Enhanced Background Check
As of January 1, 2022, new European Union requirements regarding aviation security related to enhanced background checks have come into effect. These changes stem from the update to the implementing regulation of the Commission (EU) 2015/1998 of November 5, 2015, establishing detailed measures for the implementation of the common basic standards on aviation security. Simultaneously, changes were introduced in national legislation – the Aviation Law Act. Although the regulations have been in force for some time, it should be emphasized that background checks completed with a positive result before December 31, 2021, will remain valid until the expiry date or at the latest by June 30, 2024, whichever date comes first.
Who is affected by the enhanced background check?
According to Art. 189c. para. 2 of the Aviation Law Act, an enchanced background check is conducted against:
1) individuals conducting security screening, access control, or applying other control measures in terms of protection in the restricted area of the airport and individuals having unescorted access to the restricted area of the airport;
2) individuals conducting security screening, access control, or applying other control measures in terms of protection on behalf of a regulated agent or regulated in-flight supplies provider;
3) holders of a crew member’s identity card and CMC holders;
4) individuals directly supervising persons applying control measures in terms of protection, as mentioned in points 1 and 2;
5) security managers:
- of an airport,
- of a Polish air carrier,
- of a regulated agent, regulated in-flight supplies provider, known consignor,
- of the Polish Air Navigation Services Agency,
- of an airport other than an air carrier;
6) instructors of civil aviation security training;
7) national and internal quality control auditors in terms of aviation security and holders of a civil aviation inspector certificate issued by the President of the Civil Aviation Office;
8) individuals performing the role of an EU-approved entity;
9) individuals directed to training to obtain a security control operator certificate;
10) individuals with administrator rights or unrestricted unsupervised access to critical information and communication technology systems and data used for the purposes of civil aviation security by:
- airport managers,
- air carriers,
- regulated agents,
- the Polish Air Navigation Services Agency,
- regulated in-flight supplies providers;
11) air traffic controllers.
Who conducts enhanced background checks
The enchanced background check is conducted by:
1) the airport manager – against:
- a) individuals conducting security screening, access control, or applying other control measures in terms of protection in the restricted area of the airport and individuals having unescorted access to the restricted area of the airport, security managers of the airport, and individuals with administrator rights or unrestricted unsupervised access to critical information and communication technology systems and data used for the purposes of civil aviation security by airport managers,
- b) individuals directly supervising persons conducting security screening, access control, or applying other control measures in terms of protection in the restricted area of the airport and individuals having unescorted access to the restricted area of the airport,
- c) individuals directed to training to obtain a security control operator certificate, who are recruited to work or employed in the airport security service;
2) the air carrier – against:
crew member’s identity card holders and CMC holders, security managers of a Polish air carrier, and individuals with administrator rights or unrestricted unsupervised access to critical information and communication technology systems and data used for the purposes of civil aviation security by air carriers;
3) the Polish Air Navigation Services Agency – against:
security managers of the Polish Air Navigation Services Agency, individuals with administrator rights or unrestricted unsupervised access to critical information and communication technology systems and data used for the purposes of civil aviation security by the Polish Air Navigation Services Agency, and air traffic controllers;
4) the President of the Civil Aviation Office – against:
instructors of civil aviation security training, national and internal quality control auditors in terms of aviation security, and holders of a civil aviation inspector certificate issued by the President of the Office, as well as individuals performing the role of an EU-approved entity;
5) the entity directing to training – against individuals directed to training to obtain a security control operator certificate, other than those recruited to work or employed in the airport security service;
6) the entity on behalf of which control measures in terms of protection are carried out – against:
- a) individuals conducting security screening, access control, or applying other control measures in terms of protection on behalf of a regulated agent or regulated in-flight supplies provider,
- b) directly supervising individuals conducting security screening, access control, or applying other control measures in terms of protection on behalf of a regulated agent or regulated in-flight supplies provider
- c) security managers of a regulated agent, regulated in-flight supplies provider, known consignor,
- d) individuals with administrator rights or unrestricted unsupervised access to critical information and communication technology systems and data used for the purposes of civil aviation security by regulated agents and regulated in-flight supplies providers;
7) the manager of an airport other than an air carrier – against security managers of an airport other than an air carrier.
It is noteworthy that, according to existing EU and national regulations, an enchanced background check includes:
- a) establishing the identity of the person subject to the check based on an identity document,
- b) obtaining from the person subject to the check information from criminal records in all foreign countries of residence for the last 5 years,
- c) obtaining from the person subject to the check information about employment, education, and all employment and education breaks for the last 5 years,
- d) obtaining information about the existence of negative indicators or their absence.
An enchanced background check is conducted once every 12 months, except for information about the existence of negative indicators or their absence, provided in the manner and on the terms specified in the Aviation Law Act. For reference, a standard background check is conducted once every 3 years.
