Europe takes box scanning fight to US Congress

By Justin Stares in Brussels - Monday 18 February 2008

The US scanning law leaves questions unanswered, say concerned parties. The US scanning law leaves questions unanswered, say concerned parties.
BRUSSELS will present a breakdown of costs the European Union will have to shoulder if the US implements its 100% container scanning law to the US Congress next month. 

The European commission is preparing what is expected to be a "massive" estimate of the burden European companies will have to bear if the US insists all inbound boxes be scanned for radiation by 2012, as legislation foresees. 

The estimate, gathered following talks with major European ports, is part of the commission lobbying campaign to get the US authorities to rethink the anti-terror law. Brussels would like the US to instead move towards mutual recognition of maritime security regimes. 

"This has already been signed into law in the US, but we will be presenting Congress with our estimate of costs in March," said a commission official, talking at an off-the-record briefing. "We still hope it will not be necessary for this to come into force." 

According to an assessment made for the commission by the European Sea Ports Organisation, the Brussels industry group which represents port authorities, the US law will distort trade and might not even make any difference if terrorists do decide to hide a radiation-based "dirty bomb" in a container. 

"Unless massive public financial support will be provided, which is unlikely to happen in EU Member States," Espo told the commission, "the cost of introdcing the 100% scanning measures will to a large extent be transferred to port users and eventually on shippers trading with the US." 

It continued: "Given that US exporters are not required to have export cargo screened this action will discriminate against exporters based outside the US." 

Non-US ports would have to separate out US-bound containers, which would mean finding new storage areas (many are already struggling to expand). Separate loading arrangements are bound to lead to "delays in the supply chain." 

There are concerns that scanning equipment is not advanced enough to cope with the flow of cargo required or the precision needed. Radiation detection equipment has to be operated manually because natural radiation is given off by non-hazardous cargoes such as granite and tiles.

While there is an expectation that technology will improve, a large number of staff would need to be hired to use machines available today. A single scanner can cope with a load of around 130 containers a day. 

"To avoid impact on human beings and contamination, radiating material is usually transported in special containments not allowing radiation to leave. This protection can also be used to hide dirty bombs etc," Espo chairman Giuliano Gallanti pointed out in his submission to the EU Customs commissioner Lazslo Kovacs. 

The US law also leaves questions unanswered, such as the status of transhipment cargo, liability in this case of an explosion, and responsibility for certification. 

"This US measure would also apply to ports outside Europe. How on earth would they afford to implement such a system in places like Africa?" said Patrick Verhoeven, Espo secretary general.
 
China has already added its voice to European concern.

* Read Lloyd’s List Newsroom Blog - Should the rest of the world foot the bill for US security? – and join in the debate.
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