WRITTEN QUESTION E-2608/01

by Paulo Casaca (PSE) to the Commission

(26 September 2001)

Subject: Encouragement by the Commission to ignore international aviation agreements

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 are actually quoted on air tickets.

Surprisingly, in its answer to Question E-2105/01(1), the Commission states that, according to its interpretation of the provisions of the Warsaw and Montreal Conventions, it does not believe that these conventions cover cases where baggage is temporarily mislaid.

The provisions of these two conventions are quite explicit and I fail to understand how they can possibly be interpreted in a way which effectively denies their very existence.

The Commission is not only refusing to take legislative measures aimed at defending the interests of passengers and welcoming provisions which discriminate against EU citizens, but is also encouraging airlines to ignore existing international rules.

What is the legal basis for the Commission's attitude and what political mandate has it been given for such action?

(1) OJ C 40 E, 14.2.2002, p. 186.

Answer given by Mrs de Palacio on behalf of the Commission

(14 November 2001)

The Commission wishes to clarify its answer to the Honourable Member's previous written question E-2105/01 on the responsibility of airlines for baggage, as most regrettably it has caused misunderstanding. Indeed the temporary mislaying of baggage, that is a delay in its delivery, is covered by the Warsaw and Montreal Conventions, as the Honourable Member states in his present question. Both render air carriers liable for damages resulting from delay in the carriage of luggage, as well as of passengers. They also give carriers certain defenses against claims for such damages (Articles 20 and 21 of the Warsaw Convention and Articles 19 and 20 of the Montreal Convention) and set financial limits to their liability (Article 22 of both conventions).

The Commission wishes to point out that it attaches the highest importance to the respect of all international law, whether Community or multilateral as in this case, and does not encourage airlines to ignore international rules.

The Commission emphasises that it is working very actively to defend the interests of air passengers. In the area of liability, it proposed a regulation creating a modern regime, which was adopted as Council Regulation (EC) No 2027/97 of 9 October 1997(1). As well as giving passengers travelling on Community carriers a high level of protection, it did much to inspire agreement on a new international agreement, the Montreal convention; this will replace the Warsaw Convention which gives passengers little protection. Following the signature of the Montreal Convention in 1999, it made a proposal(2) to amend Regulation 2027/97 so as to align Community rules on liability on those of the Montreal Convention. This new regulation would therefore protect the interests of air passengers not only in the event of accidents, but also of delays and mishandling of baggage.

Moreover, this new Community legislation would go further than the Montreal Convention in protecting passengers. The Montreal Convention, like that of Warsaw, is limited to international carriage. Community legislation, both Regulation 2027/97 and the new regulation, also cover domestic traffic within Member States. This gives the citizens of the Community a degree of legal protection enjoyed by few others.

The Parliament has approved the proposal for a new regulation subject to amendments at its first reading and the Council has reached a political agreement on a common position. The regulation is expected rapidly to be adopted.

(1) OJ L 285, 17.10.1997.

(2) OJ C 337 E, 28.11.2000.