Loopholes in the EU security rules

Loopholes in the EU security rules governing air cargo in passenger aircraft could remain for another two years despite the introduction of revised rules intended to tighten security, reports the UK's Shippers' Voice.

An expert source working close to the issue believes many European member states are not ready to provide independent validation programmes for shippers in time for the implementation deadline this April, so are allowing the existing system to run for another two years, said the report.

"This means that the desired effect of bringing all EU member states into line with the stricter regulations regarding 'known shippers/consignors' that already exist in some countries such as the UK - requiring shippers to be audited and validated by authorised independent inspectors - will not happen until April 2012," says Shippers' Voice managing partner Andrew Traill.

"At the moment, to become a 'known' consignor, the current rules in many parts of Europe are surprisingly tame: a shipper need only provide an annual security declaration to a minimum of one Regulated Agent, ie an agent that has been authorised to receive freight from a 'known consignor', and then to maintain the security of the freight whilst it is in their charge," said Dr Traill.

"The 'known consignor' must be identified to the appropriate administration responsible for air cargo security in each member state and recorded on a list. The Regulated Agent should satisfy itself that the 'known consignor' is applying appropriate security to the air freight before handing it over to them."

Said Dr Traill: "The problem with this approach has been whether Regulated Agents properly assess their customers' security measures before qualifying them to be 'known consignors'.

"This issue was recognised by some EU member states, such as the UK and Ireland, a number of years ago, so they introduced rules requiring shippers to be audited and validated by authorised independent inspectors. The purpose of the new EU rules was to bring everyone else into this more regulated system by April 2010."

However, from what Shippers' Voice has learnt, it appears that, as the new air cargo regulations (EC 300/2008 and EC 272/2009) are currently worded, all EU 'known consignors', who have been recognised by (valid) Regulated Agents in their member states prior to April 2010, will be able to continue enjoying 'known consignor' status (assuming they continue to provide annual statements) for a further 24 months after the new regulations go into effect.

Source: Transportweekly