Civil Aviation Security (Amendment) Regulations, 2015

L.N. 283 of 2015

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

(CAP. 405)

Civil Aviation Security (Amendment) Regulations, 2015

IN exercise of the powers conferred by article 3(1) of the

Airports and Civil Aviation (Security) Act, the Minister for Home

Affairs and National Security, has made the following regulations:-

(1) The title of these regulations is the Civil Aviation Citation and

Security (Amendment) Regulations, 2015, and these regulations shall scope.

be read and construed as one with the Civil Aviation Security S.L. 405.03

Regulations, hereinafter referred to as the "principal regulations".

(2) These regulations provide for the implementation of the

provisions of Regulation (EC) No 300/2008 of the European

Parliament and of the Council of 11 March 2008 on common rules in

the field of civil aviation security, hereinafter referred to as the

"Principal Regulation".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Act", there

shall be added the following new definition

" "acts of unlawful interference" means those acts

or attempted acts which jeopardize or may jeopardize the

safety of civil aviation, including but not limited to

unlawful seizure of an aircraft, destruction of an aircraft in

service, hostage-taking on board an aircraft or on

aerodromes, forcible intrusion on board an aircraft, at an

airport or on the premises of an aeronautical facility,

introduction on board an aircraft or at an airport of a

weapon or hazardous device or material intended for

criminal purposes, use of an aircraft in service for the

purpose of causing death, serious bodily injury, or serious

damage to property or the environment, communication of

false information such as to jeopardize the safety of an

aircraft in flight or on the ground, of passengers, crew,

ground personnel or the general public, at an airport or on

the premises of a civil aviation facility;";

(b)

the definition "air carrier" shall be substituted by the

following new definition

" "air carrier" means an air transport undertaking

holding a valid operating licence or equivalent;";

(c)

the definition "airport" shall be substituted by the

following new definition

" "airport" shall have the same meaning as that

assigned to it by article 2 of the Act;";

(d) the definition "airport operator" shall be substituted

by the following new definition

" "airport operator", in relation to an airport, means

the person, organisation or enterprise engaged in the

management of an airport at the time;

(e)

immediately after the definition "airport operator"

there shall be added the following new definition

" "appropriate authority" means the national

authority designated by the Minister to be responsible for

the coordination and monitoring of the implementation of

the common basic standards referred to in Article 4 of the

Principal Regulation and for the coordination and

monitoring of the implementation of Malta’s National

Civil Aviation Security Programme;";

(f)

immediately after the definition "Chicago

Convention" there shall be added the following new definitions

" "civil aviation" means any air operation carried

out by civil aircraft and excluding operations carried out

by State aircraft;

"common basic standards" means the Community

rules intended to protect civil aviation against acts of

unlawful interference that jeopardise the security of civil

aviation;

"compliance monitoring activities" means any

procedure or process used for assessing the

implementation of the National Civil Aviation Security

Programme;

"deficiency" means a failure to comply with an

aviation security measure;";

(g) the definition "ECAC" and the definition "ECAC

Document 30" shall be deleted;

(h) immediately after the new definition "deficiency"

there shall be added the following new definitions

" "entity" means a person, organisation or

enterprise, other than an operator, including but not limited

to regulated agents, regulated suppliers, known consignors

and known suppliers;

"Head Aviation Security" shall have the same

meaning as that assigned to it by article 2 of the Act;

"known consignor" means a consignor who

originates cargo or mail for its own account and whose

procedures meet common security rules and standards

sufficient to allow carriage of cargo or mail on any aircraft;

"known supplier" means a supplier whose

procedures meet common security rules and standards

sufficient to allow delivery of supplies to security

restricted areas of airports, air carriers or regulated

suppliers, but not directly to aircraft;";

(i)

the definition "Manager Airport Security" shall be

deleted;

(j)

immediately after the new definition "known

supplier" there shall be added the following new definitions

" "National Civil Aviation Security Programme"

means the document with details of aviation security

measures, regulations, responsibilities and acceptable

means of compliance that are necessary to protect

passengers, crew, ground personnel and the general public

from acts of unlawful interference with civil aviation;

"operator" means a person, organisation or

enterprise engaged, or offering to engage, in an air

transport operation;

"Principal Regulation" means Regulation (EC) No

300/2008 of the European Parliament and of the Council of

11 March 2008 on common rules in the field of civil

aviation security;

"regulated

agent"

means

an

agent,

freight

forwarder or any other entity which ensures security

controls in respect of cargo or mail;

"regulated supplier" means a supplier whose

procedures meet common security rules and standards

sufficient to allow delivery of supplies directly to an

aircraft;";

(k) the definition "security measures"

shall

be

substituted by the following new definition

" "security measures" means those aviation

measures intended to implement the common basic

standards which measures are included in the National

Civil Aviation Security Programme and based on

Commission Regulation (EU) 185/2010 and Commission

Decision 2010/774/EU as amended.".

Immediately after regulation 2 of the principal regulations,

there shall be added the following new regulation

" Appropriate

2A. The Head Aviation Security and his

authority.

department shall be the appropriate authority

for Civil Aviation Security in Malta.".

Regulation 3 of the principal regulations shall be

substituted by the following

" Common

3. (1) The common basic standards

standards.

to be applied in airports shall be included in the

National Civil Aviation Security Programme

and shall be based on Annex 17 to the Chicago

Convention and the Principal Regulation

(2) The Aviation Security Committee

shall ensure the application of the common

basic standards referred to in the Principal

Regulation. Where the Head Aviation Security

has reason to believe that the level of aviation

security has been compromised through a

security breach, it shall ensure that appropriate

and prompt action is taken to rectify that

breach and ensure the continuing security of

civil aviation.".

Regulation 4 of the principal regulations shall be

substituted by the following

" Alternative

4. The Aviation Security Committee

security

may instruct the Head Aviation Security to

measures.

derogate from the common basic standards

referred to in the Principal Regulation and

adopt alternative security measures that

provide an adequate level of protection on the

basis of a local risk assessment at airports or

demarcated areas of airports in accordance

with criteria listed in the National Civil

Aviation Security Programme

Provided that alternative security

measures shall be justified by reasons relating

to the size of the aircraft, or by reasons relating

to the nature, scale or frequency of operations

or of other relevant activities. The Head

Aviation Security shall inform the Commission

of such measures.".

Regulation 5 of the principal regulations shall be Substitutes

regulation 5 of

substituted by the following

the principal

regulations.

" More

5. (1) The

Aviation

Security

stringent

Committee may instruct the Head Aviation

measures.

Security to apply more stringent measures than

the common basic standards referred to in the

Principal Regulation. The Aviation Security

Committee shall act on the basis of a risk

assessment

and

in

compliance

with

Community law. The measures shall be

relevant, objective, non-discriminatory and

proportional to the risk that is being addressed.

(2) The Head Aviation Security shall

inform the Commission of such measures as

soon as possible after their application

Provided that this shall not be

required where the measures concerned are

limited to a given flight on a specific date.".

Immediately after regulation 5 of the principal regulations, Adds new

regulations to

there shall be inserted the following new regulations

the principal

regulations.

" National Civil

6. (1) The Head Aviation Security

Aviation

shall draw up, apply and maintain a National

Security

Civil Aviation Security Programme. The

Programme.

programme shall define the responsibilities for

the implementation of the common basic

standards referred to in the Principal

Regulation and shall describe the security

measures required and which are to be adhered

to by operators and entities for this purpose.

The Aviation Security Committee shall

approve the National Civil Aviation Security

Programme before the Head Aviation Security

commences to apply it.

(2) The Head Aviation Security shall

make available in writing on a ‘need to know’

basis the appropriate parts of its national civil

aviation security programme to operators and

entities which it deems to have a legitimate

interest.

7. (1) The Head Aviation Security

National Civil

Aviation

shall draw up, apply and maintain a National

Security

Quality Control

Civil Aviation Security Quality Control

Programme.

Programme. The programme shall enable the

Head Aviation Security to check the quality of

civil aviation security in order to monitor

compliance both with the Principal Regulation

and with the National Civil Aviation Security

Programme. The Aviation Security Committee

shall approve the programme before the Head

Aviation Security commences to apply the

National Civil Aviation Security Quality

Control Programme.

(2) The National Civil Aviation

Security Quality Control Programme shall

allow for the swift detection and correction of

deficiencies

Provided that all airports, operators

and entities responsible for the implementation

of aviation security measures shall be regularly

monitored by the Head Aviation Security or a

public officer designated by him.

The Head Aviation Security shall

National Civil

Aviation

draw up, apply and maintain a National Civil

Security

Training

Aviation Security Training Programme. The

Programme.

Aviation Security Committee shall approve the

programme before the Head Aviation Security

commences to apply the said programme.

(1) Every airport operator shall

Airport

Operator

draw up, apply and maintain an Airport

Security

Programme.

Operator Security Programme. The programme

shall describe the methods and procedures

which are to be followed by the airport

operator in order to comply both with the

Principal Regulation and with the National

Civil Aviation Security Programme.

(2) The programme shall include

internal quality control provisions describing

how compliance with these methods and

procedures is to be monitored by the airport

operator.

(3) The airport security programme

shall be submitted to the Head Aviation

Security, which may either approve it or direct

the airport operator to make necessary

amendments.

(1) Every air carrier with a

Air Carrier

Security

Maltese operating license shall draw up, apply

Programme.

and maintain an Air Carrier Security

Programme. The programme shall describe the

methods and procedures which are to be

followed by the air carrier in order to comply

both with the Principal Regulation and with the

National Civil Aviation Security Programme.

The programme shall include internal quality

control provisions describing how compliance

with these methods and procedures is to be

monitored by the air carrier.

(2) The

Air

Carrier

Security

Programme shall be submitted to the Head

Aviation Security, which may either approve it

or direct the airport operator to make necessary

amendments.

(3) The Head Aviation Security shall

recognise the security programme of a

Community air carrier that has been approved

by the appropriate authority of the Member

State granting the operating licence. This is

without prejudice to the Head Aviation

Security’s right to request from any air carrier

details of its implementation of

(a)

the security measures applied

by the appropriate authority under article

4; and, or

(b) local procedures that are

applicable at the airports served.

(1) Every entity required under

Entity Security

Programme.

the National Civil Aviation Security

Programme to apply aviation security

measures shall draw up, apply and maintain an

Entity Security Programme. The programme

shall describe the methods and procedures

which are to be followed by the entity in order

to comply with the National Civil Aviation

Security Programme. The programme shall

include internal quality control provisions

describing how compliance with these methods

and procedures is to be monitored by the entity

itself.

(2) The entity security programme shall

be submitted to the Head Aviation Security,

which may either approve it or direct the entity

to make necessary amendments.

The Aviation Security Committee

Monitoring.

shall ensure that airport operators, air carriers

and entities providing services from Malta

establish, implement and maintain security

programmes appropriate to meet the

requirements of the National Civil Aviation

Security

Programme.

These

security

programmes shall be monitored and regularly

audited by the Head Aviation Security.

(1) The Head Aviation Security,

Classification

of findings by

after carrying out an audit or other compliance

the Head

Aviation

monitoring activity on an entity, airport

Security.

operator and, or air carrier, shall draw up a

report wherein he shall state the findings.

(2) The Head Aviation Security shall

classify these findings into one of the

following four categories

(a)

fully compliant;

(b) compliant but improvement

desired;

(c)

not compliant; or

(d) not compliant with serious

deficiencies

Provided that the Head Aviation

Security shall give reasons for his decision to

classify the findings as such.

(3) The report shall be communicated to

the entity, airport operator and, or air carrier.

(1) If the findings mentioned in

Non-

compliance

regulation 13 are classified by the Head

with the

National Civil

Aviation Security as being ‘not complaint’ or

Aviation

‘not compliant with serious deficiencies’ in

Security

Programme.

terms of regulations 13(2)(c) or 13(2)(d)

respectively, the entity, airport operator and, or

air carrier shall, within two weeks from receipt

of the report, submit an action plan wherein

there shall be indicated the corrective actions

which are to be taken by the entity, airport

operator and, or air carrier in order to address

its deficiencies including the deadlines when

such deficiencies shall be fully rectified.

(2) The Head Aviation Security shall

examine the action plan and may either

approve it or direct the entity, airport operator

and, or air carrier concerned to make the

necessary amendments within a stipulated

period of time.

(3) The implementation of the action

plan shall be monitored by the Head Aviation

Security.

If an entity, airport operator and, or

Failure to

correct

air carrier fails to submit an action plan, fails to

deficiencies

found by the

make the necessary amendments to the action

Head Aviation

plan or fails to comply with the approved

Security.

action plan, the Head Aviation Security may,

depending on the severity and the particular

circumstances of the case

(a)

give

advice

or

make

recommendations to the entity, airport

operator and, or air carrier in order to

explain the need to rectify the

deficiencies identified during the

compliance monitoring activities; and, or

(b) issue a formal warning

whereby he directs the entity, airport

operator and, or air carrier to

immediately rectify its deficiencies

Provided that the Head

Aviation Security shall inform the entity,

airport operator and, or air carrier that

failure to rectify its deficiencies may lead

to the imposition of administrative fines

in terms of these regulations; and, or

(c)

report the deficiencies to the

Aviation Security Committee.

(1) The

Aviation

Security

Aviation

Security

Committee shall have the power to impose

Committee to

impose

administrative fines established by these

administrative

regulations, on any entity, airport operator and,

fines.

or air carrier reported by the Head Aviation

Security, as being non-compliant with the

National Civil Aviation Security Programme.

(2) Prior to deciding on whether an

entity, airport operator and, or air carrier are

compliant with the National Civil Aviation

Security Programme or not, the Aviation

Security Committee shall allow the entity,

airport operator and, or air carrier concerned to

provide documentation or make submissions as

it deems fit.

(3) The Aviation Security Committee

may, if it deems necessary, ask for more

information or documentation from the Head

Aviation Security or from the entity, airport

operator and, or air carrier concerned.

(4) The Aviation Security Committee

shall give reasons for its decision.

(1) Whenever

the

Aviation

Administrative

fines.

Security Committee finds that an entity, airport

operator and, or air carrier has not complied

with the National Civil Aviation Security

Programme and, or has not taken the necessary

measures in terms of these regulations or in

terms of the Principal Regulation to remedy its

deficiencies, it shall impose an administrative

fine as provided for in the Schedule.

(2) In its decision the Aviation Security

Committee shall provide a time-frame within

which the entity, airport operator and, or air

carrier is to pay the administrative fine and a

time-frame within which the entity, airport

operator and, or air carrier is to remedy its

deficiencies

Provided that if the entity, airport

operator and, or air carrier does not pay the

administrative fine and, or does not remedy its

deficiencies within the stipulated time-frame,

the Aviation Security Committee shall impose

a further administrative fine equal to the

administrative fine originally imposed

Provided further that if the entity,

airport operator and, or air carrier has remedied

its deficiencies but has not yet paid the

administrative fine or if the entity, airport

operator and, or air carrier has paid the

administrative fine but has not yet remedied its

deficiencies, the further administrative fine

imposed by the Aviation Security Committee

shall be equivalent to half the original fine.

(1) Any decision taken by the

Right of

appeal.

Aviation Security Committee in terms of

regulation 17 may be contested within twenty

days from the notification of the decision by

means of an application filed before the

Administrative Review Tribunal.

(2) Any party to an appeal who feels

aggrieved by a decision of the Administrative

Review Tribunal may, on a question of law,

appeal from such decision by filing an

application to the Court of Appeal constituted

in accordance with article 41(6) of the Code of

Organization and Civil Procedure. Such

application shall be filed within twenty days

from the date of the decision of the

Administrative Review Tribunal.

The provisions of article 466 of the

Debt recovery

procedure.

Code of Organization and Civil Procedure,

shall, mutatis mutandis, apply to the

administrative fines established by these

regulations.".

8. Immediately after the new regulation 19, there shall be

Adds a schedule

to the principal

added the following new schedule

regulations.

"Schedule

Administrative Fines

National Civil Aviation Security

Fine (€)

Programme

Title

Entity and, or

Entity and, or

operator found to be

operator found to be

non-complaint in

non-complaint in

terms of regulation

terms of regulation

13(2)(c)

13(2)(d)

1. Airport security

-

-

1.1 Airport planning requirements

1.2 Access control

1.3 Screening of persons other than

passengers and items carried and

the relevant elements of security

equipment

1.4 Examination of vehicles

1.5 Surveillance, patrols and other

physical controls

2. Demarcated areas of airports

-

-

3. Aircraft security

-

-

3.1 Aircraft security search

3.2 Aircraft protection

4. Passengers and cabin baggage

-

-

4.1 Screening of passengers and

cabin baggage and the relevant

elements of security equipment

4.2 Protection of passengers and

cabin baggage

4.3 Potentially disruptive passengers

5. Hold baggage

-

-

5.1 Screening of hold baggage and

the relevant elements of security

equipment

5.2 Protection of hold baggage

5.3 Baggage reconciliation

6. Cargo and mail

-

-

6.2 All provisions relating to

screening and the relevant

elements of security equipment

6.3 All provisions relating to

security controls applied by a

regulated agent

6.4 All provisions relating to

security controls applied by

known consignors

6.5 All provisions relating to the

protection of cargo and mail at

airports

and

during

transportation

7. Air carrier mail and air carrier

materials

8. In-flight supplies

9. Airport supplies

10. In-flight security measures

11. Staff recruitment and training

-

-

11.1. All provisions relating to staff

recruitment at airport, air carrier,

entity and, or operator

11.2 All provisions relating to staff

training at an airport, air carrier,

entity and, or operator

".