WRITTEN QUESTION No. 2163/98 by Ian WHITE to the Commission. Compensation for missing luggage
Date: 1998-07-13
Institutions: European Parliament, WHITE
Subjects: air transport, carriage of passengers, carrier, indemnification, liability, personal effects

C 207/4

Official Journal of the European Communities

EN

21.7.1999

The new common organisation of the market in fruit and vegetables introduced by Regulation (EC)
2200/96 (1) provides for Community financing for producer organisations which implement operational
programmes intended to improve the production and marketing of fruit and vegetables as well as respect for
the environment. These operational programmes, approved by the national authorities, can comprise specific
measures to protect carob trees.

Moreover, Commission Regulation (EEC) 2159/89 of 18 July 1989 laying down detailed rules for applying the
specific measures for nuts and locust beans as provided for in Title IIa of Council Regulation (EEC) 1035/72 (2)
provides for per-hectare aid of from ECU 200 to 475 a year under plans introduced between 1989 and 1996
for a maximum 10-year duration, aimed at improving the quality and marketing of carobs, almonds,
hazelnuts, walnuts and pistachios. The plans approved are managed by recognised producer organisations and
include measures intended to improve the production of these products, and in particular plant health
measures.

In addition, in the context of the implementation of Regulation (EEC) 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the protection of the environment and the
maintenance of the countryside (3), the Commission approved by its decision of 10 October 1994 the agri-
environmental programme for Sicily. The measure in the programme entitled ‘maintenance of extensive
production’ provides for a per-hectare premium of ECU 400 for farmers who commit themselves for five years
to maintaining traditional methods of carob-growing.

These measures constitute, in the opinion of the Commission, a framework for action making it possible to
avoid the disappearance of the carob tree.

(1) OJ L 297, 21.11.1996.
(2) OJ L 207, 19.7.1989.
(3) OJ L 215, 30.7.1992.

(1999/C 207/005)

WRITTEN QUESTION E-2163/98

by Ian White (PSE) to the Commission

(13 July 1998)

Subject: Compensation for missing luggage

The 1929 Warsaw Convention appears to assist airlines to avoid their responsibilities for compensation to
passengers for missing luggage. This seems to have been exacerbated in the United Kingdom by the Carriage by
Air Road Act 1979 limiting liability to seventeen Special Drawing Rights per kilo for claims settled after
1 December 1997 so that the pay out on estimated kilo weight covers little more than the cost of a lost
suitcase, leaving the airline passenger with totally inadequate redress against the airline in question.

Does the Commission have any plans to address this question?

Answer given by Mr Kinnock on behalf of the Commission

(30 September 1998)

The Commission agrees that the current system of baggage and freight liability is outdated and extremely
complex. Several attempts to update the 1929 Warsaw Convention have been frustrated, mainly because the
number of signatories necessary to ratify the so-called Montreal protocol No 4 has always been insufficient.

A new draft convention for the unification of certain rules for international carriage by air is currently being
prepared within the International Civil Aviation Organisation (ICAO). Luggage and freight are included in this
work, and the Commission is of the opinion that the Community should await the results of this work before
assessing the need for further Community legislation on this matter.