(22)

the following point 6.8.7 is added: ‘6.8.7 Pre-Loading Advance Cargo Information (PLACI) 6.8.7.1 Pursuant to Article 186 of Implementing Regulation (EU) 2015/2447, the PLACI shall be carried out before departure from a third country, upon receipt by the customs authority of the first point of entry, of the minimum dataset of the entry summary declaration referred to in Article 106(2) and (2a) of Commission Delegated Regulation (EU) 2015/2446 ( * ) 6.8.7.2 In the course of the PLACI and where there are reasonable grounds for the customs office of first entry to suspect that a consignment entering the customs territory of the Union by air could pose a serious threat to civil aviation, that consignment shall be treated as high risk cargo or mail (HRCM) in accordance with point 6.7. 6.8.7.3 The air carrier, operator, entity or person in a third country other than those listed in Attachment 6-F and Iceland, shall, upon receipt of a notification from the customs office of first entry requiring a consignment to be treated as high risk cargo or mail (HRCM) in accordance with point 6.8.7.2: (a) implement in respect of the specific consignment, the security controls listed in points 6.7.3 and 6.7.4 of the Annex to Implementing Decision C(2015) 8005, in case of an ACC3 or an RA3 approved for the performance of such security controls; (b) ensure that an ACC3 or an RA3 approved for the performance of such security controls complies with the provisions laid down in point (a). Information to the customs office of first entry shall be provided in case the consignment is to be tendered or it has been tendered to another operator, entity or authority for the application of the security controls. Such other operator, entity or authority shall ensure the implementation of the security controls referred to in point (a) and confirm to the air carrier, operator, entity or person from which the consignment was received, both the implementation of such security controls and the results thereof; (c) confirm to the customs office of first entry both the implementation of the security controls referred to in point (a) and the results thereof. Points (a) and (b) of the first paragraph shall not apply in case the requested security controls have been previously implemented. However, should there be specific threat information that has only become available after the implementation of the previous security controls, the air carrier, operator, entity or person may be requested to repeat the security controls by using specific means and methods, and provide confirmation as set out in point (c) of the first paragraph. The air carrier, operator, entity or person may be made aware of any element and information necessary in order to effectively meet the security objective. 6.8.7.4 Air carriers, operators, entities or persons in a third country listed in Attachment 6-F or in Iceland, that receive a notification from the customs office of first entry requiring a consignment to be treated as high risk cargo or mail (HRCM) in accordance with point 6.8.7.2, shall: (a) implement, in respect of the specific consignment, at least the security controls established by ICAO Annex 17 for High Risk Cargo or Mail (**); (b) ensure that the requirements of point (a) are fulfilled by an operator, entity or authority approved by the relevant appropriate authority in the third country for the performance of such security controls. Information to the customs office of first entry shall be provided in case the consignment is to be tendered or it has been tendered to another operator, entity or authority for the application of the security controls. Such other operator, entity or authority shall ensure the implementation of the security controls referred to in point (a) and confirm to the air carrier, operator, entity or person from which the consignment was received, both the implementation of such security controls and the results thereof; (c) confirm to the customs office of first entry both the implementation of the security controls referred to in point (a) and the results thereof. Points (a) and (b) of the first paragraph shall not apply in case the requested security controls have been previously implemented. However, should there be specific threat information that has only become available after the implementation of the previous security controls, the air carrier, operator, entity or person may be requested to repeat the security controls by using specific means and methods, and provide confirmation as set out in point (c) of the first paragraph. The air carrier, operator, entity or person may be made aware of any element and information necessary in order to effectively meet the security objective. 6.8.7.5 In the course of the PLACI and where there are reasonable grounds for the customs office of first entry to suspect that a consignment entering the customs territory of the Union by air poses a serious threat to security, leading it to issue a do not load notification, that consignment shall not be loaded on board of an aircraft, or off-loaded, as applicable. 6.8.7.6 The air carrier, operator, entity or person in a third country that receives a notification from the customs office of first entry requiring a consignment not to be loaded on board of an aircraft in accordance with point 6.8.7.5, shall: (a) ensure that the consignment in its possession is not loaded on board an aircraft, or it is immediately off-loaded in case the consignment is already on board the aircraft; (b) provide confirmation that it has fulfilled the request to the customs office of first entry in the customs territory of the Union; (c) cooperate with the relevant authorities of the Member State of the customs office of first entry; (d) inform the appropriate authority for civil aviation security of the State where the air carrier, operator, entity or person receiving the notification is located and of the third country where the consignment is currently located, if different. 6.8.7.7 Should the consignment be already with another air carrier, operator or entity along the supply chain, the air carrier, operator, entity or person receiving the do not load notification laid down in point 6.8.7.5 shall immediately inform such other air carrier, operator, entity or person that it shall: (a) ensure compliance with the provisions of points (a), (c) and (d) of point 6.8.7.6; (b) confirm the application of point (b) of point 6.8.7.6 to the air carrier, operator, entity or person that received the notification laid down in point 6.8.7.5. 6.8.7.8 Should the aircraft be already airborne with a consignment on board for which the customs office of first entry had notified, pursuant to point 6.8.7.5, that a consignment must not be loaded, the air carrier, operator, entity or person receiving the notification shall immediately inform: (a) the relevant authorities of the Member State referred to in point (c) of point 6.8.7.6 for the purpose of informing and liaising with the relevant authorities of the Member State of first overflight in the Union; (b) the appropriate authority for civil aviation security of the third country where the air carrier, operator, entity or person receiving the notification is located and of the third country from which the flight has departed, if different. 6.8.7.9 Following the notification received from the customs office of first entry that has issued a notification as laid down in point 6.8.7.5, the appropriate authority of the same Member State shall, as applicable, implement or ensure the implementation thereof, or cooperate in any subsequent actions, including the coordination with the authorities of the third country of departure and where applicable in the country or countries of transit and/or transfer, the relevant security contingency protocols in accordance with the Member State’s national civil aviation security programme and the international standards and recommended practices regulating crisis management and response to acts of unlawful interference. 6.8.7.10 The air carrier, operator, entity or person in a third country that receives a notification issued by the customs authority of a third country implementing a Pre-Loading Advance Cargo Information scheme in adherence to the principles set out by the World Customs Organisation’s SAFE Framework of Standards, shall ensure the implementation of the requirements laid down in points 6.8.7.3 and 6.8.7.4 and in points 6.8.7.6, 6.8.7.7, 6.8.7.8. This point applies only in respect of consignments of cargo or mail fulfilling any of the criteria below: (a) they are carried for transit or transfer at a Union airport before reaching the final destination at an airport based in the third country of the notifying customs authority; (b) they are carried for transit or transfer at a Union airport before having another transit or transfer at an airport based in the third country of the notifying customs authority. For the purposes of the requirements set out in points 6.8.7.6(c) and 6.8.7.8(a), the air carrier, operator, entity or person receiving the notification in a third country, shall immediately inform the relevant authorities of the Member State of first landing in the Union. Should the aircraft be already airborne, the information shall be provided to the relevant authorities of the Member State of first overflight in the Union that shall ensure the implementation of the actions referred to in point 6.8.7.9, in coordination with the relevant authorities of the Member State of first landing in the Union. The relevant authorities of both the Member State of first overflight in the Union and of the Member State of first landing in the Union shall inform the respective customs authority. (*) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1)." (**) Air carriers, operators and entities in Iceland shall apply points 6.7.3 and 6.7.4 of the Annex to Implementing Decision C(2015) 8005.’;"