RA3 valideerimisega seoses

European Commission Directorate-General for Mobility and Transport GUIDANCE ON THE IMPLEMENTATION OF THE ACC3 REGIME AS FROM 1 JUNE 2017 Dear Sir/Madam, In your capacity as person responsible for the security of a site or of an airport location subjected to the application of the European Union legislation in the area of air cargo and mail transported into the European Union from a Third Country Airport (ACC3 legislation), the European Commission informs you that the Union implementing legislation in the field of aviation security has recently been subjected to a revision that affects a significant number of legal provisions. The new amendments to Commission Implementing Regulation (EU) No 2015/1998 (contained in Point 6.8 of the Annex thereto) have been introduced by Commission Implementing Regulation (EU) No 2017/815 of 12 May 2017 and will be applicable as from 1 June 2017. The most significant changes can be summarised here below. We recommend you to read them carefully and disseminate them in form of instructions to your staff, as the changes will have an impact on the operations, the security controls required to be implemented, as well as on the duration of the status currently held by the Company you represent and the modalities for the future renewal thereof. Some of them may not apply to you, depending on the status held by the company you represent (ACC3, RA3 or KC3). Those which are relevant for you shall be applied, as from 1 June 2017, in addition to (or modifying) the measures and requirements you currently apply during your operations. A. ATTRIBUTION OF UAI (UNIQUE ALPHANUMERIC IDENTIFIER) FOR THE IDENTIFICATION OF RA3 AND KC3 1. On the basis of this message, in accordance with the new points 6.8.4.5 and 6.8.4.6 of Commission Implementing Regulation (EU) No 2015/1998, the site you represent has been listed as [Third Country Regulated Agent – RA3] or [Third Country Known Consignor – KC3] on the Union Database on Supply Chain Security, and allocated with a Unique Alphanumeric Identifier (UAI), according to the following format: NG/RA3/00014-06 whereby:  NG stands for the ISO Format Code of Nigeria;  RA3 stands for Third Country Regulated Agent (KC3 in case of Known Consignor)  00014 stands for the five-digits number that the Union Database will progressively allocate to Companies (e.g. 00001 for DHL Nigeria, 00002 Swissport Nigeria, 00003 UPS Nigeria, etc.)  -06 stands for the site number six that the Company registered with number 00014 operates in Nigeria. B. SECURITY CONTROLS AND OPERATIONS 2. When tendering consignments to which the Company has applied any security control (acceptance, screening, protection, transport, issue of security status, etc.) to another ACC3 or 1 European Commission Directorate-General for Mobility and Transport RA3, the Company holding ACC3/RA3/KC3 shall indicate the above UAI on the accompanying documentation (§ 6.8.3.4). 3. When accepting consignments, an ACC3 or RA3 shall establish the status of the entity from which the cargo is received (§6.8.3.5). This shall be done by means of both: (a) Verifying if the UAI of the entity delivering the cargo is indicated in the accompanying documentation; and (b) Confirming that the ACC3 or entity delivering the cargo is listed as active in the Union Database on Supply Chain Security for the airport (ACC3) or site (RA/KC3). This can be done by interrogating the search function available here: https://webgate.ec.europa.eu/ksda/publicAccess.htm If the UAI is not mentioned or the status of the company delivering the cargo is not active in the Union Database on Supply Chain Security, you are required to consider the consignment as non- secure and the cargo/mail shall be subjected to screening (or re-screening) and re-attributed with a secure status. 4. After the application of security controls for which the ACC3 or RA3 are competent and responsible, the ACC3 (or the RA3 that operates on behalf of the ACC3) shall ensure the accompanying documentation (AWB, CSD, etc.) established in electronic or in writing form contains, at least: (a) The UAI of the ACC3 flying the cargo (b) The security status of the consignment (see new point 6.3.2.6) issued by an RA3. (c) The unique identifier of the consignment (e.g. the HAWB and or MAWB) (d) The content/description of the consignment (e) The reasons for issuing the security status (means/methods of screening, grounds for exemption) using the CSD scheme. Be advised that the above information will be checked upon arrival at the EU airport during the performance of inspections by the EU authorities at the point of arrival/transfer in the European Union. 5. In accordance with the evolution of the international policy issued by ICAO, the Account Consignor regime will be discontinued as from 30 June 2021. Third Country Regulated Agents (RA3) and ACC3s cannot therefore use Account Consignors as from the abovementioned date. 6. We take the opportunity to inform you that the revision of the ACC3 legislation has also affected both lists of Third Countries contained in Attachments 6-Fii (exemptions from ACC3 designation) and 6-I (High Risk Cargo and Mail). For an update of such lists, you are recommended to approach the appropriate authority of the EU Member State responsible for your designation, or, for the existing RA3 and KC3, one air carrier holding the ACC3 status to which you hand over cargo and/or mail bound to the European Union. C. RA3 AND KC3 STATUS – VALIDATION, DESIGNATION AND DURATION OF THE STATUS 7. By 1 June 2017, the responsibility for the designation of RA3 and KC3 is under the responsibility of the appropriate authority of an EU Member State, similarly to the process currently in place for 2 European Commission Directorate-General for Mobility and Transport the designation of air carriers as ACC3. The completion of an EU aviation security validation exercise is therefore not anymore exhaustive and sufficient to obtain the status. 8. An entity in a third country seeking to obtain the RA3/KC3 status shall address the request to the Appropriate Authority of an EU Member State that shall then assess whether the applicant is eligible to obtain the requested status. Main eligibility condition for an entity is to have a role within the secure supply chain of cargo/mail bound to the European Union. In order to identify the Member State that will be responsible for the designation process, the new point 6.8.4.2 of the legislation allows for two options: (a) The entity seeking RA3/KC3 status approaches the appropriate authority of the EU Member State that is responsible for the ACC3 designation of the air carrier operating at the airport where the entity delivers its cargo/mail bound to the EU (the air carrier will provide the entity with such details). After its eligibility to become RA3/KC3 is confirmed by the EU Member State, the entity will either select an EU aviation security validator of its choice to perform the validation, or follow the instructions of the appropriate authority the entity is in contact with; or (b) The entity seeking RA3/KC3 status identifies an EU aviation validator of its choice and approaches the appropriate authority of the EU Member State responsible for the approval of the validator (the validator will provide the entity with such details). The authority will assess the eligibility of the entity to become RA3/KC3 and allow the validation/designation process to begin. The appropriate authority receiving the request may agree with the Authority of another EU Member State on the delegation of the responsibility of the validation/designation process. In this case the applicant entity will be duly informed on the allocation of the final responsibility. 9. The EU aviation security validation will be conducted in accordance with the new point 6.8.5.1(b) of the legislation, and consists in an examination of the applicant's security programme combined with an on-site verification of the implementation of the security measures. 10.The EU aviation security validation report consists in the (new) validation checklist Attachment 6- C2/6-C4, the (new) Declaration of Commitments 6-H2/6-H3, and the (new) Declaration of the Validator Attachment 11-A. The report is sent by the EU aviation security validator to the appropriate authority of the EU Member State responsible for the designation of the entity (see point 8.). 11.The designation of entities as RA3/KC3 is granted by the responsible Member State on the basis of the positive assessment of the EU aviation security validation report it has received, or in case it has performed the validation directly with positive outcomes. The designation as RA3/KC3 is valid only from the moment the appropriate authority has entered the details of the entity into the Union Database on Supply Chain Security that will generate the Unique Alphanumeric Identifier (UAI), and for a maximum duration of three years. 12.Transitional period for existing RA3/KC3 – For entities who were designated as RA3/KC3 before 1 June 2017, in accordance with point 6.8.4.8 of the above Regulation their status will expire either 3 European Commission Directorate-General for Mobility and Transport five years after their current validation/designation or on 31 March 2020, whichever date comes earlier. For example:  5 years Validation/Designation occurred on 15/10/2014 will expire on 14/10/2019 (5 years)  5 years Validation/Designation occurred on 25/11/2015 will expire on 31/3/2020  5 years Validation/Designation occurred on 1/1/2017 will expire on 31/3/2020. This is therefore notwithstanding the current deadline set out in the EU Aviation Security Validation report that the Company received by the EU Aviation Security Validator. In order to maintain the status beyond 31 March 2020, the entity shall therefore undergo a new designation process (including re-validation), as described in new point 6.8.4 of the legislation (see above point 8.). 13.The provisions related to the operations of the ACC3 air carrier have been amended in accordance with the changes that occurred to the RA3/KC3. This also includes the new Validation checklist Attachment 6-C3 and the Declaration of Commitment Attachment 6-H1. The duration of the ACC3 status remains for a maximum of five years, as well as the mechanism of allocation of responsibility to the current EU Member State of reference. D. NON-COMPLIANCE AND DISCONTINUATION OF THE ACC3, RA3 AND KC3 STATUS 14.The legislative revision has also affected the area related to the compliance monitoring by the Member States and the European Commission. This renders the mechanism of identification of deficiencies and consequent enforcement actions more immediate and effective. The lack of reaction by an EU designated entity (ACC3, RA3, or KC3) to the request of an EU Member State or of the European Commission to provide information or justifications or rectification to a serious deficiency will result in the deactivation of the status held by the company. The consequence of the de-activation requires the repetition of the entire designation process (including the validation) before re-obtaining the status, and may have significant impact on the operations of all entities and carriers operating within the supply chain of the de-activated company. Best regards, European Commission Directorate-General for Mobility and Transport 4 European Commission Directorate-General for Mobility and Transport CONSOLIDATED ACC3 LEGISLATION IN FORCE BY 1 JUNE 2017 6.8 SECURITY PROCEDURES FOR CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES 6.8.1 Designation of air carriers 1. Any air carrier carrying cargo or mail from an airport in a third country not listed in Attachments 6-Fi or 6-Fii for transfer, transit or unloading at any airport falling within the scope of Regulation (EC) No 300/2008 shall be designated as an ‘Air Cargo or Mail Carrier operating into the Union from a Third Country Airport’ (ACC3) by one of the following authorities as appropriate: (a) by the appropriate authority of the Member State that issued the air carrier’s Air Operator’s Certificate; (b) by the appropriate authority of the Member State listed in the Annex to Commission Regulation (EC) No 748/20091, for air carriers that do not hold an Air Operator’s Certificate issued by a Member State; (c) by the appropriate authority of the Member State where the air carrier has its major base of operations in the Union, or any other appropriate authority of the Union by agreement with that appropriate authority, for air carriers not holding an Air Operator’s Certificate issued by a Member State and not listed in the Annex to Regulation (EC) No 748/2009. 2. The designation of an air carrier as ACC3 in respect of its cargo and mail operations from an airport for which ACC3 designation is required (hereafter, the ‘relevant cargo operations’) shall be based on: (a) the nomination of a person with overall responsibility on the air carrier’s behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and (b) an EU aviation security validation report confirming the implementation of security measures. 3. The appropriate authority shall allocate to the designated ACC3 a unique alphanumeric identifier in the standard format identifying the air carrier and the third country airport for which the air carrier has been designated to carry cargo or mail into the Union. 4. The designation shall be valid from the date the appropriate authority has entered the ACC3’s details into the Union database on supply chain security, for a maximum period of five years. 5. An ACC3 listed on the Union database on supply chain security shall be recognised in all Member States for all operations from the third country airport into the Union. 1 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1). 5 European Commission Directorate-General for Mobility and Transport 6.8.2 EU aviation security validation for ACC3 1. The EU aviation security validation in respect of an air carrier’s relevant cargo operations shall consist of: (a) an examination of the air carrier’s security programme ensuring its relevance and completeness in respect of all points set out in Attachment 6-G; and (b) verification of the implementation of aviation security measures in respect of the relevant cargo operations by using the checklist set out in Attachment 6-C3. 2. The EU aviation security validation’s verification of the implementation shall be on- site, to one of the following degrees: 1. At the airport from which the air carrier has relevant cargo operations before ACC3 designation can be granted for that airport. If the EU aviation security validation thereupon establishes the non- implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the appropriate authority shall not designate the air carrier as ACC3 for the relevant cargo operations without proof of the implementation of measures by the air carrier rectifying the deficiency identified. 2. At a representative number of airports with relevant cargo operations of an air carrier before ACC3 designation is granted for all airports with relevant cargo operations of that air carrier. The following conditions apply: (a) this option is requested by an air carrier which operates several relevant air cargo operations; and (b) the appropriate authority has verified that the air carrier applies an internal security quality assurance programme that is equivalent to EU aviation security validation; and (c) the representative number shall be at least 3 or 5 %, whichever is the higher, and all airports situated in a high risk origin; and (d) the appropriate authority has agreed to a roadmap that ensures EU aviation security validations for every year of the designation at additional airports for which ACC3 designation will be granted or until all airports are validated. Those validations shall each year be at least equal in number to those required in (c). The roadmap shall state the reasons underpinning the choice of additional airports; and (e) all ACC3 designations shall end on the same day; and (f) where one of the EU aviation security validations agreed under the roadmap establishes the non-implementation of one or more of the objectives listed in the checklist set out in Attachment 6-C3, the designating appropriate authority shall require proof of the implementation of measures rectifying the deficiency identified at that airport, and, depending on the seriousness of the deficiency, request: - EU aviation security validation of all airports for which ACC3 designation is required in accordance with point 6.8.2.2.1 within a deadline set by the appropriate authority, or - twice the number of the EU aviation security validations established under (d) per each of the remaining years of ACC3 designations. 6 European Commission Directorate-General for Mobility and Transport 3. The appropriate authority may accept the EU aviation security validation report of a third country entity, or of another ACC3, for ACC3 designation in cases where that entity or ACC3 carries out the entire cargo operation, including loading into the hold of the aircraft, on behalf of the applicant ACC3 and the EU aviation security validation report covers all these activities. 4. The EU aviation security validation shall be recorded in a validation report consisting at least of the declaration of commitments as set out in Attachment 6-H1, the checklist set out in Attachment 6-C3 and a declaration by the EU aviation security validator as set out in Attachment 11-A. The EU aviation security validator shall submit the validation report to the appropriate authority and provide the validated air carrier with a copy. 6.8.3 Security controls for cargo and mail arriving from a third country 1. The ACC3 shall ensure that all cargo and mail carried for transfer, transit or unloading at a Union airport is screened, unless: (a) the required security controls have been applied to the consignment by an EU aviation security validated regulated agent (RA3) and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (b) the required security controls have been applied to the consignment by an EU aviation security validated known consignor (KC3) and the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading; or (c) the required security controls have been applied to the consignment by an account consignor (AC3) under the responsibility of the ACC3 or of an EU aviation security validated regulated agent (RA3), the consignment has been protected from unauthorised interference from the time that those security controls were applied and until loading, and it is not carried on a passenger aircraft; or (d) the consignment is exempted from screening in accordance with point 6.1.1(d) and protected from unauthorised interference from the time that it became identifiable air cargo or identifiable air mail and until loading. Point (c) shall apply until 30 June 2021. 2. Cargo and mail carried into the Union shall be screened by one of the means and methods listed in point 6.2.1 to a standard sufficient to reasonably ensure that it contains no prohibited articles. 3. The ACC3 shall ensure in respect of: (a) transfer and transit cargo or mail that screening in accordance with point 6.8.3.2 or security controls have been applied by itself or by an EU aviation security validated entity at the point of origin or elsewhere in the supply chain and such consignments have been protected from unauthorised interference from the time that those security controls were applied and until loading; and (b) high risk cargo and mail that screening in accordance with point 6.7 has been applied by itself or by an EU aviation security validated entity at the point of 7 European Commission Directorate-General for Mobility and Transport origin or elsewhere in the supply chain, that such consignments have been labelled SHR and have been protected from unauthorised interference from the time that those security controls were applied and until loading. 4. When tendering consignments to which it has applied the required security controls to another ACC3 or RA3, the ACC3, RA3, or KC3 shall indicate in the accompanying documentation the unique alphanumeric identifier received from the designating appropriate authority. 5. When accepting any consignments, an ACC3 or RA3 shall establish whether the air carrier or the entity from which it receives the consignments is another ACC3, RA3, or KC3 by the following means of: (a) verifying whether or not the unique alphanumeric identifier of the entity delivering the consignments is indicated on the accompanying documentation; and (b) confirming that the air carrier or entity delivering the consignment is listed as active in the Union database on supply chain security for the specified airport or site, as appropriate. If there is no indication on the accompanying documentation of the identifier, or if the air carrier or entity delivering the consignments is not listed as active in the Union database on supply chain security, it shall be deemed that no security controls have previously been applied, and the consignments shall be screened by the ACC3 or by another EU aviation security validated RA3 before being loaded onto the aircraft. 6. After the security controls referred to in points 6.8.3.1 to 6.8.3.5 have been applied, the ACC3 or the EU aviation security validated regulated agent (RA3) operating on its behalf shall ensure that the accompanying documentation, either in the form of an air waybill, equivalent postal documentation or in a separate declaration and either in an electronic format or in writing, indicate at least: (a) the unique alphanumeric identifier of the ACC3; and (b) the security status of the consignment as referred to in point (d) of point 6.3.2.6 and issued by an EU aviation security validated regulated agent (RA3); and (c) the unique identifier of the consignment, such as the number of the house or master air waybill, when applicable; and (d) the content of the consignment; and (e) the reasons for issuing the security status, including the means or method of screening used or the grounds for exempting the consignment from screening, using the standards adopted in the Consignment Security Declaration scheme. 7. In the absence of a third country regulated agent referred to in point (b) of point 6.8.3.6, the security status declaration may be issued by the ACC3 or by the air carrier arriving from a third country listed in Attachments 6-Fi or 6-Fii. 6.8.4 Validation of regulated agents and known consignors 1. Third country entities being, or intending to be, part of the supply chain of an air carrier holding the status of ACC3, may be designated as either 'third country regulated agent' (RA3) or 'third country known consignor' (KC3) 8 European Commission Directorate-General for Mobility and Transport 2. To obtain designation, the entity shall address the request to: (a) the appropriate authority of the Member State responsible for the ACC3 designation of an air carrier at the third country airport where the applicant handles EU bound cargo; or (b) where there is no ACC3 designated air carrier in that country, the appropriate authority of the Member State responsible for the approval of the EU aviation security validator performing, or having performed, the validation. The appropriate authority receiving the request shall start the designation process, or agree with the appropriate authority of another Member State on its delegation, taking into account political or aviation cooperation, or both. 3. Before designation, the eligibility to obtain RA3 or KC3 status in accordance with point 6.8.4.1 shall be confirmed. 4. The designation of an entity as RA3 or KC3 in respect of its cargo and mail operations (‘relevant cargo operations’) shall be based on the following: (a)the nomination of a person with overall responsibility on the entity's behalf for the implementation of cargo or mail security provisions in respect of the relevant cargo operation; and (b)an EU aviation security validation report confirming the implementation of security measures. 5. The appropriate authority shall allocate to the designated RA3 or KC3 a unique alphanumeric identifier in the standard format identifying the entity and the third country for which it has been designated to implement security provisions in respect of cargo or mail bound for the Union. 6. The designation shall be valid from the date the appropriate authority has entered the entity’s details into the Union database on supply chain security, for a maximum period of three years. 7. An entity listed as RA3 or KC3 on the Union database on supply chain security shall be recognised in all Member States for operations conducted in respect of cargo or mail transported from the third country airport into the Union by an ACC3 8. Designations of RA3 and KC3 issued before 1 June 2017 shall expire five years after their designation or on 31 March 2020, whichever date comes earlier. 9. Upon request by the appropriate authority of their approval, EU aviation security validators shall make available the details contained in Part 1 of the checklist set out in Attachment 6-C2 or Attachment 6-C4, as appropriate, for each entity they have designated, in order to establish a consolidated list of entities designated by EU aviation security validators. 6.8.5 Validation of regulated agents and known consignors 1. In order to be designated as EU aviation security validated regulated agent or known consignor, third country entities shall be validated according to one of the following two options: (a) the ACC3’s security programme shall set out details of security controls implemented on its behalf by third country entities from which it accepts cargo or 9 European Commission Directorate-General for Mobility and Transport mail directly for carriage into the Union. The EU aviation security validation of the ACC3 shall validate the security controls applied by those entities; or (b) the third country entities shall submit the relevant cargo handling activities to an EU aviation security validation at intervals not exceeding three years. The EU aviation security validation shall consist of the following: (i) an examination of the entity's security programme ensuring its relevance and completeness in respect of the operations performed; and (ii)on-site verification of the implementation of aviation security measures in respect of the relevant cargo operations. The validation report shall consist of, for third country regulated agents, the declaration of commitments as set out in Attachment 6-H2 and the checklist set out in Attachment 6-C2, and for third country known consignors, the declaration of commitments as set out in Attachment 6-H3 and the checklist set out in Attachment 6-C4. The validation report shall also include a declaration by the EU aviation security validator, as set out in Attachment 11-A. 2. Once the EU aviation security validation according to point (b) of point 6.8.5.1 has been completed, the EU aviation security validator shall submit the validation report to the appropriate authority and provide the validated entity with a copy. 3. A compliance monitoring activity conducted by the appropriate authority of a Member State or by the Commission may be considered as an EU aviation security validation, provided that it covers all areas specified in the checklist set out in Attachment 6-C2 or 6-C4, as appropriate. 4. The ACC3 shall maintain a database giving at least the following information for each regulated agent or known consignor that has been subject to EU aviation security validation in accordance with point 6.8.5.1, from which it directly accepts cargo or mail for carriage into the Union: (a) the company details, including the bona fide business address; and (b) the nature of the business, excluding business sensitive information; and (c) contact details, including those of the person(s) responsible for security; and (d) the company registration number, if applicable; and (e) where available, the validation report; and (f) the unique alphanumeric identifier attributed in the Union database on supply chain security. Where applicable, the database shall contain the above information for each account consignor under its responsibility in accordance with point (c) of point 6.8.3.1, from which the ACC3 directly accepts cargo or mail for carriage into the Union. The database shall be available for inspection of the ACC3. Other EU aviation security validated entities may maintain such a database. 10 European Commission Directorate-General for Mobility and Transport 5. An air cargo or mail entity operating a network of different sites in third countries may obtain a single designation as EU aviation security validated regulated agent covering all sites of the network, provided that: (a) the relevant aviation security operations of the network, including transport services between sites, are covered by a single security programme or by standardised security programmes; and (b) the implementation of the security programme(s) is subject to a single internal security quality assurance programme that is equivalent to EU aviation security validation; and (c) before designation of the network as EU aviation security regulated agent, the following sites of the entity have been subject to an EU aviation security validation: (i) the site(s) from which cargo or mail is directly delivered to an ACC3, and (ii)at least two or 20% of the sites of the network, whichever is the higher, from which cargo or mail is fed to site(s) referred to in point (i), and (iii)all sites located in third countries listed in Attachment 6-I to Commission Implementing Decision C(2015) 8005. In order to maintain EU aviation security validated regulated agent designation for all sites of the network not validated until 30 June 2018 at the latest, during every year after the year of designation, at least a further two or 20%, whichever is the higher, of the sites from which cargo or mail is fed to the site(s) mentioned in point (i) shall be subjected to an EU aviation security validation, until all sites are validated. An EU aviation security validator shall establish the roadmap listing the order of the locations to be validated each year selected on a random basis. The roadmap shall be established independently from the entity operating the network and may not be changed by that entity. This roadmap shall constitute an integral part of the validation report on the basis of which the network is designated as a third country EU validated regulated agent. Once it has been subjected to an EU aviation security validation, a site of the network shall be considered as a third country regulated agent in accordance with point 6.8.4.2. 6. If the EU aviation security validation of a site of the network referred to in point (ii) of point (c) of point 6.8.5.5 concludes that the site has failed to comply with the objectives referred to in the checklist in Attachment 6-C2, cargo and mail from that site shall be screened at a site designated as third country regulated agent in accordance with point 6.8.4.2 until an EU aviation security validation confirms compliance with the objectives of the checklist. 7. Points 6.8.5.5 and 6.8.5.6 shall expire on 30 June 2018. 11 European Commission Directorate-General for Mobility and Transport 6.8.6 Non-compliance and discontinuation of ACC3 designation 1. Non-Compliance 1. If the Commission or an appropriate authority identifies a serious deficiency relating to the operations of an ACC3, an RA3 or a KC3, which is deemed to have a significant impact on the overall level of aviation security in the Union, it shall: (a) inform the air carrier or entity concerned promptly, request comments and appropriate measures rectifying the serious deficiency; and (b) promptly inform the other Member States and the Commission. 2. Where the ACC3, the RA3 or the KC3 has not rectified the serious deficiency within a specific time-frame, or in case the ACC3, the RA3 or the KC3 does not react to the request set out in point (a) of point 6.8.6.1, the authority, or the Commission shall: (a) deactivate the status as ACC3, RA3 or KC3 of the operator or entity in the Union database on supply chain security; or (b)request the appropriate authority responsible for the designation to deactivate the status as ACC3, RA3 or KC3 of the operator or entity in the Union database on supply chain security. In the situation referred to in the first paragraph, the authority, or the Commission, shall promptly inform the other Member States and the Commission. 3. An air carrier or entity whose status, respectively as an ACC3, RA3 or KC3, has been deactivated in accordance with point 6.8.6.1.2 shall not be reinstated or included in the Union database on supply chain security until an EU aviation security re-designation in accordance with 6.8.1 or 6.8.4 has taken place. 4. If an air carrier or an entity is no longer a holder of the ACC3, RA3 or KC3 status, the appropriate authorities shall undertake appropriate action to satisfy themselves that other ACC3s, RA3s and KC3s under their responsibility, operating in the supply chain of the air carrier or entity that has lost the status, still comply with the requirements of Regulation (EC) No 300/2008. 2. Discontinuation 1. The appropriate authority that designated the ACC3, the RA3 or the KC3, is responsible for removing the details thereof from the ‘Union database on supply chain security’: (a) at the request of or in agreement with the air carrier or the entity; or (b) where the ACC3, the RA3 or the KC3 does not pursue relevant cargo operations and does not react to a request for comments or otherwise obstructs the assessment of risk to aviation. 2. If an air carrier or an entity is no longer a holder of the ACC3, RA3 or KC3 status, the appropriate authorities shall undertake appropriate action to satisfy themselves that other ACC3s, RA3s and KC3s under their responsibility, operating in the supply chain of the air carrier or entity that has been discontinued, still comply with the requirements of Regulation (EC) No 300/2008. E N D 12 European Commission Directorate-General for Mobility and Transport Please note that there have been significant changes also in:  Attachment 6-C2 – New Validation checklist for RA3  Attachment 6-C3 – New Validation checklist for ACC3  Attachment 6-C4 – New Validation checklist for KC3  Attachments 6-H1, 6-H2, 6-H3 – New Declarations of commitments for ACC3, RA3 and KC3  Attachment 11-A – New Independence Declaration for EU Aviation Security Validators  Point 6-Fii in Annex 6-F (List of Third Countries exempted from ACC3) – LIMITED, available on a need-to-know basis through the Member State of reference (or ACC3)  Annex 6-I (List of Third Countries subjected to HRCM rules) – LIMITED, available on a need-to-know basis through the Member State of reference (or ACC3) 13 Teie: 26.07.2017 Meie: 02.08.2017 nr 4.8-1/17/4008 Lugupeetud härra Puutsa Vastuse Teie pöördumisele koostas õigusnõunik Evelina Roosipõld. Lennuametile teadaolevalt on Euroopa Komisjon edastanud kõigile Ühenduse tarneahela andmebaasi kasutajatele, sh valideerijatele ja julgestuse eest vastutavatele isikutele infokirja koos muutunud rakendusakti juhendiga. Nimetatud juhend sisaldab muuhulgas linki, mille kaudu on võimalik andmebaasile ligi pääseda. Edastame Teile käesoleva kirjaga ka juhendi, kui Teil jäi see mingitel põhjustel saamata. Lugupidamisega Marelle Pihlak Üldosakonna juhataja/Kommunikatsioonijuht +372 610 3589 www.ecaa.ee | Lõõtsa 5, Tallinn 11415 Lennuamet From: Anti Puutsa [mailto:[email protected]] Sent: Wednesday, July 26, 2017 10:41 PM To: Evelina Roosipõld <[email protected]> Subject: RA3 valideerimisega seoses Tere Vastavalt määruse 2015/1998 lisa sättele 6.8.3.5 peaks ACC3 saadetiste vastuvõtmisel tegema Ühenduse tarneahela põhise andmebaasi päringu põhjal kindlaks, kas selle kohale toimetanud ettevõte on ACC3, RA3. Kuidas on tänase seisuga tagatud ACC3 ligipääs andmebaasile ning kas andmebaasis on loetletud kõik EU valideeritud RA3 staatusega ettevõtted? Kui pole tagatud ACC3 ligipääs andmebaasile või kui kõik RA3 staatusega ettevõtted pole loetletud, kuidas peaks ACC3 tagama viidatud sätte täitmise? Ette tänades, Anti Puutsa