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.
a part of an airport to which screened departing passengers have access; and
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
a part of an airport designated for the parking of aircraft to be boarded or loaded.
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.
all parts of an airport to which screened departing passengers have access; and
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.
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.
a valid boarding card or equivalent; or
a valid crew identification card; or
a valid airport identification card; or
a valid national appropriate authority identification card; or
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.
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.
an electronic system which limits access to one person at a time; or
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.
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.
upon request of the issuing entity; or
upon termination of employment; or
upon change of employer; or
upon change of the need to have access to areas for which an authorisation has been given; or
upon expiry of the card; or
upon withdrawal of the card.
the name and photograph of the holder; and
the name of the air carrier; and
the word ‘crew’ in English; and
the expiry date.
the name and photograph of the holder; and
the name of the employer of the holder, unless electronically programmed; and
the name of either the issuing entity or the airport; and
the areas for which the holder is authorised to have access; and
the expiry date, unless electronically programmed.
The names and areas of access may be replaced by an equivalent identification.
the areas for which it is authorised to have access; and
the expiry date.
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.
upon request of the issuing entity; or
when the vehicle is no longer to be used for access to airside; or
upon expiry of the pass, unless the pass is automatically invalidated.
areas where passengers may be present; and
areas in the immediate proximity of the aircraft on which they have arrived or will depart; and
areas designated for crews; and
distances between the terminal or access point and the aircraft on which crew members have arrived or will depart.
hold a valid identification card as referred to in point 1.2.2.2(c), (d) or (e); and
be authorised to escort in security restricted areas; and
have the escorted person or persons in direct line of sight at all times; and
reasonably ensure that no security breach is committed by the person or persons being escorted.
Other exemptions shall be subject to provisions laid down in Commission Implementing Decision C(2015) 8005.
hand search;
walk-through metal detection equipment (WTMD);
explosive detection dogs;
explosive trace detection (ETD) equipment;
security scanners which do not use ionising radiation;
explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment.
hand search;
x-ray equipment;
explosive detection systems (EDS) equipment;
explosive detection dogs;
explosive trace detection (ETD) equipment.
explosive detection dogs; and
explosive trace detection (ETD) equipment.
the boundaries between landside, airside, security restricted areas, critical parts and, where applicable, demarcated areas; and
areas of, and in proximity of, the terminal that are accessible to the public, including parking areas and roadways; and
the display and validity of persons' identification cards in security restricted areas other than those areas where passengers are present; and
the display and validity of vehicle passes when airside; and
hold baggage, cargo and mail, in-flight supplies and air carrier mail and materials in critical parts waiting to be loaded.
the size of the airport, including the number and nature of the operations; and
the layout of the airport, in particular the interrelationship between the areas established at the airport; and
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.
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
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.
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;
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;
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.
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.
No provisions in this Regulation.
How to perform an aircraft security search shall be subject to the provisions laid down in Commission Implementing Decision C(2015) 8005.
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:
flight number; and
origin of the previous flight.
Where an aircraft security search was performed, the information shall also include:
date and time that the aircraft security search was completed; and
the name and signature of the person responsible for the performance of the aircraft security search.
ensuring that persons seeking to gain unauthorised access are challenged promptly; or
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
having electronic means which will immediately detect unauthorised access; or;
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.
have access aids removed; or
be sealed; or
be locked; or
be monitored.
Point (a) shall not apply for a door that is accessible from the ground by a person.
Detailed provisions for an aircraft security search are laid down in Commission Implementing Decision C(2015) 8005.
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.
‘liquids, aerosols and gels’ (LAGs) shall include pastes, lotions, liquid/solid mixtures and the contents of pressurised containers, such as toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam and other items with similar consistencies;
‘security tamper-evident bag’ (STEB) is a bag that conforms to the recommended security control guidelines of the International Civil Aviation Organisation;
‘liquid explosive detection systems (LEDS) equipment’ is a piece of equipment capable of detecting threat materials that meets the provisions of point 12.7 of the Annex to Commission Implementing Decision C(2015) 8005.
hand search;
walk-through metal detection equipment (WTMD);
explosive detection dogs;
explosive trace detection (ETD) equipment;
security scanners which do not use ionising radiation;
ETD equipment combined with hand held metal detection (HHMD) equipment.
Where the screener cannot determine whether or not the passenger is carrying prohibited articles, the passenger shall be denied access to security restricted areas or rescreened to the screener's satisfaction.
security scanners shall not store, retain, copy, print or retrieve images. However, any image generated during the screening can be kept for the time needed for the human reviewer to analyse it and shall be deleted as soon as the passenger is cleared. Any unauthorised access and use of the image is prohibited and shall be prevented;
the human reviewer analysing the image shall be in a separate location so that he/she cannot see the screened passenger;
any technical devices capable of storing, copying or photographing or otherwise recording images shall not be allowed into the separate location where the image is analysed;
the image shall not be linked to any data concerning the screened person and his/her identity shall be kept anonymous;
a passenger may request that the image of his/her body is analysed by a human reviewer of the gender of his/her choice;
the image shall be blurred or obscured to prevent the identification of the face of the passenger.
Paragraphs (a) and (d) shall also apply to security scanners with automatic threat detection.
Passengers shall be entitled to opt out from a security scanner. In this case the passenger shall be screened by an alternative screening method including at least a hand search in accordance with Attachment 4-A of Commission Implementing Decision C(2015) 8005. When the security scanner alarms, the cause of the alarm shall be resolved.
Before being screened by a security scanner, the passenger shall be informed of the technology used, the conditions associated to its use and the possibility to opt out from a security scanner.
Before screening, LAGs shall be removed from cabin baggage and shall be screened separately from other items of cabin baggage, unless the equipment used for the screening of cabin baggage is also capable of screening multiple closed LAGs containers inside baggage.
Where LAGs have been removed from cabin baggage, the passenger shall present:
all LAGs in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent resealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed; and
all other LAGs, including STEBs containing LAGs.
Appropriate authorities, airlines and airports shall provide appropriate information to passengers in respect of the screening of LAGs at their airports.
a hand search;
x-ray equipment;
explosive detection systems (EDS) equipment;
explosive detection dogs in combination with point (a);
ETD equipment.
Where the screener cannot determine whether or not the cabin baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.
There shall be a supervisor responsible for screeners of cabin baggage in order to assure optimum team composition, quality of work, training, support and appraisal.
if the LAG is in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent resealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed;
if the LAG is sealed in a dedicated STEB upon purchase locally at the airport airside;
if the LAG in a STEB originates from another EU airport or an aircraft of an EU carrier and is resealed in a dedicated STEB before leaving the security restricted area of the airport;
if the LAG is screened locally with LEDS equipment airside and is then sealed in a dedicated STEB.
The exemptions referred to under points (c) and (d) shall expire on 31 December 2015.
be clearly identifiable as a STEB of that airport; and
display inside proof of purchase or resealing at that airport within the preceding period of three hours; and
be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.
The protection of passengers and cabin baggage shall be subject to the provisions laid down in Commission Implementing Decision C(2015) 8005.
identity and gender of the person; and
reason for transportation; and
name and title of escorts, if provided; and
risk assessment by the competent authority, including reasons to escort or not; and
prior seating arrangement, if required; and
the nature of the available travel documents.
The air carrier shall make this information available to the pilot in command prior to passengers boarding the aircraft.
the appropriate authority has given consent that the article may be carried; and
the air carrier has been informed about the passenger and the article that the passenger is carrying prior to passengers boarding the aircraft; and
the applicable safety rules are complied with.
These articles shall then be placed in secure conditions on board aircraft.
Detailed provisions for a hand search are laid down in Commission Implementing Decision C(2015) 8005.
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, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.
As regards passengers and cabin baggage, 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.
Without prejudice to applicable safety rules, passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft:
—
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;
—
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;
—
objects with a sharp point or sharp edge capable of being used to cause serious injury, including:
items designed for chopping, such as axes, hatchets and cleavers,
ice axes and ice picks,
razor blades,
box cutters,
knives with blades of more than 6 cm,
scissors with blades of more than 6 cm as measured from the fulcrum,
martial arts equipment with a sharp point or sharp edge,
swords and sabres;
—
tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:
crowbars,
drills and drill bits, including cordless portable power drills,
tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels,
saws, including cordless portable power saws,
blowtorches,
bolt guns and nail guns;
—
objects capable of being used to cause serious injury when used to hit, including:
baseball and softball bats,
clubs and batons, such as billy clubs, blackjacks and night sticks,
martial arts equipment;
—
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.
a hand search; or
x-ray equipment; or
explosive detection systems (EDS) equipment; or
explosive trace detection (ETD) equipment; or
explosive detection dogs.
Where the screener cannot determine whether or not the hold baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.
There shall be a supervisor responsible for screeners of hold baggage in order to assure optimum team composition, quality of work, training, support and appraisal.
no prohibited articles as listed in Attachment 5-B are introduced into the hold baggage; or
no prohibited articles as listed in Attachment 4-C are removed from the hold baggage and introduced into the security restricted areas or on board an aircraft.
the appropriate authority has national rules permitting carriage of the article; and
the applicable safety rules are complied with.
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, RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS.
As regards hold baggage, 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.
Passengers are not permitted to carry the following articles in their hold baggage:
—
explosives and incendiary substances and devices 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,
mines, grenades and other explosive military stores,
fireworks and other pyrotechnics,
smoke-generating canisters and smoke-generating cartridges,
dynamite, gunpowder and plastic explosives.
the required security controls have been applied to the consignment by a regulated agent and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
the required security controls have been applied to the consignment by a known consignor and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
the required security controls have been applied to the consignment by an account consignor, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or
the consignment is exempt from screening and has been protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.
the means or method most likely to detect prohibited articles shall be employed, taking into consideration the nature of the consignment; and
the means or method employed shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the consignment.
hand search;
x-ray equipment;
EDS equipment;
explosive detection dogs (EDD);
ETD equipment;
visual check;
metal detection equipment (MDE).
Where the screener cannot determine whether or not the cargo or mail contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.
Provisions for exemptions from screening are laid down in Commission Implementing Decision C(2015) 8005.
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:
any of the security controls referred to in point 6.3.2 to another regulated agent;
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;
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;
the protection and transportation of consignments to a haulier that meets the requirements of point 6.6.
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;
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(3) 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.
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;
a regulated agent shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’.
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.
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’.
Modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.
screened in accordance with point 6.2; or
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.
unescorted access to these consignments is limited to authorised persons; and
these consignments are protected from unauthorised interference until they are handed over to another regulated agent or air carrier. Consignments of cargo and mail that are in a critical part of a security restricted area shall be considered as protected from unauthorised interference. Consignments of cargo and mail that are in parts other than a critical part of a security restricted area shall be located in the access-controlled parts of the regulated agent's premises or, whenever located outside of such parts, shall
be physically protected so as to prevent the introduction of a prohibited article; or
not be left unattended and access to them shall be limited to persons involved in the protection and handling of cargo.
the unique alphanumeric identifier of the regulated agent as received from the appropriate authority;
a unique identifier of the consignment, such as the number of the (house or master) air waybill;
the content of the consignment, except for consignments listed in points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005;
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;
the reason that the security status was issued, stating:
‘KC’, meaning received from known consignor, or
‘AC’, meaning received from account consignor, or
‘RA’, meaning selected by a regulated agent, or
the means or method of screening used, or
the grounds for exempting the consignment from screening;
the name of the person who issued the security status, or an equivalent identification, and the date and time of issue;
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.
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
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.
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.
The approval as a known consignor shall be site specific.
the applicant shall seek approval from the appropriate authority of the Member State in which its site is located.
The applicant shall be provided with the ‘Guidance for known consignors’ as contained in Attachment 6-B and the ‘Validation checklist for known consignors’ as contained in Attachment 6-C;
the appropriate authority, or EU aviation security validator acting on its behalf, shall 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.
In order to assess whether the applicant complies with these requirements, the appropriate authority, or EU aviation security validator acting on its behalf, shall make use of the ‘Validation checklist for known consignors’ as contained in Attachment 6-C. This checklist includes a declaration of commitments which shall be signed by the applicant's legal representative or by the person responsible for security at the site.
Once the validation checklist is completed, the information contained in the checklist shall be handled as classified information.
The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available on request to the appropriate authority concerned;
an examination of the site of the applicant by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 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 known consignor. In those cases, the applicant shall complete the information required in Part One of the ‘Validation checklist for known consignors’ as contained in Attachment 6-C and send it to the appropriate authority jointly with the declaration of commitments which shall be signed by the applicant's legal representative or by the person responsible for security at the site.
The AEO certificate and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection.
The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available on request to the appropriate authority concerned;
if the appropriate authority is satisfied with the information provided under points (a) and (b) or (a) and (c), as applicable, it shall ensure that the necessary details of the consignor 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) or (a) and (c), as applicable, then the reasons shall promptly be notified to the entity seeking approval as a known consignor;
a known consignor shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’.
An inspection at the premises of the known consignor 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 areas specified in the checklist of Attachment 6-C.
An examination of the site of the known consignor by the relevant customs authority in accordance with Article 14n of Regulation (EEC) No 2454/93 shall be considered as an on-site verification.
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 known consignor 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 consignor's change of status is indicated in the ‘Union database on supply chain security’.
Known consignors approved in accordance with point 6.4.1.2(d) of this Annex shall also be subject to the additional provision laid down in point 6.4 of Commission Implementing Decision C(2015) 8005.
Modalities for this exchange of information shall be established between the appropriate authority and the national customs authorities.
there is a level of security on the site or at the premises sufficient to protect identifiable air cargo and identifiable air mail from unauthorised interference; and
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; and
during production, packing, storage, despatch and/or transportation, as appropriate, identifiable air cargo and identifiable air mail is protected from unauthorised interference or tampering.
When, for whatever reason, these security controls have not been applied to a consignment, or where the consignment has not been originated by the known consignor for its own account, the known consignor shall clearly identify this to the regulated agent so that point 6.3.2.3 can be applied.
the regulated agent shall provide the entity with the ‘Aviation security instructions for account consignors’ and ‘Declaration of commitments — account consignor’ as contained in Attachment 6-D. These instructions and declaration shall be provided to the regulated agent by the appropriate authority of the Member State in which its site is located;
the entity shall submit a signed ‘Declaration of commitments — account consignor’ as contained in Attachment 6-D to the regulated agent, unless the entity is a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EEC) No 2454/93.
The entity shall also designate at least one person responsible for security at its premises and shall inform the regulated agent of this person's name and contact details.
Where applicable, the signed declaration shall be retained by the regulated agent and made available on request to the appropriate authority concerned.
Where the requirement to complete a Declaration of Commitments has been waived on the basis of an AEO certificate, an account consignor shall immediately inform the regulated agent if it is no longer a holder of such a certificate;
the regulated agent shall make a validation by establishing the following details of the prospective account consignor:
the company details, including the bona fide business address, and
the nature of the business, and
contact details, including those of the person(s) responsible for security, and
VAT reference number or company registration number, and
where the exemption under 6.5.2(b) is applied, the AEO certificate number;
if the regulated agent is satisfied with the information provided under points (b) and (c), then the regulated agent may designate the entity as an account consignor.
the consignments shall be packed or sealed by the regulated agent, known consignor or account consignor so as to ensure that any tampering would be evident; where this is not possible alternative protection measures that ensure the integrity of the consignment shall be taken; and
the cargo load compartment of the vehicle in which the consignments are to be transported shall be locked or sealed or curtain sided vehicles shall be secured with TIR cords so as to ensure that any tampering would be evident, or the load area of flatbed vehicles shall be kept under observation; and
the haulier declaration as contained in Attachment 6-E shall be agreed by the haulier who has entered into the transport agreement with the regulated agent, known consignor or account consignor, unless the haulier is itself approved as a regulated agent.
The signed declaration shall be retained by the regulated agent, known consignor or account consignor on whose behalf the transport is carried out. On request, a copy of the signed declaration shall also be made available to the regulated agent or air carrier receiving the consignment or to the appropriate authority concerned.
As an alternative to point (c), the haulier may provide evidence to the regulated agent, known consignor or account consignor for whom it provides transport that it has been certified or approved by an appropriate authority.
This evidence shall include the requirements contained in Attachment 6-E and copies shall be retained by the regulated agent, known consignor or account consignor concerned. On request, a copy shall also be made available to the regulated agent or air carrier receiving the consignment or to another appropriate authority.
they are physically protected so as to prevent the introduction of a prohibited article; or
they are not left unattended and access is limited to persons involved in the protection and loading of cargo and mail onto an aircraft.
Provisions for high risk cargo and mail are laid down in Commission Implementing Decision C(2015) 8005.
by the appropriate authority of the Member State that issued the air carrier's Air Operator's Certificate;
by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EC) No 748/2009(4), for air carriers that do not hold an Air Operator's Certificate issued by a Member State;
by the appropriate authority of the Member State where the air carrier has its major base of operations in the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not holding an Air Operator's Certificate issued by a Member State and not listed in the Annex to Regulation (EC) No 748/2009.
the nomination of a person with overall responsibility on the air carrier's behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and
an EU aviation security validation report confirming the implementation of security measures.
an examination of the air carrier's security programme ensuring its relevance and completeness in respect of all points set out in Attachment 6-G; and
verification of the implementation of aviation security measures in respect of the relevant cargo operations by using the checklist set out in Attachment 6-C3.
At the airport from which the air carrier has relevant cargo operations before ACC3 designation can be granted for that airport.
If the EU aviation security validation thereupon establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the appropriate authority shall not designate the air carrier as ACC3 for the relevant cargo operations without proof of the implementation of measures by the air carrier rectifying the deficiency identified.
At a representative number of airports with relevant cargo operations of an air carrier before ACC3 designation is granted for all airports with relevant cargo operations of that air carrier. The following conditions apply:
this option is requested by an air carrier which operates several relevant air cargo operations; and
the appropriate authority has verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation; and
the representative number shall be at least 3 or 5 %, whichever is the higher, and all airports situated in a high risk origin; and
the appropriate authority has agreed to a roadmap that ensures EU aviation security validations for every year of the designation at additional airports for which ACC3 designation will be granted or until all airports are validated. Those validations shall each year be at least equal in number to those required in (c). The roadmap shall state the reasons underpinning the choice of additional airports; and
all ACC3 designations shall end on the same day; and
where one of the EU aviation security validations agreed under the roadmap establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the designating appropriate authority shall require proof of the implementation of measures rectifying the deficiency identified at that airport, and, depending on the seriousness of the deficiency, request:
EU aviation security validation of all airports for which ACC3 designation is required in accordance with point 6.8.2.2.1 within a deadline set by the appropriate authority, or
twice the number of the EU aviation security validations established under (d) per each of the remaining years of ACC3 designations.
the required security controls have been applied to the consignment by an EU aviation security validated regulated agent and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
the required security controls have been applied to the consignment by an EU aviation security validated known consignor and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
the required security controls have been applied to the consignment by an account consignor under the responsibility of the ACC3 or of an EU aviation security validated regulated agent, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or
the consignment is exempted from screening in accordance with point 6.1.1(d) and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.
transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain and such consignments have been protected from unauthorised interference from the time that those security controls were applied and until loading; and
high risk cargo and mail that screening in accordance with point 6.7 has been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain, that such consignments have been labelled SHR and have been protected from unauthorised interference from the time that those security controls were applied and until loading.
the ACC3's security programme shall set out details of security controls implemented on its behalf by third country entities from which it accepts cargo or mail directly for carriage into the Union. The EU aviation security validation of the ACC3 shall validate the security controls applied by those entities; or
the third country entities submit the relevant cargo handling activities to an EU aviation security validation at intervals not exceeding five years and provide ACC3(s) with a copy of the validation report. The validation report shall consist of, for third country regulated agents, the declaration of commitments as set out in Attachment 6-H2 and the checklist set out in Attachment 6-C2, and for third country known consignors, the declaration of commitments as set out in Attachment 6-H3 and the checklist set out in Attachment 6-C4. The validation report shall also include a declaration by the EU aviation security validator as set out in Attachment 11-A.
has succeeded in complying with the objectives referred to in the relevant checklist, the validation report shall state that the entity is designated EU aviation security validated regulated agent or known consignor. The validator shall provide the validated entity with the original of the validation report;
has failed to comply with the objectives referred to in the relevant checklist, the entity is not authorised to operate cargo for carriage into the EU. It shall receive a copy of the completed checklist stating the deficiencies.
the company details, including the bona fide business address; and
the nature of the business, excluding business sensitive information; and
contact details, including those of the person(s) responsible for security; and
the company registration number, if applicable; and
where available, the validation report.
The database shall be available for inspection of the ACC3.
Other EU aviation security validated entities may maintain such a database.
the relevant aviation security operations of the network, including transport services between sites, are covered by a single security programme or by standardised security programmes; and
the implementation of the security programme(s) shall be subject to a single internal security quality assurance programme that is equivalent to EU aviation security validation; and
before designation of the network as EU aviation security regulated agent, the following sites of the entity have been subjected to an EU aviation security validation:
the site(s) from which cargo or mail is directly delivered to an ACC3, and
at least two or 20 % of the sites of the network, whichever is the higher, from which cargo or mail is fed to site(s) mentioned in point (i), and
all sites located in third countries listed in Attachment 6-I to Commission Implementing Decision C(2015) 8005.
In order to maintain EU aviation security validated regulated agent designation for all sites of the network not yet validated until 30 June 2018 at the latest, during every year after the year of designation, at least a further two or 20 %, whichever is the higher, of the sites from which cargo or mail is fed to the site(s) mentioned in point 6.8.4.4(c)(i) shall be subjected to an EU aviation security validation, until all sites are validated.
An EU aviation security validator shall establish the roadmap listing the order of the locations to be validated each year selected on a random basis. The roadmap shall be established independently from the entity operating the network and may not be changed by that entity. This roadmap shall constitute an integral part of the validation report on the basis of which the network is designated as a third country EU validated regulated agent.
Once it has been subjected to an EU aviation security validation, a site of the network shall be considered as an EU aviation security validated regulated agent in accordance with point 6.8.4.2(a).
If the Commission or an appropriate authority identifies a serious deficiency relating to an ACC3 operation which is deemed to have a significant impact on the overall level of aviation security in the Union it shall:
inform the ACC3 concerned promptly, request comments and appropriate measures rectifying the serious deficiency; and
promptly inform the Commission and other Member States.
Where an appropriate authority has not achieved rectification, the Commission may, after consulting the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008, conclude that the carrier can no longer be recognised as an ACC3, either for specific or for all routes from third countries into the Union. In such cases, details of the ACC3 shall be removed from the Union database on supply chain security.
An air carrier whose recognition as an ACC3 has been withdrawn in accordance with point 6.8.5.1.2 shall not be reinstated or included in the Union database on supply chain security until an EU aviation security validation has confirmed that the serious deficiency has been rectified and the committee on civil aviation security has been informed thereof by the relevant appropriate authority.
The appropriate authority that designated the ACC3 is responsible for removing the ACC3 from the ‘Union database on supply chain security’:
at the request or in agreement with the air carrier; or
where the ACC3 does not pursue relevant cargo operations and does not react to a request for comments or otherwise obstructs the assessment of risk to aviation.
In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council(5) on common rules in the field of civil aviation security and its implementing acts,
I declare that,
to the best of my knowledge, the information contained in the company's security programme is true and accurate,
the practices and procedures set out in this security programme will be implemented and maintained at all sites covered by the programme,
this security programme will be adjusted and adapted to comply with all future relevant changes to Union legislation, unless [name of company] informs [name of appropriate authority] that it no longer wishes to trade as a regulated agent,
[name of company] will inform [name of appropriate authority] in writing of:
minor changes to its security programme, such as company name, person responsible for security or contact details, change of person requiring access to the ‘Union database on supply chain security’, promptly and at least within 10 working days; and
major planned changes, such as new screening procedures, major building works which might affect its compliance with relevant Union legislation or change of site/address, at least 15 working days prior to their commencement/the planned change,
in order to ensure compliance with relevant Union legislation, [name of company] will cooperate fully with all inspections, as required, and provide access to all documents, as requested by inspectors,
[name of company] will inform [name of appropriate authority] of any serious security breaches and of any suspicious circumstances which may be relevant to air cargo/air mail security, in particular any attempt to conceal prohibited articles in consignments,
[name of company] will ensure that all relevant staff receive training in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998 and are aware of their security responsibilities under the company's security programme; and
[name of company] will inform [name of appropriate authority] if:
it ceases trading;
it no longer deals with air cargo/air mail; or
it can no longer meet the requirements of the relevant Union legislation.
I shall accept full responsibility for this declaration.
Name:
Position in company:
Date:
Signature:
This guidance will help you to assess your existing security arrangements against the required criteria for known consignors as described in Regulation (EC) No 300/2008 of the European Parliament and of the Council(6) and its implementing acts. This should enable you to ensure that you meet the requirements before arranging an official on-site validation visit.
It is important that the validator is able to talk to the right people during the validation visit (e.g. person responsible for security and person responsible for recruitment of staff). An EU checklist will be used to record the validator's assessments. Once the validation checklist is completed, the information contained in the checklist will be handled as classified information.
Please note that questions on the EU checklist are of two types: (1) those where a negative response will automatically mean that you cannot be accepted as a known consignor and (2) those which will be used to build up a general picture of your security provisions to allow the validator to reach an overall conclusion. The areas where a ‘fail’ will automatically be recorded are indicated by the requirements indicated in bold type below. If there is a ‘fail’ on the requirements indicated in bold type, the reasons will be given to you and advice on adjustments needed to pass.
If you are a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EEC) No 2454/93(7) (so called AEOF and AEOS certificates) and if the site for which you are requesting the known consignor status has been successfully examined by customs authorities at a date not earlier than 3 years before the date of requesting the known consignor status, you are required to fill out and have signed by a legal representative of your company Part 1 concerning the organisation and responsibilities as well as the declaration of commitments of the ‘Validation checklist for known consignors’ as contained in attachment 6-C.
The cargo must be originated by your company on the site to be inspected. This covers manufacture on the site and pick and pack operations where the items are not identifiable as air cargo until they are selected to meet an order. (See also Note.)
You will have to determine where a consignment of cargo/mail becomes identifiable as air cargo/air mail and demonstrate that you have the relevant measures in place to protect it from unauthorised interference or tampering. This will include details concerning the production, packing, storage and/or despatch.
You will be required to provide details about your organisation (name, VAT or Chamber of Commerce number or Corporate registration number if applicable, AEO certificate number and the date of the last examination of this site by customs authorities, if applicable), address of the site to be validated and main address of organisation (if different from the site to be validated). The date of the previous validation visit and last unique alphanumeric identifier (if applicable) are required, as well as of the nature of the business, the approximate number of employees on site, name and title of the person responsible for air cargo/air mail security and contact details.
You will be required to provide details of your recruitment procedures for all staff (permanent, temporary or agency staff, drivers) with access to identifiable air cargo/air mail. The recruitment procedure shall include a pre-employment check or a background check in accordance with point 11.1 of the Annex to Implementing Regulation (EU) 2015/1998. The on-site validation visit will involve an interview with the person responsible for the recruitment of staff. He/she will need to present evidence (e.g. blank forms) to substantiate the company procedures. This recruitment procedure shall apply to staff recruited after 29 April 2010.
You will need to demonstrate that all staff (permanent, temporary or agency staff, drivers) with access to air cargo/air mail have received the appropriate training on security awareness matters. This training shall take place in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998. Individual training records should be kept on file. In addition, you will be required to show that all relevant staff implementing security controls have received training or recurrent training in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998.
You will be required to demonstrate how your site is protected (e.g. a physical fence or barrier) and that relevant access control procedures are in place. Where applicable, you will be required to provide details of any possible alarm- and/or CCTV system. It is essential that access to the area where air cargo/air mail is processed or stored, is controlled. All doors, windows and other points of access to air cargo/air mail need to be secured or subject to access control.
You will need to demonstrate that access to the production area is controlled and the production process supervised. If the product can be identified as air cargo/air mail in the course of production then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
You will need to demonstrate that access to the packing area is controlled and the packing process supervised. If the product can be identified as air cargo/air mail in the course of packing then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
You will be required to provide details of your packing process and show that all finished goods are checked prior to packing.
You will need to describe the finished outer packing and demonstrate that it is robust. You also have to demonstrate how the finished outer packing is made tamper evident, for example by the use of numbered seals, security tape, special stamps or cardboard boxes fixed by a tape. You also need to show that you hold those under secure conditions when not in use and control their issue.
You will need to demonstrate that access to the storage area is controlled. If the product can be identified as air cargo/air mail while being stored then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
Finally, you will have to demonstrate that finished and packed air cargo/air mail is checked before despatch.
You will need to demonstrate that access to the despatch area is controlled. If the product can be identified as air cargo/air mail in the course of despatch then you will have to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
You will have to provide details concerning the method of transportation of cargo/mail to the regulated agent.
If you use your own transport, you will have to demonstrate that your drivers have been trained to the required level. If a contractor is used by your company, you will have to ensure that a) the air cargo/air mail is sealed or packed by you so as to ensure that any tampering would be evident and b) the haulier declaration as contained in Attachment 6-E of the Annex to Implementing Regulation (EU) 2015/1998 has been signed by the haulier.
If you are responsible for the transportation of air cargo/air mail, you will have to show that the means of transport are securable, either through the use of seals, if practicable, or any other method. Where numbered seals are used, you will have to demonstrate that access to the seals is controlled and numbers are recorded; if other methods are used you will have to show how cargo/mail is made tamper evident and/or kept secure. In addition you will need to show that there are measures in place to verify the identity of the drivers of vehicles collecting your air cargo/air mail. You will also need to show that you ensure that cargo/mail is secure when it leaves the premises. You will have to demonstrate that air cargo/air mail is protected from unauthorised interference during transportation.
You will not have to provide evidence about driver training or a copy of the haulier declaration where a regulated agent has made the transport arrangements for collecting air cargo/air mail from your premises.
You will need to declare that you will accept unannounced inspections by the appropriate authority's inspectors for the purpose of monitoring these standards.
You will also need to declare to provide [name of appropriate authority] with the relevant details promptly but at least within 10 working days if:
the overall responsibility for security is assigned to anyone other than the person named
there are any other changes to premises or procedures likely to significantly impact on security
your company ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements of the relevant EU legislation.
Finally, you will need to declare to maintain standards of security until the subsequent on-site validation visit and/or inspection.
You will then be required to accept full responsibility for the declaration and to sign the validation document.
Assembled explosive and incendiary devices may be carried in consignments of cargo if the requirements of all safety rules are met in full.
A known consignor may pass consignments which it has not itself originated to a regulated agent, provided that:
they are separated from consignments which it has originated; and
the origin is clearly indicated on the consignment or on accompanying documentation.
All such consignments must be screened before they are loaded on to an aircraft.
When completing this form please note that:
Items marked ‘(*)’ are required data and MUST be completed.
If the answer to any question in bold type is NO, the validation MUST be assessed as a FAIL. This does not apply where the questions do not apply.
The overall assessment can only be assessed as a PASS after the consignor has signed the declaration of commitments on the last page.
The original declaration of commitments must be retained by or made available to the appropriate authority until the validation expires. A copy of the declaration should also be given to the consignor.
Aim: To establish the point (or: place) where cargo/mail becomes identifiable as air cargo/air mail.
Describe:
NB: Detailed information should be given on the protection of identifiable air cargo/air mail from unauthorised interference or tampering in Parts 5 to 8. U.K.
Aim: To ensure that all staff (permanent, temporary, agency staff, drivers) with access to identifiable air cargo/air mail have been subject to an appropriate pre-employment check and/or background check as well as trained in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998. In addition, to ensure that all staff implementing security controls in respect of supplies are trained in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998.
Whether or not 3.1 and 3.2 are questions in bold type (and thus where a NO answer must be assessed as a fail) depends on the applicable national rules of the State where the site is located. However, at least one of these two questions shall be in bold type, whereby it should also be allowed that where a background has been carried out, then a pre-employment check is no longer required. The person responsible for implementing security controls shall always have a background check.
Aim: To establish if there is a level of (physical) security on the site or at the premises sufficient to protect identifiable air cargo/air mail from unauthorised interference.
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the production process.
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the packing process.
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the storage process.
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the despatch process.
Aim: to establish the procedures for dealing with unsecured consignments.
Answer these questions only if consignments for carriage by air are being accepted from other companies.
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
I declare that:
I will accept unannounced inspections by the appropriate authority's inspectors for the purpose of monitoring these standards. If the inspector discovers any serious lapses in security, this could lead to the withdrawal of my status as known consignor.
I will provide [name of appropriate authority] with the relevant details promptly but at least within 10 working days if:
the overall responsibility for security is assigned to anyone other than the person named at point 1.10;
there are any other changes to premises or procedures likely to significantly impact on security; and
the company ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements of the relevant Union legislation.
I will maintain standards of security until the subsequent on-site validation visit and/or inspection.
I shall accept full responsibility for this declaration.
| Signed | |
| Position in company | |
Assessment (and notification)
| Pass/Fail | |
| Where the overall assessment is a fail, list below the areas where the consignor fails to achieve the required standard of security or has a specific vulnerability. Also advice on the adjustments needed to achieve the required standard and thus to pass. | |
| Signed | |
| (Name of validator) | |
Third country entities have the option to become part of an ACC3's (Air cargo or mail carrier operating into the Union from a third country airport) secure supply chain by seeking designation as a third country EU aviation security validated Regulated Agent (RA3). An RA3 is a cargo handling entity located in a third country that is validated and approved as such on the basis of an EU aviation security validation.
An RA3 shall ensure that security controls including screening where applicable have been applied to consignments bound for the European Union and the consignments have been protected from unauthorised interference from the time that those security controls were applied and until the consignments are loaded onto an aircraft or are otherwise handed over to an ACC3 or other RA3.
The prerequisites for carrying air cargo or air mail into the Union(8) or Iceland, Norway and Switzerland are provided for in Implementing Regulation (EU) 2015/1998.
The checklist is the instrument to be used by the EU aviation security validator for assessing the level of security applied to EU/EEA bound air cargo or air mail(9) by or under the responsibility of the entity seeking designation as an RA3. The checklist is to be used only in the cases specified in point 6.8.4.1(b) of the Annex to Implementing Regulation (EU) 2015/1998. In the cases specified in point 6.8.4.1(a) of that Annex, the EU aviation security validator shall use the ACC3 checklist.
If the EU aviation security validator concludes that the entity has succeeded in complying with the objectives referred to in this checklist, a validation report shall be given to the validated entity. The validation report shall state that the entity is designated Third Country EU aviation security validated Regulated Agent (RA3). The RA3 shall be able to use the report in its business relations with any ACC3. Integral parts of the validation report shall include at least all of the following:
the completed checklist (Attachment 6-C2 to Implementing Regulation (EU) 2015/1998) signed by the EU aviation security validator and where applicable commented by the validated entity;
the declaration of commitments (Attachment 6-H2 to Implementing Regulation (EU) 2015/1998) signed by the validated entity;
an independence declaration (Attachment 11-A to Implementing Regulation (EU) 2015/1998) in respect of the entity validated signed by the EU aviation security validator.
Page numbering, the date of the EU aviation security validation and initialling on each page by the validator and the validated entity shall be the proof of the validation report's integrity. By default, the validation report shall be in English.
Part 5 — Screening and Part 6 — High risk cargo or mail (HRCM) shall be assessed against the requirements of Chapters 6.7 and 6.8 of the Annex to Implementing Regulation (EU) 2015/1998. For those parts that cannot be assessed against the requirements of Implementing Regulation (EU) 2015/1998, baseline standards are the Standards and Recommended Practices (SARPs) of Annex 17 to the Convention on International Civil Aviation and the guidance material contained in the ICAO Aviation Security Manual (Doc 8973-Restricted).
If the EU aviation security validator concludes that the entity has failed to comply with the objectives referred to in this checklist, the entity shall receive a copy of the completed checklist stating the deficiencies.
Objective: No air cargo or air mail shall be carried to the EU/EEA without being subject to security controls. Cargo and mail delivered by an RA3 to an ACC3 or another RA3 may only be accepted as secure cargo or mail if such security controls are applied by the RA3. Details of such controls are provided in the following Parts of this checklist.
The RA3 shall have procedures in place to ensure that appropriate security controls are applied to all EU/EEA bound air cargo and air mail and that secure cargo or mail is protected until being transferred to an ACC3 or another RA3. Security controls shall consist of one of the following:
Physical screening which shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the consignment;
Other security controls, part of a supply chain security process, that reasonably ensure that no prohibited articles are concealed in the consignment and which have been applied by another RA3, KC3 or AC3 designated by the RA3.
Reference: Point 6.8.3.
Objective: To ensure the required security controls are applied, the RA3 shall assign responsible and competent staff to work in the field of securing air cargo or air mail. Staff with access to secured air cargo must possess all the competencies required to perform their duties and shall be appropriately trained.
To fulfil that objective, the RA3 shall have procedures in place to ensure that all staff (permanent, temporary, agency staff, drivers, etc.) with direct and unescorted access to air cargo/air mail to which security controls are being or have been applied:
have been subject to initial and recurrent pre-employment checks and/or background checks, which are at least in accordance with the requirements of the local authorities of the RA3 premise validated; and
have completed initial and recurrent security training to be aware of their security responsibilities in accordance with the requirements of the local authorities of the RA3 premise validated.
A background check means a check of a person's identity and previous experience, including where legally permissible, any criminal history as part of the assessment of an individual's suitability to implement a security control and/or for unescorted access to a security restricted area (ICAO Annex 17 definition).
A pre-employment check shall establish the person's identity on the basis of documentary evidence, cover employment, education and any gaps during at least the preceding five years, and require the person to sign a declaration detailing any criminal history in all states of residence during at least the preceding 5 years (Union definition).
Reference: Point 6.8.3.1.
Objective: The RA3 may receive cargo or mail from another RA3, a KC3, an AC3 or from an unknown consignor. The RA3 shall have appropriate acceptance procedures for cargo and mail in place in order to establish whether a consignment comes from a secure supply chain or not and subsequently which security measures need to be applied to it.
An RA3 may maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.4.1, from which it directly accepts cargo or mail to be delivered to an ACC3 for carriage into the Union:
the company details, including the bona fide business address,
the nature of the business, excluding business sensitive information,
contact details, including those of the person(s) responsible for security,
the company registration number, if applicable,
where available, the validation report.
Reference: Points 6.8.3.1 and 6.8.4.3.
Note: An RA3 may only accept cargo from an AC3 as secure cargo, if this RA3 has designated this consignor itself as AC3 and accounts for the cargo delivered by this consignor.U.K.
Objective: Where the RA3 accepts cargo and mail which does not come from a secure supply chain, the RA3 needs to subject these consignments to appropriate screening before it may be delivered to an ACC3 as secure cargo. The RA3 shall have procedures in place to ensure that EU/EEA bound air cargo and air mail for transfer, transit or unloading at an Union airport is screened by the means or methods referred to in Union legislation to a standard sufficient to reasonably ensure that it contains no prohibited articles.
Where screening of air cargo or air mail is performed by or on behalf of the appropriate authority in the third country, the RA3 shall declare this fact and specify the way adequate screening is ensured.
Reference: Point 6.8.3.
Objective: Consignments which originate from or transfer in locations identified as high risk by the Union or which appear to have been significantly tampered with are to be considered as high risk cargo and mail (HRCM). Such consignments have to be screened in line with specific instructions. The RA3 shall have procedures in place to ensure that EU/EEA bound HRCM is identified and subject to appropriate controls as defined in the Union legislation.
The ACC3 to which the RA3 delivers air cargo or mail for transportation shall be authorised to inform the RA3 about the latest state of relevant information on high risk origins.
The RA3 shall apply the same measures, irrespective of whether it receives high risk cargo and mail from an air carrier or through other modes of transportation.
Reference: Point 6.7.
Note: HRCM cleared for carriage into the EU/EEA shall be issued the security status ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements.U.K.
Objective: The RA3 shall have procedures in place to ensure EU/EEA bound air cargo and/or air mail is protected from unauthorised interference and/or any tampering from the point where security screening or other security controls are applied or from the point of acceptance after screening or security controls have been applied, until loading or transferring to an ACC3 or another RA3. If previously secured air cargo and mail is not protected afterwards, it may not be loaded or transferred to an ACC3 or another RA3 as secure cargo or mail.
Protection can be provided by different means such as physical (barriers, locked rooms, etc.), human (patrols, trained staff, etc.) and technological (CCTV, intrusion alarm, etc.).
EU/EEA bound secured air cargo or mail should be separated from air cargo or mail which is not secured.
Reference: Point 6.8.3.1.
Objective: The security status of a consignment shall be indicated in the documentation accompanying the consignment, either in the form of an air waybill, equivalent postal documentation or in a separate declaration and either in an electronic format or in writing. The security status shall be issued by the RA3.
Reference: Points 6.3.2.6(d) and 6.8.3.4.
Note: the following security statuses may be indicated:U.K.
‘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.
Objective: Air cargo and air mail must be protected from unauthorised interference or tampering from the time it has been secured until its loading or is transferred to an ACC3 or another RA3. This includes protection during transportation to the aircraft, otherwise to the ACC3 or to another RA3. If previously secured air cargo and mail is not protected during transportation, it may not be loaded or transferred to an ACC3 or another RA3 as secure cargo.
During transportation to an aircraft, an ACC3 or another RA3, the RA3 is responsible for the protection of the secure consignments. This includes cases where the transportation is undertaken by another entity, such as a freight forwarder, on its behalf. This does not include cases whereby the consignments are transported under the responsibility of an ACC3 or another RA3.
Reference: Point 6.8.3.
Objective: After assessing Parts 1 to 9 of this checklist, the EU aviation security validator has to conclude if its on-site verification confirms the implementation of the security controls in compliance with the objectives listed in this checklist for the EU/EEA bound air cargo/air mail.
Two different scenarios are possible. The EU aviation security validator concludes that the entity:
has succeeded in complying with the objectives referred to in this checklist. The validator shall provide the validated entity with the original of the validation report and state that the entity is designated EU aviation security validated 3rd country regulated agent;
has failed in complying with the objectives referred to in this checklist. In that case, the entity is not authorised to deliver secured air cargo or mail for EU/EEA destination to an ACC3 or another RA3. It shall receive a copy of the completed checklist stating the deficiencies.
In general, the EU aviation security validator has to decide if cargo and mail handled by the validated entity is treated in such a way that at the moment it is delivered to an ACC3 or another RA3 it may be deemed to be secure to be flown to the EU/EEA in accordance with the applicable Union legislation.
The EU aviation security validator has to keep in mind that the assessment is based on an overall objective-based compliance methodology.
Name of the validator:
Date:
Signature:
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).
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.
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).
Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1).
Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).
Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).
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).
European Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom
EU/EEA bound air cargo/air mail/aircraft in this validation checklist is equivalent to EU and Iceland, Norway and Switzerland bound air cargo/air mail/aircraft.