Article 1U.K.Objectives

1.This Regulation establishes F1... rules to protect civil aviation against acts of unlawful interference that jeopardise the security of civil aviation.

It also provides the basis for [F2an] interpretation of Annex 17 to the Chicago Convention on International Civil Aviation.

2.The means of achieving the objectives set out in paragraph 1 shall be:

(a)the setting of F3... rules and F3... basic standards on aviation security;

(b)mechanisms for monitoring compliance.

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Article 2U.K.Scope

1.This Regulation shall apply to the following:

(a)all airports or parts of airports located in the [F4United Kingdom] that are not exclusively used for military purposes;

(b)all operators, including air carriers, providing services at airports referred to in point (a);

(c)all entities applying aviation security standards that operate from premises located inside or outside airport premises and provide goods and/or services to or through airports referred to in point (a).

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Article 3U.K.Definitions

For the purposes of this Regulation:

1.

‘civil aviation’ means any air operation carried out by civil aircraft, excluding operations carried out by State aircraft referred to in Article 3 of the Chicago Convention on International Civil Aviation;

2.

‘aviation security’ means the combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference that jeopardise the security of civil aviation;

3.

‘operator’ means a person, organisation or enterprise engaged, or offering to engage, in an air transport operation;

4.

‘air carrier’ means an air transport undertaking holding a valid operating licence or equivalent;

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6.

‘entity’ means a person, organisation or enterprise, other than an operator;

7.

‘prohibited articles’ means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises the security of civil aviation;

8.

‘screening’ means the application of technical or other means which are intended to identify and/or detect prohibited articles;

9.

‘security control’ means the application of means by which the introduction of prohibited articles may be prevented;

10.

‘access control’ means the application of means by which the entry of unauthorised persons or unauthorised vehicles, or both, may be prevented;

11.

‘airside’ means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is restricted;

12.

‘landside’ means those parts of an airport, adjacent terrain and buildings or portions thereof that are not airside;

13.

‘security restricted area’ means that area of airside where, in addition to access being restricted, other aviation security standards are applied;

14.

‘demarcated area’ means an area that is separated by means of access control either from security restricted areas, or, if the demarcated area itself is a security restricted area, from other security restricted areas of an airport;

15.

‘background check’ means a recorded check of a person’s identity, including any criminal history, as part of the assessment of an individual’s suitability for unescorted access to security restricted areas;

16.

‘transfer passengers, baggage, cargo or mail’ means passengers, baggage, cargo or mail departing on an aircraft other than that on which they arrived;

17.

‘transit passengers, baggage, cargo or mail’ means passengers, baggage, cargo or mail departing on the same aircraft as that on which they arrived;

18.

‘potentially disruptive passenger’ means a passenger who is either a deportee, a person deemed to be inadmissible for immigration reasons or a person in lawful custody;

19.

‘cabin baggage’ means baggage intended for carriage in the cabin of an aircraft;

20.

‘hold baggage’ means baggage intended for carriage in the hold of an aircraft;

21.

‘accompanied hold baggage’ means baggage, carried in the hold of an aircraft, which has been checked in for a flight by a passenger travelling on that same flight;

22.

‘air carrier mail’ means mail whose origin and destination are both an air carrier;

23.

‘air carrier materials’ means materials either whose origin and destination are both an air carrier or that are used by an air carrier;

24.

‘mail’ means dispatches of correspondence and other items, other than air carrier mail, tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union;

25.

‘cargo’ means any property intended for carriage on an aircraft, other than baggage, mail, air carrier mail, air carrier materials and in-flight supplies;

26.

‘regulated agent’ means an air carrier, agent, freight forwarder or any other entity who ensures security controls in respect of cargo or mail;

27.

‘known consignor’ means a consignor who originates cargo or mail for its own account and whose procedures meet F7... security rules and standards sufficient to allow carriage of cargo or mail on any aircraft;

28.

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29.

‘aircraft security check’ means an inspection of those parts of the interior of the aircraft to which passengers may have had access, together with an inspection of the hold of the aircraft in order to detect prohibited articles and unlawful interferences with the aircraft;

30.

‘aircraft security search’ means an inspection of the interior and accessible exterior of the aircraft in order to detect prohibited articles and unlawful interferences that jeopardise the security of the aircraft;

31.

‘in-flight security officer’ means a person who is employed by a state to travel on an aircraft of an air carrier licensed by it with the purpose of protecting that aircraft and its occupants against acts of unlawful interference that jeopardise the security of the flight.

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Article 4U.K.F9... Basic standards

1.The F10... basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation shall be as laid down in the Annex.

[F11Additional basic standards not foreseen at the entry into force of this Regulation may be added to the Annex by regulations made by the Secretary of State.]

2.[F12General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.]

These general measures shall concern:

(a)methods of screening allowed;

(b)categories of articles that may be prohibited;

(c)as regards access control, grounds for granting access to airside and security restricted areas;

(d)methods allowed for the examination of vehicles, aircraft security checks and aircraft security searches;

(e)criteria for recognising the equivalence of security standards of third countries;

(f)conditions under which cargo and mail shall be screened or subjected to other security controls, as well as the process for the approval or designation of regulated agents, known consignors and account consignors;

(g)conditions under which air carrier mail and air carrier materials shall be screened or subjected to other security controls;

(h)conditions under which in-flight supplies and airport supplies shall be screened or subjected to other security controls, as well as the process for the approval or designation of regulated suppliers and known suppliers;

(i)criteria for defining critical parts of security restricted areas;

(j)criteria for staff recruitment and methods of training;

(k)conditions under which special security procedures or exemptions from security controls may be applied; and

(l)any general measures designed to amend non-essential elements of the F13... basic standards referred to in paragraph 1 by supplementing them not foreseen at the date of entry into force of this Regulation.

F14...

3.[F15Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.]

These shall include:

(a)requirements and procedures for screening;

(b)a list of prohibited articles;

(c)requirements and procedures for access control;

(d)requirements and procedures for the examination of vehicles, aircraft security checks and aircraft security searches;

(e)decisions to recognise the equivalence of security standards applied in [F16another] country;

(f)as regards cargo and mail, procedures for the approval or designation of, and the obligations to be fulfilled by, regulated agents, known consignors and account consignors;

(g)requirements and procedures for security controls of air carrier mail and air carrier materials;

(h)as regards in-flight supplies and airport supplies, procedures for the approval or designation of, and the obligations to be fulfilled by, regulated suppliers and known suppliers;

(i)definition of critical parts of security restricted areas;

(j)staff recruitment and training requirements;

(k)special security procedures or exemptions from security controls;

(l)technical specifications and procedures for approval and use of security equipment; and

(m)requirements and procedures concerning potentially disruptive passengers.

4.[F17The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.]

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5.[F19The appropriate authority] shall ensure the application in [F20the United Kingdom] of the F21... basic standards referred to in paragraph 1. Where [F22the appropriate authority] has reason to believe that the level of aviation security has been compromised through a security breach, it shall ensure that appropriate and prompt action is taken to rectify that breach and ensure the continuing security of civil aviation.

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Article 5U.K.Security costs

[F23The Secretary of State] may determine in which circumstances, and the extent to which, the costs of security measures taken under this Regulation to protect civil aviation against acts of unlawful interference should be borne by the State, the airport entities, air carriers, other responsible agencies, or users. If appropriate, [F24the Secretary of State] may contribute with users to the costs of more stringent security measures taken under this Regulation. As far as may be practicable, any charges or transfers of security costs shall be directly related to the costs of providing the security services concerned and shall be designed to recover no more than the relevant costs involved.

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Article 6U.K.More stringent measures F25...

1.[F26The Secretary of State] may apply more stringent measures than the F27... basic standards referred to in Article 4. In doing so, [F28the Secretary of State] shall act on the basis of a risk assessment F29.... Τhose measures shall be relevant, objective, non-discriminatory and proportional to the risk that is being addressed.

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F31Article 7U.K.Security measures required by third countries

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F32Article 8U.K.Cooperation with the International Civil Aviation Organisation

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Article 9U.K.Appropriate authority

[F33The Secretary of State is designated as the] authority (hereinafter referred to as the appropriate authority) to be responsible for the coordination and monitoring of the implementation of the F34... basic standards referred to in Article 4.

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Article 10U.K.National civil aviation security programme

1.[F35The appropriate authority] shall draw up, apply and maintain a national civil aviation security programme.

That programme shall define responsibilities for the implementation of the F36... basic standards referred to in Article 4 and shall describe the measures required by operators and entities for this purpose.

2.The appropriate authority shall make available in writing on a ‘need to know’ basis the appropriate parts of its national civil aviation security programme to operators and entities which it deems to have a legitimate interest.

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Article 11U.K.National quality control programme

1.[F37The appropriate authority] shall draw up, apply and maintain a national quality control programme.

That programme shall enable the [F38appropriate authority] to check the quality of civil aviation security in order to monitor compliance both with this Regulation and with its national civil aviation security programme.

2.[F39The specifications for the national quality control programme may be prescribed by regulations made by the Secretary of State.]

F40...

The programme shall allow for the swift detection and correction of deficiencies. It shall also provide that all airports, operators and entities responsible for the implementation of aviation security standards that are located in the [F41United Kingdom] shall be regularly monitored directly by, or under the supervision of, the appropriate authority.

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Article 12U.K.Airport security programme

1.Every airport operator shall draw up, apply and maintain an airport security programme.

That programme shall describe the methods and procedures which are to be followed by the airport operator in order to comply both with this Regulation and with the national civil aviation security programme F42....

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is to be monitored by the airport operator.

2.The airport security programme shall be submitted to the appropriate authority, which may take further action if appropriate.

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Article 13U.K.Air carrier security programme

1.Every air carrier shall draw up, apply and maintain an air carrier security programme.

That programme shall describe the methods and procedures which are to be followed by the air carrier in order to comply both with this Regulation and with the national civil aviation security programme F43....

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is to be monitored by the air carrier.

2.Upon request, the air carrier security programme shall be submitted to the appropriate authority, which may take further action if appropriate.

3.[F44Where an air carrier security programme has been validated by the entity granting an operating licence, the air carrier should be recognised as having fulfilled the requirements of paragraph 1.] This is without prejudice to [F45the Secretary of State's] right to request from any air carrier details of its implementation of:

(a)the security measures applied by [F46the Secretary of State] under Article 6; and/or

(b)local procedures that are applicable at the airports served.

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Article 14U.K.Entity security programme

1.Every entity required under the national civil aviation security programme referred to in Article 10 to apply aviation security standards shall draw up, apply and maintain a security programme.

That programme shall describe the methods and procedures which are to be followed by the entity in order to comply with the national civil aviation security programme F47....

The programme shall include internal quality control provisions describing how compliance with these methods and procedures is to be monitored by the entity itself.

2.Upon request, the security programme of the entity applying aviation security standards shall be submitted to the appropriate authority, which may take further action if appropriate.

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Article 15U.K.F48... Inspections

1.[F49The appropriate authority] shall conduct inspections, including inspections of airports, operators and entities applying aviation security standards, in order to monitor the application F50... of this Regulation and, as appropriate, to make recommendations to improve aviation security. F51...

[F52The procedures for conducting inspections may be prescribed by regulations made by the Secretary of State.]

2.F53... Inspections of airports, operators and entities applying aviation security standards shall be unannounced. F54...

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[F56Article 15AU.K.Parliamentary procedure

1.Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2.Regulations made by the Secretary of State under Articles 4(1), (2) or (4) or 11(2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

3.Regulations made by the Secretary of State under any other provision in this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.

4.Regulations made under this Regulation may—

(a)make different provision for different purposes or areas;

(b)include supplementary, incidental or consequential provision;

(c)make transitional, transitory or saving provision.]

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F57Article 16U.K.Annual report

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F57Article 17U.K.Stakeholders’ Advisory Group

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F57Article 18U.K.Dissemination of information

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F57Article 19U.K.Committee procedure

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F57Article 20U.K.Agreements between the Community and third countries

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F57Article 21U.K.Penalties

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F57Article 22U.K.Commission report on financing

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Article 23U.K.Repeal

Regulation (EC) No 2320/2002 is hereby repealed.

Article 24U.K.Entry into force

1.This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

2.It shall apply as from the date specified in the implementing rules adopted in accordance with the procedures referred to in Article 4(2) and (3), but not later than 24 months after the entry into force of this Regulation.

3.By way of exception to paragraph 2, Articles 4(2), 4(3), 4(4), 8, 11(2), 15(1) second subparagraph, 17, 19 and 22 shall apply from the date of entry into force of this Regulation.

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