Civil Aviation Security Regulations, 2004

L.N. 25 of 2004

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

(CAP. 405)

Civil Aviation Security Regulations, 2004

IN exercise of the powers conferred by article 3 of the Airports

and Civil Aviation (Security) Act, the Minister of Justice and Home

Affairs has made the following regulations>-

The title of these regulations is the Civil Aviation Security

Regulations, 2004.

In these regulations, unless the context otherwise requires>

“the Act” means the Airports and Civil Aviation (Security)

Act<

“air carrier” shall have the same meaning assigned to it in the

Allocation of Slots at Airport Regulations, 2001.

“airport” means any area in Malta which is open for

commercial air transport.

“airport operator”, in relation to an airport means the person

who was the management of that airport at the time<

“aviation security” means the combination of the measures

and human and other resources intended to safeguard civil aviation

against acts of unlawful interference<

“Aviation Security Committee” means the body established

by article 5 of the Act<

“Chicago Convention” means the Convention of International

Civil Aviation and its Annexes signed in Chicago on 7 December

1944<

“ECAC” means the European Civil Aviation Conference<

“ECAC Document 30” means the Document published by

ECAC entitled ECAC Policy Statement in the Field of Civil

Aviation Security 11th Edition<

“Manager Airport Security” shall have the same meaning as

that assigned to it by article 2 of the Act<

“security measures” means those aviation security measures

based on the current recommendations of ECAC.

(1) The common basic standards on aviation security Common standards.

measures to be applied in airports are based on the current

recommendations of ECAC Document 30 and Annex 17 to the Chicago

Convention.

Provided that in the case of airports with a yearly average operation

of two commercial flights a day or having only general aviation flight

operations or having a commercial activity limited to aircraft with less

than 10 tonnes maximum take off weight or less than 20 seats, and

where the security measures specified in ECAC Document 30 are

considered disproportionate, these security measures may be reduced

for reasons of practicality on the basis of a local risk assessment taking

into account the particularities of such airport, whilst ensuring an

adequate level of protection.

(2) The measures necessary for the implementation and the

technical adaptation of these common basic standards shall be adopted

with due consideration being given to the various types of operation

and to the sensitivity of the measures relating to>

(a) Performance criteria and acceptance tests for equipment<

(b) Detailed documents containing sensitive information<

(c)

Detailed criteria for exemption of security measures.

(3) The Aviation Security Committee may, on the basis of

a local risk assessment, and where the application of the security

measures may be disproportionate, or where they can not be

implemented for objective practical reasons, adopt national security

measures to provide an adequate level of protection.

(1) The Aviation Security Committee shall adopt a national Security

programmes.

civil aviation security programme in order to ensure the application of

the common standards referred to in regulation 3(1) and the measures

adopted in accordance with regulation 3(2) by the dates specified in

ECAC Document 30.

(2) The Aviation Security Committee shall ensure the

development and implementation of a national civil aviation security

quality control programme so as to ensure the effectiveness of the

national civil aviation security programme.

(3) The national civil aviation security quality control

programme shall be based on best practices and allow for the swift

detection and correction of failures.

(4) The Aviation Security Committee shall also ensure that

the airport operator and air carriers providing services from Malta

establish, implement and maintain airport and air carrier security

programmes appropriate to meet the requirements of the national civil

aviation security programme. These security programmes shall be

submitted by the airport operator and air carriers for approval of and

shall be monitored by the Manager Airport Security. Each security

programme shall provide that an airport shall be regularly audited by

the Manager Airport Security.

(5) The Aviation Security Committee shall also ensure the

development and implementation of a national civil aviation security

training programme.

A person authorised by the Commission of the European

Union, in consultation with the Government of Malta, to carry out an

inspection on any airport in Malta in connection with the application of

aviation security matters shall be deemed to have the powers of

inspection granted to an authorised officer under Article 23 of the Act.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press