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)

• 12.8.6 If, on the basis of a report, the Commission is not satisfied that the method of screening being trialled is providing sufficient guarantees that the overall level of aviation security is being maintained in the Union, the Commission shall inform the Member State that the trial shall be suspended until such guarantees can be given.

• 12.8.7 No evaluation period may be longer than thirty months.

12.9   EXPLOSIVE DETECTION DOGS

12.9.1   General Principles

• 12.9.1.1 An explosive detection dog (EDD) shall be able to detect and indicate specified materials set in Attachment 12-D to the Annex to Implementing Decision C(2015) 8005.

• 12.9.1.2 The detection shall be independent of the shape, position or orientation of the explosive materials.

• 12.9.1.3 An EDD shall give an alarm, in the form of a passive response, when it detects explosive materials set in Attachment 12-D of Commission Implementing Decision C(2015) 8005.

- 12.9.1.4 An EDD and its handler may be used for screening if the handler has successfully completed the theoretical exam, if the EDD has successfully completed the odour recognition test and if they have been approved in combination as a team.

• 12.9.1.5 An EDD and its handler shall be subject to initial and recurrent training to ensure that required competencies are learned and maintained and, where appropriate, new competencies are learned.

• 12.9.1.6 In order to be approved, an EDD team, consisting of an EDD and handler(s), shall have successfully passed a training course.

• 12.9.1.7 An EDD team shall be approved by or on behalf of the appropriate authority in accordance with Attachments 12-E and 12-F to Commission Implementing Decision C(2015) 8005. The appropriate authority may allow the deployment and use of EDD teams trained and/or approved by the appropriate authority of another Member State, provided it has formally agreed with the approving authority on the respective roles and responsibilities in ensuring that all the requirements in Chapter 12.9 of this Annex are fulfilled, in accordance with Attachment 12-P to this Annex. In the absence of such agreement, full responsibility for the fulfilment of all requirements in Chapter 12.9 of this Annex remains with the appropriate authority of the Member State where the EDD team is deployed and used.

• 12.9.1.8 After approval by the appropriate authority, an EDD team may be used for security screening only for the methodology and the area(s) for which it has been approved.

12.9.2   Standards for EDD

• 12.9.2.1 The performance requirements for an EDD are laid down in Attachment 12-D of Commission Implementing Decision C(2015) 8005.

• 12.9.2.2 An EDD team used for the screening of persons, cabin baggage, items carried by persons other than passengers, vehicles, aircraft, in-flight supplies and airport supplies, and security restricted areas of an airport shall meet detection standard 1.

• 12.9.2.3 An EDD team used for the screening of hold baggage, air carrier mail, air carrier materials, cargo and mail shall meet detection standard 2.

- 12.9.2.4 An EDD team approved to detect explosive materials using the remote explosive scent tracing method may only be used in screening of cargo, but no other areas included in standard 2.

• 12.9.2.5 An EDD used for the detection of explosive materials shall be marked by the implantation of a transponder ([^E0032]) allowing the unique identification of the EDD.

• 12.9.2.6 When performing explosive detection duties, an EDD shall always be accompanied by the handler who is approved to work with the EDD.

• 12.9.2.7 An EDD approved for free running method shall only have one handler. One handler may be approved for leading a maximum of two EDDs.

• 12.9.2.8 An EDD approved for remote explosive scent tracing method shall be led by a maximum of two handlers per EDD.

12.9.3   Training requirements

General training obligations

• 12.9.3.1 The training of an EDD team shall include theoretical, practical and on-the-job training elements.

• 12.9.3.2 The content of training courses shall be specified or approved by the appropriate authority. The theoretical training of the handler shall include the provisions laid down in Chapter 11.2 for the screening of the specific area or areas where the EDD team is approved.

• 12.9.3.3 The training shall be conducted by instructors qualified in accordance with point 11.5.

• 12.9.3.4 Dogs to be trained for explosive detection shall only be used for that purpose.

• 12.9.3.5 During training, real explosive or training aids representing explosive materials shall be used.

• 12.9.3.6 Persons handling real explosive or training aids shall receive proper training so as to prevent contamination.

Initial training for EDD Teams

• 12.9.3.7 An EDD team shall be subject to initial training in accordance with the requirements laid down in point 12.9.3 of Commission Implementing Decision C(2015) 8005.

• 12.9.3.8 Initial training for EDD team shall include practical training in the intended work environment.

Recurrent training for EDD Teams

• 12.9.3.9 An EDD and the handler shall be subject to recurrent training requirements, both individually and in combination as a team.

• 12.9.3.10 Recurrent training shall maintain the existing competencies as required by the initial training and those acquired in line with security developments.

• 12.9.3.11 Recurrent training for an EDD team shall be performed at intervals of at least every 6 weeks. The minimum duration of the recurrent training shall be no less than 4 hours in any 6 weeks period. That requirement does not apply in the case where an EDD is subject to recognition training of all materials listed in Attachment 12-D to the Annex to Implementing Decision C(2015) 8005 on at least a weekly basis.

• 12.9.3.12 During recurrent training, real explosive or training aids representing explosive materials shall be used.

Training records for EDD Teams

• 12.9.3.13 The records of both initial and recurrent training shall be kept for both the EDD and its handler for at least the duration of their contract of employment and they shall be made available to the appropriate authority upon request.

Operational Training for EDD Teams

Operational Training for EDD Teams

• 12.9.3.14 When EDD is deployed in the screening duties, the EDD shall be subject to training in each operational area, as referred to in Attachment 12-F to the Annex to Implementing Decision C(2015) 8005, where the team is deployed to ensure that it meets the performance set in Attachment 12-D to the Annex to Implementing Decision C(2015) 8005.

• 12.9.3.15 Training in the operational area as listed in Attachment 12-F to the Annex to Implementing Decision C(2015) 8005 shall be done on a continuous random basis during the deployment period and shall measure EDD’s detection performance by means of approved training aids in each area where the EDD is deployed.

• 12.9.3.16 Training shall be performed on already screened and secured items.

12.9.4   Approval Procedures

• 12.9.4.1 The approval procedure shall ensure that all of the following competencies are measured:

• (a) ability of the EDD to meet the detection performance laid down in the Attachment 12-D of Commission Implementing Decision C(2015) 8005;

• (b) ability of the EDD to give a passive indication on the presence of explosive materials;

• (c) ability of the EDD and its handler(s) to work effectively as a team;

- (d) ability of the handler to correctly lead the EDD, interpret and respond appropriately to the EDD's reaction to the presence of an explosive material.

• 12.9.4.2 The approval procedure shall simulate each of the work areas in which the EDD team shall work.

- 12.9.4.3 The EDD team shall have successfully completed training in each area for which the approval is sought.

• 12.9.4.4 The approval procedures shall be carried out in accordance with the Attachments 12-E and 12-F of Commission Implementing Decision C(2015) 8005.

- 12.9.4.5 The validity of each approval period shall not be longer than 12 months.

12.9.5   Quality Control

- 12.9.5.1 The EDD team shall be subject to quality control measures set out in the Attachment 12-G of Commission Implementing Decision C(2015) 8005.

12.9.6   Methodology of Screening

Further, detailed requirements are contained in Commission Implementing Decision C(2015) 8005.

12.10   METAL DETECTION EQUIPMENT (MDE)

Detailed provisions on the use of MDE are laid down in Commission Implementing Decision C(2015) 8005.

12.11   SECURITY SCANNERS

12.11.1   General principles

A security scanner is a system for the screening of persons that is capable of detecting metallic and non-metallic objects, distinct from the human skin, carried on the body or within clothes.

A security scanner with human reviewer may consist of a detection system that creates an image of a person's body for a human reviewer to analyse and establish that no metallic and non-metallic object, distinct from the human skin, is carried on the body of the person screened. When the human reviewer identifies such an object, its location shall be communicated to the screener for further search. In this case, the human reviewer is to be considered as an integral part of the detection system.

A security scanner with automatic threat detection may consist of a detection system that automatically recognises metallic and non- metallic objects, distinct from the human skin, carried on the body of the person screened. When the system identifies such an object, its location shall be indicated on a stick figure to the screener.

For the purpose of screening passengers, a security scanner shall meet all of the following standards:

• (a) security scanners shall detect and indicate by means of an alarm at least specified metallic and non-metallic items including explosives both individually and in combination;

• (b) detection shall be independent of the position and orientation of the item;

- (c) the system shall have a visual indicator to show that the equipment is in operation;

• (d) security scanners shall be positioned so as to ensure that their performance is not affected by sources of interference;

• (e) the correct functioning of security scanners shall be tested on a daily basis;

• (f) the security scanner shall be used in accordance with the concept of operations provided by the manufacturer.

Security scanners for the screening of passengers shall be deployed and used in compliance with Council Recommendation 1999/519/EC ([^E0033]) and Directive 2013/35/EU of the European Parliament and of the Council ([^E0034]).

12.11.2   Standards for security scanners

The performance requirements for security scanners are laid down in Attachment 12-K, which shall be classified as ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ and be handled in accordance with Decision (EU, Euratom) 2015/444.

Security scanners shall meet the standard defined in Attachment 12-K from the entry into force of this Regulation.

- 12.11.2.1 All security scanners shall meet standard 1.

Standard 1 shall expire on 1 January 2022.

• 12.11.2.2 Standard 2 shall apply to security scanners installed as of 1 January 2019.

• 12.11.2.3 Standard 2.1 shall apply to security scanners installed from 1 January 2021.

12.12   SHOE SCANNER EQUIPMENT

12.12.1   General principles

• 12.12.1.1 Shoe metal detection (SMD) equipment shall be able to detect and to indicate by means of an alarm at least specified metallic items, both individually and in combination.

• 12.12.1.2 Shoe explosive detection (SED) equipment shall be able to detect and indicate by means of an alarm at least specified explosives items.

• 12.12.1.3 The detection by SMD and SED shall be independent of the position and orientation of the metallic or explosive items.

- 12.12.1.4 SMD and SED shall be placed on a solid base.

• 12.12.1.5 SMD and SED shall have a visual indicator to show that the equipment is in operation.

• 12.12.1.6 The means for adjusting the detection settings of SMD and SED shall be protected and accessible only to authorised persons.

• 12.12.1.7 SMD shall give at least a visual alarm and an audible alarm when it detects metallic items as refers to in point 12.12.1.1. Both types of alarm shall be noticeable at a range of 1 m.

• 12.12.1.8 SED shall give at least a visual alarm and an audible alarm when it detects explosive items as refers to in point 12.12.1.2. Both types of alarm shall be noticeable at a range of 1 m.

12.12.2   Standards for SMD

• 12.12.2.1 There shall be two standards for SMD. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

• 12.12.2.2 All SMD exclusively used for screening persons other than passengers shall meet at least standard 1.

• 12.12.2.3 All SMD used for screening of passengers shall meet standard 2.

• 12.12.2.4 All SMD shall be able to resolve alarms generated on a WTMD, in the area between the surface supporting the shoe and at least 35 cm above.

12.12.3   Standard for SED

• 12.12.3.1 Detailed requirements on this standard are laid down in Commission Implementing Decision C(2015) 8005.

• 12.13 AUTOMATED PROHIBITED ITEMS DETECTION (APID) SOFTWARE

• 12.13.1 General principles

• 12.13.1.1 Automated Prohibited Items Detection (APID) software shall be able to detect and to indicate by means of an alarm prohibited items contained in baggage or other consignments.

• 12.13.2 Standards for APID software

• 12.13.2.1 There shall be three standards for APID software. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

• 12.14 EXPLOSIVE VAPOUR DETECTION (EVD) EQUIPMENT

• 12.14.1 General principles

• 12.14.1.1 Explosives Vapour Detection (EVD) equipment shall be able to collect samples of air and analyse the collected sample for vapour, aerosols and/or airborne particles indicating the presence of explosives and explosive related materials.

If trace levels of explosives or explosive related materials are found in the sample, the EVD equipment shall indicate an alarm.

• 12.14.1.2 For the purpose of screening with EVD equipment, the following requirements shall apply:

• (a) EVD equipment shall only be used in an environment and for the purpose for which it has been approved, i.e. screening of:
• — Passengers and persons other than passengers (EVD-PX);
• — Cabin baggage (EVD-CB);
• — Hold baggage (EVD-HB);
• — Air cargo and mail, air carrier mail and air carrier materials, in-flight supplies and airport supplies (EVD-CS);

- (b) consumables shall not be used beyond the recommendations of their manufacturer or if the performance of the consumable appears to have deteriorated through use.

• 12.14.2 Standards for EVD

- 12.14.2.1 All EVD equipment used for the screening of hold baggage, air cargo and mail, air carrier mail and air carrier materials loaded in the aircraft hold, in-flight supplies as well as airport supplies shall meet at least standard 1.

• 12.14.2.2 All EVD equipment used for the screening of passengers and persons other than passengers as well as cabin baggage shall meet at least standard 3.

- 12.14.2.3 Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-A

Detailed provisions for performance requirements for WTMD and SMD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-B

Detailed provisions for performance requirements for EDS are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-C

Detailed provisions for performance requirements for equipment for the screening of liquids, aerosols and gels (LAGS) are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-D

Detailed provisions for performance requirements for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-E

Detailed provisions for approval procedures of an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-F

Detailed provisions for approval test areas and test conditions for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-G

Detailed provisions for quality control requirements for an EDD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-H

Detailed provisions for ‘Free Running EDD — Standards for deployment methodology’ are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-I

Detailed provisions for ‘Remote Explosive Scent Tracing EDD — Standards for deployment methodology’ are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-J

Detailed provisions for performance requirements for MDE are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-K

Detailed provisions for performance requirements for security scanners are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-L

Detailed provisions for performance requirements for Explosive Trace Detection (ETD) are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-M

Detailed provisions for performance requirements for APID are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-N

Detailed provisions for performance requirements for SED are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-O

Detailed provisions for performance requirements for EVD are laid down in Commission Implementing Decision C(2015) 8005.

ATTACHMENT 12-P

LETTER OF UNDERSTANDING BETWEEN APPROPRIATE AUTHORITIES SUPPORTING THE DEPLOYMENT OF EDD TEAMS

This letter of understanding is established between the following parties:

The appropriate authority receiving support for the deployment of EDD teams:

…

The appropriate authority or authorities providing support for the deployment of EDD teams:

…

For the identification of the following roles ([^E0035]) to ensure that the deployment of EDD teams meets EU requirements:

Appropriate authority in charge of specifying or approving the content of training courses:

…

Appropriate authority in charge of approving EDD teams:

…

Appropriate authority in charge of the external quality control:

…

For the following period of validity:

Date:

Signatures:

[^E0001]: Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, p. 7).

[^E0002]: Commission Implementing Decision C(2015) 8005 final laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008, and repealing Decision (2010) 774 of 13 April 2010.

[^E0003]: Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 338, 19.12.2009, p. 17).

[^E0004]: As Iceland is not part of the customs territory of the Union, for the purposes of point 6.8.7 of this Annex, Iceland is considered a third country.

[^E0005]: Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

[^E0006]: Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

[^E0007]: Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1).

[^E0008]: Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

[^E0009]: Air carriers, operators and entities in Iceland shall apply points 6.7.3 and 6.7.4 of the Annex to Implementing Decision C(2015) 8005.

[^E0010]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

[^E0011]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

[^E0012]: Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

[^E0013]: The Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

[^E0014]: EU or EEA bound air cargo or air mail or aircraft in this validation checklist is equivalent to the Union and Iceland, Norway and Switzerland bound air cargo or air mail or aircraft.

[^E0015]: The Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

[^E0016]: EU or EEA bound air cargo or air mail or aircraft in this validation checklist is equivalent to EU and Iceland, Norway and Switzerland bound air cargo or air mail or aircraft.

[^E0017]: The Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom

[^E0018]: EU or EEA bound air cargo or air mail or aircraft in this validation checklist is equivalent to the Union and Iceland, Norway and Switzerland bound air cargo or air mail or aircraft.

[^E0022]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72, ELI: http://data.europa.eu/eli/reg/2008/300/oj).

[^E0023]: 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 (OJ L 299, 14.11.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/1998/oj).

[^E0024]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

[^E0025]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

[^E0026]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72, ELI http://data.europa.eu/eli/reg/2008/300/oj).

[^E0027]: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72, ELI http://data.europa.eu/eli/reg/2008/300/oj).

[^E0028]: Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132).

[^E0029]: Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

[^E0030]: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

[^E0031]: Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

[^E0032]: Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/576/oj).

[^E0033]: Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 199, 30.7.1999, p. 59).

[^E0034]: Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1).

[^E0035]: Should there be a need, this letter of understanding may be supplemented with additional details and amended as needed in order to specify the roles of the appropriate authorities, and to determine its scope of application.