Commission Implementing Regulation (EU) 2020/910Show full title

ANNEX U.K.

The Annex to Implementing Regulation (EU) 2015/1998 is amended as follows:

(1)

the following points from 6.8.1.7 to 6.8.1.9 are added:

‘6.8.1.7.

During the period from 1 April to 31 December 2020, the appropriate authority may derogate from the process established in point 6.8.2 and temporarily designate an air carrier as ACC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the air carrier. The designation shall be subject to the following conditions:

(a)

the air carrier holds an active ACC3 status at the relevant third country location, or has held an ACC3 status, provided it has not expired before 1 February 2020;

(b)

the air carrier applies for the new status to the appropriate authority as identified in point 6.8.1.1 or holding the responsibility for the designation due to expire, confirming the existence of objective reasons beyond the responsibility of the air carrier that impede or delay the fulfilment of the requirements of point 6.8.2;

(c)

the air carrier submits its security programme that is relevant and complete in respect of all points set out in Attachment 6-G, or confirms that the current programme is still up to date;

(d)

the air carrier submits a signed declaration where it confirms the commitment to continue the full and effective implementation of security requirements for which it had obtained the current or expired ACC3 status;

(e)

the designation of an air carrier as ACC3 under this point is granted for a period not exceeding six months from the date of the current or previous expiry, as appropriate;

(f)

the application, the air carrier security programme and the declaration of commitment are submitted either in writing or in electronic format.

6.8.1.8.

Where applicable, the appropriate authority may agree with the relevant air carrier the postponement of the annual EU aviation security validations referred to in point 6.8.2.2 (2) (d), by adding them to the number of airports to be validated during the next year of the air carrier’s roadmap.

6.8.1.9.

Within the temporary designation period referred to in point 6.8.1.7, the appropriate authority shall perform at the Member State’s airport or airports of arrival from the ACC3 location, at least three compliance monitoring activities in respect of the security controls applied by the ACC3 and the RA3 and KC3 parts of its supply chain. In the absence of direct flights operated by the ACC3 into the designating Member State, the performance of compliance monitoring activities shall be coordinated with another Member State where the ACC3 operates into.’;

(2)

the following points 6.8.4.11 and 6.8.4.12 are added:

‘6.8.4.11.

During the period from 1 April to 31 December 2020, the appropriate authority may derogate from the process established in point 6.8.5 and temporarily designate a third country entity as RA3 or KC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the entity. The designation shall be subject to the following conditions:

(a)

the entity holds an active RA3 or KC3 status, or has held a RA3 or KC3 status, provided it has not expired before 1 February 2020;

(b)

the entity applies for the new status to the appropriate authority currently holding the responsibility for its designation that is due to expire or has expired, confirming the existence of objective reasons beyond the responsibility of the entity that impede or delay the fulfilment of the requirements of point 6.8.5;

(c)

the entity submits its security programme that is relevant and complete in respect of the operations performed, or confirms that the current programme is still up to date;

(d)

the entity submits a signed declaration where it confirms the commitment to continue the full and effective implementation of security requirements for which it had obtained the current or expired RA3 or KC3 status;

(e)

the designation of an entity as RA3 or KC3 under this point is granted for a period not exceeding six months from the date of the current or previous expiry, as applicable;

(f)

the application, the entity’s security programme and the declaration of commitment are submitted either in writing or in electronic format.

6.8.4.12.

Entities referred to in point 6.8.4.8 whose RA3 or KC3 status expired in the period from 1 February 2020 to 31 March 2020, that because of the objective reasons referred to in point 6.8.4.11 could not undergo the process of EU aviation security validation established in point 6.8.5 and subsequent designation by an appropriate authority as set out in point 6.8.4, may apply for a temporary designation granted by the Commission, subject to the following conditions:

(a)

the entity applies for the RA3 or KC3 status to the Commission, confirming the existence of objective reasons beyond its responsibility that impede or delay the fulfilment of the requirements of point 6.8.5;

(b)

the entity submits a signed declaration where it confirms both the commitment to continue the full and effective implementation of security requirements for which it had obtained the expired RA3 or KC3 status, and that its security programme is still up to date;

(c)

the application and the declaration of commitment are submitted either in writing or in electronic format;

(d)

the designation of an entity as RA3 or KC3 under this point is granted for a period not exceeding six months from the date of the previous expiry.’;

(3)

point 11.1.2 is replaced by the following:

‘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 check.

Persons having completed a pre-employment check shall undergo a background check by 30 June 2021 at the latest.’;

(4)

point 12.4.2.2 is replaced by the following:

‘12.4.2.2.

Standard 2 shall expire on 1 September 2021.’;

(5)

point 12.4.2.4 is replaced by the following:

‘12.4.2.4.

The appropriate authority shall inform the Commission when it permits standard 2 EDS to continue to be used as of 1 September 2021.’;

(6)

point 12.4.2.6 is replaced by the following:

‘12.4.2.6.

All EDS shall meet standard 3 as from 1 September 2021 at the latest, unless point 12.4.2.3 applies.’;

(7)

point 12.6.3 is replaced by the following:

‘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 2021 at the latest.’.