WRITTEN QUESTION E-2748/99 by Gérard Deprez (PPE-DE) to the Commission. Common rules for a denied-boarding compensation system.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: air transport, application of EU law, consumer information, consumer protection, indemnification, legal process, regulation (EU), reservation, transport user

21.11.2000

EN

Official Journal of the European Communities

C 330 E/45

substances (2), which has annulled Council Directive 82/501/EEC of 24 June 1982 on the major-accident
hazards of certain industrial activities (3),
if the installation concerned could be considered within the
definitions set out in Article 2 and 3 of Directive 96/82/EC.

Article 4 of Directive 84/360/EEC provides that in respect of installations in operation after 1 July 1987 or
built or authorized after that date, (cid:145)an authorization may be issued only when the competent authority is
satisfied that: (1) all appropriate preventive measures against air pollution have been taken, including the
application of the best available technology, provided that the application of such measures does not entail
excessive costs; (2) the use of plant will not cause significant air pollution particularly from the emission of
substances referred to in Annex II; (3) none of the emission limit values applicable will be exceeded; (4) all
the air quality limit values applicable will be taken into account(cid:146). Article 12 states: (cid:145)The Member States
shall follow developments as regards the best available technology and the environmental situation. In the
light of this examination they shall, if necessary, impose appropriate conditions on plants authorized in
accordance with this Directive, on the basis both of those developments and of the desirability of avoiding
excessive costs for the plants in question, having regard in particular to the economic situation of the
plants belonging to the category concerned.(cid:146)

Article 5 of Directive 96/82/EC, and previously Article 3 of Directive 82/501/EEC, obliges the operator to
take all measures necessary to prevent major accidents and to limit their consequences for man and the
environment. Article 14 of Directive 96/82/EC, and previously Article 10 of Directive 82/501/EEC,requires
the operator, as soon as practicable following a major accident, to inform the authorities and provide them
with information on the circumstances of the accident, the dangerous substances involved, the data
available for assessing the effects of the accident on man and the environment and the emergency
measures taken. In return, the authorities must ensure that any necessary remedial measures are taken by
the operator. Furthermore, they must collect all the information necessary for a full analysis of the
accident.

Not being aware of the situation described by the Honourable Member, the Commission will take the
appropriate steps in order to gather detailed information about it and to ensure the observance of
Community law.

Workers exposed to chemicals are covered by the measures provided by the Community legislation on
health and safety at work, such as Council Directives 80/1107/EEC (4), 89/391/EEC (5), 89/654/EEC (6),
89/655/EEC (6), 89/656/EEC (6), 90/394/EEC (7) and 98/24/EEC (8). Such directives lay down minimum
requirements under Article 137 of the EC Treaty (ex Article 118A) which are to be applied in the
workplace in order to ensure that all the necessary steps have been taken to prevent or adequately control
workers(cid:146) exposure to chemicals.

(1) OJ L 188, 16.7.1984.
(2) OJ L 10, 14.1.1997.
(3) OJ L 230, 5.8.1982.
(4) OJ L 327, 3.12.1980.
(5) OJ L 183, 29.6.1989.
(6) OJ L 393, 30.12.1989.
(7) OJ L 196, 26.7.1990.
(8) OJ L 131, 5.5.1998.

(2000/C 330 E/050)

WRITTEN QUESTION E-2748/99

by GØrard Deprez (PPE-DE) to the Commission

(18 January 2000)

Subject: Common rules for a denied-boarding compensation system

Could the Commission provide information on the extent to which the provisions of Council Regulation
295/91 (1), establishing common rules for a denied-boarding compensation system in scheduled air
transport, have been implemented to date? Could it give the following specific information:

C 330 E/46

Official Journal of the European Communities

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21.11.2000

1. Which air carriers have notified it of the arrangements they have introduced to fulfil their obligations?

2. How much compensation has actually been received by travellers under these arrangements?

3. How much information is actually available in agencies and/or airports for travellers who have been

denied boarding?

In addition, knowing that the proposal to amend this regulation is currently blocked in the Council, and
given that failure to observe the provisions laid down is clearly very common, does the Commission intend
to take legal action or steps of any other kind against airlines which do not observe these provisions,
pending the introduction of more effective rules?

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

Answer given by Mrs de Palacio on behalf of the Commission

(21 March 2000)

Regulation (EEC) No 295/91 adopted by the Council in 1991 provides for a system whereby the rules to
be applied by air transport companies operating from a Community airport are to be notified where
boarding is denied. That notification is sent to the Member State concerned and to the Commission at one
and the same time. Fifty eight airlines have notified the Commission in this way (see the list sent to the
Honourable Member and to the Secretariat General of Parliament).

The regulation provides for minimum compensation thresholds (EUR 150 for flights up to 3 500 km and
EUR 300 for flights of more than 3 500 km) which may be restricted to the price of the ticket to the final
destination. Moreover, it stipulates, in general terms, that the rules applying to air carriers shall be made
available to the public at the carriers agencies and check in counters. The airlines and their agencies may
choose how best to meet that obligation.

At the moment the EC Treaty is not a suitable forum enabling the Commission to prosecute an airline in
order to ensure compliance with the compensation rules in individual
instances. Since the regulation
confers rights that directly favour passengers, these have the option of bringing actions before the national
courts in order to secure those rights. The Commission is aware of a relatively restricted number of cases
in that area. Moreover, the Member States have the option of applying further penalties where the
regulation is infringed.

While awaiting the adoption, by the Council, of a proposal from the Commission amending the current
regulation (1) and more particularly following the various developments at technological level (electronic
ticketing) and also at operational level (alliances among carriers), the Commission recently launched a
detailed examination of the stage reached in implementing Regulation (EEC) No 295/91. That examination
should produce an inventory of (a) the practices pursued by the airlines and the national authorities in the
Member States in order to ensure that such rules are adopted and that passengers are better protected, and
(b) of the impact of the above-mentioned developments on the implementation of the rules by the national
courts.

(1) OJ C 351, 18.11.1998.

(2000/C 330 E/051)

WRITTEN QUESTION E-2761/99

by Mauro Nobilia (UEN) to the Commission

(18 January 2000)

Subject: Subsidies for ferry services to islands (Article 88(2) of the EC Treaty with regard to subsidy

C/64/99 (cid:129) formerly NN 68/99)

Having regard to the following:

(cid:129) the purpose of the subsidies referred to above is to ensure, in connection with ferry services to islands,

territorial continuity between them and the mainland;