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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 444

Adopted 8 August 2017

Procedures for the Certification of the Personnel Involved in Implementation of Measures of the National Civil Aviation Security Programme

Issued pursuant to Section 31, Paragraph three
and Section 57, Paragraph five
of the law On Aviation

I. General Provisions

1. The Regulation prescribes the procedures for the certification:

1.1. natural persons and legal persons and institutions authorised to conduct initial and recurrent training (hereinafter - the training), and also improving the qualifications of civil aviation personnel;

1.2. personnel which implements the measures laid down in the National Civil Aviation Security Programme.

2. The terms used in this Regulation conform to the terms used in the following Regulations:

2.1. in Article 3 of 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 (hereinafter - Regulation No 300/2008);

2.2. Commission Implementing Regulation (EU) 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).

3. Within the meaning of this Regulation:

3.1. training provider - a natural person, legal person or institution which is authorised to train and certify aviation security staff and supervisory staff in accordance with the training programme approved by the State agency Civil Aviation Agency (hereinafter - the Civil Aviation Agency);

3.2. independent validator - a natural person who upon assignment by the Civil Aviation Agency is entitled to verify the compliance of the persons referred to in point 6.3, 6.4, or 8.1.3 of Annex to Regulation No 2015/1998 with the requirements of Regulation No 300/2008, Regulation No 2015/1998, and other laws and regulations regarding civil aviation security;

3.3. member of the aviation security staff - a natural person who has been granted the qualification to perform the security screenings referred to in point 11.2.3.1, 11.2.3.2, 11.2.3.3, 11.2.3.4, 11.2.3.5, or 11.2.3.6 of Annex to Regulation No 2015/1998;

3.4. supervisor - a natural person who directly supervises the persons implementing security control and who has been granted qualification in accordance with the requirements of point 11.2.4 of Annex to Regulation No 2015/1998;

3.5. a staff member of an airport, aircraft operator or entity (hereinafter - the staff member of an aviation organisation) - a natural person who has been granted the qualification to perform the security screenings referred to in point 11.2.3.6, 11.2.3.7, 11.2.3.8, 11.2.3.9, or 11.2.3.10 of Annex to Regulation No 2015/1998 or who is required to complete the training listed in points 11.2.6 or 11.2.7 of Regulation No 2015/1998 for the performance of his or her work duties;

3.6. aviation security manager - a natural person who is defined as the security manager in point 11.2.5 of Regulation No 2015/1998;

3.7. quality assurance manager - a natural person who in accordance with the Civil Aviation Security Quality Programme has been appointed by the aviation organisation as the employee responsible for internal quality control of aviation security.

4. A training provider, an instructor, an independent validator, a quality assurance manager, and an aviation security manager shall be certified by the Civil Aviation Agency.

5. A member of the supervisory staff and aviation security staff shall be certified if he or she meets the requirements of this Regulation and the training provider has issued a certificate to him or her on successful completion of the training programme approved by the Civil Aviation Agency.

6. The staff member of an aviation organisation shall be certified if he or she meets the requirements of this Regulation and if the employer has acknowledged that he or she has acquired the competences referred to in point 11.2.3.6, 11.2.3.7, 11.2.3.8, 11.2.3.9, or 11.2.3.10 of Annex to Regulation No 2015/1998, or the staff member has completed the training listed in point 11.2.6 or 11.2.7 of Annex to Regulation No 2015/1998.

7. An official or employee of a State institution who in accordance with the National Civil Aviation Security Programme performs work duties in the territory of an airport and who requires a permanent airport pass for the performance of these duties is deemed compliant with the requirements of Annex to Regulation No 2015/1998 if a training provider has certified successful completion of the training programme laid down in point 11.2.3.5 or 11.2.6 of Annex to Regulation No 2015/1998 in the field of aviation security depending on the scope of work duties of the employee relevant to aviation security.

8. Decisions of the Civil Aviation Agency which have been taken in accordance with this Regulation may be contested or appealed in accordance with the procedures laid down in the Administrative Procedure Law.

II. Certification of Training Providers

9. A training provider is authorised to organise and ensure the initial and recurrent training in aviation security (maintaining or improving of qualification) if it has received a certificate where the relevant type of aviation security training is specified.

10. A person who intends to apply for the certificate of a training provider (hereinafter - the applicant) shall submit the following documents to the Civil Aviation Agency:

10.1. an application for the receipt of a certificate, specifying the intended type of the training, the name, legal address of the aviation organisation or institution, the given name, surname, position of the responsible official;

10.2. a list of instructors together with documents documents attesting the qualification and work experience of each instructor;

10.3. the list of training aids and equipment to be used in the training process;

10.4. the initial and recurrent training programmes in which the following information shall be included:

10.4.1. the aim and content of the training course;

10.4.2. the methodology of the training course;

10.4.3. a detailed description and duration of the theoretical training process;

10.4.4. a detailed description and duration of the practical training process;

10.4.5. a detailed description and duration of the computer based training process;

10.4.6. a detailed description and duration of the on-the-job training process;

10.4.7. the qualification criteria for successful theoretical and practical training of the persons to be trained;

10.4.8. the procedures for examination and evaluation.

11. The qualification documents of an instructor referred to in Sub-paragraph 10.2 of this Regulation need not be submitted if they have been issued by the Civil Aviation Agency.

12. When developing a training programme, the applicant shall take into account the requirements referred to in points 11.2, 11.3, and 11.4 of Annex to Regulation No 2015/1998.

13. The Civil Aviation Agency shall, within 30 days, examine the documents referred to in Paragraph 10 of this Regulation, evaluate the ability of the applicant to provide the training in accordance with the requirements of Regulation No 2015/1998, and take a decision to approve the initial and recurrent training programme, to issue a certificate of a training provider, or to refuse to issue the certificate.

14. The certificate of a training provider shall include the following information:

14.1. the full name of the State institution;

14.2. the number of the certificate;

14.3. the name, registration number, legal address of the training provider;

14.4. the certified types of the training;

14.5. the date of issue of the certificate;

14.6. the term of validity of the certificate;

14.7. the given name, surname, signature of the responsible official of the State institution.

15. The Civil Aviation Agency shall refuse to issue a certificate of a training provider if:

15.1. any of the documents referred to in Paragraph 10 of this Regulation have not been submitted;

15.2. other requirements of this Regulation or requirements for the training of an aviation security instructor or aviation security staff laid down in other laws and regulations have not been complied with.

16. The Civil Aviation Agency shall conduct the compliance monitoring of training providers in accordance with the requirements of Annex II to Regulation No 300/2008 and the Civil Aviation Security Quality Control Programme.

17. The training provider has the following responsibilities:

17.1. to submit information to the Civil Aviation Agency on any amendments to the documents referred to in Paragraph 10 of this Regulation;

17.2. upon request of the Civil Aviation Agency, to submit a list of persons who have been issued a certificate in accordance with this Regulation;

17.3. prior to introduction of changes to training programmes to submit them for approval to the Civil Aviation Agency;

17.4. to keep himself/herself informed about the amendments to Regulation No 300/2008, Regulation No 2015/1998, and other laws and regulations related to civil aviation security and to make changes in the initial and recurrent training programme, as required, in compliance with the requirements referred to in Sub-paragraph 17.3 of this Regulation;

17.5. to ensure that the instructors involved in the training process are in possession of a valid document attesting qualification, and to ensure, not less than once a year, appropriate courses for improving qualification of instructors.

18. If the Civil Aviation Agency establishes that the training provider does not comply with the requirements of this Regulation, it shall decide to temporarily suspend the operation of the certificate issued to the training provider and determine the period of time during which the training provider must eliminate the established non-compliances.

19. The Civil Aviation Agency shall decide to withdraw the certificate issued to a training provider if the training provider:

19.1. has not eliminated the established non-compliances in the laid down period of time in accordance with Paragraph 18 of this Regulation;

19.2. refuses to exercise the right to provide the training specified in the certificate.

20. For a training provider certified in another Member State of the European Economic Area to provide training in the Republic of Latvia to the categories of personnel listed in this Regulation, it shall submit to the Civil Aviation Agency the information laid down in Sub-paragraphs 10.2, 10.3, and 10.4 of this Regulation and a confirmation that the training programme has been approved by the responsible institution of the relevant Member State.

21. Within 15 days after receipt of the information referred to in Paragraph 20 of this Regulation, the Civil Aviation Agency shall issue an opinion to a training provider certified in another Member State of the European Economic Area on its ability to provide the training in accordance with the requirements of Regulation No 2015/1998.

III. Requirements for the Certification of the Supervisor, Member of the Aviation Security Staff, and Staff Member of an Aviation Organisation

22. A person can be employed as a supervisor if he or she:

22.1. has attained 23 years of age;

22.2. has completed at least secondary education or holds a diploma which allows the person to continue studies in an institution of higher education;

22.3. is fluent in the official language in accordance with the requirements laid down in the Official Language Law;

22.4. has acquired at least one foreign language at the level of spoken language;

22.5. has been employed as a member of the aviation security staff for at least two years;

22.6. has completed a training programme approved by the Civil Aviation Agency in accordance with the requirements referred to in point 11.2.4 of Annex to Regulation No 2015/1998 and has received a certificate from a training provider on successful completion of examinations provided for in the training programme (at least 75 per cent of correct answers).

23. A person can be employed as a member of the aviation security staff if he or she:

23.1. has attained 21 years of age;

23.2. meets the requirements referred to in Sub-paragraphs 22.2, 22.3, and 22.4 of this Regulation;

23.3. who has completed an initial training programme approved by the Civil Aviation Agency in accordance with the requirements referred to in point 11.2.3.1, 11.2.3.2, 11.2.3.3, 11.2.3.4, 11.2.3.5, or 11.2.3.6 of Annex to Regulation No 2015/1998 and has received a certificate from a training provider on successful completion of examinations provided for in the training programme (at least 75 per cent of correct answers).

24. In addition to the requirements referred to in Paragraph 23 of this Regulation a person can be employed as a member of the aviation security staff whose tasks will include the performance of screenings with the equipment listed in points 12.3, 12.4 and 12.11 of the Annex to Regulation No 2015/1998 if he or she successfully completes a computer based test where the ability of the person to interpret the images generated by the equipment and detect the prohibited articles present in these images is examined.

25. A person can be employed as a staff member of an aviation organisation if he or she has successfully completed a training programme approved by the Civil Aviation Agency in conformity with the requirements referred to in point 11.2.3.6, 11.2.3.7, 11.2.3.8, 11.2.3.9, or 11.2.3.10 of Annex to Regulation No 2015/1998 and has received an identification card of a staff member of an aviation organisation.

26. The training programme referred to in Sub-paragraphs 22.6 and 23.3 and Paragraph 24 of this Regulation shall be completed at a training provider, and the training programme referred to in Paragraph 25 of this Regulation - at the employer or a training provider.

27. Persons shall commence the training programme referred to in Sub-paragraphs 22.6 and 23.3 and Paragraphs 24 and 25 of this Regulation if, in accordance with point 11.1 of Annex to Regulation No 2015/1998, the employer conducted a successful background check of the person and assessed the compliance with the requirements of this Regulation and Regulation No 2015/1998.

28. The employer shall ensure that the supervisor, member of the aviation security staff and staff member of an aviation organisation completes recurrent training in accordance with the procedures laid down in point 11.4 of Annex to Regulation No 2015/1998.

IV. Certification of Aviation Security Managers, Quality Assurance Managers, Instructors, and Independent Validators

29. A person can be employed as the aviation security manager or quality assurance manager if he or she:

29.1. has attained 25 years of age;

29.2. is a citizen of a Member State of the European Economic Area;

29.3. has completed a training programme for aviation security managers approved by the Civil Aviation Agency or a training programme for managers of internal quality control;

29.4. has successfully completed an examination by the Civil Aviation Agency on the requirements of the legal acts applicable in the operation of an aviation organisation, the procedures for implementing aviation security measures or, respectively, the procedures for internal quality control (at least 85 % of correct answers).

30. The requirement referred to in Sub-paragraph 29.3 of this Regulation shall not apply to persons who have completed a training programme for aviation security managers approved by the responsible authority of any other Member State of the European Economic Area or have completed an internationally recognised aviation security managers training course.

31. In addition to the requirements referred to in Paragraph 29 of this Regulation the following requirements shall be applied to an aviation security manager of an airport:

31.1. the person has been employed as a member of the airport aviation security staff, a supervisor, a quality assurance manager, an aircraft operator, or an aviation security manager or instructor of an aircraft operator or entity for at least three years or has been employed in a State institution for not less than five years performing duties in relation to public order and security;

31.2. the person has knowledge of the procedures for implementing the measures laid down in the aviation security programme of the airport and the requirements of the international legal acts and national laws and regulations governing aviation security.

32. In addition to the requirements referred to in Paragraph 29 of this Regulation the following requirements shall be applied to an aviation security manager of an aircraft operator:

32.1. the person has been employed as a member of the airport aviation security staff, a supervisor, a quality assurance manager, an instructor, or the responsible official of the operator in any of the areas listed in point ORO.AOC.135(a) of Annex III to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council for at least three years, or has been employed in a State institution for not less than five years carrying out duties in relation to public order and security;

32.2. the person has knowledge of the procedures for implementing the measures specified in the aviation security programme of the aircraft operator and the requirements of the international legal acts and national laws and regulations governing aviation security, including the requirements of the national laws and regulations governing aviation security in countries from which the aircraft operator performs carriage by air.

33. In addition to the requirements referred to in Paragraph 29 of this Regulation the following requirements shall be applied to an aviation security manager of civil aviation airfield:

33.1. the person has been employed as the responsible employee of a civil aviation airfield for at least three years or conforms to the requirements referred to in Sub-paragraph 31.1 or 32.1 of this Regulation;

33.2. the person has knowledge of the procedures for implementing the measures specified in the aviation security programme of a civil aviation airfield airport and the requirements of the international legal acts and national laws and regulations governing aviation security.

34. In addition to the requirements referred to in Paragraph 29 of this Regulation the following requirements shall be applied to an aviation security manager of the regulated agent:

34.1. the person has been employed as the responsible employee of the agent for at least three years or conforms to the requirements referred to in Sub-paragraph 31.1 or 32.1 of this Regulation;

34.2. the person has knowledge of the procedures for implementing the measures laid down in the aviation security programme of the agent and the requirements of the international legal acts and national laws and regulations governing aviation security.

35. In addition to the requirements referred to in Paragraph 29 of this Regulation the quality assurance manager may be a person who:

35.1. conforms to the requirements referred to in Sub-paragraph 31.1, 32.1, 33.1, or 34.1 of this Regulation taking into account in which aviation organisation the person is applying for the position of the quality assurance manager;

35.2. has knowledge of the security measures, internal control principles and procedures applicable to the relevant aviation organisation, as well as the performance standards of the security control equipment and systems used if such equipment and systems are used.

36. A person can be employed as an instructor if he or she:

36.1. has attained 23 years of age;

36.2. has been employed as a member of the aviation security staff for at least two years;

36.3. has completed a training programme for instructors approved by the Civil Aviation Agency in accordance with the requirements referred to in point 11.5.1 of Annex to Regulation No 2015/1998 and has successfully passed examinations provided for in the training programme for instructors (at least 85 per cent of correct answers);

36.4. conforms to the requirements referred to in points 11.5.2, 11.5.4, and 11.5.5 of Annex to Regulation No 2015/1998.

37. The requirement referred to in Sub-paragraph 36.3 of this Regulation shall not apply to persons who have completed a training programme for instructors approved by the responsible authority of any other Member State of the European Economic Area or have completed an internationally recognised aviation security instructors training course.

38. A person can be employed as an independent validator if he or she conforms to the requirements laid down in point 11.6.3 of Annex to Regulation No 2015/1998 and one of the following conditions:

38.1. has received the certificate of an instructor, but does not work as an instructor;

38.2. has been employed as a member of the aviation security staff for not less than five years.

39. In order to obtain the certificate of an instructor, independent validator, quality assurance manager or aviation security manager, the person shall submit the following documents to the Civil Aviation Agency:

39.1. an application for the receipt of a certificate in which the given name, surname, personal identity number, address of the declared place of residence, institution (organisation) where the relevant training programme or courses have been completed, and the awarded qualification shall be indicated;

39.2. a copy of the document attesting completion of the training programme or the courses referred to in Paragraph 30 or 37 of this Regulation and obtaining of the relevant qualification;

39.3. a copy of the document attesting the compliance of the person with the requirements referred to in Sub-paragraphs 31.1, 32.1, 33.1, 34.1, 35.1, 36.2 or 38.2 of this Regulation.

40. The persons who apply for the certificate of an instructor, independent validator, quality assurance manager or aviation security manager shall be required to pass an examination conducted by the Civil Aviation Agency. The Civil Aviation Agency shall, within 10 working days after receipt of all the documents referred to in Paragraph 39 of this Regulation, inform the person of the time scheduled for taking examination. Examination is successfully completed if the pass mark of at least 85 per cent of correct answers.

41. The Civil Aviation Agency shall, within five working days after successful completion of the examination referred to in Paragraph 40 of this Regulation, take a decision to issue the certificate of an instructor, independent validator, quality assurance manager or aviation security manager or to refuse to issue the certificate accordingly.

42. The following information in Latvian and English shall be indicated in the certificate of an instructor, independent validator, quality assurance manager or aviation security manager:

42.1. the full name of the State institution;

42.2. the number of the certificate;

42.3. the given name, surname, personal identity number of the person;

42.4. the qualification obtained by the person;

42.5. the date of issue of the certificate;

42.6. the term of validity of the certificate;

42.7. the given name, surname, signature of the responsible official of the State institution.

43. The Civil Aviation Agency shall refuse to issue the certificate of an instructor, independent validator, quality assurance manager or aviation security manager if:

43.1. any of the documents referred to in Paragraph 39 of this Regulation have not been submitted;

43.2. the examination referred to in Paragraph 40 of this Regulation has not been passed.

44. The certificate of an instructor, independent validator, quality assurance manager or aviation security manager shall be valid for five years.

45. The instructor, independent validator, quality assurance manager and aviation security manager are responsible for completing the respective courses for maintaining or improving qualification or to participate in a seminar regarding topicalities in the field of civil aviation security at least once a year.

46. The Civil Aviation Agency shall take a decision to extend the term of validity of a certificate referred to in Paragraph 44 of this Regulation if the relevant instructor, independent validator, quality assurance manager or aviation security manager, not later than 10 working days prior to expiry of the term of validity of the certificate, submits an application for the extension of the certificate and a copy of the certificate or another document attesting that the requirements referred to in Paragraph 45 of this Regulation have been met.

47. The Civil Aviation Agency shall take a decision to temporarily suspend the operation of the certificate issued to an instructor, independent validator, quality assurance manager or aviation security manager if the instructor, independent validator, quality assurance manager or aviation security manager does not comply with the requirements of this Regulation, determining a period of time of not less than 30 days during which the instructor, independent validator, quality assurance manager or aviation security manager must eliminate the established non-compliances.

48. The Civil Aviation Agency shall take a decision to cancel the certificate issued to an instructor, independent validator, quality assurance manager or aviation security manager if the instructor, independent validator, quality assurance manager or aviation security manager:

48.1. has not eliminated the established non-compliance within the specified time period;

48.2. informs the Civil Aviation Agency that he or she refuses to carry out official duties.

V. Closing Provisions

49. Cabinet Regulation No. 463 of 18 May 2010, Regulations Regarding Certification of Persons Involved in Security Checks of Passengers, Luggage and Cargo and Certification of the Persons Involved in Preparation and Raising of Qualification of Such Persons (Latvijas Vēstnesis, 2010, No. 87; 2014, No. 99), is repealed.

50. Certificates of training providers, instructors, independent validators, quality assurance managers, aviation security managers, supervisors, aviation security staff, and staff members of an aviation organisation which have been issued in accordance with Cabinet Regulation No. 463 of 18 May 2010, Regulations Regarding Certification of Persons Involved in Security Checks of Passengers, Luggage and Cargo and Certification of the Persons Involved in Preparation and Raising of Qualification of Such Persons, shall remain valid until the end of the time period specified in the relevant certificate.

Prime Minister Māris Kučinskis

Minister for Transport Uldis Augulis


Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 444Adoption: 08.08.2017.Entry into force: 11.08.2017.Publication: Latvijas Vēstnesis, 158, 10.08.2017. OP number: 2017/158.5
Language:
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