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

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.

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

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 Commission Implementing Decision C(2015) 8005.

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 from the area to be searched 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 Commission Implementing Decision C(2015) 8005.

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 Commission Implementing Decision C(2015) 8005.

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:

(a)

flight number; and

(b)

origin of the previous flight.

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

(c)

date and time that the aircraft security search was completed; and

(d)

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, each of its external doors shall be protected against unauthorised access by:

(a)

ensuring that persons seeking to gain unauthorised access are challenged promptly; or

(b)

having the external door closed. Where the aircraft is in a critical part, external doors that are not accessible by a person 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 by a person; or

(c)

having electronic means which will immediately detect unauthorised access; or;

(d)

having an electronic airport identification card access system at all doors leading directly to the passenger boarding bridge, adjacent to an open aircraft door, which only allows access for persons that are trained in accordance with point 11.2.3.7. Such persons must ensure that unauthorised access is prevented, during their use of the door.

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 by a person.

3.2.2.2 Where access aids are removed for doors that are not accessible by a person 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 Commission Implementing Decision C(2015) 8005.

ATTACHMENT 3-A

AIRCRAFT SECURITY SEARCH

Detailed provisions for an aircraft security search are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 3-B

AIRCRAFT SECURITY

THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.

As regards aircraft security, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards:

• United States of America

• Faroe Islands, in regard to Vagar airport

• Greenland, in regard to Kangerlussuaq airport

• Guernsey

• Jersey

• Isle of Man

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 or other country or territory concerned 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 or other country or territory concerned is re-established.