Council Resolution of 2 October 2000 on the rights of air passengers
Date: 2000-10-02
Institutions: Council of the European Union
Subjects: access to information, air transport, competition, consumer protection, contract, single market

14.10.2000

EN

Official Journal of the European Communities

C 293/1

I

(Information)

COUNCIL

COUNCIL RESOLUTION

of 2 October 2000

on the rights of air passengers

(2000/C 293/01)

THE COUNCIL OF THE EUROPEAN UNION,

AFFIRMS its desire to make the rights of air passengers better
known, and to strengthen them. In this respect, it welcomes
information
communication and
the Commission’s
campaign launched by it to make passengers aware of their
rights by publishing a charter and posting it in Community
airports.

the

NOTES that air passengers today are not sufficiently informed
about
their rights and are liable to find themselves in an
unequal position vis-(cid:224)-vis carriers.

INTENDS to take account of developments in the air transport
sector at a global level, such as alliances, franchise agreements
and code-sharing, and to correct any adverse effects these may
have on the situation and rights of air passengers.

the

that

liberalisation of

the Community’s air
BELIEVES
transport and the rapid development of air
travel, which
meet consumers’ expectations, must also be accompanied by
increased protection and better information for passengers.

INTENDS to take care to maintain the necessary balance
between measures to be taken in favour of passengers and
operators’ financial imperatives, which evolve against a back-
ground of global competition.

RECALLS also that the desire to protect air passengers should
not hinder the freedom of competition both inside and outside
the European Union, and in particular
commercial
initiatives of each company.

the

level

TAKES INTO ACCOUNT the work carried out and decisions taken
at international
in the specialised bodies and also the
work of professional bodies, such as the International Air
of
Transport Association
European Airlines (AEA) and WILL ENSURE that steps taken
by it are consistent with international conventions, particularly
those of Warsaw and Montreal, and with the work of the
International Civil Aviation Organisation (ICAO) and the
European Civil Aviation Conference (ECAC).

the Association

(IATA)

and

DESIRES that consideration also be given to an initiative to
protect the rights of passengers in the case of other modes
of transport.

CONSIDERS THAT PRIORITY ACTIONS SHOULD SEEK TO:

RECALLS the provisions of Article 153 of the Treaty which aim
to promote the interests of consumers and to ensure a high
level of consumer protection.

1.

improve the information given to air passengers through:

REFERS to the conclusions of
which
environment.

advocate

the

the Lisbon European Council
regulatory
the

of

simplification

IS AWARE OF the special features of the air transport sector and
the interdependence of the activities of the various operators
involved, particularly airlines, airports, travel agents and tour
operators, as well as the bodies responsible for air traffic
control.

(a) clarification of contracts, which must be made more
accessible and easier to understand, and must spell out
the essential details;

(b) prompt and precise information on delays and, more
generally, on any unexpected problems occurring
during the journey;

(c) the drawing up, at European level, of regular reports
carriers’
to

consumers

compare

air

enabling
performances;

C 293/2

EN

Official Journal of the European Communities

14.10.2000

2. strengthen the protection of air passengers’ rights: in this
area, certain contractual terms need to be revised in the
light of Council Directive 93/13/EEC of 5 April 1993 on
unfair terms in consumer contracts (1);
the
issues of ticket transfer, confirmation of reservations, price
changes after booking, possible compensation and, inter alia,
ticket reimbursement
in the event of delays should be
considered;

in addition,

specific to allow for a real improvement in the situation of the
air passenger and will need to allow for their implementation
to be monitored. These measures should be taken with a desire
for efficiency; for this reason, they should be taken quickly and
than May 2001 with a view to the
completed no later
European Union/European Civil Aviation Conference (ECAC)
dialogue meeting on this
subject, and reports on their
progress should be drawn up regularly by the Commission.

3.

improve the service provided, particularly:

(a) in the event of delays, by considering, for example, the
scope for re-routeing passengers as soon as possible and
providing them with a minimum level of assistance;

(b) in order to take into account the needs of passengers
with disabilities and those requiring specific assistance;

(c) in the event of luggage being lost, delayed or damaged;

4. finally, facilitate the handling of disputes: it is indispensable
in this area that airlines, airports, travel agencies and tour
operators should make it easier to file complaints, and that
it is also
these should be processed within a set period;
necessary that mechanisms should be put in place for the
settlement of disputes, particularly on the basis of
the
Council Resolution of 25 May 2000 on a Community-wide
network of national bodies for the extra-judicial settlement
of consumer disputes (2).

those

involved to undertake

and continue with
URGES
voluntary measures concerning the actions
listed by the
Council. Voluntary commitments will need to be sufficiently

in the event of
EMPHASISES that
voluntary cooperation which it
desirable to contemplate legislative initiatives in this area.

failure of
favours,

the process of
it may prove

to submit

this stage,

the Commission intends

legislative
NOTES that
proposals. At
the Council believes that priority
should be given to addressing the subject of the air transport
contract in order to set its minimum requirements, and to
publishing regular
to
consult interested parties on the matter.

for consumers, and intends

reports

SHARES with the Commission the need to reinforce the current
protection of passengers in the event of a refusal of boarding.

INSTRUCTS Coreper
to consider forthwith the Commission
proposals on amending Council Regulation (EC) No 2027/97
of 9 October 1997 on air carrier liability in the event of
accidents (3) and on approving the Convention for the unifi-
international carriage by air
cation of certain rules
(Montreal Convention).

for

CONFIRMS its intention of discussing this matter again at its
next meeting.

(1) OJ L 95, 21.4.1993, p. 29.
(2) OJ C 155, 6.6.2000, p. 1.

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