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Document 32024R1255
Commission Implementing Regulation (EU) 2024/1255 of 3 May 2024 amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security
Commission Implementing Regulation (EU) 2024/1255 of 3 May 2024 amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security
Commission Implementing Regulation (EU) 2024/1255 of 3 May 2024 amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security
C/2024/2612
OJ L, 2024/1255, 6.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1255/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Official Journal |
EN L series |
2024/1255 |
6.5.2024 |
COMMISSION IMPLEMENTING REGULATION (EU) 2024/1255
of 3 May 2024
amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 4(3) thereof,
Whereas:
(1) |
Experience gained with the implementation of Commission Implementing Regulation (EU) 2015/1998 (2) has shown the need for minor amendments to the implementing measures of certain common basic standards on aviation security. |
(2) |
The surface transport between the premises of regulated agents, known consignors and air carriers, of air cargo and mail to which the required security controls have been applied, is in many cases outsourced by such entities to external hauliers, operating on their behalf. Certain conditions and rules allowing the use of hauliers, as well as certain obligations for such hauliers are already set out in the Annex to Implementing Regulation (EU) 2015/1998. |
(3) |
There is a need for more clarity in terms of visibility, accountability and oversight by the appropriate authorities of hauliers and the operations they perform to maintain the integrity of the air cargo and mail secure supply chain in the Union. For that purpose, requirements for approval and oversight of hauliers should be introduced into the Annex to Implementing Regulation (EU) 2015/1998. |
(4) |
The requirements for approved hauliers should not impose unnecessary administrative and operational burden on both entities and appropriate authorities. The provisions setting out those requirements should also take into account the experience of the Member States that have established an approval and oversight scheme for hauliers operating at national level. |
(5) |
In order to allow for a gradual introduction of the regime of approved hauliers in the Union, the current requirements to which hauliers are subject to should continue to apply until 31 December 2026. That would facilitate the preparation for mandatory implementation of the approved hauliers regime by both appropriate authorities and the relevant entities subjected to them. |
(6) |
Attachments 3-B, 4-B, 5-A and 6-F to the Annex to Implementing Regulation (EU) 2015/1998 list the third countries recognised as applying security standards equivalent to the common basic standards on aviation security. |
(7) |
The Commission has verified that the airport of Svalbard (unincorporated area of the Kingdom of Norway), meets the criteria set out in Part E of the Annex to Commission Regulation (EC) No 272/2009 (3), with regard to screening of passengers and cabin baggage, screening of hold baggage, cargo and mail and aircraft security. |
(8) |
It is therefore necessary to add Svalbard Airport to the lists in Attachments 3-B, 4-B, 5-A and 6-F to the Annex to Implementing Regulation (EU) 2015/1998. |
(9) |
Commission Implementing Regulation (EU) 2023/566 (4) introduced the requirement for explosive trace detection (ETD) equipment deployed from 1 September 2014 to also detect chemicals as of 1 July 2024. Experience in the ongoing implementation of the preparatory steps shows that the date of 1 July 2024 needs to be postponed by 15 months, in order to ensure compliance with that requirement and allowing a smooth upgrade of the deployed equipment by all users, without posing an undue risk to aviation security. |
(10) |
Furthermore, certain detailed aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity, standardise the common interpretation of the relevant provisions and further ensure the best implementation of the common basic standards on aviation security. |
(11) |
Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19 of Regulation (EC) No 300/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Implementing Regulation (EU) 2015/1998 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2024.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 97, 9.4.2008, p. 72, ELI: http://data.europa.eu/eli/reg/2008/300/oj
(2) 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).
(3) 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, ELI: http://data.europa.eu/eli/reg/2009/272/oj).
(4) Commission Implementing Regulation (EU) 2023/566 of 10 March 2023 amending Implementing Regulation (EU) 2015/1998 as regards certain detailed measures for the implementation of the common basic standards on aviation security (OJ L 74, 13.3.2023, p. 47, ELI: http://data.europa.eu/eli/reg_impl/2023/566/oj).
ANNEX
The Annex to Implementing Regulation (EU) 2015/1998 is amended as follows:
(1) |
in the list in Attachment 3-B, the following entry is inserted after the entry for Jersey: ‘ Kingdom of Norway, in regard to Svalbard Airport ’; |
(2) |
in the list in Attachment 4-B, the following entry is inserted after the entry for Jersey: ‘ Kingdom of Norway, in regard to Svalbard Airport ’; |
(3) |
in the list in Attachment 5-A, the following entry is inserted after the entry for Jersey: ‘ Kingdom of Norway, in regard to Svalbard Airport ’; |
(4) |
the following points 6.0.5 and 6.0.6 are added:
|
(5) |
point 6.1.4 is replaced by the following:
|
(6) |
in point 6.3.1.1, fourth paragraph, point (d) is replaced by the following:
|
(7) |
point 6.3.1.9 is added:
|
(8) |
point 6.3.2.9 is replaced by the following:
|
(9) |
the following point 6.3.2.10 is added:
|
(10) |
the following point 6.4.1.8 is added:
|
(11) |
in point 6.4.2.1, point (b) is replaced by the following:
|
(12) |
the following point 6.4.2.3 is added:
|
(13) |
point 6.5 is replaced by the following: ‘6.5 APPROVED HAULIERS 6.5.1. Approval of hauliers
6.5.2. Security controls to be applied by an approved haulier
6.5.3. Date of application
|
(14) |
in point 6.6.1.1, the second and third paragraphs are replaced by the following: ‘Where the haulier has been approved by an appropriate authority in accordance with point 6.5, the haulier declaration referred to in the first paragraph, point (c), of this point, may be replaced by verification of the status of the approved haulier in the “Union database on supply chain security”. The first paragraph, point (c), shall apply until 31 December 2026.’; |
(15) |
the following Attachment 6-D is inserted: ‘ ATTACHMENT 6-D DECLARATION OF COMMITMENTS – APPROVED HAULIER In accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council (1) on common rules in the field of civil aviation security and its implementing acts, I declare that,
I accept full responsibility for this declaration. Name: Position in company: Name and registered address of the company: Date: Signature: (1) 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)." (2) 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).’;" |
(16) |
in the list 6-Fi in Attachment 6-F, the following entry is inserted before the entry Montenegro: ‘ Kingdom of Norway, in regard to Svalbard Airport ’; |
(17) |
the following attachments 6-K and 6-L are added: ‘ ATTACHMENT 6-K SECURITY PROGRAMME OF THE APPROVED HAULIER Introduction This template for approved haulier security programme is designed to help you describe and assess your existing security precautions based on the criteria for hauliers set out in point 6.5 of Implementing Regulation (EU) 2015/1998. It is intended to enable you to ensure that you meet the requirements before you are subject to an official verification. 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 haulier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The approved haulier security programme shall be protected from unauthorised access and only used on a company-internal basis, as it contains security-relevant information. All persons entrusted with aviation security tasks must have demonstrable knowledge of the content as well as the ability to apply it. Instructions for completion:
CHAPTER 1 Contact details 1.1 Name, registered address and contact details of the haulier Please indicate the name, full address and contact details (telephone, email address, etc.) of the company headquarters. Please note that your company will be approved under the official company name entered in the commercial register. Small or sole traders are approved as hauliers under their first and last names (as stated in the trade licence). Please indicate the VAT/Chamber of Commerce number/Corporate registration number (as applicable). 1.2 Person responsible for the implementation of the security programme of the approved haulier (security manager) Please indicate name and contact details (telephone, email address, etc.) of the person responsible for the compilation of the security programme, its implementation, and the compliance therewith. 1.3 Self-presentation of the company Please provide detailed information on the specific business activities of your company, in particular:
1.4 Operating sites (to be completed if not identical to 1.1)
CHAPTER 2 Personnel The personnel recruitment procedure and training are carried out in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998, as described below. 2.1 Recruitment Please describe the personnel recruitment procedure in place and how it ensures compliance with points 11.1.8, 11.1.9 and 11.1.10 of the Annex to Implementing Regulation (EU) 2015/1998. Recruitment and training records, including results of any assessment tests, must be kept for at least the duration of the contract. Please describe how your procedures ensure compliance with point 11.1.10 of the Annex to Implementing Regulation (EU) 2015/1998. 2.2 Background check A successful enhanced background check is required for the person responsible for the implementation of the security programme of the approved haulier (security manager), as indicated in point 1.2. A successful background check is required for persons having unescorted access to air cargo and mail to which the required security controls have been applied, as well as for persons implementing protection and any other security controls in respect of that air cargo and mail. Whether an enhanced or a standard background check has to be completed shall be determined by the appropriate authority approving the haulier in accordance with applicable national rules. Please describe the background check procedure for the different categories of personnel and how the procedure ensures that the relevant staff has a valid background check at all times. If a person fails a background check or the background check is withdrawn by the competent authority, the access and entry rights of the person are immediately withdrawn and this person will no longer be deployed for activities that require the successful completion of a background check. Please describe the relevant procedure applicable in such cases. 2.3. Categories of personnel and training The following categories of personnel exist and are subject to the relevant training specifications contained in the following points of the Annex to Implementing Regulation (EU) 2015/1998:
Recurrent training of personnel must be carried out in accordance with point 11.4.3(a) of the Annex to Implementing Regulation (EU) 2015/1998. The personnel includes both the company’s own personnel and personnel from service providers deployed at the operating site. The approved haulier ensures that an up-to-date list of the personnel referred to in this point and the relevant training records are made available to the appropriate authority on request at any time. Please describe the procedure and measures taken to ensure compliance with the requirements of this point at all times. CHAPTER 3 Transport and protection of air cargo and mail When collecting, transporting and delivering air cargo or air mail to which security controls have been applied, the haulier must ensure that it implements the requirements of point 6.5.2.1, 6.5.2.2 and 6.6 of the Annex to the Implementing Regulation (EU) 2015/1998 in its operations. Please describe how the haulier ensures compliance with those legal provisions. Please describe the actions implemented by the haulier where there is any reason to believe that a consignment to which security controls have been applied has been subject to an unlawful interference or has not been protected in accordance with point 6.6 of the Annex to Implementing Regulation (EU) 2015/1998, or both. CHAPTER 4 Limited storage/Transhipment of air cargo and mail In accordance with point 6.0.6 of the Annex to Implementing Regulation (EU) 2015/1998 “limited storage” means the overall time strictly necessary for an approved haulier to perform the transhipment of cargo and mail from one means of transport onto the one used for the subsequent portion of the surface transport of that shipment. During the limited storage the consignment shall be kept protected from unauthorised interference in accordance with points 6.5.2, 6.6.1 and 6.6.2 of the Annex to Implementing Regulation (EU) 2015/1998. Please indicate whether or not the haulier performs limited storage operations. If applicable:
CHAPTER 5 Internal quality assurance conducted by the approved haulier The approved haulier must carry out internal quality assurance regularly, in accordance with national requirements. The approved haulier must indicate the person responsible for aviation security internal quality activities (if different from the person indicated in point 1.2). The approved haulier must ensure that the statutory requirements for the protection of air cargo or air mail to which security controls have been applied are complied with and that the procedures described in the security programme are up to date. To that end, the haulier must draw up an internal quality report. Please list and describe the quality control activities performed, ensuring that they include and cover the following:
The approved haulier shall ensure that the records of aviation security internal quality activities are made available to the appropriate authority on request at any time. CHAPTER 6 Insider threat and security culture To combat and mitigate the threat of internal offenders (insider threat), the approved haulier must lay down appropriate internal regulations and related preventive measures to raise awareness and promote a culture of security. To that end, the haulier implements preventive measures to identify insider threat and radicalization and to counter those threats, as well as systems for the assessment of incidents relevant to aviation security. The measures taken and the assessment systems are being continuously analysed and corrected, in accordance with the following:
CHAPTER 7 Attachments: national requirements Please include any information and policy or regulatory documents established at national level that the approved haulier shall comply with. ATTACHMENT 6-L VALIDATION CHECKLIST FOR APPROVED HAULIERS Completion notes 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. Please note that questions on this checklist are of two types: (1) those where a negative response will automatically mean that you cannot be accepted as an approved haulier and (2) those which will be used to build up a general picture of the security provisions of the haulier to allow the validator to reach an overall conclusion. The areas where a “fail” will automatically be recorded are indicated by the requirements indicated in bold type. If there is a “fail” on the requirements indicated in bold type, the reasons will be given to the haulier, as well as advice on adjustments needed in order to pass. PART 1 Organisation and responsibilities
PART 2 Staff recruitment and training Aim: To ensure that all personnel required to do so have been subject to an appropriate background check as well as trained in accordance with Chapter 11 of the Annex to Implementing Regulation (EU) 2015/1998.
PART 3 Transportation Aim: To protect identifiable air cargo or air mail from unauthorised interference or tampering.
PART 4 Limited storage/Transhipment Aim: To protect identifiable air cargo or air mail from unauthorised interference or tampering during limited storage.
PART 5 Assessment (and notification)
|
(18) |
in point 11.1.5, the second paragraph is replaced by the following: ‘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.’; |
(19) |
in point 12.6.2, the second paragraph is replaced by the following: ‘The standard for ETD equipment for the detection of chemicals, that uses particulate sampling, shall apply as of 1 October 2025 to ETD equipment deployed from 1 September 2014.’. |
(1) 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).
(2) 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).’;’
ELI: http://data.europa.eu/eli/reg_impl/2024/1255/oj
ISSN 1977-0677 (electronic edition)