Regulations Regarding the National Civil Aviation Security Programme

Issued pursuant to
Section 57, Paragraph one of the law On Aviation

1. This Regulation prescribes the National Civil Aviation Security Programme which provides for the measures for the maintenance of civil aviation security (hereinafter - the aviation security measures) in accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002.

1.¹ The aviation security measures are included in the National Civil Aviation Security Programme in accordance with Commission Implementing Regulation (EU) No 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (hereinafter - Regulation No 2015/1998) and Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010.

[23 May 2017]

2. The State Agency Civil Aviation Agency (hereinafter - the Civil Aviation Agency) shall be the institution responsible for the implementation of the National Civil Aviation Security Programme in the Republic of Latvia.

3. The Civil Aviation Agency has the following duties:

3.1. to develop a set of preventive aviation security measures in accordance with national and international legal provisions, taking into account the development of aviation security procedures and technologies used in civil aviation practices, and to ensure the implementation of such measures;

3.1.¹ to ensure that airports, civil aviation aerodromes, aircraft operators and entities registered in the Republic of Latvia have access to information regarding the requirements applicable thereto laid down in Commission Implementing Regulation (EU) 2015/1998 of 16 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security containing the information referred to in Article 18(a) of Regulation (EC) No 300/2008 (hereinafter - the Commission Implementing Decision);

3.2. to develop and implement a national programme for the quality control of civil aviation security;

3.3. to develop the procedures by which the personnel of airports, aircraft operators, and the entities responsible for the implementation of the aviation security measures shall be trained, certified, and approved;

3.4. to approve programmes developed by airports, aircraft operators registered in the Republic of Latvia, and other merchants involved in the security of civil aviation in the field of civil aviation security (hereinafter - the aviation security programmes);

3.4.¹ to approve the aviation security programme for civil aviation aerodromes for which Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures is applicable (hereinafter - the civil aviation aerodrome) in accordance with the procedures specified in Sub-paragraph 3.12 of this Regulation;

3.5. to approve civil aviation security training programmes developed by airports, aircraft operators, and entities registered in the Republic of Latvia;

3.6 to determine the qualification requirements for the personnel responsible for the introduction and implementation of the aviation security measures in the operation of airports, aircraft operators, and entities;

3.7. to evaluate the suitability of airport design, construction, and infrastructure development projects for efficient introduction and maintenance of a set of the aviation security measures;

3.8. to assess the conformity of the equipment and system installation projects intended for the implementation of the aviation security measures of airports, civil aviation aerodromes, aircraft operators and entities registered in the Republic of Latvia with the performance parameters of security equipment specified in the Commission Implementing Decision and the suitability for the intended type and extent of the security checks;

3.9. if information regarding possible threat to civil aviation has been received, to announce additional aviation security measures for individual or all flights, based on risk assessment;

3.9.¹ in cooperation with the civil aviation competent authorities of the third countries, to assess the potential security risk for flights of an aircraft operator registered in the Republic of Latvia to the territory of the third countries;

3.9.² upon receipt of information regarding increased threat to civil aviation security in the territory of the third country, to impose an obligation on the aircraft operator to take the necessary additional aviation security measures or to issue a recommendation to the aircraft operator to suspend flights to (or through) the specific territory during the risk period or to perform flights on a specified air route;

3.10. to inform in due time airports, aircraft operators, air navigation service providers, and merchants related to the maintenance of civil aviation security regarding changes in the field of the aviation security measures;

3.11. to regularly assess the conformity of the aviation security measures to be performed by airports, aircraft operators, air navigation service providers, and other merchants related to the maintenance of civil aviation security with the National Civil Aviation Security Programme;

3.11.¹ to assess the conformity of the preventive aviation security measures introduced by those aircraft operators registered in the Republic of Latvia which carry out or plan to carry out flights to the airports of the third countries with the European Union and international laws and regulations;

3.12. to determine cases when, in accordance with the requirements of international legal provisions, deviations to the implementation of the aviation safety measures may be applied, taking into account the security risk assessment;

3.13. to co-ordinate the aviation security programmes of such aircraft operators of the third countries which operate air transport from airports of the Republic of Latvia;

3.13.¹ to implement the exchange of information with the aviation competent authorities of foreign countries regarding the requirements included in the national aviation security programme, the training programme, and the quality control programme of the Republic of Latvia and the respective foreign country;

3.13.² to assess the requests of the aviation competent authorities of foreign countries regarding introduction of additional aviation security measures for the flights of aircraft operators registered in a foreign country to the airports of the Republic of Latvia and to determine the applicable aviation security measures, taking into account the risk assessment carried out by the competent authorities of the foreign country and the Republic of Latvia;

3.14. to inform the European Commission regarding application of the deviations referred to in Sub-paragraph 3.12 of this Regulation in implementation of the aviation security measures;

3.15. to endorse the following entities:

3.15.1. regulated agents who make the delivery of cargo or mail for air transportation;

3.15.2. known consignors who make the delivery of cargo or mail for a regulated agent;

3.15.3. regulated suppliers who carry make the delivery of in-flight supplies to an aircraft operator;

3.16. [26 February 2019];

3.17. to monitor how the airport operator, aircraft operators, air navigation service providers, and entities carry out the background check of employees;

3.18. to develop instructions in which the passenger classes exempt from airport security screening and the procedure by which they shall be exempt from airport security screening shall be specified. The abovementioned instructions shall be approved by the Cabinet;

3.19. to monitor how airport operators, aircraft operators, and air navigation service providers ensure the protection of the data and information and communications technologies necessary for civil aviation operations against unauthorised interference.

[28 February 2012; 3 September 2013; 23 May 2017; 26 February 2019]

4. An airport has the following obligations:

4.1. to develop and continuously update the airport aviation security programme in accordance with national, directly applicable European Union and international legal acts, ensuring the implementation of the measures provided for therein;

4.2. to assign as the head of airport aviation security a person who has been certified in accordance with the laws and regulations regarding the certification of personnel who implement the measures specified in the National Civil Aviation Security Programme;

4.3. to develop a standing airport aviation safety committee and co-ordinate its by-laws with the Civil Aviation Agency;

4.4. after co-ordination with the responsible territorial units of the Security Police and the State Police, to ensure resources and technical means for the prevention of contingency situations at the airport;

4.5. to ensure the security screening of departing passengers (including transfer and transit passengers who have arrived to the Republic of Latvia from the third countries), the security screening of their hand luggage and registered luggage, as well as the protection of the registered screened luggage. This Sub-paragraph shall not apply to passengers covered by Sub-paragraph 3.18 of this Regulation;

4.5.¹ upon request of the State Border Guard, to perform security screening separately from the screening referred to in Sub-paragraph 4.5 of this Regulation of the passengers to be specially supervised and the officials accompanying them;

4.6. to define and harmonise with the Civil Aviation Agency the borders of the landside area of the airport and the borders of the airside area of the airport (including the limited access security areas, the critical parts and demarcated areas of the security area), ensuring access control therein;

4.7. [23 May 2017];

4.8. to issue permanent passes following a successful background check or the receipt of confirmation regarding a successful background check and security awareness training, which entitles persons to enter the airside security restricted access area of the airport;

4.9. to ensure the initial and recurrent training of airport employees involved in the aviation security measures according to the civil aviation security training programmes approved by the Civil Aviation Agency;

4.10. to develop and coordinate with the Civil Aviation Agency the procedures by which an employee is permitted to carry in, use, and store prohibited articles, substances (including fluids), and work tools in the airside security restricted access area of the airport and the critical part of the security area for the performance of his or her duties, and the procedure for monitoring the conformity thereof;

4.11. to develop and ensure a procedure for the security screening of registered luggage which shall be applicable if any of the security screening equipment for the registered hand luggage is not working due to technical reasons;

4.12. to develop and ensure appropriate security screening procedures for persons with a disability, persons with functional limitations, persons with restricted movement and reduced mobility, as well as the items, devices (for example, means of immobilisation, mobility aids, independent breathing devices, and other medical aids) necessary for the medical treatment and functioning of these persons and for guide dogs;

4.12.¹ to ensure training of the airport personnel involved in the security screening referred to in Sub-paragraph 4.12 of this Regulation in accordance with Article 11 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air;

4.13. in accordance with Sub-p oints1.3 and 1.4 of Annex to Regulation No 2015/1998 to ensure the security screening of those persons who are not passengers and vehicle screening prior to the entry into the critical part of the airside security restricted access area of the airport, as well as the screening of those persons and vehicles which enter the security restricted access area;

4.14. to perform the necessary additional security measures if, in accordance with Sub-paragraphs 3.9 and 8.2 of this Regulation, information regarding a heightened threat to civil aviation operations has been received;

4.15. [28 February 2012];

4.16. to develop an internal plan of action of the airport in cases of threats to civil aviation operations and to organise practical training of the employees involved in the aversion of threats not less than once a year;

4.17. to develop and ensure special additional security checks and measures that an airport may provide to a foreign aircraft operator if information has been received from the foreign aircraft operator or the country of registration thereof regarding an increased risk to the safety of the aircraft operator;

4.18. to approve the known suppliers of airport stocks and to ensure the monitoring of how the approved known suppliers conform to the security requirements;

4.19. to ensure that security measures are applied to airport stocks located in the airside security restricted access area of the airport;

4.20. in conformity with the risk assessment to ensure the surveillance, patrolling, and other control measures of the landside and the security restricted access area of the airport;

4.21. to coordinate with the State Border Guard, the State Revenue Service, and the Food and Veterinary Service the sections of the airport infrastructure development projects which are applicable to the fulfilment of the functions of these services;

4.22. to introduce and maintain the security management of the information and communication technologies in accordance with the requirements referred to in Paragraph 18 of this Regulation.

[28 February 2012; 3 September 2013; 23 May 2017; 26 February 2019]

4.¹ A civil aviation aerodrome operator has the following obligations:

4.¹ 1. to develop and continuously update the aviation security programme of the civil aviation aerodrome in accordance with the national and directly applicable European Union and international legal acts, ensuring the implementation of the measures provided for therein, on the basis of the local risk assessment;

4.¹ 2. to assign as the head of aviation security of the civil aviation aerodrome a person who has been certified in accordance with the laws and regulations regarding certification of the personnel implementing the measures specified in the National Civil Aviation Security Programme.

[3 September 2013; 23 May 2017]

5. Aircraft operators have the following obligations:

5.1. to assign as the head of aviation security of the aircraft operator a person who has been certified in accordance with the laws and regulations regarding certification of the personnel implementing the measures specified in the National Civil Aviation Security Programme;

5.2. to develop and continuously update the aviation security programme of the aircraft operator in accordance with the national, directly applicable European Union and international legal acts, ensuring implementation of the measures provided for therein;

5.3. to implement all the necessary aviation security measures, when operating passenger and baggage transport, as well as accepting cargo, mail, express mail or courier material at the base airport or flight destination;

5.4. to inform passengers and cargo consignors regarding the security requirements applicable to civil aviation and ensure the compliance thereto;

5.5. to develop procedures for aircraft security searches and ensure the implementation thereof;

5.6. to develop the procedures by which it shall be permitted to access an aircraft located in the parking area, and to ensure the conformity therewith;

5.7. to ensure that in-flight supplies, including catering and aircraft operator materials necessary for performing a flight, are subjected to security measures prior to loading onto the aircraft;

5.8. to develop and incorporate security measures in the aviation security programme of the aircraft operator which are applied to transport of potentially disruptive passengers;

5.8.¹ to notify the State Border Guard of the potentially disruptive passengers on board an aircraft prior to the landing of the respective aircraft in an airport of the Republic of Latvia;

5.9. to evaluate the conformity of the applicable aviation security measures with the international legal acts at third country airports from which the aircraft operator operates passenger and cargo air transportation and to ensure that they are operated in relation to transportation to be operated by the aircraft operator;

5.10. to perform a background check of all persons who are recruited and who need to receive an airport permanent pass or a crew member's identity card, and to organise the security awareness training prior to the issuance of the crew member's identity card;

5.11. to ensure the initial and continuous training for the maintenance of the qualification of the personnel of the aircraft operator and the subcontractors contracted thereby involved in implementation of the aviation security measures according to the civil aviation security training programmes approved by the Civil Aviation Agency;

5.12. to introduce and maintain the security management of the information and communication technologies in accordance with the requirements referred to in Paragraph 18 of this Regulation.

[28 February 2012; 3 September 2013; 23 May 2017 / Sub-paragraph 5.12 shall come into force on 1 January 2018. See Paragraph 19]

6. Air navigation service providers have the following obligations:

6.1. to ensure the protection of aeronautical systems and facilities of the infrastructure;

6.2. to ensure continuous operation and monitoring of the stationary aviation telecommunications network;

6.3. to cooperate with airport services and other institutions in order to react upon illegal interference in the operation of civil aviation;

6.4. to report to foreign institutions referred to in the address list of the stationary aviation telecommunications network regarding illegal seizure of aircraft or other threats to civil aviation;

6.5. to develop an aviation security programme, submit it for coordination to the Civil Aviation Agency, and ensure implementation of the measures provided for therein;

6.6. to provide the necessary assistance to guarantee the security of flights, if an aircraft which endangers or may endanger the security of civil aviation crosses the territory of the Republic of Latvia;

6.7. to provide the necessary information regarding the flight of such aircraft which endangers or may endanger the security of civil aviation, to the air traffic management services of those states which may become liable for the management of the flight in further flight of this aircraft;

6.8. to introduce and maintain the security management of the information and communication technologies in accordance with the requirements referred to in Paragraph 18 of this Regulation.

[23 May 2017 / Sub-paragraph 6.8 shall come into force on 1 January 2018. See Paragraph 19]

7. [28 February 2012]

8. The Security Police has the following obligations:

8.1. according to its competence, to collect, examine, and evaluate the information regarding threats to the security of civil aviation;

8.2. to inform the respective civil aviation institutions and entities regarding a heightened threat to the operations of civil aviation and the need to introduce additional aviation security measures;

8.3. to lead special measures according to the action plan for the prevention of a threat to civil aviation aircraft and facilities;

8.4. to perform the exchange of information with the competent authorities of other involved states regarding threats to civil aviation or illegal interference in the activities thereof;

8.5. to implement measures in order to prevent illegal interference in the operation of civil aviation or threats thereof, as well as to prevent the consequences thereof;

8.6. to coordinate the introduction of anti-terrorism preventive measures in the field of civil aviation security in the event of an increased or high level of terrorism threat.

[28 February 2012]

9. The State Police has the following obligations:

9.1. to manage special measures, if explosive devices are discovered or if there are threats of explosion;

9.2. to participate in measures in order to prevent illegal interference in the activities of civil aviation or threats thereto;

9.3. to examine the requests of the state of registration of foreign aircraft operators for the receipt of permission for the presence of armed aircraft crew or armed persons of other security services in an aircraft, when performing flights to or from the Republic of Latvia;

9.4. to inform the aircraft operator of the passengers to be specially supervised not later than 24 hours prior to the scheduled flight of the aircraft by submitting the information specified in Sub-point 4.3.2 of Annex to Regulation No 2015/1998.

[23 May 2017]

10. The State Border Guard has the following obligations at border crossing points which are created in an airport:

10.1. to escort persons who are being deported from the Republic of Latvia by force to the aircraft;

10.2. to cooperate with airport departments and other involved institutions according to the action plan for the prevention of threats to civil aviation aircraft and facilities;

10.3. to inform the aircraft operator of the passengers to be specially supervised by submitting the information indicated in Sub-point 4.3.2 of Annex to Regulation No 2015/1998 within the following time limits:

10.3.1. regarding a foreigner in respect of whom a decision has been taken at the border crossing point of the airport to refuse entry into the Republic of Latvia - immediately after taking of the decision;

10.3.2. for other passengers to be specially supervised - not later than 24 hours prior to the planned flight of the aircraft;

10.4. to evaluate the conformity of the projects for the development of the airport infrastructure with the implementation of the border control measures.

[28 February 2012; 23 May 2017]

11. Customs authorities have the following obligations:

11.1. to co-operate with the aviation security service of the airport in order to detect dangerous or prohibited objects in the luggage of passengers, as well as in cargo and mail;

11.2. to control weapon export permits prior to acceptance of weapons for air transportation;

11.3. to inform State law enforcement institutions of the detection of objects dangerous for transportation;

11.4. to cooperate with airport departments and other involved institutions according to the action plan for the prevention of threats to civil aviation aircraft and facilities;

11.5. to evaluate the suitability of the projects for the development of the airport infrastructure with the effective implementation of customs control measures.

[28 February 2012; 23 May 2017]

12. A mail merchant endorsed with the status of a regulated agent has the following obligations:

12.1. to conform to the security requirements according to the aviation security programme of the regulated agent;

12.2. to hand over mail consignments to the aircraft operator to which security measures have been applied and protection ensured against unauthorised access after performance of the security measures.

[28 February 2012; 23 May 2017; 26 February 2019]

13. A regulated agent who is endorsed with the status of a regulated agent has the following obligations:

13.1. to conform to the security requirements according to the aviation security programme of the regulated agent;

13.1.¹ to appoint as the head of the aviation security of the regulated agent a person who is certified in accordance with the laws and regulations regarding certification of the personnel implementing the measures specified in the National Civil Aviation Security Programme;

13.2. to hand over cargo to the aircraft operator to which security measures have been applied and protection ensured against unsanctioned access;

13.3 to carry out a background check and to organise security awareness training for all persons recruited with access rights to identifiable air cargo or mail;

13.4. to maintain a database of the known consignors for transport by cargo aircraft;

13.5. to ensure the initial and continuous training for the maintenance of the qualification of employees of the regulated agent involved in implementation of the aviation security measures according to the civil aviation security training programmes approved by the Civil Aviation Agency.

[28 February 2012; 3 September 2013; 23 May 2017; 26 February 2019]

13.¹ An entity which has been endorsed with the status of a known consignor has the following obligations:

13.¹ 1. to conform to the security requirements according to the aviation security programme of the known consignor;

13.¹ 2. to appoint as the head of aviation security of the known consignor a person who is certified in accordance with the laws and regulations regarding certification of the personnel implementing the measures specified in the National Civil Aviation Security Programme;

13.¹ 3. to carry out a background check and to organise security awareness training for all persons recruited with access rights to identifiable air cargo;

13.¹ 4. to ensure the initial and continuous training for the maintenance of the qualification of employees of the known consignor involved in implementation of the aviation security measures according to the civil aviation security training programmes approved by the Civil Aviation Agency;

13.¹ 5. to hand over cargo to the regulated agent to which security measures have been applied and protection ensured against unauthorised access.

[26 February 2019]

14. Entities which perform commercial activities in the airside area of the airport have the following obligations:

14.1. to apply security measures preventing prohibited articles from entering an aircraft and the airport security restricted access areas, as well as unauthorised access to their premises;

14.2. according to its competence to perform the airport aviation security programme measures;

14.3. to carry out a background check and security awareness training for all persons recruited and needing to receive the airport permanent pass.

[28 February 2012; 23 May 2017; 26 February 2019]

14.¹ Entities who have been endorsed with the status of a regulated supplier of in-flight supplies, a known supplier of in-flight supplies, and a known supplier of airport stocks have the following obligations:

14.¹ 1. to conform to the security requirements according to the security programme of the regulated supplier of in-flight supplies, the known supplier of in-flight supplies, and the known supplier of airport stocks;

14.¹ 2. to prevent unauthorised access to in-flight supplies and airport stocks;

14.¹ 3. to appoint as the head of the aviation security of the regulated supplier of in-flight supplies, the known supplier of in-flight supplies, and the known supplier of airport stocks a person who is certified in accordance with the laws and regulations regarding certification of the personnel implementing the measures specified in the National Civil Aviation Security Programme;

14.¹ 4. to carry out a background check and organise security awareness training for all persons recruited with access rights to in-flight supplies and airport stocks;

14.¹ 5. to ensure the initial and continuous training for the maintenance of the qualification of the personnel of the regulated supplier of in-flight supplies involved in implementation of the aviation security measures according to the civil aviation security training programmes approved by the Civil Aviation Agency.

[23 May 2017; 26 February 2019]

14.² An entity which performs commercial activities in the airside area of the airport shall fulfil the requirements of the airport aviation security programme applicable thereto.

[23 May 2017; 26 February 2019]

15. The State Fire and Rescue Service according to its competence shall perform tasks that have been specified in the action plan for the prevention of threats to civil aviation aircraft and facilities.

[28 February 2012]

16. The State Emergency Medical Service according to its competence shall perform tasks that have been specified in the action plan for the prevention of threats to civil aviation aircraft and facilities.

[28 February 2012]

17. The Food and Veterinary Service shall evaluate the suitability of the airport infrastructure development projects for efficient implementation of the veterinary, phytosanitary, food safety, non-food product safety, quality, and classification control measures of the Food and Veterinary Service.

[23 May 2017]

18. For the safety management of the information and communication technologies (hereinafter - the system), the airport, aircraft operator, and air navigation service provider shall:

18.1. introduce the Latvian Standard LVS ISO/IEC 27001:2013 "Information technology. Security techniques. Information security management systems" or ensure conformity of the safety management of the system with the criteria and assessment methods indicated in the Latvian Standard LVS ISO/IEC 27001:2013 "Information technology. Security techniques. Information security management systems";

18.2. appoint a responsible person whose duties are to ensure the continuous protection of the system against unauthorised interference, as well as the protection of the data and information necessary for the uninterrupted and secure operation of the institution. The qualifications of the abovementioned person shall meet at least the criteria specified in the profession standards of the information system security specialist.

[23 May 2017 / Paragraph shall come into force on 1 January 2018. See Paragraph 19]

19. Sub-paragraphs 3.19, 4.22, 5.12, and 6.8 and Paragraph 18 of this Regulation shall come into force on 1 January 2018.

[23 May 2017]

Prime Minister V. Dombrovskis

Acting for the Minister for Transport -
Minister for Education and Science T. Koķe

Translation © 2019 Valsts valodas centrs (State Language Centre)