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)

2.1	Does the appointment process for the named person responsible for the application and supervision of the implementation of security controls at the site include a requirement for an enhanced background check in accordance with point 11.1.1(b) of the Annex to Implementing Regulation (EU) 2015/1998?	Does the appointment process for the named person responsible for the application and supervision of the implementation of security controls at the site include a requirement for an enhanced background check in accordance with point 11.1.1(b) of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.2	Is there a recruitment procedure to ensure that all staff with unsupervised or unescorted access to identifiable air cargo or air mail to which the required security controls have been applied completed a background check in accordance with point 11.1.2(b) of the Annex to Implementing Regulation (EU) 2015/1998, and to the extent required by the approving appropriate authority?	Is there a recruitment procedure to ensure that all staff with unsupervised or unescorted access to identifiable air cargo or air mail to which the required security controls have been applied completed a background check in accordance with point 11.1.2(b) of the Annex to Implementing Regulation (EU) 2015/1998, and to the extent required by the approving appropriate authority?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.3	Is there a recruitment procedure to ensure that all staff who do not have unsupervised or unescorted access to and perform transport or limited storage of cargo or mail to which the required security controls have been applied have received general security awareness training in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998?	Is there a recruitment procedure to ensure that all staff who do not have unsupervised or unescorted access to and perform transport or limited storage of cargo or mail to which the required security controls have been applied have received general security awareness training in accordance with point 11.2.7 of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.4	Is there a recruitment procedure to ensure that all staff with unsupervised or unescorted access to identifiable air cargo or air mail to which the required security controls have been applied have received security training in accordance with point 11.2.3.9 of the Annex to Implementing Regulation (EU) 2015/1998?	Is there a recruitment procedure to ensure that all staff with unsupervised or unescorted access to identifiable air cargo or air mail to which the required security controls have been applied have received security training in accordance with point 11.2.3.9 of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.5	Does the appointment process for the named person responsible for the application and supervision of the implementation of security controls at the site include a security training in accordance with point 11.2.5 of the Annex to Implementing Regulation (EU) 2015/1998?	Does the appointment process for the named person responsible for the application and supervision of the implementation of security controls at the site include a security training in accordance with point 11.2.5 of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.6	Do staff (as referred to in points 2.3, 2.4 and 2.5) receive recurrent training in accordance with the frequency established for this training?	Do staff (as referred to in points 2.3, 2.4 and 2.5) receive recurrent training in accordance with the frequency established for this training?
YES or NO	YES or NO
If YES, describe	If YES, describe
2.7	Assessment – Are the measures sufficient to ensure that all staff with access to identifiable air cargo or air mail have been properly recruited and trained in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998?	Assessment – Are the measures sufficient to ensure that all staff with access to identifiable air cargo or air mail have been properly recruited and trained in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If NO, specify reasons	If NO, specify reasons

PART 3

Transportation

Aim: To protect identifiable air cargo or air mail from unauthorised interference or tampering.

3.1	Is the haulier transporting the air cargo or air mail on behalf of a regulated agent or a known consignor, or both?	Is the haulier transporting the air cargo or air mail on behalf of a regulated agent or a known consignor, or both?
YES or NO	YES or NO
3.2	Is the haulier using a subcontractor for transport?	Is the haulier using a subcontractor for transport?
YES or NO	YES or NO
If YES, describe how does the haulier verify that the contractor itself is an approved haulier or a regulated agent?	If YES, describe how does the haulier verify that the contractor itself is an approved haulier or a regulated agent?
3.3	Is the cargo compartment of the transport vehicle securable?	Is the cargo compartment of the transport vehicle securable?
YES or NO	YES or NO
If YES, describe how	If YES, describe how	If YES, describe how
3.4 (a)	Where the cargo compartment of the transport vehicle is securable, are numbered seals used?	Where the cargo compartment of the transport vehicle is securable, are numbered seals used?
YES or NO	YES or NO
(b)	Where numbered seals are used, is access to the seals controlled and the numbers recorded when applied?	Where numbered seals are used, is access to the seals controlled and the numbers recorded when applied?
YES or NO	YES or NO
If YES, describe how	If YES, describe how
3.5	Assessment: Are the measures sufficient to protect air cargo or air mail from unauthorised interference during transportation?	Assessment: Are the measures sufficient to protect air cargo or air mail from unauthorised interference during transportation?
YES or NO	YES or NO
If NO, specify reasons	If NO, specify reasons

PART 4

Limited storage/Transhipment

Aim: To protect identifiable air cargo or air mail from unauthorised interference or tampering during limited storage.

4.1	Is limited storage or transhipment performed by the haulier?	Is limited storage or transhipment performed by the haulier?
YES or NO	YES or NO
If YES, describe the type of storage used or measures for transhipment, or both:	If YES, describe the type of storage used or measures for transhipment, or both:
4.2	Is the air cargo or air mail kept protected from unauthorised interference during the limited storage or transhipment in accordance with points 6.5.2, 6.6.1 and 6.6.2 of the Annex to Implementing Regulation (EU) 2015/1998?	Is the air cargo or air mail kept protected from unauthorised interference during the limited storage or transhipment in accordance with points 6.5.2, 6.6.1 and 6.6.2 of the Annex to Implementing Regulation (EU) 2015/1998?
YES or NO	YES or NO
If YES, describe the measures to protect the air cargo or air mail:	If YES, describe the measures to protect the air cargo or air mail:
4.3	Assessment: Are the limited storage or transhipment procedures sufficient to protect identifiable air cargo or air mail from unauthorised interference or tampering, or both?	Assessment: Are the limited storage or transhipment procedures sufficient to protect identifiable air cargo or air mail from unauthorised interference or tampering, or both?
YES or NO	YES or NO
If NO, specify reasons	If NO, specify reasons	If NO, specify reasons

PART 5

Assessment (and notification)

| | |

| --- | --- | | Pass/Fail | | | Where the overall assessment is a fail, list the areas where the haulier fails to achieve the required standard of security or has a specific vulnerability. Also, provide advice on the adjustments needed to achieve the required standard and thus to pass. | Where the overall assessment is a fail, list the areas where the haulier fails to achieve the required standard of security or has a specific vulnerability. Also, provide advice on the adjustments needed to achieve the required standard and thus to pass. | | Signed | Signed | | (Name of validator) | (Name of validator) |

ATTACHMENT 6-M

VALIDATION CHECKLIST FOR THIRD COUNTRY EXPLOSIVE DETECTION DOGS (EDD)

Completion notes and instructions

The aim of the validation is to assess whether the applicable EDD programme in a third country and the related screening process observed at an ACC3 or RA3 location are equivalent to the EU regulatory requirements, as set out in point 6.8.3.2 of this Annex.

This checklist shall be used exclusively to assess and evaluate, if applicable, the requirements and operations pertaining to EDD. It does not replace, but supplements, the existing obligation for the EU validator to use the appropriate checklist 6-C2 or 6-C3 when performing the EU aviation security validation of an RA3 or ACC3, respectively. When applicable, this checklist shall therefore be integral part of the EU aviation security validation report and submitted to the appropriate authority.

During the EU aviation security validation of the RA3 or the ACC3 where EDD are used, questions 5.7 and 5.8 contained in checklist 6-C2 and questions 7.7 and 7.8 contained in checklist 6-C3, as applicable, shall be fulfilled by using this checklist.

When completing this checklist, please note that if the answer to any question presented in bold type is NO, the validation MUST be assessed as a FAIL, unless the question does not apply.

PART 1

Identification of the operator, entity or authority using EDD and of the EU aviation security validator

1.1.  Date(s) and location of EDD validation	1.1.  Date(s) and location of EDD validation
Use exact date format, such as from 01/10/2025 to 02/10/2025	Use exact date format, such as from 01/10/2025 to 02/10/2025
dd/mm/yyyy
1.2.  Date of previous EDD validation(s) where applicable	1.2.  Date of previous EDD validation(s) where applicable
dd/mm/yyyy
1.3.  EU Aviation security validator information	1.3.  EU Aviation security validator information
Name
Company/Organisation/Appropriate Authority
Unique alphanumeric identifier (UAI)
E-mail address
Telephone number – including international codes
1.4.  Name of EDD screening operator, entity or authority	1.4.  Name of EDD screening operator, entity or authority
Name
Details: Specify the nature of the operator, entity or authority and provide details: — private screening company, — government regulated company, — government screening facility or body, — Other Specify the nature of the agreement or contract between the valid ated entity and the entity that applies the screening on its behalf.
Company number (e.g. commercial register identification number, if applicable)
Number/Unit/Building
Street
Town
Postcode
State (where relevant)
Country
P.O. Box address, if applicable
Unique alphanumeric identifier (UAI) of the ACC3 or RA3, if already available
1.5.  Approximate number of employees involved in EDD activities (e.g. handlers and other staff)	1.5.  Approximate number of employees involved in EDD activities (e.g. handlers and other staff)
Number
1.6.  Name and title of person responsible for EDD screening	1.6.  Name and title of person responsible for EDD screening
Name
Job title
E-mail address
Telephone number – including international codes
1.7.  Details of the dog and handler teams that have been approved at the premises being validated.	1.7.  Details of the dog and handler teams that have been approved at the premises being validated.
Name of EDD, dog handler and EDD microchip numbers.

PART 2

Initial training and certification or approval of the EDDs and handlers

2.1.  Are EDDs and their handlers subjected to initial training?	2.1.  Are EDDs and their handlers subjected to initial training?
YES or NO
If YES, describe the training programme and the subjects that are covered in the training programme.
2.2.  Does the EDD provider possess training records detailing the training each dog and handler combination have undertaken?	2.2.  Does the EDD provider possess training records detailing the training each dog and handler combination have undertaken?
YES or NO
If YES, describe the evidence that is supplied within the training records in respect of initial training while commenting on the frequency with which the EDD team(s) undergo continuation training.
2.3.  Are the EDDs subject to a certification or approval process at the end of the initial training? If so, is this a national or nationally recognised certification process?	2.3.  Are the EDDs subject to a certification or approval process at the end of the initial training? If so, is this a national or nationally recognised certification process?
YES or NO
If YES, describe the entire certification process and the related documentation supporting the assessment
2.4.  Does certification or approval involve the use of real explosive target materials?	2.4.  Does certification or approval involve the use of real explosive target materials?
YES or NO	YES or NO
If NO, please detail what type of training aid is used
2.5.  Does certification involve the concealment of explosive target materials in a realistic simulated cargo consignment?
YES or NO
If YES, please describe
2.6.  Can documentary evidence be provided to show that the EDDs and their handlers have passed the certification process, and has the validator had access to that information?	2.6.  Can documentary evidence be provided to show that the EDDs and their handlers have passed the certification process, and has the validator had access to that information?
YES or NO
If YES, please attach an example of the document
2.7.  Is there a responsible authority for the certification process, e.g. national/State regulator?	2.7.  Is there a responsible authority for the certification process, e.g. national/State regulator?
YES or NO
If YES, give details of the authority responsible for the process. Is it a state approved process or the private entities’ own certification process?
2.8.  Are the EDDs used trained to detect explosives only and is this limited to screening air cargo and mail, or wider categories?
YES or NO
If NO, please explain.
2.9.  Are real explosives used for the certification of EDD?
YES or NO
If NO, please explain.
2.10.  Conclusion: Given the information about initial training and the certification process provided, is the validator reasonably sure that the processes are equivalent to the EU regulatory requirements? Real explosives are used for the certification of EDD.	2.10.  Conclusion: Given the information about initial training and the certification process provided, is the validator reasonably sure that the processes are equivalent to the EU regulatory requirements? Real explosives are used for the certification of EDD.
YES or NO
If NO, specify reason

PART 3

Training materials

3.1.  Are various types of training materials and/or aids being used to train the EDDs?	3.1.  Are various types of training materials and/or aids being used to train the EDDs?
YES or NO
If YES, detail the different types of materials and training aids being use. If training material is used, provide, for example, the authorization for possession of said training material.
3.2.  Are the training materials frequently renewed/refreshed/replaced to ensure that they remain effective and fit for purpose?	3.2.  Are the training materials frequently renewed/refreshed/replaced to ensure that they remain effective and fit for purpose?
YES or NO
If YES, detail how frequently the materials are changed and the process for deciding when training materials need to be changed.
3.3.  Are the dogs trained in realistic situations using typical cargo concealments including the presence of masking odours?	3.3.  Are the dogs trained in realistic situations using typical cargo concealments including the presence of masking odours?
YES or NO
If NO, specify reason
3.4.  Has documentary evidence been provided in order for the EU aviation security validator to assess this Part as equivalent to the EU regulatory requirements?	3.4.  Has documentary evidence been provided in order for the EU aviation security validator to assess this Part as equivalent to the EU regulatory requirements?
YES or NO
If NO, specify reason

PART 4

Quality control

4.1.  Are EDDs and their handlers subjected to an external quality control programme?	4.1.  Are EDDs and their handlers subjected to an external quality control programme?
YES or NO
If YES, describe the external quality control programme, including frequency, and the entity responsible for delivering this.
4.2.  Does the EDD entity have the results of external quality control tests?	4.2.  Does the EDD entity have the results of external quality control tests?
YES or NO
If YES, detail the recent results of the external quality assurance tests for each active dog and handler combination.
4.3.  Are EDDs and their handlers subjected to an ongoing and regular internal quality control programme?	4.3.  Are EDDs and their handlers subjected to an ongoing and regular internal quality control programme?
YES or NO
If YES, describe the internal quality control programme and its frequency.
4.4.  Does the EDD operator, entity or authority, as applicable, maintain records of internal quality control tests?	4.4.  Does the EDD operator, entity or authority, as applicable, maintain records of internal quality control tests?
YES or NO
If YES, detail the results of recent internal quality control tests for each active dog and handler combination.
4.5.  Conclusion: Can the validator be sure that both the internal and external quality control processes are equivalent to the EU requirements?	4.5.  Conclusion: Can the validator be sure that both the internal and external quality control processes are equivalent to the EU requirements?
YES or NO
If NO, specify reason

PART 5

On-going (continuous) training

5.1.  Are EDDs and their handlers subjected to on-going or continuous training after certification or approval?	5.1.  Are EDDs and their handlers subjected to on-going or continuous training after certification or approval?
YES or NO
If YES, describe the training programme and the subjects that are covered in the training programme, which may be the same as in 2.1 and 2.2.
5.2.  Is the ongoing training taking place at a frequency sufficient to maintain EDDs competence?	5.2.  Is the ongoing training taking place at a frequency sufficient to maintain EDDs competence?
YES or NO
If YES, describe the frequency of ongoing training. Ideally training should take place daily.
5.3.  Is there any evidence of remedial measures in place to rectify any underperformance in training or quality control testing?	5.3.  Is there any evidence of remedial measures in place to rectify any underperformance in training or quality control testing?
YES or NO
If YES, describe the process for identifying adequate remedial measures.
5.4.  Does the EDD provider maintain a full record of each EDD (and handler) training and certification (including any retraining or recertification/approval)?
YES or NO
If NO, what training and certification records are retained?
5.5.  Conclusion: Given the information about ongoing training, is the validator reasonably sure that the process is equivalent to EU requirements?	5.5.  Conclusion: Given the information about ongoing training, is the validator reasonably sure that the process is equivalent to EU requirements?
YES or NO
If NO, specify reason

PART 6

Observation of the screening process

6.1.  Has the validator observed the cargo screening process?
YES or NO
If YES, does the screening process comply with EU requirements?
If NO, specify reason.
6.2.  Describe the general wellbeing and attentiveness of the dogs. Do they look healthy and comfortable? Are they focussed on their task or do they seem distracted?
6.3.  Has the entity provided evidence of their EDD alarm resolution protocol?	6.3.  Has the entity provided evidence of their EDD alarm resolution protocol?
YES or NO
If YES, describe the entire process in detail.
6.4.  Conclusion: Has the on-site verification provided sufficient evidence enabling the validator to be reasonably sure that the processes observed and documented demonstrate compliance of EDD screening with EU standards?	6.4.  Conclusion: Has the on-site verification provided sufficient evidence enabling the validator to be reasonably sure that the processes observed and documented demonstrate compliance of EDD screening with EU standards?
YES or NO
If NO, specify reason.

7. AIR CARRIER MAIL AND AIR CARRIER MATERIALS

7.0   GENERAL PROVISIONS

Unless otherwise stated or unless the implementation of security controls as referred to in Chapters 4, 5 and 6, respectively, are ensured by an authority, airport operator, entity or another air carrier, an air carrier shall ensure the implementation of the measures set out in this Chapter as regards its air carrier mail and air carrier materials.

7.1   AIR CARRIER MAIL AND AIR CARRIER MATERIALS TO BE LOADED ONTO AN AIRCRAFT

- 7.1.1 Before being loaded into the hold of an aircraft, air carrier mail and air carrier materials shall either be screened and protected in accordance with Chapter 5 or be subjected to security controls and protected in accordance with Chapter 6.

• 7.1.2 Before being loaded into any part of an aircraft other than the hold, air carrier mail and air carrier materials shall be screened and protected in accordance with the provisions on cabin baggage in Chapter 4.

• 7.1.3 Air carrier mail and air carrier materials to be loaded onto an aircraft shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

7.2   AIR CARRIER MATERIALS USED FOR PASSENGER AND BAGGAGE PROCESSING

• 7.2.1 Air carrier materials which are used for the purposes of passenger and baggage processing and which could be used to compromise aviation security shall be protected or kept under surveillance in order to prevent unauthorised access.

Self-check-in and applicable Internet options allowed for use by passengers shall be considered as authorised access to such materials.

- 7.2.2 Discarded materials which could be used to facilitate unauthorised access or move baggage into the security restricted area or onto aircraft shall be destroyed or invalidated.

- 7.2.3 Departure control systems and check-in systems shall be managed in such a manner as to prevent unauthorised access.

Self-check-in allowed for use by passengers shall be considered as authorised access to such systems.

8.0   GENERAL PROVISIONS

• 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.

• 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:

• (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.

• 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.

8.1   SECURITY CONTROLS

8.1.1   Security controls — general provisions

• 8.1.1.1 In-flight supplies shall be screened by or on behalf of an air carrier, a regulated supplier or an airport operator before being taken into a security restricted area, unless:

• (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.

• 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.

8.1.2   Screening

• 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.

• 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.

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

• (a) visual check;

• (b) hand search;

• (c) x-ray equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005;

• (d) EDS equipment;

• (e) ETD equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005, and in combination with point (a) of this point;

• (f) explosive detection dogs in combination with point (a);

• (g) EVD equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005, and in combination with point (a) of this point.

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.

• 8.1.2.4 Supplies consisting of items as defined in point 6.0.9 whose nature, packaging or container would significantly impair or prevent either the detection of prohibited articles or to analyse the material, substance or items contained therein during the application of Attachments 6-J and 12-H to the Annex to Implementing Decision C(2015) 8005, shall be accepted as in-flight supplies by the receiving regulated supplier or air carrier, as applicable, only under one of the following conditions:

- (a) they are originated by a known supplier;

• (b) where allowed by the appropriate authority and notified to the Commission, they are subject to a combination of screening and other appropriate security controls, as defined by the appropriate authority.

First paragraph, point (b), shall apply until 31 December 2027.

8.1.3   Approval of regulated suppliers

• 8.1.3.1 Regulated suppliers shall be approved by the appropriate authority.

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:

• (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 clearly state the location of the site or sites to which it refers and 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) 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) a regulated supplier shall not be considered as approved until its details are listed in the Union database on supply chain security.

• 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.

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.

• 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.

8.1.4   Designation of known suppliers

• 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.

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

• (a) the ‘Declaration of commitments – known supplier of in-flight supplies’ as contained in Attachment 8-B. This declaration shall clearly state the location of the site or sites to which it refers and 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:

• (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.

Validations must be recorded and, where not otherwise stated in this Regulation, must take place before designation and repeated every 3 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:

• (a) an on-site visit of the supplier every 3 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.

• 8.1.4.7 The designating entity shall keep:

• (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.

• 8.1.4.8 An inspection by the appropriate authority in accordance with its national quality control programme may be considered as on-site visit of the supplier, provided it covers the validation of the implementation of the security programme confirming the absence of deficiencies. Following the inspection, the appropriate authority shall provide the entity with an appropriate evidence of the successful revalidation, which shall be made available to the designating entity.

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

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

• (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 those supplies. In addition, ensure that persons implementing screening of in-flight supplies receive training in accordance with point 11.2.3.3 and persons implementing other security controls in respect of in-flight supplies receive training in accordance with point 11.2.3.10; 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.

- 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.

8.2   PROTECTION OF IN-FLIGHT SUPPLIES

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

- 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.

- 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.

• 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.

ATTACHMENT 8-A

DECLARATION OF COMMITMENTS

REGULATED SUPPLIER OF IN-FLIGHT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council ([^E0024]) 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

DECLARATION OF COMMITMENTS

KNOWN SUPPLIER OF IN-FLIGHT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council ([^E0025]) 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 before being given access to those supplies. In addition, ensure that persons implementing security controls other than screening in respect of in-flight supplies receive training in accordance with point 11.2.3.10; 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:

9.0   GENERAL PROVISIONS

• 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.

• 9.0.2 For the purposes of this Chapter:

- (a) ‘airport supplies’ means 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) ‘regulated 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 area as well as to perform screening of airport supplies;

• (c) ‘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.

• 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.

• 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.

9.1   SECURITY CONTROLS

9.1.1   Security controls — general provisions

- 9.1.1.1 Airport supplies shall be screened by or on behalf of an airport operator or a regulated supplier before being taken into a security restricted area, unless:

• (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.

• 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.

9.1.2   Screening

• 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.

• 9.1.2.2 The screening of airport supplies shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

• 9.1.2.3 The following means or method of screening, either individually or in combination, shall be applied:

• (a) visual check;

• (b) hand search;

• (c) x-ray equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005;

• (d) EDS equipment;

• (e) ETD equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005, and in combination with point (a) of this point;

• (f) explosive detection dogs in combination with point (a);

• (g) EVD equipment applied in accordance with Attachment 6-J to the Annex to Implementing Decision C(2015) 8005, and in combination with point (a) of this point.

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.

• 9.1.2.4 Supplies consisting of items as defined in point 6.0.9 whose nature, packaging or container would significantly impair or prevent either the detection of prohibited articles or to analyse the material, substance or items contained therein during the application of Attachments 6-J and 12-H to the Annex to Implementing Decision C(2015) 8005, shall be accepted as airport supplies by the receiving airport operator or by the regulated supplier, as applicable, only under one of the following conditions:

• (a) they are originated by a known supplier;

• (b) where allowed by the appropriate authority and notified to the Commission, they are subject to a combination of screening and other appropriate security controls as defined by the appropriate authority.

First paragraph, point (b), shall apply until 31 December 2027.

• 9.1.3 Approval of regulated suppliers

• 9.1.3.1 Regulated suppliers shall be approved by the appropriate authority.

The approval as a regulated supplier shall be site specific.

Any entity that ensures the security controls as referred to in point 9.1.5 and performs screening of airport supplies shall be approved as a regulated supplier.

• 9.1.3.2 The following procedure shall apply for the approval of regulated suppliers:

• (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 point 9.1.5. The programme shall also describe how compliance with those methods and procedures is to be monitored by the supplier itself. The applicant shall also submit the ‘Declaration of commitments – regulated supplier of airport supplies’ as contained in Attachment 9-A. That declaration shall be signed by the legal representative or by the person responsible for security. The signed declaration shall clearly state the location of the site or sites to which it refers and 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 point 9.1.5;

• (c) where 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. Where the appropriate authority is not satisfied, the reasons shall promptly be notified to the entity seeking approval as a regulated supplier;

• (d) a regulated supplier shall not be considered as approved until its details are listed in the Union database on supply chain security.

• 9.1.3.3 A regulated supplier shall be re-validated at regular intervals not exceeding 5 years. That shall include an on-site verification in order to assess whether the regulated supplier still complies with point 9.1.5.

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 9.1.5.

• 9.1.3.4 Where the appropriate authority is no longer satisfied that the regulated supplier complies with point 9.1.5, it shall withdraw the status of regulated supplier for the specified sites.

• 9.1.3.5 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 9.1.3 shall be recognised in all Member States.

• 9.1.4 Designation of known suppliers

• 9.1.4.1 Any entity (‘the supplier’) that ensures the security controls as referred to in point 9.1.5 but does not perform any screening of airport supplies shall be designated as a known supplier by the airport operator.

• 9.1.4.2 In order to be designated as a known supplier, the supplier must provide the airport operator with:

• (a) the ‘Declaration of commitments – known supplier of airport supplies’ as contained in Attachment 9-B. This declaration shall clearly state the location of the site or sites to which it refers and be signed by the legal representative;

• (b) the security programme covering the security controls as referred to in point 9.1.5.

• 9.1.4.3 All known suppliers must be designated on the basis of validations of:

• (a) the relevance and completeness of the security programme in respect of point 9.1.5;

• (b) the implementation of the security programme without deficiencies.

As a legal proof of the designation, the appropriate authority may require airport operators to enter the necessary details of the known suppliers they designate into the ‘Union database on supply chain security’ not later than the next working day. When making the database entry, the airport operator shall give each designated site a unique alphanumeric identifier in the standard format.

Access into the security restricted areas of airport supplies may only be granted after having established the status of the supplier. That shall be done by verifying in the ‘Union database on supply chain security’, where applicable, or by using an alternative mechanism delivering the same objective.

Where the appropriate authority or the airport operator is no longer satisfied that the known supplier complies with point 9.1.5, the airport operator shall withdraw the status of known supplier without delay.

• 9.1.4.4 The appropriate authority shall define in its national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 whether the validations of the security programme and its implementation are to be performed by a national auditor, an EU aviation security validator, or a person acting on behalf of the airport operator appointed and trained for that purpose.

Validations must be recorded and, where not otherwise stated in this Regulation, must take place before designation and repeated every 3 years thereafter.

If the validation is not done on behalf of the airport operator any record thereof must be made available to it.

• 9.1.4.5 The validation of the implementation of the security programme confirming the absence of deficiencies shall consist of either:

• (a) an on-site visit of the supplier every 3 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;
• — a verification that the supplies are properly secured;
• — screening of the supplies in the same way as supplies coming from an unknown supplier.

Those 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 where the appropriate authority defined in its national civil aviation security programme that the validation is to be performed by a person acting on behalf of the airport operator.

• 9.1.4.6 The methods applied and procedures to be followed during and after designation shall be laid down in the security programme of the airport operator.

• 9.1.4.7 The airport operator shall keep:

• (a) a list of all known suppliers it has designated indicating the expiry date of their designation;

• (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, those documents shall be made available to the appropriate authority for compliance monitoring purposes.

• 9.1.4.8 An inspection by the appropriate authority in accordance with its national quality control programme may be considered as on-site visit of the supplier, provided it covers the validation of the implementation of the security programme confirming the absence of deficiencies. Following the inspection, the appropriate authority shall provide the entity with an appropriate evidence of the successful revalidation, which shall be made available to the designating entity.

• 9.1.5 Security controls to be applied by a regulated supplier, a known supplier or an airport operator

• 9.1.5.1 A regulated supplier or known supplier of airport supplies or an airport operator delivering airport supplies to the security restricted area shall:

• (a) appoint a person responsible for security in the company;

• (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 those supplies;

• (c) ensure that persons implementing screening of airport supplies receive training in accordance with point 11.2.3.3 and persons implementing other security controls in respect of airport supplies receive training in accordance with point 11.2.3.10;

- (d) prevent unauthorised access to its premises and airport supplies;

• (e) reasonably ensure that no prohibited articles are concealed in airport supplies;

- (f) apply tamper-evident seals to, or physically protect, all vehicles or containers that transport airport supplies.

The first paragraph, point (f), shall not apply during airside transportation.

• 9.1.5.2 Where a regulated supplier or known supplier uses another company that is not a known supplier to the airport operator for transporting supplies to the airport, the regulated supplier or known supplier shall ensure that all security controls listed in this point are adhered to.

9.2   PROTECTION OF AIRPORT SUPPLIES

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

9.3   ADDITIONAL SECURITY PROVISIONS FOR SUPPLIES OF LAGS AND STEBS

- 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.

• 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.

• 9.3.3 Detailed provisions for the additional security provisions for supplies of LAGs and STEBs are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 9-A

DECLARATION OF COMMITMENTS

REGULATED SUPPLIER OF AIRPORT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council ([^E0026]) 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 screen and deliver airport supplies (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; (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 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 under the company’s security programme;

• — [name of company] will inform [name of appropriate authority] if: (a) it ceases trading; (b) it no longer screens airport supplies; (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 9-B

DECLARATION OF COMMITMENTS

KNOWN SUPPLIER OF AIRPORT SUPPLIES

In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council ([^E0027]) and its implementing acts,

I declare that

• — [name of company] will: (a) appoint a person responsible for security in the company; (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 those supplies; (c) ensure that persons implementing security controls other than screening in respect of airport supplies receive training in accordance with point 11.2.3.10; (d) prevent unauthorised access to its premises and airport supplies; (e) reasonably ensure that no prohibited articles are concealed in airport supplies; (f) apply tamper-evident seals to, or physically protect, all vehicles 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;

• — [name of company] will inform [the airport operator] if: (a) it ceases trading; (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:

No provisions in this Regulation.

11.0   GENERAL PROVISIONS

• 11.0.1 The authority, airport operator, air carrier or entity deploying persons implementing, or responsible for implementing, measures for which it is responsible in accordance with the national civil aviation security programme as referred to in Article 10 of Regulation (EC) No 300/2008 shall ensure that these persons meet the standards set out in this Chapter.

• 11.0.2 For the purpose of this Chapter, ‘certification’ and ‘recertification’ mean a formal evaluation and confirmation by or on behalf of the appropriate authority indicating that the person has successfully completed the relevant training, and that the person possesses the necessary competencies to perform assigned functions to an acceptable level. The certification and recertification processes shall be standardised at national level.

• 11.0.3 For the purposes of this Chapter, a ‘state of residence’ shall be any country in which the person has been resident continuously for 6 months or more and a ‘gap’ in the record of education or employment shall mean any gap of more than 28 days.

• 11.0.4 For the purposes of this Chapter, ‘competency’ means being able to demonstrate suitable knowledge and skills.

• 11.0.5 Competencies acquired by persons prior to recruitment may be taken into consideration when assessing any training needs under this Chapter.

• 11.0.6 Where relevant competencies required by this Regulation that are not specific to aviation security have been acquired through training not delivered by an instructor in line with point 11.5 of this Regulation and/or through courses not specified or approved by the appropriate authority, it may be taken into consideration when assessing any training needs under this Chapter.

• 11.0.7 Where a person has received training and acquired competencies listed in point 11.2, the training need not be repeated for another function other than for the purposes of recurrent training.

- 11.0.8 For the purposes of this Chapter, ‘radicalisation’ means the phenomenon of socialisation to extremism of people embracing opinions, views and ideas, which could lead to terrorism.

• 11.0.9 For the purposes of this Chapter and without prejudice to the applicable Union and national laws, in determining the reliability of an individual undergoing the process described in points 11.1.3 and 11.1.4, Member States shall consider at least:

• (a) the offences referred to in the Annex II to the Directive (EU) 2016/681 of The European Parliament and of the Council ([^E0028]); and

• (b) the terrorist offences referred to in the Directive (EU) 2017/541 of the European Parliament and of the Council ([^E0029]).

The offences listed in point (b) shall be considered as disqualifying crimes.

11.1   RECRUITMENT

• 11.1.1 The following personnel shall have successfully completed an enhanced background check:

• (a) persons being recruited to implement, or to be responsible for the implementation of screening, access control or other security controls in a security restricted area;

• (b) persons with general responsibility at national or local level for ensuring that a security programme and its implementation meet all legal provisions (security managers);

• (c) instructors, as referred to in Chapter 11.5;

• (d) EU aviation security validators, as referred to in Chapter 11.6.

• 11.1.2 The following personnel shall have successfully completed an enhanced or a standard background check:

• a) 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;

• b) Persons having unescorted access to air cargo and mail, air carrier mail and air carrier material, in-flight supplies and airport supplies to which the required security controls have been applied;

• c) Persons having administrator rights or unsupervised and unlimited access to critical information and communications technology systems and data used for civil aviation security purposes as described in 1.7.1 in accordance with the national aviation security programme, or having been otherwise identified in the risk assessment in accordance with 1.7.3.

Unless otherwise specified in this Regulation, whether an enhanced or a standard background check has to be completed shall be determined by the appropriate authority in accordance with applicable national rules.

• 11.1.3 In accordance with the applicable rules of Union and national law, an enhanced background check shall at least:

• (a) establish the person's identity on the basis of documentary evidence;

• (b) cover criminal records in all states of residence during at least the preceding 5 years;

• (c) cover employment, education and any gaps during at least the preceding 5 years;

• (d) cover intelligence and any other relevant information available to the competent national authorities that they consider may be relevant to the suitability of a person to work in a function which requires an enhanced background check.

• 11.1.4 In accordance with the applicable rules of Union and national law, a standard background check shall:

• (a) establish the person's identity on the basis of documentary evidence;

• (b) cover criminal records in all states of residence during at least the preceding 5 years;

• (c) cover employment, education and any gaps during at least the preceding 5 years.

• 11.1.5 A standard background check or points (a) to (c) of an enhanced background check shall be completed before the person undergoes initial security training involving access to information which is not publicly available due to its security sensitivity. Where applicable, point (d) of an enhanced background check shall be completed before a person is allowed to implement, or to be responsible for the implementation of, screening, access control or other security controls.

Whenever an enhanced background check is required, it shall be fully completed before the person undergoes the training referred to in points 11.2.3.1 to 11.2.3.5.

• 11.1.6 Enhanced or standard background checks shall be considered as failed if not all the elements specified in points 11.1.3 and 11.1.4 respectively, are completed satisfactorily, or if at any point in time these elements do not provide the necessary level of assurance as to the reliability of the individual.

Member States shall endeavour to establish appropriate and effective mechanisms in order to ensure information sharing at national level and with other States for the purposes of elaboration and evaluation of information relevant to background check.