Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the ... basic standards on aviation security (Text with EEA relevance) (c. 1998)

[F1 ANNEX U.K. List of persons and entities visited and interviewed]

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).

9. AIRPORT SUPPLIES U.K.

9.0 GENERAL PROVISIONS U.K.

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. U.K.

9.0.2 For the purpose of this Chapter, U.K.

(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’;

(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;

(c)

[F2 ‘LAGs’ has the meaning given to it in point 8.0.2; and

(d)

STEB’ has the meaning given to it in point 8.0.2.]

Textual Amendments

F2 Annex point 9.0.2(c)(d) inserted (31.1.2023) by The Aviation Security (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1313), regs. 1(2), 2(7)

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. U.K.

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. U.K.

9.1 SECURITY CONTROLS U.K.

9.1.1 Security controls — general provisions U.K.

9.1.1.1 Airport supplies shall be screened before being allowed into security restricted areas, unless: U.K.

(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

(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. U.K.

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. U.K.

9.1.2 Screening U.K.

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. U.K.

F3 9.1.2.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Annex point 9.1.2.2 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 123(2); 2020 c. 1, Sch. 5 para. 1(1)

9.1.2.3 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.

9.1.3 Designation of known suppliers U.K.

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. U.K.

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

(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

(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: U.K.

(a)

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

(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 F4 ... aviation security validator, or a person acting on behalf of the airport operator appointed and trained for that purpose. U.K.

Textual Amendments

F4 Word in Annex point 9.1.3.4 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 123(3); 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 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: U.K.

(a)

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

(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. U.K.

9.1.3.7 The airport operator 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.

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

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

(a)

appoint a person responsible for security in the company; and

(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

(c)

prevent unauthorised access to its premises and airport supplies; and

(d)

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

(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. U.K.

F5 9.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 Annex point 9.2 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 123(4); 2020 c. 1, Sch. 5 para. 1(1)

9.3 ADDITIONAL SECURITY PROVISIONS FOR SUPPLIES OF LAGS AND STEBS U.K.

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. U.K.

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. U.K.

F6 9.3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 Annex point 9.3.3 omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 123(4); 2020 c. 1, Sch. 5 para. 1(1)

ATTACHMENT 9-A U.K.

DECLARATION OF COMMITMENTS U.K.

KNOWN SUPPLIER OF AIRPORT 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,

• [name of company] will

  (a)

  appoint a person responsible for security in the company; and

  (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

  (c)

  prevent unauthorised access to its premises and airport supplies; and

  (d)

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

  (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:

  (a)

  it ceases trading; or

  (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:

(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).