►B

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)

(OJ L 299 14.11.2015, p. 1)

Official Journal

  No

page

date

 M1

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2426 of 18 December 2015

  L 334

5

22.12.2015

►M2

COMMISSION IMPLEMENTING REGULATION (EU) 2017/815 of 12 May 2017

  L 122

1

13.5.2017

 M3

COMMISSION IMPLEMENTING REGULATION (EU) 2017/837 of 17 May 2017

  L 125

3

18.5.2017

 M4

COMMISSION IMPLEMENTING REGULATION (EU) 2018/55 of 9 January 2018

  L 10

5

13.1.2018

►M5

COMMISSION IMPLEMENTING REGULATION (EU) 2019/103 of 23 January 2019

  L 21

13

24.1.2019

►M6

Amended by: COMMISSION IMPLEMENTING REGULATION (EU) 2020/910 of 30 June 2020

  L 208

43

1.7.2020

►M7

COMMISSION IMPLEMENTING REGULATION (EU) 2019/413 of 14 March 2019

  L 73

98

15.3.2019

►M8

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1583 of 25 September 2019

  L 246

15

26.9.2019

►M9

Amended by: COMMISSION IMPLEMENTING REGULATION (EU) 2020/910 of 30 June 2020

  L 208

43

1.7.2020

►M10

COMMISSION IMPLEMENTING REGULATION (EU) 2020/111 of 13 January 2020

  L 21

1

27.1.2020

►M11

COMMISSION IMPLEMENTING REGULATION (EU) 2020/910 of 30 June 2020

  L 208

43

1.7.2020

►M12

COMMISSION IMPLEMENTING REGULATION (EU) 2021/255 of 18 February 2021

  L 58

23

19.2.2021

►M13

COMMISSION IMPLEMENTING REGULATION (EU) 2022/421 of 14 March 2022

  L 87

1

15.3.2022

 M14

COMMISSION IMPLEMENTING REGULATION (EU) 2022/463 of 22 March 2022

  L 94

3

23.3.2022

►M15

COMMISSION IMPLEMENTING REGULATION (EU) 2022/1174 of 7 July 2022

  L 183

35

8.7.2022

1.0.1

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

1.0.2

For the purposes of this Chapter, an aircraft, bus, baggage cart or other means of transport, or a walkway or jetway, shall be regarded as a part of an airport.

For the purposes of this Chapter, ‘secured baggage’ means screened departing hold baggage that is physically protected so as to prevent the introduction of any objects.

1.0.3

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

1.0.4

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

1.0.5

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

1.0.6.

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

1.1.1.1

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

1.1.1.2

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

1.1.2.1

Security restricted areas shall include at least the following:

1.1.2.2

A part of an airport shall be regarded as a security restricted area at least for the period of time that the activities referred to in point 1.1.2.1 are taking place.

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

▼M15

Persons carrying out a security search in areas different than those used by disembarking passengers not screened to the common basic standards, must be trained in accordance with point 11.2.3.1, 11.2.3.2, 11.2.3.3, 11.2.3.4 or 11.2.3.5.

▼B

1.1.2.3

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

1.1.3.1

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

1.1.3.2

Critical parts shall include at least the following:

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

1.1.3.3

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

1.1.3.4

A security search of those critical parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that they do not contain prohibited articles, wherever access to critical parts has occurred by any of the following:

This point shall be considered to be met for aircrafts that are subject to an aircraft security search, and it shall not apply when persons covered by point 1.3.2 and point 4.1.1.7 have had access to critical parts.

As far as points (b) and (c) are concerned, this provision shall only apply to those critical parts that are used by screened hold baggage and/or screened departing passengers not departing on the same aircraft as these passengers and crew members.

1.2.1.1

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

1.2.1.2

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

1.2.1.3

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

1.2.1.4

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

1.2.2.1

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

1.2.2.2

In order to be granted access to security restricted areas a person shall present one of the following authorisations:

Alternatively, access may also be granted after positive identification via biometric data verification.

1.2.2.3

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

1.2.2.4

The boarding card or equivalent referred to in point 1.2.2.2(a) shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid.

The card referred to in points 1.2.2.2(b)-(e), respectively, shall be checked before a person is granted access to security restricted areas in order to reasonably ensure that it is valid and corresponds to the holder.

Where biometric identification is used, the verification shall ensure that the person seeking access to security restricted areas holds one of the authorisations listed under point 1.2.2.2 and that this authorisation is valid and was not disabled.

1.2.2.5

In order to prevent unauthorised access to security restricted areas access points shall be controlled by:

The appropriate authority may define in its national aviation security programme that the limitation to one person at a time under point (a) does not apply at access points exclusively used by law enforcement officers.

1.2.2.6

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

1.2.2.7

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

1.2.3.1

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

1.2.3.2

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

1.2.3.3

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

1.2.3.4

The identification card shall be worn in a visible place at least whenever the holder is in security restricted areas.

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

1.2.3.5

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

1.2.3.6

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

1.2.3.7

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

1.2.4.1

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

1.2.5.1

An airport identification card shall display:

The names and areas of access may be replaced by an equivalent identification.

1.2.5.2

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

1.2.6.1

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

1.2.6.2

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

▼M2 —————

1.2.6.3

An electronic vehicle pass shall, either:

▼M5

▼M2

Electronic vehicle passes need not display the areas for which the vehicle is authorised to have access nor the expiry date, provided that this information is electronically readable and checked before granting access to security restricted areas. ►M5  Electronic vehicle passes shall also be electronically readable airside. ◄

1.2.6.4

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

1.2.6.5

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

1.2.6.6

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

1.2.6.7

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

1.2.6.8

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

1.2.6.9

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

1.2.7.1

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

1.2.7.2

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

1.2.7.3

An escort shall:

1.2.7.4

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

1.2.7.5

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

1.3.1.1

Persons other than passengers shall be screened by one of the following means:

▼M5

▼M5

SMD and SED equipment may only be used as a supplementary means of screening.

▼B

1.3.1.2

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

1.3.1.3

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

1.3.1.4

Items carried by persons other than passengers shall be screened by one of the following means:

1.3.1.5

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

1.3.1.6

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

1.3.1.7

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

1.3.1.8

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

1.3.1.9

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

1.3.2.1

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

1.3.2.2

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

1.3.2.3

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

1.4.1.1

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

1.4.1.2

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

1.4.1.3

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

1.4.1.4

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

1.4.2.1

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

1.4.2.2

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

1.4.2.3

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

1.4.3.1

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

1.4.3.2

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

1.4.3.3

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

1.4.4.1

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

1.4.4.2

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

1.4.4.3

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

1.5.1

Surveillance or patrols shall be undertaken in order to monitor:

1.5.2

The frequency and means of undertaking surveillance and patrols shall be based on a risk assessment and shall be approved by the appropriate authority. They shall take into account:

The parts of the risk assessment relating to the frequency and means of undertaking surveillance and patrols shall, upon request, be made available in writing for compliance monitoring purposes.

1.5.3

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

1.5.4

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

1.5.5

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

1.6.1

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

1.6.2

An exemption to point 1.6.1 may be granted on condition that the person is authorised to carry prohibited articles into security restricted areas in order to undertake tasks that are essential for the operation of airport facilities or of aircraft, or for performing in-flight duties.

1.6.3

In order to allow reconciliation of the person authorised to carry one or more articles as listed in Attachment 1-A with the article carried:

1.6.4

Reconciliation shall be performed before the person is allowed to carry the article(s) concerned into security restricted areas and upon being challenged by persons performing surveillance or patrols under point (c) of point 1.5.1.

1.6.5

Articles as listed in Attachment 1-A may be stored in security restricted areas provided they are kept in secure conditions. Articles as listed in points (c), (d) and (e) of Attachment 4-C may be stored in security restricted areas provided they are not accessible to passengers.

1.7.1

The appropriate authority shall ensure that airport operators, air carriers and entities as defined in the national civil aviation security programme identify and protect their critical information and communications technology systems and data from cyber-attacks which could affect the security of civil aviation.

1.7.2

Airport operators, air carriers and entities shall identify in their security programme, or any relevant document cross-referenced in the security programme, the critical information and communications technology systems and data described in 1.7.1.

The security programme, or any relevant document cross-referenced in the security programme shall detail the measures to ensure the protection from, detection of, response to and recovery from cyber-attacks, as described in 1.7.1.

1.7.3

The detailed measures to protect such systems and data from unlawful interference shall be identified, developed and implemented in accordance with a risk assessment carried out by the airport operator, air carrier or entity as appropriate.

1.7.4

Where a specific authority or agency is competent for measures related to cyber threats within a single Member State, this authority or agency may be designated as competent for the coordination and/or monitoring of the cyber-related provisions in this Regulation.

1.7.5

Where airport operators, air carriers and entities as defined in the national civil aviation security programme are subjected to separate cybersecurity requirements arising from other EU or national legislation, the appropriate authority may replace compliance with the requirements of this regulation by compliance with the elements contained in the other EU or national legislation. The appropriate authority shall coordinate with any other relevant competent authorities to ensure coordinated or compatible oversight regimes.

3.0.1

Unless otherwise stated, an air carrier shall ensure the implementation of the measures set out in this Chapter as regards its aircraft.

3.0.2

Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards aircraft security are listed in Attachment 3-B.

3.0.3

An aircraft need not be subjected to an aircraft security check. It shall be subjected to an aircraft security search in accordance with point 3.1.

3.0.4

An air carrier shall, upon request, be notified by the airport operator whether or not its aircraft is in a critical part. When this is not clear, it shall be assumed that the aircraft is in a part other than a critical part.

3.0.5

When an area is no longer considered to be a critical part because of a change of security status then the airport shall inform those carriers that are affected.

3.0.6

The list of prohibited articles for aircraft security searches of the interior of aircraft is the same as the one set out in Attachment 1-A. Assembled explosive and incendiary devices shall be considered as prohibited articles for aircraft security searches of the exterior of aircraft.

3.0.7

For the purpose of this Chapter, ‘aircraft service panels and hatches’ means aircraft external access points and compartments that have external handles or external clip-down panels and are routinely used for providing aircraft ground handling services.

3.0.8

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

3.1.1.1

An aircraft shall at all times be subjected to an aircraft security search whenever there is reason to believe that unauthorised persons may have had access to it.

3.1.1.2

An aircraft security search shall consist of an examination of defined areas of an aircraft that are laid down in Commission Implementing Decision C(2015) 8005.

3.1.1.3

An aircraft arriving into a critical part from a third country not listed in Attachment 3-B shall be subjected to an aircraft security search any time after passenger disembarkation from the area to be searched and/or the unloading of the hold. ►M15  The search may not start until the aircraft has reached its final parking position. ◄

3.1.1.4

An aircraft arriving from a Member State where it was in transit after having arrived from a third country not listed in Attachment 3-B shall be considered as an aircraft arriving from a third country.

3.1.1.5

When to perform an aircraft security search shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

3.2.1.1

Regardless of where an aircraft is parked at an airport, each of its external doors shall be protected against unauthorised access by:

3.2.1.2

Point 3.2.1.1 shall not apply to an aircraft parked in a hangar that is locked or otherwise protected from unauthorised access.

3.2.2.1

Where external doors are closed and the aircraft is in a part other than a critical part, each external door shall also:

Point (a) shall not apply for a door that is accessible from the ground by a person.

3.2.2.2

Where access aids are removed for doors that are not accessible by a person from the ground, they shall be placed sufficiently far from the aircraft as to reasonably prevent access.

3.2.2.3

Where external doors are locked, only persons with an operational need shall be able to unlock these doors.

3.2.2.4

Where external doors are monitored, the monitoring shall ensure that unauthorised access to the aircraft is immediately detected.

3.2.2.5

The protection of aircraft with closed external doors in a part other than a critical part shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.0.1

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.

4.0.2

Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards passengers and cabin baggage are listed in Attachment 4-B.

4.0.3

Passengers and their cabin baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 4-B or from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009, shall be considered as passengers and cabin baggage arriving from a third country, unless there is a confirmation that these passengers and their cabin baggage were screened in accordance with this Chapter.

4.0.4

For the purpose of this Annex:

4.0.5

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

4.0.6

Passengers and their cabin baggage arriving from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as passengers and cabin baggage arriving from a third country, unless there is confirmation that these passengers and their cabin baggage were screened in accordance with this Chapter.

4.1.1.1

Before screening, coats and jackets shall be taken off and shall be screened as cabin baggage. The screener may request the passenger to undertake further divesting as appropriate.

4.1.1.2

Passengers shall be screened by at least one of the following methods:

▼M5

▼M5

▼B

Where the screener cannot determine whether or not the passenger is carrying prohibited articles, the passenger shall be denied access to security restricted areas or rescreened to the screener's satisfaction.

4.1.1.3

When a hand search is performed it shall be carried out so as to reasonably ensure that the person is not carrying prohibited articles.

4.1.1.4

When WTMD equipment alarms, the cause of the alarm shall be resolved.

4.1.1.5

Hand-held metal detection (HHMD) equipment may only be used as a supplementary means of screening. It shall not replace the requirements of a hand search.

4.1.1.6

Where a live animal is permitted to be carried in the cabin of an aircraft, it shall be screened either as a passenger or as cabin baggage.

4.1.1.7

The appropriate authority may create categories of passengers that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.1.8

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

4.1.1.9

Explosive detection dogs, ETD equipment, SMD equipment and SED equipment may only be used as a supplementary means of screening.

4.1.1.10

When a security scanner with a human reviewer, as defined under the second paragraph of point 12.11.1, is used for screening of passengers, all of the following minimum conditions shall be complied with:

Paragraphs (a) and (d) shall also apply to security scanners with automatic threat detection.

Passengers shall be entitled to opt out from a security scanner. In this case the passenger shall be screened by an alternative screening method including at least a hand search in accordance with Attachment 4-A of Commission Implementing Decision C(2015) 8005. When the security scanner alarms, the cause of the alarm shall be resolved.

Before being screened by a security scanner, the passenger shall be informed of the technology used, the conditions associated to its use and the possibility to opt out from a security scanner.

4.1.1.11

Explosive trace detection (ETD) equipment in combination with hand held metal detection (HHMD) equipment may only be used in cases where the screener considers a hand search of a given part of the person to be inefficient and/or undesirable.

4.1.2.1

Before screening, portable computers and other large electrical items shall be removed from cabin baggage and shall be screened separately, unless the cabin baggage is to be screened with Explosive Detection Systems (EDS) equipment meeting standard C2 or higher.

4.1.2.2

The appropriate entity at all airports shall screen, upon entry to the security restricted area (SRA), at least LAGs obtained at an airport or on board an aircraft that are sealed in a STEB inside which is displayed satisfactory proof of purchase at airside at an airport or on board an aircraft, as well as LAGs to be used during the trip for medical purposes or a special dietary requirement, including baby food.

Before screening, LAGs shall be removed from cabin baggage and shall be screened separately from other items of cabin baggage, unless the equipment used for the screening of cabin baggage is also capable of screening multiple closed LAGs containers inside baggage.

Where LAGs have been removed from cabin baggage, the passenger shall present:

Appropriate authorities, airlines and airports shall provide appropriate information to passengers in respect of the screening of LAGs at their airports.

4.1.2.3

Cabin baggage shall be screened by at least one of the following methods:

Where the screener cannot determine whether or not the cabin baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

4.1.2.4

A hand search of cabin baggage shall consist of a manual check of the baggage, including its contents, as to reasonably ensure that it does not contain prohibited articles.

4.1.2.5

Where x-ray or EDS equipment is used, each image shall be viewed by the screener or analysed by auto clear software (ACS).

4.1.2.6

Where x-ray or EDS equipment is used, all alarms shall be resolved to the satisfaction of the screener so as to reasonably ensure that no prohibited articles are carried into the SRA or on board an aircraft.

4.1.2.7

Where x-ray or EDS equipment is used, any item whose density impairs the ability of the screener to analyse the contents of the cabin baggage shall be taken out of the baggage. The bag shall be screened again and the item shall be screened separately as cabin baggage.

4.1.2.8

Any bag that is found to contain a large electrical item shall be screened again with the item no longer in the bag and the electrical item screened separately, unless the cabin baggage was screened with EDS equipment meeting standard C2 or higher.

4.1.2.9

Explosive detection dogs and explosive trace detection (ETD) equipment may only be used as a supplementary means of screening.

4.1.2.10

The appropriate authority may create categories of cabin baggage that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.2.11

Persons screening cabin baggage by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

There shall be a supervisor responsible for screeners of cabin baggage in order to assure optimum team composition, quality of work, training, support and appraisal.

4.1.2.12

The screening of cabin baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

4.1.3.1

LAGs carried by passengers may be exempted from screening with LEDS equipment upon entry to the SRA if the LAGs are in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent resealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed.

4.1.3.3

The appropriate authority may create categories of LAGs that, for objective reasons, shall be subjected to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

4.1.3.4

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

4.3.1

An air carrier shall be notified in writing in advance by the competent authority of the plan to embark a potentially disruptive passenger on board its aircraft.

4.3.2

The notification shall contain the following details:

The air carrier shall make this information available to the pilot in command prior to passengers boarding the aircraft.

4.3.3

The competent authority shall ensure that persons in lawful custody are always escorted.

4.4.1

Passengers shall not be permitted to carry into security restricted areas or on board an aircraft the articles listed in Attachment 4-C.

4.4.2

An exemption to point 4.4.1 may be granted on condition that:

These articles shall then be placed in secure conditions on board aircraft.

4.4.3

The air carrier shall ensure that passengers are informed of the prohibited articles listed in Attachment 4-C before check-in is completed.

(a)

—

devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:

(b)

—

devices designed specifically to stun or immobilise, including:

(c)

—

objects with a sharp point or sharp edge capable of being used to cause serious injury, including:

(d)

—

tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:

(e)

—

objects capable of being used to cause serious injury when used to hit, including:

(f)

—

explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:

5.0.1

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.

5.0.2

Third countries where the security standards applied are recognised as equivalent to the common basic standards as regards hold baggage are listed in Attachment 5-A.

5.0.3

Hold baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 5-A or from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as hold baggage arriving from a third country, unless there is a confirmation that the hold baggage was screened in accordance with this Chapter.

5.0.4

For the purpose of this Chapter, ‘secured baggage’ means screened departing hold baggage that is physically protected so as to prevent the introduction of any objects.

5.0.5

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

5.0.6

Hold baggage arriving from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as hold baggage arriving from a third country, unless there is a confirmation that the hold baggage was screened in accordance with this Chapter.

5.1.1

The following methods, either individually or in combination, shall be used to screen hold baggage:

Where the screener cannot determine whether or not the hold baggage contains any prohibited articles, it shall be rejected or rescreened to the screener's satisfaction.

5.1.2

A hand search shall consist of a thorough manual check of the baggage, including all its contents, so as to reasonably ensure that it does not contain prohibited articles.

5.1.3

Where x-ray or EDS equipment is used, any item whose density impairs the ability of the screener to analyse the contents of the baggage shall result in it being subject to another means of screening.

5.1.4

Screening by explosive trace detection (ETD) equipment shall consist of the analysis of samples taken from both the inside and the outside of the baggage and from its contents. The contents may also be subjected to a hand search.

5.1.5

The appropriate authority may create categories of hold baggage that, for objective reasons, shall be subject to special screening procedures or may be exempted from screening. The Commission shall be informed of the categories created.

5.1.6

The screening of hold baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

5.1.7

Persons screening hold baggage by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

There shall be a supervisor responsible for screeners of hold baggage in order to assure optimum team composition, quality of work, training, support and appraisal.

5.2.1

Passengers may not be allowed access to screened hold baggage, unless it is their own baggage and they are supervised to ensure that:

5.2.2

Hold baggage that has not been protected from unauthorised interference shall be rescreened.

5.2.3

The protection of hold baggage shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

5.3.1.1

An air carrier shall, during the boarding process, ensure that a passenger presents a valid boarding card or equivalent corresponding to the hold baggage that was checked in.

5.3.1.2

An air carrier shall ensure that there is a procedure in place to identify hold baggage of passengers who did not board or left the aircraft before departure.

5.3.1.3

If the passenger is not on board the aircraft, the hold baggage corresponding to his boarding card or equivalent shall be considered as unaccompanied.

5.3.1.4

An air carrier shall ensure that each item of unaccompanied hold baggage is clearly identifiable as authorised for transport by air.

5.3.2.1

The reason that the baggage became unaccompanied shall be recorded before it is loaded onto an aircraft, unless the security controls as referred to in point 5.3.3 are applied.

5.3.2.2

Additional detailed provisions on the factors beyond the passenger's control are laid down in Commission Implementing Decision C(2015) 8005.

5.3.3.1

Unaccompanied hold baggage not covered by point 5.3.2 shall be screened by one of the methods laid down in point 5.1.1 and, where applicable, applying additional requirements laid down in Commission Implementing Decision C(2015) 8005.

5.3.3.2

Hold baggage that becomes unaccompanied baggage due to factors other than those referred to in point 5.3.2.2 shall be removed from the aircraft and rescreened before loading it again.

5.3.3.3

Additional detailed provisions for appropriate security controls for unaccompanied hold baggage are laid down in Commission Implementing Decision C(2015) 8005.

5.4.1

Passengers shall not be permitted to carry in their hold baggage the articles listed in Attachment 5-B.

5.4.2

An exemption to point 5.4.1 may be granted on condition that:

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An air carrier shall ensure that the carriage of firearms in hold baggage is allowed only after an authorised and duly qualified person has determined that they are not loaded. Such firearms shall be stowed in a place not accessible to any person during the flight.

5.4.3

The air carrier shall ensure that passengers are informed of the prohibited articles listed in Attachment 5-B at any time before the check-in is completed.

6.0.1

The authority, airport operator, air carrier or entity as defined in this Chapter shall ensure the implementation of the measures set out in this Chapter.

6.0.2

Assembled explosive and incendiary devices that are not carried in accordance with the applicable safety rules shall be considered as prohibited articles in consignments of cargo and mail.

6.0.3

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

6.0.4

For the purposes of this Annex, ‘Pre-Loading Advance Cargo Information’ or ‘PLACI’ means the process of first risk analysis for aviation security purposes of goods to be brought into the customs territory of the Union ( 4 ) by air.

6.1.1

All cargo and mail shall be screened by a regulated agent before being loaded on to an aircraft, unless:

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▼B

6.1.2

Where there is any reason to believe that a consignment to which security controls have been applied has been tampered with or has not been protected from unauthorised interference from the time that those controls were applied, it shall be screened by a regulated agent before being loaded on to an aircraft. Consignments which appear to have been significantly tampered with or which are otherwise suspect shall be treated as high risk cargo or mail (HRCM) in accordance with point 6.7.

6.1.3

A regulated agent who rejects a consignment due to high-risk reasons shall ensure that the consignment and the accompanying documentation are marked as high risk cargo and mail before the consignment is returned to the person representing the entity delivering it. Such consignment shall not be loaded on to an aircraft unless it is treated by another regulated agent in accordance with point 6.7.

6.1.4

Access into the security restricted areas of cargo and mail may only be granted after having established to which of the following categories the entity transporting the consignment from landside belongs:

6.1.5

Where point 6.1.4(c) applies, a copy of the signed declaration as contained in Attachment 6-E shall be made available to the regulated agent, air carrier or airport operator granting access into the security restricted areas, unless either of the following applies:

The presentation by the haulier of a copy of the signed declaration in Attachment 6-E may be replaced by an equivalent mechanism of prior notification to the access point, ensured either by the off-airport known consignor or regulated agent on whose behalf the transport is performed, or by the receiving regulated agent or air carrier in the security restricted areas.

6.1.6

Cargo or mail consignments to which security controls have not been previously applied may be allowed into the security restricted areas, provided they are subject to the implementation of one of the following options:

Upon delivery, such consignments shall be kept protected from unauthorised interference, until they are subjected to screening.

The personnel escorting such consignments or protecting them from unauthorised interference, shall have been recruited in accordance with point 11.1.1, and trained in accordance with at least point 11.2.3.9.

6.2.1.1

When screening cargo or mail:

6.2.1.2

Where the screener cannot be reasonably sure that no prohibited articles are contained in the consignment, the consignment shall be rejected or be rescreened to the screener's satisfaction.

6.2.1.3

The screening of cargo and mail shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

6.2.1.4

Persons screening cargo by x-ray or EDS equipment shall normally not spend more than 20 minutes continuously reviewing images. After each of these periods, the screener shall not review images for at least 10 minutes. This requirement shall only apply when there is an uninterrupted flow of images to be reviewed.

6.2.1.5

Cargo and mail shall be screened by at least one of the following methods in accordance with Attachment 6-J:

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▼B

6.2.1.6

If agreed by the appropriate authority and notified to the Commission, other appropriate security controls may be applied only where it is not possible to apply any of the other means or methods specified in point 6.2.1.5 owing to the nature of the consignment.

6.3.1.1

Regulated agents shall be approved by the appropriate authority.

The approval as a regulated agent shall be site specific.

Any entity that applies security controls as referred to in point 6.3.2 shall be approved as a regulated agent. This includes third party logistics providers responsible for integrated warehousing and transportation services, air carriers and handling agents.

A regulated agent may subcontract one or more of the following:

6.3.1.2

The following procedure shall apply for the approval of regulated agents:

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▼B

6.3.1.3

A regulated agent shall designate at least one person at each site who shall be responsible for the implementation of the submitted security programme. This person shall have successfully completed a background check in accordance with point 11.1.

6.3.1.4

A regulated agent 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 agent still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.

An inspection at the premises of the regulated agent 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 necessary for approval.

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Except for the screening requirements laid down in point 6.2, an examination of the site of the regulated agent by the relevant customs authority carried out in accordance with Article 29 of Implementing Regulation (EU) 2015/2447 shall be considered as an on-site verification.

6.3.1.5

Where the appropriate authority is no longer satisfied that the regulated agent complies with the requirements of Regulation (EC) No 300/2008, it shall withdraw the status of regulated agent for the specified site or sites.

Immediately after withdrawal, and in all cases within 24 hours of withdrawal, the appropriate authority shall ensure that the former regulated agent’s change of status is indicated in the ‘Union database on supply chain security’.

Where the regulated agent is no longer a holder of an AEO authorisation referred to in (b) of Article 38(2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 6 ) and in Article 33 of Implementing Regulation (EU) 2015/2447 or where its AEO authorisation is suspended due to non-compliance with point (e) of Article 39 of Regulation (EU) No 952/2013 and Article 28 of Implementing Regulation (EU) 2015/2447, the appropriate authority shall take appropriate action to ensure compliance of the regulated agent with the requirements of Regulation (EC) No 300/2008.

The regulated agent shall inform the appropriate authority of any changes related to its AEO authorisation referred to in point (b) of Article 38(2) of Regulation (EU) No 952/2013 and in Article 33 of Regulation (EU) 2015/2447.

6.3.1.6

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 agent approved in accordance with point 6.3 of this Annex shall be recognised in all Member States.

6.3.1.7

The requirements of point 6.3.1, other than 6.3.1.2(d), shall not apply when the appropriate authority itself is to be approved as a regulated agent.

6.3.1.8

The appropriate authority shall make available to the customs authority any information related to the status of a regulated agent which could be relevant to the holding an AEO authorisation referred to in point (b) of Article 38(2) of Regulation (EU) No 952/2013 and in Article 33 of Implementing Regulation (EU) 2015/2447. That information shall include the information related to new approvals of regulated agents, withdrawal of the regulated agent status, revalidation and inspections, verification schedules and outcomes of those assessments.

The modalities for that exchange of information shall be established between the appropriate authority and the national customs authorities.

6.3.2.1

When accepting any consignments, a regulated agent shall establish whether the entity from which it receives the consignments is a regulated agent or a known consignor or neither of those.

6.3.2.2

The regulated agent or air carrier shall ask the person delivering any consignments to present an identity card, passport, driving licence or other document, which includes his or her photograph and which has been issued or is recognised by the national authority. The card or document shall be used to establish the identity of the person delivering the consignments.

6.3.2.3

The regulated agent shall ensure that consignments to which not all required security controls have previously been applied are:

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▼B

Point (b) may only be applied if it is unpredictable for the consignor that the consignment is to be transported by air.

6.3.2.4

After the security controls referred to in points from 6.3.2.1 to 6.3.2.3 of this Annex and point 6.3 of the Annex to Commission Implementing Decision C(2015) 8005 have been applied, the regulated agent shall ensure the protection of cargo and mail in accordance with point 6.6.

6.3.2.5

After the security controls referred to in points 6.3.2.1 to 6.3.2.4 have been applied, the regulated agent shall ensure that any consignment tendered to an air carrier or another regulated agent is accompanied by appropriate documentation, either in the form of an air waybill or in a separate declaration and either in an electronic format or in writing.

6.3.2.6

The documentation referred to in point 6.3.2.5 shall be available for inspection by the appropriate authority at any point before the consignment is loaded on to an aircraft and afterwards for the duration of the flight or for 24 hours, whichever is the longer and shall provide all of the following information:

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▼B

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▼B

A regulated agent tendering consignments to another regulated agent or air carrier may also decide to only transmit the information required under points (a) to (e) and (g) and to retain the information required under point (f) for the duration of the flight(s) or for 24 hours, whichever is the longer.

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Transfer cargo or mail for which the air carrier, or the regulated agent operating on its behalf, is unable to confirm in the accompanying documentation the information required by this point, or by point 6.3.2.7 as applicable, shall be subject to screening before being loaded on board an aircraft for the subsequent flight.

▼B

6.3.2.7

In the case of consolidations, the requirements of points 6.3.2.5 and 6.3.2.6 shall be considered as met if:

Point (a) shall not be required for consolidations that are always subject to screening or exempted from screening in line with points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005 if the regulated agent gives the consolidation a unique identifier and indicates the security status and a single reason why this security status was issued.

6.3.2.8

When accepting consignments to which not all required security controls have previously been applied, the regulated agent may also elect not to apply the security controls as referred to in point 6.3.2, but to hand the consignments over to another regulated agent to ensure the application of these security controls.

6.3.2.9

►M15  A regulated agent shall ensure that all staff are recruited in accordance with the requirements of Chapter 11 and appropriately trained in accordance with the relevant job specifications. For the purposes of training, staff with unsupervised access to identifiable air cargo or identifiable air mail to which the required security controls have been applied shall be considered as staff implementing security controls. Persons previously trained in accordance with point 11.2.7 shall have their competences upgraded to those referred to in point 11.2.3.9 by 1 January 2023 at the latest. ◄

Security controls to be applied by a regulated agent shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

6.4.1.1

Known consignors shall be approved by the appropriate authority.

The approval as a known consignor shall be site specific.

6.4.1.2

The following procedure shall apply for the approval of known consignors:

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▼M12

▼B

6.4.1.3

A known consignor shall designate at least one person at each site who shall be responsible for the application and supervision of the implementation of security controls at that site. This person shall have successfully completed a background check in accordance with point 11.1.

6.4.1.4

A known consignor shall be re-validated at regular intervals not exceeding 5 years. This shall include an on-site verification in order to assess whether the known consignor still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts.

An inspection at the premises of the known consignor 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 areas specified in the checklist of Attachment 6-C.

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An examination of the site of the known consignor by the relevant customs authority in accordance with Article 29 of Implementing Regulation (EU) 2015/2447 shall be considered as an on-site verification.

6.4.1.5

Where the appropriate authority is no longer satisfied that the known consignor complies with the requirements of Regulation (EC) No 300/2008, it shall withdraw the status of known consignor for the specified site(s).

Immediately after withdrawal, and in all cases within 24 hours of withdrawal, the appropriate authority shall ensure that the known consignor’s change of status is indicated in the ‘Union database on supply chain security’.

Where the known consignor is no longer a holder of an AEO authorisation referred to in point (b) of Article 38(2) of Regulation (EU) No 952/2013 and in Article 33 of Implementing Regulation (EU) 2015/2447 or where its AEO authorisation is suspended due to non-compliance with point (e) of Article 39 of Regulation (EU) No 952/2013 and Article 28 of Implementing Regulation (EU) 2015/2447, the appropriate authority shall take appropriate action to ensure compliance of the known consignor with the requirements of Regulation (EC) No 300/2008.

The known consignor shall inform the appropriate authority of any changes related to its AEO authorisation referred to in point (b) of Article 38(2) of Regulation (EU) No 952/2013 and in Article 33 of Implementing Regulation (EU) 2015/2447.

6.4.1.6

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 known consignor approved in accordance with point 6.4 of this Annex shall be recognised in all Member States.

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6.4.1.7

The appropriate authority shall make available to the customs authority any information related to the status of a known consignor which could be relevant to the holding an AEO authorisation referred to in point (b) of Article 38(2) of Regulation (EU) No 952/2013 and in Article 33 of Implementing Regulation (EU) 2015/2447. That information shall include the information related to new approvals of known consignors, withdrawal of the known consignor status, revalidation and inspections, verification schedules and outcomes of those assessments.

The modalities for that exchange of information shall be established between the appropriate authority and the national customs authorities.

6.4.2.1

A known consignor shall ensure that:

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▼B

When, for whatever reason, these security controls have not been applied to a consignment, or where the consignment has not been originated by the known consignor for its own account, the known consignor shall clearly identify this to the regulated agent so that point 6.3.2.3 can be applied.

6.4.2.2

The known consignor shall accept that consignments to which the appropriate security controls have not been applied are screened in accordance with point 6.2.1.

6.6.1.1

In order to ensure that consignments to which the required security controls have been applied are protected from unauthorised interference during transportation, all the following requirements shall apply:

As an alternative to point (c) of the first paragraph, the haulier may provide evidence to the regulated agent or known consignor for whom it provides transport that it has been certified or approved by an appropriate authority.

This evidence shall include the requirements contained in Attachment 6-E and copies shall be retained by the regulated agent or known consignor concerned. On request, a copy shall also be made available to the regulated agent or air carrier receiving the consignment or to another appropriate authority.

6.6.1.2

Point 6.6.1.1(b) and (c) shall not apply during airside transportation.

6.6.1.3

The haulier shall ensure that staff collecting, carrying, storing and delivering air cargo and mail to which security controls have been applied undergoes at least the following:

6.6.1.4

Any of the haulier’s staff granted unsupervised access to cargo and mail while performing any of the functions referred to in point 6.6.1.3, or while implementing any of the security controls set out in this Chapter shall:

6.6.1.5

Where a haulier uses the services of another company to perform one or more of the functions referred to in point 6.6.1.3, such other company shall fulfil the following conditions:

The subcontracting haulier retains full responsibility for the entire transport on behalf of the agent or consignor.

6.6.2.1

Consignments of cargo and mail that are in a critical part shall be considered as protected from unauthorised interference.

6.6.2.2

Consignments of cargo and mail in a part other than a critical part of a security restricted area shall be protected from unauthorised interference until they are handed over to another regulated agent or air carrier. Consignments shall be located in the access-controlled parts of a regulated agent's premises or, whenever located outside of such parts, shall be considered as protected from unauthorised interference if:

6.8.1.1

Any air carrier carrying cargo or mail from an airport in a third country not listed in Attachments 6-Fi or 6-Fii for transfer, transit or unloading at any airport falling within the scope of Regulation (EC) No 300/2008 shall be designated as an ‘Air Cargo or Mail Carrier operating into the Union from a Third Country Airport’ (ACC3) by one of the following authorities as appropriate:

6.8.1.2

The designation of an air carrier as ACC3 in respect of its cargo and mail operations from an airport for which ACC3 designation is required (hereafter, the ‘relevant cargo operations’) shall be based on:

6.8.1.3

The appropriate authority shall allocate to the designated ACC3 a unique alphanumeric identifier in the standard format identifying the air carrier and the third country airport for which the air carrier has been designated to carry cargo or mail into the Union.

6.8.1.4

The designation shall be valid from the date the appropriate authority has entered the ACC3's details into the Union database on supply chain security, for a maximum period of five years.

6.8.1.5

An ACC3 listed on the Union database on supply chain security shall be recognised in all Member States for all operations from the third country airport into the Union.

6.8.1.6

Following the notification by the United Kingdom of Great Britain and Northern Ireland of its intention to withdraw from the European Union pursuing Article 50 of the TEU, the ACC3 designations issued by this Member State are subject to the following provisions:

6.8.1.7

►M12  During the period from 1 April 2020 to 30 June 2021, the appropriate authority may derogate from the process established in point 6.8.2 and temporarily designate an air carrier as ACC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the air carrier. The designation shall be subject to the following conditions: ◄

6.8.1.8

Where applicable, the appropriate authority may agree with the relevant air carrier the postponement of the annual EU aviation security validations referred to in point 6.8.2.2 (2) (d), by adding them to the number of airports to be validated during the next year of the air carrier’s roadmap.

6.8.1.9

Within the temporary designation period referred to in point 6.8.1.7, the appropriate authority shall perform at the Member State’s airport or airports of arrival from the ACC3 location, at least three compliance monitoring activities in respect of the security controls applied by the ACC3 and the RA3 and KC3 parts of its supply chain. In the absence of direct flights operated by the ACC3 into the designating Member State, the performance of compliance monitoring activities shall be coordinated with another Member State where the ACC3 operates into.

6.8.2.1

The EU aviation security validation in respect of an air carrier's relevant cargo operations shall consist of:

6.8.2.2

The EU aviation security validation's verification of the implementation shall be on-site, to one of the following degrees:

6.8.2.3

The appropriate authority may accept the EU aviation security validation report of a third country entity, or of another ACC3, for ACC3 designation in cases where that entity or ACC3 carries out the entire cargo operation, including loading into the hold of the aircraft, on behalf of the applicant ACC3 and the EU aviation security validation report covers all these activities.

6.8.2.4

The EU aviation security validation shall be recorded in a validation report consisting at least of the declaration of commitments as set out in Attachment 6-H1, the checklist set out in Attachment 6-C3 and a declaration by the EU aviation security validator as set out in Attachment 11-A. The EU aviation security validator shall submit the validation report to the appropriate authority and provide the validated air carrier with a copy.

6.8.3.1

The ACC3 shall ensure that all cargo and mail carried for transfer, transit or unloading at a Union airport is screened, unless:

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▼M2

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6.8.3.2

Cargo and mail carried into the Union shall be screened by one of the means and methods listed in point 6.2.1 to a standard sufficient to reasonably ensure that it contains no prohibited articles.

6.8.3.3

The ACC3 shall ensure in respect of:

6.8.3.4

When tendering consignments to which it has applied the required security controls to another ACC3 or RA3, the ACC3, RA3, or KC3 shall indicate in the accompanying documentation the unique alphanumeric identifier received from the designating appropriate authority.

6.8.3.5

When accepting any consignments, an ACC3 or RA3 shall establish whether the air carrier or the entity from which it receives the consignments is another ACC3, RA3, or KC3 by the following means of:

If there is no indication on the accompanying documentation of the identifier, or if the air carrier or entity delivering the consignments is not listed as active in the Union database on supply chain security, it shall be deemed that no security controls have previously been applied, and the consignments shall be screened by the ACC3 or by another EU aviation security validated RA3 before being loaded onto the aircraft.

6.8.3.8

Transit or transfer consignments arriving from a third country listed in Attachment 6-I whose accompanying documentation does not comply with point 6.8.3.6 shall be treated in accordance with Chapter 6.7 before the subsequent flight.

6.8.3.9

Transit or transfer consignments arriving from a third country not referred to in point 6.8.3.8 the accompanying documentation of which does not comply with point 6.8.3.6, shall be treated in accordance with point 6.2 before the subsequent flight.

6.8.3.10

Security controls for cargo and mail arriving from a third country shall also be subject to the additional provisions laid down in Commission Implementing Decision C(2015) 8005.

6.8.4.1

Third country entities being, or intending to be, part of the supply chain of an air carrier holding the status of ACC3, may be designated as either ‘third country regulated agent’ (RA3) or ‘third country known consignor’ (KC3).

6.8.4.2

To obtain designation, the entity shall address the request to:

The appropriate authority receiving the request shall start the designation process, or agree with the appropriate authority of another Member State on its delegation, taking into account political or aviation cooperation, or both.

6.8.4.3

Before designation, the eligibility to obtain RA3 or KC3 status in accordance with point 6.8.4.1 shall be confirmed.

6.8.4.4

The designation of an entity as RA3 or KC3 in respect of its cargo and mail operations (‘relevant cargo operations’) shall be based on the following:

6.8.4.5

The appropriate authority shall allocate to the designated RA3 or KC3 a unique alphanumeric identifier in the standard format identifying the entity and the third country for which it has been designated to implement security provisions in respect of cargo or mail bound for the Union.

6.8.4.6

The designation shall be valid from the date the appropriate authority has entered the entity's details into the Union database on supply chain security, for a maximum period of three years.

6.8.4.7

An entity listed as RA3 or KC3 on the Union database on supply chain security shall be recognised in all Member States for operations conducted in respect of cargo or mail transported from the third country airport into the Union by an ACC3.

6.8.4.8

Designations of RA3 and KC3 issued before 1 June 2017 shall expire five years after their designation or on 31 March 2020, whichever date comes earlier.

6.8.4.9

Upon request by the appropriate authority of their approval, EU aviation security validators shall make available the details contained in Part 1 of the checklist set out in Attachment 6-C2 or Attachment 6-C4, as appropriate, for each entity they have designated, in order to establish a consolidated list of entities designated by EU aviation security validators.

6.8.4.10

Following the notification by the United Kingdom of Great Britain and Northern Ireland of its intention to withdraw from the European Union pursuing Article 50 of the TEU, designations of RA3 and KC3 issued by this Member State are subject to the following provisions:

6.8.4.11

►M12  During the period from 1 April 2020 to 30 June 2021, the appropriate authority may derogate from the process established in point 6.8.5 and temporarily designate a third country entity as RA3 or KC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the entity. The designation shall be subject to the following conditions: ◄

6.8.4.12

Entities referred to in point 6.8.4.8 whose RA3 or KC3 status expired in the period from 1 February 2020 to 31 March 2020, that because of the objective reasons referred to in point 6.8.4.11 could not undergo the process of EU aviation security validation established in point 6.8.5 and subsequent designation by an appropriate authority as set out in point 6.8.4, may apply for a temporary designation granted by the Commission, subject to the following conditions:

▼M12

6.8.5.1

In order to be designated as EU aviation security validated regulated agent or known consignor, third country entities shall be validated according to one of the following two options:

The validation report shall consist of, for third country regulated agents, the declaration of commitments as set out in Attachment 6-H2 and the checklist set out in Attachment 6-C2, and for third country known consignors, the declaration of commitments as set out in Attachment 6-H3 and the checklist set out in Attachment 6-C4. The validation report shall also include a declaration by the EU aviation security validator, as set out in Attachment 11-A.

6.8.5.2

Once the EU aviation security validation according to point (b) of point 6.8.5.1 has been completed, the EU aviation security validator shall submit the validation report to the appropriate authority and provide the validated entity with a copy.

6.8.5.3

A compliance monitoring activity conducted by the appropriate authority of a Member State or by the Commission may be considered as an EU aviation security validation, provided that it covers all areas specified in the checklist set out in Attachment 6-C2 or 6-C4, as appropriate.

6.8.5.4

The ACC3 shall maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.5.1, from which it directly accepts cargo or mail for carriage into the Union:

▼M15 —————

▼M2

The database shall be available for inspection of the ACC3.

Other EU aviation security validated entities may maintain such a database.