Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (Text with EEA relevance. )
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4.1. Is there a procedure ensuring that all staff with access to identifiable air cargo or air mail is subject to a pre-employment check that assesses background check and competence? 4.1. Is there a procedure ensuring that all staff with access to identifiable air cargo or air mail is subject to a pre-employment check that assesses background check and competence? YES or NO If YES, indicate the number of preceding years taken into account for the pre-employment check and state which entity carries it out. 4.2. Does this procedure include? 4.2. Does this procedure include? ☐ background check ☐ pre-employment check ☐ check of criminal records ☐ interviews ☐ other (provide details) Explain the elements, indicate which entity carries this element out and where applicable, indicate the preceding timeframe that is taken into account. 4.3. Is there a procedure ensuring that the person responsible for the application and supervision of the implementation of security controls at the site is subject to a pre-employment check that assesses background and competence? 4.3. Is there a procedure ensuring that the person responsible for the application and supervision of the implementation of security controls at the site is subject to a pre-employment check that assesses background and competence? YES or NO If YES, indicate the number of preceding years taken into account for the pre-employment check and state which entity carries it out. 4.4. Does this procedure include? 4.4. Does this procedure include? ☐ background check ☐ pre-employment check ☐ check of criminal records ☐ interviews ☐ other (provide details) Explain the elements, indicate which entity carries this element out and where applicable, indicate the preceding timeframe that is taken into account. 4.5. Do staff with access to identifiable air cargo/air mail receive training before being given access to identifiable air cargo or air mail? 4.5. Do staff with access to identifiable air cargo/air mail receive training before being given access to identifiable air cargo or air mail? YES or NO If YES, describe the elements and duration of the training 4.6. Do staff referred to in point 4.5 receive recurrent training? 4.6. Do staff referred to in point 4.5 receive recurrent training? YES or NO If YES, specify the elements and the frequency of the recurrent training 4.7. Conclusion: do measures concerning staff recruitment and training ensure that all staff with access to identifiable EU or EEA bound air cargo or air mail have been properly recruited and trained to a standard sufficient to be aware of their security responsibilities? 4.7. Conclusion: do measures concerning staff recruitment and training ensure that all staff with access to identifiable EU or EEA bound air cargo or air mail have been properly recruited and trained to a standard sufficient to be aware of their security responsibilities? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 5
Physical security
Objective: The KC3 shall have procedures in place to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.
The entity has to demonstrate how its site or its premises are protected and that relevant access control procedures are in place. It is essential that access to the area where identifiable air cargo or air mail is processed or stored, is controlled. All doors, windows and other points of access to secure EU or EEA bound air cargo or air mail need to be secured or subject to access control.
Physical security can be, but is not limited to:
— physical obstacles such as fencing or barriers,
— technology using alarms and/or CCTV systems,
— human security such as staff dedicated to carry out surveillance activities.
Reference: point 6.8.3.1 of the Annex to Implementing Regulation (EU) 2015/1998.
5.1. Are all access points to identifiable air cargo/air mail subject to access control and is access limited to authorised persons? 5.1. Are all access points to identifiable air cargo/air mail subject to access control and is access limited to authorised persons? YES or NO If YES, how is access controlled? Explain and describe. Multiple answers may be possible. ☐ by security staff ☐ by other staff ☐ manual checking if persons are allowed to enter the area ☐ electronic access control systems ☐ other, specify If YES, how is it ensured that a person is authorised to enter the area? Explain and describe. Multiple answers may be possible. — use of a company identification card — use of another type of identification card such as passport or driver's licence — list of authorised persons used by (security) staff — electronic authorisation, e.g. by use of a chip; — distribution of keys or access codes only to authorised personnel — other, specify 5.2. Are all access points to identifiable air cargo or air mail secured? This includes access points which are not permanent in use and points which are normally not used as access points, such as windows. 5.2. Are all access points to identifiable air cargo or air mail secured? This includes access points which are not permanent in use and points which are normally not used as access points, such as windows. YES or NO If YES, how are these points secured? Explain and describe. Multiple answers may be possible. — presence of security staff — electronic access control systems which allow access to one person at a time — barriers, for example shutters or locks — CCTV system — intruder detection system 5.3. Are there additional measures to enhance the security of the premises in general? 5.3. Are there additional measures to enhance the security of the premises in general? YES or NO If YES, explain and describe what they are ☐ fencing or barriers ☐ CCTV system ☐ intruder detection system ☐ surveillance and patrols ☐ other, specify 5.4. Is the building of solid construction? 5.4. Is the building of solid construction? YES or NO 5.5. Conclusion: Are the measures taken by the entity sufficient to prevent unauthorised access to those parts of the site and premises where identifiable EU or EEA bound air cargo or air mail is processed or stored? 5.5. Conclusion: Are the measures taken by the entity sufficient to prevent unauthorised access to those parts of the site and premises where identifiable EU or EEA bound air cargo or air mail is processed or stored? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 6
Production
Objective: The KC3 shall have procedures in place to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering during the production process. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.
The entity has to demonstrate that access to the production area is controlled and the production process is supervised. If the product becomes identifiable as EU or EEA bound air cargo or air mail in the course of production, the entity has to show that measures are taken to protect air or cargo or air mail from unauthorised interference or tampering from this stage.
Answer these questions where the product can be identified as EU or EEA bound air cargo/air mail in the course of the production process.
6.1. Is access to the production area controlled and limited to authorised persons? 6.1. Is access to the production area controlled and limited to authorised persons? YES or NO If YES, explain how the access is controlled and limited to authorised persons 6.2. Is the production process supervised? 6.2. Is the production process supervised? YES or NO If YES, explain how it is supervised 6.3. Are controls in place to prevent tampering at the stage of production? 6.3. Are controls in place to prevent tampering at the stage of production? YES or NO If YES, describe 6.4. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during production? 6.4. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during production? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 7
Packing
Objective: The KC3 shall have procedures in place to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering during the packing process. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.
The entity has to demonstrate that access to the packing area is controlled and the packing process is supervised. If the product becomes identifiable as EU or EEA bound air cargo or air mail in the course of packing, the entity has to show that measures are taken to protect air cargo/air mail from unauthorised interference or tampering from this stage. All finished goods need to be checked prior to packing.
Answer these questions where the product can be identified as EU or EEA bound air cargo/air mail in the course of the packing process.
7.1. Is access to the packing area controlled and limited to authorised persons? 7.1. Is access to the packing area controlled and limited to authorised persons? YES or NO If YES, explain how the access is controlled and limited to authorised persons 7.2. Is the packing process supervised? 7.2. Is the packing process supervised? YES or NO If YES, explain how it is supervised 7.3. Are controls in place to prevent tampering at the stage of packing? 7.3. Are controls in place to prevent tampering at the stage of packing? YES or NO If YES, describe 7.4. Describe the finished outer packaging: 7.4. Describe the finished outer packaging: (a) Is the finished outer packing robust? (a) Is the finished outer packing robust? YES or NO Describe (b) Is the finished outer packaging tamper evident? (b) Is the finished outer packaging tamper evident? YES or NO If YES, describe which process is used to make the packaging tamper evident, for example by use of numbered seals, special stamps or security tape. If NO, describe what protection measures that ensure the integrity of the consignments are taken. 7.5. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during packing? 7.5. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during packing? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 8
Storage
Objective: The KC3 shall have procedures in place to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering during storage. If such cargo or mail is not protected, it cannot be forwarded to an ACC3 or RA3 as secure cargo or mail.
The entity has to demonstrate that access to the storage area is controlled. If the product becomes identifiable as EU or EEA bound air cargo or air mail while being stored, the entity has to show that measures are taken to protect air cargo or air mail from unauthorised interference or tampering as from this stage.
Answer these questions where the product can be identified as EU or EEA bound air cargo/air mail in the course of the storage process.
8.1. Is access to the storage area controlled and limited to authorised persons? 8.1. Is access to the storage area controlled and limited to authorised persons? YES or NO If YES, explain how the access is controlled and limited to authorised persons 8.2. Is the finished and packed air cargo or air mail stored securely and checked for tampering? 8.2. Is the finished and packed air cargo or air mail stored securely and checked for tampering? YES or NO If YES, describe If NO, explain how the entity ensures that the finished and packed EU or EEA bound air cargo and air mail is protected against unauthorised interference and any tampering. 8.3. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during storage? 8.3. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during storage? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 9
Despatch
Objective: The KC3 shall have procedures in place to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering during the despatch process. If such cargo or mail is not protected, it must not be forwarded to an ACC3 or RA3 as secure cargo or mail.
The entity has to demonstrate that access to the despatch area is controlled. If the product becomes identifiable as EU or EEA bound air cargo or air mail in the course of despatch, the entity has to show that measures are taken to protect air cargo or air mail from unauthorised interference or tampering from this stage.
Answer these questions where the product can be identified as EU/EEA bound air cargo or air mail in the course of the despatch process.
9.1. Is access to the despatch area controlled and limited to authorised persons? 9.1. Is access to the despatch area controlled and limited to authorised persons? YES or NO If YES, explain how the access is controlled and limited to authorised persons 9.2. Who has access to the despatch area? Multiple answers may be possible. 9.2. Who has access to the despatch area? Multiple answers may be possible. ☐ employees of the entity ☐ drivers ☐ visitors ☐ contractors ☐ others, specify 9.3. Is the despatch process supervised? 9.3. Is the despatch process supervised? YES or NO If YES, explain how it is supervised 9.4. Are controls in place to prevent tampering in the despatch area? 9.4. Are controls in place to prevent tampering in the despatch area? YES or NO If YES, describe 9.5. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during the despatch process? 9.5. Conclusion: Are measures taken by the entity sufficient to protect identifiable EU or EEA bound air cargo or air mail from unauthorised interference or tampering during the despatch process? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 10
Consignments from other sources
Objective: The KC3 shall have procedures in place to ensure that cargo or mail which it has not originated itself, shall not be forwarded to an ACC3 or an RA3 as secure cargo or mail.
A KC3 may pass consignments which it has not itself originated to a RA3 or an ACC3, provided that following conditions are met:
- (a) they are separated from consignments which it has originated; and
- (b) the origin is clearly indicated on the consignment or an accompanying documentation.
All such consignments must be screened by an RA3 or ACC3 before they are loaded onto an aircraft.
10.1. Does the entity accept consignments of cargo or mail intended for carriage by air from any other entity? 10.1. Does the entity accept consignments of cargo or mail intended for carriage by air from any other entity? YES or NO If YES, how are these consignments kept separate from the company's own cargo or mail and how are they identified to the regulated agent or haulier? Comments from the entity Comments from the EU aviation security validator.
PART 11
Documentation
Objective: The KC3 shall ensure that the documentation accompanying a consignment to which the KC3 has applied security controls (for example protection), contains at least:
- (a) the unique alphanumeric identifier received from the designating appropriate authority; and
- (b) the content of the consignment.
The documentation accompanying the consignment may either be in an electronic format or in writing.
Reference: point 6.8.3.4 of the Annex to Implementing Regulation (EU) 2015/1998
11.1. Does the entity ensure that appropriate accompanying documentation is established, containing the UAI received from the designating appropriate authority and a description of the consignment? 11.1. Does the entity ensure that appropriate accompanying documentation is established, containing the UAI received from the designating appropriate authority and a description of the consignment? YES or NO If NO, explain 11.2. Conclusion: Is the documentation process sufficient to ensure that cargo or mail is provided with proper accompanying documentation? 11.2. Conclusion: Is the documentation process sufficient to ensure that cargo or mail is provided with proper accompanying documentation? YES or NO If NO, specify reason Comments from the entity Comments from EU aviation security validator
PART 12
Transportation
Objective: The KC3 shall have procedures in place in order to ensure identifiable air cargo or air mail bound for the EU or EEA is protected from unauthorised interference or any tampering during transportation. If such cargo or mail is not protected, it must not be accepted by an ACC3 or RA3 as secure cargo or mail.
During transportation, the KC3 is responsible for the protection of the secure consignments. This includes cases where the transportation is undertaken by another entity, such as a freight forwarder, on its behalf. This does not include cases whereby the consignments are transported under the responsibility of an ACC3 or RA3.
Answer these questions where the product can be identified as EU or EEA bound air cargo or air mail when transported.
12.1. How is the air cargo or air mail conveyed to the ACC3 or RA3? 12.1. How is the air cargo or air mail conveyed to the ACC3 or RA3? (a) Validated entity's own transport? (a) Validated entity's own transport? YES or NO (b) ACC3's or RA3's transport? (b) ACC3's or RA3's transport? YES or NO (c) Contractor used by the validated entity? (c) Contractor used by the validated entity? YES or NO 12.2. Is the air cargo or air mail tamper evidently packed? 12.2. Is the air cargo or air mail tamper evidently packed? YES or NO If YES, how 12.3. Is the vehicle sealed or locked before transportation? 12.3. Is the vehicle sealed or locked before transportation? YES or NO If YES, how 12.4. Where numbered seals are used, is access to the seals controlled and are the numbers recorded? 12.4. Where numbered seals are used, is access to the seals controlled and are the numbers recorded? YES or NO If YES, specify how 12.5. If applicable, does the respective haulier sign the haulier declaration? 12.5. If applicable, does the respective haulier sign the haulier declaration? YES or NO 12.6. Has the person transporting the cargo been subject to specific security controls and awareness training before being authorised to transport secured air cargo or air mail, or both? 12.6. Has the person transporting the cargo been subject to specific security controls and awareness training before being authorised to transport secured air cargo or air mail, or both? YES or NO If YES, please describe what kind of security controls (for example, pre-employment check, background check) and what kind of training (for example, security awareness training, etc.) 12.7. Conclusion: Are the measures sufficient to protect air cargo or air mail from unauthorised interference during transportation? 12.7. Conclusion: Are the measures sufficient to protect air cargo or air mail from unauthorised interference during transportation? YES or NO If NO, specify reasons Comments from the entity Comments from the EU aviation security validator
PART 13
Compliance
Objective: After assessing the twelve previous parts of this checklist, the EU aviation security validator has to conclude whether its on-site verification confirms the implementation of the security controls in compliance with the objectives listed in this checklist for EU or EEA bound air cargo or air mail.
Two different scenarios are possible. The EU aviation security validator concludes that the entity:
- (1) has succeeded in complying with the objectives referred to in this checklist. A validation report shall be delivered to the designating appropriate authority and to the validated entity within a maximum of one month after the on-site verification;
- (2) has failed in complying with the objectives referred to in this checklist. In that case, the entity is not authorised to deliver air cargo or mail for EU or EEA destination to an ACC3 or RA3 without it being screened by an authorised party. It shall receive a copy of the completed checklist stating the deficiencies.
The EU aviation security validator has to keep in mind that the assessment is based on an overall objective-based compliance methodology.
12.1. General conclusion: Indicate the scenario closest to the situation validated 12.1. General conclusion: Indicate the scenario closest to the situation validated 1 or 2 Comments from EU aviation security validator Comments from the entity
Name of the validator:
Date:
Signature:
ANNEX
List of persons and entities visited and interviewed
Providing the name of the entity, the name and the position of the contact person and the date of the visit or interview.
Name of entity Name of contact person Position of contact person Date of visit or interview
’;
- (33) Attachments 6-H1, 6-H2 and 6-H3 are replaced by the following:
‘ATTACHMENT 6-H1
DECLARATION OF COMMITMENTS — EU AVIATION SECURITY VALIDATED ACC3
On behalf of [name of air carrier] I take note of the following:
This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.
[name of air carrier] can only be designated ‘air cargo or mail carrier operating into the Union from a third country airport’ (ACC3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the ACC3 have been entered in the Union database on supply chain security.
If a non-compliance in the security measures the report refers to is identified by the appropriate authority of an EU Member State or by the European Commission, this could lead to the withdrawal of [name of air carrier] designation as ACC3 already obtained for this airport which will prevent [name of air carrier] transport air cargo or mail into the EU or EEA area from this airport.
The report is valid for five years and shall therefore expire on … at the latest.
On behalf of [air carrier] I declare that:
- (1) [name of air carrier] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report.
- (2) I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:
- (a) any changes to [name of air carrier] security programme occur;
- (b) the overall responsibility for security is assigned to anyone other than the person named in point 1.7 of Attachment 6-C3 to Implementing Regulation (EU) 2015/1998;
- (c) there are any other changes to premises or procedures likely to significantly impact on security;
- (d) the air carrier ceases trading, no longer deals with air cargo or mail bound to the Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.
- (3) [name of air carrier] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated ACC3 where security standards were identified as insufficient, until the subsequent validation of [name of air carrier] activities.
- (4) [name of air carrier] will inform the designating appropriate authority in case it is not able to request, obtain or ensure the application of appropriate security controls in respect of cargo or mail it accepts for carriage into the EU or EEA area, or it cannot exercise effective oversight on its supply chain.
On behalf of [name of air carrier] I accept full responsibility for this declaration.
Name:
Position in company:
Date:
Signature:
ATTACHMENT 6-H2
DECLARATION OF COMMITMENTS — THIRD COUNTRY EU AVIATION SECURITY VALIDATED REGULATED AGENT (RA3)
On behalf of [name of entity] I take note of the following:
This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.
[Name of entity] can only be designated ‘third country EU aviation security validated regulated agent’ (RA3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the RA3 have been entered in the Union database on supply chain security.
If a non-compliance in the security measures the report refers to is identified by the appropriate authority of a Union Member State or by the European Commission, this could lead to the withdrawal of [name of entity] designation as a RA3 already obtained for this premises which will prevent [name of entity] from delivering secured air cargo or mail for EU or EEA destination to an ACC3 or another RA3.
The report is valid for three years and shall therefore expire on … at the latest.
On behalf of [name of entity] I declare that:
- (1) [name of entity] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report.
- (2) I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:
- (a) any changes to [name of entity] security programme occur;
- (b) the overall responsibility for security is assigned to anyone other than the person named in point 1.9 of Attachment 6-C2 to Implementing Regulation (EU) 2015/1998;
- (c) there are any other changes to premises or procedures likely to significantly impact on security;
- (d) the company ceases trading, no longer deals with air cargo or mail bound to the European Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.
- (3) [name of entity] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated RA3 where security standards were identified as insufficient, until the subsequent validation of [name of entity] activities.
- (4) [name of entity] will inform the ACC3s and RA3s to which it delivers secured air cargo and/or air mail if [name of entity] ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements validated in this report.
On behalf of [name of entity] I accept full responsibility for this declaration.
Name:
Position in company:
Date:
Signature:
ATTACHMENT 6-H3
DECLARATION OF COMMITMENTS — THIRD COUNTRY EU AVIATION SECURITY VALIDATED KNOWN CONSIGNOR (KC3)
On behalf of [name of entity] I take note of the following:
This report establishes the level of security applied to EU or EEA bound air cargo operations in respect of the security standards listed in the checklist or referred to therein.
[Name of entity] can only be designated ‘third country EU aviation security validated known consignor’ (KC3) once an EU aviation security validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the KC3 have been entered in the Union database on supply chain security.
If a non-compliance in the security measures the report refers to is identified by the appropriate authority of a Union Member State or by the European Commission, this could lead to the withdrawal of [name of entity] designation as a KC3 already obtained for this premises which will prevent [name of entity] from delivering secured air cargo or mail for EU or EEA destination to an ACC3 or an RA3.
The report is valid for three years and shall therefore expire on … at the latest.
On behalf of [name of entity] I declare that:
- (1) [name of entity] will accept appropriate follow-up action for the purpose of monitoring the standards confirmed by the report;
- (2) I will provide the designating appropriate authority with the relevant details promptly but at least within 15 days if:
- (a) any changes to [name of entity] security programme occur;
- (b) the overall responsibility for security is assigned to anyone other than the person named in point 1.9 of Attachment 6-C4 to Implementing Regulation (EU) 2015/1998;
- (c) there are any other changes to premises or procedures likely to significantly impact on security;
- (d) the company ceases trading, no longer deals with air cargo/mail bound to the European Union, or can no longer meet the requirements of the relevant Union legislation that have been validated in this report.
- (3) [name of entity] will maintain the security level confirmed in this report as compliant with the objective set out in the checklist and, where appropriate, implement and apply any additional security measures required to be designated KC3 where security standards were identified as insufficient, until the subsequent validation of [name of entity] activities.
- (4) [name of entity] will inform the ACC3s and RA3s to which it delivers secured air cargo and/or air mail if [name of entity] ceases trading, no longer deals with air cargo/air mail or can no longer meet the requirements validated in this report.
On behalf of [name of entity] I accept full responsibility for this declaration.
Name:
Position in company:
Date:
Signature:’;
- (34) point 8.1.3.2 is amended as follows:
- (a) point (c) is replaced by the following:
- ‘(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;’;
- (b) the following point (d) is added:
- ‘(d) a regulated supplier shall not be considered as approved until its details are listed in the Union database on supply chain security.’;
- (35) point 11.2.2(e) is replaced by the following:
- ‘(e) knowledge of identification card systems in use;’
- (36) in point 11.2.3.8, the following paragraph is added:
‘In addition, where the person holds an airport identification card, training shall also result in all of the following competences:
- (h) understanding of the configuration of the screening checkpoint and the screening process;
- (i) awareness of access control and relevant screening procedures;
- (j) knowledge of airport identification cards used at the airport;
- (k) knowledge of reporting procedures;
- (l) ability to respond appropriately to security related incidents.’;
- (37) in point 11.2.3.9, the following paragraph is added:
‘In addition, where the person holds an airport identification card, training shall also result in all of the following competences:
- (k) understanding of the configuration of the screening checkpoint and the screening process;
- (l) awareness of access control and relevant screening procedures;
- (m) knowledge of identification cards in use;
- (n) ability to respond appropriately to security related incidents.’;
- (38) in point 11.2.3.10, the following paragraph is added:
‘In addition, where the person holds an airport identification card, training shall also result in all of the following competences:
- (k) understanding of the configuration of the screening checkpoint and the screening process;
- (l) awareness of access control and relevant screening procedures;
- (m) knowledge of identification cards in use;
- (n) ability to respond appropriately to security related incidents.’;
- (39) in point 11.5.1, the following paragraph is added:
‘Instructors shall be subject to recertification at least every 5 years.’;
- (40) point 11.6.4.3 is replaced by the following:
11.6.4.3 When a Member State is no longer satisfied that an EU aviation security validator meets the requirements referred to in points 11.6.3.1 or 11.6.3.5, it shall withdraw the approval and remove the validator from the Union database on supply chain security, or inform the appropriate authority that approved it, sharing the basis for its concern.’;
- (41) Attachment 11-A is replaced by the following:
‘ATTACHMENT 11-A
INDEPENDENCE DECLARATION — EU AVIATION SECURITY VALIDATOR
- (a) I confirm that I have established the level of compliance of the validated entity in an impartial and objective way.
- (b) I confirm that I am not, and have not in the preceding two years, been employed by the validated entity.
- (c) I confirm that I have no economic or other direct or indirect interest in the outcome of the validation activity, the validated entity or its affiliates.
- (d) I confirm that I have, and have had in the preceding 12 months no business relations such as training and consultancy beyond the validation process with the validated entity in areas related to aviation security.
- (e) I confirm that the EU aviation security validation report is based on a thorough fact finding evaluation of relevant security documentation, consisting of:
- — the validated entities' security programme or equivalent, and
- — an on- site verification of the implementation thereof.
- (f) I confirm that the EU aviation security validation report is based on an assessment of all security relevant areas on which the validator is required to give an opinion based on the relevant EU checklist.
- (g) I confirm that I have applied a methodology that allows for separate EU aviation security validation reports in respect of each entity validated and ensures objectivity and impartiality of the fact finding and evaluation, where several entities are being validated in a joint action.
- (h) I confirm that I accepted no financial or other benefits, other than a reasonable fee for the validation and a compensation of travel and accommodation costs.
I accept full responsibility for the EU aviation security validation report.
Name of the validated entity:
Name of the EU aviation security validator:
Date:
Signature:’;
- (42) points 12.7.1.2 and 12.7.1.3 are replaced by the following:
12.7.1.2 The equipment shall be used in a manner that ensures that the container is positioned and orientated so as to ensure that the detection capabilities are utilised in full.
12.7.1.3 The equipment shall give an alarm in each of the following circumstances:
- (a) when it detects threat material;
- (b) when it detects the presence of an item that prevents threat material from being detected;
- (c) when it cannot assess whether the LAG is benign or not;
- (d) when the contents of the screened bag are too dense to be analysed.’;
- (43) point 12.7.1.4 is deleted;
- (44) point 12.7.2.2 is replaced by the following:
12.7.2.2 All LEDS equipment shall meet standard 2.’;
- (45) point 12.7.2.3 is deleted;
- (46) point 12.9.2.5 is replaced by the following:
12.9.2.5 An EDD used for the detection of explosive materials shall be fitted with appropriate means to allow for the unique identification of the EDD.’.
[^ntc*1-L_2017122EN.01000301-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).’;’
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.
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.
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.
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.
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
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.
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