Regulations for the Prevention of attacks on security in aviation, etc.


Date FOR 2011-03-01-214


Affairs Ministry


Published in 2011 Booklet 2


Commencement 01/03/2011

Edited
FOR-2016-09-01-1028

Changes
FOR 2004-04-30-715

For
Norway

Legal

LOV-1993-06-11-101-§7-24, LAW-1993-06-11-101-§7-25, LAW-1993-06-11-101-§16-1, FRONT 2001-04-06-321

Promulgated
04/03/2011 at. 14.50


Corrected 01.12.2011 (edicts added)

Short Title
Regulation on aviation security, etc.

Chapter Overview:

Chapter I. General provisions (§§ 1-4)
Chapter II. Security Authentication and safety etc. (§§ 5-16)
Chapter III. Security control etc. (§§ 17-32)
Chapter IV. Access to security restricted area etc. (§§ 33-52)
Chapter V. Final provisions (§§ 53-55)

Ordinances
Adopted by the Ministry 1 March 2011, pursuant to Act 11 June 1993 No.. 101 aviation (Aviation Act) § 7-24 second paragraph, § 7-25 first and second paragraph and § 16-1, cf. . delegated decision on 6 april 2001 no. 321.
EEA information: EEA Annex XIII Sec. VI. 66h (Regulation (EC) no. 300/2008 as amended by Regulation (EU) no. 18/2010) no. 66ha (Regulation (EC) no. 272/2009 as amended by Regulation (EC). 297/2010, Regulation (EC). 720/2011, Regulation (EC) 1141/2011 and Regulation (EU) no. 245/2013), no. 66hc (Regulation (EU) no. 72/2010), no. 66hd (Regulation (EC). 1254/2009), no. 66he (Regulation (EC) 2015/1998 as amended by Regulation ( EC) 2015/2426), no. 66hf (decision C (2015) 8005).
Changes: Amended by regulations 15 April 2011 No.. 425, September 2, 2011 No.. 897, 12 Dec 2011 No.. 1343, 24 April 2012 No.. 361, 10 August 2012 No.. 800, February 14, 2013 No.. 184, april 25, 2013 No.. 416, 14 August 2013 No.. 979, March 3, 2014 No.. 248, May 22, 2014 No.. 665, September 26, 2014 no. 1251, November 5, 2014 No.. 1417, January 5, 2015 no. 8, 20 February 2015 No.. 151, March 2, 2015 No.. 204, april 10, 2015 No.. 367, June 16, 2015 no. 660, October 22, 2015 No.. 1207, March 29, 2016 no. 326, 1 September 2016 No.. 1028. || | Corrections: 01.12.2011 (edicts added).

Chapter I. General Provisions

§ 1 Scope These regulations apply to all civil aviation at airports referred to in the national security program.

§ 2. Svalbard This regulation also applies to civil aviation at Svalbard Airport.

§ 3. Implementation of the provisions of the EEA Agreement The following provisions of the EEA Agreement, Annex XIII, Sec. VI, comes as part of this regulation with such modifications as required by Annex XIII, Protocol 1 to the Agreement and agreement in general:

1.
Ranked. 66h (Regulation (EC) No. 300/2008) on common rules on civil aviation security and repealing Regulation (EC) No. 2320/2002 as amended by Regulation (EC) No. 18/2010 establishing common specifications for national quality control programs for civil aviation security. Regulation (EC) No. 300/2008 applies with the following adaptation:

A)
Article 7 shall not apply with respect to Norway.

B)
Article 8 shall not apply with respect to Norway. If the Commission on the basis of Article 8 contained a memorandum concerning audits with the International Civil Aviation Organisation (ICAO), the EFTA States seek to conclude a memorandum of understanding with the Commission that match the Commission has concluded.

C)
When the Community negotiates with a third country on the basis of Article 20 to conclude an agreement to advance the goal that security only be implemented once, they will seek to obtain an offer of a similar agreement for EFTA -State with the third country. The EFTA States shall, in turn, seek to conclude agreements with third countries as equivalent to the Community contained.

2.
Ranked. 66ha (Regulation (EC) No. 272/2009) supplementing the common basic standards on civil aviation security set out in the Annex to Regulation (EC) No. 300/2008, as amended by Regulation (EC). 297/2010, Regulation (EU) no. 720/2011, Regulation (EC). 1141/2011 and Regulation (EU) no. 245/2013.

3.
Ranked. 66hc (Regulation (EU) No. 72/2010) which lays down procedures for conducting Commission inspections in civil aviation.

4.
Ranked. 66hd (Regulation (EC). 1254/2009) setting criteria allowing Member States to derogate from the common provisions on civil aviation security and to establish alternative security.

5.
Ranked. 66he (implementing Regulation (EC) 2015/1998) setting out the detailed measures for the implementation of common rules in civil aviation security, as amended by implementing Regulation (EU) 2015/2426.

6.

Ranked. 66hf (implementing Decision C (2015) 8005) setting out the detailed measures for the implementation of common rules on civil aviation security and containing information as referred to in Regulation (EC). 300/2008 Article 18 paragraph a.

§ 4. The competent authority and delegation of authority CAA responsible authority under Regulation (EC). 300/2008 Article 9.
CAA may issue regulations implementing acts modify Regulation (EC) 2015 / 1998 and decision C (2015) 8005, and supplementary provisions as a result of these.

Chapter II. Security Authentication and safety etc.

§ 5. Validation and implementation of security program validation and implementation of the security program to be undertaken by a national partner, validates of aviation safety in the European Union or by a person acting on behalf of the designating entity or airport operator and trained for this purpose , ref. Regulation (EC) 2015/1998 paragraph 8.1.4.4 and 9.1.3.4.

§ 6. Training Airport operator, regulated agent, known consignor, regulated supplier of in-flight supplies and air carrier employing persons who conduct or are responsible for implementing safety measures, is responsible for the aforementioned persons meet the requirements of Regulation (EU) 2015 / 1998 Annex Chapter 11, unless otherwise provided in the regulations.

§ 7. Approval of security personnel Instructor, ref. Regulation (EC) 2015/1998 Annex Section 11.5 shall perform approval of persons performing tasks as specified in Regulation (EU) 2015/1998 fom Annex paragraph 11.2.3.1 empty 11.2. 3.5.

§ 8 Responsibility for implementation of procedures CAA is responsible for implementing the procedures referred to in Regulation (EC) 2015/1998 Annex point 6.3.1.2, 6.4.1.2 and 8.1.3.2.

§ 9. Cases where there is doubt about the applicant's seriousness When the Authority shall approve a device, the application for recognition is withheld if information becomes available that may be suitable to cast doubt on the applicant's seriousness and that gives reason to believe that the applicant will be able to misuse sensitive information.

§ 10. Responsible for safety All entities shall implement the common rules in civil aviation security, shall designate a person responsible for security.

§ 11. Contingency plans and -øvelser involving attacks on security in aviation Airport Operators, airlines, shipping providers and mail providers shall, in consultation with the local Police prepare and maintain emergency plans and conduct emergency drills. Preparedness Exercise involving attacks against aviation security, to be held at least every two years.
Airport operator shall assess whether other players will participate in preparedness efforts.

§ 12. Security Selection Airport operator shall establish a safety committee at the airport. Security board shall provide for the planning, coordination and evaluation of security measures at the airport and take an active part in planning and carrying out emergency drills.
Security board shall consist of the local Police, airport operator and representatives of other parties at the airport. Representative of the local Police or airport operator's representative will lead the security board.

§ 13. Requirements for special groups of persons Responsible for safety cf. § 10, participants in security selection ref. § 12 and staff who are technically responsible for safety must possess

A)
security clearance in accordance with the law of 20 March 1998 no. 10 in the preventive security service (Security Act) Chapter 6

B)
ID card to airport or

C)
pass background check ID cards to airport, ref. § 37 et seq.

§ 14. Additional safety CAA may in special cases make decisions about additional security measures beyond what is required by the regulations. Security for aviation established by the Government Decree of 4 July 1991, shall, as far as possible be consulted before a decision is made.
Police or airport operator can implement additional safety measures when such relationship makes it possible to submit the case to the CAA. Such measures shall without undue delay be reported to the Civil Aviation Authority.

§ 15. Measures on landside When designing the airport and surrounding areas on the land side, have safety considerations airside sufficiently safeguarded. Following a specific risk assessment N may issue orders regarding safety on the land side of an airport.


§ 16. Foreign airlines CAA may require the necessary information from foreign carriers, including inter alia information about head office address, contact person, which rules that the company complies, if it has been approved and in case of any authority.

Chapter III. Security control etc.

§ 17. Measures Airport Operator is responsible for the implementation of security controls and other security measures in accordance with the provisions of the regulations, unless otherwise provided in the regulations.
Regulated agents and known shipper is responsible for the implementation of security measures relating to cargo and mail, unless otherwise provided in the regulations.
Luftfartsselskap and regulated supplier of supplies for the flight is responsible for the implementation of safety and security measures in connection with supplies to the flight.
Crawling and other security checks to be performed by authorized security personnel in the service of or engaged by, airport operator or regulated agent. Crawling and other security checks can also be carried out by police officer.

§ 18. Security check by hand searching of journals hand searching of journals performed in the most lenient way and should as far as possible be made by persons of the same sex as the person examined.
Person with special needs that security occurs in a stunning environment may request this. Such request shall as far as possible be granted. The person has the right to a third person is present during the hand search.

§ 19. Refused access to security restricted area A person who refuses to be security check or refuses to give up a forbidden subject, should not be granted access to security restricted area.

§ 20. Alternative safety of certain categories of persons and their carry-on baggage The Royal Police Escort or police bodyguard service, the royal family and their adjutants, prime minister and foreign heads of state and their adjutants, police and customs officials on duty at the airport, and said groups of hand baggage, subject to alternative security. The same applies to vehicles used by the aforementioned groups, provided the conditions of Regulation (EC) 2015/1998 Annex paragraph 1.4.4.1 are met.

§ 21. Persons in lawful custody Persons in lawful custody shall always be escorted by the responsible authority.

§ 22. Alternative security of carry-on items carried on behalf of the Accident Investigation Board Norway, Armed Forces Investigation Board, metrology, Anti-Doping Norway, hospitals and private hospitals, may be subjected to alternative security controls provided that the passenger documenting their identity and message contents.
Diplomat Luggage is subject to alternative security controls. It is a condition that the requirements of the Vienna Convention on Diplomatic Relations are met.
Courier Shipments of Defence courier are subject to alternative security controls. It is a condition that courier certificate and receipt of shipment presented. For courier shipments abroad is a condition that the provisions of the Vienna Convention on Consular Relations are met.

§ 23. Alternative security of checked baggage Checked baggage to groups of persons referred to in § 20 are subject to alternative security controls.
Diplomat Luggage is subject to alternative security controls. It is a condition that the requirements of the Vienna Convention on Diplomatic Relations are met.
Courier Shipments of Defence courier are subject to alternative security controls. It is a condition that courier certificate and receipt of shipment presented. For courier shipments abroad is a condition that the provisions of the Vienna Convention on Consular Relations are met.

§ 24. Exemption from security for persons other than passengers Exceptions as referred to in Regulation (EC) 2015/1998 Annex paragraph 1.3.2.1 may be used by the airport operator for persons other than passengers, who are entitled to access into security restricted area.

§ 25. Decision C (2015) 8005 Annex Section 6.2.3 letter a 6.2.3 letter b and 6.2.4 Permission exception mentioned in Decision C (2015) 8005 Annex Section 6.2.3 letter a used .
It shall be made except as stated in Decision C ((2015) 8005 Annex Section 6.2.3 letter b. CAA decides who benefit from the exemption.
It shall be made except as stated in Decision C (2015) 8005 Annex section 6.2.4.

§ 26. decision C (2015) 8005 Annex paragraph 1.4.4.3 Permission exception mentioned in decision C (2015) 8005 Annex paragraph 1.4.4.3 applied.


§ 27. Weapons and ammunition on security restricted area and the cabin police Person in person protective missions may carry firearms and ammunition into the security restricted area and into the cabin, provided that the police evidence and authorization presented at security check point.
Authorization issued by the proper law enforcement agency on the basis of completed training, including the use of weapons in the aircraft.
The first and second paragraphs apply correspondingly to the Nordic police officer in person protective missions. Other foreign police officers may only carry firearms and ammunition if they are accompanied by Norwegian police officer mentioned in the first paragraph.
It must already given notice to airport operator. Airport operator shall notify the carrier which shall notify Transfer- and destination airport.

§ 28. Ammunition in checked baggage are allowed to carry ammunition in checked baggage provided that the airline's procedures for handling weapons and ammunition followed.
Air carrier procedures for handling weapons and ammunition shall be in accordance with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, Doc 9284-AN / 905, 2009-2010 Edition.
Passenger must inform the airline at check that baggage containing ammunition.

§ 29. Troop Transport By sheer troop transport during military or polisiær command, where the personnel are not in contact with civilian passengers on airside, you weapons and ammunition carried in the cabin.
Provision in § 27 fourth paragraph applies correspondingly insofar as appropriate.

§ 30. Decision C (2015) 8005 Annex point 1.3.2.1, 1.4.4.1 and 4.1.3.3 Exemptions mentioned in Decision C ((2015) 8005 Annex paragraph 1.3.2.1 and 1.4.4.1 shall apply. | || exception mentioned in decision C (2015) 8005 Annex point 4.1.3.3 apply.

§ 31. (Repealed)

§ 32. Authorization for inspectors CAA security inspectors and inspectors from EFTA surveillance Authority (ESA) is authorized to carry items to be used for testing, including prohibited items. the authorization applies to all areas to be inspected, and when the inspector traveling to or from an inspection.
CAA security inspectors may require the correct implementation or repetition of a precautionary measure.

Chapter IV. access to security restricted area etc.

§ 33. unobstructed access for inspectors CAA inspectors should be unimpeded access to all relevant areas in connection with inspection or supervision. CAA inspectors must not be prevented from performing his duties or denied extradition of the necessary documentation.
The first paragraph applies correspondingly to inspectors from the EFTA Surveillance Authority (ESA). Regulation (EU) No. 72/2010 Article 9. 4 apply correspondingly to CAA security inspectors and inspectors from the EFTA Surveillance Authority (ESA).

§ 34. Authorization CAA issues the authorization referred to in Regulation (EC) 2015/1998 Annex paragraph 11.2.6.1.

§ 35. Access to security restricted area Person with valid police or customs evidence has unimpeded access to security restricted area.

§ 35a. Accreditation CAA may require accreditation, cf.. Police Registers Regulations § 38-5, for people who have or will have access to security restricted area.
If accreditation is not granted, the access to security restricted area is denied.
Requirements for accreditation applies not persons mentioned in § 33 and § 35.

§ 36. Issue of ID cards to Airport Airport operator issuing ID cards to the airport.
Airport operator may in special cases decide that the arrangement as set forth in Regulation (EC) 2015/1998 Annex point 1.2.5.1, second sentence, may be used.

§ 37. Purpose of the background check The purpose of the provisions of this chapter is to prevent persons who may represent a risk to aviation security are given access to airports and aviation facilities or approved for key positions in the aviation industry in general. The provisions will also help to ensure public confidence in civil aviation.

§ 38. Background Check CAA performs background check, cf. Regulation (EC) 2015/1998 Annex Chapter 11.
In cases where Regulation (EC) 2015/1998 stipulates that it shall be made either a background check or a check before hiring , there will be an inspection before hiring. Inspection shall be undertaken by the employer. It must nevertheless be carried out background checks on people who crawls freight and mail.
Police and customs agency performs background checks on their employees prior to the issuance of ID cards.


§ 39. Requirements for documentation of identity, as well as education and employment applicant must submit a copy of valid identification issued by a public authority where national identity and image appears.
Applicant must inform about education and employment over the past five years. Undocumented periods of more than 28 days after an overall assessment entail rejection of the application.
If the submitted information gives reason to believe that the applicant can represent a risk to aviation security, the application shall be rejected.

§ 40. Background check Background check made on the basis of a complete police. Only police issued in Norway or another EEA country may be accepted, ref. Police Registers Act § 41, ref. § 36 no. 1. The certificate shall not be older than 90 days, and shall be in a Scandinavian language or English.
Applicant who holds a security clearance in accordance with the law of 20 March 1998 no. 10 in the preventive security service (Security Act) is deemed to comply with requirements for good conduct under these regulations. ID cards can not be issued with a longer validity than ready ring duration. This does not apply to persons who will carry out tasks as specified in Regulation (EC) 2015/1998 paragraph 11.2.3.1, ref. § 44.
will be conducted new background check at least every five years, cf. § 47.

§ 41. Requirements for residence for applicants who have been living abroad Applicants who have not been registered as resident in Norway or another EEA country continuously for the past five years may not be granted access to security restricted area. The requirement of residence does not apply to Norwegian nationals. In all other respects § 40 first paragraph.
CAA can after a concrete and individual overall assessment still provide access to security restricted area for applicants who have not been registered as resident in Norway or EEA country for the last five years if the applicant has a particular work related to Norwegian aviation.

§ 42. Basis for rejection and determination of quarantine upon initial inspection of repute Rejection and determination of quarantine for initial control of conduct should be based on the criminal sanction:

A)
Unconditional imprisonment of 5 years or more will result in quarantine for 15 years.

B)
Unconditional imprisonment of between six months and five years will result in quarantine for 10 years.

C)
Unconditional imprisonment of up to six months or community service will entail quarantine 5 years.

D)
suspended sentence shall entail quarantine 4 years.

E)
Bot, prosecute or issue settled in Mediation Service for criminal offense, the Medicines Act, the Customs Act, the Firearms Act, the Police Act or the Aviation Act shall entail quarantine 3 years.

F)
Bot, prosecute or issue settled in Mediation Service for violation of other provisions may exceptionally entail quarantine of up to 3 years if it is deemed compatible with the provisions of § 37.

The quarantine period shall be calculated from the time of final judgment.

§ 43. Extended quarantine by more enforceable decisions Is it more enforceable decisions on police record, shall be paid a premium in quarantine by 1 year per decision, however, limited to 4-year mark. It should not be placed on enforceable decisions that are more than 5 years ago counting from the decision which forms the basis for the calculation of the quarantine period. Premiums in quarantine are not given for conditions that fall under § 42 subsection f.

§ 44. Special requirements for conduct of persons who shall perform tasks as specified in Regulation (EC) 2015/1998 paragraph 11.2.3.1 Searching for undertaking tasks as specified in Regulation (EC) 2015/1998 paragraph 11.2.3.1 shall not have remarks on police record over the past 5 years.
Remarks for violation of provisions of the Penal Code chapter 26 leads off forever. Moreover, § 42 and § 43.
For holder of ID cards that will begin to implement tasks as specified in Regulation (EC) 2015/1998 paragraph 11.2.3.1 shall be a reassessment of conduct under this section before appointment.

§ 45. Refusal on the basis of sanctions if an applicant is sentenced to preventive, custody or forced mental health care, shall be prescribed quarantine period of 10 years from the date reaction subsided.

§ 46. Treatment of pending cases Is there charge or charges against an applicant shall CAA rejected. A new application may be submitted when the case has been settled or dismissed.

§ 47. Grounds for refusal by periodic inspections of conduct for holders of ID cards legally binding decision for a criminal offense committed in an airport, aviation facilities or aircraft shall entail rejection.

Unconditional or conditional imprisonment, community service or more fines for violation of the Criminal Code, the Medicines Act, the Customs Act, the Firearms Act, the Police Act or the Aviation Act shall entail rejection.
Unconditional or conditional imprisonment or community service for violation of other provisions than those mentioned in the second paragraph, may result in rejection when CAA find it consistent with the provisions of § 37.
More fines, prosecute or issue settled in Mediation may cause rejection when CAA find it consistent with the provisions of § 37.
for periodic check of conduct for person to perform a task as referred to in Regulation (EC) 2015/1998 paragraph 11.2.3.1 the provision in § 44 second paragraph accordingly.

§ 48. Refusal by periodically checking if given off by periodic inspection, an application evaluated according to the rules for initial background check in § 42 et seq.

§ 49. Cases to be considered for the provision of initial inspection of conduct If there is more than 12 months since the approval period for good conduct discharge, the applicant shall be assessed under the provisions for the initial background check in § 42 et seq.

§ 50. Expanded access to discounts If the CAA finds it necessary in the objects clause of § 37, may in special cases be granted discounts for longer or for other conditions than those mentioned in the regulations.
The assessment may inter alia be placed on the number and type of offense, workplace and type of position, or if the offense is committed in the airport, aviation facilities or aircraft. It can also be placed on other information from police, military or other authority.
By enforceable judgment for hijacking or other criminal offenses involving a particular risk to aviation security, the CAA rejected with effect forever.

§ 51. Revocation of approval CAA may at any time conduct new background check. Reconsideration shall be made in accordance with § 47.
Being a person of recognized repute indicted or prosecuted for offenses which may give grounds for refusal in accordance with § 47, CAA adopt temporary revocation of ID cards until the matter is enforceable settled or dismissed.

§ 52. Notification obligation Requisitioner and issuing of identity cards being aware that the holder of the ID card has committed a criminal offense and understand that relationship may affect the repute approval shall notify the Civil Aviation Authority about this.

Chapter V. Final provisions

§ 53. Dispensation When there are special reasons and considerations of aviation security are safeguarded, the CAA grant exemptions from the provisions of this regulation. It can not be dispensed from § 41 first paragraph beyond the cases stated in § 41, second paragraph.
If the result of a background check is manifestly unreasonable and it is consistent with the provision in § 37, the Civil Aviation Authority in special cases grant exemptions from the provisions of Chapter IV.

§ 54. Protection of Information Anyone who can access the Commission decision and the part of the security programs or other information that must be protected in the interests of aviation security as part of the work or assignment of a business, is obliged to prevent unauthorized knowledge information. This duty of confidentiality after they've completed the work or assignment. Information should only be made available to people who have an official need for it.

§ 55. Effective date and transition regulations enter into force immediately. From the same date Regulation 30 April 2004 no. 715 on the Prevention of attacks on security in aviation.
For periodic check of conduct, cf. § 47 shall not be placed on criminal offenses more than 5 years ago from Regulation came into force.


Ordinances
To read Regulation (EC) No. 300/2008 see here:
unofficial translation.
To read Regulation (EC) No. 272/2009 see here:
unofficial translation.
To read Regulation (EC). 1254/2009 see here:
unofficial translation.
To read Regulation (EU) No. 18/2010 see here:
English version.
To read Regulation (EU) No. 72/2010 see here:
unofficial translation.
To read Regulation (EC). 297/2010 see here:
unofficial translation.
To read Regulation (EC). 720/2011 see here:
English version.
See here to read Regulation (EC). 1141/2011:
Unofficial translation.
See here to read Regulation (EC) 2015/1998:
Unofficial translation.
See here to read Regulation (EC) 2015/2426:
Unofficial translation.