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

Article 1

The detailed measures for the implementation of the common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation, referred to in Article 4(1) of Regulation (EC) No 300/2008, and the general measures supplementing those common basic standards, referred to in Article 4(2) of that Regulation, are set out in the Annex.

Article 2

Regulation (EU) No 185/2010 is repealed. References to the repealed Regulation shall be construed as a reference to this Regulation.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 February 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

1. AIRPORT SECURITY

1.0   GENERAL PROVISIONS

1.0.1 Unless otherwise stated, the authority, airport operator, air carrier or entity responsible in accordance with the national civil aviation security programme referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure the implementation of the measures set out in this Chapter.

1.0.2 For the purposes of this Chapter, an aircraft, bus, baggage cart or other means of transport, or a walkway or jetway, shall be regarded as a part of an airport. For the purposes of this Chapter, ‘secured baggage’ means screened departing hold baggage that is physically protected so as to prevent the introduction of any objects.

1.0.3 Without prejudice to the criteria for derogations as set out in Part K of the Annex to Commission Regulation (EC) No 272/2009 (¹), the appropriate authority may allow special security procedures or exemptions for the protection and security of airside areas at airports on days on which there is not more than one aircraft to be loaded, unloaded, boarded or disembarked at any one time either within the critical part of the security restricted area or at an airport that falls outside of the scope of point 1.1.3.

1.0.4 For the purposes of this Annex ‘items carried by persons other than passengers’ refers to the belongings intended for the personal use of the person that carries them.

1.0.5 References to third countries in this Chapter and where applicable in Commission Implementing Decision C(2015) 8005 final (²) include other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, the Title VI of Part Three of that Treaty does not apply.

1.0.6. The appropriate authority shall establish and implement procedures to share, as appropriate and in a practical and timely manner, relevant information to assist other national authorities and agencies, airport operators, air carriers and other entities concerned, to conduct effective security risk assessments relating to their operations.

1.1   AIRPORT PLANNING REQUIREMENTS

1.1.1.1 Boundaries between landside, airside, security restricted areas, critical parts and, where applicable, demarcated areas shall be clearly identifiable at each airport in order to enable the appropriate security measures to be taken in each of those areas.

1.1.1.2 The boundary between landside and airside shall be a physical obstruction that is clearly visible to the general public and which denies a person unauthorised access.

1.1.2.1 Security restricted areas shall include at least the following:

1.1.2.2 A part of an airport shall be regarded as a security restricted area at least for the period of time that the activities referred to in point 1.1.2.1 are taking place. When a security restricted area is established, a security search of the parts that could have been contaminated shall be carried out immediately before such an area is established in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search. Persons carrying out a security search in areas different than those used by disembarking passengers not screened to the common basic standards, must be trained in accordance with point 11.2.3.1, 11.2.3.2, 11.2.3.3, 11.2.3.4 or 11.2.3.5.

1.1.2.3 Whenever unauthorised persons may have had access to security restricted areas, a security search of the parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search.

1.1.3.1 Critical parts shall be established at airports where more than 60 persons hold airport identification cards giving access to security restricted areas.

1.1.3.2 Critical parts shall include at least the following: A part of an airport shall be regarded as a critical part at least for the period of time that the activities referred to in points (a) or (b) are taking place.

1.1.3.3 When a critical part is established, a security search of the parts that could have been contaminated shall be carried out immediately before such a part is established in order to reasonably ensure that it does not contain prohibited articles. This provision shall be considered to be met for aircraft that are subject to an aircraft security search.

1.1.3.4 A security search of those critical parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that they do not contain prohibited articles, wherever access to critical parts has occurred by any of the following: This point shall be considered to be met for aircrafts that are subject to an aircraft security search, and it shall not apply when persons covered by point 1.3.2 and point 4.1.1.7 have had access to critical parts. As far as points (b) and (c) are concerned, this provision shall only apply to those critical parts that are used by screened hold baggage and/or screened departing passengers not departing on the same aircraft as these passengers and crew members.

1.2   ACCESS CONTROL

1.2.1.1 Access to airside may only be authorised if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.

1.2.1.2 In order to be granted access to airside a person shall carry an authorisation.

1.2.1.3 In order to be granted access to airside a vehicle shall display a vehicle pass.

1.2.1.4 Persons who are airside shall, upon request, present their authorisation for control.

1.2.2.1 Access to security restricted areas may only be granted if persons and vehicles have a legitimate reason to be there. Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.

1.2.2.2 In order to be granted access to security restricted areas a person shall present one of the following authorisations: Alternatively, access may also be granted after positive identification via biometric data verification.

1.2.2.3 In order to be granted access to security restricted areas a vehicle shall display a valid vehicle pass.

1.2.2.4 The boarding card or equivalent referred to in point 1.2.2.2(a) shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid. The card referred to in points 1.2.2.2(b)-(e), respectively, shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid and corresponds to the holder. Where biometric identification is used, the verification shall ensure that the person seeking access to security restricted areas holds one of the authorisations listed under point 1.2.2.2 and that this authorisation is valid and was not disabled.

1.2.2.5 In order to prevent unauthorised access to security restricted areas access points shall be controlled by: The appropriate authority may define in its national aviation security programme that the limitation to one person at a time under point (a) does not apply at access points exclusively used by law enforcement officers.

1.2.2.6 The vehicle pass shall be checked before a vehicle is granted access to security restricted areas to ensure that it is valid and corresponds to the vehicle.

1.2.2.7 Access to security restricted areas shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.2.3.1 A crew identification card of a crew member employed by a Union air carrier and an airport identification card may only be issued to a person who has an operational need and has successfully completed an enhanced background check in accordance with point 11.1.3.

1.2.3.2 Crew and airport identification cards shall be issued for a period not exceeding five years.

1.2.3.3 The identification card of a person who fails an enhanced background check shall be immediately disabled or withdrawn, as applicable, and returned to the competent authority, operator or issuing entity, as appropriate.

1.2.3.4 The identification card shall be worn in a visible place at least whenever the holder is in security restricted areas. A person who is not displaying his identification card in security restricted areas other than those areas where passengers are present shall be challenged by persons responsible for the implementation of point 1.5.1(c) and, as appropriate, be reported.

1.2.3.5 The identification card shall be returned immediately in the following circumstances:

1.2.3.6 The issuing entity shall be notified immediately of the loss, theft or failure to return an identification card.

1.2.3.7 An electronic card shall be immediately disabled following return, expiry, withdrawal or notification of loss, theft or failure to return.

1.2.4.1 A crew identification card of a crew member employed by a Union air carrier shall display:

1.2.5.1 An airport identification card shall display: The names and areas of access may be replaced by an equivalent identification.

1.2.5.2 In order to prevent the misuse of airport identification cards, a system shall be in place to reasonably ensure that attempted use of cards that have been lost, stolen or not returned is detected. Upon detection, appropriate action shall be taken.

1.2.6.1 A vehicle pass may only be issued where an operational need has been established.

1.2.6.2 A vehicle pass shall be specific to the vehicle and display: —————

1.2.6.3 An electronic vehicle pass shall, either: Electronic vehicle passes need not display the areas for which the vehicle is authorised to have access nor the expiry date, provided that this information is electronically readable and checked before granting access to security restricted areas.  Electronic vehicle passes shall also be electronically readable airside.

1.2.6.4 The vehicle pass shall be displayed in a visible place whenever the vehicle is airside.

1.2.6.5 The vehicle pass shall be returned immediately to the issuing entity:

1.2.6.6 The issuing entity shall be notified immediately of the loss, theft or failure to return a vehicle pass.

1.2.6.7 An electronic vehicle pass shall be immediately disabled following return, expiry or notification of loss, theft or failure to return.

1.2.6.8 In order to prevent the misuse of vehicle passes, a system shall be in place to reasonably ensure that attempted use of vehicle passes that have been lost, stolen or not returned is detected. Upon detection, appropriate action shall be taken.

1.2.6.9 Vehicles that are only used airside and have no permission to drive on public roads may be exempted from application of points 1.2.6.2 to 1.2.6.8 provided that they are clearly marked externally as operational vehicles in use at that airport.

1.2.7.1 Crew members, other than those holding a valid airport identification card, shall be escorted at all times when in security restricted areas other than:

1.2.7.2 Exceptionally, a person may be exempted from the requirements of point 1.2.5.1 and obligations on background checks on condition that that person is escorted at all times when in security restricted areas. A person may be exempted from the requirement to be escorted if that person displays an authorisation and is a holder of a valid airport identification card.

1.2.7.3 An escort shall:

1.2.7.4 A vehicle may be exempted from the requirements of point 1.2.6 on condition that it is escorted at all times when airside.

1.2.7.5 Whenever a passenger does not travel as a result of an air carriage contract resulting in the delivery of a boarding pass or equivalent, a crew member escorting this passenger may be exempted from the requirements of point 1.2.7.3(a).

Other exemptions shall be subject to provisions laid down in Commission Implementing Decision C(2015) 8005.

1.3   SCREENING OF PERSONS OTHER THAN PASSENGERS AND ITEMS CARRIED

1.3.1.1 Persons other than passengers shall be screened by one of the following means: SMD and SED equipment may only be used as a supplementary means of screening.

1.3.1.2 Points 4.1.1.3 – 4.1.1.6 and 4.1.1.10 – 4.1.1.11 shall apply to the screening of persons other than passengers.

1.3.1.3 Explosive detection dogs, ETD equipment and ETD equipment in combination with SED equipment may only be used as a supplementary means of screening of persons other than passengers or in unpredictable alternation with hand searches, hand searches in combination with SMD equipment, WTMD or security scanners.

1.3.1.4 Items carried by persons other than passengers shall be screened by one of the following means: Where the screener cannot determine whether or not the items carried contains any prohibited articles, it shall be rejected or rescreened to the screener’s satisfaction.

1.3.1.5 Points 4.1.2.4 to 4.1.2.7 and 4.1.2.11 to 4.1.2.12 shall apply to the screening of items carried by persons other than passengers.

1.3.1.6 Explosive detection dogs and ETD equipment may only be used as a supplementary means of screening of items carried by persons other than passengers or in unpredictable alternation with hand searches, x-ray equipment or EDS equipment.

1.3.1.7 Where persons other than passengers and items carried have to be screened on a continuous random basis, the frequency shall be established by the appropriate authority on the basis of a risk assessment.

1.3.1.8 Animals used for operational needs and handled by a person carrying a valid airport identification card shall be subjected to a visual check before access to security restricted areas is granted.

1.3.1.9 The screening of persons other than passengers and items carried shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.3.2.1 The appropriate authority may, for objective reasons, allow persons other than passengers to be exempted from screening, or to be subjected to special screening procedures, provided that they are escorted by a person authorised to escort in accordance with point 1.2.7.3.

1.3.2.2 Screened persons other than passengers who temporarily leave critical parts may be exempted from screening on their return provided that they have been under constant observation by authorised persons sufficient to reasonably ensure that they do not introduce prohibited articles into those critical parts.

1.3.2.3 Exemptions and special screening procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4   EXAMINATION OF VEHICLES

1.4.1.1 All vehicles shall be examined before entering critical parts. They shall be protected from unlawful interference from after examination until entering critical parts.

1.4.1.2 The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes place. They shall be required to take their personal belongings out of the vehicle with them for screening.

1.4.1.3 There shall be defined methodologies to ensure the randomness of selection of the areas to be examined.

1.4.1.4 Vehicles entering critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.2.1 The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes place. They shall be required to take their personal belongings out of the vehicle with them for screening.

1.4.2.2 There shall be defined methodologies to ensure the randomness of selection of both vehicles and the areas to be examined.

1.4.2.3 Vehicles entering security restricted areas other than critical parts shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.3.1 A hand search shall consist of a thorough manual check of the areas selected, including contents, in order to reasonably ensure that they do not contain prohibited articles.

1.4.3.2 The following methods may only be used as a supplementary means of examination:

1.4.3.3 Methods of examination shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.4.4.1 The appropriate authority may, for objective reasons, allow vehicles to be exempted from examination, or to be subjected to special examination procedures, provided that they are escorted by a person authorised to escort in accordance with point 1.2.7.3.

1.4.4.2 Examined vehicles that temporarily leave critical parts may be exempted from examination on their return provided that they have been under constant observation by authorised persons sufficient to reasonably ensure that no prohibited articles have been introduced into the vehicles.

1.4.4.3 Exemptions and special examination procedures shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

1.5   SURVEILLANCE, PATROLS AND OTHER PHYSICAL CONTROLS

1.5.1 Surveillance or patrols shall be undertaken in order to monitor:

1.5.2 The frequency and means of undertaking surveillance and patrols shall be based on a risk assessment and shall be approved by the appropriate authority. They shall take into account: The parts of the risk assessment relating to the frequency and means of undertaking surveillance and patrols shall, upon request, be made available in writing for compliance monitoring purposes.

1.5.3 Surveillance and patrols shall not follow a predictable pattern. The validity of identification cards shall be checked on a random basis.

1.5.4 Measures shall be in place that both deter persons from breaching security checkpoints and, should such a breach occur, promptly enable the breach and its repercussions to be resolved and rectified.

1.5.5 Procedures shall be established in order to deal with unidentified baggage and suspicious objects in accordance with a security risk assessment carried out or approved by the relevant national authorities.

1.6   PROHIBITED ARTICLES

1.6.1 Persons other than passengers shall not be permitted to carry into security restricted areas the articles listed in Attachment 1-A.