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 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002(1), and in particular Article 4(3) thereof,
Whereas:
(1) Experience with the implementation of Commission Regulation (EU) No 185/2010 of(2) has shown the need for revision of the implementing modalities of the common basic standards for the use of Explosive Trace Detection (ETD) techniques.
(2) The specific aviation security measures for the use of ETD should be clarified, harmonised or simplified in order to improve legal clarity, standardize the common interpretation of the legislation and further ensure the best implementation of the common basic standards on aviation security.
(3) The amendments concern measures describing the permitted use of ETD in relation to the screening of passengers, persons other than passengers, cabin baggage, hold baggage, cargo, mail, in-flight supplies and airport supplies and technical requirements for ETD security equipment.
(4) Regulation (EU) No 185/2010 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,
HAS ADOPTED THIS REGULATION:
The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the twentieth day following that of 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, 19 March 2014.
For the Commission
The President
José Manuel Barroso
Point 4.1.1.2 is replaced by the following:
hand search;
walk-through metal detection equipment (WTMD);
explosive detection dogs;
explosive trace detection (ETD) equipment;
security scanners which do not use ionising radiation;
ETD equipment combined with hand held metal detection (HHMD) equipment.
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.’
Point 4.1.1.9 is replaced by the following:
Point 4.1.2.3 is replaced by the following:
a hand search;
x-ray equipment;
explosive detection systems (EDS) equipment;
explosive detection dogs in combination with point (a);
ETD equipment.
Where the screener cannot determine whether or not the cabin baggage contains any prohibited articles, it shall be rejected or rescreened to the screener’s satisfaction.’
The following points 6.2.1.5 and 6.2.1.6 are added:
hand search;
x-ray equipment;
EDS equipment;
explosive detection dogs (EDD);
ETD equipment;
visual check;
metal detection equipment (MDE).
Where the screener cannot determine whether or not the cargo or mail contains any prohibited articles, it shall be rejected or rescreened to the screener’s satisfaction.
other appropriate security controls, if agreed by the appropriate authority and notified to the Commission.’
The following point 8.1.2.3 is added:
visual check;
hand search;
x-ray equipment;
EDS equipment;
ETD equipment in combination with point (a);
explosive detection dogs in combination with point (a).
Where the screener cannot determine whether or not the item contains any prohibited articles, it shall be rejected or rescreened to the screener’s satisfaction.’
The following point 9.1.2.3 is added:
visual check;
hand search;
x-ray equipment;
EDS equipment;
ETD equipment in combination with point (a);
explosive detection dogs in combination with point (a).
Where the screener cannot determine whether or not the item contains any prohibited articles, it shall be rejected or rescreened to the screener’s satisfaction.’
The following point 12.0.3 is added:
Point 12.6 is replaced by the following:
Consumables shall not be used beyond the recommendations of the manufacturer of the consumable or if the performance of the consumable appears to have deteriorated through use
ETD equipment shall only be used in an environment for which the equipment has been approved for use
There shall be standards for ETD set for particulate and vapour sampling. Detailed requirements on these standards are laid down in a separate classified Commission Decision.’
The following points 12.6.2 and 12.6.3 are added:
Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 55, 5.3.2010, p. 1).