The European Commisison has adopted a new legal framework on the use of security scanners at European airports, banning the use of x-ray scanners because of the radiation risks on the health and safety of passengers.
This EU legislation allows airports and Member States that wish to use security scanners for the screening of passengers to do so under strict operational and technical conditions. It should be noted that there is no olbigation to use them.
The European Commission further considers that X-Ray security scanners could endanger human health and are therefore not authorised within the EU.
According to the European Commission, the use of security scanners will not be allowed under the following minumum conditions:
– Security scanners shall not store, retain, copy, print or retrieve images
– Any unauthorised access and use of the image is prohibited and shall be prevented
– The human reviewer analysing the image shall be in a separate location and the image shall not be linked to the screened person and others
– Passengers must be informed about conditions under which the security scanner control takes place
– In addition, passengers are given the right to opt out from a control with scanners and be subject to an alternative method of screening.
The European Commission hopes that this will fulfill the EU obligations towards human rights and especially the European Charter on Fundamental Rights.
This legislation falls under the remit of aviation security (and more particularly the prevention of terrorism) and is a ‘Commission Implementing Regulation’ – which means that this does not go through ‘co-decision’ (ie without any debates and decision from Ministers and the European Parliament).
It will enter into force at the end of November 2011 (or early December at the latest) and is binding on all EU Member States.