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

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.

F1 8.1.1.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Annex point 8.1.1.3 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(2); 2020 c. 1, Sch. 5 para. 1(1)

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.

F2 8.1.2.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Annex point 8.1.2.2 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(2); 2020 c. 1, Sch. 5 para. 1(1)

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 F3 ... 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 F4 ... 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)

[F5 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 F6 ... 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)

[F7 a regulated supplier shall not be considered as approved until its details are listed in the F8 ... database on supply chain security.]

Textual Amendments

F3 Words in Annex point 8.1.3.2(a) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Annex point 8.1.3.2(b) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 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).

F6 Word in Annex point 8.1.3.2(c) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 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).

F8 Word in Annex point 8.1.3.2(d) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

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.

F9 8.1.3.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 Annex point 8.1.3.5 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(4); 2020 c. 1, Sch. 5 para. 1(1)

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 F10 ... aviation security validator, or a person acting on behalf of the designating entity appointed and trained for that purpose. U.K.

Textual Amendments

F10 Word in Annex point 8.1.4.4 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(5); 2020 c. 1, Sch. 5 para. 1(1)

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.

F11 8.1.5.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F11 Annex point 8.1.5.3 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 122(6); 2020 c. 1, Sch. 5 para. 1(1)