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Ireland National Civil Aviation Facilitation Programme 2018

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Ireland National Civil Aviation Facilitation Programme 2018 - 2021 Prepared by the Department of Transport, Tourism and Sport Table of Contents Introduction 3 Part I –Aims and Objectives of the National Civil Aviation Facilitation Programme 4 Part II – Legislation 5 Part III – Organisation and Management of the Programme 9 Terms of Reference Membership Part IV – Allocation of Responsibilities 11 Designated Authority National Enforcement Body Security Authorities Customs Authority Immigration Authorities Health Authorities Agriculture Authority Airport Operators Aircraft Operators Part V – National Civil Aviation Facilitation Committee Rules of Procedure 20 Part VI – National Facilitation Work Programme 21 2 Introduction Facilitation Facilitation may be defined as a combination of measures and resources intended to improve and optimise aircraft, crew, passenger and cargo flows at airports while ensuring compliance with relevant international and national legislation. Purpose of the National FAL Committee and the NCAFP The establishment of the National Facilitation Committee (National FAL Committee) and of the National Civil Aviation Facilitation Programme (NCAFP) is required by Standard 8.7 in Annex 9 (Thirteen edition July 2011) to the Chicago Convention. The objective of both the Committee and the NCAFP is “to maintain a safe, secure civil aviation environment in which services are delivered in a reliable and efficient manner”. The purpose of the NCAFP is to provide a framework to guide the improvement and optimisation of aircraft, crew, passenger and cargo flows at airports and to improve customer service, while maintaining appropriate security requirements. As such, it provides a frame of reference for planners and managers of international airport operations, describing the obligations of industry as well as the minimum facilities to be provided by the State. The Committee provides a forum for consultation about facilitation matters amongst interested stakeholders in government and the private sector. While committed to facilitating efficient clearance for arriving and departing aircraft, Ireland will maintain high-quality security, effective law enforcement and proficient customer service. Activities aimed at accomplishing these and related tasks are described in the NCAFP. The NCAFP is the responsibility of the Department of Transport, Tourism & Sport, and is implemented through the activities of the National FAL Committee. The Department of Transport, Tourism & Sport is the authority designated by the Irish Government within its administration to be responsible for the development, implementation and maintenance of the NCAFP and for the establishment of a National FAL Committee. The National FAL Committee is chaired by the Director General of Civil Aviation, an Assistant Secretary of the Department of Transport, Tourism & Sport. This is the second National Civil Aviation Facilitation Programme, and follows a review of the first NCAFP which was initiated in late 2014. As with the first Programme, it is intended that this document will be reviewed every three years and will be updated, taking into account revisions from all stakeholders and when national or international regulations (e.g., ICAO Annex 9 SARPs) make this necessary. The coordinating body for amendments is the Department of Transport, Tourism & Sport. 3 Part I Aims of the National Civil Aviation Facilitation Programme The NCAFP aims to address and harmonise the interests of all entities involved in facilitation, e.g., government departments, aircraft operators, commercial air transport users and airports etc. to promote the growth of a safe, reliable and viable air transport industry. The benefits it aims to achieve are to: maintain or increase the quality of aircraft, crew, passenger and cargo flow; maintain or increase the level of passenger service and the cost-effectiveness and efficiency of processes and procedures; facilitate, accommodate and encourage the growth of air transport; and contribute to a positive experience meeting the needs of the travelling public. Objectives of the National Civil Facilitation Programme Good quality facilitation requires a high degree of cooperation among airline operators, service providers, airport authorities and inspection agencies, all of which have a responsibility to contribute to a process of continuous improvement of control processes and service procedures at airports. The overall objective of the NCAFP is thus to facilitate effective coordination between relevant government departments, agencies and the Aviation Industry, as an essential condition for this process of improvement. The specific objectives of the programme are to: Comply with Standard 8.7 in Annex 9 (Thirteen edition July 2011) of the Chicago Convention. Confirm the respective roles and responsibilities of government departments, agencies, Airport Authorities and Aircraft operators in relation to facilitation matters. Keep all stakeholders updated on all National and EU Legislation and International Standards and Recommended Practices as well as proposed amendments to legislation. Deliver an agreed work programme, identifying responsibilities and timeframes for implementation, targeting the improvement of all processes and procedures that impact on facilitation. 4 Part II Legislation The NCAFP is based on international, European and national laws, regulations and recommendations. The establishment of the NCAFP and the National FAL Committee is required by, and based on Annex 9 of the Chicago Convention It is important that aviation standards in Ireland reflect best international practice while adhering to National and EU Legislation. In this regard the following standards and recommended practices, legislation and regulations, at international, European and national levels are taken into account by the NCAFP. International Regulations Chicago Convention on Civil Aviation in particular Articles 10, 13, 14, 22, 23, 37 and 38 Annex 9 to the Chicago Convention, – Facilitation (13th edition, July 2011) Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) International Convention on the simplification and harmonization of Customs procedures (Kyoto Convention) SAFE Framework of measures World Health Organisation - International Health Regulations (IHR) Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963) Convention for the Suppression of Unlawful Seizure of Aircraft (Hague, 1970) Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal, 1971) Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing, 2010) Protocol Supplementary to the (Beijing) Convention for the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing, 2010) Protocol to Amend the (Tokyo) Convention on Offences and Certain Other Acts Committed on Board Aircraft (Montreal, 2014) 5 European Legislation and Recommendations Regulation (EU) No. 952/2013 of the European Parliament and of the Council laying down the Union Customs Code Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 Supplementing Regulation (EU) 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for the implementing certain provisions of Regulation No. 952/2013 of the European Parliament and of the Council laying down the Union Customs Code Regulation (EC) No 889/2002 on air carrier liability in the event of accidents (the Montreal Convention) Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier Regulation (EC) no 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) Regulation (EC) No 300/2008 on common rules in the field of civil aviation security Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (consolidated version of February 2012) Commission Implementing Regulation (EU) No 2015/1998 laying down detailed measures for the implementation of the common basic standards on aviation security European Civil Aviation Conference (ECAC) - Policy Statement in the field of Civil Aviation Facilitation: ECAC Doc 30 Part I (11th edition, December 2009 – June 2012 update) Commission Decision 2007/275 List animals and products to be checked at Border Inspection Posts Commission Implementing Decision 2012/248/EU of 7 May 2012 implemented by European Communities (Avian Influenza) (Control on Movement of Pet Birds) (Amendment) Regulations 2012 6 National Legislation The relevant national legislation for the purposes of NCAFP for each department is outlined below. Each government department is responsible for updating the above lists of relevant national and EU legislation for their respective areas of
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