C.

In Chapter 6, the following points are added: ‘6.7. HIGH RISK CARGO AND MAIL (HRCM) Provisions for high risk cargo and mail are laid down in a separate Commission Decision. 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. Requirements until 30 June 2014: (a) 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): — by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EU) No 394/2011 (1) amending Regulation (EC) No 748/2009 (2) on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council (3), — by the appropriate authority of the Member State that issued the air carrier’s Operator’s Certificate for air carriers not listed in the Annex to Regulation (EU) No 394/2011, — by the appropriate authority of the Member State where the air carrier has its major base of operations within the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not listed in the Annex to Regulation (EU) No 394/2011 and not holding an Air Operator’s Certificate issued by a Member State; (b) in order to be designated as an ACC3, the carrier shall: — ensure that its security programme covers all points listed in Attachment 6-G in respect of cargo and mail being loaded on to its aircraft at any third country airport for carriage into the Union, and — submit a “Declaration of commitments — ACC3” as set out in Attachment 6-H to the appropriate authority concerned. This declaration shall be signed by the carrier’s legal representative or by the person responsible for security, and — nominate a person to have overall responsibility for implementation of cargo or mail security provisions in third countries on its behalf and provide details of this person to the appropriate authority concerned; (c) either the original or a copy of the signed “Declaration of commitments — ACC3” shall be retained by the appropriate authority concerned. Where the original is retained by the air carrier it shall be available for inspection at least during its period of validity; (d) the appropriate authority concerned shall communicate the necessary details of the carrier to the Commission which shall make them available to all Member States. (e) an ACC3 notified to the Commission in accordance with point (d) shall be recognised in all Member States for all operations from the specified third country airport into the Union. 6.8.1.2. Requirements to be fulfilled by 1 July 2014: (a) in addition to the requirements set out in point 6.8.1.1(b), by 1 July 2014 at the latest, the air carrier shall ensure that an on-site verification of its cargo and mail operations at the relevant third country airport has been carried out by an independent validator; (b) the independent validator shall examine the air carrier’s security programme and ensure that it covers all the points set out in Attachment 6-G, verify compliance with the programme at the third country airport by using the checklist in Attachment 6-C3 and submit a report: — to the appropriate authority of the Member State listed in the Annex to Regulation (EU) No 394/2011 amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC, — to the appropriate authority of the Member State that issued the air carrier’s Operator’s Certificate for air carriers not listed in the Annex to Regulation (EU) No 394/2011, — to the appropriate authority of the Member State where the air carrier has its major base of operations within the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not listed in the Annex to Regulation (EU) No 394/2011 and not holding an Air Operator’s Certificate issued by a Member State; (c) if satisfied with the report of the independent validator, the appropriate authority concerned shall ensure that the necessary details of the ACC3 are entered into the Union database of regulated agents and known consignors; (d) when making the database entry, the appropriate authority concerned shall allocate a unique alphanumeric identifier in the standard format identifying the carrier and the third country airport from which it is carrying cargo into the Union. The unique alphanumeric identifier shall appear on documentation accompanying the consignments carried, either in electronic format or in writing; (e) if the appropriate authority concerned is not satisfied with the information provided by the air carrier or with the report of the independent validation then the reasons shall promptly be notified to the carrier seeking designation as an ACC3; (f) an ACC3 listed on the Union database of regulated agents and known consignors in accordance with this point 6.8.1.2 shall be recognised in all Member States for all operations from the third country airport into the Union; (g) an ACC3 listed in the Union database of regulated agents and known consignors shall be re-validated at intervals not exceeding 5 years at the third country airport for which it has been designated and resubmit a Declaration of Commitments at the time of each revalidation. 6.8.2. Security controls for cargo and mail arriving from a third country 6.8.2.1. 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 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 exempted from screening in accordance with point 6.1.1(d) and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading. 6.8.2.2. Until 30 June 2014, the requirements of point 6.8.2.1 shall, as a minimum, meet ICAO standards. Thereafter, cargo and mail carried into the Union shall be: (a) screened by one of the means or methods listed in point 6.2.1 to a standard sufficient to reasonably ensure that it contains no prohibited articles; or (b) subject to security controls by a regulated agent, known consignor or account consignor designated in accordance with point 6.8.3; or (c) exempted from screening in accordance with point 6.1.1(d) and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading. 6.8.2.3. The security status of the consignment 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. Designation of third country regulated agents, known consignors and account consignors 6.8.3.1. Until 30 June 2014, the ACC3 shall set out details of security controls implemented by regulated agents, known consignors and account consignors from which it directly accepts consignments in its security programme. Thereafter, the ACC3 shall in addition: (a) ensure that such third country regulated agents and known consignors are independently validated in accordance with the checklists in Attachments 6-C2 and 6-C respectively at intervals not exceeding 5 years; (b) ensure that completed checklists are available for inspection by the appropriate authority or the Commission; (c) maintain a database giving the following information for each such regulated agent, known consignor and account consignor: — the company details, including the bona fide business address, — the nature of the business, excluding business sensitive information, — contact details, including those of the person(s) responsible for security, — the company registration number, if applicable. The database shall be available for inspection. 6.8.3.2. For third country account consignors from which it directly accepts consignments the ACC3 shall ensure that the requirements of points 6.5.2 to 6.5.6 are met. Third country Authorised Economic Operator — AEO certificates may only be recognised for third countries with which the Union has concluded an AEO Mutual Recognition agreement. 6.8.4. Non-compliance 6.8.4.1. 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 and request comments; (b) promptly inform the Commission and other Member States, as appropriate. 6.8.4.2. The Commission may, in accordance with the regulatory procedure referred to in Article 19(2) of Regulation (EC) No 300/2008 then decide that the carrier may 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. 6.8.4.3. An air carrier whose recognition as an ACC3 has been withdrawn in accordance with point 6.8.4.2 shall not be reinstated or included in the Union database of regulated agents or known consignors until an independent validator 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.