WRITTEN QUESTION E-2088/00

by Gorka Knörr Borràs (Verts/ALE) to the Commission

(28 June 2000)

Subject: Persons with disabilities and air travel

Under Article 13 of the EC Treaty, action against discrimination may take on a Community-wide dimension. The integrated package of anti-discrimination measures adopted by the Commission on 25 November 1999 does not include any concrete measures to counter the discrimination suffered by persons with disabilities when travelling by air. The same may be said of the proposal for a Council decision establishing a Community action programme to combat discrimination (2001-2006) COM/99/0567. The Commission communication entitled Towards a Barrier Free Europe for People with Disabilities (COM 2000/284) deals with this problem only in a vague fashion: it admits the present absence of adapted services and facilities at airports, as well as the problem of frequent refusals to allow persons with disabilities to board. The Commission undertakes to consider the action needed as part of the policy it intends to develop on air passenger rights, including promoting good practice.

What concrete measures does the Commission intend to take in this connection? Does it not believe that an enormous legal vacuum exists at Community level on this issue? What Community-funded projects are currently being planned or organised in Europe in the air transport sector in order to improve access? Finally, can the Commission provide information on the projects concerning air transport that have been carried out within the Fifth Framework Programme for Research under the action line for research relating to persons with disabilities?

Answer given by Mrs de Palacio on behalf of the Commission

(13 September 2000)

As stated in the communication entitled Towards a barrier-free Europe for people with disabilities referred to by the Honourable Member, the Commission adopted a communication on the protection of air passengers on 21 June 2000(1) in which,

while again pointing out that air transport is somewhat ahead of the other transport modes as regards the treatment of the disabled, it acknowledges that progress can still be made in this area.

It is thus contemplating proposals for laws in such a way as to guarantee certain rights to that category of air passenger, such as: free assistance in getting from the aircraft to the airport; particular attention to cases where passengers are not allowed to board, delayed or cancelled flights; reimbursing all of the costs arising from the loss of or damage to wheelchairs, it thus suggests that the authorities responsible for air safety should give some thought to defining the objective rules on the matter of freedom to board in order fully to reassure disabled passengers that, where their ticket has been confirmed in full knowledge of their disability, they may make their journey as planned.

In parallel to this, since the law cannot cover everything and voluntary action may often produce better results, the Commission is encouraging the airlines and airports to develop user-service charters which contain, among other things, the development and blanket application of good practices regarding the treatment of disabled passengers.

All these initiatives obviously require highly detailed preparation and the Commission intends to conduct the appropriate consultations. Contacts have already been made to that effect with the European organisations representing disabled passengers.

As regards the air transport projects funded by the Community, the specialist funds such as the cohesion fund or the budgetary heading relating to trans-European networks are used extensively in extending and improving airport infrastructure. Although that does not specifically concern disabled-passenger accessibility, these projects must obviously be in line with the laws applying in that area.

As for research, within the fifth framework programme, the programme entitled quality of life and management of living resources, and the action line Research relating to persons with disabilities enable relevant research projects to be submitted. In addition work on information society technologies addresses access to Information technology (IT) networks, products and services by people with special needs, including elderly and disabled people. Though not directly addressing air transport, the results may support elderly and disabled people indirectly, for example by providing information on access to local transport systems (the Turtle project).

(1) COM(2000) 365 final.