WRITTEN QUESTION E-3861/02 by Barbara Weiler (PSE) to the Commission. Introduction of a European Disabled Person's Pass.
Date: 2003-01-10
Institutions: European Parliament, Provisional data
Subjects: European passport, disabled person, social policy

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.

C 155 E/200

Official Journal of the European Union

EN

3.7.2003

A European initiative should be possible on the basis of Article 13 of the EC Treaty (prohibition of
discrimination). Does the Commission intend to submit a proposal along these lines? If so, when will it do
so?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(10 February 2003)

The question raised by the Honourable Member does not concern an issue pertaining to discrimination on
grounds of disability. The Commission is therefore of the opinion that Article 13 cannot be used to
legislate on the matter raised in the written question. Moreover, the Council has made clear its view that
the rules for assigning cards to persons with disabilities are the responsibility of the Member States (1).
Consequently, the Commission does not intend to make a proposal on this matter.

(1) Council Recommendation (98/376/EC) of 4 June 1998 (cid:1) OJ L 167, 12.6.1998.

(2003/C 155 E/221)

WRITTEN QUESTION E-3880/02

by Jorge Hernández Mollar (PPE-DE) to the Commission

(10 January 2003)

Subject: Community programme for establishing geriatric homes on the Costa del Sol (Spain)

The climate and environmental attractions of Spain’s Costa del Sol have long been a magnet for senior
citizens of the EU Member States, and this has brought about an avalanche of schemes for establishing
geriatric homes in that tourism-oriented area of the Community.

Both the Community authorities and the experts have recommended creating a Community programme to
ensure the ordered development of such geriatric homes on the Costa del Sol, in order to benefit the
largest possible number of persons choosing to spend their last years in the warm climate of that zone.

Does the Commission believe it is desirable to promote a Community programme for establishing geriatric
homes on the Spanish Costa del Sol, as a means of furthering their ordered development in a coordinated
fashion, starting with the funding of diverse studies aimed at ensuring the success of such a Community
programme, which would most certainly benefit numerous citizens of the Member States who are now
entering old age?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 February 2003)

Geriatic homes and long-term care provision form part of social protection systems for which Member
States bear the responsibility. The Commission has no plans to promote a Community programme for
establishing geriatric homes in any part of the Union.

(2003/C 155 E/222)

WRITTEN QUESTION E-3893/02

by Erik Meijer (GUE/NGL) to the Commission

(14 January 2003)

Subject: Active efforts to ensure public access to information about the positions adopted by the EU in the

TABD and the consequences of this dialogue for EU policy

1.
Has the Commission noticed that the public have become far more interested in the development of
the world market and trade agreements in recent years, and that this particularly applies in the case of