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L.S. 405.03 Regolamenti dwar is-Sigurtà fl-Avjazzjoni Ċivili

[ S.L.405.03 CIVIL AVIATION SECURITY 1 SUBSIDIARY LEGISLATION 405.03 CIVIL AVIATION SECURITY REGULATIONS 20th January, 2004 LEGAL NOTICE 25 of 2004, as amended by Legal Notice 283 of

  2. The title of these regulations is the Civil Aviation Security Regulations.
  3. 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 Citation. Interpretation. Amended by: L.N. 283 of
  4. Cap.
  5. 2 [ S.L.405.03 CIVIL AVIATION SECURITY 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; Appropriate authority. Added by: L.N. 283 of
  6. "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. 2A. The Head Aviation Security and his department shall be the appropriate authority for Civil Aviation Security in Malta. CIVIL AVIATION SECURITY [ S.L.405.03 3.

(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. 3 Common standards. Substituted by: L.N. 283 of 2015.
(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.
  1. 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: Alternative security measures. Substituted by: L.N. 283 of
  2. 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. 5.
(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. More stringent measures. Substituted by: L.N. 283 of 2015.
(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. 6.
(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. National Civil Aviation Security Programme. Added by: L.N. 283 of 2015. 4 [ S.L.405.03 National Civil Aviation Security Quality Control Programme. Added by: L.N. 283 of 2015. CIVIL AVIATION SECURITY 7.
(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. National Civil Aviation Security Training Programme. Added by: L.N. 283 of
  1. Airport Operator Security Programme. Added by: L.N. 283 of
  3. 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. 9.
(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. Air Carrier Security Programme. Added by: L.N. 283 of 2015. 10.
(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: CIVIL AVIATION SECURITY [ S.L.405.03 5 (a) the security measures applied by the appropriate authority under article 4; and, or (b) local procedures that are applicable at the airports served. 11.
(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. Entity Security Programme. Added by: L.N. 283 of 2015.
(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. 12. 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. 13.
(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: Monitoring. Added by: L.N. 283 of 2015. Classification of findings by the Head Aviation Security. Added by: L.N. 283 of 2015. (
  1. a)fully compliant; (
  2. b)compliant but improvement desired; (
  3. c)not compliant; or (
  4. 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. 14.
(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 Non-compliance with the National Civil Aviation Security Programme. Added by: L.N. 283 of 2015. 6 [ S.L.405.03 CIVIL AVIATION SECURITY 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. Failure to correct deficiencies found by the Head Aviation Security. Added by: L.N. 283 of 2015. 15. 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: (
  1. 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 (
  2. 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 (
  3. c)report the deficiencies to the Aviation Security Committee. Aviation Security Committee to impose administrative fines. Added by: L.N. 283 of 2015. 16.
(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. Administrative fines. 17.
(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, [ S.L.405.03 CIVIL AVIATION SECURITY 7 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. 18.
(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. Right of appeal. Added by: L.N. 283 of
  1. Cap.
  3. 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. Debt recovery procedure. Added by: L.N. 283 of
  4. Cap.
  5. Schedule Added by: L.N. 283 of
  6. Administrative Fines National Civil Aviation Security Programme Title
  7. 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 Fine (€) Entity and, or operator found to be non-complaint in terms of regulation 13
(2)(c) 250 500 Entity and, or operator found to be non-complaint in terms of regulation 13
(2)(d) 500 1000 500 1000 8 [ S.L.405.03 CIVIL AVIATION SECURITY 1.4 Examination of vehicles 1.5 Surveillance, patrols and other physical controls
  1. Demarcated areas of airports
  2. Aircraft security 3.1 Aircraft security search 3.2 Aircraft protection
  3. 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
  4. 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
  5. 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
  6. Air carrier mail and air carrier materials
  7. In-flight supplies
  8. Airport supplies
  9. In-flight security measures
  10. Staff recruitment and training 11.
  11. 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 500 1000 250 250 250 - 500 500 500 - 500 1000 250 250 - 500 500 - 500 250 250 - 1000 500 500 - 250 500 250 500 250 500 250 500 250 500 500 250 - 500 1000 1000 1000 - 250 500 250 500

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