(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 system for aviation security equipment, and Articles 14-7 and 14-8 of the Enforcement Rule of the same Act prescribe that detailed matters concerning the designation criteria and operation, etc., of aviation security equipment testing institutions shall be determined and announced by the Minister of Land, Infrastructure and Transport. Accordingly, this Amendment prescribes detailed matters concerning the designation of testing institutions, etc.
(2) Major Provisions
A. Prescribe detailed facility and equipment requirements for testing institution designation (Article 3)
Require any testing institution to be equipped with an explosion-proof chamber for testing aviation security equipment, separate storage facilities, and an automated baggage handling system
B. Prescribe documents specified by the Minister of Land, Infrastructure and Transport for applications for testing institution designation (Article 4)
Prescribe that applicants shall submit documents to verify that they have met the personnel, facility, and equipment requirements stipulated in Attached Table 2 of the Enforcement Rule, and quality control regulations that comply with international standards (ISO/IEC 17025)
C. Prescribe matters concerning the formation of a testing institution designation review committee (Article 7)
Prescribe that the review committee shall consist of up to 10 persons including the chair, that the chair shall be appointed by the Minister of Land, Infrastructure and Transport, and that senior members shall be appointed by the Minister of Land, Infrastructure and Transport from among individuals with experience in the operation of aviation security equipment and handling explosives
D. Prescribe matters concerning reports on the results of testing institution designation reviews and deliberations (Articles 8, 9, and 10)
Prescribe that the review committee shall examine the appropriateness of applications based on the designation criteria and report the results to the Minister of Land, Infrastructure and Transport, who shall issue a testing institution designation certificate where appropriate and announce the fact of the designation
E. Prescribe matters concerning management and supervision of testing institutions (Articles 12 and 13)
Prescribe that the Minister of Land, Infrastructure and Transport shall supervise testing institutions at least once per year to determine whether the testing institutions are operating in accordance with the designation requirements, and that corrective action to address any inadequacy shall be completed within 30 days
F. Prescribe matters concerning revocation of testing institution designation (Article 14)
Allow the Minister of Land, Infrastructure and Transport to revoke the designation or suspend the business of any testing institution that fails to meet designation requirements, reports the results of corrective action in a fraudulent manner, or neglects its performance assessment test duties
G. Prescribe matters concerning business suspension, closure, modification, etc., of testing institutions (Article 15)
Require any testing institution that suspends or closes its business to file a report with the Minister of Land, Infrastructure and Transport one month in advance, and prescribe that any testing institution that intends to change its name or the name of its office shall file a report with the Minister of Land, Infrastructure and Transport
H. Prescribe matters concerning operational regulations of testing institutions (Article 16)
Prescribe that any testing institution designated as a testing institution shall prepare operational regulations (draft) describing its organization, staff, duties and responsibilities, etc., and obtain an approval or change approval from the Minister of Land, Infrastructure and Transport one month in advance