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Document 32012R1082
Commission Implementing Regulation (EU) No 1082/2012 of 9 November 2012 amending Regulation (EU) No 185/2010 in respect of EU aviation security validation Text with EEA relevance
Commission Implementing Regulation (EU) No 1082/2012 of 9 November 2012 amending Regulation (EU) No 185/2010 in respect of EU aviation security validation Text with EEA relevance
Commission Implementing Regulation (EU) No 1082/2012 of 9 November 2012 amending Regulation (EU) No 185/2010 in respect of EU aviation security validation Text with EEA relevance
OJ L 324, 22.11.2012, p. 25–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 14/11/2015; Implicitly repealed by 32015R1998
22.11.2012 |
EN |
Official Journal of the European Union |
L 324/25 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1082/2012
of 9 November 2012
amending Regulation (EU) No 185/2010 in respect of EU aviation security validation
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 establishing common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) and in particular Article 4(3) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (2) does not contain detailed rules for EU aviation security validation. It is necessary to introduce such rules in order to harmonise the conditions by which compliance is established in respect of aviation security. |
(2) |
Regulation (EU) No 185/2010 should therefore be amended accordingly. |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.
Article 2
Member States shall demonstrate to the Commission how they contribute to the implementation of point 11.6 in respect of point 6.8 of the Annex to Regulation (EU) No 185/2010 by 31 January 2013 at the latest.
Independent validators certified before the entry into force of this Regulation remain qualified to perform EU aviation security validation of known consignors in Member States until the certification expires or for a period of five years, whichever is less.
Article 3
The Commission will assess and evaluate the application of the measures provided for in this Regulation and if appropriate make a proposal by 30 June 2015 at the latest.
Article 4
This Regulation shall enter into force on the date of publication.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 November 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX
A. |
The Annex to Regulation (EU) No 185/2010 is amended as follows:
|
B. |
Point 6.8 is replaced by the following: ‘6.8. PROTECTION OF CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES 6.8.1. Designation of air carriers
6.8.2. EU aviation security validation for ACC3
6.8.3. Security controls for cargo and mail arriving from a third country
6.8.4. Validation of regulated agents and known consignors
6.8.5. Non-compliance and discontinuation of ACC3 designation 6.8.5.1. Non-compliance
6.8.5.2. Discontinuation The appropriate authority that designated the ACC3 is responsible for removing the ACC3 from the “Union database of regulated agents and known consignors”:
|
C. |
The following Attachment is inserted after Attachment 6-C: ‘ATTACHMENT 6-C3 VALIDATION CHECKLIST FOR ACC3 ACC3 (Air cargo or mail carrier operating into the Union from a third country airport) designation is the prerequisite for carrying air cargo or air mail into the European Union (4) (EU) or Iceland, Norway and Switzerland and is required by Regulation (EU) No 185/2010 as amended by Commission Implementing Regulation (EU) No 859/2011 (5). ACC3 designation is in principle (6) required for all flights carrying cargo or mail for transfer, transit or unloading at EU/EEA airports. The appropriate authorities of the Member States of the European Union, Iceland, Norway and Switzerland are each responsible for the designation of specific air carriers as ACC3. The designation is based on the security programme of an air carrier and on an on-site verification of the implementation in compliance with the objectives referred to in this validation checklist. The checklist is the instrument to be used by the EU aviation security validator for assessing the level of security applied to EU/EEA bound air cargo or air mail (7) by or under the responsibility of the ACC3 or an air carrier applying for ACC3 designation. A validation report shall be delivered to the designating appropriate authority and to the validated entity within a maximum of one month after the on-site verification. Integral parts of the validation report shall be at least:
Page numbering, the date of the EU aviation security validation and initialling on each page by the validator and the validated entity shall be the proof of the validation report’s integrity. By default the validation report shall be in English. Part 3 — Security programme of the air carrier, Part 6 — Database, Part 7 — Screening and Part 8 — High risk cargo or mail (HRCM) shall be assessed against the requirements of Chapters 6.7 and 6.8 of Regulation (EU) No 185/2010. For the other parts, baseline standards are the Standards and Recommended Practices (SARPs) of Annex 17 to the Convention on International Civil Aviation and the guidance material contained in the ICAO Aviation Security Manual (Doc 8973-Restricted). Completion notes:
PART 1 Identification of the entity validated and the validator
PART 2 Organisation and responsibilities of the ACC3 at the airport Objective: No air cargo or mail shall be carried to the EU/EEA without being subject to security controls. Details of such controls are provided by the following Parts of this checklist. The ACC3 shall not accept cargo or mail for carriage on an EU-bound aircraft unless the application of screening or other security controls is confirmed and accounted for by an EU aviation security validated regulated agent, an EU aviation security validated known consignor or an account consignor of a EU aviation security validated regulated agent, or such consignments are subject to screening in accordance with EU regulations. The ACC3 shall have a process to ensure that appropriate security controls are applied to all EU/EEA bound air cargo and air mail unless it is exempted from screening in accordance with Union legislation and that cargo or mail is protected thereafter until loading onto aircraft. Security controls shall consist of:
Reference: Point 6.8.3
PART 3 Security programme of the air carrier Objective: The ACC3 shall ensure that its security programme includes all the aviation security measures relevant and sufficient for air cargo and mail to be transported into the EU. The security programme and associated documentation of the air carrier shall be the basis of security controls applied in compliance with the objective of this checklist. The air carrier may wish to consider passing its documentation to the EU aviation security validator in advance of the site visit to help acquaint him with the details of the locations to be visited. Reference: Point 6.8.2.1 and Attachment 6-G Note: The following points listed in Attachment 6-G set out in the Annex to Regulation (EU) No 185/2010 shall be appropriately covered:
PART 4 Staff recruitment and training Objective: The ACC3 shall assign responsible and competent staff to work in the field of securing air cargo or air mail. Staff with access to secured air cargo possess all the competencies required to perform their duties and are appropriately trained. To fulfil that objective, the ACC3 shall have a procedure to ensure that all staff (permanent, temporary, agency staff, drivers, etc.) with direct and unescorted access to air cargo/air mail to which security controls are being or have been applied:
Reference: Point 6.8.3.1 Note:
PART 5 Acceptance procedures Objective: The ACC3 shall have a procedure in place in order to assess and verify upon acceptance the security status of a consignment in respect of previous controls. The procedure shall include the following elements:
Reference: Point 6.8.3.1 Note:
PART 6 Database Objective: Where the ACC3 is not obliged to apply 100 % screening to EU/EAA bound air cargo or air mail, the ACC3 shall ensure the cargo or mail comes from an EU aviation security validated regulated agent or known consignor or an account consignor of a regulated agent. For monitoring the security relevant audit trail the ACC3 shall maintain a database giving the following information for each entity or person from which it directly accepts cargo or mail:
When receiving air cargo or mail the ACC3 has to check in the database whether the entity is listed. If the entity is not included in the database, the air cargo or air mail delivered by it will have to be screened before loading. Reference: Points 6.8.4.1 and 6.8.4.3
PART 7 Screening Objective: Where the ACC3 accepts cargo and mail from an entity which is not an EU aviation security validated or the cargo received has not been protected from unauthorised interference from the time security controls were applied, the ACC3 shall ensure this air cargo or air mail is screened before being loaded onto an aircraft. The ACC3 shall have a process to ensure that EU/EEA bound air cargo and air mail for transfer, transit or unloading at an Union airport are screened by the means or methods referred to in EU legislation to a standard sufficient to reasonably ensure that it contains no prohibited articles. Where the ACC3 does not screen air cargo or air mail itself, it shall ensure that the appropriate screening is carried out according to EU requirements. Screening procedures shall include where appropriate the treatment of transfer-/transit-cargo and -mail. Where screening of air cargo or mail is performed by or on behalf of the appropriate authority in the third country, the ACC3 receiving such air cargo or air mail from the entity shall declare this fact in its security programme, and specify the way adequate screening is ensured. Note: Although point 6.8.3.2 allows for ACC3’s to apply as a minimum ICAO standards to implement the provisions of point 6.8.3.1 until 30 June 2014, the EU aviation security validation takes into account the EU screening requirements, even if the validation is performed before 1 July 2014. Reference: Points 6.8.3.1, 6.8.3.2, 6.8.3.3
PART 8 High risk cargo or mail (HRCM) Objective: Consignments which originate from or transfer in locations identified as high risk by the EU or which appear to have been significantly tampered with are to be considered as high risk cargo and mail (HRCM). Such consignments have to be screened in line with specific instructions. High risk origins and screening instructions are provided by the appropriate EU/EEA authority having designated the ACC3. The ACC3 shall have a procedure to ensure that EU/EEA bound HRCM is identified and subject to appropriate controls as defined in the Union legislation. The ACC3 shall remain in contact with the appropriate authority responsible for the EU/EEA airports to which it carries cargo in order to have available the latest state of information on high risk origins. The ACC3 shall apply the same measures, irrespective of whether it receives high risk cargo and mail from another air carrier or through other modes of transportation. Reference: Points 6.7 and 6.8.3.4 Note: HRCM cleared for carriage into the EU/EEA shall be issued the security status ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements.
PART 9 Protection Objective: The ACC3 shall have processes in place to ensure EU/EEA bound air cargo and/or air mail is protected from unauthorised interference from the point security screening or other security controls are applied or from the point of acceptance after screening or security controls have been applied, until loading. Protection can be provided by different means such as physical (barriers, locked rooms, etc.), human (patrols, trained staff, etc.) and technological (CCTV, intrusion alarm, etc.). EU/EAA bound secured air cargo or mail should be separated from air cargo or mail which is not secured. Reference: Point 6.8.3
PART 10 Accompanying documentation Objective: The ACC3 shall ensure that:
Reference: Points 6.3.2.6 (d), 6.8.3.4 and 6.8.3.5 Note: the following security statuses may be indicated:
In the absence of a regulated agent, the ACC3 or an air carrier arriving from a third country exempted from the ACC3 regime may issue the security status declaration.
PART 11 Compliance Objective: After assessing the ten 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/EAA bound air cargo/ air mail and if the security controls sufficiently implements the objectives listed in this checklist. For your conclusions distinguish between four possible main cases:
Name of the validator: Date: Signature: ANNEX List of persons and entities visited and interviewed Providing the name of the entity, the name of the contact person and the date of the visit or interview. |
D. |
Attachment 6-F is replaced by the following: ‘ATTACHMENT 6-F CARGO AND MAIL 6-Fi 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 6-Fii 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, FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED Third countries as well as countries and territories with special relations to the Union according to the Treaty on the Functioning of the European Union or the Treaty on the European Union for which ACC3 designation is not required are listed in a separate Commission Decision. 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 CHAPTER OF THAT TREATY DOES NOT APPLY, RECOGNISED AS EQUIVALENT TO EU AVIATION SECURITY VALIDATION’. |
E. |
The following Attachment is inserted after Attachment 6-H ‘ATTACHMENT 6-H1 DECLARATION OF COMMITMENTS — EU AVIATION SECURITY VALIDATED ACC3 On behalf of [name of air carrier] I take note of the following: This report establishes the level of security applied to EU/EEA bound (8) air cargo operations in respect of the security standards listed in the checklist or referred to therein (9). [Name of air carrier] can only be designated “Air Cargo or Mail carrier operating into the Union from a Third Country Airport” (ACC3) once an EU validation report has been submitted to and accepted by the appropriate authority of a Member State of the European Union or Iceland, Norway or Switzerland for that purpose, and the details of the ACC3 have been entered in the Union database for the regulated agents and known consignors. If the report establishes a non-compliance in the security measures it refers to, this could lead to the withdrawal of [name of air carrier] designation as an ACC3 already obtained for this airport which will prevent [name of air carrier] transport air cargo or mail into the EU/EEA area for this airport. The report is valid for five years and will therefore expire on _ at the latest. On behalf of [name of air carrier] I declare that:
On behalf of [name of air carrier] I accept full responsibility for this declaration. Name: Position in company: Date: Signature: |
F. |
In point 8.1.3.2(b) ‘an independent validator’ is replaced by ‘an EU aviation security validator’. |
G. |
In chapter 11, Point 11.0.5 is deleted. |
H. |
In chapter 11, Sections 11.5 and 11.6 are replaced by the following: ‘11.5. QUALIFICATION OF INSTRUCTORS
11.6. EU AVIATION SECURITY VALIDATION 11.6.1. EU aviation security validation is a standardised, documented, impartial and objective process for obtaining and evaluating evidence to determine the level of compliance of the validated entity with requirements set out in regulation (EC) No 300/2008 and its implementing acts. 11.6.2. EU aviation security validation
11.6.3. Approval requirements for EU aviation security validators
11.6.4. Recognition and discontinuation of EU aviation security validators
11.6.5. EU aviation security validation report (“the validation report”)
11.7. MUTUAL RECOGNITION OF TRAINING
ATTACHMENT 11-A INDEPENDENCE DECLARATION — EU AVIATION SECURITY VALIDATOR
I accept full responsibility for the EU aviation security validation report. Name of the individual performing the validation: Name of the EU aviation security validator: Date: Signature: |
(1) OJ L 219, 22.8.2009, p. 1.
(2) OJ L 107, 27.4.2011, p. 1.
(3) OJ L 275, 25.10.2003, p. 32.’.
(4) European Union Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
(5) OJ L 220, 26.8.2011, p. 9. Point 6.8.1.1 of Regulation (EU) No 185/2010: 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).
(6) This does not apply to air cargo or mail that is carried from a small number of countries exempted from ACC3 regime.
(7) EU/EEA bound air cargo/air mail/aircraft in this validation checklist is equivalent to EU and Iceland, Norway and Switzerland bound air cargo/air mail/aircraft.’.
(8) Airports situated in Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom as well as Iceland, Norway and Switzerland.
(9) Regulation (EU) No 185/2010 as amended by Implementing Regulation (EU) No 859/2011.’.