2010R0185 — EN — 11.07.2013 — 011.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B 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 (Text with EEA relevance) (OJ L 055, 5.3.2010, p.1)

Amended by:





Corrected by:









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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

(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) In accordance with Article 4(3) of Regulation (EC) No 300/2008 the Commission should adopt detailed measures for the implementation of common basic standards referred to in Article 4(1) and of general measures supplementing common basic standards referred to in Article 4(2) of that Regulation. (2) If they contain sensitive security measures, these measures should be regarded as EU classified information within the meaning of Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending internal rules of procedure ( 2 ), as provided for by Article 18 point (a) of Regulation (EC) No 300/2008 and should therefore not be published. These measures should be adopted separately, by means of a Decision addressed to the Member States. (3) Regulation (EC) No 300/2008 shall apply in full as from the date specified in the implementing rules adopted in accordance with the procedures referred to in Article 4(2) and 4(3) of that Regulation but not later than 29 April 2010. This Regulation should therefore apply as from 29 April 2010 in order to harmonise the application of Regulation (EC) No 300/2008 and its implementing acts. (4) Methods, including technologies, for detection of liquid explosives will develop over time. In line with technological developments and operation experiences both at Community and global level, the Commission will make proposals, whenever appropriate, to revise the technological and operation provisions on the screening of liquids, aerosols and gels. (5) Commission Regulations (EC) No 1217/2003 of 4 July 2003 laying down common specifications for national civil aviation security quality control programmes ( 3 ), (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security ( 4 ), (EC) No 1138/2004 of 21 June 2004 establishing a common definition of critical parts of security restricted areas at airports ( 5 ) and (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security ( 6 ), which all implemented Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security ( 7 ), should therefore be repealed. (6) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008, Whereas: HAS ADOPTED THIS REGULATION:







Article 1

Objective

This Regulation lays down detailed measures for the implementation of common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation and general measures supplementing the common basic standards.

Article 2

Implementation rules

1. The measures referred to in Article 1 are set out in the Annex.

2. In accordance with Article 10(1) of Regulation (EC) No 300/2008, national civil aviation security programmes shall take appropriate account of this Regulation.

Article 3

Repeal

Regulations (EC) No 1217/2003, (EC) No 1486/2003, (EC) No 1138/2004 and (EC) No 820/2008 are repealed with effect from 29 April 2010.

Article 4

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply as from 29 April 2010.

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









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 as 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 in Regulation (EC) No 272/2009, 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.

1.1 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: (a) a part of an airport to which screened departing passengers have access; and (b) a part of an airport through which screened departing hold baggage may pass or in which it may be held, unless it concerns secured baggage; and (c) a part of an airport designated for the parking of aircraft to be boarded or loaded.

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) all parts of an airport to which screened departing passengers have access; and (b) all parts of an airport through which screened departing hold baggage may pass or in which it may be held, unless it concerns secured baggage. 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 (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.

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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.

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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.

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.

1.2.2.2 In order to be granted access to security restricted areas a person shall present one of the following authorisations: (a) a valid boarding card or equivalent; or (b) a valid crew identification card; or (c) a valid airport identification card; or (d) a valid national appropriate authority identification card; or (e) a valid compliance authority identification card recognised by the appropriate national authority. 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: (a) an electronic system which limits access to one person at a time; or (b) authorised persons implementing access control.

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 a separate Commission Decision.

1.2.3 Requirements for Community crew identification cards and airport identification cards

1.2.3.1 A crew identification card of a crew member employed by a Community 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: (a) upon request of the issuing entity; or (b) upon termination of employment; or (c) upon change of employer; or (d) upon change of the need to have access to areas for which an authorisation has been given; or (e) upon expiry of the card; or (f) upon withdrawal of the card.

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 Community crew identification cards and airport identification cards shall also be subject to the additional provisions laid down in a separate Commission Decision.

1.2.4 Supplementary requirements for Community crew identification cards

1.2.4.1 A crew identification card of a crew member employed by a Community air carrier shall display: (a) the name and photograph of the holder; and (b) the name of the air carrier; and (c) the word ‘crew’ in English, to be applied 5 years after the entry into force of this Regulation at the latest; and (d) the expiry date, to be applied 5 years after the entry into force of this Regulation at the latest.

1.2.5 Supplementary requirements for airport identification cards

1.2.5.1 An airport identification card shall display: (a) the name and photograph of the holder; and (b) the name of the employer of the holder, unless electronically programmed; and (c) the name of either the issuing entity or the airport; and (d) the areas for which the holder is authorised to have access; and (e) the expiry date, unless electronically programmed. 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: (a) the areas for which it is authorised to have access; and (b) the expiry date. 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: (a) upon request of the issuing entity; or (b) when the vehicle is no longer to be used for access to airside; or (c) upon expiry of the pass, unless the pass is automatically invalidated.

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.

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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.

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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: (a) areas where passengers may be present; and (b) areas in the immediate proximity of the aircraft on which they have arrived or will depart; and (c) areas designated for crews . ►M9 ; and ◄ ▼M9 (d) distances between the terminal or access point and the aircraft on which crew members have arrived or will depart. ▼B

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 he is escorted at all times when in security restricted areas.

1.2.7.3 An escort shall: (a) hold a valid identification card as referred to in point 1.2.2.2(c), (d) or (e); and (b) be authorised to escort in security restricted areas; and (c) have the escorted person or persons in direct line of sight at all times; and (d) reasonably ensure that no security breach is committed by the person or persons being escorted.

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.

1.2.8 Other exemptions

Other exemptions shall be subject to provisions laid down in a separate Commission Decision.

1.3 SCREENING OF PERSONS OTHER THAN PASSENGERS AND ITEMS CARRIED

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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: (a) hand search; (b) walk-through metal detection equipment (WTMD); (c) explosive detection dogs; (d) explosive trace detection (ETD) equipment; (e) security scanners which do not use ionising radiation; ▼M12 (f) explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment.

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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.

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1.3.1.3 Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening 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: (a) hand search; (b) x-ray equipment; (c) explosive detection systems (EDS) equipment; (d) explosive detection dogs; (e) explosive trace detection (ETD) equipment.

1.3.1.5 Points 4.1.2.4 — 4.1.2.7 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 or in unpredictable alternation with hand searches, x-ray equipment or EDS equipment.

1.3.1.7 Articles listed in Attachment 4-C may be carried only if the person is authorised to do so in order to undertake tasks that are essential for the operation of airport facilities or of aircraft, or for performing in-flight duties.

1.3.1.8 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.

1.3.1.9 The screening of persons other than passengers and items carried shall also be subject to the additional provisions laid down in a separate Commission Decision.

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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 a separate Commission Decision.

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 a separate Commission Decision.

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 a separate Commission Decision.

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: (a) explosive detection dogs; and (b) explosive trace detection (ETD) equipment.

1.4.3.3 Methods of examination shall also be subject to the additional provisions laid down in a separate Commission Decision.

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 a separate Commission Decision.

1.5 SURVEILLANCE, PATROLS AND OTHER PHYSICAL CONTROLS

1.5.1 Surveillance or patrols shall be undertaken in order to monitor: (a) the boundaries between landside, airside, security restricted areas, critical parts and, where applicable, demarcated areas; and (b) areas of, and in proximity of, the terminal that are accessible to the public, including parking areas and roadways; and (c) the display and validity of persons’ identification cards in security restricted areas other than those areas where passengers are present; and (d) the display and validity of vehicle passes when airside; and (e) hold baggage, cargo and mail, in-flight supplies and air carrier mail and materials in critical parts waiting to be loaded.

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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: (a) the size of the airport, including the number and nature of the operations; and (b) the layout of the airport, in particular the interrelationship between the areas established at the airport; and (c) the possibilities and limitations of means of undertaking surveillance, and patrols. 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.

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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.

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.

3.1 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 a separate Commission Decision.

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 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 a separate Commission Decision.

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 a separate Commission Decision.

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:

— flight number, and

— destination, and

— origin of the previous flight, and

— an indication whether or not an aircraft security search was completed.

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

— date and time that the aircraft security search was completed, and

— the name and signature of the person responsible for the performance of the aircraft security search.

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, it shall be protected against unauthorised access by: (a) ensuring that persons seeking to gain unauthorised access are challenged promptly; or (b) having its external doors closed. Where the aircraft is in a critical part, external doors that are not accessible 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; or (c) having electronic means which will immediately detect unauthorised access.

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: (a) have access aids removed; or (b) be sealed; or (c) be locked; or (d) be monitored. Point (a) shall not apply for a door that is accessible from the ground.

3.2.2.2 Where access aids are removed for doors that are not accessible 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 a separate Commission Decision.

ATTACHMENT 3-A

AIRCRAFT SECURITY SEARCH

Detailed provisions for an aircraft security search are laid down in a separate Commission Decision.

ATTACHMENT 3-B

AIRCRAFT SECURITY

THIRD COUNTRIES RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS

As regards aircraft security, the following third countries have been recognised as applying security standards equivalent to the common basic standards:

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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.

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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.

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4.0.4 For the purpose of this Annex: (a) ‘liquids, aerosols and gels’ (LAGs) shall include pastes, lotions, liquid/solid mixtures and the contents of pressurised containers, such as toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam and other items with similar consistencies; (b) ‘security tamper-evident bag’ (STEB) is a bag that conforms to the recommended security control guidelines of the International Civil Aviation Organisation; ▼M14 (c) ‘liquid explosive detection systems (LEDS) equipment’ is a piece of equipment capable of detecting threat materials that meets the provisions of point 12.7 of the Annex to Commission Decision C(2010) 774.

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4.1 SCREENING OF PASSENGERS AND CABIN BAGGAGE

4.1.1 Screening of passengers

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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: (a) a hand search; or (b) walk-through metal detection (WTMD) equipment; or (c) explosive detection dogs in combination with point (a); or (d) security scanners which do not use ionising radiation; or ▼M12 (e) explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment. ▼M8 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.

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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 a separate Commission Decision.

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

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4.1.1.10 When a security scanner with a human reviewer, as defined under point 12.11.1, second paragraph, is used for screening of passengers the following minimum conditions shall be complied with: (a) security scanners shall not store, retain, copy, print or retrieve images. However, any image generated during the screening can be kept for the time needed for the human reviewer to analyse it and shall be deleted as soon as the passenger is cleared. Any unauthorised access and use of the image is prohibited and shall be prevented; (b) the human reviewer analysing the image shall be in a separate location so that he/she cannot see the screened passenger; (c) any technical devices capable of storing, copying or photographing or otherwise recording images shall not be allowed into the separate location where the image is analysed; (d) the image shall not be linked to any data concerning the screened person and his/her identity shall be kept anonymous; (e) a passenger may request that the image of his/her body is analysed by a human reviewer of the gender of his/her choice; (f) the image shall be blurred or obscured to prevent the identification of the face of the passenger. 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 Decision (2010)774. 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.

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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.

▼B

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.

4.1.2.2 Before screening, LAGs shall be removed from cabin baggage and shall be screened separately, unless the equipment used for the screening of cabin baggage is also capable of screening multiple closed LAG containers inside baggage. Where LAGs have been removed from cabin baggage, the passenger shall present: (a) all LAGs in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent re-sealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed; and (b) other LAGs separately.

4.1.2.3 Cabin baggage shall be screened by: (a) a hand search; or (b) x-ray equipment; or (c) explosive detection systems (EDS) equipment; ▼M3 (d) explosive detection dogs in combination with point (a). ▼B 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.

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.

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 The appropriate authority may allow a diplomatic bag to be exempted from screening or to be subjected to special security procedures provided that the requirements of the Vienna Convention on Diplomatic Relations are met.

4.1.2.12 The screening of cabin baggage shall also be subject to the additional provisions laid down in a separate Commission Decision.

4.1.3 Screening of liquids, aerosols and gels (LAGs)

▼M14 —————

▼B

4.1.3.3 The screening of LAGs shall also be subject to the additional provisions laid down in a separate Commission Decision.

▼M2

4.1.3.4 LAGs carried by passengers may be exempted from screening if the LAG is: (a) in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent re-sealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed; or (b) to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do so the passenger shall provide proof of authenticity of the exempted LAG; or ▼M9 (c) obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase at airside at that airport within the preceding 24 hours is displayed; or ▼M2 (d) obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or ▼M9 (e) obtained at another Union airport, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase at airside at that airport within the preceding 24 hours is displayed; or (f) obtained on board an aircraft of an EU air carrier, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase on board that aircraft within the preceding 24 hours is displayed; or ▼M14 (g) obtained at an airport situated in a third country listed in Attachment 4-D, on condition that the LAG is sealed in a STEB inside which satisfactory proof of purchase at airside at that airport within the preceding 36 hours is displayed. The exemptions provided for in this point may be used until 30 January 2014 at the latest.

▼B

4.2 PROTECTION OF PASSENGERS AND CABIN BAGGAGE

The protection of passengers and cabin baggage shall be subject to the provisions laid down in a separate Commission Decision.

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: (a) identity and gender of the person; and (b) reason for transportation; and (c) name and title of escorts, if provided; and (d) risk assessment by the competent authority, including reasons to escort or not; and (e) prior seating arrangement, if required; and (f) the nature of the available travel documents. 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: (a) the appropriate authority has given consent that the article may be carried; and (b) the air carrier has been informed about the passenger and the article that he is carrying prior to passengers boarding the aircraft; and (c) the applicable safety rules are complied with. 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 a separate Commission Decision.

ATTACHMENT 4-B

PASSENGERS AND CABIN BAGGAGE

THIRD COUNTRIES RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS

As regards passengers and cabin baggage, the following third countries have been recognised as applying security standards equivalent to the common basic standards:

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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.

▼B

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: — firearms of all types, such as pistols, revolvers, rifles, shotguns, — toy guns, replicas and imitation firearms capable of being mistaken for real weapons, — component parts of firearms, excluding telescopic sights, — compressed air and CO2 guns, such as pistols, pellet guns, rifles and ball bearing guns, — signal flare pistols and starter pistols, — bows, cross bows and arrows, — harpoon guns and spear guns, — slingshots and catapults;

(b) stunning devices — devices designed specifically to stun or immobilise, including: — devices for shocking, such as stun guns, tasers and stun batons, — animal stunners and animal killers, — disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays;

(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: — items designed for chopping, such as axes, hatchets and cleavers, — ice axes and ice picks, — razor blades, — box cutters, — knives with blades of more than 6 cm, — scissors with blades of more than 6 cm as measured from the fulcrum, — martial arts equipment with a sharp point or sharp edge, — swords and sabres;

(d) workmen’s tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including: — crowbars, — drills and drill bits, including cordless portable power drills, — tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels, — saws, including cordless portable power saws, — blowtorches, — bolt guns and nail guns;

(e) blunt instruments — objects capable of being used to cause serious injury when used to hit, including: — baseball and softball bats, — clubs and batons, such as billy clubs, blackjacks and night sticks, — martial arts equipment;

(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: — ammunition, — blasting caps, — detonators and fuses, — replica or imitation explosive devices, — mines, grenades and other explosive military stores, — fireworks and other pyrotechnics, — smoke-generating canisters and smoke-generating cartridges, — dynamite, gunpowder and plastic explosives.

▼M2

ATTACHMENT 4-D

Airport(s) from which flights depart to Union airports:

— Canada: — All international airports

— Republic of Croatia: — Dubrovnik (DBV) airport Pula (PUY) airport Rijeka (RJK) airport Split (SPU) airport Zadar (ZAD) airport Zagreb (ZAG) airport

— Malaysia — Kuala Lumpur International (KUL) airport

— Republic of Singapore: — Changi (SIN) airport

— United States of America — All international airports

▼B

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.

5.1 SCREENING OF HOLD BAGGAGE

5.1.1 The following methods, either individually or in combination, shall be used to screen hold baggage: (a) a hand search; or (b) x-ray equipment; or (c) explosive detection systems (EDS) equipment; or (d) explosive trace detection (ETD) equipment; ▼M3 (e) explosive detection dogs. ▼B 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 a separate Commission Decision.

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: (a) no prohibited articles as listed in Attachment 5-B are introduced into the hold baggage; or (b) no prohibited articles as listed in Attachment 4-C are removed from the hold baggage and introduced into the security restricted areas or on board an aircraft.

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 a separate Commission Decision.

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 a separate Commission Decision.

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 a separate Commission Decision.

▼M9

5.3.3.2 Hold baggage that becomes unaccompanied baggage due to factors other than those mentioned in point 5.3.2 shall be removed from the aircraft and rescreened before loading it again.

▼B

5.3.3.3 Additional detailed provisions for appropriate security controls for unaccompanied hold baggage are laid down in a separate Commission Decision.

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: (a) the appropriate authority has national rules permitting carriage of the article; and (b) the applicable safety rules are complied with.

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 RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS

As regards hold baggage, the following third countries have been recognised as applying security standards equivalent to the common basic standards:

▼M4

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.

▼B

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:

— ammunition,

— blasting caps,

— detonators and fuses,

— mines, grenades and other explosive military stores,

— fireworks and other pyrotechnics,

— smoke-generating canisters and smoke-generating cartridges,

— dynamite, gunpowder and plastic explosives.

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.

▼M9

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

▼M9 —————

▼B

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: (a) the required security controls have been applied to the consignment by a regulated agent and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (b) the required security controls have been applied to the consignment by a known consignor and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (c) the required security controls have been applied to the consignment by an account consignor, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or (d) the consignment is exempt from screening and has been protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.

▼M6

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.

▼B

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: (a) the means or method most likely to detect prohibited articles shall be employed, taking into consideration the nature of the consignment; and (b) the means or method employed shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the consignment.

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 his satisfaction.

6.2.1.3 The screening of cargo and mail shall also be subject to the additional provisions laid down in a separate Commission Decision.

6.2.2 Exemptions from screening

Provisions for exemptions from screening are laid down in a separate Commission Decision.

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: (a) any of the security controls referred to in point 6.3.2 to another regulated agent; (b) any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out at the regulated agent’s own site or at an airport, and are covered by the regulated agent’s or airport security programme; (c) any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out elsewhere than at the regulated agent’s own site or at an airport, and the entity has been certified or approved and listed for the provision of these services by the appropriate authority; and (d) the protection and transportation of consignments to a haulier that meets the requirements of point 6.6.

6.3.1.2 The appropriate authority of each Member State shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 the responsibilities for the implementation of the following procedure on the approval of regulated agents: (a) the applicant shall seek approval from the appropriate authority of the Member State in which the sites included in the application are located. The applicant shall submit a security programme to the appropriate authority concerned. The programme shall describe the methods and procedures which are to be followed by the agent in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The programme shall also describe how compliance with these methods and procedures is to be monitored by the agent itself. An air carrier security programme which describes the methods and procedures to be followed by the air carrier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts shall be regarded as meeting the requirement for a regulated agent security programme. The applicant shall also submit the ‘Declaration of commitments — regulated agent’ as contained in Attachment 6-A. This declaration shall be signed by the applicant’s legal representative or by the person responsible for security. The signed declaration shall be retained by the appropriate authority concerned; (b) the appropriate authority, or ►M11 EU aviation security validator ◄ acting on its behalf, shall examine the security programme and then make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The appropriate authority, or ►M11 EU aviation security validator ◄ acting on its behalf, should take into account whether or not the applicant is a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EC) No 1875/2006 ( 8 ) amending Regulation (EEC) No 2454/93 ( 9 ); (c) if the appropriate authority is satisfied with the information provided under points (a) and (b), it shall ensure that the necessary details of the agent are entered into the ‘EC database of regulated agents and known consignors’ not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format. If the appropriate authority is not satisfied with the information provided under points (a) and (b) then the reasons shall promptly be notified to the entity seeking approval as a regulated agent. Where an air carrier security programme describes the methods and procedures to be followed by the air carrier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts, an air carrier may be considered as fulfilling the requirements of points (a) and (b) for all sites specified in the programme. An on-site verification of the sites specified in the air carrier security programme shall be carried out no later than 2 years after the entry into force of this Regulation. Where a regulated agent has been approved in accordance with either Commission Regulation (EC) No 2320/2002 or Commission Regulation (EC) No 820/2008 and Commission Decision C(2008) 4333, it may be considered as a regulated agent for the purposes of Regulation (EC) No 300/2008 and its implementing acts for all sites at which an on-site verification has taken place; (d) a regulated agent shall not be considered as approved until its details are listed in the ‘EC database of regulated agents and known consignors’.

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.

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). Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the agent’s change of status is indicated in the ‘EC database of regulated agents and known consignors’.

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 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.

6.3.2 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 When accepting consignments to which not all required security controls have previously been applied, the regulated agent shall ensure that they are screened in accordance with point 6.2.

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 a separate Commission Decision have been applied, the regulated agent shall ensure that: (a) access to these consignments is controlled; and (b) these consignments are protected from unauthorised interference until they are handed over to another regulated agent or air carrier.

6.3.2.5 After the security controls referred to in points 6.3.2.1 to 6.3.2.4 of this Regulation 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.

▼M9

6.3.2.6 The documentation 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 the following information: (a) the unique alphanumeric identifier of the regulated agent as received from the appropriate authority; (b) a unique identifier of the consignment, such as the number of the (house or master) air waybill; (c) the content of the consignment, except for consignments listed in points 6.2.3(d) and (e) of Commission Decision C(2010) 774 final of 13 April 2010 ( 10 ); (d) the security status of the consignment, stating: — ‘SPX’, meaning secure for passenger, all-cargo and all-mail aircraft, or — ‘SCO’, meaning secure for all-cargo and all-mail aircraft only, or — ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements; (e) the reason that the security status was issued, stating: — ‘KC’, meaning received from known consignor, or — ‘AC’, meaning received from account consignor, or — the means or method of screening used, or — the grounds for exempting the consignment from screening; (f) the name of the person who issued the security status, or an equivalent identification, and the date and time of issue; (g) the unique identifier received from the appropriate authority, of any regulated agent who has accepted the security status given to a consignment by another regulated agent.

6.3.2.7 In the case of consolidations, the requirements of points 6.3.2.5 and 6.3.2.6 will be considered as met if: (a) the regulated agent performing the consolidation retains the information required under points 6.3.2.6(a) to (g) for each individual consignment for the duration of the flight(s) or for 24 hours, whichever is the longer; and (b) the documentation accompanying the consolidation includes the alphanumeric identifier of the regulated agent who performed the consolidation, a unique identifier of the consolidation and its security status. Point (a) shall not be required for consolidations that are always subject to screening or exempted from screening in line with points 6.2.3(d) and (e) of Decision C(2010) 774 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.

▼B

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. Security controls to be applied by a regulated agent shall also be subject to the additional provisions laid down in a separate Commission Decision.

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 appropriate authority of each Member State shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 the responsibilities for the implementation of the following procedure on the approval of known consignors: (a) the applicant shall seek approval from the appropriate authority of the Member State in which its site is located. The applicant shall be provided with the ‘Guidance for known consignors’ as contained in Attachment 6-B; (b) the appropriate authority, or ►M11 EU aviation security validator ◄ acting on its behalf, shall make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts. In order to assess whether the applicant complies with these requirements, the appropriate authority, or ►M11 EU aviation security validator ◄ acting on its behalf, shall make use of the ‘Validation checklist for known consignors’ as contained in Attachment 6-C. This checklist includes a declaration of commitments which shall be signed by the applicant’s legal representative or by the person responsible for security at the site. The appropriate authority, or ►M11 EU aviation security validator ◄ acting on its behalf, should take into account whether or not the applicant is a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EC) No 1875/2006 amending Regulation (EEC) No 2454/93. Once the validation checklist is completed, the information contained in the checklist shall be handled as classified information. The signed declaration shall be retained by the appropriate authority concerned or retained by the ►M11 EU aviation security validator ◄ and made available on request to the appropriate authority concerned; (c) if the appropriate authority is satisfied with the information provided under points (a) and (b), it shall ensure that the necessary details of the consignor are entered into the ‘EC database of regulated agents and known consignors’ not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format. If the appropriate authority is not satisfied with the information provided under points (a) and (b) then the reasons shall promptly be notified to the entity seeking approval as a known consignor; ▼M13 (d) where a known consignor has been approved before 29 April 2010 to ensure that the requirements covered by point 6.4.2 were met, it may be considered as a known consignor for the purposes of Regulation (EC) No 300/2008 and its implementing acts until 28 April 2013; ▼B (e) a known consignor shall not be considered as approved until its details are listed in the ‘EC database of regulated agents and 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.

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.

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). 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 ‘EC database of regulated agents and known consignors’.

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 shall be recognised in all Member States. Known consignors approved in accordance with point 6.4.1.2(d) shall also be subject to the additional provision laid down in point 6.4 of a separate Commission Decision.

6.4.2 Security controls to be applied by a known consignor

6.4.2.1 A known consignor shall ensure that: (a) there is a level of security on the site or at the premises sufficient to protect identifiable air cargo and identifiable air mail from unauthorised interference; and (b) 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 trained in accordance with the requirements of chapter 11; and (c) during production, packing, storage, despatch and/or transportation, as appropriate, identifiable air cargo and identifiable air mail is protected from unauthorised interference or tampering. 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: (a) the regulated agent shall provide the entity with the ‘Aviation security instructions for account consignors’ and ‘Declaration of commitments — account consignor’ as contained in Attachment 6-D. These instructions and declaration shall be provided to the regulated agent by the appropriate authority of the Member State in which its site is located; (b) the entity shall submit a signed ‘Declaration of commitments — account consignor’ as contained in Attachment 6-D to the regulated agent, unless the entity is a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EC) No 1875/2006 amending Regulation (EEC) No 2454/93. The entity shall also designate at least one person responsible for security at its premises and shall inform the regulated agent of this person’s name and contact details. Where applicable, the signed declaration shall be retained by the regulated agent and made available on request to the appropriate authority concerned. Where the requirement to complete a Declaration of Commitments has been waived on the basis of an AEO certificate, an account consignor shall immediately inform the regulated agent if it is no longer a holder of such a certificate; (c) the regulated agent shall make a validation by establishing the following details of the prospective account consignor: — the company details, including the bona fide business address, and — the nature of the business, and — contact details, including those of the person(s) responsible for security, and — VAT reference number or company registration number, and — where the exemption under 6.5.2(b) is applied, the AEO certificate number; (d) if the regulated agent is satisfied with the information provided under points (b) and (c), then the regulated agent may designate the entity as an account consignor.

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: ▼M9 (a) the consignments shall be packed or sealed by the regulated agent, known consignor or account consignor so as to ensure that any tampering would be evident; where this is not possible alternative protection measures that ensure the integrity of the consignment shall be taken; and ▼B (b) the cargo load compartment of the vehicle in which the consignments are to be transported shall be locked or sealed or curtain sided vehicles shall be secured with TIR cords so as to ensure that any tampering would be evident, or the load area of flat bed vehicles shall be kept under observation; and either (c) the haulier declaration as contained in Attachment 6-E shall be agreed by the haulier who transports on behalf of the regulated agent, known consignor or account consignor, unless the haulier is itself approved as a regulated agent. The signed declaration shall be retained by the regulated agent, known consignor or account consignor for whom the haulier provides transport. On request, a copy of the signed declaration shall also be made available to the regulated agent or air carrier receiving the consignment or to the appropriate authority concerned; or (d) the haulier shall 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) (c) and (d) shall not apply during airside transportation.

6.6.2 Protection of cargo and mail at airports

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 that are in a part other than a critical part shall be considered as protected from unauthorised interference if: (a) they are physically protected so as to prevent the introduction of any article which might be used in an act of unauthorised interference; or (b) they are not left unattended and access is limited to persons involved in the protection and loading of cargo and mail onto aircraft.

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6.7 HIGH RISK CARGO AND MAIL (HRCM)

Provisions for high risk cargo and mail are laid down in a separate Commission Decision.

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6.8 PROTECTION OF 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 Attachment 6-F 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): (a) by the appropriate authority of the Member State that issued the air carrier’s Air Operator’s Certificate; (b) by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EC) No 748/2009 ( 11 ) as amended by Regulation (EU) No 394/2011 ( 12 ) on the list of aircraft operators which had performed an aviation activity within the meaning of Annex I to Directive 2003/87/EC of the European Parliament and of the Council ( 13 ) on or after 1 January 2006, for air carriers that do not hold an Air Operator’s Certificate issued by a Member State; (c) by the appropriate authority of the Member State where the air carrier has its major base of operations in the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not holding an Air Operator’s Certificate issued by a Member State and not listed in the Annex to Regulation (EC) No 748/2009.

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 (a) the nomination of a person with overall responsibility on the air carrier’s behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and (b) until 30 June 2014, a ‘Declaration of commitments — ACC3’ as set out in attachment 6-H confirming the implementation of the security programme covering the points as specified in Attachment 6-G. The declaration shall be signed on behalf of the air carrier by its legal representative or by the person responsible for security. Either a copy or the original shall be retained by the appropriate authority until the expiry date of the ACC3 designation; (c) from 1 July 2014, an EU aviation security validation report confirming the implementation of security measures.

6.8.1.3 The appropriate authority shall allocate to the ACC3 designated 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 of regulated agents and known consignors, for a maximum period of five years.

6.8.1.5 An ACC3 listed on the Union database of regulated agents and known consignors 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 (a) an examination of the air carrier’s security programme ensuring its relevance and completeness in respect of all points set out in Attachment 6-G; and (b) verification of the implementation of aviation security measures in respect of the relevant cargo operations by using the checklist set out in Attachment 6-C3.

6.8.2.2 The EU aviation security validation’s verification of the implementation shall be on-site, to one of the following degrees: 1. At the airport from which the air carrier has relevant cargo operations before ACC3 designation can be granted for that airport. If the EU aviation security validation thereupon establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the appropriate authority shall not designate the air carrier as ACC3 for the relevant cargo operations without proof of the implementation of measures by the air carrier rectifying the deficiency identified. 2. At a representative number of airports with relevant cargo operations of an air carrier before ACC3 designation is granted for all airports with relevant cargo operations of that air carrier. The following conditions apply: (a) this option is requested by an air carrier which operates several relevant air cargo operations; (b) the appropriate authority has verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation; (c) the representative number shall be at least 3 or 5 %, whichever is the higher, and all airports situated in a high risk origin; (d) the appropriate authority has agreed to a roadmap that ensures EU aviation security validations for every year of the designation at additional airports for which ACC3 designation will be granted or until all airports are validated. Those validations shall each year be at least equal in number to those required in (c). The roadmap shall state the reasons underpinning the choice of additional airports; (e) all ACC3 designations shall end on the same day; (f) where one of the EU aviation security validations agreed under the roadmap establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the designating appropriate authority shall require proof of the implementation of measures rectifying the deficiency identified at that airport, and, depending on the seriousness of the deficiency, request: — EU aviation security validation of all airports for which ACC3 designation is required in accordance with point 6.8.2.2.1 within a deadline set by the appropriate authority, or — twice the number of the EU aviation security validations established under (d) per each of the remaining years of ACC3 designations.

6.8.2.3 The appropriate authority can designate an air carrier as ACC3 for a limited period, ending on 30 June 2016 at the latest, where an EU aviation security validation could not take place for objective reasons beyond the responsibility of the air carrier. Where such a designation is granted for a period of more than three 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.

6.8.2.4 Where the EU aviation security validation of an ACC3 took place before 1 July 2014 and did not confirm implementation of the requirements of the second sentence of point 6.8.3.2, the ACC3 shall provide the appropriate authority with proof of implementation of these requirements, by 1 July 2014 at the latest. Proof shall consist of an update of the respective part of the security programme and may consist of a follow-up on-site verification.

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: (a) the required security controls have been applied to the consignment by an EU aviation security validated regulated agent and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (b) the required security controls have been applied to the consignment by an EU aviation security validated known consignor and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (c) the required security controls have been applied to the consignment by an account consignor, under the responsibility of an EU aviation security validated regulated agent, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or (d) the consignment is exempted from screening in accordance with point 6.1.1.d of Regulation (EU) No 185/2010 and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.

6.8.3.2 Until 30 June 2014, the screening requirements set out in point 6.8.3.1 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 Commission Decision 2010/774/EU to a standard sufficient to reasonably ensure that it contains no prohibited articles.

6.8.3.3 The ACC3 shall ensure in respect of: (a) transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied at the point of origin or elsewhere in the supply chain and such consignments have been protected from unauthorised interference from the time that those security controls were applied and until loading. (b) high risk cargo and mail that screening in accordance with point 6.7 has been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain, that such consignments have been labelled SHR and have been protected from unauthorised interference from the time that those security controls were applied and until loading.

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 Attachment 6Fii 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 it directly delivers cargo or mail for carriage into the Union: (a) the ACC3’s security programme shall set out details of security controls implemented on its behalf by third country entities from which it accepts cargo or mail directly for carriage into the Union. The EU aviation security validation of the ACC3 shall validate the security controls applied by those entities; or (b) the third country entities submit the relevant cargo handling activities to an EU aviation security validation at intervals not exceeding five years and provide ACC3(s) with a copy of the validation report.

6.8.4.2 If the EU aviation security validation according to point 6.8.4.1(b) concludes that the entity (a) has succeeded in complying with the objectives referred to in the relevant checklist, the validation report shall state that the entity is designated EU aviation security validated regulated agent or known consignor. The validator shall provide the validated entity with the original of the validation report; (b) has failed to comply with the objectives referred to in the relevant checklist, the entity is not authorised to operate cargo for carriage into the EU. It shall receive a copy of the completed checklist stating the deficiencies.

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: (a) the company details, including the bona fide business address; (b) the nature of the business, excluding business sensitive information; (c) contact details, including those of the person(s) responsible for security; (d) the company registration number, if applicable; (e) where available and at the latest as of 1 July 2014, the validation report. The database shall be available for inspection of the ACC3. Other EU aviation security validated entities may maintain such a database.

6.8.5 Non-compliance and discontinuation of ACC3 designation

6.8.5.1 Non-compliance

1. If the Commission or an appropriate authority identifies a serious deficiency relating to an ACC3 operation which is deemed to have a significant impact on the overall level of aviation security in the Union it shall: (a) inform the ACC3 concerned promptly, request comments and appropriate measures rectifying the serious deficiency; (b) promptly inform the Commission and other Member States.

2. Where an appropriate authority has not achieved rectification, the Commission may, after consulting the regulatory committee for civil aviation security, conclude that the carrier can no longer be recognised as an ACC3, either for specific or for all routes from third countries into the Union. In such cases, details of the ACC3 shall be removed from the Union database of regulated agents and known consignors.

3. An air carrier whose recognition as an ACC3 has been withdrawn in accordance with point 6.8.5.1 shall not be reinstated or included in the Union database of regulated agents or known consignors until an EU aviation security validation has confirmed that the serious deficiency has been rectified and the committee on civil aviation security has been informed thereof by the relevant appropriate authority.

6.8.5.2 Discontinuation

The appropriate authority that designated the ACC3 is responsible for removing the ACC3 from the ‘Union database of regulated agents and known consignors’:

(a) at the request or in agreement with the air carrier; or

(b) where the ACC3 does not pursue relevant cargo operations and does not react to a request for comments or otherwise obstructs the assessment of risk to aviation.

▼B

ATTACHMENT 6-A

DECLARATION OF COMMITMENTS — REGULATED AGENT

In accordance with 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,

I declare that,

— to the best of my knowledge, the information contained in the company’s security programme is true and accurate,

— the practices and procedures set out in this security programme will be implemented and maintained at all sites covered by the programme,

— this security programme will be adjusted and adapted to comply with all future relevant changes to EC legislation, unless [name of company] informs [name of appropriate authority] that it no longer wishes to trade as a regulated agent,

— [name of company] will inform [name of appropriate authority] in writing of: — (a) minor changes to its security programme, such as company name, person responsible for security or contact details, change of person requiring access to the ‘EC database of regulated agents and known consignors’, promptly and at least within 10 working days; and (b) major planned changes, such as new screening procedures, major building works which might affect its compliance with relevant EC legislation or change of site/address, at least 15 working days prior to their commencement/the planned change,

— in order to ensure compliance with relevant EC legislation, [name of company] will cooperate fully with all inspections, as required, and provide access to all documents, as requested by inspectors,

— [name of company] will inform [name of appropriate authority] of any serious security breaches and of any suspicious circumstances which may be relevant to air cargo/air mail security, in particular any attempt to conceal prohibited articles in consignments,

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— [name of company] will ensure that all relevant staff receive training in accordance with Chapter 11 of the Annex to Regulation (EU) No 185/2010 and are aware of their security responsibilities under the company’s security programme; and

▼B

— [name of company] will inform [name of appropriate authority] if: — (a) it ceases trading; (b) it no longer deals with air cargo/air mail; or (c) it can no longer meet the requirements of the relevant EC legislation.

I shall accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-B

Provisions for guidance for Known Consignors are laid down in a separate Commission Decision.

ATTACHMENT 6-C

Provisions for the validation checklist for known consignors are laid down in a separate Commission Decision.

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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 ( 14 ) or Iceland, Norway and Switzerland are required by Regulation (EU) No 185/2010.

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 ( 15 ) 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 Regulation (EU) No 185/2010. 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:

(a) the completed checklist (attachment 6-C2 set out in the Annex to Regulation (EU) No 185/2010) signed by the EU aviation security validator and where applicable commented by the validated entity;

(b) the declaration of commitments (Attachment 6-H2 set out in the Annex to Regulation (EU) No 185/2010) signed by the validated entity;

(c) an independence declaration (Attachment 11-A set out in the Annex to Regulation (EU) No 185/2010) in respect of the entity validated signed by the EU aviation security validator.

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