Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (Text with EEA relevance)
Date: 2008-08-08
Institutions: European Commission
Subjects: air safety, air transport, approximation of laws, civil aviation, technical specification

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COMMISSION REGULATION (EC) No 820/2008

of 8 August 2008

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

amendments to Regulation (EC) No 622/2003 have
to such
this provision will
stipulated that
amendments.

apply

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 2320/2002 of
the
European Parliament and the Council of 16 December 2002
establishing common rules
in the field of civil aviation
security (1) and in particular Article 4(2) thereof,

Whereas:

(1)

(2)

(3)

The Commission is required, by virtue of Article 4(2) of
Regulation (EC) No 2320/2002, when necessary,
to
the implementation of common
adopt measures for
the
basic standards
Community.
No
622/2003 of 4 April 2003 laying down measures for
the implementation of the common basic standards on
aviation security (2) was the first act laying down such
measures.

for aviation security throughout

Commission

Regulation

(EC)

Regulation (EC) No 622/2003 has been amended 14
times since its adoption. In the interests of clarity and
rationality
all
is
amendments into a new regulation.

appropriate

consolidate

to

it

the

adopted by

implementing measures

Article 8(1) of Regulation (EC) No 2320/2002 provides
that
the
Commission pursuant to Article 4(2) of that regulation
shall be secret and not be published when they relate to
performance criteria and acceptance tests for equipment,
to detailed procedures concerning sensitive information
or
to detailed criteria for exemption from security
measures. Article 3 of Regulation (EC) No 622/2003
further provides that
the implementing measures set
out in its Annex shall be secret, not be published and
be made available only to persons duly authorised by a
Subsequent
Member

Commission.

State

the

or

(4)

(5)

(6)

(7)

In order to improve the transparency of the implemen­
ting measures which it has adopted so far pursuant to
Article 4(2) of Regulation (EC) No 2320/2002,
the
Commission has reviewed the measures contained in
the Annex to Regulation (EC) No 622/2003, as succes­
sively amended,
in the light of the criteria set out in
Article 8(1) of Regulation (EC) No 2320/2002. This
review has shown that many of those measures need
not be kept secret and should therefore be published in
the Official Journal of the European Union.

and

procedures,

exemptions

It remains essential, nevertheless, to keep secret certain
measures, the disclosure of which could facilitate their
circumvention and the perpetration of acts of unlawful
interference. Such measures include, in particular, certain
therefrom,
detailed
concerning the screening of vehicles entering security
restricted areas, the search of aircraft and of passengers,
the treatment of disruptive passengers, the screening of
unaccompanied hold baggage and of hold baggage using
explosive detection systems and the control of cargo and
mail, as well as the technical specifications for screening
equipment. These measures should be adopted separately,
by means of a decision addressed to all Member States.

A distinction should be permitted between airports in the
light of local risk assessment. Therefore, the Commission
should be informed of airports that are considered to
present a smaller risk.

to the

Implementing measures should also be permitted to vary
according
aviation activity. The
Commission should be informed when compensatory
measures are applied to ensure equivalent
levels of
security.

type of

(1) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation
(EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1, as corrected by OJ
L 229, 29.6.2004, p. 3).

(2) OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation

(EC) No 358/2008 (OJ L 111, 23.4.2008, p. 5).

(8)

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

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HAS ADOPTED THIS REGULATION:

Article 1

Objective

intends to allow, enclosing an
new method or process it
assessment indicating how it shall guarantee that the application
of the new method or process will meet the requirement of
point (b) of paragraph 1. The notification shall also contain
detailed information on the location(s) where the method or
process will be used and the intended length of the evaluation
period.

technical

This Regulation lays down measures for the implementation
and
standards
of
regarding aviation security to be incorporated into national
civil aviation security programmes.

adaptation

common

basic

Article 2

Definitions

For the purposes of this Regulation the following definitions
shall apply:

— ‘national civil aviation security programme’ shall mean those
adopted by the
regulations, practices
Member States pursuant to Article 5 of Regulation (EC)
No 2320/2002, to ensure civil aviation security on their
territory,

and procedures

If

3.
the Commission gives the Member State a positive
reply, or if no reply is received within three months upon
receipt of
the Member State may then
allow the introduction of the new method or process.

the written request,

sufficient guarantees

the Commission is not satisfied that

the proposed new
If
the
method or process provides
level of aviation security will be maintained in the
overall
Community then the Commission shall
inform the Member
State thereof within three months of receipt of the notification
referred to in paragraph 2, explaining its concerns. In such a
circumstance the Member State concerned shall not commence
with the method or process until
satisfied the
Commission.

it has

that

— ‘appropriate authority’ shall mean the national authority
designated by a Member State pursuant to Article 5(2) of
Regulation (EC) No 2320/2002 to be responsible for the
coordination and monitoring of the implementation of its
national civil aviation security programme.

The maximum evaluation period for

each technical
4.
method or process
shall be 18 months. This evaluation
period may be extended by the Commission by a maximum
of a further 12 months on condition that the Member State
provides adequate justification for the extension.

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

Article 3

At

intervals of no more than six months during the
5.
evaluation period,
the appropriate authority in the Member
State concerned shall provide the Commission with a progress
report on the evaluation. The Commission shall
inform the
other Member States of the contents of the progress report.

Article 4

New technical methods and processes

6.

No evaluation period may be longer than 30 months.

1. Member States may allow a technical method or process
for security controls that is used in place of those laid down in
the Annex, provided that:

Article 5

Notification

(a)

it is being used for the purpose of evaluating a new way of
performing the security control concerned; and

Member States shall inform the Commission in writing of all
airports in respect of which they have availed themselves of the
option permitted under either point
(c) of
Article 4(3) of Regulation (EC) No 2320/2002.

(a) or point

(b) it will not negatively affect the overall level of security being

attained.

2.
Member
Commission and the other Member States of

At least four months before its planned introduction the
the
the proposed

inform in writing

concerned

State

shall

Article 6

Compensatory measures

Member States shall
inform the Commission in writing of
compensatory measures that are applied in accordance with
point 4.2 of the Annex to Regulation (EC) No 2320/2002.

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Commission Regulation (EC) No 622/2003 is repealed.

Article 7

Article 8

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

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

Done at Brussels, 8 August 2008.

For the Commission

Antonio TAJANI
Vice-President

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ANNEX (1)

1. DEFINITIONS

In addition to the definitions laid down in the Annex to Regulation (EC) No 2320/2002, the following definitions shall
apply:

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

‘ACAMS’ means an Access Control and Alarm Monitoring System which shall electronically control access to
doors, gates and other entry points leading directly or indirectly to security restricted areas, and which shall alarm
relevant authority when an unauthorised entry has taken place;

‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by
air from, or to the airport in question, as defined in Article 2 of Council Directive 96/67/EC (2);

‘ground handling’ means the services provided to airport users at airports as described in the Annex to Directive
96/67/EC;

‘air carrier’ means an air transport undertaking with a valid operating licence, which is conducting flight
operations;

‘service panel’ means an aircraft external access point used for providing aircraft services; such panels include
water, lavatory, ground electrical outlets and other service compartments that have external clip-down panels;

‘aircraft not in service’ means an aircraft that is either parked for a period of more than 12 hours or is not under
surveillance sufficient to detect unauthorised access.

2. AIRPORT SECURITY

2.1.

Airport planning requirements

No provisions in this Regulation.

2.2.

Access control

2.2.1.

Security restricted areas and other airside areas

1. The appropriate authority shall ensure that access to security restricted areas is controlled.

Where non-security restricted airside areas are adjacent to, and enable access to security restricted areas,
boundaries and controls sufficient to detect unauthorised access and take appropriate measures shall be
established.

2. The appropriate authority authorising access to security restricted areas shall ensure that all staff with access to

these areas execute strict access control measures. These measures shall include:

(a) staff with airport identification for access to security restricted areas shall be familiar with airport and
approved non-airport issued identification, and where these are valid for access to security restricted areas;

(b) staff shall challenge or report to the appropriate authority all persons in security restricted areas that do

not display valid identification;

(c) staff shall challenge or report to the appropriate authority all unauthorised vehicles that are observed in

security restricted areas.

(1) This Annex follows the same structure and numbering as in the Annex to Regulation (EC) No 2320/2002. Where no provision is
enacted by this Regulation for the implementation or technical adaptation of the common basic standards then this is indicated
explicitly under the corresponding heading.

(2) OJ L 272, 25.10.1996, p. 36.

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3. The appropriate authority shall ensure in the national civil aviation security programme that airport identi­

fication cards enabling access to security restricted areas are controlled as follows:

(a) airport identification cards shall limit staff access to areas designated by operational needs only;

(b) upon termination or change of employment status, an employee’s airport identification card shall be

returned to the airport authority and destroyed;

(c)

the holder is required to inform immediately their employer and the issuing authority of the loss or theft
of their airport identification card. Following notification the airport identification card shall be im-
mediately disabled.

4. The appropriate authority shall ensure that access doors used for deplaning purposes only, which allow for

access to ramp or security restricted areas shall remain open only during the deplaning process.

5. Security screening checkpoints shall be protected by guards or adequate surveillance equipment, in order to
deter and prevent security breaches at security checkpoint entry and exit lanes, and extend protection to staff
involved in the screening process.

6. Materials stored in security restricted areas and other airside areas which are used for the purposes of
passenger and hold baggage processing shall be protected or be under surveillance at all times in order to
prevent unauthorised access. Discarded materials shall be destroyed to ensure that they are not used by
unauthorised persons.

Departure control systems and check-in systems at airports shall be controlled to prevent unauthorised access.

Self check-in and applicable Internet options allowed for use by passengers shall be considered as authorised
access to such materials or systems.

2.2.2.

Terminal areas

The requirements laid down in point 2.2.1.6 shall also apply to terminal areas that are open to the public.

2.2.3. Other public areas

No provisions in this Regulation.

2.3.

Screening of staff, items carried and vehicles

2.3.1.

Screening of staff and items carried

Security staff may refuse any member of staff in possession of an article over which they have concern access to a
security restricted area.

2.3.2.

Screening of vehicles

1. Vehicles shall be examined in order to detect prohibited articles and unauthorised persons.

2. The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes

place.

2.3.3.

Security procedures for supplies of liquids and tamper-evident bags

G e n e r a l p r o v i s i o n s

1.

2.

‘Supplies of liquids’ shall be considered as liquids for sale at outlets located either in an airside area beyond the
point where boarding passes are controlled or in a security restricted area, from their first reception on airside
until their delivery to such outlets.

‘Supplies of tamper-evident bags’ shall be considered as tamper-evident bags for use at outlets located in an
airside area beyond the point where boarding passes are controlled, from their first reception on airside and
until their final use.

C h e c k s o n s u p p l i e s

No provisions in this Regulation.

K n o w n s u p p l i e r

No provisions in this Regulation.

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T a m p e r - e v i d e n t b a g s

3. Supplies of tamper-evident bags shall be delivered in tamper-evident packing to outlets located in an airside

area beyond the point where boarding passes are controlled.

4. After reception at such outlets and until their final use, supplies of tamper-evident bags shall be protected

against unauthorised interference.

2.4.

Physical security and patrols

No provisions in this Regulation.

3.1.

Searching and checking aircraft

3. AIRCRAFT SECURITY

The air carrier shall ensure that staff conducting an aircraft security search and aircraft security check shall be
familiar with the aircraft type being controlled and shall have undergone appropriate training on performing such
activities.

3.1.1. Aircraft security check

Upon completion of an aircraft security check, a record shall be kept by the air carrier for 24 hours or the
duration of the flight, whichever is longer.

3.1.2. Aircraft security search

1. Upon completion of an aircraft security search, a record shall be kept by the air carrier for 24 hours or the

duration of the flight, whichever is longer.

2. An aircraft security search shall be conducted in an empty aircraft cabin.

3.2.

Protection of aircraft

The air carrier shall be responsible for establishing protection of its aircraft.

4. PASSENGERS AND CABIN BAGGAGE

4.1.

Screening of passengers

4.1.1.

Prohibited articles

1. Passengers are not permitted to carry the following articles into the security restricted area and the cabin of an

aircraft:

(a) G u n s ,

f i r e a r m s a n d w e a p o n s

Any object capable, or appearing capable, of discharging a projectile or causing injury, including:

— all firearms (pistols, revolvers, rifles, shotguns etc.),

— replica and imitation firearms,

— component parts of firearms (excluding telescopic sighting devices and sights),

— air pistols, rifles and pellet guns,

— signal flare pistols,

— starter pistols,

— toy guns of all types,

— ball-bearing guns,

— industrial bolt and nail guns,

— crossbows,

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— catapults,

— harpoon and spear guns,

— animal humane killers,

— stun or shocking devices (e.g. cattle prods, ballistic conducted energy weapons (taser)),

— lighters shaped like a firearm.

(b) P o i n t e d / e d g e d w e a p o n s a n d s h a r p o b j e c t s

Pointed or bladed articles capable of causing injury, including:

— axes and hatchets,

— arrows and darts,

— crampons,

— harpoons and spears,

— ice axes and ice picks,

— ice skates,

— lockable or flick knives with blades of any length,

— knives, including ceremonial knives, with blades of more than 6 cm, made of metal or any other material

strong enough to be used as a potential weapon,

— meat cleavers,

— machetes,

— open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge),

— sabres, swords and swordsticks,

— scalpels,

— scissors with blades more than 6 cm in length,

— ski and walking/hiking poles,

— throwing stars,

— tradesmen’s tools that have the potential to be used as a pointed or edged weapon (e.g. drills and drill bits,
box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches/spanners, blow­
torches).

(c) B l u n t

i n s t r u m e n t s

Any blunt instrument capable of causing injury, including:

— baseball and softball bats,

— clubs or batons — rigid or flexible (e.g. billy clubs, blackjacks, nightsticks and batons),

— cricket bats,

— golf clubs,

— hockey sticks,

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— lacrosse sticks,

— kayak and canoe paddles,

— skateboards,

— billiard, snooker and pool cues,

— fishing rods,

— martial arts equipment (e.g. knuckledusters, clubs, coshes, rice flails, num chucks, kubatons, kubasaunts).

(d) E x p l o s i v e s a n d f l a m m a b l e s u b s t a n c e s

Any explosive or highly combustible substances which pose a risk to the health of passengers and crew or the
security/safety of aircraft or property, including:

— ammunition,

— blasting caps,

— detonators and fuses,

— explosives and explosive devices,

— replica or imitation explosive material or devices,

— mines and other explosive military stores,

— grenades of all types,

— gas and gas containers (e.g. butane, propane, acetylene, oxygen) in large volume,

— fireworks, flares (in any form) and other pyrotechnics (including party poppers and toy caps),

— non-safety matches,

— smoke generating canisters or cartridges,

— flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol),

— aerosol spray paint,

— turpentine and paint thinner,

— alcoholic beverages exceeding 70 % by volume (140 % proof).

(e) C h e m i c a l a n d t o x i c s u b s t a n c e s

Any chemical or toxic substances which pose a risk to the health of passengers and crew or the security or
safety of aircraft or property, including:

— acids and alkalis (e.g. spillable ‘wet’ batteries),

— corrosive or bleaching substances (e.g. mercury, chlorine),

— disabling or incapacitating sprays (e.g. mace, pepper spray, tear gas),

— radioactive material (e.g. medicinal or commercial isotopes),

— poisons,

— infectious or biological hazardous material (e.g. infected blood, bacteria and viruses),

— material capable of spontaneous ignition or combustion,

— fire extinguishers.

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(f) L i q u i d s

Liquids, unless in individual containers with a capacity not greater than 100 millilitres or equivalent and
contained in one transparent resealable plastic bag of a capacity not exceeding one litre. The contents of the
plastic bag shall fit comfortably and the bag shall be completely closed. Liquids include gels, pastes, lotions,
liquid/solid mixtures and the contents of pressurised containers, e.g. toothpaste, hair gel, drinks, soups, syrups,
perfume, shaving foam, aerosols and other items of similar consistency.

Exemptions may be granted if the liquid is:

1. 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 the passenger shall provide proof of authenticity of the
exempted liquid; or

2. 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 liquid is
packed in a bag that is both tamper evident and displays satisfactory proof of purchase at that airport on
that day; or

3. obtained in the security restricted area from outlets that are subject to approved security procedures as part

of the airport security programme; or

4. obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper

evident and displays satisfactory proof of purchase at airside at that airport on that day; or

5. obtained on board an aircraft of a Community air carrier, on condition that the liquid is packed in a bag
that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day;
or

6. obtained from outlets located in an airside area beyond the point where boarding passes are controlled or
in a security restricted area in an airport situated in a third country listed in Attachment 1. The
in accordance with the procedure referred to in Article 9(2) of Regulation
Commission may decide,
(EC) No 2320/2002,
the
following conditions are met:

to include in Attachment 1 an airport of a third country, provided that

— the third country has a good record of cooperation with the Community and its Member States, and

— the Commission has recognised after verification that:

(a)

the third country applies satisfactory standards of aviation security; and

(b) security measures are applied at the airport equivalent to those set out in paragraph 2.3.3 of this

Annex and paragraph 2.3.6 of the Commission Decision of 8 August 2008 (1); and

(c)

the recommended security control guidelines of the International Civil Aviation Organisation for
screening liquids, gels and aerosols are implemented at the airport, as laid down in the state letter
of 1 December 2006 (Reference: AS 8/11-06/100 Confidential) and in the state letter of 30 March
2007 (Reference: AS 8/11-07/26 Confidential) or, in the case of tamper-evident bags, equivalent
specifications; and

(d) the tamper-evident bag in which the liquid is placed displays satisfactory proof of purchase on

airside at the third country airport within the preceding 36 hours.

2. A passenger may be exempted from the requirements of point 4.1.1.1 provided that:

(a) The appropriate authority has been informed in advance and given consent that the article(s) may be

carried; and

(b) The captain of the aircraft has been informed about the passenger and the prohibited article(s) he/she is

carrying.

Where appropriate the prohibited article(s) shall be placed in secure conditions.

(1) Decision not yet published in the Official Journal.

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3. The list of prohibited articles referred to in point 4.1.1.1 and information about the exemptions permitted

shall be made available to the public.

4. The appropriate authority may prohibit articles in addition to those covered by point 4.1.1.1. The appropriate
authority shall make reasonable efforts to inform passengers of such articles before they have completed the
hold baggage check-in procedure.

5. Unless prohibited under point 5.2.3.1, articles prohibited under points 4.1.1.1 or 4.1.1.4 may be carried in
hold baggage, provided that passengers have no unsupervised access to such baggage from the point at which
the baggage is checked in to the point where it is reclaimed at arrival.

6. Security staff may refuse access to a security restricted area and the cabin of an aircraft any passenger in

possession of an article not contained in point 4.1.1.3 over which they have concern.

4.1.2. Calibration of walk-through metal detection equipment

No provisions in this Regulation.

4.1.3.

Screening of passengers with reduced mobility

No provisions in this Regulation.

4.1.4.

Security provisions for potentially disruptive passengers

1. Specific security measures shall be introduced for the air transport of the following groups of potentially

disruptive passengers:

(a) Deportees:

— persons who had legally been admitted to a Member State by its authorities or who had entered a
Member State illegally, and who at some later time are formally ordered by the Authorities to leave
that Member State.

(b) Inadmissible persons:

— persons whose entry to a Member State is refused by the competent authorities and who are being
transported back to their country of departure, or to any other country where the persons are
admissible.

(c) Persons in lawful custody:

— persons either under arrest or convicted by a court of law who have to be transported.

2. The competent authorities shall notify the air carrier concerned in sufficient time in writing when they plan to

embark potentially disruptive passengers.

3. The written notification to the air carrier and to the pilot-in-command shall contain the following details:

— identity of the person,

— reason for transportation,

— name and title of escort(s), if provided,

— risk assessment by the competent authorities (including reasons for escort or non-escort),

— prior seating arrangement, if required, and

— nature of available document(s).

4. Specific security measures shall be introduced for unruly passengers. Unruly passengers are persons who
commit on board a civil aircraft, from the moment when the aircraft door is closed prior to take-off to
the moment when it is reopened after landing, an act of:

— assault, intimidation, menace or wilful recklessness which endangers good order or the safety of property

or persons,

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— assault,

intimidation, menace or interference with a crew member in performance of duties or which

lessens ability to perform duties,

— wilful recklessness or damage to an aircraft, its equipment, or attendant structures and equipment such as

to endanger good order and safety of the aircraft or its occupants,

— communication of information which is known to be false, thereby endangering the safety of an aircraft in

flight,

— disobedience of lawful commands or instructions for safe, orderly or efficient operations.

5. Persons in lawful custody shall always be escorted.

4.2.

Separation of passengers

In the event that a part of the air terminal facilities located between the security screening checkpoints and the
point of boarding aircraft has been used by arriving passengers not screened to the detail contained in Regulation
(EC) No 2320/2002, this area shall be searched to ensure that no prohibited articles are left behind before any
boarding of screened passengers take place.

4.3.

Screening of cabin baggage

1. All liquids shall be presented at screening points for examination.

2. Portable computers and other large electrical items shall be removed from cabin baggage before screening is

performed and screened separately.

3. Coats and jackets of passengers shall be screened as a separate piece of cabin baggage.

4.3.1.

Screening of cabin baggage using high definition x-ray equipment with TIP installed and employed

No provisions in this Regulation.

4.4.

Screening of diplomats

No provisions in this Regulation.

5.1.

Reconciliation of hold baggage

No provisions in this Regulation.

5.2.

Screening of hold baggage

5.2.1. Accompanied hold baggage

5. HOLD BAGGAGE

1. The air carrier shall ensure that every passenger travels on the same flight as their checked hold baggage.

Where this is not the case, that hold baggage shall be considered as unaccompanied baggage.

2. The appropriate authority shall set out in its national civil aviation security programme detailed procedures

how the screening objective shall be met in case of screening equipment failure.

5.2.2. Unaccompanied hold baggage

An air carrier accepting unaccompanied hold baggage from another air carrier shall obtain a written record that
the security controls detailed in the Annex to Regulation (EC) No 2320/2002 were carried out for this hold
baggage prior to acceptance for carriage.

5.2.3. Articles prohibited from hold baggage

1. The following articles shall not be placed in hold baggage:

— explosives, including detonators, fuses, grenades, mines and explosives,

— gases, including propane and butane,

— flammable liquids, including gasoline and methanol,

— flammable solids and reactive substances, including magnesium, firelighters, fireworks and flares,

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— oxidisers and organic peroxides, including bleach and car body repair kits,

— toxic or infectious substances, including rat poison and infected blood,

— radioactive material, including medicinal or commercial isotopes,

— corrosives, including mercury and vehicle batteries,

— vehicle fuel system components which have contained fuel.

2. The list of prohibited articles referred to in point 5.2.3.1 shall be made available to the public at the agencies

of air carriers and through other appropriate means.

3. The appropriate authority may prohibit articles in addition to those covered by point 5.2.3.1. The appropriate

authority shall make reasonable efforts to inform passengers of such articles.

4. Security staff may refuse the transportation of hold baggage containing an article not covered by point 5.2.3.1

over which they have concern.

5.2.4.

Screening of hold baggage using explosive detection systems (EDS)

No provisions in this Regulation.

5.2.5.

Screening of accompanied hold baggage using conventional x-ray equipment with TIP installed and employed

No provisions in this Regulation.

5.3.

Protection of hold baggage

1. Access to the baggage make-up and storage areas shall be limited to those staff having an operational
requirement to enter the area. These shall include those involved in the loading, unloading and protection
of hold baggage and persons authorised by the appropriate authority to be allowed access to the baggage
make-up and storage areas.

2. Passengers may be allowed access to their own items of screened hold baggage where this is necessary

provided that they are supervised throughout to ensure that no prohibited item is:

(a)

introduced into the hold baggage; or

(b) removed from the hold baggage and introduced into the aircraft cabin or security restricted area.

6. CARGO, COURIER AND EXPRESS PARCELS

6.1.

Application

For the purpose of this Regulation:

‘account consignor’ means a consignor whose consignments can be positively identified for carriage exclusively
on all-cargo aircraft, as referred to in point 6.5 of the Annex to Regulation (EC) No 2320/2002.

6.2.

Qualifications for a regulated agent

D e s i g n a t i o n , a p p r o v a l o r l i s t i n g b y t h e a p p r o p r i a t e a u t h o r i t y

6.2.1.

In order for an entity to be designated, approved or listed by the appropriate authority as a regulated agent,
Member States shall ensure that the following procedure is implemented:

(a) The entity shall apply to the appropriate authority of the Member State in which it is located for the status of

regulated agent.

The applicant shall submit a security programme to the appropriate authority. The programme shall describe the
methods and procedures which are to be followed by the agent in order to comply both with this Regulation and
with the national civil aviation security programme of the Member State in which it is located. The programme
shall also describe how compliance with these methods and procedures is to be monitored by the agent itself.

The applicant shall also submit a written declaration of its commitment to maintain the standards of security set
out in its programme and to notify the appropriate authority promptly of any changes in its programme. This
shall be signed by the legal representative or by the person responsible for security.

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(b) The appropriate authority shall examine the security programme to ensure that the security measures laid
down in the programme meet the required standard. The appropriate authority then shall make an on-site
verification at those premises of the applicant to be covered in order to assess whether the applicant is able to
comply both with this Regulation and with the national civil aviation security programme of the Member
State in which the premises are located.

(c)

If the appropriate authority is satisfied with the information provided under points (a) and (b),
designate, approve or list the agent as a regulated agent for specified sites.

it may

This procedure shall apply at the latest from 1 March 2008.

6.2.2. An inspection by the appropriate authority at the premises of the regulated agent may be considered as an on-site

verification for the purposes of point 6.2.1(b).

6.2.3.

If the appropriate authority is no longer satisfied that the regulated agent is able to comply both with this
Regulation and with its national civil aviation security programme, it shall withdraw the status of regulated agent.

6.3.

Security controls

6.3.1. When screening cargo in accordance with point 6.3.1(b) of the Annex to Regulation (EC) No 2320/2002, agents

or air carriers shall:

(a) employ the means or method most likely to detect prohibited articles, taking into consideration the nature of

the consignment; and

(b) ensure that the means or method employed is of, or to, a standard sufficient to ensure that no prohibited

articles are concealed in the cargo.

6.3.2. The appropriate authority shall notify the Commission of all other means, as referred to in point 6.3.1(b) under

(iv) of the Annex to Regulation (EC) No 2320/2002, which it allows for screening cargo.

6.4.

Criteria for a known consignor

6.4.1. The declaration of the known consignor as referred to in point 6.4.1(b) of the Annex to Regulation (EC) No

2320/2002 shall be made once a year in writing and using a standardised national format.

The declaration shall include the certification that consignments do not contain any prohibited articles as listed in
points (iv) and (v) of the Attachment, as referred to in point 6.4.1(c) under (i) of the Annex to Regulation (EC) No
2320/2002.

The known consignor shall accept full responsibility for its declaration.

6.4.2. When a consignment contains any prohibited articles, the known consignor shall at all times certify in writing to

the regulated agent or air carrier that the consignment contains such articles.

6.4.3.

If the known consignor is no longer able to comply with its obligations, then the status of known consignor shall
be withdrawn by the appropriate authority or the regulated agent or air carrier responsible for the validation.

6.5.

Carriage on all-cargo aircraft

6.5.1.

In order for a regulated agent or air carrier to designate an entity as an account consignor, Member States shall
ensure that the following procedure is implemented:

(a) The entity shall submit a signed declaration of commitments, stating that it:

— confirms receipt of national instructions on security of premises, staff and transport,

— ensures that the national

instructions on security are communicated to staff working at its premises,

— keeps cargo secure until it is handed over to the regulated agent or air carrier,

— accepts that consignments may be subject to security controls, including screening, and

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— accepts unannounced inspections by the appropriate authority at its premises in order to assess whether

the account consignor complies with the national instructions.

The entity shall designate at least one person responsible for security at its premises and shall
regulated agent or air carrier of this person’s name and contact details.

inform the

(b) The regulated agent or air carrier shall establish the following details of the entity:

— the company details, including the bona fide business address,

— the nature of the business,

— contact details, including those of the person(s) responsible for security,

— VAT reference number or company registration number, and

— bank account.

(c)

If the regulated agent or air carrier is satisfied with the information provided under points (a) and (b), then
the entity may be designated as an account consignor.

6.5.2. The regulated agent or air carrier shall maintain a database with the information referred to in point 6.5.1(b). The

database shall be available for inspection by the appropriate authority.

6.5.3.

If a regulated agent or air carrier is no longer satisfied that the account consignor is able to comply with the
national instructions, it shall withdraw the status of account consignor.

No provisions in this Regulation.

7. MAIL

No provisions in this Regulation.

8. AIR CARRIER MAIL AND MATERIALS

9. AIR CARRIER CATERING STORES AND SUPPLIES

No provisions in this Regulation.

10. AIR CARRIER CLEANING, STORES AND SUPPLIES

No provisions in this Regulation.

No provisions in this Regulation.

11. GENERAL AVIATION

12.1. National Aviation Security Training Programme

12. STAFF RECRUITMENT AND TRAINING

The National Aviation Security Training Programme shall
unruly passengers.

include training requirements for the handling of

12.2.

Security staff

12.2.1. Air carrier and airport security management

1. The appropriate authority shall ensure that each Community airport and air carrier shall have suitably
qualified security management. The appropriate authority shall ensure that there is an adequate security
management organisation. Senior managers responsible for the security compliance of air carriers or
airports shall posses the necessary levels of qualification, knowledge and experience, this shall include:

(a) experience in aviation security operations; or

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(b) experience from other security related fields, such as law enforcement, military or other; and

(c) certification or equivalent approval by the appropriate authority; and

(d) knowledge in the following areas:

— security systems and access control,

— ground and in-flight security,

— weapons and prohibited articles,

— overview of terrorism.

12.3. Other staff

No provisions in this Regulation

13. TECHNICAL SPECIFICATIONS FOR SCREENING EQUIPMENT

No provisions in this Regulation.

Attachment 1

Airport(s) from which flights depart to Community airports:
— Singapore (SIN) airport,
— Croatia:

Dubrovnik (DBV) airport

Rijeka (RJK) airport

Pula (PUY) airport

Split (SPU) airport

Zadar (ZAD) airport

Zagreb (ZAG) airport.