48 Aviation security
| (31729)
10865/10
COM(10) 311
| Commission Communication on the use of security scanners at EU airports
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| Legal base | —
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| Document originated | 15 June 2010
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| Deposited in Parliament | 23 June 2010
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| Department | Transport
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| Basis of consideration | EM of 8 July 2010
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| Previous Committee Report | None
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| Discussion in Council | 24 June 2010
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
48.1 Regulation (EC) No 820/2008 lays down measures for the implementation
of common EU basic standards in aviation security. The main principle
behind these standards is to screen passengers and cargo in order
to keep threatening articles such as knives or explosives ("prohibited
articles") away from aircraft. For this Member States and/or
airports are given a list of approved screening methods from which
they must provide an effective screening process. Current prescribed
screening methods include hand searches and archway metal detectors.
Further detail of the EU legal framework for aviation security
is set out in the so-called implementing package, comprising Regulation
(EU) No 185/2010 and further implementing acts.
48.2 This legislation has direct effect in the UK
and airports are not generally permitted to substitute alternative
primary screening methods, such as security scanners. Only a new
Decision of the Commission supported by Member States and the
European Parliament could be a basis for the general addition
of security scanners as an option for aviation security screening.
However, Member States can be permitted to introduce security
scanners for airport trials (as currently at Manchester airport)
or as a "more stringent measure" (as currently at Heathrow
and Gatwick airports). Security scanners can be used as a secondary
screening method, but UK experience has found that this can be
cumbersome and inefficient.
48.3 All EU legislation must comply with fundamental
rights protected by European law (as well as with EU health standards).
Protected rights under the EU Charter of Fundamental Rights and
the European Convention on Human Rights include rights relating
to human dignity, privacy, personal data, human health and non-discrimination.
Respecting such rights does not in principle prevent the adoption
of measures restricting them. However any limitation must be provided
for by law and must be justified, necessary and proportionate.
The document
48.4 Following the Detroit incident on Christmas
Day 2009,[190] and
in response to a European Parliament resolution of 23 October
2008,[191] the Commission
presents this Communication to set out its current thinking on
security scanners for aviation security. The Commission provides
a factual basis for discussing the key issues associated with
the possible introduction of security scanners as a measure for
screening passengers at EU airports and the purpose of its Communication
is to explore whether the current EU legislative package should
be amended to allow security scanners as a generally applicable
alternative screening method. It summarises the present position,
sets out the issues, for example privacy and health concerns,
and explains the possible legislative options.
48.5 The Commission:
- concludes that common EU standards
for security scanners can ensure the equal protection of fundamental
rights and health through technical standards and operational
conditions;
- reports that tests have shown that security scanners
can improve the quality of security controls at airports over
and above current methods;
- suggests that alternatives to ionising radiation
type scanners should be available for vulnerable groups and that
passengers should receive clear and comprehensive information
on scanners at the airport;
- takes note of ongoing discussions on allowing
persons to opt-out of being scanned and notes that this would
bring in issues such as security, cost, feasibility and could
undermine the usefulness of scanners; and
- concludes that the Commission will decide whether
or not to propose an EU legal framework for the use of scanners
at EU airports in the light of discussions with the European Parliament
and the Council, with any legislative proposal being accompanied
by an impact assessment.
48.6 The Communication was presented and briefly
discussed at the Transport Council on 24 June 2010. The Commission
indicated that a legislative proposal allowing scanners to be
used as a primary measure for screening passengers may be forthcoming
by the end of 2010.
The Government's view
48.7 The Minister of State, Department for Transport
(Mrs Theresa Villiers) tells us that safety of the travelling
public is the Government's highest priority. She comments further
that:
- the Government considers that
the use of security scanners is a proportionate response to a
very real terrorist threat;
- precise deployment of scanners
will need to take into account responses to the Government's current
consultation on an interim Code of Practice on the use of advanced
imaging technology (security scanners) in aviation security;[192]
- the Government welcomes the Commission's Communication
given the continuing threat to civil aviation from terrorism;
and
- it believes that security scanners can play a
key part in both protecting the travelling public and improving
passenger facilitation.
48.8 The Minister continues that the Government believes
that points the legislation to be proposed by the Commission should
take into account are:
- the decision on whether to
deploy security scanners should be for individual Member States;
- there should be no specific
additional restrictions at the EU level on the use of scanners
which involve ionising radiation — the existing provisions
in Directive 96/29/Euratom, requiring Member States to conduct
an in-depth risk assessment, are sufficient to ensure public protection;
- the Government's advice is that the health risk
from such scanners is too small to be quantified;
- as noted in the Communication, this is also the
conclusion of a French Government report;
- the Government respects, however, the fact that
some Member States have national legislation governing exposure
to ionising radiation and so deployment of security scanners in
those countries would need to take that into account;
- Member States should be required to produce and
publish codes of practice which set out how passengers' privacy
and data protection rights will be protected under applicable
EU and national law;
- such a code should include, amongst other things,
details about how the scanning process will be conducted and the
safeguards in place to ensure that images will not be stored or
connected with passengers' personal details in any way —
the interim code of practice already in place in the UK is an
example of how this could be done;
- there should be common EU technical standards
for security scanners, to ensure that any scanners deployed meet
minimum levels of detection capability — work to develop
such standards at the EU level is already well advanced; and
- consideration should be given to common EU training
standards for scanner operators.
Conclusion
48.9 The Commission has yet to decide whether
to present a legislative proposal on the use of security scanners
at airports. However, whilst clearing this present document, we
draw it to the attention of the House as a possible precursor
of legislation which will need to be examined carefully for balance
between security needs and fundamental rights.
190 When a man attempted to ignite an explosive device
on a plane as it neared Detroit from Amsterdam. Back
191
See http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-0521+0+DOC+XML+V0//EN.
Back
192
See http://www.dft.gov.uk/consultations/open/2010-23/. Back
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