委员会实施条例(EU) No 1147/2011,就在欧盟机场安全扫描器的使用,修订实施民用航空安全的共同的基本标准的条例(EU) No 185/2010(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R1147
OJ编号:OJ L 294, 12.11.2011, p. 7-11
中文标题:委员会实施条例(EU) No 1147/2011,就在欧盟机场安全扫描器的使用,修订实施民用航空安全的共同的基本标准的条例(EU) No 185/2010(1)
原文标题: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 (1)
分类:07.40.30_空中安全
文件类型:二级立法 Regulation|条例
生效日期:2011-12-02
废止日期:2058-12-31
法规全文:查看欧盟官方文件
12.11.2011 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,
(5) Commission
Regulation
(EU)
No
185/2010
( 3 ) should
therefore be amended accordingly.
Having regard to the Treaty on the Functioning of the European
(6) Security
scanners
shall
be
deployed
and
used
in
Union,
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
Having regard to Regulation (EC) No 300/2008 of the European
European Parliament and of the Council of 29 April
Parliament and of the Council of 11 March 2008 establishing
2004 on the minimum health and safety requirements
common rules in the field of civil aviation security and
regarding the exposure of workers to the risks arising
repealing Regulation (EC) No 2320/2002 ( 1 ) and in particular
from physical agents (electromagnetic fields) (18th indi
Article 4(2) and (3).
vidual directive within the meaning of Article 16(1) of
Directive 89/391/EEC) ( 5 ).
Whereas:
(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
(1) In
accordance
with
Article
4(2)
of
Regulation
(EC)
No
and observes the principles recognised in particular by
300/2008, the Commission is required to adopt general
the Charter of Fundamental Rights of the European
measures designed to amend non-essential elements of
Union, including respect for human dignity and for
the common basic standards laid down in the Annex
private and family life, the right to the protection of
to that Regulation by supplementing them.
personal data, the rights of the child, the right to
freedom of religion and the prohibition of discrimi
nation. This Regulation must be applied according to
these rights and principles.
(2) Article
4(3)
of
Regulation
(EC)
No
300/2008
further
provides that the Commission must adopt detailed
measures for implementing the common basic
(8) The
measures
provided
for
in
this
Regulation
are
in
standards on civil aviation security laid down in the
accordance with the opinion of the Committee on Civil
Annex to that Regulation, as supplemented by the
Aviation Security,
general measures adopted by the Commission on the
basis of Article 4(2).
HAS ADOPTED THIS REGULATION:
(3) In particular, Commission Regulation (EC) No
272/2009 ( 2 ) supplementing the common basic
standards on civil aviation security provides for general
Article 1
measures in respect of methods of screening allowed for
The Annex to Regulation (EU) No 185/2010 is amended in
passengers as laid down in Part A of its Annex.
accordance with the Annex to this Regulation.
Article 2
(4) In
order
to
allow
the
use
of
security
scanners
as
method
for the screening of passengers, provisions on this use,
This Regulation shall enter into force on the 20th day following
minimum detection performance standards and
its publication in the Official Journal of the European Union.
minimum operational conditions shall be set.
( 3 ) OJ L 55, 5.3.2010, p. 1.
( 1 ) OJ L 97, 9.4.2008, p. 72.
( 4 ) OJ L 199, 30.7.1999, p. 59.
( 2 ) OJ L 91, 3.4.2009, p. 7.
( 5 ) OJ L 159, 30.4.2004, p. 1.
L 294/8
EN
Official Journal of the European Union
12.11.2011
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
EN
12.11.2011 Official
Journal
of
the
European
Union
L
294/9
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:
‘4.1.1.1 Before screening, coats and jackets shall be taken off and shall be screened as cabin baggage. The screener
may request the passenger to undertake further divesting as appropriate.’;
(2) in Chapter 4, point 4.1.1.2 is replaced by the following:
‘4.1.1.2 Passengers shall be screened by:
(a) a hand search; or
(b) walk-through metal detection (WTMD) equipment; or
(c) explosive detection dogs in combination with point (a); or
(d) security scanners which do not use ionising radiation.
Where the screener cannot determine whether or not the passenger is carrying prohibited articles, the
passenger shall be denied access to security restricted areas or rescreened to the screener’s satisfaction.’;
(3) in Chapter 4, the following point is added:
‘4.1.1.10 When a security scanner with a human reviewer, as defined under point 12.11.1, second paragraph, is used
for screening of passengers the following minimum conditions shall be complied with:
(a) security scanners shall not store, retain, copy, print or retrieve images. However, any image generated
during the screening can be kept for the time needed for the human reviewer to analyse it and shall be
deleted as soon as the passenger is cleared. Any unauthorised access and use of the image is prohibited
and shall be prevented;
(b) the human reviewer analysing the image shall be in a separate location so that he/she cannot see the
screened passenger;
(c) any technical devices capable of storing, copying or photographing or otherwise recording images shall
not be allowed into the separate location where the image is analysed;
(d) the image shall not be linked to any data concerning the screened person and his/her identity shall be
kept anonymous;
(e) a passenger may request that the image of his/her body is analysed by a human reviewer of the gender
of his/her choice;
(f) the image shall be blurred or obscured to prevent the identification of the face of the passenger.
Paragraphs (a) and (d) shall also apply to security scanners with automatic threat detection.
Passengers shall be entitled to opt out from a security scanner. In this case the passenger shall be screened
by an alternative screening method including at least a hand search in accordance with Attachment 4-A of
Commission Decision (2010)774. When the security scanner alarms, the cause of the alarm shall be
resolved.
Before being screened by a security scanner, the passenger shall be informed of the technology used, the
conditions associated to its use and the possibility to opt out from a security scanner.’;
(4) in Chapter 11, point 11.3 is replaced by the following:
‘11.3 CERTIFICATION
OR
APPROVAL
11.3.1 Persons performing tasks as listed in points 11.2.3.1 to 11.2.3.5 shall be subject to:
L 294/10
EN
Official Journal of the European Union
12.11.2011
(a) an initial certification or approval process; and
(b) for persons operating x-ray or EDS equipment or for human reviewers of security scanners, recertification
at least every 3 years; and
(c) for all other persons, recertification or reapproval at least every 5 years.
11.3.2 Persons operating x-ray or EDS equipment or human reviewers of security scanners shall, as part of the initial
certification or approval process, pass a standardised image interpretation test.
11.3.3 The recertification or reapproval process for persons operating x-ray or EDS equipment or for human
reviewers of security scanners shall include both the standardised image interpretation test and an evaluation
of operational performance.
11.3.4 Failure to undertake or successfully complete recertification or reapproval within a reasonable timescale, not
normally exceeding 3 months, shall result in the related security entitlements being withdrawn.
11.3.5 Certification or approval records shall be kept for all persons certified or approved, respectively, for at least
the duration of their contract.’;
(5) in Chapter 11, the following point is added:
‘11.4.1.1 Human reviewers of security scanners shall be subject to recurrent training consisting of image recognition
training and testing. This shall take the form of classroom and/or computer based training for at least 6
hours in every 6-month period.
The results of testing shall be provided to the person and recorded, and may be taken into consideration as
part of the recertification or reapproval process.’;
(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:
(a) security scanners shall detect and indicate by means of an alarm at least specified metallic and non-
metallic items including explosives both individually and in combination;
(b) detection shall be independent of the position and orientation of the item;
(c) the system shall have a visual indicator to show that the equipment is in operation;
(d) security scanners shall be positioned so as to ensure that their performance is not affected by sources
of interference;
(e) the correct functioning of security scanners shall be tested on a daily basis;
(f) the security scanner shall be used in accordance with the concept of operations provided by the
manufacturer.
EN
12.11.2011 Official
Journal
of
the
European
Union L
294/11
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) (*) 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) (**).
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.
12.11.2.1 All security scanners shall meet standard 1.
Standard 1 shall expire on 1 January 2022.
12.11.2.2 Standard 2 shall apply to security scanners installed as of 1 January 2019.
___________
(*) OJ L 199, 30.7.1999, p. 59.
(**) OJ L 159, 30.4.2004, p. 1.’
(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.’.
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