WRITTEN QUESTION E-2608/01 by Paulo Casaca (PSE) to the Commission. Encouragement by the Commission to ignore international aviation agreements.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: air transport, consumer protection, drafting of EU law, international convention, liability, personal effects, transport company, transport regulations, transport user

6.6.2002

EN

Official Journal of the European Communities

C 134 E/57

(2002/C 134 E/056)

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.

in its answer to Question E-2105/01 (1),

the Commission states that, according to its
Surprisingly,
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 misunder-
standing. 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.

C 134 E/58

Official Journal of the European Communities

EN

6.6.2002

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.

(2002/C 134 E/057)

WRITTEN QUESTION E-2611/01

by Torben Lund (PSE) to the Commission

(27 September 2001)

Subject: Sellafield and radioactivity

Measurements have shown increasing radioactivity levels in the Barents Sea, around the Kola peninsula and
Spitsbergen originating in the nuclear processing plant at Sellafield in the United Kingdom. The British are
supposed to be reducing discharges of the radioactive substance technetium-99, but only intend to reduce
discharges from Sellafield by 80 % in 2006.

What does the Commission intend to do to insist on respect for the present agreement with the British
authorities on a reduction of radioactive discharges? Will the Commission also give a general assessment of
the risks arising from the release of technetium-99 and other substances from Sellafield?

Answer given by Mrs Wallström on behalf of the Commission

(13 November 2001)

In signing the Oslo-Paris (OSPAR) Sintra Statement of 23 July 1998, the Contracting Parties, including the
United Kingdom, emphasised their commitment to a number of aims of OSPAR set out in that statement,
including those relating to radioactive discharges. The Sintra Statement noted the concerns expressed by a
number of OSPAR Contracting Parties about the recent increase in technetium discharges from Sellafield at
that time and their view that these discharges should cease. The Statement further noted British Ministers’
commitment
in the forthcoming decisions concerning the discharge
authorisations from Sellafield.

such concerns

to address

At that time the contracting Parties adopted a Strategy for the purpose of directing future work of the
OSPAR Commission with regard to radioactive substances. The responsibility for assessing the effectiveness
of measures in that strategy, and progress made by Contracting Parties in meeting commitments, rests with
the OSPAR Commission by quinquennial review and, if necessary, modification of the strategy.

The Commission is committed to participating in the work of OSPAR at a number of levels and in respect
of radioactive substances is undertaking a study for the update of the Marína Project into the radiological
exposure from radioactivity in North European marine waters. This work is referred to in the OSPAR
Strategy with regard to Radioactive Substances and the Commission took account of the views of OSPAR,
regarding the scope and nature of the study, before commencing the work. The Study is due to be
published in the later part of 2002, with an interim report being made to OSPAR in early 2002. This
study will provide, amongst other information, an up-to-date assessment of the impact of releases of
technetium-99 from Sellafield on humans and biota.