ACC3 regulation in the EU (CORE1000)

Summary: This review is about aviation security validation regulation in the EU. ACC3 refers to Air Cargo (or mail) Carrier operating from a 3rd country into Europe, aiming to provide a holistic approach to the threats of such inbound cargo. This review can be beneficial for the Demo-cluster in CORE, including WP12, WP15 and WP17. The analysis (with the 8-step method) is presented in full in the document CORE1000. http://ec.europa.eu/transport/modes/air/security/doc/eu_rules_on_aviation_security.pdf

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Overview:  COMMISSION IMPLEMENTING REGULATION (EU) No 1082/2012 of 9 November 2012 amending Regulation (EU) No 185/2010 in respect of EU aviation security validation. Available to General Pubic at: the EUR-Lex Web site to access European Law. It was approved by a vote of Member States on 20th September 2012, supplementing and amending the basic ACC3 framework established under Regulation (EU) No 859/2011. ACC3 refers to Air Cargo (or mail) Carrier operating from a 3rd country into Europe, and aims to provide a holistic approach to the threats of such inbound cargo.

The regulations applicable since February 2012 are focused on air carriers as opposed to foreign states or foreign airports. They require air carriers flying cargo and/or mail into the EU from non-EU countries to:

• Ensure that certain standards for security are met prior to the loading of cargo or mail onto an aircraft bound to the EU
• Be designated as an “Air Cargo or Mail Carrier operating into the Union from a Third Country Airport” (ACC3)

The deadline of 1 July 2014 has passed without any major incident being reported to IATA CEIV. That is not to say all carriers are compliant: some of them may have been able to gain a temporary ACC3 designation (an extension) for up to 6 months for “objective reasons”. Any non-compliant carriers are encouraged to urgently contact their allocated EU appropriate authority and/or the IATA CEIV before the authorities contact them to regularize their situation. With that said, Russia has criticized the EU, saying that the imposition of ACC3 on non-EU airlines is in breach of International Civil Aviation Organization (ICAO) rules and Russian confidentiality laws. It cites the ICAO rules as saying that aviation security functions should not be transferred to a non-state organisation.

The second deadline date is 30 June 2015, which signifies the deadline for the Commission to assess, evaluate and, if appropriate, make a proposal relating to the ACC3 measures. With sufficient focus, and after obtaining feedback from the operation of the New ACC3 Regulation, this could also mark when elements of the ACC3 framework could be formally proposed as an amendment to the Chicago Convention.

The last deadline is 30 June 2016, which ends the Member State extension of designation without validation for “objective” reasons.

Detailed analysis of relevance for CORE: The CORE implementation objectives, which specify what will be done and how to reach the vision, are all subject to the Policies, Regulations, and Standards that exist within the Security Domain of the Global Supply Chain. The following Work Packages are directly impacted by the ACC3 regulation:

• Research and Analysis: Undertake requirements analysis and impact assessment. The project will undertake requirements analysis from different perspectives. In WP1 we will consolidate reviews of SCS regulations policies and standards from Reference Projects and specify implementation support requirements
• Demo-cluster:  The CORE demonstrators will validate the applicability and benefits of the CORE approach in representative operating scenarios characteristic of the global supply chain. They will specifically show the way towards a Global Secure Supply Chain. The overriding goal is to demonstrate substantial gains in security and facilitation covering every major facet of the supply chain security sector. THE CORE demonstrators affected by ACC3 are:
  • WP12: Demonstrator Schiphol – apply global data pipeline concept to air cargo supply chains, managing air freight specific trade compliance requirements, and offering supply chain visibility in dashboards. Trade lanes with e.g. Africa, involving multiple inspection authorities.
  • WP15: Decathlon Demonstrator -operational and security related Key Performance Indicators (KPIs) within the CORE framework will be applied to monitor the overall level of security within the supply chain for different supply chain actors Taiwan to retail shop destinations across Europe implementation of this new transit modality and the impact it would have on the overall performance of the supply chain
  • WP17: DHL Demonstrator – managing airfreight trade compliance requirements EU-US in the context of fast supplying of parts. In this demonstrator ACC3 and mutual recognition with the US will become evident.
• Other-cluster: WP19: Stakeholder Engagement – Knowledge Diffusion and Sustainable Development Specify and apply an inclusive Stakeholder Engagement Strategy emphasising international co-operation to promote harmonisation of regulations, and to support further development and implementation of international standards.

CORE impact anticipation:  A supply chain approach to air cargo security is utilised in the New ACC3 Regulation. In recognising that different actors in the supply chain have different security vulnerabilities and strengths, the ACC3 Regulation will enable third country entities that have been EU aviation security validated to benefit from streamlined security protocols. It is expected that CORE will be able to assess first hand the ACC3, RA3, and KC3 process to provide feedback into WP19.

Cross References: http://ec.europa.eu/transport/modes/air/security/doc/eu_rules_on_aviation_security.pdf
Regulation (EU) No. 654/2013

EU Regulation amending the Regulation (EU) 185/2010 in respect of EU aviation security validation checklists for RA3s / respective entities.
Regulation (EU) No. 1116/2013

EU Regulation amending the Regulation (EU) 185/2010 in respect of EU aviation security validation checklists for KC3s / respective entities.

Full Citation: Barosso, J. (2012), “COMMISSION IMPLEMENTING REGULATION (EU) No 1082/2012 of 9 November 2012 amending Regulation (EU) No 185/2010 in respect of EU aviation security validation”, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R1082&rid=1  (accessed 3 September 2014).

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