In October 2008, the European Commission presented a draft regulation updating the EU aviation security measures trying to add body scanners to the EU's list of allowed methods for screening in airports. However, it has not considered how body scanning technology would be used specially as regards impact on health and passengers privacy and it has not accompanied the draft measure with an impact assessment relating to fundamental rights. The proposal was withdrawn.
At the request of the EU Member States and the European Parliament, on 15 June, the European Commission presented a Communication on the Use of Security Scanners at EU airports. According to the Commission “security scanners may be considered as offering a reliable and effective screening method which detects metallic and non-metallic objects carried by a person.” Moreover, it believes that “it would be possible to address concerns about health and fundamental rights that have been raised, provided they are used under appropriate conditions.”
The Regulation 300/2008 on common rules in the field of civil aviation security lays down the common standards on civil aviation security. Member States may apply, in conformity with Community law, more stringent measures than those provided in this Regulation. Hence, they may introduce body scanners at their airports.
The Commission has pointed out that presently body scanners “are not systematically and uniformly deployed by Member States at their airports” and “their use is not harmonised in terms of operational conditions as they are regulated at national level.”
Unsurprisingly, according to the European Commission “Only a common EU framework would legally guarantee the uniform application of security rules and standards at all EU airports.” It seems that member states will continue to be able to decide whether or not to use security scanners but “their deployment and operation” will be based on common EU standards.
Spain, which currently holds the rotating presidency, is calling for a common EU rule on the use of body scanners at EU airports. Obviously, the Commission wants to introduce common rules at EU level and harmonise the conditions in which body scanners can be operated, avoiding, in this way, Member State’s airports from applying different rules. The Commission is likely to propose an EU legal framework on the use of security scanners at EU airports, such proposal will go through the unaccountable comitology procedure.
