CIVIL AVIATION SECURITY REGULATIONS

SUBSIDIARY LEGISLATION 405.03

CIVIL AVIATION SECURITY REGULATIONS

20th January, 2004

LEGAL NOTICE 25 of 2004, as amended by Legal Notice 283 of 2015.

The title of these regulations is the Civil Aviation Security

Regulations.

In these regulations, unless the context otherwise requires -

"the Act" means the Airports and Civil Aviation (Security) Act;

"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

a n a i r p o r t o r o n t h e p r e m i s e s o f a n a e r o n a u t i c a l f a c i l i t y,

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;

"air carrier" means an air transport undertaking holding a valid

operating licence or equivalent;

"airport" shall have the same meaning as that assigned to it by

article 2 of the Act;

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

organisation or enterprise engaged in the management of an airport

at the time;

"appropriate authority" means the national authority designated

by t he M i ni s t e r t o b e r e s po n s i b le f o r th e c oo r d in a ti o n a nd

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;

"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;

"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;

"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;

"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;

"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.

The Head Aviation Security and his department shall

be the appropriate authority for Civil Aviation Security in Malta.

(1) The common basic standards to be applied in airports

s h a l l b e i n c l u d e d i n t h e N a t i o n a l C i v i l Av i a t i o n S e c u r i t y

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.

The Aviation Security Committee may instruct the Head

Aviation Security to 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.

(1) The Aviation Security Committee may instruct the

Head Aviation 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.

(1) The Head Aviation Security shall draw up, apply and

maintain a National Civil Aviation Security Programme. The

programme shall define the responsibilities for the implementation

of the com mo n basic st an dards referred t o 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.

(1) The Head Aviation Security shall draw up, apply and

maintain a National Civil Aviation Security Quality Control

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 draw up, apply and

maintain a National Civil Aviation Security Training Programme.

The Aviation Security Committee shall approve the programme

before the Head Aviation Security commences to apply the said

programme.

(1) Every airport operator shall draw up, apply and

maintain an Airport 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

R e g u l a t i o n a n d w i t h t h e N a t i o n a l C i v i l Av i a t i o n S e c u r i t y

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 Maltese operating license shall

draw up, apply 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 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 q uality c ontrol pro vi sio ns d escrib i ng h ow

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 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, after carrying out an audit

or other compliance monitoring activity on an entity, airport

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 regulation 13 are

classified by the Head Aviation Security as being ‘not complaint’

or ‘not compliant with serious deficiencies’ in 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,

s u bm i t a n a c t i on p la n w h e r e i n th e r e s ha l l b e i nd i c a te d t h e

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 air carrier fails to

submit an action plan, fails to make the necessary amendments to

the action plan or fails to comply with the approved 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 Committee shall have the power

to impose administrative fines established by these regulations, on

any entity, airport operator and, 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 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 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(9) 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 Code of Organization

a n d C i v i l P r o c e d u r e , s h a l l , m u t a ti s m u t a n d i s, a p p l y t o t h e

administrative fines established by these 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)

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

CIVIL AVIATION SECURITY

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