委员会实施条例(EU) No 1116/2013,修订条例(EU) No 185/2010,澄清、协调和简化某些特定的航空保安措施(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R1116
OJ编号:OJ L 299, 9.11.2013, p. 1-17
中文标题:委员会实施条例(EU) No 1116/2013,修订条例(EU) No 185/2010,澄清、协调和简化某些特定的航空保安措施(1)
原文标题:Commission Implementing Regulation (EU) No 1116/2013 of 6 November 2013 amending Regulation (EU) No 185/2010 as regards clarification, harmonisation and simplification of certain specific aviation security measures (1)
分类:07.40.30_空中安全
文件类型:二级立法 Regulation|条例
生效日期:2013-11-29
废止日期:2058-12-31
法规全文:查看欧盟官方文件
9.11.2013 Official
Journal
of
the
European
Union L
299/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1116/2013
of 6 November 2013
amending Regulation (EU) No 185/2010 as regards clarification, harmonisation and simplification of
certain specific aviation security measures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(3) The amendments concern the implementation of a
limited number of measures in relation to access
Having regard to the Treaty on the Functioning of the European
control, aircraft security, screening of cabin baggage
Union,
and hold baggage, security controls for cargo, mail, in-
flight and airport supplies, training of persons and
Having regard to Regulation (EC) No 300/2008 of the European
security equipment.
Parliament and of the Council of 11 March 2008 on common
rules in the field of civil aviation security and repealing Regu
(4) Regulation
(EU)
No
185/2010
should
therefore
be
lation (EC) No 2320/2002 ( 1 ), and in particular Article 4(3)
amended accordingly.
thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Committee on Civil
Aviation Security,
(1) Experience
with
the
implementation
of
Commission
Regulation (EU) No 185/2010 of 4 March 2010 laying
down detailed measures for the implementation of the
HAS ADOPTED THIS REGULATION:
common basic standards on aviation security ( 2 ) has
shown the need for small amendments to the imple
Article 1
menting modalities of certain common basic standards.
The Annex to Regulation (EU) No 185/2010 is amended in
accordance with the Annex to this Regulation.
(2) Certain
specific
aviation
security
measures
should
be
clarified, harmonised or simplified in order to improve
Article 2
legal clarity, standardise the common interpretation of
the legislation and further ensure the best implemen
This Regulation shall enter into force on the twentieth day
tation of the common basic standards on aviation
following that of its publication in the Official Journal of the
security.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 November 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 97, 9.4.2008, p. 72.
( 2 ) OJ L 55, 5.3.2010, p. 1.
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ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
(1) Chapter 1 is amended as follows:
(a) the following point 1.0.4 is added:
‘1.0.4. “Items carried by persons other than passengers” are belongings intended for the personal use of the
person that carries them.’;
(b) the following sentence is added at the end of point 1.2.1.1:
‘Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.’;
(c) the following sentence is added at the end of point 1.2.2.1:
‘Guided tours of the airport escorted by authorised persons shall be considered to have a legitimate reason.’;
(d) the following sentence is added at the end of point 1.2.7.2:
‘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.’;
(e) the following point 1.2.7.5 is added:
‘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).’;
(f) point 1.3.1.5 is replaced by the following:
‘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.’;
(2) Chapter 3 is amended as follows:
(a) point 3.1.1.3 is replaced by the following:
‘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.’;
(b) point 3.1.3 is amended as follows:
(i) the second and fourth indent are deleted;
(ii) the third indent is replaced by the following:
‘— origin of the previous flight.’;
(c) point 3.2.1.1(b) is replaced by the following:
‘(b) having its external doors closed. Where the aircraft is in a critical part, external doors that are not accessible
by a person from the ground shall be considered closed if access aids have been removed and placed
sufficiently far from the aircraft as to reasonably prevent access by a person; or’;
(d) the second sentence of point 3.2.2.1 is replaced by the following:
‘Point (a) shall not apply for a door that is accessible from the ground by a person.’;
(e) point 3.2.2.2 is replaced by the following:
‘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.’;
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(3) Attachment 3-B is replaced by the following:
‘ATTACHMENT 3-B
AIRCRAFT SECURITY
THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO
THE UNION ACCORDING TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO
WHICH THE TRANSPORT TITLE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY
STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS
As regards aircraft security, the following third countries, as well as overseas countries and territories with special
relations to the union according to the treaty on the functioning of the European union and to which the transport
title of that treaty does not apply, have been recognised as applying security standards equivalent to the common
basic standards:
United States of America
The Commission shall notify without delay the appropriate authorities of the Member States if it has information
indicating that security standards applied by the third country with a significant impact on overall levels of aviation
security in the Union are no longer equivalent to the common basic standards of the Union.
The appropriate authorities of the Member States shall be notified without delay when the Commission has
information about actions, including compensatory measures, confirming that the equivalency of relevant security
standards applied by the third country is re-established.’;
(4) in Chapter 4, point 4.1.2.11 is replaced by the following:
‘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.’;
(5) Attachment 4-B is replaced by the following:
‘ATTACHMENT 4-B
PASSENGERS AND CABIN BAGGAGE
THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO
THE UNION ACCORDING TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO
WHICH THE TRANSPORT TITLE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY
STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS
As regards passengers and cabin baggage, the following third countries, as well as overseas countries and territories
with special relations to the union according to the treaty on the functioning of the European union and to which
the transport title of that treaty does not apply, have been recognised as applying security standards equivalent to
the common basic standards.
United States of America
The Commission shall notify without delay the appropriate authorities of the Member States if it has information
indicating that security standards applied by the third country with a significant impact on overall levels of aviation
security in the Union are no longer equivalent to the common basic standards of the Union.
The appropriate authorities of the Member States shall be notified without delay when the Commission has
information about actions, including compensatory measures, confirming that the equivalency of relevant security
standards applied by the third country is re-established.’;
(6) in Chapter 5, the following point 5.1.7 is added:
‘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.’;
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(7) Attachment 5-A is replaced by the following:
‘ATTACHMENT 5-A
HOLD BAGGAGE
THIRD COUNTRIES, AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES WITH SPECIAL RELATIONS TO
THE UNION ACCORDING TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO
WHICH THE TRANSPORT TITLE OF THAT TREATY DOES NOT APPLY, RECOGNISED AS APPLYING SECURITY
STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS
As regards hold baggage, the following third countries, as well as overseas countries and territories with special
relations to the union according to the treaty on the functioning of the European union and to which the transport
title of that treaty does not apply, have been recognised as applying security standards equivalent to the common
basic standards.
United States of America
The Commission shall notify without delay the appropriate authorities of the Member States if it has information
indicating that security standards applied by the third country with a significant impact on overall levels of aviation
security in the Union are no longer equivalent to the common basic standards of the Union.
The appropriate authorities of the Member States shall be notified without delay when the Commission has
information about actions, including compensatory measures, confirming that the equivalency of relevant security
standards applied by the third country is re-established.’;
(8) Chapter 6 is amended as follows:
(a) in points 6.3.1.2 (c), 6.3.1.2 (d), 6.3.1.5, 6.4.1.2 (c), 6.4.1.2 (e), 6.4.1.5, 6.8.1.4, 6.8.1.5, 6.8.4.1, 6.8.5.1.2,
6.8.5.1.3, 6.8.5.2, attachment 6-A, attachment 6-H1, 11.6.4.1 and 11.6.4.3, the reference to ‘EC database of
regulated agents and known consignors’ or ‘Union database of regulated agents and known consignors’ is
replaced by a reference to ‘Union database on supply chain security’;
(b) the following point 6.2.1.4 is added:
‘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.’;
(c) point 6.3.2.4 is replaced by the following:
‘6.3.2.4. After the security controls referred to in points 6.3.2.1 to 6.3.2.3 of this Regulation and point 6.3 of
Commission Decision 2010/774/EU have been applied, the regulated agent shall ensure that:
(a) Unescorted access to these consignments is limited to authorised persons; and
(b) These consignments are protected from unauthorised interference until they are handed over to
another regulated agent or air carrier. Consignments of cargo and mail that are in a critical part of
a security restricted area shall be considered as protected from unauthorised interference.
Consignments of cargo and mail that are in parts other than a critical part of a security restricted
area shall be located in the access-controlled parts of the regulated agent’s premises or, whenever
located outside of such parts, shall
— be physically protected so as to prevent the introduction of a prohibited article, or
— not be left unattended and access is limited to persons involved in the protection and handling
of cargo.’;
(d) the following sentence is added at the end of point 6.3.2.6:
‘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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(e) the following point 6.3.2.9 is added:
‘6.3.2.9 A
regulated
agent
shall
ensure
that
all
staff
implementing
security
controls
are
recruited
and
trained
in
accordance with the requirements of chapter 11 and all staff with access to identifiable air cargo or
identifiable air mail to which the required security controls have been applied have been recruited and
subject to security awareness training in accordance with the requirements of chapter 11.’;
(f) point 6.4.2.1(b) is replaced by the following:
‘(b) all staff implementing security controls are recruited and trained in accordance with the requirements of
chapter 11 and all staff with access to identifiable air cargo or identifiable air mail to which the required
security controls have been applied have been recruited and subject to security awareness training in
accordance with the requirements of chapter 11; and’;
(g) the title of point 6.6.2 is replaced by the following:
‘6.6.2. Protection for cargo and mail at airports for loading onto an aircraft’;
(h) point 6.6.2.2 is replaced by the following:
‘6.6.2.2. Consignments of cargo and mail in a part other than a critical part of a security restricted area 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:
(a) they are physically protected so as to prevent the introduction of a prohibited article; or
(b) they are not left unattended and access is limited to persons involved in the protection and loading
of cargo and mail onto an aircraft.’;
(i) the following sentence is added at the end of point 6.8.2.2:
‘The appropriate authority may accept the EU aviation security validation report of a third country entity for
ACC3 designation in cases where that entity carries out the entire cargo operation, including loading into the
hold of the aircraft, on behalf of the ACC3 and the EU aviation security validation report covers all these
activities.’;
(j) point 6.8.3.2 is replaced by the following:
‘6.8.3.2. Until 30 June 2014, the screening requirements shall, as a minimum, meet ICAO standards. Thereafter,
cargo and mail carried into the Union shall be screened by one of the means or methods listed in
point 6.2.1 of Decision 2010/774/EU to a standard sufficient to reasonably ensure that it contains no
prohibited articles.’;
(9) Attachment 6-B is replaced by the following:
‘ATTACHMENT 6-B
GUIDANCE FOR KNOWN CONSIGNORS
This guidance will help you to assess your existing security arrangements against the required criteria for known
consignors as described in Regulation (EC) No 300/2008 of the European Parliament and of the Council on
common rules in the field of civil aviation security and its implementing acts. This should enable you to ensure
that you meet the requirements before arranging an official on-site validation visit.
It is important that the validator is able to talk to the right people during the validation visit (e.g. person responsible
for security and person responsible for recruitment of staff). An EU checklist will be used to record the validator’s
assessments. Once the validation checklist is completed, the information contained in the checklist will be handled
as classified information.
Please note that questions on the EU checklist are of two types: (1) those where a negative response will auto
matically mean that you cannot be accepted as a known consignor and (2) those which will be used to build up a
general picture of your security provisions to allow the validator to reach an overall conclusion. The areas where a
“fail” will automatically be recorded are indicated by the requirements indicated in bold type below. If there is a “fail”
on the requirements indicated in bold type, the reasons will be given to you and advice on adjustments needed to
pass.
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Introduction
The cargo must be originated by your company on the site to be inspected. This covers manufacture on the site and
pick and pack operations where the items are not identifiable as air cargo until they are selected to meet an order.
(See also Note.)
You will have to determine where a consignment of cargo/mail becomes identifiable as air cargo/air mail and
demonstrate that you have the relevant measures in place to protect it from unauthorised interference or tampering.
This will include details concerning the production, packing, storage and/or despatch.
Organisation and responsibilities
You will be required to provide details about your organisation (name, VAT or Chamber of Commerce number
or Corporate registration number if applicable), address of site to be validated and main address of organisation (if
different from the site to be validated). The date of the previous validation visit and last unique alphanumeric
identifier (if applicable) are required, as well as of the nature of the business, the approximate number of employees
on site, name and title of person responsible for air cargo/air mail security and contact details.
Staff recruitment procedure
You will be required to provide details of your recruitment procedures for all staff (permanent, temporary or agency
staff, drivers) with access to identifiable air cargo/air mail. The recruitment procedure shall include a pre-
employment check or a background check in accordance with point 11.1 of the Annex to Regulation (EU)
No 185/2010. The on-site validation visit will involve an interview with the person responsible for the recruitment
of staff. He/she will need to present evidence (e.g. blank forms) to substantiate the company procedures. This
recruitment procedure shall apply to staff recruited after 29 April 2010.
Staff security training procedure
You will need to demonstrate that all staff (permanent, temporary or agency staff, drivers) with access to air
cargo/air mail have received the appropriate training on security awareness matters. This training shall take
place in accordance with point 11.2.7 of the Annex to Regulation (EU) No 185/2010. Individual training records
should be kept on file. In addition, you will be required to show that all relevant staff implementing security
controls have received training or recurrent training in accordance with chapter 11 of the Annex to
Regulation (EU) No 185/2010.
Physical security
You will be required to demonstrate how your site is protected (e.g. a physical fence or barrier) and that relevant
access control procedures are in place. Where applicable, you will be required to provide details of any possible
alarm- and/or CCTV system. It is essential that access to the area where air cargo/air mail is processed or
stored, is controlled. All doors, windows and other points of access to air cargo/air mail need to be secure or
subject to access control.
Production (where applicable)
You will need to demonstrate that access to the production area is controlled and the production process supervised.
If the product can be identified as air cargo/air mail in the course of production then you will have to show that
measures are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
Packing (where applicable)
You will need to demonstrate that access to the packing area is controlled and the packing process supervised. If the
product can be identified as air cargo/air mail in the course of packing then you will have to show that measures
are taken to protect air cargo/air mail from unauthorised interference or tampering at this stage.
You will be required to provide details of your packing process and show that all finished goods are checked prior
to packing.
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You will need to describe the finished outer packing and demonstrate that it is robust. You also have to demonstrate
how the finished outer packing is made tamper evident, for example by the use of numbered seals, security tape,
special stamps or cardboard boxes fixed by a tape. You also need to show that you hold those under secure
conditions when not in use and control their issue.
Storage (where applicable)
You will need to demonstrate that access to the storage area is controlled. If the product can be identified as air
cargo/air mail while being stored then you will have to show that measures are taken to protect air cargo/air
mail from unauthorised interference or tampering at this stage.
Finally, you will have to demonstrate that finished and packed air cargo/air mail is checked before despatch.
Despatch (where applicable)
You will need to demonstrate that access to the despatch area is controlled. If the product can be identified as air
cargo/air mail in the course of despatch then you will have to show that measures are taken to protect air
cargo/air mail from unauthorised interference or tampering at this stage.
Transportation
You will have to provide details concerning the method of transportation of cargo/mail to the regulated agent.
If you use your own transport, you will have to demonstrate that your drivers have been trained to the required
level. If a contractor is used by your company, you will have to ensure that a) the air cargo/air mail is sealed
or packed by you so as to ensure that any tampering would be evident and b) the haulier declaration as
contained in Attachment 6-E of the Annex to Regulation (EU) No 185/2010 has been signed by the haulier.
If you are responsible for the transportation of air cargo/air mail, you will have to show that the means of transport
are securable, either through the use of seals, if practicable, or any other method. Where numbered seals are used,
you will have to demonstrate that access to the seals is controlled and numbers are recorded; if other methods are
used you will have to show how cargo/mail is made tamper evident and/or kept secure. In addition you will need to
show that there are measures in place to verify the identity of the drivers of vehicles collecting your air cargo/air
mail. You will also need to show that you ensure that cargo/mail is secure when it leaves the premises. You will
have to demonstrate that air cargo/air mail is protected from unauthorised interference during transpor
tation.
You will not have to provide evidence about driver training or a copy of the haulier declaration where a regulated
agent has made the transport arrangements for collecting air cargo/air mail from your premises.
Consignor’s responsibilities
You will need to declare that you will accept unannounced inspections by the appropriate authority’s
inspectors for the purpose of monitoring these standards.
You will also need to declare to provide [name of appropriate authority] with the relevant details promptly
but at least within 10 working days if:
(a) the overall responsibility for security is assigned to anyone other than the person named;
(b) there are any other changes to premises or procedures likely to significantly impact on security;
(c) your company ceases trading, no longer deals with air cargo/air mail or can no longer meet the
requirements of the relevant EU legislation.
Finally, you will need to declare to maintain standards of security until the subsequent on-site validation
visit and/or inspection.
You will then be required to accept full responsibility for the declaration and to sign the validation document.
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NOTES
Explosive and incendiary devices
Assembled explosive and incendiary devices may be carried in consignments of cargo if the requirements of all
safety rules are met in full.
Consignments from other sources
A known consignor may pass consignments which it has not itself originated to a regulated agent, provided that:
(a) they are separated from consignments which it has originated; and
(b) the origin is clearly indicated on the consignment or on accompanying documentation.
All such consignments must be screened before they are loaded on to an aircraft.’;
(10) Attachment 6-C is replaced by the following:
‘ATTACHMENT 6-C
VALIDATION CHECKLIST FOR KNOWN CONSIGNORS
Completion notes:
When completing this form please note that:
— Items marked* are required data and MUST be completed.
— If the answer to any question in bold type is NO, the validation MUST be assessed as a FAIL. This does not
apply where the questions do not apply.
— The overall assessment can only be assessed as a PASS after the consignor has signed the declaration of
commitments on the last page.
— The original declaration of commitments must be retained by or made available to the appropriate authority
until the validation expires. A copy of the declaration should also be given to the consignor.
PART 1
Organisation and responsibilities
1.1. Date of validation*
Please use exact date format, e.g. 1.10.2010
dd/mm/yyyy
1.2. Date of previous validation and Unique Identifier where applicable.
dd/mm/yyyy
UNI
1.3. Name of organisation to be validated*
Name
VAT/Chamber of Commerce number/Corporate registration number (if applicable)
1.4. Address of site to be validated*
Number/Unit/Building
Street
Town
Postcode
Country
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1.5. Main address of organisation (if different from site to be validated, provided that it is in the same country)
Number/Unit/Building
Street
Town
Postcode
Country
1.6. Nature of Business(es) — types of cargo processed
1.7. Is the applicant responsible for…?
(a) Production
(b) Packing
(c) Storage
(d) Despatch
(e) Other, please specify
1.8. Approximate number of employees on site
1.9. Name and title of person responsible for air cargo/air mail security
Name
Job title
1.10. Contact telephone number
Tel. No
1.11. E mail address*
E mail
PART 2
Identifiable air cargo/air mail (“Targetability”)
Aim: To establish the point (or: place) where cargo/mail becomes identifiable as air cargo/air mail. Target
ability is defined as being able to assess when/where the cargo/mail is identifiable as air cargo/air mail.
2.1. By inspection of the production, packing, storage, selection, despatch and any other relevant areas, ascertain
where and how a consignment of air cargo/air mail becomes identifiable as such.
Describe:
NB. Detailed information should be given on the protection of identifiable air cargo/air mail from unauth
orised interference or tampering in Parts 5 to 8.
PART 3
Staff recruitment and training
Aim: To ensure that all staff (permanent, temporary, agency staff, drivers) with access to identifiable air
cargo/air mail have been subject to an appropriate pre-employment check and/or background check as well
as trained in accordance with point 11.2.7 of the Annex to Regulation (EU) No 185/2010. In addition, to
ensure that all staff implementing security controls in respect of supplies are trained in accordance with
chapter 11 of the Annex to Regulation (EU) No 185/2010.
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Whether or not 3.1 and 3.2 are questions in bold type (and thus where a NO answer must be assessed as a fail) depends on
the applicable national rules of the State where the site is located. However, at least one of these two questions shall be in bold
type, whereby it should also be allowed that where a background has been carried out, then a pre-employment check is no
longer required. The person responsible for implementing security controls shall always have a background check.
3.1. Is there a recruitment procedure for all staff with access to identifiable air cargo/air mail which
includes a pre-employment check in accordance with point 11.1.4 of the Annex to Regulation (EU)
No 185/2010? This applies to staff recruited after [the date of application of Regulation (EC) No 300/2008].
YES or NO
If YES, which type
3.2. Does this recruitment procedure also include a background check, including a check on criminal
records, in accordance with point 11.1.3 of the Annex to Regulation (EU) No 185/2010?
This applies to staff recruited after [the date of application of Regulation (EC) No 300/2008].
YES or NO
If YES, which type
3.3. Does the appointment process for the named person responsible for the application and supervision
of the implementation of security controls at the site include a requirement for a background check,
including a check on criminal records in accordance with point 11.1.3 of the Annex to Regulation
(EU) No 185/2010?
YES or NO
If YES, describe
3.4. Do staff with access to identifiable air cargo/air mail receive security awareness training in accordance
with point 11.2.7 of the Annex to Regulation (EU) No 185/2010 before being given access to iden
tifiable air cargo/air mail? Do staff implementing security controls in respect of supplies receive
training in accordance with chapter 11 of the Annex to Regulation (EU) No 185/2010?
YES or NO
If YES, describe
3.5. Do staff (as referred to above) receive refresher training in accordance with the frequency established
for this training?
YES or NO
3.6. Assessment — Are the measures sufficient to ensure that all staff with access to identifiable air
cargo/air mail and staff implementing security controls have been properly recruited and trained in
accordance with chapter 11 of the Annex to Regulation (EU) No 185/2010?
YES or NO
If NO, specify reasons
PART 4
Physical security
Aim: To establish if there is a level of (physical) security on the site or at the premises sufficient to protect
identifiable air cargo/air mail from unauthorised interference.
4.1. Is the site protected by a physical fence or barrier?
YES or NO
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4.2. Are all the access points to the site subject to access control?
YES or NO
4.3. If YES, are the access points…?
Staffed
Manual
Automatic
Electronic
Other, specify
4.4. Is the building of sound construction?
YES or NO
4.5. Does the building have an effective alarm system?
YES or NO
4.6. Does the building have an effective CCTV system?
YES or NO
4.7. If yes, are the images of the CCTV recorded?
YES or NO
4.8. Are all doors, windows and other points of access to identifiable air cargo/air mail secure or subject to access
control?
YES or NO
4.9. If no, specify reasons
4.10. Assessment: Are the measures taken by the organisation sufficient to prevent unauthorised access to
those parts of the site and premises where identifiable air cargo/air mail is processed or stored?
YES or NO
If NO, specify reasons
PART 5
Production
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the production
process.
5.1. Is access controlled to the production area?
YES or NO
5.2. If YES, how?
5.3. Is the production process supervised?
YES or NO
5.4. If YES, how?
5.5. Are controls in place to prevent tampering at the stage of production?
YES or NO
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If YES, describe
5.6. Assessment: Are measures taken by the organisation sufficient to protect identifiable air cargo/air mail
from unauthorised interference or tampering during production?
YES or NO
If NO, specify reasons
PART 6
Packing
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the packing
process.
6.1. Is
the
packing
process
supervised?
YES or NO
6.2. If
YES,
how?
6.3. Please
describe
the
finished
outer
packaging:
(a) Is the finished outer packaging robust?
YES or NO
Describe:
(b) Is the finished outer packaging tamper evident?
YES or NO
Describe:
6.4.(a) Are numbered seals, security tape, special stamps or cardboard boxes fixed by a tape used to make air
cargo/air mail tamper evident?
YES or NO
If YES:
6.4.(b) Are the seals, security tape or special stamps held under secure conditions when not in use?
YES or NO
Describe:
6.4.(c) Is the issue of numbered seals, security tape, and/or stamps controlled?
YES or NO
Describe:
6.5.
If the answer to 6.4(a) is YES, how is this controlled?
6.6. Assessment:
Are
the
packing
procedures
sufficient
to
protect
identifiable
air
cargo/air
from
unauthorised interference and/or tampering?
YES or NO
If NO, specify reasons
EN
9.11.2013 Official
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Union L
299/13
PART 7
Storage
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the storage
process.
7.1. Is the finished and packed air cargo/air mail stored securely and checked for tampering?
YES or NO
7.2. Assessment: Are the storage procedures sufficient to protect identifiable air cargo/air mail from
unauthorised interference and/or tampering?
YES or NO
If NO, specify reasons
PART 8
Despatch
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
Answer these questions where the product could be identified as air cargo/air mail in the course of the despatch
process.
8.1. Is access controlled to the despatch area?
YES or NO
8.2. If YES, how?
8.3. Who has access to the despatch area?
Employees?
YES or NO
Drivers?
YES or NO
Visitors?
YES or NO
Contractors?
YES or NO
8.4. Assessment: Is the protection sufficient to protect the air cargo/air mail from unauthorised inter
ference or tampering in the despatch area?
YES or NO
If NO, specify reasons
PART 8A
Consignments from other sources
Aim: to establish the procedures for dealing with unsecured consignments.
Answer these questions only if consignments for carriage by air are being accepted from other companies.
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9.11.2013
8A.1. Does the company accept consignments of cargo intended for carriage by air from any other
companies?
YES OR NO
8A.2. If YES, how are these kept separate from the company’s own cargo and how are they identified to the
regulated agent/haulier?
PART 9
Transportation
Aim: To protect identifiable air cargo/air mail from unauthorised interference or tampering.
9.1. How is the air cargo/air mail conveyed to the regulated agent?
(a) By, or on behalf of, the regulated agent?
YES or NO
(b) Consignor’s own transport?
YES or NO
(c) Contractor used by the consignor?
YES or NO
9.2. Where
a
contractor
is
used
by
the
consignor:
— is the air cargo/air mail being sealed or packed before transportation so as to ensure that any
tampering would be evident? and
— has the haulier declaration been signed by the haulier?
YES or NO
Only answer the following questions where 9.1(b) or 9.1(c) applies
9.3. Is the cargo compartment of the transport vehicle securable?
YES or NO
If YES, specify how…
9.4(a) Where the cargo compartment of the transport vehicle is securable, are numbered seals used?
YES or NO
9.4(b) Where numbered seals are used, is access to the seals controlled and the numbers recorded on issue?
YES or NO
If YES, specify how…
9.5. Where the cargo compartment of the transport vehicle is not securable, is the air cargo/air mail tamper
evident?
YES or NO
9.6. If
YES,
describe
tamper
evidence
employed.
9.7. If
NO,
how
is
it
kept
secure?
9.8. Assessment:
Are
the
measures
sufficient
to
protect
air
cargo/air
from
unauthorised
inter
ference during transportation?
YES or NO
If NO, specify reasons
EN
9.11.2013 Official
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European
Union L
299/15
Declaration of commitments
I declare that:
— I will accept unannounced inspections by the appropriate authority’s inspectors for the purpose of
monitoring these standards. If the inspector discovers any serious lapses in security, this could lead to
the withdrawal of my status as known consignor.
— I will provide [name of appropriate authority] with the relevant details promptly but at least within 10
working days if:
— the overall responsibility for security is assigned to anyone other than the person named at point
1.9,
— there are any other changes to premises or procedures likely to significantly impact on security, and
— the company ceases trading, no longer deals with air cargo/air mail or can no longer meet the
requirements of the relevant EU legislation.
— I will maintain standards of security until the subsequent on-site validation visit and/or inspection.
— I shall accept full responsibility for this declaration.
Signed
Position in company
Assessment (and notification)
Pass/Fail
Where the overall assessment is a fail, list below the areas where the consignor fails to achieve the
required standard of security or has a specific vulnerability. Also advice on the adjustments needed to
achieve the required standard and thus to pass.
Signed
(Name of validator)’
(11) Attachment 6-C3 is amended as follows:
(a) the words ‘Reference: Point 6.8.3.1’ in the fifth paragraph of Part 4 are deleted;
(b) the seventh paragraph in Part 5 is replaced by the following:
‘Reference: Point 6.8.3’;
(c) the fifth paragraph in Part 7 is replaced with the following:
‘Reference: Points 6.8.3.1, 6.8.3.2, 6.8.3.3 as well as 6.2.1 and 6.7’;
(d) the first paragraph in Part 11 is replaced with the following:
‘Objective: After assessing the 10 previous parts of this checklist, the EU aviation security validator has to
conclude if its on-site verification corresponds with the content of the part of the air carrier security programme
describing the measures for the EU/EEA bound air cargo/air mail and if the security controls sufficiently
implement the objectives listed in this checklist.’;
(12) point 6-Fiii of Attachment 6-F is replaced by the following:
‘6-Fiii
VALIDATION ACTIVITIES OF THIRD COUNTRIES AS WELL AS OVERSEAS COUNTRIES AND TERRITORIES
WITH SPECIAL RELATIONS TO THE UNION ACCORDING TO THE TREATY ON THE FUNCTIONING OF THE
EUROPEAN UNION AND TO WHICH THE TRANSPORT TITLE OF THAT TREATY DOES NOT APPLY,
RECOGNISED AS EQUIVALENT TO EU AVIATION SECURITY VALIDATION’;
(13) in Attachment 8-B, in the first indent, point (b) is replaced by the following:
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9.11.2013
‘(b) ensure that persons with access to in-flight supplies receive general security awareness training in accordance
with point 11.2.7 of the Annex to Regulation (EU) No 185/2010 before being given access to these supplies. In
addition, ensure that persons implementing screening of in-flight supplies receive training according to 11.2.3.3
of the Annex to Regulation (EU) No 185/2010 and persons implementing other security controls in respect of
in-flight supplies receive training according to 11.2.3.10 of the Annex to Regulation (EU) No 185/2010; and’;
(14) Chapter 9 is amended as follows:
(a) point 9.0.2(a) is replaced by the following:
‘(a) “airport supplies” mean all items intended to be sold, used or made available for any purpose or activity in
the security restricted area of airports, other than “items carried by persons other than passengers”;’;
(b) point 9.1.1.1(b) is replaced by the following:
‘(b) the required security controls have been applied to the supplies by a known supplier or regulated supplier
and the supplies have been protected from unauthorised interference from the time that those controls were
applied until delivery to the security restricted area.’;
(15) in Attachment 9-A, in the first indent, point (b) is replaced by the following:
‘(b) ensure that persons with access to airport supplies receive general security awareness training in accordance with
point 11.2.7 of the Annex to Regulation (EU) No 185/2010 before being given access to these supplies. In
addition, ensure that persons implementing screening of airport supplies receive training according to point
11.2.3.3 of the Annex to Regulation (EU) No 185/2010 and persons implementing other security controls in
respect of airport supplies receive training according to point 11.2.3.10 of the Annex to Regulation (EU) No
185/2010; and’;
(16) Chapter 11 is amended as follows:
(a) point 11.1.5 is replaced by the following:
‘11.1.5. Background or pre-employment checks shall be completed before the person undergoes any security
training involving access to information which is not publicly available. Background checks shall be
repeated at regular intervals not exceeding five years.’;
(b) point 11.2.3.7(b) is replaced by the following:
‘(b) knowledge of procedures for sealing aircraft, if applicable for the person to be trained;’;
(c) the first sentence of point 11.2.3.9 is replaced by the following:
‘Training of persons implementing security controls for cargo and mail other than screening shall result in the
following competencies:’;
(d) the following sentence is added at the end of point 11.2.6.1:
‘For objective reasons, the appropriate authority may exempt persons from this training requirement if their
access is limited to areas in the terminal accessible to passengers.’;
(e) the following sentence is added at the end of point 11.3.1:
‘Persons performing tasks as listed in point 11.2.3.3 may be exempted from these requirements if they are only
authorised to implement visual checks and/or hand searches.’;
(f) point 11.5.3(a) is replaced by the following:
‘(a) have knowledge and competencies as specified in point 11.5.4; and’;
(g) the first sentence of point 11.5.4 is replaced by the following:
‘In order to be certified as an instructor qualified to give training defined in points 11.2.3.1 to 11.2.3.5 and in
points 11.2.4 (unless it concerns the training of supervisors exclusively supervising persons referred to in points
11.2.3.6 to 11.2.3.10) and 11.2.5, a person shall have knowledge of the work environment in the relevant
aviation security field and qualifications and competencies in the following areas:’;
EN
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European
Union L
299/17
(17) Chapter 12 is amended as follows:
(a) point 12.1.2.2 is replaced by the following:
‘12.1.2.2. All WTMD exclusively used for screening persons other than passengers shall meet at least
standard 1.’;
(b) the following points 12.5.1.4 and 12.5.1.5 are added:
‘12.5.1.4. There shall be a TIP administrator responsible for the configuration management of the TIP system.
12.5.1.5. The appropriate authority shall regularly monitor the correct implementation of the TIP systems and
ensure that the systems are correctly configured, including realistic and relevant projection of objects,
are in compliance with the requirements and have up-to-date image libraries.’;
(c) point 12.8.2 is replaced by the following:
‘12.8.2. Before its planned introduction the Member State concerned shall inform in writing the Commission
and the other Member States of the proposed method of screening it intends to allow, enclosing an
assessment indicating how it shall guarantee that the application of the new method will meet the
requirement of point 12.8.1(b). The notification shall also contain detailed information on the
location(s) where the method of screening is planned to be used and the intended length of the
evaluation period.’;
(d) the following point 12.10 is added:
‘12.10. METAL DETECTION EQUIPMENT (MDE)
Detailed provisions on the use of MDE are laid down in a separate Commission Decision.’
Document Outline
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