(1) Reasons for Proposal

The Aviation Security Act was amended (Act no. 14954; promulgated on October 24, 2017; to be enforced on October 25, 2018) to introduce a performance certification scheme for aviation security equipment.

Accordingly, this Amendment modifies subordinate regulations to specify the performance certification criteria, performance evaluation procedure, performance tests and inspections, standards for testing agency designation, and other aspects of the performance certification scheme and addresses weaknesses in operation.

(2) Major Provisions

A. Clarify the definition of “equipment operator” (Article 2)

Clarify the scope of equipment operators as “providers of city airport terminal services” as the definition of "equipment operator" is newly inserted in Article 2 (Definitions) of the Aviation Security Act

B. Expand the scope of notifications on Master Plans on Aviation Security (Article 2)

Prescribe that master plans on aviation security formulated by the Minister of Land, Infrastructure and Transport shall also be notifed to commercial shippers, aviation training institutions, private aircraft operators, etc., with whom it is deemed necessary to share the policy to ensure aviation security

C. Prescribe performance certification criteria, etc. (Article 14-2 newly inserted)

Prescribe the standards for performance certification to evaluate the performance and function, etc., of aviation security equipment and require the adoption of performance certification quality system

D. Prescribe the methods and procedures, etc., for applying for performance certification (Article 14-3 newly inserted, attached Form 4-2, attached Form 4-3 newly inserted)

Prescribe specific standards, including the documents required for performance certification application and methods of performance certification, of aviation security equipment pursuant to Article 27 of the Aviation Security Act

E. Prescribe performance evaluation test criteria and method, etc. (Article 14-4 newly inserted, attached Form 4-4 newly inserted)

Prescribe the criteria, procedure, method, etc., of performance evaluation tests for performance certification of aviation security equipment

F. Prescribe performance test criteria, etc. (Article 14-5 newly inserted)

Prescribe criteria, methods, etc., which allow an equipment operator to continue to use his/her piece of equipment in use by extending its service life on the condition that it has passed a performance test conducted by a testing agency

G. Prescribe regular and ad hoc inspections, etc. (Article 14-6 newly inserted)

Specify the procedure and method, etc., for conducting regular and ad hoc inspections of equipment manufacturers to check whether equipment that has received a performance certification is maintaining the initially certified quality and performance

H. Prescribe criteria for testing agency designation, revocation of designation, business suspension, etc. (Article 14-7 to Article 14-8 newly inserted, attached Table 2, attached Table 3 newly inserted, attached Form 4-5, attached Form 4-6 newly inserted)

Prescribe matters necessary for the overall operation of testing agencies for performance evaluation of aviation security equipment including criteria for testing agency desgination, revocation of designation and business suspension

I. Prescribe the formation and operation, etc., of a certification review committee (Article 14-9)

Prescribe the formation and operation of a certification review committee and a testing agency designation review committee to ensure the efficient operation of the performance certification scheme

J. Prescribe the recording and management of information relevant to performance certification, etc. (Article 14-10 newly inserted)

Prescribe provisions for the record keeping and management of information related to performance certification, performance testing, regular or ad hoc inspections, etc., of aviation security equipment

L. Prescribe standards for charging fees (Article 14-11 newly inserted, attached Table 5 newly inserted)

Specify standards for charging fees payable by applicants to certification agencies and testing agencies for performance certification, etc., of aviation security equipment.