276. Regulation of the Federal Minister of the Interior, with a national security program is adopted (national security program regulation NaSP-VO)

On the basis of §§ 1 and 2 of the Aviation Security Act 2011 - LSG 2011, Federal Law Gazette I is no. 111/2010, in agreement with the Federal Minister for transport, innovation and technology:

Responsibilities of civil airport owner, aviation companies and bodies

§ 1 (1) is implementing the measures incumbent upon the civil flight placeholders in accordance with the annex by the owners of a civil airfield permit (§ 68 of the Aviation Act - LFG, BGBl. No. 253/1957) as well as in the case of military aerodromes used LFG according to § 62 for purposes of civil aviation, to ensure by the owners of the use permit.

(2) the implementation of measures incumbent air carriers in accordance with the annex is by the particular air carrier which transports persons or goods from an aerodrome that is referred to in paragraph 1 to ensure.

(3) the implementation of the points given in accordance with the annex (section 1 para 1 LSG 2011) if action is to ensure through the following positions: 1 regulated representative within the meaning of article 3 paragraph 26 of Regulation (EC) No. 300/2008, 2. consignor known within the meaning of article 3 paragraph 27 of Regulation (EC) No. 300/2008 and 3. regulated suppliers within the meaning of point 8.0.2. of the annex of to Regulation (EU) No. 185/2010.

Regulated commissioned and known shipper who have unescorted access to identifiable air freight or air mail, for which the required security checks were carried out in areas other than security areas, must undergo an employment-related review in accordance with section 11.1.4 of annex of Regulation (EU) No. 185/2010. 6.5.2. If in accordance with the points, 8.1.4 and 9.1.3 of the annex of Regulation (EU) No. 185/2010 the naming of commercial shippers (article 3 para 28 of Regulation [EC] No. 300/2008) and known suppliers (points 8.0.2. and 9.0.2. of the annex of the regulation [EU] No. 185/2010) through regulated agents, carriers, regulated suppliers or civil flight placeholder can be made, has to guarantee the calling organisation the Union legal commitments by the named. A designation as business mailers or known supplier should only be if the respective companies for searches or as security officers attracts only persons which is of this in section 2, paragraph 7 LSG 2011 provided security check conducted.

(4) air carriers, which are the bodies referred to in paragraph 3, have to carry also the measures incumbent upon these areas.

(5) measures, which must be made in accordance with European Union law or federal regulations by authorities, are exempt from the responsibilities referred to in paragraphs 1 to 4.

Alternative safety measures

2. (1) the traffic limited to an airfield or a demarcated area of the airfield on a category or multiple categories of article 1 item 1 to 10 of Regulation (EU) No. 1254/2009, LFG can be from the civil airport owner or holder of a use permit in accordance with § 62 in accordance with article 2, paragraph 1 LSG 2011 to create security programs alternative security measures within the meaning of article 4 para. 4 of Regulation (EC) No. 300/2008 or special security procedures or exemptions in the sense of the point 1.0.3. of Annex of Regulation (EU) No. 185/2010 apply. Such alternative security measures can the authority only after carrying out a previous site specific risk assessment and in accordance with the Regulation (EU) No. 1254/2009, Regulation (EC) No. 300/2008 and the Regulation (EU) No. 185/2010 be approved.

(2) the Federal Minister of national defence and sports as a military airfield holder has in proceedings referred to in paragraph 1 concerning military airfields used according to § 62 LFG for purposes of civil aviation. Authorisations issued in such proceedings, the Federal Minister of national defence and sports is to inform. To the extent that emerges in the context of such a process of discovery, that additional measures for the security of civil aviation are required in addition to the military security measures carried out at the military airfield, party status is attached to the Federal Minister of national defence and sports.

Creation and non-disclosure of security programs

3. (1) the civil flight placeholders, air carriers and the to § 1 section 3 Z 1 and 3 mentioned point to create security programs (§ 2 LSG 2011) must also the commitments on the basis of the regulatory judgment pursuant to article 4 measures in accordance with the annex contain in addition to the obligations arising from the LSG 2011 and this regulation, LSG 2011.

(2) safety programs in accordance with § 2 LSG 2011 may only the authorities referred to in this provision as well as the for the creation, modification, or direct implementation of security programmes be made available that are absolutely necessary and thus entrusted persons.

Linguistic equal treatment

§ 4. As far as this regulation to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

References

§ 5. In this regulation contained references to 1 Regulation (EC) No. 300/2008 concerning common rules for the safety of civil aviation, and repealing Regulation (EC) No. 2320/2002, OJ No. L 97 of the 9.4.2008, p. 72, or 2 Regulation (EU) No 1254/2009 laying down the conditions under which the Member States derogate from the common basic standards on aviation security in civil aviation and alternative security measures can meet, OJ No. L 338 of 19.12.2009, p. 17, or 3 Regulation (EU) No. 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security, OJ P. 1, are to be understood as references to the applicable version of this EU law regulations No. L 55 of 5.3.2010.

Mikl-Leitner

 

Plant

Responsibilities in accordance with § 1 NaSP-VO

 

 



Source of EU law



Measures to be implemented in the chapter of the annex of the provisions of Union



Responsible for the implementation



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



1. airport security



Civil airport owner

 

Exception:

Points 1.2.3 and 1.2.4 of the annex to Regulation 185/2010 concerning exhibition of flight crew statements: carriers



Regulation (EC) No. 300/2008



2. demarcated areas of airports



Civil airport owner



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



3. safety of aircraft



Air carriers



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



4. passengers and hand luggage



Civil airport owner



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



5. checked baggage



Civil airport owner

 

Exceptions:

Points 5.2 and 5.3 of the annex of 300/2008 VO and VO 185/2010: air carrier



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



6. cargo and mail



Regulation (EC) No. 300/2008



6.1. security controls for cargo and mail



Air carrier regulated agent



Regulation (EU) No. 185/2010



6.1. security controls - general provisions



Regulated agent



Regulation (EC) No. 300/2008



6.2. protection of cargo and postal items



Air carrier regulated agent



Regulation (EU) No. 185/2010



6.2. inspection



Regulated agent



Regulation (EU) No. 185/2010



6.3. regulated agents



Regulated agent



Regulation (EU) No. 185/2010



6.4. known consignor



Known shipper



Regulation (EU) No. 185/2010



6.5. business mailers



Regulated agent



Regulation (EU) No. 185/2010



6.6. protection of cargo and postal items



6.6.1 regulated agent, a known consignor

6.6.2. carriers, regulated agent, known shipper



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



7 mail and air carrier materials



Air carriers



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



8 supplies



Air carriers and regulated suppliers



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



9. Airport deliveries



Civil airport owner



Regulation (EC) No. 300/2008



10 security measures during the flight



Air carriers



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



11 recruitment and training of personnel



Regulation (EU) No. 185/2010



11.1. setting



Civil airport owner, carriers, regulated agent, known consignor, regulated supplier



Regulation (EU) No. 185/2010



11.2. 11.3. training certification or approval 11.4 training 11.5 qualification of trainers and independent validation tools 11.6. mutual recognition of training



Civil airport owner, carriers, known consignor, regulated supplier, regulated agent



Regulation (EC) No. 300/2008

Regulation (EU) No. 185/2010



12 safety equipment





Civil airport owner, regulated agent, regulated supplier, known shipper