Commission Implementing Regulation (EU) 2015/1998Dangos y teitl llawn

1. AIRPORT SECURITY U.K.

1.0 GENERAL PROVISIONS U.K.

1.0.1 Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter. U.K.

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. U.K.

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.

[F1 1.0.3 Without prejudice to the criteria for derogations as set out in Part K of the Annex to Commission Regulation (EC) No 272/2009 (1) , 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 is not more than one aircraft 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.] U.K.

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).

1.0.4 For the purposes of this Annex ‘items carried by persons other than passengers’ refers to the belongings intended for the personal use of the person that carries them. U.K.

1.0.5 References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 final(2) include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, the Title VI of Part Three of that Treaty does not apply. U.K.

1.1 AIRPORT PLANNING REQUIREMENTS U.K.

1.1.1 Boundaries U.K.

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. U.K.

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. U.K.

1.1.2 Security restricted areas U.K.

1.1.2.1 Security restricted areas shall include at least the following: U.K.

(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. U.K.

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. U.K.

1.1.3 Critical parts of security restricted areas U.K.

[F1 1.1.3.1 Critical parts shall be established at airports where more than 60 persons hold airport identification cards giving access to security restricted areas.] U.K.

1.1.3.2 Critical parts shall include at least the following: U.K.

(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 points (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. U.K.

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. U.K.

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.

1.2 ACCESS CONTROL U.K.

1.2.1 Access to airside U.K.

1.2.1.1 Access to airside may only be authorised if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason. U.K.

1.2.1.2 In order to be granted access to airside a person shall carry an authorisation. U.K.

1.2.1.3 In order to be granted access to airside a vehicle shall display a vehicle pass. U.K.

1.2.1.4 Persons who are airside shall, upon request, present their authorisation for control. U.K.

1.2.2 Access to security restricted areas U.K.

1.2.2.1 Access to security restricted areas may only be granted if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason. U.K.

1.2.2.2 In order to be granted access to security restricted areas a person shall present one of the following authorisations: U.K.

(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 national appropriate 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. U.K.

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. U.K.

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: U.K.

(a)

an electronic system which limits access to one person at a time; or

(b)

authorised persons implementing access control.

The appropriate authority may define in its national aviation security programme that the limitation to one person at a time under point (a) does not apply at access points exclusively used by law enforcement officers.

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. U.K.

1.2.2.7 Access to security restricted areas shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.2.3 Requirements for Union crew identification cards and airport identification cards U.K.

1.2.3.1 A crew identification card of a crew member employed by a Union 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. U.K.

1.2.3.2 Crew and airport identification cards shall be issued for a period not exceeding five years. U.K.

1.2.3.3 The identification card of a person who fails a background check shall be immediately withdrawn. U.K.

1.2.3.4 The identification card shall be worn in a visible place at least whenever the holder is in security restricted areas. U.K.

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: U.K.

(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. U.K.

1.2.3.7 An electronic card shall be immediately disabled following return, expiry, withdrawal or notification of loss, theft or failure to return. U.K.

1.2.3.8 Union crew identification cards and airport identification cards shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.2.4 Supplementary requirements for Union crew identification cards U.K.

1.2.4.1 A crew identification card of a crew member employed by a Union air carrier shall display: U.K.

(a)

the name and photograph of the holder; and

(b)

the name of the air carrier; and

(c)

the word ‘crew’ in English; and

(d)

the expiry date.

1.2.5 Supplementary requirements for airport identification cards U.K.

1.2.5.1 An airport identification card shall display: U.K.

(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. U.K.

1.2.6 Requirements for vehicle passes U.K.

1.2.6.1 A vehicle pass may only be issued where an operational need has been established. U.K.

1.2.6.2 A vehicle pass shall be specific to the vehicle and display: U.K.

(a)

the areas for which it is authorised to have access; and

(b)

the expiry date.

[ F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).

[F1 1.2.6.3 An electronic vehicle pass shall, either: U.K.

(a)

be fixed to the vehicle in a manner which ensures that it is non-transferable; or

(b)

be linked to the registered vehicle user through a secure vehicle registration database.

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. Electronic vehicle passes shall also be electronically readable in security restricted areas.]

1.2.6.4 The vehicle pass shall be displayed in a visible place whenever the vehicle is airside. U.K.

1.2.6.5 The vehicle pass shall be returned immediately to the issuing entity: U.K.

(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. U.K.

1.2.6.7 An electronic vehicle pass shall be immediately disabled following return, expiry or notification of loss, theft or failure to return. U.K.

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. U.K.

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. U.K.

1.2.7 Escorted access U.K.

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: U.K.

(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; and

(d)

distances between the terminal or access point and the aircraft on which crew members have arrived or will depart.

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 that person is escorted at all times when in security restricted areas. A person may be exempted from the requirement to be escorted if that person displays an authorisation and is a holder of a valid airport identification card. U.K.

1.2.7.3 An escort shall: U.K.

(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. U.K.

1.2.7.5 Whenever a passenger does not travel as a result of an air carriage contract resulting in the delivery of a boarding pass or equivalent, a crew member escorting this passenger may be exempted from the requirements of point 1.2.7.3(a). U.K.

1.2.8 Other exemptions U.K.

Other exemptions shall be subject to provisions laid down in Commission Implementing Decision C(2015) 8005.

1.3 SCREENING OF PERSONS OTHER THAN PASSENGERS AND ITEMS CARRIED U.K.

1.3.1 Screening of persons other than passengers and items carried U.K.

1.3.1.1 Persons other than passengers shall be screened by one of the following means: U.K.

(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;

(f)

explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment.

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. U.K.

1.3.1.3 Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening of persons other than passengers or in unpredictable alternation with hand searches, WTMD or security scanners. U.K.

1.3.1.4 Items carried by persons other than passengers shall be screened by one of the following means: U.K.

(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 and 4.1.2.11 shall apply to the screening of items carried by persons other than passengers. U.K.

1.3.1.6 Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening of items carried by persons other than passengers or in unpredictable alternation with hand searches, x-ray equipment or EDS equipment. U.K.

1.3.1.7 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. U.K.

[F1 1.3.1.8 Animals used for operational needs and handled by a person carrying a valid airport identification card shall be subjected to a visual check before access to security restricted areas is granted.] U.K.

[F3 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 Commission Implementing Decision C(2015) 8005.] U.K.

Textual Amendments

F3 Inserted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).

1.3.2 Exemptions and special screening procedures U.K.

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. U.K.

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. U.K.

1.3.2.3 Exemptions and special screening procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.4 EXAMINATION OF VEHICLES U.K.

1.4.1 Vehicles entering critical parts U.K.

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. U.K.

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. U.K.

1.4.1.3 There shall be defined methodologies to ensure the randomness of selection of the areas to be examined. U.K.

1.4.1.4 Vehicles entering critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.4.2 Vehicles entering security restricted areas other than critical parts U.K.

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. U.K.

1.4.2.2 There shall be defined methodologies to ensure the randomness of selection of both vehicles and the areas to be examined. U.K.

1.4.2.3 Vehicles entering security restricted areas other than critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.4.3 Methods of examination U.K.

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. U.K.

1.4.3.2 The following methods may only be used as a supplementary means of examination: U.K.

(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 Commission Implementing Decision C(2015) 8005. U.K.

1.4.4 Exemptions and special examination procedures U.K.

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. U.K.

1.4.4.2 Exemptions and special examination procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005. U.K.

1.5 SURVEILLANCE, PATROLS AND OTHER PHYSICAL CONTROLS U.K.

1.5.1 Surveillance or patrols shall be undertaken in order to monitor: U.K.

(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.

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: U.K.

(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.

1.5.3 Surveillance and patrols shall not follow a predictable pattern. The validity of identification cards shall be checked on a random basis. U.K.

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. U.K.

1.6 PROHIBITED ARTICLES U.K.

1.6.1 Persons other than passengers shall not be permitted to carry into security restricted areas the articles listed in Attachment 1-A. U.K.

1.6.2 An exemption to point 1.6.1 may be granted on condition that the person is authorised to carry prohibited articles into security restricted areas in order to undertake tasks that are essential for the operation of airport facilities or of aircraft, or for performing in-flight duties. U.K.

1.6.3 In order to allow reconciliation of the person authorised to carry one or more articles as listed in Attachment 1-A with the article carried: U.K.

(a)

the person shall have an authorisation and shall carry it. The authorisation shall either be indicated on the identification card that grants access to security restricted areas or on a separate declaration in writing. The authorisation shall indicate the article(s) that may be carried, either as a category or as a specific article. If the authorisation is indicated on the identification card, then it shall be recognisable on a need-to-know basis; or

(b)

a system shall be in place at the security checkpoint indicating which persons are authorised to carry which article(s), either as a category or as a specific article.

[F1 1.6.4 Reconciliation shall be performed before the person is allowed to carry the article(s) concerned into security restricted areas and upon being challenged by persons performing surveillance or patrols under point (c) of point 1.5.1.] U.K.

1.6.5 Articles as listed in Attachment 1-A may be stored in security restricted areas provided they are kept in secure conditions. Articles as listed in points (c), (d) and (e) of Attachment 4-C may be stored in security restricted areas provided they are not accessible to passengers. U.K.

ATTACHMENT 1-A U.K.

PERSONS OTHER THAN PASSENGERS U.K.

LIST OF PROHIBITED ARTICLES U.K.

(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)

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.

(d)

any other article capable of being used to cause serious injury and which is not commonly used in security restricted areas, e.g. martial arts equipment, swords, sabres, etc.

(1)

[F1 Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council ( OJ L 91, 3.4.2009, p. 7 ).]

(2)

Commission Implementing Decision C(2015) 8005 final laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008, and repealing Decision (2010) 774 of 13 April 2010.

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).