WRITTEN QUESTION E-2020/99

by Paulo Casaca (PSE) to the Commission

(9 November 1999)

Subject: Protecting air transport consumers

The European Union has already produced a major corpus of legislation on protecting air transport consumers; I refer specifically to the legislation concerning the turning back of passengers with reservations.

However, the situation is still highly unsatisfactory, and I would ask:

1. Has the Commission already carried out any checks on the application of Regulation No 295/91(1) on airlines?

2. If so, with what results, and if not, why not?

3. Does the Commission believe that there already exists a legal basis to protect consumers with regard to:

3.1. airline liability baggage?

3.2. airline liability if flights are cancelled for commercial reasons?

3.3. minimum comfort and health protection for air travellers, particularly as regards adequate space?

4. If so, what is this legal basis, and how does the Commission evaluate its application hitherto? If not, does the Commission not think it ought to initiate legislation in these areas?

(1) OJ L 36, 8.2.1991, p. 5.

Answer given by Mrs de Palacio on behalf of the Commission

(22 December 1999)

Action in this area has so far been taken as part of the development of the common transport policy in the aviation sector (Article 80(2) of the EC Treaty (ex Article 84)). The amended provisions on consumer protection included in the new Treaty (Article 153 (ex Article 129a)) reinforce the case for action to protect the rights of passengers.

The Commission has issued a call for tender earlier this year with a view to letting a contract for the assessment of the implementation of Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport. The different tenders received are now being examined and the contract will be awarded soon. The results are expected in the first half of 2000 and will help focus the Commission's initiatives to ensure full application of the Regulation.

There are no specific Community rules covering the liability of air carriers for baggage. In this matter, national rules apply to domestic air transport within each Member State, while transport between Member States is covered by the outdated Warsaw Convention of 1929 and its subsequent revisions. The Montreal Convention agreed in May 1999, which will eventually replace the Warsaw Convention in its entirety, creates new rules for international transport which could also be extended by Community legislation to cover domestic intra-Community air traffic within Member States. This would create a uniform system for all transport on Community airlines. In drawing up its proposals for Community ratification and implementation of the new Montreal Convention, the Commission will consider this issue carefully, taking account of the opinion expressed by the Parliament during discussion of Council Regulation (EC) 2027/97 of 9 October 1997 on air carrier liability in the event of accidents(1), that common rules for baggage should be included in any Community liability system.

As regards liability for cancellation, the draft common position reached on the amendment of Regulation (EEC) No 295/91(2), would extend the compensation scheme for denied boarding to cover passengers who are delayed because the airline cancels their flight.

The issue of comfort and space on board aircraft will be addressed along with a full range of consumer issues in a forthcoming Commission consultation paper on passenger rights. The consultation paper will be sent out to all interested parties and, of course, to the Parliament. The results of the consultation will be used to form future policy in this area.

(1) OJ L 285, 17.10.1997, p. 1.

(2) OJ C 120, 18.4.1998, p. 18.