WRITTEN QUESTION E-2105/01

by Paulo Casaca (PSE) to the Commission

(13 July 2001)

Subject: Collusion by airlines to curtail passengers' rights

The Warsaw Convention (Articles 19 and 22) and, more recently, the Montreal Convention (Article 22(3)), extend guarantees to passengers whose baggage is temporarily mislaid.

These guarantees, however, are not mentioned in Annex 1 to the communication to the European Parliament and the Council Protection of air passengers in the European Union(1).

In the agreement concluded on 10 May 2001 in Lisbon by the Association of European Airlines, the airlines concerned nonetheless undertake to provide sufficient assistance to meet the passenger's reasonable short-term needs where baggage is temporarily mislaid.

On 18 June 2001, the baggage of the author of this question failed to arrive in Brussels on a TAP flight from Ponta Delgada. The flight arrived at 11.30 a.m, and he was obliged to spend almost an hour at Sabena's baggage claims desk. As he had to fly from Brussels to Vienna at 2 p.m. on 19 June, he asked Sabena whether he could claim a contribution to the purchase of a new suitcase should his baggage not arrive during the course of the day.

He was told by a Sabena employee that the company declined all responsibility and that it would take no action until the baggage had officially been missing 24 hours.

This position on the part of a Sabena employee is in total contradiction with the responsibilities assumed by both TAP and Sabena under the Warsaw and Montreal Conventions, and is also in breach of the agreement signed by the European airlines one month previously.

Unfortunately, the author of this question has to report that attitudes of this type are all too frequent on the part of the airlines.

What proposals does the Commission have for monitoring the implementation of agreements and conventions, whether binding or voluntary, on the part of airlines?

(1) COM(2000) 365, 21 June 2000.

Answer given by Mrs de Palacio on behalf of the Commission

(6 September 2001)

In the Commission's view, neither the Warsaw Convention or the Montreal Convention covers the temporary loss of baggage; they deal only with the liability of air carriers in the event of loss or material damage. This is why the Commission, in its communication on Protection of air passengers in the European Union referred to by the Honourable Member, considers that steps should be taken to help passengers who are suffering from delays in the delivery of their baggage.

The airline companies decided to include measures to this effect in the voluntary agreements which they published in Lisbon on 10 May 2001. They undertook to apply these measures as from 14 February 2002, since it would take some time to modify their procedures and train their staff.

Work is currently being carried out with the airline companies, the airports and the member States of the European Civil Aviation Conference, to put in place ways and means of monitoring the implementation of these voluntary agreements.

As regards monitoring the implementation of international conventions, the Community only has any responsibility if it is itself a party to them, which is not the case with the Warsaw Convention. It has, on the other hand, signed the Montreal Convention, and is in the process of both ratifying it(1) and transposing it into internal law(2). Both proposals have been placed before Parliament and it has expressed an opinion on them.

(1) COM(2000) 446 final.

(2) COM(2000) 340 final.