Commission Implementing Regulation (EU) 2015/1998Show full title

4. PASSENGERS AND CABIN BAGGAGE

4.0 GENERAL PROVISIONS

4.0.1 Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter.

4.0.2 Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards passengers and cabin baggage are listed in Attachment 4-B.

4.0.3 Passengers and their cabin baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 4-B shall be considered as passengers and cabin baggage arriving from a third country, unless there is a confirmation that these passengers and their cabin baggage were screened in that Member State.

4.0.4 For the purpose of this Annex:

(a)

‘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;

(b)

‘security tamper-evident bag’ (STEB) is a bag that conforms to the recommended security control guidelines of the International Civil Aviation Organisation;

(c)

‘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.

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

4.1 SCREENING OF PASSENGERS AND CABIN BAGGAGE

4.1.1 Screening of passengers

4.1.1.1 Before screening, coats and jackets shall be taken off and shall be screened as cabin baggage. The screener may request the passenger to undertake further divesting as appropriate.

4.1.1.2 Passengers shall be screened by at least one of the following methods:

(a)

hand search;

(b)

walk-through metal detection equipment (WTMD);

(c)

explosive detection dogs;

(d)

explosive trace detection (ETD) equipment;

(e)

security scanners which do not use ionising radiation;

(f)

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.

4.1.1.3 When a hand search is performed it shall be carried out so as to reasonably ensure that the person is not carrying prohibited articles.

4.1.1.4 When WTMD equipment alarms, the cause of the alarm shall be resolved.

4.1.1.5 Hand-held metal detection (HHMD) equipment may only be used as a supplementary means of screening. It shall not replace the requirements of a hand search.

4.1.1.6 Where a live animal is permitted to be carried in the cabin of an aircraft, it shall be screened either as a passenger or as cabin baggage.

4.1.1.7 The appropriate authority may create categories of passengers that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.1.8 The screening of passengers shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.1.9 Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening.

4.1.1.10 When a security scanner with a human reviewer, as defined under the second paragraph of point 12.11.1, is used for screening of passengers, all of the following minimum conditions shall be complied with:

(a)

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;

(b)

the human reviewer analysing the image shall be in a separate location so that he/she cannot see the screened passenger;

(c)

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;

(d)

the image shall not be linked to any data concerning the screened person and his/her identity shall be kept anonymous;

(e)

a passenger may request that the image of his/her body is analysed by a human reviewer of the gender of his/her choice;

(f)

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.

4.1.1.11 Explosive trace detection (ETD) equipment in combination with hand held metal detection (HHMD) equipment may only be used in cases where the screener considers a hand search of a given part of the person to be inefficient and/or undesirable.

4.1.2 Screening of cabin baggage

4.1.2.1 Before screening, portable computers and other large electrical items shall be removed from cabin baggage and shall be screened separately, unless the cabin baggage is to be screened with Explosive Detection Systems (EDS) equipment meeting standard C2 or higher.

4.1.2.2 The appropriate entity at all airports shall screen, upon entry to the security restricted area (SRA), at least LAGs obtained at an airport or on board an aircraft that are sealed in a STEB inside which is displayed satisfactory proof of purchase at airside at an airport or on board an aircraft, as well as LAGs to be used during the trip for medical purposes or a special dietary requirement, including baby food.

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:

(a)

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

(b)

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.

4.1.2.3 Cabin baggage shall be screened by at least one of the following methods:

(a)

a hand search;

(b)

x-ray equipment;

(c)

explosive detection systems (EDS) equipment;

(d)

explosive detection dogs in combination with point (a);

(e)

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.

4.1.2.4 A hand search of cabin baggage shall consist of a manual check of the baggage, including its contents, as to reasonably ensure that it does not contain prohibited articles.

4.1.2.5 Where x-ray or EDS equipment is used, each image shall be viewed by the screener or analysed by auto clear software (ACS).

4.1.2.6 Where x-ray or EDS equipment is used, all alarms shall be resolved to the satisfaction of the screener so as to reasonably ensure that no prohibited articles are carried into the SRA or on board an aircraft.

4.1.2.7 Where x-ray or EDS equipment is used, any item whose density impairs the ability of the screener to analyse the contents of the cabin baggage shall be taken out of the baggage. The bag shall be screened again and the item shall be screened separately as cabin baggage.

4.1.2.8 Any bag that is found to contain a large electrical item shall be screened again with the item no longer in the bag and the electrical item screened separately, unless the cabin baggage was screened with EDS equipment meeting standard C2 or higher.

4.1.2.9 Explosive detection dogs and explosive trace detection (ETD) equipment may only be used as a supplementary means of screening.

4.1.2.10 The appropriate authority may create categories of cabin baggage that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.2.11 Persons screening cabin baggage by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

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.

4.1.2.12 The screening of cabin baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.3 Screening of liquids, aerosols and gels (LAGs)

4.1.3.1 LAGs carried by passengers may be exempted from screening with LEDS equipment upon entry to the SRA in the following cases:

(a)

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;

(b)

if the LAG is sealed in a dedicated STEB upon purchase locally at the airport airside;

(c)

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;

(d)

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.

4.1.3.2 The dedicated STEBs referred to under points (b) to (d) of point 4.1.3.1 shall:

(a)

be clearly identifiable as a STEB of that airport; and

(b)

display inside proof of purchase or resealing at that airport within the preceding period of three hours; and

(c)

be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.3.3 The screening of LAGs shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.2 PROTECTION OF PASSENGERS AND CABIN BAGGAGE

The protection of passengers and cabin baggage shall be subject to the provisions laid down in Commission Implementing Decision C(2015) 8005.

4.3 POTENTIALLY DISRUPTIVE PASSENGERS

4.3.1 An air carrier shall be notified in writing in advance by the competent authority of the plan to embark a potentially disruptive passenger on board its aircraft.

4.3.2 The notification shall contain the following details:

(a)

identity and gender of the person; and

(b)

reason for transportation; and

(c)

name and title of escorts, if provided; and

(d)

risk assessment by the competent authority, including reasons to escort or not; and

(e)

prior seating arrangement, if required; and

(f)

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.

4.3.3 The competent authority shall ensure that persons in lawful custody are always escorted.

4.4 PROHIBITED ARTICLES

4.4.1 Passengers shall not be permitted to carry into security restricted areas or on board an aircraft the articles listed in Attachment 4-C.

4.4.2 An exemption to point 4.4.1 may be granted on condition that:

(a)

the appropriate authority has given consent that the article may be carried; and

(b)

the air carrier has been informed about the passenger and the article that the passenger is carrying prior to passengers boarding the aircraft; and

(c)

the applicable safety rules are complied with.

These articles shall then be placed in secure conditions on board aircraft.

4.4.3 The air carrier shall ensure that passengers are informed of the prohibited articles listed in Attachment 4-C before check-in is completed.

ATTACHMENT 4-A

REQUIREMENTS FOR A HAND SEARCH

Detailed provisions for a hand search are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 4-B

PASSENGERS AND CABIN BAGGAGE

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.

ATTACHMENT 4-C

PASSENGERS AND CABIN BAGGAGE

LIST OF PROHIBITED ARTICLES

Without prejudice to applicable safety rules, passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft:

(a) 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;

(b) 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;

(c) objects with a sharp point or sharp edge

—

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;

(d) workmen's tools

—

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;

(e) blunt instruments

—

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;

(f) 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.