Subpart A
General
Egyptian Civil Aviation Regulation (ECAR) Part 108 provides the security requirements related to Egyptian Aircraft Operator Security. This regulation is derived from the standards and recommended practices of ICAO Annex 17, the Egyptian Civil Aviation Security Program, the Airport Security Program (ASP) and the Operator’s Security Program for Airlines. Changes or modifications to any of these programs may have related changes to the other programs.
108.1
Objective and applicability
Each Aircraft Operator shall have as its primary
objective the safety of passengers, crew, ground personnel and the general
public in all matters related to safeguarding against acts of unlawful
interference with civil aviation.
(a)
This Part prescribes aviation security rules governing:
(1)
The
domestic and international operations of holders of the Egyptian Civil Aviation
Authority (ECAA) air carrier operating certificates or operating certificates
engaging in scheduled passenger operations or public charter passenger, private charter passenger operations and other
aircraft operators adopting and obtaining approval of an aircraft operator
security program;
(2)
Each
person aboard an aircraft operated by a certificate holder described in paragraph
(1) of this section;
(3)
Each
person at an airport at which the operations described in paragraph (1)
of this section are conducted;
(4)
Each
certificate holder who receives a security directive or information circular
and each person who receives information from a security directive or an
information circular issued by the ECAA; and
(5)
Each
person who files an application or makes entries into any record or report that
is kept, made or used to show compliance under this Part, or to exercise any
privileges under this Part.
(b) Except as provided in 108.105, the
authority of the ECAA under this part is also exercised by any individual
formally designated to act in his capacity. The authority of the ECAA,
including matters under 108.105, may be further delegated.
The following are definitions of terms used
in this Part:
(a) “Airplane (Aircraft) operator” means an individual or organization,
which undertakes or engages in commercial air transportation on either a
scheduled or charter basis.
(b) "Certificate holder" means a person holding an ECAA operating
certificate when that person engages in scheduled passenger or public charter
passenger operations or both.
(c) “Aircraft operator security program” means a security program approved
by the ECAA under this part.
(d) "Passenger seating configuration" means the total number of
seats for which the aircraft is type certificated that can be made available
for passenger use aboard a flight and includes that seat in certain aircraft
which may be used by a representative of the ECAA to conduct flight checks but
is available for revenue purposes on other occasions.
(e) "Private charter" means any charter that engages the total
capacity of an aircraft for the carriage of:
(1)
Passengers in civil or military air movements conducted under contract with the
Government of Egypt or the Government of a foreign country; or
(2)
Passengers invited by the charterer, the cost of which is borne entirely by the
charterer and not directly or indirectly by the individual passengers.
(f) "Public charter" means any charter that is not a "private charter".
(g) "Regulated Agent" means an agent, freight forwarder or any
other entity who conducts business with an aircraft operator and provides
security controls that are accepted by the airport or aircraft operator;
(h) "Scheduled passenger operations" means holding out to the public of air transportation service for passengers from identified air terminals at a set time announced by timetable or schedule published in a newspaper, magazine, or other advertising medium.
(i) "Sterile area" means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program or a security program used in accordance with ICAO Annex 17.
(j) “Aircraft Security Check.” An inspection of the interior of an aircraft
to which passengers may have had access and an Inspection of the hold for the
purposes of discovering suspicious objects, weapons, explosives or other
dangerous devices.
(k) “Background Check.” A check of a person’s identity and previous
experience, including any criminal history, where appropriate, as part of the
assessment of an individual’s suitability for unescorted access to a security
restricted area.
(l) “Cargo.” Any property carried on an aircraft other than mail, stores and
accompanied or mishandled baggage.
(m) “Human Factors Principles.” Principles which apply to design,
certification, training, operations and maintenance and which seek safe
interface between the human and other system components by proper consideration
to human performance.
(n) “Human Performance.” Human capabilities and limitations which have an
impact on the safety, security and efficiency of aeronautical operations.
(o) “Screening.” The application of technical or other means which are
intended to identify and/or detect weapons, explosives or other dangerous
devices which may be used to commit an act of unlawful interference.
(p) “Security.” A combination of measures and human and material resources
intended to safeguard civil aviation against acts of unlawful interference
(q) “Security Control.” A means by which the introduction of weapons,
explosives or other dangerous devices which may be utilized to commit an act of
unlawful interference can be prevented.
(r) “Security Restricted Area.” Airside areas of an airport into which
access is controlled to ensure security of civil aviation. Such areas will
normally include, inter alia, all passenger departure areas between the
screening checkpoint and the aircraft, the ramp, baggage make-up areas, cargo
sheds, mail centers, airside catering and aircraft cleaning premises.
(s) “Unidentified Baggage.” Baggage at an airport, with or without a baggage
tag, which is not picked up by or identified with a passenger
(t) “Checked baggage” means property tendered by or on behalf of a passenger
and accepted by an aircraft operator for transport, which is inaccessible to
passengers during flight. Accompanied commercial courier consignments are not
classified as checked baggage.
(a)
Each aircraft operator
shall allow the ECAA, at any time or place, to make any inspections or tests,
including copying records, to determine compliance of an airport operator,
aircraft operator, foreign air carrier, indirect air carrier, or other airport
tenants with This part and Part 107 and any security program approved under
those parts;
(b)
At the request of the
ECAA, each aircraft operator shall provide evidence of compliance with this
part and its security program, including copies of records.
(c)
The designated inspectors
may enter and be present within secured areas, Air Operations Areas (AOA's),
and Security Identification Desplay Areas (SIDA's) without access media or
identification media issued or approved by an airport operator or aircraft
operator, in order to inspect or test compliance, or perform other such duties
as the ECAA may direct, but only with access or identification medias issued by
the appropriate security authority.
No person may make, or cause to be made, any
of the following:
(a) Any fraudulent or intentionally false
statement in any application for any security program, access medium, or
identification medium, or any amendment thereto, under this Part;
(b) Any fraudulent or intentionally false entry in
any record or report that is kept, made, or used to show compliance with this
Part, or to exercise any privileges under this Part; or
(c) Any reproduction or alteration, for fraudulent
purpose, of any report, record, security program, access medium, or
identification medium issued under this Part.
108.9
Security responsibilities of employees and other persons
(a) No person may tamper or interfere with, compromise, modify, attempt to
circumvent, or cause a person to tamper or interfere with, compromise, modify,
or attempt to circumvent any security system, measure, or procedure implemented
under this part.
(b) No person may enter, or be present within, a secured area, AOA, SIDA, or
sterile area without complying with the systems, measures, or procedures being
applied to control access to, or presence in, such areas.
(c) No person may use, allow to be used, or cause to be used any
airport-approved or aircraft operator-issued access medium or identification
medium that authorizes the access, presence, or movement of persons or vehicles
in secured areas, AOA's, or SIDA's, in any other manner than that for which it
was issued by the appropriate authority under this part, or ECAR Part 107.
108.11
Reserved
108.13 Standards for security oversight
(a) Each certificate holder shall ensure that:
(1)
Each person performing a security related function for the certificate holder
has knowledge of the provisions of ECAR Part 108, applicable security
directives and information circulars promulgated pursuant to 108.305, and the
certificate holder's security program to the extent that the performance of the
function imposes a need to know.
(2) Daily, a ground security manager at each
airport:
(i) Reviews all security related functions for
effectiveness and compliance with this Part, the certificate holder's security
program, and applicable security directives; and
(ii)
Immediately initiates
corrective action for each instance of noncompliance with this Part, the
certificate holder's security program, and applicable security directives.
(b) The requirements prescribed in paragraph (a) of this section apply to all security-related functions performed for the certificate holder whether by a direct employee or a contractor employee.