It is “that time of the year” again, 73 days to Christmas and, 80 days until the 58th Edition of the IATA Dangerous Goods Regulations come into effect.
The 58th Edition of the IATA Dangerous Goods Regulations contain several very important changes and additions and it is essential that you and your organisation have the latest information in order to ensure that you are able to facilitate the safe transport of dangerous goods.
Professional Aviation Services understand the dangerous goods environment; we will ensure that you remain fully compliant.
Professional are authorised IATA Publications Resellers and offer the full range of IATA publications, posters and electronic products, we guarantee the best prices, expedited shipping and discounts on bulk orders.
Contact David today on firstname.lastname@example.org, Professional will guide you to ensure that you get full value for your dangerous goods compliance in IATA Publications for 2017.
Online ordering is coming soon at our online Training Academy at www.proftrain.co.za
This bulletin takes the form of short highlights, PLEASE CONTACT us by e-mail if you require any FURTHER INFORMATION or EXPANSION of the information provided.
Where italics are shown this means a direct QUOTE FROM REGULATIONS, TECHNICAL STANDARDS or other CORRESPONDENCE received from the SACAA or other official bodies.
NEW PROFESSIONAL TRAINING CENTRE OPENS
We have OPENED our TRAINING CENTRE at Unit C, Wingfield Park, Geertsma Road in JET PARK (map at http://www.professionaltraining.co.za/map-to-our-training-facilities.php)
Regular scheduled TRAINING PROGRAMMES covering aviation cargo security familiarisation training take place every Tuesday and Dangerous Goods Awareness (CAT 4) every Wednesday.
The 2015 training schedule is at http://www.professionaltraining.co.za/2015-training-program.php
EUROPEAN UNION CARGO SECURITY REQUIREMENTS EFFECTIVE 1 JULY 2014.
South Africa was placed on the EU “Green List” effective 1st July 2014.
In our view, this change REDUCES the level of cargo SECURITY.
It is our STRONG ADVICE that those Regulated Agents who are REGISTERED under the EU Regulations and hold EU RA3 APPROVAL, continue to APPLY the practices applicable to the EU Regulations for two MAIN REASONS, firstly, INCREASED SECURITY and secondly, if there were an incident, and an EU accredited agent had not COMPLIED with the EU Regulations (having made a DECLARATION to do so) this could be considered a serious BREACH OF LIABILITY INSURANCE requirements.
Certain of our clients have elected to become EU REGISTERED, despite the fact that we are on the Green List, which we ENCOURAGE.
COMPREHENSIVE BACKGROUND CHECK AND CV VERIFICATION SERVICE (INCLUDING CREDIT CHECKS)
This service includes what is required under Part 110 but also provides the FULL RANGE of employee background checks including:
· DRIVERS LICENCE
· PUBLIC DRIVING PERMIT
· MATRIC CERTIFICATE AND OTHER ACADEMIC QUALIFICATIONS
· CRIMINAL RECORD CHECK
· ID VERIFICATION
· CITIZENSHIP AND PERMEANT RESIDENCE VERIFICATION
· PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY (PSIRA)
These services are available to be IMPLEMENTED at YOUR PREMISES, please contact us for full details
PART 109 AND 110
We report, once again, with DEEP REGRET, and fear of the security breach that this presents, that the SACAA have still NOT YET COMPLETED the amendments to PART 108, 109 AND 110. This has been raised at the Civil Aviation Regulations Committee (CARCom), on which committee we are represented through the Commercial Aviation Association of Southern Africa (CAASA), but despite pressure having been brought at CARCOM, by our representative, we still sit in LIMBO as far as these regulations are concerned.
There is a STRONG INDICATION that the Regulations may be READY for presentation at the 26TH JANUARY 2015 CARCom meeting.
We have mentioned on numerous occasions, in our bulletins and elsewhere, that the REQUIREMENTS UNDER PART 108 for cargo screeners are COMPLETELY INADEQUATE.
We cannot be more adamant when we say it is VITAL that although the requirements for certification of cargo screeners, and training, under Part 110, are NOT CURRENTLY APPLICABLE you NEVERTHELESS APPLY these requirements STRICTLY.
FREE CHECK OF YOUR SECURITY MANUALS
We repeat point 4 of Bulletin 33.
If your SECURITY MANUAL was not prepared by ourselves or under our supervision, we would be more than happy to provide you with a FREE CHECK and WRITTEN REPORT on your security manual. The fact that your manual may have been approved by the SACAA does not absolve you from ensuring that the manual is accurate, all inclusive and practical. Here again there may be INSURANCE LIABILITY implications if your MANUAL is INCOMPLETE.
FACILITATED eLEARNING TRAINING
Here again, we must state with GREAT DISAPPOINTMENT that there has been NO DISCERNIBLE PROGRESS by the SACAA to bring the eLearning system into operation. The changes to incorporate the eLearning requirements are to be contained in the Part 109 amendments (see 4 above).
We would like to COMPLIMENT the DIRECTOR FOR CIVIL AVIATION, MS POPPY KHOZA, for her INITIATIVE in initiating a survey of SACAA SERVICE PERFORMANCE. This survey was conducted by a team from the UNIVERSITY OF PRETORIA and consisted not only of a questionnaire, which was e-mailed to various bodies, but also meetings with industry in Gauteng and Cape Town. WE ATTENDED the GAUTENG MEETING, together with REPRESENTATIVES of a number of AVIATION ORGANISATIONS, and were assured that comments, suggestions and criticism would be CONFIDENTIAL and would be CONTAINED IN A REPORT which will be released to participants. The meeting we attended lasted some hours and there was an open detailed and SIGNIFICANT DISCUSSION, particularly focused on those WEAKNESSES that had been experienced with regard to service from the SACAA.
We will keep you advised and will distribute the report with the authority of the SACAA.
We repeat what was contained in Bulletin 33.
There have been NUMEROUS INCIDENTS of SPONTANEOUS COMBUSTION of lithium-ion batteries around the world and there are strong rumours that perhaps large quantities of lithium-ion batteries were TRANSPORTED ON MH370. Please find attached two articles that appeared in FTW written by SEAN REYNOLDS who is OUR AUTHORITY on LITHIUM-ION BATTERIES. We are running a number of half day LITHIUM-ION BATTERY COURSES over the next couple of months. Please contact us for further information.
We are very pleased to say that these COURSES are now available ONLINE which means that your personnel can complete this course while continuing with their operational duties.
AVAILABILITY OF THE CARGO SCREENING TEAM INCLUDING EMERGENCY CANINE SCREENING
We are AVAILABLE 24/7 through our control room telephone number 0860 PART 108 or 011 701-3320, further alternatively, through our General Manager Compliance, David Alexander at email@example.com or cell 082 308 0169.
We are AVAILABLE 24/7 throughout the HOLIDAY PERIOD.
THANKS AND GREETINGS
WE TAKE THIS OPPORTUNITY OF THANKING OUR CLIENTS FOR THEIR SUPPORT AND TO WISH ALL OF YOU GOD’S BLESSINGS FOR THE FESTIVE SEASON AND THE NEW YEAR.
Kind Regards from the team at Professional.
SECURITY WITHOUT COMPROMISE WILL SAVE LIVES.
Taking the lead, Kintetsu World Express South Africa became the first freight forwarder to be validated in accordance with the new, stringent EU security measures. The validation was conducted by an EU independent and accredited aviation security validator.
New EU security regulatory measures: 2014
Cargo security came under scrutiny when two packages containing viable explosive devices hidden in printer cartridges moved undetected through Europe in October 2010, before it was intercepted in Britain. This serious incident prompted the European Union to introduce, in addition to the ICAO Annexure 17 Regulations [covered under Part 108 of the SACAA regulations], additional measures to include air cargo or mail carriers operating in the EU from a third country airport (non EU).
In essence, this means that as from 1 July 2014, no cargo may be flown on an aircraft into the EU region without strict adherence to the new regulatory measures.
Richard Szabo, director at KWE SA explains: “our business operations play a fundamental role in underpinning the success of our global footprint.”
“Our ranking as one of the top global freight forwarding companies bears testimony that we view our role as an integrated logistics supply chain company seriously. We value our role as involved business partners who deliver high quality services and it is thus tantamount that our corporate governance and EU conformance remain progressive, audited and in place” .
EU validation achievement
“Our validation underscores our impeccably high standard of service” comments Ikuhiro Hojo, director at KWE SA “particularly within the aerospace logistics industry. We were one of the first agents in South Africa to be certified against the CAA’s Part 108 security policy and this was by no means an easy feat. We continuously strive towards maintaining the highest possible standards when it comes to managing our customers’ freight.”
Independent EU aviation security validators
According to a spokesperson for Professional Cargo Security, EU aviation security validator Sander De Man; KWE SA’s first off the mark move illustrates their commitment to security and willingness to partnership with the EU, in order to achieve greater security. De Man is part of a European association of validators based in the Netherlands, Germany, France and the United Kingdom.
Continued: Kintetsu World Express receives top EU safety accreditation
He reiterated that in order to comply with the Regulations, airlines have already made written declarations of commitment to the EU. All forwarding, courier agents, airlines and consignors must become validated by an EU qualified validator accredited as such, by an EU member state.
David Alexander, General Manager, Compliance of Professional commended KWE SA as follows: “I am proud to be associated with Kintetsu World Express South Africa in introducing these measures and compliment them on their commitment and dedication to making our skies that much safer.”
IATA Centre of Excellence
EU independent aviation security validators have been trained through the IATA Centre of Excellence for Independent Validators; and were appointed accordingly. These accredited validators have the mandate as EU representatives to validate Airlines (validation reference ACC3), Ground Handling Agents and Forwarding Agents (validation reference RA3) and Known Consignors [validation reference KC3] as well as consignors by physical inspection of premises, records systems and procedures. Revalidation is required every 5 [five] years.
There are several thousand airline cargo facilities [stations] which have to be validated before the July 2014 deadline. Non EU countries are categorized depending on risk assessment. The most secure category [in very few countries], require no further security measures except which already is in place such as the ICAO Annexure 17 measures. Intermediate risk countries must apply all the EU measures and high risk countries may not [except for exceptional circumstances], be able to export by air to EU countries at all.
Professional Cargo Security has made arrangements for another validator to spend time in South Africa within the next few weeks in order to validate forwarding and courier agents as well as Known Consignors [KC’s].
There is a practical and moral obligation upon all of us to do whatever needs to be done to keep the flying public, which of course includes our mothers, brothers, sisters, cousins and friends, safe from the terror and tragedy of an IED (improvised explosive device) or other cowardly act perpetrated by unhinged minds.
It is almost inconceivable that operators are not aware of cargo security requirements as set out in Annexure 17 of ICAO and Part 108 of our local regulations.
The idea is to establish a tight and secure security conduit, from consignor to aircraft, providing not only the physical security against acts of terror but also a recorded audit trail.
Alternatively (the case with charter flights) to make all cargo secure by proper screening methods.
For terror to succeed, it only takes apathy from the aviation industry
It is almost inconceivable that operators are not aware of cargo security requirements as set out in Annexure 17 of ICAO and Part 108 of our local regulations.
The idea is to establish a tight and secure security conduit, from consignor to aircraft, providing not only the physical security against acts of terror but also a recorded audit trail. Alternatively (the case with charter flights) to make all cargo secure by proper screening methods.
It is pertinent to remind operators of the definition of cargo in the regulations:
‘Cargo means any property carried on an aircraft other than mail, stores, unaccompanied or mishandled baggage’.
It should be well noted that private flights are also subject to these requirements.
Amendment 13 to ICAO Annexure 17 standard 4.6.4 (effective 15 July 2013), which insists that cargo must be confirmed and accounted for, by a Regulated Agent (in South Africa approved under Part 108) or an entity approved by an appropriate authority (SA CAA), emphasises requirements.
Complying with the Part 108 regulations is not a complicated process nor is it expensive
The threat of ruin by non-compliance is not idle speculation or unfounded rhetoric. The South African Part 108 regulations make it obligatory for Air Carriers, which include charter to make cargo known.
If there were a major incident (and perhaps we should do away with the niceties and simply say a crash involving loss of life) legal suits and legal investigation would erupt in all directions from the numerous entities that would be involved in such a situation.
It is my view, which I have reached, over the many years that I have been involved in air cargo security and the hundreds of conversations that I have had with local, international and other role players from airline personnel, regulators, insurance underwriters, lawyers (and I could go on).
That if you, as an operator, have not complied with what is required under Annexure 17 of ICAO, as contained in Part 108 of our local regulations, your business, no matter what its size, could collapse under the weight of claims made against you.
The simple principle is that if you are aware of the terrorist threat and are informed of what has been prescribed internationally as preventative measures, and choose not to adopt these measures, you will be held liable.
The ‘corporate veil’ has reached such levels of transparency that personal liability by directors and senior personnel is also a very real nightmare.
Perhaps more important than the legal or material point of view, is the moral question.
If people are killed in an air crash in horrific circumstances, you may have helped to prevent such slaughter, how would you feel?
Dangerous Goods covered under Part 92 is another area deserving concern. The application of the principals and requirements for the carriage of dangerous goods is sadly lacking in the charter industry. Loss of life is, of course the overwhelmingly most important consideration but not to be lightly dismissed is that aircraft hull and liability insurance underwriters will repudiate claims caused by illegal carriage of dangerous goods (or for that matter unknown cargo) even if the dangerous goods did not cause the incident.
It is without any shadow of doubt your responsibility to ensure that you are aware of the implications, both from a legal and moral point of view, of non-compliance with both the Cargo Security and Dangerous Goods regulations.
Article by Rob Garbett, Honorary Director for Life of the Commercial Aviation Association of Southern Africa and Managing Director of Professional Aviation Services (Pty) Ltd.
Article previously published in the CAASA newsletter of May 2013