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

Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (Text with EEA relevance)

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9.1SECURITY CONTROLS

9.1.1 Security controls — general provisions
9.1.1.1Airport supplies shall be screened before being allowed into security restricted areas, unless:
(a)

the required security controls have been applied to the supplies by an airport operator that delivers these to its own airport and the supplies have been protected from unauthorised interference from the time that those controls were applied until delivery to the security restricted area; or

(b)

the required security controls have been applied to the supplies by a known supplier or regulated supplier and the supplies have been protected from unauthorised interference from the time that those controls were applied until delivery to the security restricted area.

9.1.1.2Airport supplies which originate in the security restricted area may be exempted from these security controls.
9.1.1.3Where there is any reason to believe that airport supplies to which security controls have been applied have been tampered with or have not been protected from unauthorised interference from the time that those controls were applied, they shall be screened before being allowed into security restricted areas.
9.1.2 Screening
9.1.2.1When screening airport supplies, the means or method employed shall take into consideration the nature of the supply and shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the supply.
9.1.2.2The screening of airport supplies shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.
9.1.2.3The following means or method of screening, either individually or in combination, shall be applied:
(a)

visual check;

(b)

hand search;

(c)

x-ray equipment;

(d)

EDS equipment;

(e)

ETD equipment in combination with point (a);

(f)

explosive detection dogs in combination with point (a).

Where the screener cannot determine whether or not the item contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

9.1.3 Designation of known suppliers
9.1.3.1Any entity (‘the supplier’) that ensures the security controls as referred to in point 9.1.4 and delivers airport supplies shall be designated as a known supplier by the airport operator.
9.1.3.2In order to be designated as a known supplier, the supplier must provide the airport operator with:
(a)

the ‘Declaration of commitments — known supplier of airport supplies’ as contained in Attachment 9-A. This declaration shall be signed by the legal representative; and

(b)

the security programme covering the security controls as referred to in point 9.1.4.

9.1.3.3All known suppliers must be designated on the basis of validations of:
(a)

the relevance and completeness of the security programme in respect of point 9.1.4; and

(b)

the implementation of the security programme without deficiencies.

If the appropriate authority or the airport operator is no longer satisfied that the known supplier complies with the requirements of point 9.1.4, the airport operator shall withdraw the status of known supplier without delay.

9.1.3.4The appropriate authority shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 if the validations of the security programme and its implementation shall be performed by a national auditor, an EU aviation security validator, or a person acting on behalf of the airport operator appointed and trained for that purpose.

Validations must be recorded and if not otherwise stated in this legislation, must take place before designation and repeated every 2 years thereafter.

If the validation is not done on behalf of the airport operator any record thereof must be made available to it.

9.1.3.5The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:
(a)

an on-site visit of the supplier every 2 years; or

(b)

regular checks upon access to the security restricted area of supplies delivered by that known supplier, starting after the designation, including:

  • a verification that the person delivering supplies on behalf of the known supplier was properly trained; and

  • a verification that the supplies are properly secured; and

  • screening of the supplies in the same way as supplies coming from an unknown supplier.

These checks must be carried out in an unpredictable manner and take place at least either once every three months or on 20 % of the known supplier's deliveries to the airport operator.

Option (b) may only be used if the appropriate authority defined in its national civil aviation security programme that the validation shall be performed by a person acting on behalf of the airport operator.

9.1.3.6The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the airport operator.
9.1.3.7The airport operator shall keep:
(a)

a list of all known suppliers it has designated indicating the expiry date of their designation, and

(b)

the signed declaration, a copy of the security programme, and any reports recording its implementation for each known supplier, at least until 6 months after the expiry of its designation.

Upon request, these documents shall be made available to the appropriate authority for compliance monitoring purposes.

9.1.4 Security controls to be applied by a known supplier or airport operator
9.1.4.1A known supplier of airport supplies or airport operator delivering airport supplies to the security restricted area shall:
(a)

appoint a person responsible for security in the company; and

(b)

ensure that persons with access to airport supplies receive general security awareness training in accordance with point 11.2.7 before being given access to these supplies; and

(c)

prevent unauthorised access to its premises and airport supplies; and

(d)

reasonably ensure that no prohibited articles are concealed in airport supplies; and

(e)

apply tamper-evident seals to, or physically protect, all vehicles and/or containers that transport airport supplies.

Point (e) shall not apply during airside transportation.

9.1.4.2If a known supplier uses another company that is not a known supplier to the airport operator for transporting supplies to the airport, the known supplier shall ensure that all security controls listed in this point are adhered to.

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