Division 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

6.8.1.1.

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):

1. (a)

   by the appropriate authority of the Member State that issued the air carrier’s Air Operator’s Certificate;

2. (b)

   by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EC) No 748/2009^f1 as amended by Regulation (EU) No 394/2011^f2 on the list of aircraft operators which had performed an aviation activity within the meaning of Annex I to Directive 2003/87/EC of the European Parliament and of the Council^f3 on or after 1 January 2006, for air carriers that do not hold an Air Operator’s Certificate issued by a Member State;

3. (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

1. (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

2. (b)

   until 30 June 2014, a “Declaration of commitments — ACC3” as set out in attachment 6-H confirming the implementation of the security programme covering the points as specified in Attachment 6-G. The declaration shall be signed on behalf of the air carrier by its legal representative or by the person responsible for security. Either a copy or the original shall be retained by the appropriate authority until the expiry date of the ACC3 designation;

3. (c)

   from 1 July 2014, an EU aviation security validation report confirming the implementation of security measures.

6.8.1.3.

The appropriate authority shall allocate to the ACC3 designated 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 of regulated agents and known consignors, for a maximum period of five years.

6.8.1.5.

An ACC3 listed on the Union database of regulated agents and known consignors 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

1. (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

2. (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. 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. 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:

   1. (a)

      this option is requested by an air carrier which operates several relevant air cargo operations;

   2. (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;

   3. (c)

      the representative number shall be at least 3 or 5 %, whichever is the higher, and all airports situated in a high risk origin;

   4. (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;

   5. (e)

      all ACC3 designations shall end on the same day;

   6. (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 can designate an air carrier as ACC3 for a limited period, ending on 30 June 2016 at the latest, where an EU aviation security validation could not take place for objective reasons beyond the responsibility of the air carrier. Where such a designation is granted for a period of more than three months the appropriate authority shall have verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation.

6.8.2.4.

Where the EU aviation security validation of an ACC3 took place before 1 July 2014 and did not confirm implementation of the requirements of the second sentence of point 6.8.3.2, the ACC3 shall provide the appropriate authority with proof of implementation of these requirements, by 1 July 2014 at the latest. Proof shall consist of an update of the respective part of the security programme and may consist of a follow-up on-site verification.

6.8.2.5.

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:

1. (a)

   the required security controls have been applied to the consignment by an EU aviation security validated regulated agent and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or

2. (b)

   the required security controls have been applied to the consignment by an EU aviation security validated known consignor and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or

3. (c)

   the required security controls have been applied to the consignment by an account consignor, under the responsibility of an EU aviation security validated regulated agent, the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or

4. (d)

   the consignment is exempted from screening in accordance with point 6.1.1.d of Regulation (EU) No 185/2010 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.

Until 30 June 2014, the screening requirements set out in point 6.8.3.1 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 Commission Decision 2010/774/EU to a standard sufficient to reasonably ensure that it contains no prohibited articles.

6.8.3.3.

The ACC3 shall ensure in respect of:

1. (a)

   transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied 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.

2. (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.

The unique alphanumeric identifier of the ACC3 and the security status of the consignment as referred to in point 6.3.2.6(d) and issued by an EU aviation security validated regulated agent shall be indicated in the accompanying documentation, either in the form of an air waybill, equivalent postal documentation or in a separate declaration and either in an electronic format or in writing.

6.8.3.5.

In the absence of a regulated agent referred to in point 6.8.4, the ACC3 or an air carrier arriving from a third country listed in Attachment 6Fii may issue the security status declaration.

6.8.4.

Validation of regulated agents and known consignors

6.8.4.1.

In order to become EU aviation security validated regulated agent or known consignor third country entities shall be validated according to one of the following two options and be listed in the database of the ACC3(s) to which it directly delivers cargo or mail for carriage into the Union:

1. (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

2. (b)

   the third country entities submit the relevant cargo handling activities to an EU aviation security validation at intervals not exceeding five years and provide ACC3(s) with a copy of the validation report.

6.8.4.2.

If the EU aviation security validation according to point 6.8.4.1(b) concludes that the entity

1. (a)

   has succeeded in complying with the objectives referred to in the relevant checklist, the validation report shall state that the entity is designated EU aviation security validated regulated agent or known consignor. The validator shall provide the validated entity with the original of the validation report;

2. (b)

   has failed to comply with the objectives referred to in the relevant checklist, the entity is not authorised to operate cargo for carriage into the EU. It shall receive a copy of the completed checklist stating the deficiencies.

6.8.4.3.

The ACC3 shall maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.4.1, from which it directly accepts cargo or mail for carriage into the Union:

1. (a)

   the company details, including the bona fide business address;

2. (b)

   the nature of the business, excluding business sensitive information;

3. (c)

   contact details, including those of the person(s) responsible for security;

4. (d)

   the company registration number, if applicable;

5. (e)

   where available and at the latest as of 1 July 2014, the validation report.

The database shall be available for inspection of the ACC3.

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

6.8.5.

Non-compliance and discontinuation of ACC3 designation

6.8.5.1.

Non-compliance

1.

If the Commission or an appropriate authority identifies a serious deficiency relating to an ACC3 operation which is deemed to have a significant impact on the overall level of aviation security in the Union it shall:

1. (a)

   inform the ACC3 concerned promptly, request comments and appropriate measures rectifying the serious deficiency;

2. (b)

   promptly inform the Commission and other Member States.

2.

Where an appropriate authority has not achieved rectification, the Commission may, after consulting the regulatory committee for civil aviation security, conclude that the carrier can no longer be recognised as an ACC3, either for specific or for all routes from third countries into the Union. In such cases, details of the ACC3 shall be removed from the Union database of regulated agents and known consignors.

3.

An air carrier whose recognition as an ACC3 has been withdrawn in accordance with point 6.8.5.1 shall not be reinstated or included in the Union database of regulated agents or known consignors until an EU aviation security validation has confirmed that the serious deficiency has been rectified and the committee on civil aviation security has been informed thereof by the relevant appropriate authority.

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”:

1. (a)

   at the request or in agreement with the air carrier; or

2. (b)

   where the ACC3 does not pursue relevant cargo operations and does not react to a request for comments or otherwise obstructs the assessment of risk to aviation.’.