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 3U.K.**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 Regulation (EU) No 185/2010. 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 Regulation (EU) No 185/2010.**                           

*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 4U.K.**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 5U.K.**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 6U.K.**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 7U.K.**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 8U.K.**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 8AU.K.**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 9U.K.**Transportation**

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

##### **Declaration of commitments**

**I declare that:**                           
                -  **I will accept unannounced inspections by the appropriate authority’s inspectors for the purpose of monitoring these standards.                                          If the inspector discovers any serious lapses in security, this could lead to the withdrawal of my status as known consignor.**                                  
                -  **I will provide [name of appropriate authority] with the relevant details promptly but at least within 10 working days if:**                                                     -  **the overall responsibility for security is assigned to anyone other than the person named at point 1.9,**                                        
                  -  **there are any other changes to premises or procedures likely to significantly impact on security, and**                                        
                  -  **the company ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements of the relevant                                                EU legislation.** 
                -  **I will maintain standards of security until the subsequent on-site validation visit and/or inspection.**                                  
                -  **I shall accept full responsibility for this declaration.**                                  

Attachment 6-C3 is amended as follows:

the words ‘Reference: Point 6.8.3.1’ in the fifth paragraph of Part 4 are deleted;

the seventh paragraph in Part 5 is replaced by the following:

‘Reference: Point 6.8.3’;                                    

the fifth paragraph in Part 7 is replaced with the following:

‘Reference: Points 6.8.3.1, 6.8.3.2, 6.8.3.3 as well as 6.2.1 and 6.7’;                                    

the first paragraph in Part 11 is replaced with the following:

‘Objective: After assessing the 10 previous parts of this checklist, the EU aviation security validator has to conclude if                                          its on-site verification corresponds with the content of the part of the air carrier security programme describing the measures                                          for the EU/EEA bound air cargo/air mail and if the security controls sufficiently implement the objectives listed in this                                          checklist.’;                                    

point 6-Fiii of Attachment 6-F is replaced by the following:

### ‘6-Fiii*VALIDATION ACTIVITIES OF THIRD COUNTRIES AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO THE UNION                                       ACCORDING TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO WHICH THE TRANSPORT TITLE OF THAT TREATY DOES NOT                                       APPLY, RECOGNISED AS EQUIVALENT TO EU AVIATION SECURITY VALIDATION*’;

in Attachment 8-B, in the first indent, point (b) is replaced by the following:

ensure that persons with access to in-flight supplies receive general security awareness training in accordance with point                                          11.2.7 of the Annex to Regulation (EU) No 185/2010 before being given access to these supplies. In addition, ensure that persons                                          implementing screening of in-flight supplies receive training according to 11.2.3.3 of the Annex to Regulation (EU) No 185/2010                                          and persons implementing other security controls in respect of in-flight supplies receive training according to 11.2.3.10                                          of the Annex to Regulation (EU) No 185/2010; and’;                                    

Chapter 9 is amended as follows:

point 9.0.2(a) is replaced by the following:

“airport supplies” mean all items intended to be sold, used or made available for any purpose or activity in the security                                                   restricted area of airports, other than “items carried by persons other than passengers”;’;                                             

point 9.1.1.1(b) is replaced by the following:

the required security controls have been applied to the supplies by a known supplier or regulated supplier and the supplies                                                   have been protected from unauthorised interference from the time that those controls were applied until delivery to the security                                                   restricted area.’;                                             

in Attachment 9-A, in the first indent, point (b) is replaced by the following:

ensure that persons with access to airport supplies receive general security awareness training in accordance with point 11.2.7                                          of the Annex to Regulation (EU) No 185/2010 before being given access to these supplies. In addition, ensure that persons                                          implementing screening of airport supplies receive training according to point 11.2.3.3 of the Annex to Regulation (EU) No                                          185/2010 and persons implementing other security controls in respect of airport supplies receive training according to point                                          11.2.3.10 of the Annex to Regulation (EU) No 185/2010; and’;                                    

Chapter 11 is amended as follows:

point 11.1.5 is replaced by the following:

### ‘11.1.5.Background or pre-employment checks shall be completed before the person undergoes any security training involving access                                             to information which is not publicly available. Background checks shall be repeated at regular intervals not exceeding five                                             years.’;

point 11.2.3.7(b) is replaced by the following:

knowledge of procedures for sealing aircraft, if applicable for the person to be trained;’;                                             

the first sentence of point 11.2.3.9 is replaced by the following:

‘Training of persons implementing security controls for cargo and mail other than screening shall result in the following competencies:’;                                    

the following sentence is added at the end of point 11.2.6.1:

‘For objective reasons, the appropriate authority may exempt persons from this training requirement if their access is limited                                          to areas in the terminal accessible to passengers.’;                                    

the following sentence is added at the end of point 11.3.1:

‘Persons performing tasks as listed in point 11.2.3.3 may be exempted from these requirements if they are only authorised to                                          implement visual checks and/or hand searches.’;                                    

point 11.5.3(a) is replaced by the following:

have knowledge and competencies as specified in point 11.5.4; and’;                                             

the first sentence of point 11.5.4 is replaced by the following:

‘In order to be certified as an instructor qualified to give training defined in points 11.2.3.1 to 11.2.3.5 and in points                                          11.2.4 (unless it concerns the training of supervisors exclusively supervising persons referred to in points 11.2.3.6 to 11.2.3.10)                                          and 11.2.5, a person shall have knowledge of the work environment in the relevant aviation security field and qualifications                                          and competencies in the following areas:’;                                    

Chapter 12 is amended as follows:

point 12.1.2.2 is replaced by the following:

### ‘12.1.2.2.All WTMD exclusively used for screening persons other than passengers shall meet at least standard 1.’;

the following points 12.5.1.4 and 12.5.1.5 are added:

### ‘12.5.1.4.There shall be a TIP administrator responsible for the configuration management of the TIP system.

### 12.5.1.5.The appropriate authority shall regularly monitor the correct implementation of the TIP systems and ensure that the systems                                             are correctly configured, including realistic and relevant projection of objects, are in compliance with the requirements                                             and have up-to-date image libraries.’;

point 12.8.2 is replaced by the following:

### ‘12.8.2.Before its planned introduction the Member State concerned shall inform in writing the Commission and the other Member States                                             of the proposed method of screening it intends to allow, enclosing an assessment indicating how it shall guarantee that the                                             application of the new method will meet the requirement of point 12.8.1(b). The notification shall also contain detailed information                                             on the location(s) where the method of screening is planned to be used and the intended length of the evaluation period.’;

the following point 12.10 is added:

### ‘12.10.METAL DETECTION EQUIPMENT (MDE)

Detailed provisions on the use of MDE are laid down in a separate Commission Decision.’                                    

1

OJ L 97, 9.4.2008, p. 72.                           

2

OJ L 55, 5.3.2010, p. 1.