276. Regulation of the Federal Minister for the Interior, with which a national security programme is issued (National Security Programme-Regulation-NaSP-VO)

Due to § § 1 and 2 of the Aviation Safety Act 2011-LSG 2011, BGBl. I n ° 111/2010, is being assigned in agreement with the Federal Minister for Transport, Innovation and Technology:

Responsibilities of civil aerodrome holders, air carriers and bodies

§ 1. (1) The implementation of the measures in accordance with the annex to the civil aircraft holders shall be carried out by the holders of a civil aircraft licence (§ 68 of the Aviation Act-LFG, BGBl. No 253/1957) and in the case of military airfields, which are used for civil aviation purposes in accordance with Section 62 of the LFG, to be guaranteed by the holders of the use of the use authorization.

(2) The implementation of the measures referred to in the annex to the air carriers shall be ensured by the air carrier in question, which carries persons or goods from an airfield referred to in paragraph 1.

(3) The implementation of the bodies determined in accordance with the annex (Section 1 (1) of the LSG 2011) is to be ensured by the following bodies:

1.		Regulated agents within the meaning of Article 3 (26) of Regulation (EC) No 300/2008,
2.		known consignor within the meaning of Article 3 (27) of Regulation (EC) No 300/2008, and
3.		Regulated suppliers within the meaning of point 8.0.2 of the Annex to Regulation (EU) No 185/2010.
Regulated officers and known consignors shall be required to provide unaccompanied access to identifiable air cargo or air mail for which the necessary security checks have been carried out in other areas than: security areas, subject to an employment-related review in accordance with item 11.1.4 of the Annex to Regulation (EU) No 185/2010. To the extent that, in accordance with points 6.5.2., 8.1.4. and 9.1.3 of the Annex to Regulation (EU) No 185/2010, the designation of business consignors (Art. Article 3 (28) of Regulation [EC] No 300/2008) and known suppliers (points 8.0.2. and 9.0.2 of the Annex to Regulation [EU] No 185/2010) by regulated agents, air carriers, regulated suppliers or civil aircraft owners , the designated organisation shall ensure compliance with the obligations of the European Union in respect of the obligations of the Member States. A designation as a commercial consignor or a known supplier may only be made if the respective company draws up exclusively persons for searches or as a security officer, who are the persons in § 2 (7) LSG 2011. shall be subject to the security screening provided for

(4) Air carriers which are at the same time the bodies referred to in paragraph 3 shall also be responsible for the measures to be taken by those entities.

(5) Measures to be carried out by public authorities in accordance with Union law or federal legislation shall be exempted from the responsibilities referred to in paragraphs 1 to 4.

Alternative security measures

§ 2. (1) The traffic on an aerodrome or a defined aerodrome shall be restricted to one or more categories of Article 1 (1) (1) to (10) of Regulation (EU) No 1254/2009, which may be used by the civil aircraft holder or holder of a Use permit according to § 62 LFG under the security programs to be established pursuant to § 2 paragraph 1 LSG 2011 alternative security measures within the meaning of Art. 4 (4) of Regulation (EC) No 300/2008 or special security procedures or Exceptions within the meaning of point 1.0.3. of the Annex to Regulation (EU) No 185/2010 are requested. Such alternative security measures may be taken by the Authority only after a prior location-based risk assessment has been carried out and in accordance with Regulation (EU) No 1254/2009, Regulation (EC) No 300/2008 and Regulation (EU) No 1254/2009. 185/2010.

(2) In proceedings pursuant to paragraph 1 concerning military airfields, which are used in accordance with § 62 LFG for civil aviation purposes, the Federal Minister for National Defence and Sport acts as a military airfield holder. The Federal Minister for National Defense and Sport is to be informed about the permits issued in such proceedings. In that regard, in the context of such an investigation procedure, additional measures for security in civil aviation are necessary in addition to military security measures carried out at the military airfield, the Federal Minister for National Defense and Sport Party position.

Creation and secrecy of security programs

§ 3. (1) The security programmes to be drawn up by the civil aircraft carriers, air carriers and the bodies referred to in § 1 (3) (1) and (3) (§ 2 LSG 2011) must, in addition to the obligations arising from the LSG 2011 and this Regulation, be made available to: including the obligations under Article 4 LSG 2011 on the basis of the administrative decisions taken in accordance with the annex.

(2) Security programmes pursuant to § 2 LSG 2011 may only be accessible to the authorities referred to in this provision and to the persons strictly necessary and responsible for the preparation, modification or direct implementation of the security programmes. .

Linguistic equality

§ 4. As far as natural persons are referred to in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 5. References contained in this Regulation to:

1.		Regulation (EC) No 300/2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002, OJ L 327, 31.12.2002, p. No. OJ L 97, 9.4.2008, p. 72, or
2.		Regulation (EU) No 1254/2009 laying down the conditions under which Member States may derogate from the common basic standards on aviation security in civil aviation and may adopt alternative security measures, OJ L 145, 31.5.2009, p. No. OJ L 338, 19.12.2009, p.17, or
3.		Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards in the field of aviation security, OJ L 327, 31.12.2010, p. No. OJ L 55, 5.3.2010 p.1,
are to be understood as references to the current version of these Union regulations.

Mikl-Leitner

Annex

Responsibilities according to § 1 NaSP-VO

Legal source of Union law	Actions to be carried out in the chapter on the annex to the Union rule	Responsible for the implementation
Regulation (EC) No 300/2008 VO (EU) No 185/2010	1. Airport security	Civil Aircraft Holders Exception: Points 1.2.3. and 1.2.4. of the Annex to Regulation (EEC) No 185/2010 on the issuing of the flight crew identity: air carriers
Regulation (EC) No 300/2008	2. Excluded areas of airports	Civil Aircraft Holders
Regulation (EC) No 300/2008 VO (EU) No 185/2010	3. Safety of aircraft	Air carriers
Regulation (EC) No 300/2008 VO (EU) No 185/2010	4. Passenger and hand luggage	Civil Aircraft Holders
Regulation (EC) No 300/2008 VO (EU) No 185/2010	5. Checked Baggage	Civil Aircraft Holders Exceptions: Points 5.2. and 5.3. of the Annex to Regulation 300/2008 and of Regulation 185/2010: air carriers
Regulation (EC) No 300/2008 VO (EU) No 185/2010	6. Freight and mail
Regulation (EC) No 300/2008	6.1. Security checks for freight and mail	Air carriers, Regulated Representative
VO (EU) No 185/2010	6.1. Security Controls-General Provisions	Regulated Envoy
Regulation (EC) No 300/2008	6.2. Protection of cargo and mail	Air carriers, Regulated Representative
VO (EU) No 185/2010	6.2. Control	Regulated Envoy
VO (EU) No 185/2010	6.3. Regulated Commissioner	Regulated Envoy
VO (EU) No 185/2010	6.4. Known consignor	Known consignor
VO (EU) No 185/2010	6.5. Business senders	Regulated Envoy
VO (EU) No 185/2010	6.6. Protection of cargo and mail	6.6.1. Regulated Officer, acquaintance of consignor 6.6.2. Air carriers, regulated agents, known consignor
Regulation (EC) No 300/2008 VO (EU) No 185/2010	7. Post and material of air carriers	Air carriers
Regulation (EC) No 300/2008 VO (EU) No 185/2010	8. Board supplies	Air carriers and regulated suppliers
Regulation (EC) No 300/2008 VO (EU) No 185/2010	9. Airport deliveries	Civil Aircraft Holders
Regulation (EC) No 300/2008	10. Security measures during the flight	Air carriers
Regulation (EC) No 300/2008 VO (EU) No 185/2010	11. Setting and training of staff
VO (EU) No 185/2010	11.1. Setting	Civil aerodrome holder, air carrier, regulated agent, known consignor, regulated supplier
VO (EU) No 185/2010	11.2. Training 11.3. Certification or approval 11.4. Training 11.5. Qualification of trainers and independent validators 11.6. Mutual recognition of training	Civil aerodrome holder, air carrier, known consignor, regulated supplier, regulated agent
Regulation (EC) No 300/2008 VO (EU) No 185/2010	12. Safety Equipment	Civil airfield holder, regulated agent, regulated supplier, known consignor