Exemption process ACC3
Air carriers which does not objectively and reasonably enable to perform the ex-ante verifications through on-site validations as per number 188.8.131.52.1 or the practical and relevant implementation of an ACC3 roadmap as per number 184.108.40.206.2 the Implementing Regulation (EU) 2015/1998 or using the desktop option per number 220.127.116.11 of the Implementing Regulation (EU) 2017/815 have the opportunity to request an exemption in accordance with number 6.8.2 (a) and (b) of Commission decision C(2015) 8005 and number 6.8.3 of Commission decision C(2017) 3030.
Exemption according to number 6.8.2 of the commission decision C(2015) 8005
In accordance with number 6.8.2 of the commission decision C(2015) 8005 for objective reasons, the appropriate authority may exempt the following flightsfrom the requirements of point 6.8 of the Annex to Implementing Regulation (EU) 2015/1998 on the basis of a risk assessment for:
- flights carrying only government mail or cargo where security and protection is ensured by a state authority; and
- ad-hoc flights operated on account of a single consignor.
Exemption according to number 6.8.3 of the commission decision C(2017) 3030
In accordance with number 6.8.3 of commission decision C(2017) 3030 the appropriate authority may, on the basis of a risk assessment, exempt from the requirements of points 6.8.1 and 6.8.2 of the Annex to Implementing Regulation (EU) 2015/1998 individual flights into its territory by an air carrier that predominantly operates ad-hoc flights. This shall be limited to air carriers with an unpredictable ad-hoc pattern of operations. This exemption may only be granted if the appropriate authority receiving the flight obtained confirmation from the appropriate authority referred to in point 18.104.22.168 of the Annex to Implementing Regulation (EU) 2015/1998 that the latter has verified that:
- the air carrier security programme is relevant and complete in respect of all points set out in Attachment 6-G to Implementing Regulation (EU) 2015/1998; and
- the air carrier applies an internal security quality assurance programme that isequivalent to EU aviation security validation; and
- the air carrier commits to subject to EU aviation security validation every yearall or at least three airports from which it operates flights into the Union and to submit the validation reports to the appropriate authority.
The air carrier shall request such an exemption in writing from the appropriate authority of the EU Member State in which the first airport of arrival is located.
Request to an exemption shall be sent to email@example.com using the following application form.
The link to the application form can be found here.
The Luftfahrt-Bundesamt points out that applications must be submitted at least 72 hours prior to the scheduled flight in order to ensure processing thereof.