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Mike Woodall Head: Aviation Security Regulation (Projects) Aviation Security Division Aviation Directorate UK Department For Transport. UK’s Risk Based Approach to ‘Derogations’. Host State Responsibility. Annex 17
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Mike Woodall Head: Aviation Security Regulation (Projects) Aviation Security Division Aviation Directorate UK Department For Transport
Host State Responsibility • Annex 17 • 2.1.1 – Each contracting State shall have as its primary objective the safety of passengers, crew, ground personnel and the general public … safeguarding against acts of unlawful interference with civil aviation
EU Regulations • Regulation (EC) No 1254/2009 • Having regard to (EC) No 300/2008… • Article 1 – Member States may derogate from the common basic standards… and adopt alternative security measures
UK Approach • Derogated ALL categories e.g. less than 10,000kg, helicopters, law enforcement and fire suppression flights, medical, emergency or rescue services, R&D, aerial work, flights by air carriers, aircraft manufacturers or maintenance companies, transporting neither passengers and baggage, nor cargo and mail. But… • Did not derogate Humanitarian Aid Flights – unless under 10,000kg And…
UK Approach • Chose to sub-divide derogation category 10… • Flights with aircraft with a maximum take-off weight of less than 45,500 kilograms for the carriage of own staff and non fare-paying passengers or goods as an aid to the conduct of company business – into… • A) company owned aircraft used for company business (derogated) • B) aircraft chartered for company business (may be derogated) • C) fractionally owned aircraft used for company business (may be derogated)
Demarcated Areas • A derogation may only be utilised if… • A) a regulated airport chooses to create a demarcated area (they are free to choose not to do so) • B) the airport is wholly derogated As such… • A) Alternative security measures apply • B) NaCTSO guidance applies
“He that will not apply new remedies must expect new evils, for time is the greatest innovator.” Francis Bacon: 1561-1620