September 2014

National Civil Aviation Facilitation Programme (NCAFP)

Facilitation may be defined as a combination of measures and human and material resources intended to improve and optimize aircraft, crew, passenger and cargo flows at airports while ensuring compliance with relevant international and national legislation.

Facilitation, definition and purpose.

Facilitation may be defined as a combination of measures and human and material resources intended to improve and optimize aircraft, crew, passenger and cargo flows at airports while ensuring compliance with relevant international and national legislation.

The establishment of the National Facilitation Committee (hereafter the National FAL Committee) and the NCAFP is required by Standard 8.7 in Annex 9 (Thirteenth edition, July 2011) to the Chicago Convention.

The objective of both the Committee and the NCAFP is “to maintain a safe, secure civil aviation environment in which services are delivered in a reliable and efficient manner”.

The purpose of the NCAFP is to provide a framework to guide the improvement and optimization of aircraft, crew, passenger and cargo flows at airports and to improve customer service, while maintaining appropriate national legislation and security requirements. The committee provides a forum for consultation about facilitation matters amongst interested stakeholders in Government and the private sector. 

While committed to facilitating efficient clearance for arriving and departing aircraft, Norway shall maintain high-quality security, effective law enforcement and proficient customer service.

Activities aimed at accomplishing these and related tasks are described in the NCAFP.

Benefits of a NCAFP

The NCAFP aims to address and harmonise the interests of all entities involved in facilitation, e.g., State services, aircraft operators, commercial air transport users and airports etc. to promote the growth of a safe, reliable and viable air transport industry. The benefits it hopes to achieve are:

  1. to maintain or increase the quality of aircraft, crew, passenger and cargo flow;
  2. to maintain or increase the level of passenger service and the cost-effectiveness and efficiency of processes and procedures;
  3. to facilitate, accommodate and encourage the growth of air transport; and
  4. to contribute to a positive experience meeting the needs of the travelling public.

The NCAFP is placed under the responsibility of the Ministry of Transport and Communications, and is implemented through the activities of the National FAL Committee. The Civil Aviation Authority is the authority designated by Norway to be responsible for the development, implementation and maintenance of the NCAFP and for the establishment of a National FAL Committee.

The National FAL Committee is chaired by The Civil Aviation Authority.  

Version number

This document is regularly updated, for example when national or international regulations make this necessary. The coordinating body for amendments is The Civil Aviation Authority. Amendments will be recognisable in version numbers.  

 

Objectives of the national facilitation programme

The main objectives of NCAFP are to facilitate the coordination between relevant Ministries, agencies and industry to:

  • Ensure the implementation of all relevant legislation as laid out in Part II;
  • Enhance processes and procedures; and
  • Proactively support the development of innovative strategies to address facilitation issues in the air transport industry and civil aviation environment.

Note — this does not mean that the NCAFP provides for, or that the National FAL Committee is responsible for, the implementation of regulations. Neither does it imply a change in the responsibilities of the participating Ministries or Agencies and in their designated areas of competence. The purpose of the NCAFP is primarily to organize the distribution of information and the coordination of the abovementioned tasks.

Legislation

The NCAFP is based on International, European and National laws, regulations and recommendations. The establishment of the NCAFP and the National FAL Committee is required by, and based on the Chicago Convention, Annex 9.

The following legislation, at international, European and national levels, are taken into account by the NCAFP. The list is not to be considered as complete, meaning that other legislation might also be taken into account.

International regulations and Recommendations
  • Chicago Convention on Civil Aviation in particular Articles 10, 13, 14, 22, 23, 37 and 38
  • Annex 9 to the Chicago Convention, – Facilitation(13th edition, July 2011)
  • Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
  • International Convention on the simplification and harmonization of Customs procedures (Kyoto Convention)
  • SAFE Framework of measures
  • World Health Organisation - International Health Regulations (IHR)

European Legislation and Recommendations

  • Regulation (EC) No 300/2008 (…) on common rules in the field of civil aviation security, as amended
  • Commission Regulation (EU) No 185/2010 (…) laying down detailed measures for the implementation of the common basic standards on aviation security, as amended
  • Regulation (EC) No 889/2002 (…) on air carrier liability in the event of accidents (the Montreal Convention), as amended
  • Regulation (EC) No 261/2004 (…) establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, as amended
  • Regulation (EC) No 2111/2005 (…) on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, as amended
  • Regulation (EC) no 1107/2006 (…) concerning the rights of disabled persons and persons with reduced mobility when travelling by air, as amended
  • Regulation (EC) No 562/2006 (…) establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as amended
  • Council Regulation (EEC) No 2913/92 (…) establishing the Community Customs Code, as amended
  • Council Regulation (EEC) No 1683/95 (…) laying down a uniform format for visas, as amended
  • COUNCIL REGULATION (EEC) No 539/2001 (…) listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as amended
  • REGULATION (EEC) No 767/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (…) concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), as amended
  • REGULATION (EEC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (…) establishing a Community Code on Visas (Visa Code), as amended
  • Commission Regulation (EEC) No 2454/93 (…) laying down provisions for the implementation of (…) the Community Customs Code, as amended
  • European Civil Aviation Conference (ECAC) - Policy Statement in the field of Civil Aviation Facilitation: ECAC Doc 30 Part I (11th edition, December 2009 – June 2012 update), as amended

National Legislation

LOV-1993-06-11-101:Luftfartsloven
FOR-2004-07-06-1101:Forskrift om minstestørrelser på forsikringssummer for passasjer- og tredjemannsansvaret
FOR-2005-02-17-141:Forskrift om flypassasjerers rettigheter ved nektet ombordstigning og innstilt eller vesentlig forsinket flyging
FOR-2007-12-04-1353:Forskrift om flyselskaper som er underlagt driftsforbud og om plikt til å informere passasjerene om identiteten til det flyselskap som skal utføre en flyreise
FOR-2008-01-28-69:Forskrift om funksjonshemmedes og bevegelseshemmedes rettigheter i forbindelse med lufttransport
FOR-2011-03-01-214:Forskrift om forebyggelse av anslag mot sikkerheten i luftfarten mv.
FOR-2012-01-20-84:Forskrift om klagenemnd for fly- og jernbanepassasjerer (transportklagenemndforskriften)
LOV-2008-05-15-35:Utlendingsloven
FOR-2009-10-15-1286: Utlendingsforskriften
LOV-2007-12-21-119:Tolloven
LOV-2012-06 22-37:Endringslov til tolloven
LOV-2000-04-14-31:Lov om behandling av personopplysninger (personopplysningsloven)
FOR-2013-07-16-919:  Forskrift om universell utforming av lufthavner, og om funksjonshemmedes og bevegelseshemmedes rettigheter ved lufttransport

The Norwegian NCAFP is not a document with legal force in itself, it contains references to national legislation.

The National FAL Committee in Norway and its terms of references are established by approval from the Director General of The Civil Aviation Authority in Norway.  

National Facilitation Committee

The National Facilitation (FAL) Committee is established to implement and manage the provisions of NCAFP in Norway.

Terms of Reference

The National FAL Committee enhances processes and procedures and proactively supports development of innovative strategies to address facilitation issues in the air transport industry and civil aviation environment.

The National FAL Committee meets twice a year.

The objectives of the National FAL Committee are to:

  • Ensure coordination between relevant Ministries, agencies and industry;
  • Develop and implement the provisions of  the NCAFP;
  • Encourage the development of best practices in all areas of facilitation (e.g. immigration, customs, handling of persons with disabilities and security);
  • Be a forum for discussing proposed changes to the regulations and recommendations concerning facilitation (e.g. amendments to ICAO Annex 9, to ECAC Doc 30, Part I, to EU Regulations and national legislation);
  • Inform ministries, competent agencies and other organisations concerned of significant relevant developments in the field of civil aviation (e.g. outcome of ICAO Facilitation Panel) and make recommendations to them regarding issues related to the NCAFP; and
  • Coordinate with the National Security Committee.

Membership

The National FAL Committee is composed of Senior Officials representing the main interests involved in the various domains of facilitation. Alternates may be designated in their respective organisations. Such persons should be given sufficient authority to speak on behalf of their organisations and to initiate necessary action in support of the National FAL Committee’s work. Experts may be invited by the Chair of the National FAL Committee to advise or contribute on specific subjects.

The following Government Ministries or Agencies are members of the National FAL Committee in Norway:

  • Civil aviation authority
  • Ministry of Transport and Communications
  • Ministry of Foreign Affairs
  • Ministry of Justice and Public Security (immigration and visa authority)
  • The Directorate of Norwegian Customs and Excise
  • The Norwegian Directorate of Health
  • The Norwegian Data Protection Authority

In addition, the following organisations are members of the National FAL Committee:

  • Airline operators SAS and Widerøe
  • Airport operator Avinor AS
  • The Federation of Norwegian Aviation Industries (NHO Luftfart)

The National FAL Committee has detailed work procedures (Attachment 1).

Tasks and Work Programme

The National FAL Committee shall:

  • Consider and recommend solutions to facilitation issues;
  • Consider proposed changes in international legislation and/or in the recommended practices issued by international fora and to give input to formulate the national policy position;
  • Review ICAO Annex 9 provisions and their implementation by way of practices and procedures at the national level, in order to establish compliance and/or file differences with ICAO Annex 9 Standards by the designated authority;
  • Systematically review the differences filed in ICAO as regards ICAO Annex 9 as well as any legislation or regulations mandating the practices or procedures giving rise to such differences with a view to working to eliminate them, either by proposing  changes in the practices and procedures concerned; or where necessary, by proposing changes in the  relevant  legislation or regulations;
  • Identify and share information from each participating entity on developments in their respective work field which may affect facilitation.

Allocation of responsibilities

This section describes the allocation of responsibilities for the implementation of facilitation matters.  It sets out the tasks relating to facilitation issues allocated, within their area of competence, to national authorities or agencies.

Designated Authority Responsible for the NCAFP

The Civil Aviation Authority of Norway is the designated authority and is the overall coordinator of the NCAFP. The Chairperson of the National FAL Committee is responsible for convening both the regular and ad hoc meetings of the National FAL Committee, and for ensuring that policies and/or regulations proposed by the National FAL Committee are adopted and processed for consideration in national legislation by the authority concerned. The designated authority coordinates with all responsible Ministries, who keep full responsibility for their specific areas of competence.

The Facilitation responsibilities of the Designated Authority are therefore:

  1. To ensure consistency between the NCAFP and the National Civil Aviation Security Programme (NCASP);
  2. To provide Secretariat support to the National FAL Committee;
  3. To ensure full compliance with the SARPs of Annex 9 to the Chicago Convention and if necessary file differences and notify ICAO;
  4. To ensure full compliance with European requirements related to facilitation;
  5. To ensure operations are carried out in such a manner as to accomplish effective compliance with the laws of States and productivity for the operators, airports and government (inspection) agencies involved.

Appropriate Authority for Aviation Security

The Civil Aviation Authority is the Appropriate Authority for Aviation Security. Specific responsibilities in the area of facilitation are:

  1. To establish and ensure the implementation of a National Civil Aviation Security Programme to safeguard civil aviation against acts of unlawful interference;
  2. To define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators, air traffic service providers and other entities concerned with, or responsible for, the implementation of various aspects of the National Civil Aviation Security Programme;
  3. To participate in the National FAL Committee meetings.

Customs Authority

The Directorate of Norwegian Customs and Excise is the coordinating Customs authority in Norway.

Specific responsibilities in the area of facilitation are:

  1. Surveillance and checking international arriving and departing passengers, cargo and mail in order to ensure adherence to import and export national legislation;
  2. Seizure of all prohibited goods and detention of restricted goods (pending provision of relevant certificates where applicable);
  3. Introduce simplified procedures for release of goods to exit or enter the country;
  4. In pursuance of Annex 9 Standards, the Customs Authority should consider to put in place facilities that will encourage electronic transmission of information required for entry and departure of aircraft;
  5. Work in the field of preventing airport – crime; where criminal actions are performed by airport - employees using their knowledge and position to avoid control;
  6. Participation in the National FAL Committee and - if required - in other Facilitation related meetings; and
  7. Provision of sufficient services without charge to operators

Ministry of Justice and Public Security

The Ministry of Justice and Public Security is the coordinating Immigration Authority in Norway. Specific responsibilities in the area of facilitation are:

  1. Issuance of travel documents and confirming that machine readable travel documents strictly adhere to the ICAO specifications in ICAO Doc. 9303 in order to ensure readability world-wide in machine readers of different manufactures;
  2. Checking the validity and acceptability of travel documents at border control points;
  3. Detection and prevention of travel by terrorists or other criminals (international or otherwise) who may pose a threat to civil aviation and the State;
  4. Development and adoption of an active information sharing policy with relevant stakeholders and regional States to protect national borders against negative consequences of illegal immigration;
  5. If in possession of information or a strong suspicion  on illegal migration movements which are liable to endanger law and order and compromise public safety, the Ministry of Justice and Public Security should, within the national and international legal framework, inform the other States without delay;
  6. Co-operate with and assist aircraft operators in the establishment of the validity and authenticity of travel documents;
  7. Information regarding immigration requirements by the Norwegian Immigration Authority is to be found at www.udi.no
  8. In case of aviation accidents, accept without delay the entry, on a temporary basis, of the experts required for search, rescue, accident investigation and repair or salvage of aircraft in conformity with Annexes 12 and 13 to the Chicago Convention, without having to produce any other travel document, when necessary, other than a passport, in accordance with national legislation;
  9. Where a visa is required for investigation experts on a mission related to an accident, Norway agrees  to examine the visa application for the person concerned as swiftly as possible according to the visa legislation;
  10. Adopt measures in order to facilitate and return the inadmissible persons or deportees;
  11. Adopt measures to prevent persons deemed inadmissible or deported from causing trouble or endangering law and order and public safety in the transit or destination country;
  12. Ensure that the provisions of ICAO Annex 9 are applied with regard to inadmissible persons and deportees;
  13. Participate in the National FAL Committee and - if required - in other facilitation related meetings; and
  14. Provide sufficient services to operators without charge.

The Directorate of Health

According to Article 14 of the Chicago Convention, effective measures are taken to prevent the spread of communicable diseases by air. In relation to facilitation, the Norwegian Directorate of Health is responsible for, but not limited to:

  1. Collaborating actively with the World Health Organisation (WHO) and other Countries to ensure that the International Health Regulations (IHR) are effectively implemented;
  2. Detecting events involving disease or death above expected levels for the particular time in all areas of the State;
  3. Reporting all available and essential information immediately to the appropriate level of health care response;
  4. Implementing preliminary control measures (against the spread of the disease) immediately;
  5. Responding promptly and effectively to public health risks and public health emergencies of international concern;
  6. Ensuring disinsection and disinfection of aircraft is done in accordance with the recommendation of WHO and in compliance with IHRs;
  7. Providing adequate facilities for vaccination, quarantine (where necessary) and issuing the necessary certificates;
  8. In collaboration with airport and aircraft operators, ensuring that food preparation, storage, service of food, and water supplies and other items intended for consumption at the airport or aboard aircraft are hygienic and meet the standards set by WHO and the Food and Agriculture Organisation (FAO);
  9. Notifying WHO immediately and in accordance with IHR requirements all essential information related to any health risk of an international nature;
  10. Ensuring accessibility to appropriate medical service including diagnostic facilities so as to allow the prompt assessment and care of ill travellers and airport workers;
  11. Establishing and maintaining a public health emergency contingency plan in order to ensure a prompt response to a public health emergency of international concern;
  12. Ensuring provision of appropriate space, separate from other passengers, to interview suspect or affected persons;
  13. Assessing the health condition, and if necessary, organising quarantine of suspect travellers;
  14. Applying entry and exit controls for arriving and departing travellers; and
  15. Participating in the National FAL Committee meetings.

Aircraft Operators

Aircraft operators should:

  1. Efficiently handle passengers and cargo;
  2. Inform the intending passengers of the specific requirements of the countries passengers intend to visit or transit through;
  3. Take adequate precautions to ensure that passengers are in possession of the required travel documents at the time of embarkation;
  4. Provide adequate assistance for passengers with special needs including passengers with reduced mobility or disabilities; and
  5. Participate in the National FAL Committee and - if required - in other Facilitation related meetings.

Airport Operators

The airport operators are expected to constantly consult with aircraft operators, control agencies and other appropriate stakeholders in order to ensure that satisfactory facilities and services are provided for rapid handling and clearance, of baggage, passengers, crew, mail and cargo.

The specific facilitation tasks of airport operators include, but are not limited to:

  1. Designing airports in such a manner to enhance airport traffic flow arrangements;
  2. Displaying internationally recommended signs to facilitate passenger’s movements within airports;
  3. Provision of flight information displays (FIDs);
  4. Utilisation of specialised security equipment, where necessary, in examining passengers and cargo so as to minimise the number of passengers and persons that have to be examined by other means;
  5. Provision of space for facilities required for implementation of public health maintenance, as well as animal and plant quarantine;
  6. Provision of space and facilities for agencies in charge of clearance control on terms not less or more favourable than those which apply to the airport operators or users requiring space and facilities on a comparable scale;
  7. Provision, maintenance and optimization of facilities and services for passengers with special needs including passengers with reduced mobility or disabilities; and
  8. Participation in the National FAL Committee and - if required - in other facilitation related meetings
  9. Inform the intending passengers of the specific requirements of the countries passengers intend to visit or transit through

National Enforcement Body (NEB)

The Civil Aviation Authority is the National Enforcement Body (NEB) in Norway.

The NEB should:

  1. Oversee the implementation by airport and aircraft operators in respect of the rights of passengers with reduced mobility to an equal access to air transport;
  2. Oversee the implementation by airport and aircraft operators in respect of the rights of passengers to assistance and, where required, compensation in case of e.g. denied boarding, flight cancellations or long flight delays;
  3. Report its conclusions and recommendations to the competent Government Agencies (e.g., Consumer Protection Agency, Equality and Non-Discrimination Agency); and
  4. Participate, as need be, in the National FAL Committee.

Air Passenger Complaint Handling Body

The Air Passenger Complaint Handling Body is Norway’s official complaints body and channel for dealing with cases where the air passengers’ rights have not been respected by the airlines.

The Air Passenger Complaint Handling Body is attached to the European NEB network, which handles disputes between passengers and airlines according to EU decree 261/2004 regulations, as amended.

Attachment 1

National Facilitation Committee
Rules of Procedure

  1. The Chair of the National Facilitation Committee (hereafter National FAL Committee) shall be a senior representative from the Security Department within the Civil Aviation Authority, in order to facilitate necessary coordination between Facilitation and Security.
  2. The Civil Aviation Authority provides Secretariat services to the National FAL Committee.
  3. Government ministries or agencies and other entities involved in the implementation of the NCAFP designate their respective member to the National FAL Committee.
  4. The members of the National FAL Committee are appointed by the Director General of The Civil Aviation Authority.
  5. Members of the National FAL Committee shall participate in every meeting of the National FAL Committee. A member may be replaced by an alternate, who shall have the same responsibility and exercise the same rights as the regular member.
  6. Experts with specific knowledge of potentially significant interest to the Committee may be invited by the Chair to participate in one (or more) of the meetings of the National FAL Committee, or only a part thereof, on an ad hoc basis.
  7. The National FAL Committee will meet at least twice a year. The National FAL Committee may hold ad hoc meetings whenever necessary for the purpose of reviewing a facilitation situation and attempting to resolve specific operational problems. The outcomes of the ad-hoc meetings are reported to the National FAL Committee.
  8. The Secretary of the National FAL Committee is responsible for:
    • Making all administrative arrangements for the preparation of the meetings of the National FAL Committee in liaison with the Chair;
    • disseminating the provisional agenda to the members of the National FAL Committee at least 10 working days in advance.
  9. All papers should be submitted to the Secretary at least 15 working days in advance of the meeting.
  10. The Secretary prepares a Summary of Decisions after each meeting, to be circulated to the National FAL Committee within reasonable time after the meeting.  

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