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A new Commission Implementing Regulation (EU) No. 859/2011 of 25 August 2011, has amended Regulation (EU) N0. 185/2010 of 4 March 2010. It contains rules for cargo and mail being carried to EU airports from third countries. This Regulation is complemented by a Commission decision

which is confidential and addressed only to the member states. This new regulation framework enters into force on 1 February 2012. New concept: 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 unauthorized interference from the time that those controls were applied, it shall

be screened by a regulated agent before being loaded on to an an aircraft.

This concept is applying to both, flights within the EU and inbound to the EU. The detailed measures are established in the new Commission decision (confidential one).

� Increase control on inbound traffic to the EU: Cargo and mail from 3rd countries (EEA countries) This new regulation differentiates between the following three categories:

1. 3rd Countries recognized by the EU as applying security standards equivalent to the EU common basic standards. Those countries are listed in the Commission decision (confidential). No additional measures are applicable here. 2. 3rd Countries for which ACC3 (Air Cargo or mail carrier operating into the EU from a 3rd country airport) designation is not required. Those countries are listed in the new Commission decision (Confidential) 3. Carriers for which ACC3 designation is required. There is a new set of security rules for these carriers.

The ACC3 carriers are designated for 3rd country airports on a pre-airport basis but once recognized in one EU airport, it should be counted for all EU airports (Single market approach).

High-risk cargo or mail (HRCM): Consignments which appear to have been significantly tampered with or which are otherwise suspect shall be treated as high risk cargo or mail.

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Until 30 June 2014, the security programme of the ACC3 should be compliant with EU requirements. The ACC3 should also submit a “declaration of commitment” to the appropriate authority and nominate a person responsible. Airlines will have to detail in their security programme the security controls

implemented by Regulated Agents, known consignors and Account consignors,

and their own procedure of recognition in 3rd countries. By 1 July 2014, on-site verifications at the airport for which the ACC3 has been designated will be carried out by independent validators. These can be representatives of the national authority of a member state or any other physical or legal person recognized by a member state or the Commission for this purpose.

This implies that Regulated Agents, known

consignors and Account Consignors from which the ACC3 receives postal consignments will have to be validated. If validation complies, the ACC3 will be entered into the EU database of Regulated Agents and known consignors and will be recognized in all EU member states.

After validation, airlines must maintain their own database with the details of Regulated

Agents, known consignors and Account Consignors from which they are accepting mail or cargo. The database entry should have allocated an unique alphanumeric identifier in the standard format that identifies the carrier and the 3rd country airport from which it is carrying cargo into the EU. This identification shall appear on the documentation accompanying the consignments carried, either electronically or writing. The Acc3 shall ensure that all cargo and mail carried for transfer, transit or unloading at an EU airport is screened, unless;

1. the required security controls have been applied to the consignment by a RA and the consignment has been protected from unauthorized interference from the time that those security controls were applied and until loading; or 2. the required security controls have been applied to the consignment by a known consignor and the consignment has been protected from unauthorized interference from the time that those security controls were applied and until loading; or 3. the required security controls have been applied to the consignment by an account consignor, the consignment has been protected from unauthorized

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interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or 4. the consignment is exempted from screening (mentioned in the Commission decision, confidential) and protected from unauthorized interference from the time that it became identifiable air cargo of identifiable airmail and until loading.

Until 30 June 2014, the screening requirements must, as minimum, comply with ICAO standards. Thereafter, the EU screening methods listed in the confidential Commission decision have to be applied. The security status of the consignment shall be indicated in the accompanying documentation, either in the form of an AWB (Air Way Bill), its equivalent postal documentation or in a separate declaration, and either in an electronical format or in writing

Miguel A. Gonzalez Security Manager

Phone: +34 618928361 E-mail: miguel.angel.gonzalez.morinigo@gmail.com

Web-page: http://es.linkedin.com/in/miguelangelgonzalezmorinigo