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)
- 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 ([^E0004]) by air.
- 6.0.5. For the purposes of this Annex, ‘approved haulier’ means an entity that ensures, on behalf of a regulated agent or known consignor, the surface transport and protection of air cargo and mail consignments to which security controls have previously been applied and whose procedures meet common security rules and standards sufficient to maintain the integrity of the consignments.
- 6.0.6. For the purposes of this Annex, ‘limited storage’ means the overall time strictly necessary for an approved haulier to perform the transhipment of cargo and mail from one means of transport onto the one used for the subsequent portion of the surface transport of that shipment.
For the purposes of the definition in the first paragraph, the ‘strictly necessary time’:
- (a) includes the time needed to carry out the related handling operations and complete the administrative formalities;
- (b) where logistically necessary, includes a brief storage of the consignment between the two means of transport during which the consignment is kept protected from unauthorised interference in accordance with points 6.5.2, 6.6.1 and 6.6.2;
- (c) does not include any storage operations other than those referred to in point (b), unless the haulier is also approved as regulated agent.
- 6.0.7. For the purposes of this Annex, a ‘business relationship’ means an association between natural or legal persons engaging in an agreement involving the performance of operations such as the delivery, acceptance, processing, handling, loading, off-loading and transport of air cargo or air mail.
- 6.0.8. For the purposes of this Annex, an ‘established business relationship’ means:
- (a) a business relationship established before 1 September 2024; or
- (b) a business relationship established after 1 September 2024, whereby the regulated agent has requested, obtained and retained the following information or documentation from the shipper or consignor, or from the freight paying consignee, as applicable:
- — personal, business or corporate information, including name, address, phone number and email address,
- — payment information, such as bank account or traceable credit card number,
- — VAT number, company registration certificate, if applicable;
- — a contractual agreement.
- 6.0.9 For the purposes of this Annex, ‘hermetically sealed container’ means a container whose design and sealing characteristics prevent the exchange of particles or vapours of its content with the outer environment, even if the container itself is delivered as packed within a container, pallet or cargo or supplies composition which is non-hermetically sealed.
6.1 SECURITY CONTROLS — GENERAL PROVISIONS
- 6.1.1 All cargo and mail shall be screened by a regulated agent before being loaded on to an aircraft, 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
- (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
- (d) the consignment is exempt from screening and has been protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.
- 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 shall be granted only after having established to which of the following categories the entity transporting the consignment from landside belongs:
- (a) a regulated agent;
- (b) a known consignor;
- (c) a haulier appointed in accordance with point 6.6.1.1(c), transporting consignments to which security controls have previously been applied;
- (d) an approved haulier;
- (e) neither of the entities referred to in points (a) to (d).
Point (c) shall apply until 31 December 2026.
- 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:
- (a) the haulier is itself a regulated agent;
- (b) the transport is performed on behalf of the receiving regulated agent or air carrier in the security restricted areas.
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:
- (a) screened before entry, in accordance with point 6.2, and under the responsibility of the receiving regulated agent or air carrier;
- (b) escorted to the premises of the regulated agent or of the air carrier located in the security restricted areas, under their responsibility.
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 SCREENING
6.2.1 Screening
- 6.2.1.1 When screening cargo or mail:
- (a) the means or method most likely to detect prohibited articles shall be employed, taking into consideration the nature of the consignment; and
- (b) the means or method employed shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the consignment.
- 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 Consignments consisting of items as defined in point 6.0.9 whose nature, packaging or container would significantly impair or prevent either the detection of prohibited articles or to analyse the material, substance or items contained therein during the application of Attachments 6-J and 12-H to the Annex to Implementing Decision C(2015) 8005, shall be accepted as air cargo or mail by the receiving regulated agent or air carrier, as applicable, only under one of the following conditions:
- (a) they are originated and delivered by a known consignor in accordance with point 6.4;
- (b) they are processed through an entity acting as retailing shipper of such consignments that has not originated them;
- (c) they are selected by a regulated agent, in accordance with point 6.3.2.3 (b);
- (d) where allowed by the appropriate authority and notified to the Commission, they are subject to a combination of screening and other appropriate security controls, as defined by the appropriate authority.
The shipper referred to in the first paragraph, point (b), shall be approved by the appropriate authority as known consignor exclusively to those specific operations. The approval shall cover the specific operations and confirm the fulfilment of the requirements laid down in point 6.4.2 at both the site of the shipper and of the originating manufacturer of the consignments.
First paragraph, point (d), shall apply until 31 December 2027.
- 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:
- (a) hand search;
- (b) x-ray equipment;
- (c) EDS equipment;
- (d) explosive detection dogs (EDD);
- (e) ETD equipment;
- (f) visual check;
- (g) metal detection equipment (MDE);
- (h) EVD equipment.
- 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.
- 6.2.1.7 The screening of cargo and mail shall also be subject to the additional provisions laid down in Implementing Decision C(2015) 8005.
6.2.2 Exemptions from screening
Provisions for exemptions from screening are laid down in Commission Implementing Decision C(2015) 8005.
6.3 REGULATED AGENTS
6.3.1 Approval of regulated agents
- 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:
- (a) any of the security controls referred to in point 6.3.2 to another regulated agent;
- (b) any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out at the regulated agent's own site or at an airport, and are covered by the regulated agent's or airport security programme;
- (c) any of the security controls referred to in point 6.3.2 to another entity, where the controls are carried out elsewhere than at the regulated agent's own site or at an airport, and the entity has been certified or approved and listed for the provision of these services by the appropriate authority;
- (d) the protection and transportation of consignments to a haulier that meets the requirements of points 6.5 and 6.6, as applicable.
- 6.3.1.2 The following procedure shall apply for the approval of regulated agents:
- (a) the applicant shall seek approval from the appropriate authority of the Member State in which the sites included in the application are located. The applicant shall submit a security programme to the appropriate authority concerned. The programme shall describe the methods and procedures which are to be followed by the agent in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The programme shall also describe how compliance with these methods and procedures is to be monitored by the agent itself. An air carrier security programme which describes the methods and procedures to be followed by the air carrier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts shall be regarded as meeting the requirement for a regulated agent security programme. The applicant shall also submit the ‘Declaration of commitments — regulated agent’ as contained in Attachment 6-A. This declaration shall be signed by the applicant's legal representative or by the person responsible for security. The signed declaration shall clearly state the location of the site or sites to which it refers and be retained by the appropriate authority concerned;
- (b) the appropriate authority or an EU aviation security validator acting on its behalf shall examine the security programme before carrying out an on-site verification of the sites specified in order to assess compliance of the applicant with the requirements of Regulation (EC) No 300/2008 and the implementing acts adopted on its basis. Except for the screening requirements laid down in point 6.2, an examination of the site of the applicant by the relevant customs authority in accordance with Article 29 of Commission Implementing Regulation (EU) 2015/2447 ([^E0005]) shall be considered as an on-site verification where it is carried out not earlier than 3 years before the date on which the applicant seeks approval as a regulated agent. The AEO authorisation and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection;
- (c) if the appropriate authority is satisfied with the information provided under points (a) and (b), it shall ensure that the necessary details of the agent are entered into the ‘Union database on supply chain security’ not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format. If the appropriate authority is not satisfied with the information provided under points (a) and (b) then the reasons shall promptly be notified to the entity seeking approval as a regulated agent;
- (d) a regulated agent shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’.
- 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.
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 ([^E0006]) 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.
- 6.3.1.9 Upon request by the appropriate authority, the regulated agent shall provide documentary evidence of the existing agreements in place with any approved haulier that provides transport on its behalf. If required by the approving appropriate authority, the regulated agent shall additionally maintain a list containing, for each approved haulier with whom it has entered into a transport agreement, at least the unique alphanumeric identifier, the initial date of validity of the agreement and, if applicable, its expiry date.
The list shall be available for inspection by the appropriate authority.
6.3.2 Security controls to be applied by a regulated agent
- 6.3.2.1 When accepting any consignments, a regulated agent shall:
- (a) establish whether the entity from which it receives the consignments is a regulated agent or a known consignor or neither of those;
- (b) examine the exterior of any consignments received, including consolidations, for signs of interference, tampering with or any anomalies that may raise suspicion.
- 6.3.2.2 The regulated agent 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 a national authority. The card or document shall be used to establish the identity of the person delivering the consignments.
Failure in presenting a valid document establishing the identity of the person delivering the consignments shall result in the rejection and marking of the consignments and the accompanying documentation in accordance with point 6.1.3, or in the obligation to apply the additional provisions laid down in the Annex to Implementing Decision C(2015) 8005.
- 6.3.2.3 The regulated agent shall ensure that consignments to which not all required security controls have previously been applied are:
- (a) screened in accordance with point 6.2 or 6.7, as appropriate; or
- (b) accepted for storage under the regulated agent's exclusive responsibility, not identifiable as shipment for carriage on an aircraft before selection, and selected autonomously without any intervention of the consignor or any person or entity other than those appointed and trained by the regulated agent for that purpose.
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:
- (a) the unique alphanumeric identifier of the regulated agent as received from the appropriate authority;
- (b) a unique identifier of the consignment, such as the number of the (house or master) air waybill;
- (c) the content of the consignment, except for consignments listed in points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005;
- (d) the security status of the consignment, stating one of the following:
- — ‘SPX’, meaning secure for passenger, all-cargo and all-mail aircraft;
- — ‘SHR’, meaning secure for passenger, all-cargo and all-mail aircraft in accordance with high risk requirements;
- (e) the reason why the security status was issued, stating:
- (i) ‘KC’, meaning received from known consignor; or —————
- (iii) ‘RA’, meaning selected by a regulated agent; or
- (iv) the means or method of screening used, as follows:
- — hand search (PHS);
- — X-ray equipment (XRY);
- — EDS equipment (EDS);
- — explosive detection dogs (EDD);
- — ETD equipment (ETD);
- — visual check (VCK);
- — metal detection equipment (CMD);
- — EVD equipment (EVD);
- — any other method (AOM) in accordance with point 6.2.1.6 where the method used shall be specified; or
- (v) the grounds for exempting the consignment from screening;
- (f) the name of the person who issued the security status, or an equivalent identification, and the date and time of issue;
- (g) the unique identifier received from the appropriate authority, of any regulated agent who has accepted the security status given to a consignment by another regulated agent, including during transfer operations.
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.
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.
- 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:
- (a) the regulated agent performing the consolidation retains the information required under points 6.3.2.6(a) to (g) for each individual consignment for the duration of the flight(s) or for 24 hours, whichever is the longer; and
- (b) the documentation accompanying the consolidation includes the alphanumeric identifier of the regulated agent who performed the consolidation, a unique identifier of the consolidation and its security status.
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. 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. Drivers with no access or with supervised access to identifiable air cargo or identifiable air mail to which the required security controls have been applied shall at least receive security awareness training in accordance with point 11.2.7.
- 6.3.2.10. Security controls to be applied by a regulated agent shall also be subject to the additional provisions laid down in Implementing Decision C(2015) 8005.
6.4 KNOWN CONSIGNORS
6.4.1 Approval of known consignors
- 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:
- (a) the applicant shall seek approval from the appropriate authority of the Member State in which its site is located. The applicant shall submit a security programme to the appropriate authority concerned. The programme shall describe the methods and procedures which are to be followed by the consignor in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The programme shall also describe how compliance with these methods and procedures is to be monitored by the consignor itself. The applicant shall be provided with the ‘Guidance for known consignors’ as contained in Attachment 6-B and the ‘Validation checklist for known consignors’ as contained in Attachment 6-C;
- (b) the appropriate authority, or EU aviation security validator acting on its behalf, shall examine the security programme and then make an on-site verification of the sites specified in order to assess whether the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts. In order to assess whether the applicant complies with these requirements, the appropriate authority, or EU aviation security validator acting on its behalf, shall make use of the ‘Validation checklist for known consignors’ as contained in Attachment 6-C. This checklist includes a declaration of commitments which shall be signed by the applicant's legal representative or by the person responsible for security at the site. Once the validation checklist is completed, the information contained in the checklist shall be handled as classified information. The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available to the appropriate authority concerned;
- (c) an examination of the site of the applicant by the relevant customs authority in accordance with Article 29 of Implementing Regulation (EU) 2015/2447 shall be considered as an on-site verification where it is carried out not earlier than 3 years before the date on which the applicant seeks approval as a known consignor. In those cases, the applicant shall complete the information required in Part One of the ‘Validation checklist for known consignors’ as contained in Attachment 6-C and send it to the appropriate authority jointly with the declaration of commitments which shall be signed by the applicant’s legal representative or by the person responsible for security at the site. The AEO authorisation and the relevant assessment of the customs authorities shall be made available by the applicant for further inspection. The signed declaration shall be retained by the appropriate authority concerned or retained by the EU aviation security validator and made available on request to the appropriate authority concerned;
- (d) if the appropriate authority is satisfied with the information provided under points (a) and (b) or (a) and (c), as applicable, it shall ensure that the necessary details of the consignor are entered into the ‘Union database on supply chain security’ not later than the next working day. When making the database entry the appropriate authority shall give each approved site a unique alphanumeric identifier in the standard format. If the appropriate authority is not satisfied with the information provided under points (a) and (b) or (a) and (c), as applicable, then the reasons shall promptly be notified to the entity seeking approval as a known consignor;
- (e) a known consignor shall not be considered as approved until its details are listed in the ‘Union database on supply chain security’.
- 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.
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.
- 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.
- 6.4.1.8. Upon request by the appropriate authority, the known consignor shall provide documentary evidence of the existing agreements in place with any approved haulier that provides transport on its behalf. If required by the approving appropriate authority, the known consignor shall additionally maintain a list containing, for each approved haulier with whom it has entered into a transport agreement, at least the unique alphanumeric identifier, the initial date of validity of the agreement and, if applicable, its expiry date.
The list shall be available for inspection by the appropriate authority.
6.4.2 Security controls to be applied by a known consignor
- 6.4.2.1 A known consignor shall ensure that:
- (a) there is a level of security on the site or at the premises sufficient to protect identifiable air cargo and identifiable air mail from unauthorised interference; and
- (b) all staff implementing security controls and all staff with unsupervised access to identifiable air cargo or identifiable air mail to which the required security controls have been applied are recruited in accordance with the requirements of Chapter 11 and have received security training in accordance with point 11.2.3.9. Drivers with no access or with supervised access to identifiable air cargo or identifiable air mail to which the required security controls have been applied shall at least receive security awareness training in accordance with point 11.2.7; and
- (c) during production, packing, storage, despatch and/or transportation, as appropriate, identifiable air cargo and identifiable air mail is protected from unauthorised interference or tampering.
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.
- 6.4.2.3. Security controls to be applied by a known consignor shall also be subject to the additional provisions laid down in Implementing Decision C(2015) 8005.
6.5 APPROVED HAULIERS
6.5.1. Approval of hauliers
- 6.5.1.1.Hauliers shall be approved by the appropriate authority.
- The applicant, either a natural or legal person, shall seek approval from the appropriate authority of the Member State in which the residential or registered address of the applicant, whichever applies, is located. Foreign branches of the same applicant, or of its subsidiaries, shall seek approval from the appropriate authority of the Member State where the registered address of that foreign branch or subsidiary is located.
- 6.5.1.2The applicant shall submit a security programme to the appropriate authority concerned. The programme shall describe the methods and procedures which are to be followed by the haulier in order to comply with the requirements of Regulation (EC) No 300/2008 and its implementing acts. It shall include detailed provisions and procedures at least covering:
- (1) general information, including organisation, person responsible for security, quality control, cooperation with authorities, reporting and other plans and instructions;
- (2) protection of cargo during collection, handling, limited storage, transport and delivery;
- (3) recruitment and training of staff, including training records and evidence of successful completion of background checks as applicable;
- (4) measures to prevent an unlawful interference in respect of air cargo and mail consignments to which security controls have been applied and actions to be taken in the event of such interference.
- The programme shall also describe how compliance with those provisions and procedures is to be monitored by the haulier itself.
- The programme shall be drawn up by using the standardised template set out in Attachment 6-K – Security programme of the approved haulier. Entities seeking approval that plan to perform haulier operations in a Member State different from that where they are registered and approved shall have their security programme drawn up also in English.
- The applicant shall also submit the ‘Declaration of commitments – approved haulier’ as set out in Attachment 6-D. That declaration shall be signed by the applicant’s legal representative or by the person responsible for security.
- The signed declaration shall clearly state the location or the locations to which it refers and be kept by the appropriate authority concerned.
- 6.5.1.3.After the submission of the security programme and its successful assessment establishing relevance and completeness thereof, the applicant shall be subject to an on-site verification, in order to assess compliance with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The on-site verification shall include the monitoring of the relevant operations and procedures implemented by the haulier without deficiencies, during collection, handling, limited storage, transport and delivery of consignments, as applicable. The on-site verification shall cover at least one of the operational locations belonging to the haulier’s network.
- The appropriate authority shall specify in its national civil aviation security programme referred to in Article 10 of Regulation (EC) No 300/2008 if the assessment of the security programme and the on-site verification shall be performed by the authority itself or by an EU aviation security validator acting on its behalf.
- At the conclusion of the on-site verification, the appropriate authority, or the EU aviation security validator acting on its behalf, shall draft a validation report by using the standardised checklist set out in Attachment 6-L.
- If the on-site verification is performed by an EU aviation security validator, the validation report and the independence declaration – EU aviation security validator set out in Attachment 11-A shall be submitted to the appropriate authority within not more than one month from the on-site visit.
- If applicable and necessary in order to monitor the relevant operations and procedures implemented by the haulier, the approving Member State may request the assistance and support of the appropriate authority of another Member State where certain operations take place. With the consent of the approving Member State, an on-site verification of those operations may be performed by an EU aviation security validator acting on behalf of the appropriate authority of the Member State where certain operations take place. The concerned Member States shall coordinate the timely performance of that on-site verification, agree on its extent and content, and establish modalities for the exchange of information on the outcomes thereof. In such case, the validation report covering these operations, consisting of the checklist set out in Attachment 6-L, and where applicable accompanied by the independence declaration – EU aviation security validator set out in Attachment 11-A, shall be:
- (a) drawn up in English or in another Union official language, as agreed between the concerned Member States;
- (b) submitted to the approving appropriate authority within not more than one month from the on-site visit.
- Once the approving appropriate authority has successfully completed the steps referred to in this point and determined that the applicant complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall grant the status of approved haulier for a maximum period of five years. In doing so, the appropriate authority shall ensure that the necessary details of the haulier are entered into the ‘Union database on supply chain security’ not later than the next working day. When making the database entry the appropriate authority shall give each registered address a unique alphanumeric identifier in the standard format.
- A haulier shall not be considered approved until its details are listed in the ‘Union database on supply chain security’.
- 6.5.1.4.As an alternative to the procedure laid down in point 6.5.1.3 and only in case of first approval, after the successful assessment of the security programme establishing its relevance and completeness, the appropriate authority may subject the applicant to a documentation-based audit consisting of a thorough interview with the person designated as responsible for the implementation of the security programme and the relevant operations and procedures implemented. If the appropriate authority determines that the applicant is in compliance with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall grant the status of approved haulier for a maximum and non-renewable period of one year, within which the haulier shall be subject to an on-site verification, as set out in point 6.5.1.3.
- After the completion of the on-site verification, if the appropriate authority determines that that the applicant is in compliance with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall grant the status of approved haulier for a maximum period of five years.
- If the on-site verification does not take place within one year time for reasons beyond the haulier’s responsibility, the approving appropriate authority may extend the status for a period not exceeding three months. At the end of the extension period, the appropriate authority shall suspend the status of the haulier and not re-activate it until the on-site verification is successfully completed.
- 6.5.1.5.If the appropriate authority is not satisfied with the information provided and assessed under points 6.5.1.2, 6.5.1.3 and 6.5.1.4, as applicable, then it shall promptly notify the reasons to the entity seeking approval as an approved haulier.
- 6.5.1.6.An approved haulier shall designate at least one person who shall be responsible for the implementation of the submitted security programme and the relevant operations and procedures implemented. That person shall have successfully completed an enhanced background check in accordance with point 11.1.1(b).
- 6.5.1.7.An approved haulier shall be subject to a reapproval procedureat regular intervals not exceeding 5 years in order to assess whether it still complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts. The procedure shall include an examination of the security programme and an on-site verification in accordance with point 6.5.1.3.
- An inspection by the approving appropriate authority in accordance with its national quality control programme may be considered an on-site verification provided that it covers all the requirements necessary for approval.
- 6.5.1.8.Where the approving appropriate authority or another appropriate authority identifies deficiencies in the implementation of the haulier operations, it shall promptly inform the haulier thereof and request to rectify the deficiencies. Where the rectification is not achieved within a reasonable timeframe or the deficiencies are deemed to have a significant impact on the security of the supply chain, the approving appropriate authority shall suspend or withdraw the status of approved haulier, as appropriate.
- Where the appropriate authority that has granted the approval is no longer satisfied that the approved haulier complies with the requirements of Regulation (EC) No 300/2008 and its implementing acts, it shall withdraw the status of approved haulier.
- Immediately after withdrawal, and in any case within 24 hours of the withdrawal, the approving appropriate authority shall ensure that the approved haulier’s change of status is indicated in the ‘Union database on supply chain security’.
- 6.5.1.9.An approved haulier, approved in accordance with point 6.5 of this Annex, shall be recognised as such in all Member States.
6.5.2. Security controls to be applied by an approved haulier
- 6.5.2.1.An approved haulier shall ensure that:
- (a) at its premises and at the locations where operations and procedures are implemented there is a level of security sufficient to protect identifiable air cargo and identifiable air mail to which security controls have previously been applied;
- (b) all staff who perform transport of cargo and mail have received general security awareness training in accordance with point 11.2.7;
- (c) all staff referred to in point (b) who are also granted unsupervised access to cargo and mail to which the required security controls have been applied, have received security training in accordance with point 11.2.3.9 and successfully completed a background check in accordance with point 11.1.2(b);
- (d) identifiable air cargo and identifiable air mail to which security controls have previously been applied is protected from unauthorised interference or tampering during collection, handling, limited storage, transport and delivery.
- 6.5.2.2In order to ensure that consignments to which the required security controls have been applied are protected from unauthorised interference during the operations performed by the approved haulier, all the following requirements shall apply:
- (a) the consignments shall be packed or sealed by the regulated agent or known consignor so as to ensure that any tampering would be evident. Where this is not possible, alternative protection measures that ensure the integrity of the consignment shall be taken;
- (b) the load compartment shall be searched immediately prior to loading and the integrity of that search shall be maintained until loading is completed;
- (c) the cargo load compartment of the vehicle in which the consignments are to be transported shall be locked or sealed or curtain sided vehicles shall be secured with TIR cords so as to ensure that any tampering would be evident, or the load area of flatbed vehicles shall be kept under observation;
- (d) each driver shall carry an identity card, passport, driving licence or other document, containing a photograph of the person, which has been issued or recognised by the national authorities. The card or document shall be used to establish the identity of the person receiving or delivering the consignments;
- (e) drivers shall not make unscheduled stops between collection and delivery. Where that is unavoidable, the driver shall check the security of the load and the integrity of locks or seals, or both, on their return. If the driver discovers any evidence of interference, they shall notify both their supervisor and the recipient of the air cargo or mail;
- (f) transport shall not be subcontracted to a third party, unless the third party is itself an approved haulier in accordance with point 6.5 or a regulated agent in accordance with point 6.3;
- (g) no other services of handling air cargo (such as limited storage or protection) shall be subcontracted to any other party other than a regulated agent.
6.5.3. Date of application
- 6.5.3.1As from 1 January 2027, surface transport within the Union of air cargo and mail consignments to which security controls have previously been applied, including transport by means of a vehicle under an air waybill and a flight number of the air carrier on whose behalf the transport is carried out, in accordance with the air cargo road feeder service model, shall be performed only by:
- (a) a regulated agent, with its own means and resources as described in its security programme and confirmed during the on-site verification in the approval process;
- (b) a known consignor, for cargo and mail originated by itself, with its own means and resources as described in its security programme and confirmed during the on-site verification in the approval process;
- (c) a haulier who has been approved by an appropriate authority in accordance with point 6.5. and has entered into a transport agreement either with the regulated agent or known consignor on whose behalf the transport is performed, or in the case of an air cargo road feeder service activity, directly with the relevant air carrier on whose behalf the transport is carried out.
- The first paragraph shall not apply to transportation within security restricted areas at airports.
6.6 PROTECTION OF CARGO AND MAIL
6.6.1 Protection of cargo and mail during transportation
- 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:
- (a) the consignments shall be packed or sealed by the regulated agent or known consignor so as to ensure that any tampering would be evident; where this is not possible, alternative protection measures that ensure the integrity of the consignment shall be taken;
- (b) the cargo load compartment of the vehicle in which the consignments are to be transported shall be locked or sealed or curtain sided vehicles shall be secured with TIR cords so as to ensure that any tampering would be evident, or the load area of flatbed vehicles shall be kept under observation;
- (c) the haulier declaration as contained in Attachment 6-E shall be agreed by the haulier who has entered into the transport agreement with the regulated agent or known consignor, unless the haulier is itself approved as a regulated agent. The signed declaration shall be retained by the regulated agent or known consignor on whose behalf the transport is carried out. On request, a copy of the signed declaration shall also be made available to the regulated agent or air carrier receiving the consignment or to the appropriate authority concerned.
Where the haulier has been approved by an appropriate authority in accordance with point 6.5, the haulier declaration referred to in the first paragraph, point (c), of this point, may be replaced by verification of the status of the approved haulier in the ‘Union database on supply chain security’.
The first paragraph, point (c), shall apply until 31 December 2026.
- 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:
- (a) a check of the personal integrity, consisting of the verification of the identity and of the curriculum vitae and/or provided references;
- (b) general security awareness training, in accordance with point 11.2.7.
- 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:
- (a) have successfully completed a background check;
- (b) undergo security training, in accordance with point 11.2.3.9.
- 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:
- (a) sign a haulier agreement with the haulier;
- (b) refrain from subcontracting further;
- (c) implement the provisions of points 6.6.1.3 and 6.6.1.4, as applicable.
The subcontracting haulier retains full responsibility for the entire transport on behalf of the agent or consignor.
6.6.2 Protection for cargo and mail during handling, storage, and loading onto an aircraft
- 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:
- (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.
6.7 HIGH RISK CARGO AND MAIL (HRCM)
Provisions for high risk cargo and mail are laid down in Commission Implementing Decision C(2015) 8005.
6.8 SECURITY PROCEDURES FOR CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES
6.8.1 Designation of air carriers
- 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:
- (a) by the appropriate authority of the Member State that issued the air carrier's Air Operator's Certificate;
- (b) by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EC) No 748/2009 ([^E0007]), for air carriers that do not hold an Air Operator's Certificate issued by a Member State;
- (c) by the appropriate authority of the Member State where the air carrier has its major base of operations in the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not holding an Air Operator's Certificate issued by a Member State and not listed in the Annex to Regulation (EC) No 748/2009.
- 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:
- (a) the nomination of a person with overall responsibility on the air carrier's behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and
- (b) an EU aviation security validation report confirming the implementation of security measures.
- 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.
6.8.2 EU aviation security validation for ACC3
- 6.8.2.1 The EU aviation security validation in respect of an air carrier's relevant cargo operations shall consist of:
- (a) an examination of the air carrier's security programme ensuring its relevance and completeness in respect of all points set out in Attachment 6-G; and
- (b) verification of the implementation of aviation security measures in respect of the relevant cargo operations by using the checklist set out in Attachment 6-C3.
- 6.8.2.2 The EU aviation security validation's verification of the implementation shall be on-site, to one of the following degrees:
- (1) At the airport from which the air carrier has relevant cargo operations before ACC3 designation can be granted for that airport. If the EU aviation security validation thereupon establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the appropriate authority shall not designate the air carrier as ACC3 for the relevant cargo operations without proof of the implementation of measures by the air carrier rectifying the deficiency identified.
- (2) At a representative number of airports with relevant cargo operations of an air carrier before ACC3 designation is granted for all airports with relevant cargo operations of that air carrier. The following conditions apply:
- (a) this option is requested by an air carrier which operates several relevant air cargo operations; and
- (b) the appropriate authority has verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation; and
- (c) the representative number shall be at least 3 or 5 %, whichever is the higher, and all airports situated in a high risk origin; and
- (d) the appropriate authority has agreed to a roadmap that ensures EU aviation security validations for every year of the designation at additional airports for which ACC3 designation will be granted or until all airports are validated. Those validations shall each year be at least equal in number to those required in (c). The roadmap shall state the reasons underpinning the choice of additional airports; and
- (e) all ACC3 designations shall end on the same day; and
- (f) where one of the EU aviation security validations agreed under the roadmap establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the designating appropriate authority shall require proof of the implementation of measures rectifying the deficiency identified at that airport, and, depending on the seriousness of the deficiency, request:
- — EU aviation security validation of all airports for which ACC3 designation is required in accordance with point 6.8.2.2.1 within a deadline set by the appropriate authority, or
- — twice the number of the EU aviation security validations established under (d) per each of the remaining years of ACC3 designations.
- 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 Security controls for cargo and mail arriving from a third country
- 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:
- (a) the required security controls have been applied to the consignment by an EU aviation security validated regulated agent (RA3) and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
- (b) the required security controls have been applied to the consignment by an EU aviation security validated known consignor (KC3) and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or
- (d) the consignment is exempted from screening in accordance with point (d) of point 6.1.1 and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading.
- 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. As from 1 January 2026 an ACC3 or RA3 may be approved for the use of explosive detection dogs (EDD) to screen cargo and mail destined to the Union only if during the EU aviation security validation process the appropriate authority or the EU aviation security validator, as applicable has observed the EDD screening process and has assessed it as meeting the objectives listed in the checklist set out in Attachment 6-M.
- 6.8.3.3 The ACC3 shall ensure in respect of:
- (a) transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain and such consignments have been protected from unauthorised interference from the time that those security controls were applied and until loading; and
- (b) high risk cargo and mail that screening in accordance with point 6.7 has been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain, that such consignments have been labelled SHR and have been protected from unauthorised interference from the time that those security controls were applied and until loading.
- 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:
- (a) verifying whether or not the unique alphanumeric identifier of the entity delivering the consignments is indicated on the accompanying documentation; and
- (b) confirming that the air carrier or entity delivering the consignment is listed as active in the Union database on supply chain security for the specified airport or site, as appropriate.
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.
- 6.8.3.6After the security controls referred to in points 6.8.3.1 to 6.8.3.5 have been implemented, the ACC3 or the EU aviation security validated regulated agent (RA3) responsible for the application of the security controls, shall ensure that the accompanying documentation, in the form of an air waybill, an equivalent postal documentation or in a separate declaration, provided in an electronic format or in writing, includes at least the following information:
- (a) the unique alphanumeric identifier of the ACC3;
- (b) the security status of the consignment referred to in point (d) of point 6.3.2.6 and issued by the ACC3 or by the EU aviation security validated regulated agent (RA3), as appropriate;
- (c) the unique identifier of the consignment, such as the number of the house or master air waybill, where applicable;
- (d) the content of the consignment, or indication of consolidation where applicable;
- (e) the reasons for issuing the security status, including the means or method of screening used or the grounds for exempting the consignment from screening, using the standards adopted in the ICAO Consignment Security Declaration scheme.
- In the case of consolidations, the ACC3 or the EU aviation security validated regulated agent (RA3) who has performed the consolidation shall retain the information set out in points (a) to (e) of the first paragraph for each individual consignment at least until the estimated time of arrival of the consignments at the first airport in the Union or for 24 hours, whichever period is longer.
- 6.8.3.7Any air carrier arriving from a third country listed in Attachment 6-F shall ensure compliance with the applicable points laid down in point 6.8.3.6 in respect of cargo and mail transported on board. The accompanying documentation regarding such consignments shall at least comply with the ICAO Consignment Security Declaration scheme or with an alternative scheme providing the required information in an equivalent manner.
- 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 Designation of regulated agents and known consignors
- 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:
- (a) the appropriate authority of the Member State responsible for the ACC3 designation of an air carrier at the third country airport where the applicant handles EU bound cargo; or
- (b) where there is no ACC3 designated air carrier in that country, the appropriate authority of the Member State responsible for the approval of the EU aviation security validator performing, or having performed, the validation.
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:
- (a) the nomination of a person with overall responsibility on the entity's behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and
- (b) an EU aviation security validation report confirming the implementation of security measures.
- 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.
6.8.5 Validation of regulated agents and known consignors
- 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:
- (a) the ACC3's security programme shall set out details of security controls implemented on its behalf by third country entities from which it accepts cargo or mail directly for carriage into the Union. The EU aviation security validation of the ACC3 shall validate the security controls applied by those entities; or
- (b) the third country entities shall submit the relevant cargo handling activities to an EU aviation security validation at intervals not exceeding three years. The EU aviation security validation shall consist of the following:
- (i) an examination of the entity's security programme ensuring its relevance and completeness in respect of the operations performed; and
- (ii) on-site verification of the implementation of aviation security measures in respect of the relevant cargo operations.
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