This document is an excerpt from the EUR-Lex website
Document 32011R1147
Commission Implementing Regulation (EU) No 1147/2011 of 11 November 2011 amending Regulation (EU) No 185/2010 implementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports Text with EEA relevance
Commission Implementing Regulation (EU) No 1147/2011 of 11 November 2011 amending Regulation (EU) No 185/2010 implementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports Text with EEA relevance
Commission Implementing Regulation (EU) No 1147/2011 of 11 November 2011 amending Regulation (EU) No 185/2010 implementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports Text with EEA relevance
OJ L 294, 12.11.2011, p. 7–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 14/11/2015; Implicitly repealed by 32015R1998
12.11.2011 |
EN |
Official Journal of the European Union |
L 294/7 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1147/2011
of 11 November 2011
amending Regulation (EU) No 185/2010 implementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 establishing common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) and in particular Article 4(2) and (3).
Whereas:
(1) |
In accordance with Article 4(2) of Regulation (EC) No 300/2008, the Commission is required to adopt general measures designed to amend non-essential elements of the common basic standards laid down in the Annex to that Regulation by supplementing them. |
(2) |
Article 4(3) of Regulation (EC) No 300/2008 further provides that the Commission must adopt detailed measures for implementing the common basic standards on civil aviation security laid down in the Annex to that Regulation, as supplemented by the general measures adopted by the Commission on the basis of Article 4(2). |
(3) |
In particular, Commission Regulation (EC) No 272/2009 (2) supplementing the common basic standards on civil aviation security provides for general measures in respect of methods of screening allowed for passengers as laid down in Part A of its Annex. |
(4) |
In order to allow the use of security scanners as method for the screening of passengers, provisions on this use, minimum detection performance standards and minimum operational conditions shall be set. |
(5) |
Commission Regulation (EU) No 185/2010 (3) should therefore be amended accordingly. |
(6) |
Security scanners shall be deployed and used in compliance with Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (4) and Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (5). |
(7) |
By laying down specific operational conditions on the use of security scanners and by providing passengers with the possibility to undergo alternative screening methods, this Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including respect for human dignity and for private and family life, the right to the protection of personal data, the rights of the child, the right to freedom of religion and the prohibition of discrimination. This Regulation must be applied according to these rights and principles. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
(1) |
in Chapter 4, point 4.1.1.1 is replaced by the following:
|
(2) |
in Chapter 4, point 4.1.1.2 is replaced by the following:
|
(3) |
in Chapter 4, the following point is added:
|
(4) |
in Chapter 11, point 11.3 is replaced by the following: ‘11.3 CERTIFICATION OR APPROVAL
|
(5) |
in Chapter 11, the following point is added:
|
(6) |
in Chapter 12, the following points are added: ‘12.11 SECURITY SCANNERS 12.11.1 General principles A security scanner is a system for the screening of persons that is capable of detecting metallic and non-metallic objects, distinct from the human skin, carried on the body or within clothes. A security scanner with human reviewer may consist of a detection system that creates an image of a person’s body for a human reviewer to analyse and establish that no metallic and non-metallic objects, distinct from the human skin is carried on the body of the person screened. When the human reviewer identifies such an object, its location shall be communicated to the screener for further search. In this case, the human reviewer is to be considered as an integral part of the detection system. A security scanner with automatic threat detection may consist of a detection system that automatically recognises metallic and non-metallic objects, distinct from the human skin carried on the body of the person screened. When the system identifies such an object, its location shall be indicated on a stick figure to the screener. For the purpose of screening passengers, a security scanner shall meet the following standards:
Security scanners for the screening of passengers shall be deployed and used in compliance with Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (*1) and Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (*2). 12.11.2 Standards for security scanners The performance requirements for security scanners are laid down in Attachment 12-K, which shall be classified as “CONFIDENTIEL UE” and be handled in accordance with Decision No 2001/844/EC, ECSC, Euratom. Security scanners shall meet the standard defined in Attachment 12-K from the entry into force of this Regulation.
|
(7) |
in Chapter 12, Attachment 12-K is added: ‘ ATTACHMENT 12-K Detailed provisions for security performance requirements for security scanners are laid down in a separate Commission Decision.’. |