WRITTEN QUESTION P-3855/02 by Pietro-Paolo Mennea (PPE-DE) to the Commission. Violation of passengers' rights.
Date: 2002-12-23
Institutions: European Parliament, Provisional data
Subjects: air transport, carriage of passengers, common transport policy, consumer protection, reservation, transport regulations

C 155 E/198

Official Journal of the European Union

EN

3.7.2003

The Commission does not fund European Social Fund (ESF) projects directly. It is up to the Member States
to establish their priorities with a view to the funding and selection of projects while taking account of a
set of objective criteria for the granting of funds laid down by the Commission and the Member States
with the aim of putting the European Employment Strategy’s priorities into practice.

The measures for Galicia were established within this framework, and the Spanish authorities ensure that
these are implemented and followed up. The Commission has stressed the need to ensure a follow-up, as
regards the priorities and measures, using the mechanisms provided for in Council Regulation (EC)
No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1),
in
partrnership with the authorities concerned.

In this connection, a mid-term assessment is in the process of being carried out. This assessment focuses
on the initial results of the measures, their relevance and how far objectives have been achieved. It also
looks at the use of appropriations, as well as the follow-up and implementation. The results, which are
expected by the end of 2003, will have to be taken into consideration in the discussions on the future of
the Structural Funds after 2006.

With regard to the autonomous community of Galicia,
(coordination case) on 29 March 2001 into the ‘Confederación de Empresarios de Galicia (CEG)’.

the OLAF opened an external

investigation

This investigation is being conducted in close collaboration with the Spanish judicial authorities.

No further details can be provided at present since the information obtained during the OLAF’s
investigations is subject to provisions of Community and national law.

(1) OJ L 161, 26.6.1999.

(2003/C 155 E/219)

WRITTEN QUESTION P-3855/02

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(23 December 2002)

Subject: Violation of passengers’ rights

In the wake of complaints from members of the public and numerous press reports, it has emerged that
frequent problems are being caused by EU airlines thanks to the deplorable ‘practice’ of overbooking.

In some cases, passengers who already had a boarding card, whose luggage was already loaded on the
plane, and who had completed all pre-boarding operations according to the rules and on time, have been
refused boarding for no good reason.

It appears, besides, that airlines are violating the most elementary rights of passengers.

With the Christmas and New Year period now approaching, with the consequent large numbers of
passengers flying from many of Europe’s airports, and from the viewpoint of improving the protection of
European citizens’ rights, can the Commission:

(cid:1) take effective steps to put an end to the severe annoyances referred to above;

(cid:1) penalise, wherever possible, airlines which indiscriminately practise overbooking;

(cid:1) undertake a detailed statistical study to monitor overbooking rates, broken down by airline;

(cid:1) publish a document containing the results of that survey, to be made available to consumers and at

airports;

(cid:1) call for proper compliance with the guidelines laid down in the ‘Passengers Charter’.

3.7.2003

EN

Official Journal of the European Union

C 155 E/199

Answer given by Mrs de Palacio on behalf of the Commission

(30 January 2003)

Airlines overbook flights to fill the seats of passengers who do not show up, which sometimes results in
denied boarding. However, airlines sometimes abuse the practice, at the expense of travellers, about which
the Commission shares the Member’s concerns.

In fact Council Regulation (EEC) No 295/91 of 4 February 1991 (1) already gives passengers the right to
financial compensation, the choice between an alternative flight or a ticket refund and care while awaiting
a later flight, if denied boarding at an airport in the Community. However denied boarding remains too
frequent, affecting around a quarter of a million passengers each year at Community airports.

Consequently, on 21 December 2001 the Commission adopted a proposal for a new Regulation (2), aimed
both dramatically to reduce the frequency of
those
passengers still denied boarding. The proposal would also protect passengers against cancellations for
commercial reasons and create basic rights for those suffering serious delays. Moreover, while the present
Regulation is limited to scheduled flights, the proposal would extend to non-scheduled (charter) flights.

the practice and to increase compensation of

On 24 October 2002 the Parliament approved the proposal at
to certain
amendments. On 5 December 2002 the Council reached a political agreement and should adopt a
Common Position early in 2003.

reading,

subject

first

Air passengers will be further protected when the Community applies the Montreal Convention for the
Unification of Certain Rules for International Carriage by Air (3) on the liability of carriers for death and
injury, delays and mishandling of baggage. While the Community has adopted new legislation and
completed its ratification procedures, application of the convention is delayed by late ratification by certain
Member States.

this is primarily the
Turning to the enforcement of Community legislation on denied boarding,
responsibility of Member States. Nevertheless, the Commission can start infringement procedures under
Article 226 of the EC Treaty if it considers that a Member State is not fulfilling its obligations. The same is
true of the other Community legislation covering air passengers’ rights: on information about flights and
reservations, on compensation in case of accidents (4) and on package holidays (5).

To exercise their rights, passengers need to be aware of them. To give them this information, many
airports have accepted to display posters setting out the rights created by Community law (the charter),
following an initiative by the Commission.

(1) OJ L 36, 8.2.1991.
(2) OJ C 103 E, 30.4.2002.
(3) Decision 2001/539/EC of 5 April 2001 (cid:1) OJ L 194, 18.7.2001.
(4) Council Regulation (EC) No 2027/97 of 9 October 1997 (cid:1) OJ L 285, 17.10.1997, as amended by Regulation (EC)

No 889/2002 of 13 May 2002 (cid:1) OJ L 140, 30.5.2002.

(5) Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (cid:1) OJ L 158,

23.6.1990.

(2003/C 155 E/220)

WRITTEN QUESTION E-3861/02

by Barbara Weiler (PSE) to the Commission

(10 January 2003)

Subject: Introduction of a European Disabled Person’s Pass

It would be sensible to introduce a uniform European Disabled Person’s Pass during the European Year of
the Disabled. This would also be an important step forward from the point of view of mobility.