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

6.3 REGULATED AGENTS U.K.

6.3.1 Approval of regulated agents U.K.

6.3.1.1 Regulated agents shall be approved by the appropriate authority. U.K.

The approval as a regulated agent shall be site specific.

Any entity that applies security controls as referred to in point 6.3.2 shall be approved as a regulated agent. This includes third party logistics providers responsible for integrated warehousing and transportation services, air carriers and handling agents.

A regulated agent may subcontract one or more of the following:

(a)

any of the security controls referred to in point 6.3.2 to another regulated agent;

(b)

any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out at the regulated agent's own site or at an airport, and are covered by the regulated agent's or airport security programme;

(c)

any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out elsewhere than at the regulated agent's own site or at an airport, and the entity has been certified or approved and listed for the provision of these services by the appropriate authority;

(d)

the protection and transportation of consignments to a haulier that meets the requirements of point 6.6.

6.3.1.2 The following procedure shall apply for the approval of regulated agents: U.K.

(a)

the applicant shall seek approval from the appropriate authority of the Member State in which the sites included in the application are located.

The applicant shall submit a security programme to the appropriate authority concerned. The programme shall describe the methods and procedures which are to be followed by the agent in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The programme shall also describe how compliance with these methods and procedures is to be monitored by the agent itself. An air carrier security programme which describes the methods and procedures to be followed by the air carrier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts shall be regarded as meeting the requirement for a regulated agent security programme.

The applicant shall also submit the ‘Declaration of commitments — regulated agent’ as contained in Attachment 6-A. This declaration shall be signed by the applicant's legal representative or by the person responsible for security.

The signed declaration shall be retained by the appropriate authority concerned;

(b)

the appropriate authority or an EU aviation security validator acting on its behalf shall examine the security programme and then make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.

Except for the requirements laid down in point 6.2, an examination of the site of the applicant by the relevant customs authority in accordance with Article 14n of Commission Regulation (EEC) No 2454/93(1) shall be considered as an on-site verification if it took place not earlier than 3 years before the date on which the applicant seeks approval as a regulated agent. The AEO certificate and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection.

(c)

if the appropriate authority is satisfied with the information provided under points (a) and (b), it shall ensure that the necessary details of the agent are entered into the ‘Union database on supply chain security’ not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format.

If the appropriate authority is not satisfied with the information provided under points (a) and (b) then the reasons shall promptly be notified to the entity seeking approval as a regulated agent;

(d)

a regulated agent shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’.

6.3.1.3 A regulated agent shall designate at least one person at each site who shall be responsible for the implementation of the submitted security programme. This person shall have successfully completed a background check in accordance with point 11.1. U.K.

6.3.1.4 A regulated agent shall be re-validated at regular intervals not exceeding 5 years. This shall include an on-site verification in order to assess whether the regulated agent still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts. U.K.

An inspection at the premises of the regulated agent by the appropriate authority in accordance with its national quality control programme may be considered as an on-site verification, provided that it covers all the requirements necessary for approval.

Except for the requirements laid down in point 6.2, an examination of the site of the regulated agent by the relevant customs authority according to Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.

6.3.1.5 If the appropriate authority is no longer satisfied that the regulated agent complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of regulated agent for the specified site(s). U.K.

If the entity is no longer a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93 or if this AEO certificate is suspended due to non-compliance with Article 14k of that Regulation, the appropriate authority shall undertake appropriate action to satisfy itself that the regulated agent complies with the requirements of Regulation (EC) No 300/2008.

The entity shall inform the appropriate authority of any changes related to its AEO certificate referred to in point (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93.

Immediately after withdrawal, and in all cases within 24 hours, the appropriate authority shall ensure that the former regulated agent's change of status is indicated in the ‘Union database on supply chain security’.

6.3.1.6 Without prejudice to the right of each Member State to apply more stringent measures in accordance with Article 6 of Regulation (EC) No 300/2008, a regulated agent approved in accordance with point 6.3 of this Annex shall be recognised in all Member States. U.K.

6.3.1.7 The requirements of point 6.3.1, other than 6.3.1.2(d), shall not apply when the appropriate authority itself is to be approved as a regulated agent. U.K.

6.3.1.8 The appropriate authority shall make available to the customs authority any information related to the status of a regulated agent which could be relevant in respect of holding an AEO certificate as referred to in points (b) or (c) of Article 14a(1) of Regulation (EEC) No 2454/93. This shall include the information related to new approvals of regulated agents, withdrawal of the regulated agent status, revalidation and inspections, verification schedules and outcomes of these assessments. U.K.

Modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.

6.3.2 Security controls to be applied by a regulated agent U.K.

6.3.2.1 When accepting any consignments, a regulated agent shall establish whether the entity from which it receives the consignments is a regulated agent, a known consignor, an account consignor or none of these. U.K.

[F1 6.3.2.2 The regulated agent or air carrier shall ask the person delivering any consignments to present an identity card, passport, driving licence or other document, which includes his or her photograph and which has been issued or is recognised by the national authority. The card or document shall be used to establish the identity of the person delivering the consignments.] 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).

6.3.2.3 The regulated agent shall ensure that consignments to which not all required security controls have previously been applied are: U.K.

(a)

screened in accordance with point 6.2; or

(b)

accepted for storage under the regulated agent's exclusive responsibility, not identifiable as shipment for carriage on an aircraft before selection, and selected autonomously without any intervention of the consignor or any person or entity other than those appointed and trained by the regulated agent for that purpose.

Point (b) may only be applied if it is unpredictable for the consignor that the consignment is to be transported by air.

[F1 6.3.2.4 After the security controls referred to in points from 6.3.2.1 to 6.3.2.3 of this Annex and point 6.3 of the Annex to Commission Implementing Decision C(2015) 8005 have been applied, the regulated agent shall ensure the protection of cargo and mail in accordance with point 6.6.] U.K.

6.3.2.5 After the security controls referred to in points 6.3.2.1 to 6.3.2.4 have been applied, the regulated agent shall ensure that any consignment tendered to an air carrier or another regulated agent is accompanied by appropriate documentation, either in the form of an air waybill or in a separate declaration and either in an electronic format or in writing. U.K.

6.3.2.6 The documentation referred to in point 6.3.2.5 shall be available for inspection by the appropriate authority at any point before the consignment is loaded on to an aircraft and afterwards for the duration of the flight or for 24 hours, whichever is the longer and shall provide all of the following information: U.K.

(a)

the unique alphanumeric identifier of the regulated agent as received from the appropriate authority;

(b)

a unique identifier of the consignment, such as the number of the (house or master) air waybill;

(c)

the content of the consignment, except for consignments listed in points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005;

(d)

the security status of the consignment, stating:

• ‘SPX’, meaning secure for passenger, all-cargo and all-mail aircraft, or

• ‘SCO’, meaning secure for all-cargo and all-mail aircraft only, or

• ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements;

(e)

[F1 the reason why the security status was issued, stating:

(i)

‘ KC ’ , meaning received from known consignor; or

(ii)

‘ AC ’ , meaning received from account consignor; or

(iii)

‘ RA ’ , meaning selected by a regulated agent; or

(iv)

the means or method of screening used, as follows:

• hand search (PHS);

• X-ray equipment (XRY);

• EDS equipment (EDS);

• explosive detection dogs (EDD)

• ETD equipment (ETD);

• visual check (VCK);

• metal detection equipment (CMD);

• any other method (AOM) in accordance with point 6.2.1.6 where the method used shall be specified; or

(v)

the grounds for exempting the consignment from screening;]

(f)

the name of the person who issued the security status, or an equivalent identification, and the date and time of issue;

(g)

the unique identifier received from the appropriate authority, of any regulated agent who has accepted the security status given to a consignment by another regulated agent.

A regulated agent tendering consignments to another regulated agent or air carrier may also decide to only transmit the information required under points (a) to (e) and (g) and to retain the information required under point (f) for the duration of the flight(s) or for 24 hours, whichever is the longer.

6.3.2.7 In the case of consolidations, the requirements of points 6.3.2.5 and 6.3.2.6 shall be considered as met if: U.K.

(a)

the regulated agent performing the consolidation retains the information required under points 6.3.2.6(a) to (g) for each individual consignment for the duration of the flight(s) or for 24 hours, whichever is the longer; and

(b)

the documentation accompanying the consolidation includes the alphanumeric identifier of the regulated agent who performed the consolidation, a unique identifier of the consolidation and its security status.

Point (a) shall not be required for consolidations that are always subject to screening or exempted from screening in line with points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005 if the regulated agent gives the consolidation a unique identifier and indicates the security status and a single reason why this security status was issued.

6.3.2.8 When accepting consignments to which not all required security controls have previously been applied, the regulated agent may also elect not to apply the security controls as referred to in point 6.3.2, but to hand the consignments over to another regulated agent to ensure the application of these security controls. U.K.

6.3.2.9 A regulated agent shall ensure that all staff implementing security controls are recruited and trained in accordance with the requirements of Chapter 11 and all staff with access to identifiable air cargo or identifiable air mail to which the required security controls have been applied have been recruited and subject to security awareness training in accordance with the requirements of Chapter 11. U.K.

Security controls to be applied by a regulated agent shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

(1)

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).