The European Air Freight Security Regulations. Latest Updates on Fine Art Transportation

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Madeleine Wilkins
6 years ago
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1 The European Air Freight Security Regulations Latest Updates on Fine Art Transportation

2 Agenda I. European Air Freight Security Regulations II. III. IV. The Secure Supply Chain and its involved Parties Why Air Freight Handling by an Expert is important Special Regulations and additional Information on Fine Art Air Cargo Shipments 2

Most Relevant EU-Regulations EU Reg. 300/ 2008: This regulation is substantial for air freight security in Europe. It forms the framework for the protection of European civil aviation. EU Reg. 300/2008 replaces the former regulation EU Reg.

3 Most Relevant EU-Regulations EU Reg. 300/ 2008: This regulation is substantial for air freight security in Europe. It forms the framework for the protection of European civil aviation. EU Reg. 300/2008 replaces the former regulation EU Reg. 2320/2002. Implementing regulation EU Reg. 185/ 2010: EU Reg. 185/2010 gives detailed advice for all involved parties on how to implement the new security regulations. Among other things it describes how staff has to be trained and which processes they have to comply to. 3

Within the Secure Supply Chain freight can be secured before it is delivered to the air carrier / airport.

4 Secure Supply Chain Known Consignor (Museum, Gallery) Regulated Agent (Fine Art Logistic Company) Air Carriers Air carriers are obliged to only load secured air freight onto an aircraft. Within the Secure Supply Chain freight can be secured before it is delivered to the air carrier / airport. When this is the case, shipments can be loaded onto the aircraft without further security checks at the airport. Purpose: Reducing security checks at the airport and acceleration / optimization of logistic processes 4

5 Secure Supply Chain Involved parties Known Consignor (KC): Since April 2013 KCs need to be accredited through national authorities by undergoing an audition process that involves a thorough check of their storage facilities, infrastructure and employee training. In Germany from previously KCs only 958 KCs have kept their status. Account Consignor (AC): An AC originates cargo for his own account and whose procedures used to meet common security rules. The AC did not need to get accredited by national authorities, but by the Regulated Agent. From , AC s have now comply to similar security regulations as the KC (e.g. having at least one security officer for each branch, submission of an air security program, etc.) Furthermore, shipments of an AC are only allowed on freighters, not on passenger aircrafts, which limits flexibility considerably. Due to this new regulation, over companies have already revoked their AC status in Germany. 5

Secure Supply Chain Involved parties Regulated Agent (RA): RAs play a central role in the secure supply chain. They are qualified to secure and handle shipments that have the status unsecure.

6 Secure Supply Chain Involved parties Regulated Agent (RA): RAs play a central role in the secure supply chain. They are qualified to secure and handle shipments that have the status unsecure. Security checks are performed by specially trained and certified aviation security officers. Similar to KCs, RAs are certified by national authorities, but with higher requirements! Currently 953 companies have a RA status in Germany 6

Application Procedure for a Known Consign

Implementation of security measures on every site Conception and submission of an air cargo security program

7 Application Procedure for a Known Consignor (KC) Consignor (e.g. Museum, Gallery) Application National Authority Known Consignor Requirements to become a Known Consignor : Implementation of security measures on every site Conception and submission of an air cargo security program Security training for staff that has access to identifiable air freight Thorough background check on staff and conducting yearly internal audits Etc. Tasks of national authority: Inspection / audit of all KC locations Certification / denial of the KC status Unannounced audits to verify compliance Recertification after five years Etc. This certification process is expensive and time consuming! 7

EU overview on museums that have obtained a KC status: No museum with KC status So far no museum with KC status 21 museums from 86 National Institutions No museum No museum 2 museums, more museums

8 EU overview on museums that have obtained a KC status: No museum with KC status So far no museum with KC status 21 museums from 86 National Institutions No museum No museum 2 museums, more museums might follow Consequences: Every shipment coming from a museum without a KC status is unsecure and has to be security checked before loading onto an aircraft. Possible solutions: Solutions for Unknown Consignors 1) Security check at the airport 2) Security check beforehand by a Regulated Agent 8

9 Allowed Control Methods Valid control methods for freight and post shipments at the airport: Handsearch / visual check (Unpacking) X-ray (maximum dimensions 170cm x 170cm) Explosive detection dogs Explosive trace detectors (ETD) / swipe sample Simulation chamber (rarely used, due to high costs) 9

Why Air Freight Handling by an Expert is Important Security checks at the airport can be dangerous for sensitive and valuable fine arts: Sensitive objects would be handled by airport personnel that

10 Why Air Freight Handling by an Expert is Important Security checks at the airport can be dangerous for sensitive and valuable fine arts: Sensitive objects would be handled by airport personnel that is not trained for fine art handling If the object has to be checked by sight, climate crates need to be opened. Possibility of delays due to high volumes of unsecured shipments Under specific circumstances: Loss of insurance cover Special Regulation for Germany: (Example of incorrect fine art handling) According to a special regulation in Germany, an aviation security officer deployed by the RA is authorized to secure shipments on museums premises. This regulation is valid only for the transport of fine arts objects (according to customs tariff) and for public museums. 10

11 Additional Information and Changes ACC3 (Air Cargo/Mail Carrier operating into the Union from a Third Country Airport): Based on an incident in October 2010, a new regulation is coming into effect on Air cargo shipments transported to or via Europe have to be checked and secured before coming into the European Union. Affected are Air Carriers who now need to make sure that their ground stations in non-eu countries are properly installed and certified for securing air shipments. As a matter of fact, Lufthansa just recently increased their Security Surcharge by 25%. In case a shipment is transported into the European Union through a secure supply chain, the Regulated Agent has to take full responsibility for assigning the shipment as secured. Regulated Agents are becoming increasingly important for European museums and their fine art transports The EU regulations are a framework that every European country implements in a different way hasenkamp fulfills all requirements and is a certified Regulated Agent at all branches. 11

12 More Information on European Air Freight Security Further Information on European Air Freight Security Regulations and CITES Regulations: Federal Aviation Offices: EU Mobility and Transport Aviation Security: EU regulations: EU Reg. 300/2008 EU Reg. 185/2010 This presentation can be viewed on: ( Company Air Cargo Security) 12

Thank you for your attention! www.hasenkamp.

13 Thank you for your attention! hasenkamp Holding GmbH Europaallee Cologne Germany Tel.: + 49 (0)

14 Additional Information and Changes Tightening of U.S. Trade Control CITES: From February 11 th 2014, the CITES-regulations have been tightened as the commercial importation of any ivory (including antiques) into the United States has been restricted. Only allowable exception: Museum Exhibition Loans, with proof that Ivory was not involved in any commercial transaction after 1976 and has not been modified or repaired with any endangered species. (Firm Provenance necessary!) Regulations for all other Endangered Species: Object must be over 100 years to qualify as Antique CITES Exemption Much more detailed and extensive backup documentation for prove of Genus, Species and Age necessary as required in the past years. These regulations do not just apply for commercial shipments, but for museum loans as well! (Time-consuming and increased costs!) Example: Import of ancient desk into US has been denied, due to wrong scientific description! Instead of Dermochelys coriacea, Cheloniidae spp. has been used. However, both types (turtles) are considered as endangered species! 14

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