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

8. IN-FLIGHT SUPPLIES U.K.

8.0 GENERAL PROVISIONS U.K.

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. U.K.

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: U.K.

(a)

cabin baggage; and

(b)

items carried by persons other than passengers; and

(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. U.K.

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. U.K.

8.1 SECURITY CONTROLS U.K.

8.1.1 Security controls — general provisions U.K.

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

(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

(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

(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. U.K.

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. U.K.

8.1.2 Screening U.K.

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. U.K.

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. U.K.

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

(a)

visual check;

(b)

hand search;

(c)

x-ray equipment;

(d)

EDS equipment;

(e)

ETD equipment in combination with point (a);

(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.

8.1.3 Approval of regulated suppliers U.K.

8.1.3.1 Regulated suppliers shall be approved by the appropriate authority. U.K.

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: U.K.

(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;

(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;

(c)

[F1 if 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;]

(d)

[F2 a regulated supplier shall not be considered as approved until its details are listed in the Union database on supply chain security.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).

F2 Inserted by Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance).

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. U.K.

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. U.K.

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. U.K.

8.1.4 Designation of known suppliers U.K.

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. U.K.

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

(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

(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: U.K.

(a)

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

(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. U.K.

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: U.K.

(a)

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

(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. U.K.

8.1.4.7 The designating entity shall keep: U.K.

(a)

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

(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.

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

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

(a)

appoint a person responsible for security in the company; and

(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

(c)

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

(d)

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

(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. U.K.

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. U.K.

8.2 PROTECTION OF IN-FLIGHT SUPPLIES U.K.

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

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

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. U.K.

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. U.K.

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. U.K.

ATTACHMENT 8-A U.K.

DECLARATION OF COMMITMENTS U.K.

REGULATED SUPPLIER OF IN-FLIGHT SUPPLIES U.K.

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council(1) 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:

  (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

  (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:

  (a)

  it ceases trading;

  (b)

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

  (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 U.K.

DECLARATION OF COMMITMENTS U.K.

KNOWN SUPPLIER OF IN-FLIGHT SUPPLIES U.K.

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council(2) and its implementing acts,

I declare that,

• [name of company] will

  (a)

  appoint a person responsible for security in the company; and

  (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

  (c)

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

  (d)

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

  (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:

  (a)

  it ceases trading; or

  (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:

(1)

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

(2)

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).