ANNEXList of persons and entities visited and interviewed

ATTACHMENT 6-C4

VALIDATION CHECKLIST FOR THIRD COUNTRY EU AVIATION SECURITY VALIDATED KNOWN CONSIGNOR

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 Known Consignor (KC3). A KC3 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.

A (KC3) shall ensure that security controls have been applied to consignments bound for the Union31 and the consignments have been protected from unauthorised interference from the time that those security controls were applied and until transferring to an ACC3 or a third country EU aviation security validated regulated agent (RA3).

The prerequisites for carrying air cargo or air mail into the Union (EU) or Iceland, Norway and Switzerland are required by 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 mail32 by or under the responsibility of the entity seeking designation as a KC3. 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 cases specified in point 6.8.4.1(a) of said 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 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 known consignor (KC3). The KC3 shall be able to use the report in its business relations with any ACC3 and any RA3. Integral parts of the validation report shall include at least all of the following:

  1. (a)

    the completed checklist (Attachment 6-C4 to Implementing Regulation (EU) 2015/1998) signed by the EU aviation security validator and where applicable commented by the validated entity;

  2. (b)

    the declaration of commitments (Attachment 6-H3 to Implementing Regulation (EU) 2015/1998) signed by the validated entity; and

  3. (c)

    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.

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 validation concludes that the entity has failed to comply with the objectives referred to in this checklist, this entity shall receive a copy of the completed checklist stating the deficiencies.

Completion notes:

(1)

All parts of the checklist must be completed. Where no information is available, this must be explained.

(2)

After each part, the EU aviation security validator shall conclude if and to what extent the objectives of this part are met.

PART 1Organisation and responsibilities

1.1.

Date(s) of validation

Use exact date format, such as 01.10.2012 to 02.10.2012

dd/mm/yyyy

1.2.

Date of previous validation where applicable.

dd/mm/yyyy

Previous KC3 registration number, where available

AEO certificate/C-TPAT status/other certifications, where available

1.3.

Aviation security validator information

Name

Company/Organisation/Authority

Unique Alphanumeric Identifier (UAI)

E-mail address

Telephone number — including international codes

1.4.

Name of entity

Name

Company number (e.g. commercial register identification number, if applicable)

Number/Unit/Building

Street

Town

Postcode

State (where relevant)

Country

P.O. Box address, if applicable

1.5.

Main address of organisation (if different from site to be validated)

Number/Unit/Building

Street

Town

Postcode

State (where relevant)

Country

P.O. Box address, is applicable

1.6.

Nature of business — Types of cargo processed

What is the nature of business(es) — type of cargo processed in the applicant's premises?

1.7.

Is the applicant responsible for…?

  1. (a)

    Production

  2. (b)

    Packing

  3. (c)

    Storage

  4. (d)

    Despatch

  5. (e)

    Other, please specify

1.8.

Approximate number of employees on site

Number

1.9.

Name and title of person responsible for third country air cargo/air mail security

Name

Job title

E-mail address

Telephone number — including international codes

PART 2Organisation and responsibilities of the third country EU aviation security validated known consignor

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 a KC3 to an ACC3 or RA3 may only be accepted as secure cargo or mail if such security controls are applied by the KC3. Details of such controls are provided by the following Parts of this checklist.

The KC3 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 a RA3. Security controls shall consist of measures that reasonably ensure that no prohibited articles are concealed in the consignment.

Reference: Point 6.8.3.

2.1.

Has the entity established a security programme?

YES or NO

If NO, go directly to point 2.5

2.2.

Entity security programme information

Date — use exact format dd/mm/yyyy

Version

Is the security programme submitted to and/or approved by the appropriate authority of the state in which the entity is located? If YES, please describe the process.

2.3.

Does the security programme sufficiently cover the elements mentioned in the checklist (parts 4 to 11)?

YES or NO

If NO, describe why, detailing the reasons

2.4.

Is the security programme conclusive, robust and complete?

YES or NO

If NO, specify the reasons

2.5.

Has the entity established a process to ensure that EU/EEA bound air cargo or air mail is submitted to appropriate security controls before being transferred to an ACC3 or an RA3?

YES or NO

If YES, describe the process

2.6.

Has the entity a management system (e.g. instruments, instructions, etc.) in place to ensure that the required security controls are implemented?

YES or NO

If YES, describe the management system and explain if it is approved, checked or provided by the appropriate authority or other entity.

If NO, explain how the entity ensures that security controls are applied in the required manner.

2.7.

Conclusions and general comments on the reliance, conclusiveness and robustness of the process.

Comments from the entity

Comments from the EU aviation security validator

PART 3Identifiable air cargo/air mail

Objective: To establish the point (or place) where cargo/mail becomes identifiable as air cargo/air mail.

3.1.

By inspection of the production, packing, storage, selection, despatch and any other relevant areas, ascertain where and how a consignment of EU/EEA bound air cargo/air mail becomes identifiable as such.

Describe

Comments from the entity

Comments from the EU aviation security validator

NB: Detailed information should be given on the protection of identifiable air cargo/air mail from unauthorised interference or tampering in Parts 6 to 9.

PART 4Staff recruitment and training

Objective: To ensure that the required security controls are applied, the KC3 shall assign responsible and competent staff to work in the field of securing air cargo or air mail. Staff with access to identifiable air cargo possesses all the competencies required to perform their duties and are appropriately trained.

To fulfil that objective, the KC3 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:

  1. (a)

    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 KC3 premise validated; and

  2. (b)

    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 KC3 premise validated.

Note:

  • 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.

4.1.

Is there a procedure ensuring that all staff with access to identifiable air cargo/air mail is subject to a pre-employment check that assesses background check and competence?

YES or NO

If YES, indicate the number of preceding years taken into account for the pre-employment check and state which entity carries it out.

4.2.

Does this procedure include?

☐

Background check

☐

Pre-employment check

☐

Check of criminal records

☐

Interviews

☐

Other (provide details)

Explain the elements, indicate which entity carries this element out and where applicable, indicate the preceding timeframe that is taken into account.

4.3.

Is there a procedure ensuring that the person responsible for the application and supervision of the implementation of security controls at the site is subject to a pre-employment check that assesses background and competence?

YES or NO

If YES, indicate the number of preceding years taken into account for the pre-employment check and state which entity carries it out.

4.4.

Does this procedure include?

☐

Background check

☐

Pre-employment check

☐

Check of criminal records

☐

Interviews

☐

Other (provide details)

Explain the elements, indicate which entity carries this element out and where applicable, indicate the preceding timeframe that is taken into account.

4.5.

Do staff with access to identifiable air cargo/air mail receive training before being given access to identifiable air cargo/air mail?

YES or NO

If YES, describe the elements and duration of the training

4.6.

Do staff referred to in point 4.5 receive recurrent training?

YES or NO

If YES, specify the elements and the frequency of the recurrent training

4.7.

Conclusion: do measures concerning staff recruitment and training ensure that all staff with access to identifiable EU/EEA bound air cargo/air mail have been properly recruited and trained to a standard sufficient to be aware of their security responsibilities?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 5Physical security

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.

The entity has to demonstrate how its site or its premises is protected and that relevant access control procedures are in place. It is essential that access to the area where identifiable air cargo/air mail is processed or stored, is controlled. All doors, windows and other points of access to secure EU/EEA bound air cargo/air mail need to be secured or subject to access control.

Physical security can be, but is not limited to:

  • Physical obstacles such as fencing or barriers;

  • Technology using alarms and/or CCTV systems;

  • Human security such as staff dedicated to carry out surveillance activities.

Reference: Point 6.8.3.1.

5.1.

Are all access points to identifiable air cargo/air mail subject to access control and is access limited to authorised persons?

YES or NO

If YES, how is access controlled? Explain and describe. Multiple answers may be possible.

  1. ☐

    By security staff

  2. ☐

    By other staff

  3. ☐

    Manual checking if persons are allowed to enter the area

  4. ☐

    Electronic access control systems

  5. ☐

    Other, specify

If YES, how is it ensured that a person is authorised to enter the area? Explain and describe. Multiple answers may be possible.

  • Use of a company identification card

  • Use of another type of identification card such as passport or driver's licence

  • List of authorised persons used by (security) staff

  • Electronic authorisation, e.g. by use of a chip

  • Distribution of keys or access codes only to authorised personnel

  • Other, specify

5.2.

Are all access points to identifiable air cargo/air mail secured? This includes access points which are not permanent in use and points which are normally not used as access points, such as windows

YES or NO

If YES, how are these points secured? Explain and describe. Multiple answers may be possible.

  • Presence of security staff

  • Electronic access control systems which allow access to one person at a time

  • Barriers, e.g. shutters or locks

  • CCTV system

  • Intruder detection system

5.3.

Are there additional measures to enhance the security of the premises in general?

YES or NO

If YES, explain and describe what they are

  1. ☐

    Fencing or barriers

  2. ☐

    CCTV system

  3. ☐

    Intruder detection system

  4. ☐

    Surveillance and patrols

  5. ☐

    Other, specify

5.4.

Is the building of solid construction?

YES or NO

5.5.

Conclusion: Are the measures taken by the entity sufficient to prevent unauthorised access to those parts of the site and premises where identifiable EU/EEA bound air cargo/air mail is processed or stored?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 6Production

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering during the production process. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.

The entity has to demonstrate that access to the production area is controlled and the production process is supervised. If the product becomes identifiable as EU/EEA bound air cargo/air mail in the course of production, the entity has to show that measures are taken to protect air/cargo/air mail from unauthorised interference or tampering from this stage.

Answer these questions where the product can be identified as EU/EEA bound air cargo/air mail in the course of the production process.

6.1.

Is access to the production area controlled and limited to authorised persons?

YES or NO

If YES, explain how the access is controlled and limited to authorised persons

6.2.

Is the production process supervised?

YES or NO

If YES, explain how it is supervised

6.3.

Are controls in place to prevent tampering at the stage of production?

YES or NO

If YES, describe

6.4.

Conclusion: Are measures taken by the entity sufficient to protect identifiable EU/EEA bound air cargo/air mail from unauthorised interference or tampering during production?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 7Packing

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering during the packing process. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.

The entity has to demonstrate that access to the packing area is controlled and the packing process is supervised. If the product becomes identifiable as EU/EEA bound air cargo/air mail in the course of packing, the entity has to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering from this stage. All finished goods need to be checked prior to packing.

Answer these questions where the product can be identified as EU/EEA bound air cargo/air mail in the course of the packing process.

7.1.

Is access to the packing area controlled and limited to authorised persons?

YES or NO

If YES, explain how the access is controlled and limited to authorised persons

7.2.

Is the packing process supervised?

YES or NO

If YES, explain how it is supervised

7.3.

Are controls in place to prevent tampering at the stage of packing?

YES or NO

If YES, describe

7.4.

Describe the finished outer packaging:

(a)

Is the finished outer packing robust?

YES or NO

Describe

(b)

Is the finished outer packaging tamper evident?

YES or NO

If YES, describe which process is used to make the packaging tamper evident, for example by use of numbered seals, special stamps or security tape, etc.

If NO, describe what protection measures that ensure the integrity of the consignments are taken.

7.5.

Conclusion: Are measures taken by the entity sufficient to protect identifiable EU/EEA bound air cargo/air mail from unauthorised interference or tampering during packing?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 8Storage

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering during storage. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.

The entity has to demonstrate that access to the storage area is controlled. If the product becomes identifiable as EU/EEA bound air cargo/air mail while being stored, the entity has to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering from this stage.

Answer these questions where the product can be identified as EU/EEA bound air cargo/air mail in the course of the storage process.

8.1.

Is access to the storage area controlled and limited to authorised persons?

YES or NO

If YES, explain how the access is controlled and limited to authorised persons

8.2.

Is the finished and packed air cargo/air mail stored securely and checked for tampering?

YES or NO

If YES, describe

If NO, explain how the entity ensures that the finished and packed EU/EEA bound air cargo and air mail is protected against unauthorised interference and any tampering.

8.3.

Conclusion: Are measures taken by the entity sufficient to protect identifiable EU/EEA bound air cargo/air mail from unauthorised interference or tampering during storage?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 9Despatch

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering during the despatch process. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.

The entity has to demonstrate that access to the despatch area is controlled. If the product becomes identifiable as EU/EEA bound air cargo/air mail in the course of despatch, the entity has to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering from this stage.

Answer these questions where the product can be identified as EU/EEA bound air cargo/air mail in the course of the despatch process.

9.1.

Is access to the despatch area controlled and limited to authorised persons?

YES or NO

If YES, explain how the access is controlled and limited to authorised persons

9.2.

Who has access to the despatch area? Multiple answers may be possible.

☐

Employees of the entity

☐

Drivers

☐

Visitors

☐

Contractors

☐

Others, specify

9.3.

Is the despatch process supervised?

YES or NO

If YES, explain how it is supervised

9.4.

Are controls in place to prevent tampering in the despatch area?

YES or NO

If YES, describe

9.5.

Conclusion: Are measures taken by the entity sufficient to protect identifiable EU/EEA bound air cargo/air mail from unauthorised interference or tampering during the despatch process?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 10Consignments from other sources

Objective: The KC3 shall have procedures in place to ensure that cargo or mail which it has not originated itself, shall not be forwarded to an ACC3 or an RA3 as secure cargo or mail.

A KC3 may pass consignments which it has not itself originated to a RA3 or an ACC3, provided that:

  1. (a)

    they are separated from consignments which it has originated; and

  2. (b)

    the origin is clearly indicated on the consignment or an accompanying documentation.

All such consignments must be screened by an RA3 or ACC3 before they are loaded onto an aircraft.

10.1.

Does the entity accept consignments of cargo or mail intended for carriage by air from any other entity?

YES or NO

If YES, how are these consignments kept separate from the company's own cargo or mail and how are they identified to the regulated agent/haulier?

Comments from the entity

Comments from the EU aviation security validator.

PART 11Transportation

Objective: The KC3 shall have procedures in place to ensure identifiable air cargo and/or air mail bound for the EU/EEA is protected from unauthorised interference and/or any tampering during transportation. If such cargo or mail is not protected, it cannot be accepted by an ACC3 or RA3 as secure cargo or mail.

During transportation, the KC3 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 RA3.

Answer these questions where the product can be identified as EU/EEA bound air cargo/air mail when transported.

11.1.

How is the air cargo/air mail conveyed to the ACC3 or RA3?

(a)

Validated entity's own transport?

YES or NO

(b)

ACC3/RA3's transport?

YES or NO

(c)

Contractor used by the validated entity?

YES or NO

11.2.

Is the air cargo/air mail tamper evidently packed?

YES or NO

If YES, how

11.3.

Is the vehicle sealed or locked before transportation?

YES or NO

If YES, how

11.4.

Where numbered seals are used, is access to the seals controlled and are the numbers recorded?

YES or NO

If YES, specify how

11.5.

If applicable, does the respective haulier sign the haulier declaration?

YES or NO

11.6.

Has the person transporting the cargo been subject to specific security controls and awareness training before being authorised to transport secured air cargo and/or air mail?

YES or NO

If YES, please describe what kind of security controls (pre-employment check, background check, etc.) and what kind of training (security awareness training, etc.)

11.7.

Conclusion: Are the measures sufficient to protect air cargo/air mail from unauthorised interference during transportation?

YES or NO

If NO, specify reasons

Comments from the entity

Comments from the EU aviation security validator

PART 12Compliance

Objective: After assessing the eleven previous parts 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 EU/EEA bound air cargo/air mail.

Two different scenarios are possible. The EU aviation security validator concludes that the entity:

  1. (a)

    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 third country EU aviation security validated known consignor (KC3);

  2. (b)

    has failed in complying with the objectives referred to in this checklist. In that case, the entity is not authorised to deliver air cargo or mail for EU/EEA destination to an ACC3 or RA3 without it being screened by an authorised party. 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 an 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.

12.1.

General conclusion:

Assessment (and notification)

(highlight the one that applies)

If it is a ‘PASS’ the entity will be considered designated as a 3rd country EU aviation security validated known consignor (KC3).

Pass/Fail

Where the overall assessment is a fail, list below the areas where the entity 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.

Comments from EU aviation security validator

Comments from the entity

Name of the validator:

Date:

Signature: