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26.8.2011 Official
Journal
of
the
European
Union L
220/9
COMMISSION IMPLEMENTING REGULATION (EU) No 859/2011
of 25 August 2011
on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation
of the common basic standards on aviation security in respect of air cargo and mail
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
they directly accept consignments, and make any
adjustments to the system, including amendments to
this Regulation, where necessary.
Having regard to the Treaty on the Functioning of the European
Union,
(6) Building
on
the
International
Civil
Aviation
Organisation
Having regard to Regulation (EC) No 300/2008 of the European
(ICAO) contracting states’ responsibility to meet at least
Parliament and the Council of 11 March 2008 on common
ICAO standards for cargo security, the Commission and
rules in the field of civil aviation security and repealing Regu
the Member States should reach out to authorities in
lation (EC) No 2320/2002 (
third countries to cooperate with and, where possible

1 ) and in particular Article 4(3)
thereof,
and requested, provide assistance with capacity building
in relation to the implementation of requirements to
secure air cargo and mail being carried into the EU.
Whereas:
(7) The
Commission
will
coordinate
and
take
an
active
part
(1) Commission
Regulation
(EU)
No
185/2010
of
4
March
2010 laying down detailed measures for the implemen
in Union action for facilitating the implementation of
tation of the common basic standards on aviation
aviation security requirements in respect of operations
security (
into the Union from third country airports and provide

2 ) does not contain rules for cargo and mail
being carried to Union airports from third countries. It
non-EU bodies with access to relevant information on a
is necessary to introduce such rules in order to protect
strict need to know basis and on the condition that
civil aviation carrying such cargo from acts of unlawful
sufficient guarantees are in place.
interference.
(8) The
measures
provided
for
in
this
Regulation
are
in
(2) Regulation
(EU)
No
185/2010
should
therefore
be
accordance with the opinion of the Committee on Civil
amended accordingly.
Aviation Security set up by Article 19(1) of Regulation
(EC) No 300/2008,
(3) When
assessing
aviation
security
in
third
countries,
consideration will be given to cooperation and part
nership agreements concluded between the Union or
HAS ADOPTED THIS REGULATION:
individual Member States and third countries that
provide a basis for guaranteeing the proper implemen
tation of aviation security standards.
Article 1
(4) When
concluding
Air
Transport
Agreements
with
third The Annex to Regulation (EU) No 185/2010 is amended in
countries, the Commission and Member States should
accordance with the Annex to this Regulation.
work towards achieving enhanced cooperation on
aviation security supporting the implementation and
application of standards and principles in third
countries equivalent to those of the Union where this
Article 2
is effective to meet global threat and risk.
The Commission will assess and evaluate the application of the
measures provided for in this Regulation and if appropriate
make a proposal by 1 July 2015 at the latest.
(5) By
July
2013
the
Commission
should,
together
with
Member States and stakeholders, examine the practical
consequences and feasibility of the implementation of
independent validation for air carriers carrying cargo
The Commission will, at the latest by 31 December 2012,
from third country airports into the EU and the
assess the likely impact of the requirements set out in this
regulated agents and known consignors from which
Regulation, in particular the independent validation
requirements. The results shall be submitted to the Committee
( 1 ) OJ L 97, 9.4.2008, p. 72.
on Civil Aviation Security. Where appropriate, the Commission
( 2 ) OJ L 55, 5.4.2010, p.1.
will propose adjustments to the requirements by 1 July 2013.

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L 220/10
EN
Official Journal of the European Union
26.8.2011
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.
It shall apply as from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2011.
For the Commission
The President
José Manuel BARROSO

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EN
26.8.2011 Official
Journal
of
the
European
Union L
220/11
ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
A. Point 6.1.2 is replaced by the following:
‘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.’
B. Point 6.3.2.6(d) is replaced by the following:
‘(d) the security status of the consignment, stating:
— “SPX”, meaning secure for passenger, all-cargo and all-mail aircraft, or
— “SCO”, meaning secure for all-cargo and all-mail aircraft only; or
— “SHR” meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements.’
C. In Chapter 6, the following points are added:
‘6.7. HIGH
RISK
CARGO
AND
MAIL
(HRCM)
Provisions for high risk cargo and mail are laid down in a separate Commission Decision.
6.8.
PROTECTION OF CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES
6.8.1. Designation
of
air
carriers
6.8.1.1. Requirements until 30 June 2014:
(a) any air carrier carrying cargo or mail from an airport in a third country not listed in Attachment 6-F 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 the appropriate authority of the Member State listed in the Annex to Commission Regulation (EU)
No 394/2011 (*) amending Regulation (EC) No 748/2009 (**) on the list of aircraft operators that
performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament
and of the Council (***),
— by the appropriate authority of the Member State that issued the air carrier’s Operator’s Certificate for
air carriers not listed in the Annex to Regulation (EU) No 394/2011,
— by the appropriate authority of the Member State where the air carrier has its major base of
operations within the Union, or any other appropriate authority of the Union by agreement with
that appropriate authority, for air carriers not listed in the Annex to Regulation (EU) No 394/2011
and not holding an Air Operator’s Certificate issued by a Member State;
(b) in order to be designated as an ACC3, the carrier shall:
— ensure that its security programme covers all points listed in Attachment 6-G in respect of cargo and
mail being loaded on to its aircraft at any third country airport for carriage into the Union, and
— submit a “Declaration of commitments — ACC3” as set out in Attachment 6-H to the appropriate
authority concerned. This declaration shall be signed by the carrier’s legal representative or by the
person responsible for security, and

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L 220/12
EN
Official Journal of the European Union
26.8.2011
— nominate a person to have overall responsibility for implementation of cargo or mail security
provisions in third countries on its behalf and provide details of this person to the appropriate
authority concerned;
(c) either the original or a copy of the signed “Declaration of commitments — ACC3” shall be retained by
the appropriate authority concerned. Where the original is retained by the air carrier it shall be available
for inspection at least during its period of validity;
(d) the appropriate authority concerned shall communicate the necessary details of the carrier to the
Commission which shall make them available to all Member States.
(e) an ACC3 notified to the Commission in accordance with point (d) shall be recognised in all Member
States for all operations from the specified third country airport into the Union.
6.8.1.2. Requirements to be fulfilled by 1 July 2014:
(a) in addition to the requirements set out in point 6.8.1.1(b), by 1 July 2014 at the latest, the air carrier
shall ensure that an on-site verification of its cargo and mail operations at the relevant third country
airport has been carried out by an independent validator;
(b) the independent validator shall examine the air carrier’s security programme and ensure that it covers all
the points set out in Attachment 6-G, verify compliance with the programme at the third country airport
by using the checklist in Attachment 6-C3 and submit a report:
— to the appropriate authority of the Member State listed in the Annex to Regulation (EU) No
394/2011 amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed
an aviation activity listed in Annex I to Directive 2003/87/EC,
— to the appropriate authority of the Member State that issued the air carrier’s Operator’s Certificate for
air carriers not listed in the Annex to Regulation (EU) No 394/2011,
— to the appropriate authority of the Member State where the air carrier has its major base of operations
within the Union, or any other appropriate authority of the Union by agreement with that appro
priate authority, for air carriers not listed in the Annex to Regulation (EU) No 394/2011 and not
holding an Air Operator’s Certificate issued by a Member State;
(c) if satisfied with the report of the independent validator, the appropriate authority concerned shall ensure
that the necessary details of the ACC3 are entered into the Union database of regulated agents and
known consignors;
(d) when making the database entry, the appropriate authority concerned shall allocate a unique alpha
numeric identifier in the standard format identifying the carrier and the third country airport from
which it is carrying cargo into the Union. The unique alphanumeric identifier shall appear on docu
mentation accompanying the consignments carried, either in electronic format or in writing;
(e) if the appropriate authority concerned is not satisfied with the information provided by the air carrier or
with the report of the independent validation then the reasons shall promptly be notified to the carrier
seeking designation as an ACC3;
(f) an ACC3 listed on the Union database of regulated agents and known consignors in accordance with this
point 6.8.1.2 shall be recognised in all Member States for all operations from the third country airport
into the Union;
(g) an ACC3 listed in the Union database of regulated agents and known consignors shall be re-validated at
intervals not exceeding 5 years at the third country airport for which it has been designated and resubmit
a Declaration of Commitments at the time of each revalidation.
6.8.2. Security
controls
for
cargo
and
mail
arriving
from
a
third
country
6.8.2.1. The ACC3 shall ensure that all cargo and mail carried for transfer, transit or unloading at a Union airport is
screened, unless:
(a) the required security controls have been applied to the consignment by a regulated agent and the
consignment has been protected from unauthorised interference from the time that those security
controls were applied and until loading; or

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26.8.2011 Official
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European
Union L
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(b) the required security controls have been applied to the consignment by a known consignor and the
consignment has been protected from unauthorised interference from the time that those security
controls were applied and until loading; or
(c) the required security controls have been applied to the consignment by an account consignor, the
consignment has been protected from unauthorised interference from the time that those security
controls were applied and until loading, and it is not carried on a passenger aircraft; or
(d) the consignment is exempted from screening in accordance with point 6.1.1(d) and protected from
unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and
until loading.
6.8.2.2. Until 30 June 2014, the requirements of point 6.8.2.1 shall, as a minimum, meet ICAO standards.
Thereafter, cargo and mail carried into the Union shall be:
(a) screened by one of the means or methods listed in point 6.2.1 to a standard sufficient to reasonably
ensure that it contains no prohibited articles; or
(b) subject to security controls by a regulated agent, known consignor or account consignor designated in
accordance with point 6.8.3; or
(c) exempted from screening in accordance with point 6.1.1(d) and protected from unauthorised inter
ference from the time that it became identifiable air cargo or identifiable air mail and until loading.
6.8.2.3. The security status of the consignment shall be indicated in the accompanying documentation, either in the
form of an air waybill, equivalent postal documentation or in a separate declaration and either in an
electronic format or in writing.
6.8.3. Designation
of
third
country
regulated
agents,
known
consignors
and
account
consignors
6.8.3.1. Until 30 June 2014, the ACC3 shall set out details of security controls implemented by regulated agents,
known consignors and account consignors from which it directly accepts consignments in its security
programme. Thereafter, the ACC3 shall in addition:
(a) ensure that such third country regulated agents and known consignors are independently validated in
accordance with the checklists in Attachments 6-C2 and 6-C respectively at intervals not exceeding 5
years;
(b) ensure that completed checklists are available for inspection by the appropriate authority or the
Commission;
(c) maintain a database giving the following information for each such regulated agent, known consignor
and account consignor:
— the company details, including the bona fide business address,
— the nature of the business, excluding business sensitive information,
— contact details, including those of the person(s) responsible for security,
— the company registration number, if applicable.
The database shall be available for inspection.
6.8.3.2. For third country account consignors from which it directly accepts consignments the ACC3 shall ensure
that the requirements of points 6.5.2 to 6.5.6 are met. Third country Authorised Economic Operator —
AEO certificates may only be recognised for third countries with which the Union has concluded an AEO
Mutual Recognition agreement.
6.8.4. Non-compliance
6.8.4.1. If the Commission or an appropriate authority identifies a serious deficiency relating to an ACC3 operation
which is deemed to have a significant impact on the overall level of aviation security in the Union it shall:
(a) inform the ACC3 concerned promptly and request comments;
(b) promptly inform the Commission and other Member States, as appropriate.

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L 220/14
EN
Official Journal of the European Union
26.8.2011
6.8.4.2. The Commission may, in accordance with the regulatory procedure referred to in Article 19(2) of Regulation
(EC) No 300/2008 then decide that the carrier may no longer be recognised as an ACC3, either for specific
or for all routes from third countries into the Union. In such cases, details of the ACC3 shall be removed
from the Union database of regulated agents and known consignors.
6.8.4.3. An air carrier whose recognition as an ACC3 has been withdrawn in accordance with point 6.8.4.2 shall not
be reinstated or included in the Union database of regulated agents or known consignors until an inde
pendent validator has confirmed that the serious deficiency has been rectified and the Committee on Civil
Aviation Security has been informed thereof by the relevant appropriate authority.
___________
(*) OJ L 107, 27.4.2011, p. 1.
(**) OJ L 219, 22.8.2009, p. 1.
(***) OJ L 275, 25.10.2003, p. 32, as amended by Directive 2008/101/EC (OJ L 8, 13.1.2009, p. 3).’
D. Attachment 6-F is replaced by the following:
‘ATTACHMENT 6-F
CARGO AND MAIL
6-Fi
THIRD COUNTRIES RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON
BASIC STANDARDS
6-Fii
THIRD COUNTRIES FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED
Third countries for which ACC3 designation is not required are listed in a separate Commission Decision.’
E. The following attachments are added:
‘ATTACHMENT 6-G
PROVISIONS RELATING TO THIRD COUNTRY CARGO AND MAIL
The ACC3 security programme shall set out, as applicable and either for each third country airport individually or as a
generic document specifying any variations at named third county airports:
(a) description of measures for air cargo and mail;
(b) procedures for acceptance;
(c) regulated agent scheme and criteria;
(d) known consignor scheme and criteria;
(e) account consignor scheme and criteria;
(f) standard of screening and physical examination;
(g) location of screening and physical examination;
(h) details of screening equipment;
(i) details of operator or service provider;
(j) list of exemptions from security screening or physical examination;
(k) treatment of high risk air cargo and mail.
ATTACHMENT 6-H
DECLARATION OF COMMITMENTS — ACC3
I declare that,
— to the best of my knowledge, the information contained in the company’s security programme in respect of
consignments being carried into the European Union from third countries is true and accurate,

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— the practices and procedures set out in the security programme in respect of consignments being carried into the
European Union from third countries will be implemented and maintained at all sites covered by the programme,
— the security programme will be adjusted and adapted to comply with all future changes to European Union
legislation specifying requirements for air cargo/air mail being brought into the European Union from third
countries, unless [name of air carrier] informs [name of appropriate authority] that it no longer wishes to
carry consignments into the Union from any third country,
— [name of air carrier] will inform [name of appropriate authority] in writing of any changes to the relevant parts of
its security programme within 10 days,
— the company has nominated [name of responsible individual] to have overall responsibility for security measures
in respect of air cargo/mail operations at [names of third country airports] on its behalf,
— from 1 July 2014 [name of air carrier] will maintain a database of third country regulated agents, known
consignors and account consignors and make this available for inspection,
— [name of air carrier] will cooperate fully with all inspections, as required, and provide access to all documents and
the above-mentioned database, as requested by inspectors,
— [name of air carrier] will inform [name of appropriate authority] of any serious security breaches and of any
suspicious circumstances which may be relevant to air cargo/air mail security in the third country, in particular
any attempt to conceal prohibited articles in consignments, and
— [name of air carrier] will inform [name of appropriate authority] if:
(a) it ceases trading or changes name;
(b) it no longer deals with air cargo/air mail; or
(c) it can no longer meet the requirements of the European Union legislation specifying requirements for air
cargo/air mail being brought into the European Union from third countries.
I accept full responsibility for this declaration.
Name:
Position in company:
Date:
Signature:
ATTACHMENT 6-I
Provisions for high risk cargo are laid down in a separate Commission Decision.
ATTACHMENT 6-J
Provisions for the use of screening equipment are laid down in a separate Commission Decision.’
F. In Chapter 11, the following point is added:
‘11.0.5. For the purposes of this Regulation, any of the following may act as an independent validator:
— a representative of the national authority of a Union Member State,
— any other physical or legal person recognised by a Member State or the Commission for this purpose.’

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