European Union Civil Aviation security measures

Overview

The purpose of this paper is to consult on the proposed application of specified European Union (EU) civil aviation security measures to the Isle of Man with appropriate modification, which would replace and update EU legislation previously applied to the Island.

The Isle of Man is recognised by the EU as applying security standards equivalent to the EU common basic standards. Additionally, flights to and from the Island are afforded domestic status by the UK. Therefore, it is necessary to apply the most recent EU measures in order to maintain this status.

The consultation is considered to be of direct relevance to:

• Isle of Man Airport and their contracted agents 
• air carriers operating to and from the Isle of Man
• agents, freight forwarder, or any other entity who ensures security controls in respect of cargo or mail
• consigners who originate cargo or mail for their own accord for carriage on aircraft
• providers of airport and in-flight supplies, goods and services
• Police authorities and any other entities responsible for the escort of potentially disruptive passengers.

It is expected that the Order will come into effect before the end of 2017.

Why your views matter

The Isle of Man is recognised by the European Union (EU) as applying security standards equivalent to the EU common basic standards. Additionally, flights to and from the Island are afforded domestic status by the UK. These arrangements have the following benefits:

• ensures appropriate measures to maintain public safety
• contributes to fulfilment of the Island’s international obligations under the Chicago Convention on Civil Aviation
• maintains the Island’s reputation as a responsible jurisdiction

At present the following EU regulation is applied to the Island:

• Regulation (EC) No. 300/2008 - however, not all aspects of the regulation were applied and the regulation has since been subject to amendment by the EU. Additionally there has been an EU regulation made which further supplements the content of Regulation (EC) No.300/2008.
• Commission Regulation (EU) No 185/2010 as amended by Commission Regulation (EU) No 357/2010 – however, this has subsequently repealed in EU law and replaced by Commission Implementing Regulation (EU) 2015/1998.

In support of maintaining the Island’s EU recognition and UK domestic status, the applicable legislation in the Isle of Man must reflect that in place in the EU and UK. Therefore, it is proposed that the application of the above EU legislation to the Island is repealed and the following EU regulations are applied by order to the Isle of Man with appropriate modification where necessary:

• Regulation (EC) No 300/2008 as amended by Commission Regulation (EU) No 18/2010 and incorporating the content of Commission Regulation (EU) 1254/2009

Commission Regulation (EC) 272/2009 as amended by:

• Commission Regulation (EU) No 297/2010 
• Commission Regulation (EU) No 720/2011
• Commission Regulation (EU) No 1141/2011
• Commission Regulation (EU) No 245/2013

Commission Implementing Regulation (EU) 2015/1998 as amended by:

• Commission Implementing Regulation (EU) 2015/2426
• Commission Implementing Regulation (EU) 2017/815

As is the case for the currently applied EU regulations, the application of the regulations place direct requirements on the following entities:

• The Department of Economic Development, as the ‘appropriate authority’ responsible for the coordination and monitoring of the implementation of the Island’s civil aviation security programme
• The Department of Infrastructure, as the operator of Isle of Man Airport
• All operators, including air carriers, providing services at Isle of Man Airport
• Regulated agents, ie air carriers, agents, freight forwarders or any other entity who ensures security controls in respect of cargo or mail
• Known consignors, ie a consignor who originates cargo or mail for its own account and whose procedures meet common security rules and standards sufficient to allow carriage of cargo or mail on any aircraft
• Account consignors, ie a consignor who originates cargo or mail for its own account and whose procedures meet common security rules and standards sufficient to allow carriage of that cargo on all-cargo aircraft or mail on all-mail aircraft
• All entities applying aviation security standards that operate from premises located inside or outside Isle of Man Airport premises and provide goods and/or services to or through Isle of Man Airport.
• Police authorities and any other entities responsible for the escort of potentially disruptive passengers