F1ANNEXList of persons and entities visited and interviewed

Annotations:

Providing the name of the entity, the name and the position of the contact person and the date of the visit or interview.

Name of entity

Name of contact person

Position of contact person

Date of visit or interview

ATTACHMENT 6–D

AVIATION SECURITY INSTRUCTIONS FOR ACCOUNT CONSIGNORS

These instructions have been prepared for your use and for information to your staff engaged in the preparation and control of consignments of air cargo/air mail. These instructions are provided to you in accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council31 and its implementing acts.

Premises

Access to areas where consignments of identifiable air cargo/air mail are prepared, packaged and/or stored shall be controlled to ensure that no unauthorised persons have access to the consignments.

Visitors shall be accompanied at all times in, or prevented access to, those areas where consignments of identifiable air cargo/air mail are prepared, packaged and/or stored.

Staff

The integrity of all staff being recruited who will have access to identifiable air cargo/air mail shall be verified. This verification shall include at least a check of the identity (if possible by photographic identity card, driving licence or passport) and a check of the curriculum vitae and/or provided references.

All staff who have access to identifiable air cargo/air mail shall be made aware of their security responsibilities as set out in these instructions.

Responsible nominee

At least one person responsible for the application and control of these instructions shall be nominated (responsible nominee).

Consignment integrity

Consignments of air cargo/air mail shall not contain any prohibited articles, unless they have been properly declared and subjected to the applicable laws and regulations.

Consignments of air cargo/air mail shall be protected against unauthorised interference.

Consignments of air cargo/air mail shall be adequately packaged and, where possible, include tamper evident closure.

Consignments of air cargo/air mail being shipped shall be fully described on the attached documentation together with correct addressing information.

Transport

Where the account consignor is responsible for the transport of consignments of air cargo/air mail, the consignments shall be protected against unauthorised interference.

Where a contractor is used by the account consignor:

  1. (a)

    the consignments shall be sealed before transportation; and

  2. (b)

    the haulier declaration as contained in Attachment 6-E shall be agreed by the haulier who transports on behalf of the account consignor.

The signed declaration or a copy of the appropriate authority equivalent shall be retained by the account consignor.

Irregularities

Irregularities, apparent or suspected, related to these instructions shall be reported to the responsible nominee. The responsible nominee shall take appropriate action.

Consignments from other sources

An account consignor may pass consignments which it has not itself originated to a regulated agent, 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 on accompanying documentation.

All such consignments must be screened before they are loaded on to an aircraft.

Unannounced inspections

Aviation security inspectors from the appropriate authority may conduct unannounced inspections to verify compliance with these instructions. The inspectors will always carry an official pass, which must be produced on demand when an inspection is being conducted on your premises. The pass includes the name and photograph of the inspector.

Prohibited articles

Assembled explosive and incendiary devices shall not be carried in consignments of cargo unless the requirements of all safety rules are met in full.

Declaration of commitments

The ‘Declaration of commitments — account consignor’ does not have to be signed and submitted to the regulated agent, if your company is a holder of an AEO certificate referred to in point (b) or (c) of Article 14a(1) of Commission Regulation (EEC) No 2454/9332

However, you must inform the regulated agent immediately if your company is no longer a holder of an AEO certificate. In this case, the regulated agent will inform you of how to ensure the account consignor status.

DECLARATION OF COMMITMENTS — ACCOUNT CONSIGNOR

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council33 and its implementing acts,

I declare that,

  • [name of company] complies with these ‘Aviation security instructions for account consignors’,

  • [name of company] ensures that these instructions are communicated to staff with access to air cargo/air mail,

  • [name of company] keeps air cargo/air mail secure until it is handed over to the regulated agent,

  • [name of company] accepts that consignments may be subject to security controls, including screening, and

  • [name of company] accepts unannounced inspections at its premises by the appropriate authority of the Member State in which it is located in order to assess whether [name of company] complies with these instructions.

I shall accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-E

HAULIER DECLARATION

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council33 and its implementing acts,

When collecting, carrying, storing and delivering air cargo/mail to which security controls have been applied [on behalf of name of regulated agent/air carrier applying security controls for cargo or mail/known consignor/account consignor], I confirm that the following security procedures will be adhered to:

  • All staff who transport this air cargo/mail will have received general security awareness training in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998;

  • The integrity of all staff being recruited with access to this air cargo/mail will be verified. This verification shall include at least a check of the identity (if possible by photographic identity card, driving licence or passport) and a check of the curriculum vitae and/or provided references;

  • Load compartments in vehicles will be sealed or locked. Curtain sided vehicles will be secured with TIR cords. The load areas of flatbed trucks will be kept under observation when air cargo is being transported;

  • Immediately prior to loading, the load compartment will be searched and the integrity of this search maintained until loading is completed;

  • Each driver will carry an identity card, passport, driving licence or other document, containing a photograph of the person, which has been issued or recognised by the national authorities;

  • Drivers will not make unscheduled stops between collection and delivery. Where this is unavoidable, the driver will check the security of the load and the integrity of locks and/or seals on his return. If the driver discovers any evidence of interference, he will notify his supervisor and the air cargo/mail will not be delivered without notification at delivery;

  • Transport will not be subcontracted to a third party, unless the third party:

    1. (a)

      has a haulier agreement with the regulated agent, known consignor or account consignor responsible for the transport [same name as above]; or

    2. (b)

      is approved or certified by the appropriate authority; or

    3. (c)

      has a haulier agreement with the undersigned haulier requiring that the third party will not subcontract further and implements the security procedures contained in this declaration. The undersigned haulier retains full responsibility for the entire transport on behalf of the regulated agent, known consignor or account consignor; and

  • No other services (e.g. storage) will be sub-contracted to any other party other than a regulated agent or an entity that has been certified or approved and listed for the provision of these services by the appropriate authority.

I accept full responsibility for this declaration.

Name:

Position in company:

Name and address of the company:

Date:

Signature:

F7ATTACHMENT 6-FCARGO AND MAIL

6-FiTHIRD 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, THAT ARE RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS ON CIVIL AVIATION SECURITY

As regards cargo and mail, the following third countries have been recognised as applying security standards equivalent to the common basic standards on civil aviation security:

Montenegro

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.

6-FiiTHIRD 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, FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED, ARE LISTED IN COMMISSION IMPLEMENTING DECISION C(2015) 8005

6- FiiiVALIDATION ACTIVITIES OF THIRD COUNTRIES, AS WELL AS OF 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, THAT ARE RECOGNISED AS EQUIVALENT TO EU AVIATION SECURITY VALIDATION.

No provisions adopted yet.

ATTACHMENT 6-G

PROVISIONS RELATING TO THIRD COUNTRY CARGO AND MAIL

The ACC3 security programme shall set out, as applicable and either for each third country airport individually or as a generic document specifying any variations at named third country airports:

  1. (a)

    description of measures for air cargo and mail;

  2. (b)

    procedures for acceptance;

  3. (c)

    regulated agent scheme and criteria;

  4. (d)

    known consignor scheme and criteria;

  5. (e)

    account consignor scheme and criteria;

  6. (f)

    standard of screening;

  7. (g)

    location of screening;

  8. (h)

    details of screening equipment;

  9. (i)

    details of operator or service provider;

  10. (j)

    list of exemptions from security screening;

  11. (k)

    treatment of high risk air cargo and mail.

F1ATTACHMENT 6-H1DECLARATION OF COMMITMENTS — EU AVIATION SECURITY VALIDATED ACC3

On behalf of [name of air carrier] I take note of the following:

This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.

[name of air carrier] can only be designated air cargo or mail carrier operating into the Union from a third country airport (ACC3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the ACC3 have been entered in the Union database on supply chain security.

If a non-compliance in the security measures the report refers to is identified by the appropriate authority of an EU Member State or by the European Commission, this could lead to the withdrawal of [name of air carrier] designation as ACC3 already obtained for this airport which will prevent [name of air carrier] transport air cargo or mail into the EU or EEA area from this airport.

The report is valid for five years and shall therefore expire on … at the latest.

On behalf of [air carrier] I declare that:

  1. (1)

    [name of air carrier] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report.

  2. (2)

    I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:

    1. (a)

      any changes to [name of air carrier] security programme occur;

    2. (b)

      the overall responsibility for security is assigned to anyone other than the person named in point 1.7 of Attachment 6-C3 to Implementing Regulation (EU) 2015/1998;

    3. (c)

      there are any other changes to premises or procedures likely to significantly impact on security;

    4. (d)

      the air carrier ceases trading, no longer deals with air cargo or mail bound to the Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.

  3. (3)

    [name of air carrier] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated ACC3 where security standards were identified as insufficient, until the subsequent validation of [name of air carrier] activities.

  4. (4)

    [name of air carrier] will inform the designating appropriate authority in case it is not able to request, obtain or ensure the application of appropriate security controls in respect of cargo or mail it accepts for carriage into the EU or EEA area, or it cannot exercise effective oversight on its supply chain.

On behalf of [name of air carrier] I accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-H2DECLARATION OF COMMITMENTS — THIRD COUNTRY EU AVIATION SECURITY VALIDATED REGULATED AGENT (RA3)

On behalf of [name of entity] I take note of the following:

This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.

[Name of entity] can only be designated third country EU aviation security validated regulated agent (RA3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the RA3 have been entered in the Union database on supply chain security.

If a non-compliance in the security measures the report refers to is identified by the appropriate authority of a Union Member State or by the European Commission, this could lead to the withdrawal of [name of entity] designation as a RA3 already obtained for this premises which will prevent [name of entity] from delivering secured air cargo or mail for EU or EEA destination to an ACC3 or another RA3.

The report is valid for three years and shall therefore expire on … at the latest.

On behalf of [name of entity] I declare that:

  1. (1)

    [name of entity] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report.

  2. (2)

    I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:

    1. (a)

      any changes to [name of entity] security programme occur;

    2. (b)

      the overall responsibility for security is assigned to anyone other than the person named in point 1.9 of Attachment 6-C2 to Implementing Regulation (EU) 2015/1998;

    3. (c)

      there are any other changes to premises or procedures likely to significantly impact on security;

    4. (d)

      the company ceases trading, no longer deals with air cargo or mail bound to the European Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.

  3. (3)

    [name of entity] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated RA3 where security standards were identified as insufficient, until the subsequent validation of [name of entity] activities.

  4. (4)

    [name of entity] will inform the ACC3s and RA3s to which it delivers secured air cargo and/or air mail if [name of entity] ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements validated in this report.

On behalf of [name of entity] I accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-H3DECLARATION OF COMMITMENTS — THIRD COUNTRY EU AVIATION SECURITY VALIDATED KNOWN CONSIGNOR (KC3)

On behalf of [name of entity] I take note of the following:

This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.

[Name of entity] can only be designated third country EU aviation security validated known consignor (KC3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the KC3 have been entered in the Union database on supply chain security.

If a non-compliance in the security measures the report refers to is identified by the appropriate authority of a Union Member State or by the European Commission, this could lead to the withdrawal of [name of entity] designation as a KC3 already obtained for this premises which will prevent [name of entity] from delivering secured air cargo or mail for EU or EEA destination to an ACC3 or an RA3.

The report is valid for three years and shall therefore expire on … at the latest.

On behalf of [name of entity] I declare that:

  1. (1)

    [name of entity] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report;

  2. (2)

    I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:

    1. (a)

      any changes to [name of entity] security programme occur;

    2. (b)

      the overall responsibility for security is assigned to anyone other than the person named in point 1.9 of Attachment 6-C4 to Implementing Regulation (EU) 2015/1998;

    3. (c)

      there are any other changes to premises or procedures likely to significantly impact on security;

    4. (d)

      the company ceases trading, no longer deals with air cargo/mail bound to the European Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.

  3. (3)

    [name of entity] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated KC3 where security standards were identified as insufficient, until the subsequent validation of [name of entity] activities.

  4. (4)

    [name of entity] will inform the ACC3s and RA3s to which it delivers secured air cargo and/or air mail if [name of entity] ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements validated in this report.

On behalf of [name of entity] I accept full responsibility for this declaration.

Name:

Position in company:

Date:

Signature:

ATTACHMENT 6-I

Provisions for high risk cargo are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 6-J

Provisions for the use of screening equipment are laid down in Commission Implementing Decision C(2015) 8005.

7.AIR CARRIER MAIL AND AIR CARRIER MATERIALS

7.0GENERAL PROVISIONS

Unless otherwise stated or unless the implementation of security controls as referred to in Chapters 4, 5 and 6, respectively, are ensured by an authority, airport operator, entity or another air carrier, an air carrier shall ensure the implementation of the measures set out in this Chapter as regards its air carrier mail and air carrier materials.

7.1AIR CARRIER MAIL AND AIR CARRIER MATERIALS TO BE LOADED ONTO AN AIRCRAFT

7.1.1

Before being loaded into the hold of an aircraft, air carrier mail and air carrier materials shall either be screened and protected in accordance with Chapter 5 or be subjected to security controls and protected in accordance with Chapter 6.

7.1.2

Before being loaded into any part of an aircraft other than the hold, air carrier mail and air carrier materials shall be screened and protected in accordance with the provisions on cabin baggage in Chapter 4.

7.1.3

Air carrier mail and air carrier materials to be loaded onto an aircraft shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

7.2AIR CARRIER MATERIALS USED FOR PASSENGER AND BAGGAGE PROCESSING

7.2.1

Air carrier materials which are used for the purposes of passenger and baggage processing and which could be used to compromise aviation security shall be protected or kept under surveillance in order to prevent unauthorised access.

Self-check-in and applicable Internet options allowed for use by passengers shall be considered as authorised access to such materials.

7.2.2

Discarded materials which could be used to facilitate unauthorised access or move baggage into the security restricted area or onto aircraft shall be destroyed or invalidated.

7.2.3

Departure control systems and check-in systems shall be managed in such a manner as to prevent unauthorised access.

Self-check-in allowed for use by passengers shall be considered as authorised access to such systems.

8.IN-FLIGHT SUPPLIES

8.0GENERAL PROVISIONS

8.0.1

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.

8.0.2

For the purpose of this Chapter, ‘in-flight supplies’ means all items intended to be taken on board an aircraft for use, consumption or purchase by passengers or crew during a flight, other than:

  1. (a)

    cabin baggage; and

  2. (b)

    items carried by persons other than passengers; and

  3. (c)

    air carrier mail and air carrier materials.

For the purpose of this Chapter, ‘regulated supplier of in-flight supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of in-flight supplies directly to aircraft.

For the purpose of this Chapter, ‘known supplier of in-flight supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of in-flight supplies to an air carrier or regulated supplier, but not directly to aircraft.

8.0.3

Supplies shall be considered as in-flight supplies from the time that they are identifiable as supplies to be taken on board an aircraft for use, consumption or purchase by passengers or crew during a flight.

8.0.4

The list of prohibited articles in in-flight supplies is the same as the one set out in Attachment 1-A. Prohibited articles shall be handled in accordance with point 1.6.

8.1SECURITY CONTROLS

8.1.1Security controls — general provisions

8.1.1.1

In-flight supplies shall be screened before being taken into a security restricted area, unless:

  1. (a)

    the required security controls have been applied to the supplies by an air carrier that delivers these to its own aircraft and the supplies have been protected from unauthorised interference from the time that those controls were applied until delivery at the aircraft; or

  2. (b)

    the required security controls have been applied to the supplies by a regulated supplier and the supplies have been protected from unauthorised interference from the time that those controls were applied until arrival at the security restricted area or, where applicable, until delivery to the air carrier or another regulated supplier; or

  3. (c)

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

8.1.1.2

Where there is any reason to believe that in-flight supplies to which security controls have been applied have been tampered with or have not been protected from unauthorised interference from the time that those controls were applied, they shall be screened before being allowed into security restricted areas.

8.1.1.3

The security controls of in-flight supplies shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

8.1.2Screening

8.1.2.1

When screening in-flight supplies, the means or method employed shall take into consideration the nature of the supplies and shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the supplies.

8.1.2.2

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

8.1.2.3

The following means or method of screening, either individually or in combination, shall be applied:

  1. (a)

    visual check;

  2. (b)

    hand search;

  3. (c)

    x-ray equipment;

  4. (d)

    EDS equipment;

  5. (e)

    ETD equipment in combination with point (a);

  6. (f)

    explosive detection dogs in combination with point (a).

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

8.1.3Approval of regulated suppliers

8.1.3.1

Regulated suppliers shall be approved by the appropriate authority.

The approval as a regulated supplier shall be site specific.

Any entity that ensures the security controls as referred to in point 8.1.5 and delivers in-flight supplies directly to aircraft shall be approved as a regulated supplier. This shall not apply to an air carrier that applies these security controls itself and delivers supplies only to its own aircraft.

8.1.3.2

The following procedure shall apply for the approval of regulated suppliers:

  1. (a)

    the entity shall seek approval from the appropriate authority of the Member State in which its site is located in order to be granted the status of regulated supplier.

    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 supplier in order to comply with the requirements of point 8.1.5. The programme shall also describe how compliance with these methods and procedures is to be monitored by the supplier itself.

    The applicant shall also submit the ‘Declaration of commitments — regulated supplier of in-flight supplies’ as contained in Attachment 8-A. This declaration shall be signed by the legal representative or by the person responsible for security.

    The signed declaration shall be retained by the appropriate authority concerned;

  2. (b)

    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 point 8.1.5;

  3. (c)

    F1if the appropriate authority is satisfied with the information provided in accordance with points (a) and (b), it shall ensure that the necessary details of the regulated supplier 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, the reasons shall promptly be notified to the entity seeking approval as a regulated supplier;

  4. (d)

    F5a regulated supplier shall not be considered as approved until its details are listed in the Union database on supply chain security.

8.1.3.3

A regulated supplier shall be re-validated at regular intervals not exceeding 5 years. This shall include an on-site verification in order to assess whether the regulated supplier still complies with the requirements of point 8.1.5.

An inspection at the premises of the regulated supplier 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 of point 8.1.5.

8.1.3.4

If the appropriate authority is no longer satisfied that the regulated supplier complies with the requirements of point 8.1.5, it shall withdraw the status of regulated supplier for the specified sites.

8.1.3.5

Without prejudice to the right of each Member State to apply more stringent measures in accordance with Article 6 of Regulation (EC) No 300/2008, a regulated supplier approved in accordance with point 8.1.3 shall be recognised in all Member States.

8.1.4Designation of known suppliers

8.1.4.1

Any entity (‘the supplier’) that ensures the security controls as referred to in point 8.1.5 and delivers in-flight supplies, but not directly to aircraft, shall be designated as a known supplier by the operator or the entity to whom it delivers (‘the designating entity’). This shall not apply to a regulated supplier.

8.1.4.2

In order to be designated as a known supplier, the supplier must provide the designating entity with:

  1. (a)

    the ‘Declaration of commitments — known supplier of in-flight supplies’ as contained in Attachment 8-B. This declaration shall be signed by the legal representative; and

  2. (b)

    the security programme covering the security controls as referred to in point 8.1.5.

8.1.4.3

All known suppliers must be designated on the basis of validations of:

  1. (a)

    the relevance and completeness of the security programme in respect of point 8.1.5; and

  2. (b)

    the implementation of the security programme without deficiencies.

If the appropriate authority or the designating entity is no longer satisfied that the known supplier complies with the requirements of point 8.1.5, the designating entity shall withdraw the status of known supplier without delay.

8.1.4.4

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

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

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

8.1.4.5

The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:

  1. (a)

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

  2. (b)

    regular checks upon reception of supplies delivered by that known supplier, starting after the designation, including:

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

    • a verification that the supplies are properly secured; and

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

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

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

8.1.4.6

The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the designating entity.

8.1.4.7

The designating entity shall keep:

  1. (a)

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

  2. (b)

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

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

8.1.5Security controls to be applied by an air carrier, a regulated supplier and a known supplier

8.1.5.1

An air carrier, a regulated supplier and a known supplier of in-flight supplies shall:

  1. (a)

    appoint a person responsible for security in the company; and

  2. (b)

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

  3. (c)

    prevent unauthorised access to its premises and in-flight supplies; and

  4. (d)

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

  5. (e)

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

    Point (e) shall not apply during airside transportation.

8.1.5.2

If a known supplier uses another company that is not a known supplier to the air carrier or regulated supplier for transporting supplies, the known supplier shall ensure that all security controls listed in point 8.1.5.1 are adhered to.

8.1.5.3

The security controls to be applied by an air carrier and a regulated supplier shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

8.2PROTECTION OF IN-FLIGHT SUPPLIES

Detailed provisions for the protection of in-flight supplies are laid down in Commission Implementing Decision C(2015) 8005.

8.3ADDITIONAL SECURITY PROVISIONS FOR IN-FLIGHT SUPPLIES OF LAGS AND STEBS

8.3.1

In-flight supplies of STEBs shall be delivered in tamper-evident packaging to an airside area or to a security restricted area.

8.3.2

After first reception on airside or in a security restricted area and until their final sale on the aircraft, LAGs and STEBs shall be protected from unauthorised interference.

8.3.3

Detailed provisions for the additional security provisions for in- flight supplies of LAGs and STEBs are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 8-A

DECLARATION OF COMMITMENTS

REGULATED SUPPLIER OF IN-FLIGHT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council34 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 deliver in-flight supplies directly to aircraft (and thus no longer wishes to trade as a regulated supplier),

  • [name of company] will inform [name of appropriate authority] in writing of:

    1. (a)

      minor changes to its security programme, such as company name, person responsible for security or contact details, promptly but at least within 10 working days; and

    2. (b)

      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 in-flight supplies, in particular any attempt to conceal prohibited articles in supplies,

  • [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:

    1. (a)

      it ceases trading;

    2. (b)

      it no longer delivers in-flight supplies directly to aircraft; or

    3. (c)

      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:

ATTACHMENT 8-B

DECLARATION OF COMMITMENTS

KNOWN SUPPLIER OF IN-FLIGHT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council35 and its implementing acts,

I declare that,

  • [name of company] will

    1. (a)

      appoint a person responsible for security in the company; and

    2. (b)

      ensure that persons with access to in-flight supplies receive general security awareness training in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998 before being given access to these supplies. In addition, ensure that persons implementing screening of in-flight supplies receive training according to 11.2.3.3 of the Annex to Implementing Regulation (EU) 2015/1998 and persons implementing other security controls in respect of in-flight supplies receive training according to 11.2.3.10 of the Annex to Implementing Regulation (EU) 2015/1998; and

    3. (c)

      prevent unauthorised access to its premises and in-flight supplies; and

    4. (d)

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

    5. (e)

      apply tamper-evident seals to, or physically protect, all vehicles and/or containers that transport in-flight supplies (this point will not apply during airside transportation).

When using another company that is not a known supplier to the air carrier or regulated supplier for transporting supplies, [name of company] will ensure that all security controls listed above are adhered to,

  • in order to ensure compliance, [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 [the air carrier or regulated supplier to whom it delivers in-flight supplies] of any serious security breaches and of any suspicious circumstances which may be relevant to in-flight supplies, in particular any attempt to conceal prohibited articles in supplies,

  • [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, and

  • [name of company] will inform [the air carrier or regulated supplier to whom it delivers in-flight supplies] if:

    1. (a)

      it ceases trading; or

    2. (b)

      it can no longer meet the requirements of the relevant Union legislation.

I shall accept full responsibility for this declaration.

Legal representative

Name:

Date:

Signature:

9.AIRPORT SUPPLIES

9.0GENERAL PROVISIONS

9.0.1

Unless otherwise stated or unless the implementation of screening is ensured by an authority or entity, an airport operator shall ensure the implementation of the measures set out in this Chapter.

9.0.2

For the purpose of this Chapter,

  1. (a)

    ‘airport supplies’ mean all items intended to be sold, used or made available for any purpose or activity in the security restricted area of airports, other than ‘items carried by persons other than passengers’;

  2. (b)

    ‘known supplier of airport supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of airport supplies to security restricted areas.

9.0.3

Supplies shall be considered as airport supplies from the time that they are identifiable as supplies to be sold, used or made available in security restricted areas of airports.

9.0.4

The list of prohibited articles in airport supplies is the same as the one set out in Attachment 1-A. Prohibited articles shall be handled in accordance with point 1.6.

9.1SECURITY CONTROLS

9.1.1Security controls — general provisions

9.1.1.1

Airport supplies shall be screened before being allowed into security restricted areas, unless:

  1. (a)

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

  2. (b)

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

9.1.1.2

Airport supplies which originate in the security restricted area may be exempted from these security controls.

9.1.1.3

Where there is any reason to believe that airport supplies to which security controls have been applied have been tampered with or have not been protected from unauthorised interference from the time that those controls were applied, they shall be screened before being allowed into security restricted areas.

9.1.2Screening

9.1.2.1

When screening airport supplies, the means or method employed shall take into consideration the nature of the supply and shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the supply.

9.1.2.2

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

9.1.2.3

The following means or method of screening, either individually or in combination, shall be applied:

  1. (a)

    visual check;

  2. (b)

    hand search;

  3. (c)

    x-ray equipment;

  4. (d)

    EDS equipment;

  5. (e)

    ETD equipment in combination with point (a);

  6. (f)

    explosive detection dogs in combination with point (a).

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

9.1.3Designation of known suppliers

9.1.3.1

Any entity (‘the supplier’) that ensures the security controls as referred to in point 9.1.4 and delivers airport supplies shall be designated as a known supplier by the airport operator.

9.1.3.2

In order to be designated as a known supplier, the supplier must provide the airport operator with:

  1. (a)

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

  2. (b)

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

9.1.3.3

All known suppliers must be designated on the basis of validations of:

  1. (a)

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

  2. (b)

    the implementation of the security programme without deficiencies.

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

9.1.3.4

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

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

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

9.1.3.5

The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:

  1. (a)

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

  2. (b)

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

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

    • a verification that the supplies are properly secured; and

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

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

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

9.1.3.6

The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the airport operator.

9.1.3.7

The airport operator shall keep:

  1. (a)

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

  2. (b)

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

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

9.1.4Security controls to be applied by a known supplier or airport operator

9.1.4.1

A known supplier of airport supplies or airport operator delivering airport supplies to the security restricted area shall:

  1. (a)

    appoint a person responsible for security in the company; and

  2. (b)

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

  3. (c)

    prevent unauthorised access to its premises and airport supplies; and

  4. (d)

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

  5. (e)

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

Point (e) shall not apply during airside transportation.

9.1.4.2

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

9.2PROTECTION OF AIRPORT SUPPLIES

Detailed provisions for the protection of airport supplies are laid down in Commission Implementing Decision C(2015) 8005.

9.3ADDITIONAL SECURITY PROVISIONS FOR SUPPLIES OF LAGS AND STEBS

9.3.1

Supplies of STEBs shall be delivered in tamper-evident packaging to an airside area beyond the point where boarding passes are controlled or to a security restricted area.

9.3.2

After first reception on airside or in a security restricted area and until their final sale at the outlet, LAGs and STEBs shall be protected against unauthorised interference.

9.3.3

Detailed provisions for the additional security provisions for supplies of LAGs and STEBs are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 9-A

DECLARATION OF COMMITMENTS

KNOWN SUPPLIER OF AIRPORT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council36 and its implementing acts,

I declare that,

  • [name of company] will

    1. (a)

      appoint a person responsible for security in the company; and

    2. (b)

      ensure that persons with access to airport supplies receive general security awareness training in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998 before being given access to these supplies. In addition, ensure that persons implementing screening of airport supplies receive training according to point 11.2.3.3 of the Annex to Implementing Regulation (EU) 2015/1998 and persons implementing other security controls in respect of airport supplies receive training according to point 11.2.3.10 of the Annex to Implementing Regulation (EU) 2015/1998; and

    3. (c)

      prevent unauthorised access to its premises and airport supplies; and

    4. (d)

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

    5. (e)

      apply tamper-evident seals to, or physically protect, all vehicles and/or containers that transport airport supplies (this point will not apply during airside transportation).

When using another company that is not a known supplier to the airport operator for transporting supplies, [name of company] will ensure that all security controls listed above are adhered to,

  • in order to ensure compliance, [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 [the airport operator] of any serious security breaches and of any suspicious circumstances which may be relevant to airport supplies, in particular any attempt to conceal prohibited articles in supplies,

  • [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, and

  • [name of company] will inform [the airport operator] if:

    1. (a)

      it ceases trading; or

    2. (b)

      it can no longer meet the requirements of the relevant EU legislation.

I shall accept full responsibility for this declaration.

Legal representative

Name:

Date:

Signature:

10.IN-FLIGHT SECURITY MEASURES

No provisions in this Regulation.

11.STAFF RECRUITMENT AND TRAINING

11.0GENERAL PROVISIONS

11.0.1

The authority, airport operator, air carrier or entity deploying persons implementing, or responsible for implementing, measures for which it is responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure that these persons meet the standards set out in this Chapter.

11.0.2

For the purpose of this Chapter, ‘certification’ means a formal evaluation and confirmation by or on behalf of the appropriate authority indicating that the person has successfully completed the relevant training and that the person possesses the necessary competencies to perform assigned functions to an acceptable level.

11.0.3

For the purposes of this Chapter, a ‘state of residence’ shall be any country in which the person has been resident continuously for 6 months or more and a ‘gap’ in the record of education or employment shall mean any gap of more than 28 days.

11.0.4

For the purposes of this Chapter, ‘competency’ means being able to demonstrate suitable knowledge and skills.

11.0.5

Competencies acquired by persons prior to recruitment may be taken into consideration when assessing any training needs under this Chapter.

11.0.6

Where relevant competencies required by this Regulation that are not specific to aviation security have been acquired through training not delivered by an instructor in line with point 11.5 of this Regulation and/or through courses not specified or approved by the appropriate authority, it may be taken into consideration when assessing any training needs under this Chapter.

11.0.7

Where a person has received training and acquired competencies listed in point 11.2, the training need not be repeated for another function other than for the purposes of recurrent training.

11.1RECRUITMENT

11.1.1

Persons being recruited to implement, or to be responsible for the implementation of, screening, access control or other security controls in a security restricted area shall have successfully completed a background check.

11.1.2

Persons being recruited to implement, or to be responsible for the implementation of, screening, access control or other security controls elsewhere than a security restricted area shall have successfully completed a background or pre-employment check. Unless otherwise specified in this Regulation, whether a background or pre-employment check has to be completed shall be determined by the appropriate authority in accordance with applicable national rules.

F4Pre-employment checks shall be discontinued by 31 July 2019. Persons having completed a pre-employment check shall undergo a background check by 30 June 2020 at the latest.

11.1.3

In accordance with the applicable rules of Union and national law, a background check shall at least:

  1. (a)

    establish the person's identity on the basis of documentary evidence; and

  2. (b)

    cover criminal records in all states of residence during at least the preceding 5 years; and

  3. (c)

    cover employment, education and any gaps during at least the preceding 5 years.

11.1.4

In accordance with the applicable rules of Union and national law, a pre-employment check shall:

  1. (a)

    establish the person's identity on the basis of documentary evidence; and

  2. (b)

    cover employment, education and any gaps during at least the preceding 5 years; and

  3. (c)

    require the person to sign a declaration detailing any criminal history in all states of residence during at least the preceding 5 years.

11.1.5

Background or pre-employment checks shall be completed before the person undergoes any security training involving access to information which is not publicly available. Background checks shall be repeated at regular intervals not exceeding five years.

11.1.6

The recruitment process for all persons being recruited under points 11.1.1 and 11.1.2 shall include at least a written application and an interview stage designed to provide an initial assessment of abilities and aptitudes.

11.1.7

Persons being recruited to implement security controls shall have the mental and physical abilities and aptitudes required to carry out their designated tasks effectively and shall be made aware of the nature of these requirements at the outset of the recruitment process.

These abilities and aptitudes shall be assessed during the recruitment process and before completion of any probationary period.

11.1.8

Recruitment records, including results of any assessment tests, shall be kept for all persons recruited under points 11.1.1 and 11.1.2 for at least the duration of their contract.

11.2TRAINING

11.2.1General training obligations

11.2.1.1

Persons shall have successfully completed relevant training before being authorised to implement security controls unsupervised.

11.2.1.2

Training of persons performing tasks as listed in points 11.2.3.1 to 11.2.3.5 and point 11.2.4 shall include theoretical, practical and on- the-job training elements.

11.2.1.3

The content of courses shall be specified or approved by the appropriate authority before:

  1. (a)

    an instructor delivers any training required under Regulation (EC) No 300/2008 and its implementing acts; or

  2. (b)

    a computer based training course is used in order to meet the requirements of Regulation (EC) No 300/2008 and its implementing acts.

    Computer based training may be used with or without the support of an instructor or coach.

11.2.1.4

Training records shall be kept for all persons trained for at least the duration of their contract.

11.2.2Basic training

Basic training of persons performing tasks as listed in points 11.2.3.1, 11.2.3.4 and 11.2.3.5 as well as in points 11.2.4, 11.2.5 and 11.5 shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    knowledge of the legal framework for aviation security;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (d)

    knowledge of access control procedures;

  5. (e)

    F1knowledge of identification card systems in use;

  6. (f)

    knowledge of procedures for challenging persons and of circumstances in which persons should be challenged or reported;

  7. (g)

    knowledge of reporting procedures;

  8. (h)

    ability to identify prohibited articles;

  9. (i)

    ability to respond appropriately to security related incidents;

  10. (j)

    knowledge of how human behaviour and responses can affect security performance;

  11. (k)

    ability to communicate clearly and confidently.

11.2.3Job specific training for persons implementing security controls

11.2.3.1

Job specific training of persons implementing screening of persons, cabin baggage, items carried and hold baggage shall result in all of the following competencies:

  1. (a)

    understanding of the configuration of the screening checkpoint and the screening process;

  2. (b)

    knowledge of how prohibited articles may be concealed;

  3. (c)

    ability to respond appropriately to the detection of prohibited articles;

  4. (d)

    knowledge of the capabilities and limitations of security equipment or screening methods used;

  5. (e)

    knowledge of emergency response procedures.

In addition, where the designated tasks of the person concerned so require, training shall also result in the following competences:

  1. (f)

    interpersonal skills, in particular how to deal with cultural differences and with potentially disruptive passengers;

  2. (g)

    knowledge of hand searching techniques;

  3. (h)

    ability to carry out hand searches to a standard sufficient to reasonably ensure the detection of concealed prohibited articles;

  4. (i)

    knowledge of exemptions from screening and special security procedures;

  5. (j)

    ability to operate the security equipment used;

  6. (k)

    ability to correctly interpret images produced by security equipment; and

  7. (l)

    knowledge of protection requirements for hold baggage.

11.2.3.2

Training of persons implementing screening of cargo and mail shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls in the supply chain;

  4. (d)

    ability to identify prohibited articles;

  5. (e)

    ability to respond appropriately to the detection of prohibited articles;

  6. (f)

    knowledge of the capabilities and limitations of security equipment or screening methods used;

  7. (g)

    knowledge of how prohibited articles may be concealed;

  8. (h)

    knowledge of emergency response procedures;

  9. (i)

    knowledge of protection requirements for cargo and mail;

In addition, where the designated tasks of the person concerned so require, training shall also result in the following competences:

  1. (j)

    knowledge of screening requirements for cargo and mail, including exemptions and special security procedures;

  2. (k)

    knowledge of screening methods appropriate for different types of cargo and mail;

  3. (l)

    knowledge of hand searching techniques;

  4. (m)

    ability to carry out hand searches to a standard sufficient to reasonably ensure the detection of concealed prohibited articles;

  5. (n)

    ability to operate the security equipment used;

  6. (o)

    ability to correctly interpret images produced by security equipment;

  7. (p)

    knowledge of transportation requirements.

11.2.3.3

Training of persons implementing screening of air carrier mail and materials, in-flight supplies and airport supplies shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls in the supply chain;

  4. (d)

    ability to identify prohibited articles;

  5. (e)

    ability to respond appropriately to the detection of prohibited articles;

  6. (f)

    knowledge of how prohibited articles may be concealed;

  7. (g)

    knowledge of emergency response procedures;

  8. (h)

    knowledge of the capabilities and limitations of security equipment or screening methods used;

In addition, where the designated tasks of the person concerned so require, training shall also result in the following competences:

  1. (i)

    knowledge of hand searching techniques;

  2. (j)

    ability to carry out hand searches to a standard sufficient to reasonably ensure the detection of concealed prohibited articles;

  3. (k)

    ability to operate the security equipment used;

  4. (l)

    ability to correctly interpret images produced by security equipment;

  5. (m)

    knowledge of transportation requirements.

11.2.3.4

Specific training of persons performing vehicle examinations shall result in all of the following competencies:

  1. (a)

    knowledge of the legal requirements for vehicle examinations, including exemptions and special security procedures;

  2. (b)

    ability to respond appropriately to the detection of prohibited articles;

  3. (c)

    knowledge of how prohibited articles may be concealed;

  4. (d)

    knowledge of emergency response procedures;

  5. (e)

    knowledge of vehicle examination techniques;

  6. (f)

    ability to carry out vehicle examinations to a standard sufficient to reasonably ensure the detection of concealed prohibited articles.

11.2.3.5

Specific training of persons implementing access control at an airport as well as surveillance and patrols shall result in all of the following competencies:

  1. (a)

    knowledge of the legal requirements for access control, including exemptions and special security procedures;

  2. (b)

    knowledge of access control systems used at the airport;

  3. (c)

    knowledge of authorisations, including identification cards and vehicle passes, providing access to airside areas and ability to identify those authorisations;

  4. (d)

    knowledge of procedures for patrolling and for challenging persons and of circumstances in which persons should be challenged or reported:

  5. (e)

    ability to respond appropriately to the detection of prohibited articles;

  6. (f)

    knowledge of emergency response procedures;

  7. (g)

    interpersonal skills, in particular how to deal with cultural differences and with potentially disruptive passengers.

11.2.3.6

Training of persons implementing aircraft security searches shall result in all of the following competencies:

  1. (a)

    knowledge of the legal requirements for aircraft security searches;

  2. (b)

    knowledge of the configuration of the type(s) of aircraft on which the person is to implement aircraft security searches;

  3. (c)

    ability to identify prohibited articles;

  4. (d)

    ability to respond appropriately to the detection of prohibited articles;

  5. (e)

    knowledge of how prohibited articles may be concealed;

  6. (f)

    ability to implement aircraft security searches to a standard sufficient to reasonably ensure the detection of concealed prohibited articles.

In addition, where the person holds an airport identification card, training shall also result in all of the following competences:

  1. (g)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (h)

    knowledge of the legal framework for aviation security;

  3. (i)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (j)

    understanding of the configuration of the screening checkpoint and the screening process;

  5. (k)

    awareness of access control and relevant screening procedures;

  6. (l)

    knowledge of airport identification card used at the airport.

11.2.3.7

Training of persons implementing aircraft protection shall result in all of the following competencies:

  1. (a)

    knowledge of how to protect and prevent unauthorised access to aircraft;

  2. (b)

    knowledge of procedures for sealing aircraft, if applicable for the person to be trained;

  3. (c)

    knowledge of identification card systems used at the airport;

  4. (d)

    knowledge of procedures for challenging persons and of circumstances in which persons should be challenged or reported; and

  5. (e)

    knowledge of emergency response procedures.

In addition, where the person holds an airport identification card, training shall also result in all of the following competences:

  1. (f)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (g)

    knowledge of the legal framework for aviation security;

  3. (h)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (i)

    understanding of the configuration of the screening checkpoint and the screening process;

  5. (j)

    awareness of access control and relevant screening procedures.

11.2.3.8

Training of persons implementing baggage reconciliation shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (d)

    ability to respond appropriately to the detection of prohibited articles;

  5. (e)

    knowledge of emergency response procedures;

  6. (f)

    knowledge of passenger and baggage reconciliation requirements and techniques;

  7. (g)

    knowledge of protection requirements for air carrier materials used for passenger and baggage processing.

F5In addition, where the person holds an airport identification card, training shall also result in all of the following competences:

  1. (h)

    understanding of the configuration of the screening checkpoint and the screening process;

  2. (i)

    awareness of access control and relevant screening procedures;

  3. (j)

    knowledge of airport identification cards used at the airport;

  4. (k)

    knowledge of reporting procedures;

  5. (l)

    ability to respond appropriately to security related incidents.

11.2.3.9

Training of persons implementing security controls for cargo and mail other than screening shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls in the supply chain;

  4. (d)

    knowledge of procedures for challenging persons and of circumstances in which persons should be challenged or reported;

  5. (e)

    knowledge of reporting procedures;

  6. (f)

    ability to identify prohibited articles;

  7. (g)

    ability to respond appropriately to the detection of prohibited articles;

  8. (h)

    knowledge of how prohibited articles may be concealed;

  9. (i)

    knowledge of protection requirements for cargo and mail;

  10. (j)

    knowledge of transportation requirements, if applicable.

F5In addition, where the person holds an airport identification card, training shall also result in all of the following competences:

  1. (k)

    understanding of the configuration of the screening checkpoint and the screening process;

  2. (l)

    awareness of access control and relevant screening procedures;

  3. (m)

    knowledge of identification cards in use;

  4. (n)

    ability to respond appropriately to security related incidents.

11.2.3.10

Training of persons implementing security controls for air carrier mail and materials, in-flight supplies and airport supplies other than screening shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (d)

    knowledge of procedures for challenging persons and of circumstances in which persons should be challenged or reported;

  5. (e)

    knowledge of reporting procedures;

  6. (f)

    ability to identify prohibited articles;

  7. (g)

    ability to respond appropriately to the detection of prohibited articles;

  8. (h)

    knowledge of how prohibited articles may be concealed;

  9. (i)

    knowledge of protection requirements for air carrier mail and materials, in-flight supplies and airport supplies, as applicable;

  10. (j)

    knowledge of transportation requirements, if applicable.

F5In addition, where the person holds an airport identification card, training shall also result in all of the following competences:

  1. (k)

    understanding of the configuration of the screening checkpoint and the screening process;

  2. (l)

    awareness of access control and relevant screening procedures;

  3. (m)

    knowledge of identification cards in use;

  4. (n)

    ability to respond appropriately to security related incidents.

11.2.4Specific training for persons directly supervising persons implementing security controls (supervisors)

Specific training of supervisors shall, in addition to the competencies of the persons to be supervised, result in all of the following competencies:

  1. (a)

    knowledge of the relevant legal requirements and how they should be met;

  2. (b)

    knowledge of supervisory tasks;

  3. (c)

    knowledge of internal quality control;

  4. (d)

    ability to respond appropriately to the detection of prohibited articles;

  5. (e)

    knowledge of emergency response procedures;

  6. (f)

    ability to provide mentoring and on-the-job training and to motivate other.

In addition, where the designated tasks of the person concerned so require, that training shall also result in all of the following competences:

  1. (g)

    knowledge of conflict management;

  2. (h)

    knowledge of the capabilities and limitations of security equipment or screening methods used.

11.2.5Specific training for persons with general responsibility at national or local level for ensuring that a security programme and its implementation meet all legal provisions (security managers)

Specific training of security managers shall result in all of the following competencies:

  1. (a)

    knowledge of the relevant legal requirements and how they should be met;

  2. (b)

    knowledge of internal, national, Union and international quality control;

  3. (c)

    ability to motivate others;

  4. (d)

    knowledge of the capabilities and limitations of security equipment or screening methods used.

11.2.6Training of persons other than passengers requiring unescorted access to security restricted areas

11.2.6.1

Persons other than passengers requiring unescorted access to security restricted areas and not falling under points 11.2.3 to 11.2.5 and 11.5 shall receive security awareness training before being issued with an authorisation granting unescorted access to security restricted areas.

For objective reasons, the appropriate authority may exempt persons from this training requirement if their access is limited to areas in the terminal accessible to passengers.

11.2.6.2

Security awareness training shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security, including the obligations and responsibilities of persons implementing security controls;

  4. (d)

    understanding of the configuration of the screening checkpoint and the screening process;

  5. (e)

    awareness of access control and relevant screening procedures;

  6. (f)

    knowledge of airport identification cards used at the airport;

  7. (g)

    knowledge of reporting procedures;

  8. (h)

    ability to respond appropriately to security related incidents.

11.2.6.3

Each person undergoing security awareness training shall be required to demonstrate understanding of all subjects referred to in point 11.2.6.2 before being issued with an authorisation granting unescorted access to security restricted areas.

11.2.7Training of persons requiring general security awareness

General security awareness training shall result in all of the following competencies:

  1. (a)

    knowledge of previous acts of unlawful interference with civil aviation, terrorist acts and current threats;

  2. (b)

    awareness of the relevant legal requirements;

  3. (c)

    knowledge of the objectives and organisation of aviation security in their working environment, including the obligations and responsibilities of persons implementing security controls;

  4. (d)

    knowledge of reporting procedures;

  5. (e)

    ability to respond appropriately to security related incidents.

Each person undergoing general security awareness training shall be required to demonstrate understanding of all subjects referred to in this point before taking up duty.

This training shall not apply to instructors falling under point 11.5.

11.3CERTIFICATION OR APPROVAL

11.3.1

Persons performing tasks as listed in points 11.2.3.1 to 11.2.3.5 shall be subject to:

  1. (a)

    an initial certification or approval process; and

  2. (b)

    F2for persons operating x-ray or EDS equipment, recertification at least every 3 years; and

  3. (c)

    for all other persons, recertification or reapproval at least every 5 years.

Persons performing tasks as listed in point 11.2.3.3 may be exempted from these requirements if they are only authorised to implement visual checks and/or hand searches.

F211.3.2

Persons operating x-ray or EDS equipment shall, as part of the initial certification or approval process, pass a standardised image interpretation test.

F211.3.3

The recertification or re-approval process for persons operating x-ray or EDS equipment shall include both the standardised image interpretation test and an evaluation of operational performance.

11.3.4

Failure to undertake or successfully complete recertification or reapproval within a reasonable timescale, not normally exceeding 3 months, shall result in the related security entitlements being withdrawn.

11.3.5

Certification or approval records shall be kept for all persons certified or approved, respectively, for at least the duration of their contract.

11.4RECURRENT TRAINING

11.4.1

Persons operating x-ray or EDS equipment shall be subject to recurrent training consisting of image recognition training and testing. This shall take the form of:

  1. (a)

    classroom and/or computer based training; or

  2. (b)

    on-the-job TIP training, on condition that a TIP library of at least 6 000 images, as specified below, is employed on the x-ray or EDS equipment used and the person works with this equipment during at least one third of his working hours.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For classroom and/or computer based training, persons shall be subject to image recognition training and testing for at least 6 hours in every 6 month period, using either:

  • an image library containing at least 1 000 images of at least 250 different threat articles, including images of component parts of threat articles, with each article captured in a variety of different orientations, and arranged to provide an unpredictable selection of images from the library during the training and testing; or

  • the most frequently missed TIP images from the TIP library in use combined with images of recently captured threat articles relevant for the type of screening operation and covering all types of relevant threat articles if only used once for the training of a given screener over a three-year period.

For on-the-job TIP training, the TIP library shall consist of at least 6 000 images of at least 1 500 different threat articles, including images of component parts of threat articles, with each article captured in a variety of different orientations.

F211.4.2

Evaluation of the performance of individual screeners shall be carried out at the end of every 6 month period. The results of this evaluation:

  1. (a)

    shall be provided to the person and recorded;

  2. (b)

    shall be used to identify weaknesses and inform future training and testing adapted to address those weaknesses; and

  3. (c)

    may be taken into consideration as part of the recertification or re-approval process.

11.4.3

Persons performing tasks as listed under point 11.2 other than those referred to in point 11.4.1 and 11.4.2 shall undergo recurrent training at a frequency sufficient to ensure that competencies are maintained and acquired in line with security developments.

Recurrent training shall be conducted:

  1. (a)

    for competencies acquired during initial basic, specific and security awareness training, at least once every 5 years or, in cases where the competencies have not been exercised for more than 6 months, before return to security duties; and

  2. (b)

    for new or extended competencies, as required to ensure that persons implementing, or responsible for implementing, security controls are promptly made aware of new threats and legal requirements by the time they have to be applied.

The requirements under (a) shall not apply to competencies acquired during specific training which are no longer required for the person's designated tasks.

11.4.4

Records of recurrent training shall be kept for all persons trained for at least the duration of their contract.

11.5QUALIFICATION OF INSTRUCTORS

11.5.1

Instructors shall at least fulfil all of the following requirements:

  1. (a)

    the successful completion of a background check in accordance with points 11.1.3 and 11.1.5;

  2. (b)

    competency in instructional techniques;

  3. (c)

    knowledge of the work environment in the relevant aviation security field;

  4. (d)

    competency in the security elements to be taught.

Certification shall at least apply to those instructors authorised to give training defined in points 11.2.3.1 to 11.2.3.5 and in points 11.2.4 (unless it concerns the training of supervisors exclusively supervising persons referred to in points 11.2.3.6 to 11.2.3.10) and 11.2.5.

F5Instructors shall be subject to recertification at least every 5 years.

11.5.2

Instructors shall receive regular training or information on developments in the relevant fields.

11.5.3

The appropriate authority shall maintain or have access to lists of instructors operating in the Member State.

11.5.4

If the appropriate authority is no longer satisfied that training delivered by an instructor is resulting in persons having the relevant competencies, or where the instructor fails the background check, it shall either withdraw approval of the course or ensure that the instructor is suspended or removed from the list of instructors, as appropriate. Where such action is taken, the appropriate authority shall also specify how the instructor may apply to have the suspension lifted, be reinstated on the list of instructors or have the course approval reinstated.

11.5.5

Any competencies acquired by an instructor in order to meet the requirements under this Chapter in one Member State shall be recognised in another Member State.

11.6EU AVIATION SECURITY VALIDATION

11.6.1

EU aviation security validation is a standardised, documented, impartial and objective process for obtaining and evaluating evidence to determine the level of compliance of the validated entity with requirements set out in Regulation (EC) No 300/2008 and its implementing acts.

11.6.2EU aviation security validation

EU aviation security validation:

  1. (a)

    may be a requirement for obtaining or maintaining a legal status under Regulation (EC) No 300/2008 and its implementing acts;

  2. (b)

    may be performed by an appropriate authority or a validator approved as EU aviation security validator or a validator recognised as equivalent to it, in accordance with this Chapter;

  3. (c)

    shall assess security measures applied under the responsibility of the validated entity or parts thereof for which the entity seeks validation. At least, it shall consist of:

    1. (1)

      an evaluation of security relevant documentation, including the validated entity's security programme or equivalent; and

    2. (2)

      a verification of the implementation of aviation security measures, which shall include an on-site verification of the validated entity's relevant operations, unless otherwise stated;

  4. (d)

    shall be recognised by all Member States.

11.6.3Approval requirements for EU aviation security validators

11.6.3.1

Member States shall approve EU aviation security validators based on conformity assessment capacity, which shall comprise:

  1. (a)

    independence from the validated industry, unless otherwise stated; and

  2. (b)

    appropriate personnel competence in the security area to be validated as well as methods to maintain such competence at the level referred to in 11.6.3.5; and

  3. (c)

    the functionality and appropriateness of validation processes.

11.6.3.2

Where relevant, the approval shall take account of accreditation certificates in relation to the relevant harmonised standards, namely with EN-ISO/IEC 17020 instead of re-assessing conformity assessment capacity.

11.6.3.3

An EU aviation security validator may be any individual or a legal entity.

11.6.3.4

The national accreditation body established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council37 may be empowered to accredit the conformity assessment capacity of legal entities to perform EU aviation security validation, adopt administrative measures in that respect and carry out the surveillance of EU aviation security validation activities.

11.6.3.5

Every individual performing EU aviation security validation shall have appropriate competence and background, and shall meet all of the following requirements:

  1. (a)

    have been subject to a background check in accordance with 11.1.3 that shall be recurrent at least every five years;

  2. (b)

    perform EU aviation security validation impartially and objectively, shall understand the meaning of independence and apply methods to avoid situations of conflict of interest in respect of the validated entity;

  3. (c)

    have sufficient theoretical knowledge and practical experience in the field of quality control as well as respective skills and personal attributes to collect, record and assess findings based on a checklist, in particular regarding:

    1. (1)

      compliance monitoring principles, procedures and techniques;

    2. (2)

      factors affecting human performance and supervision;

    3. (3)

      the role and powers of the validator, including on conflict of interest;

  4. (d)

    provide proof of appropriate competence based on training and/or a minimum work experience in respect of the following areas:

    1. (1)

      general aviation security principles of Union and ICAO aviation security standards;

    2. (2)

      specific standards related to the activity validated and how they are applied to operations;

    3. (3)

      security technologies and techniques relevant for the validation process;

  5. (e)

    undergo recurrent training at a frequency sufficient to ensure that existing competencies are maintained and new competencies are acquired to take account of developments in the field of aviation security.

11.6.3.6

The appropriate authority shall either itself provide training for EU aviation security validator or approve and maintain a list of appropriate security training courses.

11.6.3.7

Member States may limit the approval of an EU aviation security validator to validation activities which are carried out solely on the territory of that Member State on behalf of the appropriate authority of that Member State. In such cases, the requirements of point 11.6.4.2 do not apply.

11.6.3.8

The approval of an EU aviation security validator shall expire after a maximum period of five years.

11.6.4Recognition and discontinuation of EU aviation security validators

11.6.4.1

An EU aviation security validator shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’. Every EU aviation security validator shall be provided with proof of its status by or on behalf of the appropriate authority. For the period the Union database on supply chain security cannot accommodate entries with regard to EU aviation security validators, the appropriate authority shall communicate the necessary details of the EU aviation security validator to the Commission which shall make them available to all Member States.

11.6.4.2

Approved EU aviation security validators shall be recognised by all Member States.

F111.6.4.3

When a Member State is no longer satisfied that an EU aviation security validator meets the requirements referred to in points 11.6.3.1 or 11.6.3.5, it shall withdraw the approval and remove the validator from the Union database on supply chain security, or inform the appropriate authority that approved it, sharing the basis for its concern.

11.6.4.4

Industry associations and entities under their responsibility operating quality assurance programmes may be approved as EU aviation security validators provided equivalent measures of those programmes ensure impartial and objective validation. Recognition shall be done in cooperation of the appropriate authorities of at least two Member States.

11.6.4.5

The Commission may recognise validation activities undertaken by authorities or aviation security validators under the jurisdiction of and recognised by a third country or an international organisation where it can confirm their equivalency to EU aviation security validation. A list thereof shall be kept in Attachment 6-Fiii.

11.6.5EU aviation security validation report (‘the validation report’)

11.6.5.1

The validation report shall record the EU aviation security validation and contain at least:

  1. (a)

    a completed checklist signed by the EU aviation security validator including, where requested, comments by the validated entity in the necessary detail; and

  2. (b)

    a declaration of commitments signed by the validated entity; and

  3. (c)

    an independence declaration in respect of the entity validated signed by the individual performing the EU aviation security validation.

11.6.5.2

The EU aviation security validator shall establish the level of compliance with the objectives contained in the checklist and record these findings in the appropriate part of the checklist.

11.6.5.3

A declaration of commitment shall state the validated entity's commitment to continue operation under the successfully validated operation standards.

11.6.5.4

The validated entity may declare its agreement or disagreement to the validation report's established compliance level. Such a declaration shall become an integral part of the validation report.

11.6.5.5

Page numbering, date of the EU aviation security validation and initialling by the validator and the validated entity on each page shall prove the validation report's integrity.

F4Manual initialling on each page may be replaced by an electronic signature of the entire document.

11.6.5.6

By default the report shall be in English and delivered to the appropriate authority, where applicable, along with the validated entity within a maximum of one month after the on-site verification.

11.7MUTUAL RECOGNITION OF TRAINING

11.7.1

Any competencies acquired by a person in order to meet the requirements under Regulation (EC) No 300/2008 and its implementing acts in one Member State shall be recognised in another Member State.

F1ATTACHMENT 11-AINDEPENDENCE DECLARATION — EU AVIATION SECURITY VALIDATOR

  1. (a)

    I confirm that I have established the level of compliance of the validated entity in an impartial and objective way.

  2. (b)

    I confirm that I am not, and have not in the preceding two years, been employed by the validated entity.

  3. (c)

    I confirm that I have no economic or other direct or indirect interest in the outcome of the validation activity, the validated entity or its affiliates.

  4. (d)

    I confirm that I have, and have had in the preceding 12 months no business relations such as training and consultancy beyond the validation process with the validated entity in areas related to aviation security.

  5. (e)

    I confirm that the EU aviation security validation report is based on a thorough fact finding evaluation of relevant security documentation, consisting of:

    • the validated entities' security programme or equivalent, and

    • an on- site verification of the implementation thereof.

  6. (f)

    I confirm that the EU aviation security validation report is based on an assessment of all security relevant areas on which the validator is required to give an opinion based on the relevant EU checklist.

  7. (g)

    I confirm that I have applied a methodology that allows for separate EU aviation security validation reports in respect of each entity validated and ensures objectivity and impartiality of the fact finding and evaluation, where several entities are being validated in a joint action.

  8. (h)

    I confirm that I accepted no financial or other benefits, other than a reasonable fee for the validation and a compensation of travel and accommodation costs.

I accept full responsibility for the EU aviation security validation report.

Name of the validated entity:

Name of the EU aviation security validator:

Date:

Signature:

12.SECURITY EQUIPMENT

12.0GENERAL PROVISIONS

12.0.1

The authority, operator or entity using equipment for the implementation of measures for which it is responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall take reasonable steps to ensure that the equipment meets the standards set out in this Chapter.

The information classified in accordance with Decision (EU, Euratom) 2015/444 shall be made available by the appropriate authority to manufacturers on a need-to-know basis.

12.0.2

There shall be routine testing of each piece of security equipment.

12.0.3

Equipment manufacturers shall provide a concept of operations and equipment shall be used in accordance with it.

F412.0.4

Where several types of security equipment are combined, each one has to comply with the defined specifications and meet the standards set out in this Chapter, both separately and combined.

12.0.5

Equipment shall be positioned, installed and maintained in compliance with the requirements of equipment manufacturers.

12.1WALK-THROUGH METAL DETECTION (WTMD) EQUIPMENT

12.1.1General principles

12.1.1.1

Walk-through metal detection equipment (WTMD) shall be able to detect and to indicate by means of an alarm at least specified metallic items, both individually and in combination.

12.1.1.2

The detection by WTMD shall be independent of the position and orientation of the metallic item.

12.1.1.3

WTMD shall be firmly fixed to a solid base.

12.1.1.4

WTMD shall have a visual indicator to show that the equipment is in operation.

12.1.1.5

The means for adjusting the detection settings of WTMD shall be protected and accessible only to authorised persons.

12.1.1.6

WTMD shall give both a visual alarm and an audible alarm when it detects metallic items as referred to in point 12.1.1.1. Both types of alarm shall be noticeable at a range of 2 metres.

12.1.1.7

The visual alarm shall give an indication of the strength of signal detected by the WTMD.

F612.1.1.8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12.1.2Standards for WTMD

12.1.2.1

There shall be two standards for WTMD. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

12.1.2.2

All WTMD exclusively used for screening persons other than passengers shall meet at least standard 1.

12.1.2.3

All WTMD used for screening of passengers shall meet standard 2.

12.1.3Additional requirements for WTMD

All WTMD for which a contract to install them was placed as from 5 January 2007 shall be able to:

  1. (a)

    generate an audible and/or visual signal on a percentage of persons passing through the WTMD who did not cause an alarm as referred to in point 12.1.1.1. It shall be possible to set the percentage; and

  2. (b)

    count the number of persons screened, excluding any person that passes through the WTMD in the opposite direction; and

  3. (c)

    count the number of alarms; and

  4. (d)

    calculate the number of alarms as a percentage of the number of screened persons.

12.1.4Additional requirements for WTMD used in combination with shoe metal detection (SMD) equipment

12.1.4.1

All WTMD equipment used in combination with shoe metal detection (SMD) equipment shall be able to detect and indicate by means of a visual indication at least specified metallic items, both individually and in combination, and this shall correspond to the height at which this item (or items) is located on the person passing through it. This shall be irrespective of the type and number of items and their orientation.

12.1.4.2

All WTMD equipment used in combination with SMD equipment shall be able to detect and indicate all alarms generated by metallic items on a person in at least two zones. The first zone shall correspond to the lower legs of a person and shall be between the floor and a maximum of 35 cm above the floor. All other zones shall be above the first zone.

12.2HAND-HELD METAL DETECTION (HHMD) EQUIPMENT

12.2.1

Hand-held metal detection equipment (HHMD) shall be able to detect ferrous and non-ferrous metallic items. Detection and identification of the position of the detected metal shall be indicated by means of an alarm.

12.2.2

The means for adjusting the sensitivity settings of HHMD shall be protected and accessible only to authorised persons.

12.2.3

HHMD shall give an audible alarm when it detects metallic items. The alarm shall be noticeable at a range of 1 metre.

12.2.4

The performance of HHMD shall not be affected by sources of interference.

12.2.5

HHMD shall have a visual indicator to show that the equipment is in operation.

12.3X-RAY EQUIPMENT

X-ray equipment shall comply with the detailed requirements laid down in Commission Implementing Decision C(2015) 8005.

12.4EXPLOSIVE DETECTION SYSTEMS (EDS) EQUIPMENT

12.4.1General principles

12.4.1.1

Explosive detection systems equipment (EDS) shall be able to detect and to indicate by means of an alarm specified and higher individual quantities of explosive material contained in baggage or other consignments.

12.4.1.2

The detection shall be independent of the shape, position or orientation of the explosive material.

12.4.1.3

EDS shall give an alarm in each of the following circumstances:

  • when it detects explosive material, and

  • when it detects the presence of an item that prevents explosive material from being detected, and

  • when the contents of a bag or consignment are too dense to be analysed.

12.4.2Standards for EDS

12.4.2.1

All EDS installed before 1 September 2014 shall at least meet standard 2.

12.4.2.2

Standard 2 shall expire on 1 September 2020.

12.4.2.3

The appropriate authority may permit standard 2 EDS installed between 1 January 2011 and 1 September 2014 to continue to be used until 1 September 2022 at the latest.

12.4.2.4

The appropriate authority shall inform the Commission when it grants permission to permit standard 2 EDS to continue to be used as of 1 September 2020.

12.4.2.5

All EDS installed as from 1 September 2014 shall meet standard 3.

12.4.2.6

All EDS shall meet standard 3 as from 1 September 2020 at the latest, unless point 12.4.2.3 applies.

12.4.2.7

All EDS equipment designed to screen cabin baggage shall meet at least standard C1.

12.4.2.8

All EDS equipment designed to screen cabin baggage containing portable computers and other large electrical items shall meet at least standard C2.

12.4.2.9

All EDS equipment designed to screen cabin baggage containing portable computers and other large electrical items and LAGS shall meet at least standard C3.

12.4.3Image quality requirements for EDS

Image quality for EDS shall comply with the detailed requirements laid down in Commission Implementing Decision C(2015) 8005.

12.5THREAT IMAGE PROJECTION (TIP)

12.5.1General principles

12.5.1.1

Threat image projection (TIP) shall be able to project combined threat images (CTI) or fictional threat images (FTI).

CTI are x-ray images of bags or other consignments containing threat articles.

FTI are x-ray images of threat articles which are projected into x-ray images of bags or other consignments being screened.

Threat articles shall appear within the x-ray image of bags and other consignments in an evenly distributed manner and not in a fixed position.

It shall be possible to set the percentage of CTI and FTI to be projected.

Where CTI are used:

  1. (a)

    the concept of operation must ensure that the screener cannot see the bags or other consignments that are introduced into the x-ray or EDS equipment and cannot determine that a CTI is or might be projected to him/her; and

  2. (b)

    the TIP system and library size shall reasonably ensure that a screener is not exposed to the same CTI again within 12 months.

F2Where CTI TIP is deployed with EDS equipment used exclusively for hold baggage screening, the requirement in point (b) shall only apply as of 1 September 2020.

12.5.1.2

TIP shall not impair the performance and normal functioning of x-ray or EDS equipment.

No indication shall be given to the screener that a CTI or FTI is about to be projected or has been projected until a message is presented in accordance with point 12.5.2.2.

12.5.1.3

The means for managing TIP shall be protected and accessible only to authorised persons.

12.5.1.4

There shall be a TIP administrator responsible for the configuration management of the TIP system.

12.5.1.5

The appropriate authority shall regularly monitor the correct implementation of the TIP systems and ensure that the systems are correctly configured, including realistic and relevant projection of CTI and FTI where in use, are in compliance with the requirements and have up-to-date image libraries.

12.5.2Composition of TIP

12.5.2.1

TIP shall comprise of at least:

  1. (a)

    a library of CTI or FTI; and

  2. (b)

    a means for presenting messages and for messages to be cleared; and

  3. (c)

    a means for recording and presenting the results of the responses of individual screeners.

12.5.2.2

TIP shall present a message to the screener in each of the following circumstances:

  1. (a)

    where the screener responded and a CTI or FTI was projected;

  2. (b)

    where the screener did not respond and a CTI or FTI was projected;

  3. (c)

    where the screener responded and no CTI or FTI was projected;

  4. (d)

    where an attempt to project a CTI or FTI failed and was visible to the screener.

The message shall be presented so that it does not obscure the image of the bag or consignment to which it refers.

The message shall remain until it has been cleared by the screener. In the case of points (a) and (b) the message shall be presented together with the CTI or FTI.

12.5.2.3

Access to equipment with TIP installed and deployed shall require that the screener uses a unique identifier.

12.5.2.4

TIP shall be able to store the results of the responses of individual screeners for a minimum of 12 months and in a format to allow the provision of reports.

12.5.2.5

The composition of TIP shall also be subject to the additional detailed requirements laid down in Commission Implementing Decision C(2015) 8005.

12.6EXPLOSIVE TRACE DETECTION (ETD) EQUIPMENT

12.6.1

ETD equipment shall be able to collect and analyse trace levels of particles or vapour from contaminated surfaces, or the contents of baggage or consignments, and indicate, by means of an alarm, the presence of explosives. For the purpose of screening, it shall meet all of the following requirements:

  1. (a)

    consumables shall not be used beyond the recommendations of the manufacturer of the consumable or if the performance of the consumable appears to have deteriorated through use;

  2. (b)

    ETD equipment shall only be used in an environment for which the equipment has been approved for use.

There shall be standards for ETD set for particulate and vapour sampling. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

12.6.2

The standard for ETD equipment that uses particulate sampling shall apply to ETD equipment deployed from 1 September 2014.

12.6.3

The appropriate authority may permit ETD equipment not certified to comply with attachment 12-L that was deployed before 1 July 2014 and uses particulate sampling to continue to be used until 1 July 2020 at the latest.

12.7EQUIPMENT FOR SCREENING LIQUIDS, AEROSOLS AND GELS (LAGs)

12.7.1General principles

12.7.1.1

LEDS equipment shall be able to detect and to indicate by means of an alarm specified and higher individual quantities of threat materials in LAGs.

F112.7.1.2

The equipment shall be used in a manner that ensures that the container is positioned and orientated so as to ensure that the detection capabilities are utilised in full.

12.7.1.3

The equipment shall give an alarm in each of the following circumstances:

  1. (a)

    when it detects threat material;

  2. (b)

    when it detects the presence of an item that prevents threat material from being detected;

  3. (c)

    when it cannot assess whether the LAG is benign or not;

  4. (d)

    when the contents of the screened bag are too dense to be analysed.

F312.7.1.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12.7.2Standards for Liquid Explosive Detection Systems (LEDS) equipment

12.7.2.1

There shall be three standards for LEDS equipment. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

F112.7.2.2

All LEDS equipment shall meet standard 2.

F312.7.2.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12.7.3Approval of equipment for the screening of LAGs

Equipment that is approved by or on behalf of the appropriate authority of a Member State to meet the standards as laid down in Commission Implementing Decision C(2015) 8005 shall be recognised by other Member States to meet these standards. Member States shall submit to the Commission the name and, upon request, other relevant details of bodies designated to approve equipment. The Commission shall inform other Member States of the bodies.

12.8METHODS OF SCREENING USING NEW TECHNOLOGIES

12.8.1

A Member State may allow a method of screening using new technologies other than those laid down in this Regulation, provided that:

  1. (a)

    it is being used for the purpose of evaluating a new method of screening; and

  2. (b)

    it will not negatively affect the overall level of security being attained; and

  3. (c)

    appropriate information that a trial is being conducted shall be given to those affected, including passengers.

12.8.2

Before its planned introduction the Member State concerned shall inform in writing the Commission and the other Member States of the proposed method of screening it intends to allow, enclosing an assessment indicating how it shall guarantee that the application of the new method will meet the requirement of point 12.8.1(b). The notification shall also contain detailed information on the location(s) where the method of screening is planned to be used and the intended length of the evaluation period.

12.8.3

If the Commission gives the Member State a positive reply, or if no reply is received within three months upon receipt of the written request, the Member State may then allow the introduction of the method of screening using new technologies.

If the Commission is not satisfied that the proposed method of screening provides sufficient guarantees that the overall level of aviation security will be maintained in the Union, the Commission shall inform the Member State thereof within three months of receipt of the notification referred to in point 12.8.2, explaining its concerns. In such a circumstance the Member State concerned shall not commence with the method of screening until it has satisfied the Commission.

12.8.4

The maximum evaluation period for each method of screening using new technologies shall be eighteen months. This evaluation period may be extended by the Commission by a maximum of a further twelve months on condition that the Member State provides adequate justification for the extension.

12.8.5

At intervals of no more than six months during the evaluation period, the appropriate authority in the Member State concerned shall provide the Commission with a progress report on the evaluation. The Commission shall inform the other Member States of the contents of the progress report. If no progress reports are provided, the Commission may request the Member State to suspend the trial.

12.8.6

If, on the basis of a report, the Commission is not satisfied that the method of screening being trialled is providing sufficient guarantees that the overall level of aviation security is being maintained in the Union, the Commission shall inform the Member State that the trial shall be suspended until such guarantees can be given.

12.8.7

No evaluation period may be longer than thirty months.

12.9EXPLOSIVE DETECTION DOGS

12.9.1General Principles

12.9.1.1

An explosive detection dog (EDD) shall be able to detect and indicate specified and higher individual quantities of explosive material.

12.9.1.2

The detection shall be independent of the shape, position or orientation of the explosive materials.

12.9.1.3

An EDD shall give an alarm, in the form of a passive response, when it detects explosive materials set in Attachment 12-D of Commission Implementing Decision C(2015) 8005.

12.9.1.4

An EDD and its handler can be used for screening if they both have been approved independently and in combination as a team.

12.9.1.5

An EDD and its handler shall be subject to initial and recurrent training to ensure that required competencies are learned and maintained and, where appropriate, new competencies are learned.

12.9.1.6

In order to be approved, an EDD team, consisting of an EDD and handler(s), shall have successfully passed a training course.

12.9.1.7

An EDD team shall be approved by or on behalf of the appropriate authority in accordance with the Attachment 12-E and 12-F of Commission Implementing Decision C(2015) 8005.

12.9.1.8

After approval by the appropriate authority, an EDD team may be used for security screening by use of free running or remote explosive scent tracing method.

12.9.2Standards for EDD

12.9.2.1

The performance requirements for an EDD are laid down in Attachment 12-D of Commission Implementing Decision C(2015) 8005.

12.9.2.2

An EDD team used for the screening of persons, cabin baggage, items carried by persons other than passengers, vehicles, aircraft, in-flight supplies and airport supplies, and security restricted areas of an airport shall meet detection standard 1.

12.9.2.3

An EDD team used for the screening of hold baggage, air carrier mail, air carrier materials, cargo and mail shall meet detection standard 2.

12.9.2.4

An EDD team approved to detect explosive materials using the remote explosive scent tracing method may only be used in screening of cargo, but no other areas included in standard 2.

F112.9.2.5

An EDD used for the detection of explosive materials shall be fitted with appropriate means to allow for the unique identification of the EDD.

12.9.2.6

When performing explosive detection duties, an EDD shall always be accompanied by the handler who is approved to work with the EDD.

12.9.2.7

An EDD approved for free running method shall only have one handler. One handler may be approved for leading a maximum of two EDDs.

12.9.2.8

An EDD approved for remote explosive scent tracing method shall be led by a maximum of two handlers per EDD.

12.9.3Training requirements

General training obligations

12.9.3.1

The training of an EDD team shall include theoretical, practical and on-the-job training elements.

12.9.3.2

The content of training courses shall be specified or approved by the appropriate authority.

12.9.3.3

The training shall be conducted by or on behalf of the appropriate authority using instructors qualified according to point 11.5.

12.9.3.4

Dogs to be trained for explosive detection shall be single purpose dogs.

12.9.3.5

During training, training aids representing explosive materials shall be used.

12.9.3.6

Training shall be provided to any persons handling the training aids so as to prevent contamination.

Initial training for EDD Teams

12.9.3.7

An EDD team shall be subject to initial training in accordance with the requirements laid down in point 12.9.3 of Commission Implementing Decision C(2015) 8005.

12.9.3.8

Initial training for EDD team shall include practical training in the intended work environment.

Recurrent training for EDD Teams

12.9.3.9

An EDD and the handler shall be subject to recurrent training requirements, both individually and in combination as a team.

12.9.3.10

Recurrent training shall maintain the existing competencies as required by the initial training and those acquired in line with security developments.

12.9.3.11

Recurrent training for an EDD team shall be performed at intervals of at least every 6 weeks. The minimum duration of the re-current training shall be no less than 4 hours in any 6 week period.

12.9.3.12

Point 11 shall not apply in the case where an EDD is subject to recognition training of all materials listed in Attachment 12-D of Commission Implementing Decision C(2015) 8005 on at least a weekly basis.

Training records for EDD Teams

12.9.3.13

The records of both initial and recurrent training shall be kept for both the EDD and its handler for at least the duration of their contract of employment and they shall be made available to the appropriate authority upon request.

Operational Training for EDD Teams

12.9.3.14

When EDD is deployed in the screening duties, the EDD shall be subject to operational training to ensure that it meets the performance set in Attachment 12-D of Commission Implementing Decision C(2015) 8005.

12.9.3.15

Operational training shall be done on a continuous random basis during the deployment period, and shall measure EDD's detection performance by means of approved training aids.

12.9.4Approval Procedures

12.9.4.1

The approval procedure shall ensure that all of the following competencies are measured:

  1. (a)

    ability of the EDD to meet the detection performance laid down in the Attachment 12-D of Commission Implementing Decision C(2015) 8005;

  2. (b)

    ability of the EDD to give a passive indication on the presence of explosive materials;

  3. (c)

    ability of the EDD and its handler(s) to work effectively as a team;

  4. (d)

    ability of the handler to correctly lead the EDD, interpret and respond appropriately to the EDD's reaction to the presence of an explosive material.

12.9.4.2

The approval procedure shall simulate each of the work areas in which the EDD team shall work.

12.9.4.3

The EDD team shall have successfully completed training in each area for which the approval is sought.

12.9.4.4

The approval procedures shall be carried out in accordance with the Attachments 12-E and 12-F of Commission Implementing Decision C(2015) 8005.

12.9.4.5

The validity of each approval period shall not be longer than 12 months.

12.9.5Quality Control

12.9.5.1

The EDD team shall be subject to quality control measures set out in the Attachment 12-G of Commission Implementing Decision C(2015) 8005.

12.9.6Methodology of Screening

Further, detailed requirements are contained in Commission Implementing Decision C(2015) 8005.

12.10METAL DETECTION EQUIPMENT (MDE)

Detailed provisions on the use of MDE are laid down in Commission Implementing Decision C(2015) 8005.

12.11SECURITY SCANNERS

12.11.1General principles

A security scanner is a system for the screening of persons that is capable of detecting metallic and non-metallic objects, distinct from the human skin, carried on the body or within clothes.

A security scanner with human reviewer may consist of a detection system that creates an image of a person's body for a human reviewer to analyse and establish that no metallic and non-metallic object, distinct from the human skin, is carried on the body of the person screened. When the human reviewer identifies such an object, its location shall be communicated to the screener for further search. In this case, the human reviewer is to be considered as an integral part of the detection system.

A security scanner with automatic threat detection may consist of a detection system that automatically recognises metallic and non- metallic objects, distinct from the human skin, carried on the body of the person screened. When the system identifies such an object, its location shall be indicated on a stick figure to the screener.

For the purpose of screening passengers, a security scanner shall meet all of the following standards:

  1. (a)

    security scanners shall detect and indicate by means of an alarm at least specified metallic and non-metallic items including explosives both individually and in combination;

  2. (b)

    detection shall be independent of the position and orientation of the item;

  3. (c)

    the system shall have a visual indicator to show that the equipment is in operation;

  4. (d)

    security scanners shall be positioned so as to ensure that their performance is not affected by sources of interference;

  5. (e)

    the correct functioning of security scanners shall be tested on a daily basis;

  6. (f)

    the security scanner shall be used in accordance with the concept of operations provided by the manufacturer.

Security scanners for the screening of passengers shall be deployed and used in compliance with Council Recommendation 1999/519/EC38 and Directive 2013/35/EU of the European Parliament and of the Council39.

12.11.2Standards for security scanners

The performance requirements for security scanners are laid down in Attachment 12-K, which shall be classified as ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ and be handled in accordance with Decision (EU, Euratom) 2015/444.

Security scanners shall meet the standard defined in Attachment 12-K from the entry into force of this Regulation.

12.11.2.1

All security scanners shall meet standard 1.

Standard 1 shall expire on 1 January 2022.

12.11.2.2

Standard 2 shall apply to security scanners installed as of 1 January 2019.

F412.11.2.3

Standard 2.1 shall apply to security scanners installed from 1 January 2021.

F212.12SHOE SCANNER EQUIPMENT

12.12.1General principles

12.12.1.1

Shoe metal detection (SMD) equipment shall be able to detect and to indicate by means of an alarm at least specified metallic items, both individually and in combination.

12.12.1.2

Shoe explosive detection (SED) equipment shall be able to detect and indicate by means of an alarm at least specified explosives items.

12.12.1.3

The detection by SMD and SED shall be independent of the position and orientation of the metallic or explosive items.

12.12.1.4

SMD and SED shall be placed on a solid base.

12.12.1.5

SMD and SED shall have a visual indicator to show that the equipment is in operation.

12.12.1.6

The means for adjusting the detection settings of SMD and SED shall be protected and accessible only to authorised persons.

12.12.1.7

SMD shall give at least a visual alarm and an audible alarm when it detects metallic items as refers to in point 12.12.1.1. Both types of alarm shall be noticeable at a range of 1 m.

12.12.1.8

SED shall give at least a visual alarm and an audible alarm when it detects explosive items as refers to in point 12.12.1.2. Both types of alarm shall be noticeable at a range of 1 m.

12.12.2Standards for SMD

12.12.2.1

There shall be two standards for SMD. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

12.12.2.2

All SMD exclusively used for screening persons other than passengers shall meet at least standard 1.

12.12.2.3

All SMD used for screening of passengers shall meet standard 2.

12.12.2.4

All SMD shall be able to resolve alarms generated on a WTMD, in the area between the surface supporting the shoe and at least 35 cm above.

12.12.3Standard for SED

12.12.3.1

Detailed requirements on this standard are laid down in Commission Implementing Decision C(2015) 8005.

12.13AUTO CLEAR SOFTWARE (ACS)

12.13.1General principles

12.13.1.1

Auto clear software (ACS) shall be able to assess all radioscopic images produced by x-ray or EDS equipment to ascertain if they may contain threat items and should be able to directly clear simple images without threat items.

12.13.1.2

ACS shall display to a screener those images that contain possible threat items or are too complex for the software to analyse.

12.13.1.3

ACS shall not impair the performance and normal functioning of x-ray and EDS equipment.

12.13.1.4

When ACS is running, a visual indication shall be given to the screener.

12.13.1.5

When used on EDS equipment ACS shall not prevent an alarm indication.

12.13.1.6

ACS shall not clear CTI and the radioscopic images produced by x-ray or EDS equipment containing FTI projected by TIP.

12.13.1.7

The means for managing the ACS shall be protected and accessible only to authorised persons.

12.13.2Performance requirements

12.13.2.1

Detailed provisions for performance requirements for ACS are laid down in Commission Implementing Decision C(2015) 8005.

F412.14EXPLOSIVE VAPOUR DETECTION (EVD) EQUIPMENT

12.14.1Standards for EVD

12.14.1.1

All EVD equipment used for the screening of hold baggage or cargo shall meet at least standard 1.

12.14.1.2

All EVD equipment used for the screening of persons or cabin baggage shall meet at least standard 3.

12.14.1.3

Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-A

Detailed provisions for performance requirements for WTMD and SMD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-B

Detailed provisions for performance requirements for EDS are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-C

Detailed provisions for performance requirements for equipment for the screening of liquids, aerosols and gels (LAGS) are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-D

Detailed provisions for performance requirements for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-E

Detailed provisions for approval procedures of an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-F

Detailed provisions for approval test areas and test conditions for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-G

Detailed provisions for quality control requirements for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-H

Detailed provisions for ‘Free Running EDD — Standards for deployment methodology’ are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-I

Detailed provisions for ‘Remote Explosive Scent Tracing EDD — Standards for deployment methodology’ are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-J

Detailed provisions for performance requirements for MDE are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-K

Detailed provisions for performance requirements for security scanners are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-L

Detailed provisions for performance requirements for Explosive Trace Detection (ETD) are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-M

Detailed provisions for performance requirements for ACS are laid down in Commission Implementing Decision C(2015) 8005.