Communication from the Commission to the European Parliament and the Council - Strengthening passenger rights within the European Union
Date: 2005-02-16
Institutions: European Commission
Subjects: air transport, carriage of passengers, consumer protection, rail transport, transport law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2005 
COM(2005) 46 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Strengthening passenger rights within the European Union 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

TABLE OF CONTENTS 

INTRODUCTION 

I. REVIEW OF LEGISLATION AND CURRENT PROPOSALS 

1. Air transport 

2. Rail sector 

II. THE DEVELOPMENT OF A POLICY ON PASSENGER RIGHTS 

1. Specific measures in favour of persons with reduced mobility 

2. Automatic and immediate solutions where travel is interrupted 

3. Liability in the event of death or injury of passengers 

4. Treatment of complaints and means of redress 

5. Passenger information 

6. The right to integrated ticketing 

7. Passenger rights in the event of bankruptcy of the air carrier 

8. Evaluation and monitoring 

CONCLUSIONS 

Annexes 

EN 

2 

   EN 

 
INTRODUCTION 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Over the last thirty years, there has been a boom in mobility in Europe. For millions of 
citizens  travel  has  become  a  reality,  indeed  a  right.  Passenger  travel  has  more  than 
doubled since 1970 (from 2.118 billion passenger kilometres in 1970 to 4.993 billion 
passenger kilometres in 2002). In 1970, each of us travelled 17 kilometres every day; 
this figure is now 34 kilometres. This phenomenon is due to a number of factors, but 
above all economic growth, lower travel costs and progress towards a “European area 
without internal frontiers” (Article 2 of the European Union Treaty). The first sectors 
to benefit from this were road (for goods transport) and air (passengers). 

The  air  transport  sector  has  seen  a  number  of  changes:  the  emergence  of  low  cost 
airlines,  the  restructuring  of  other  airlines,  the  opening  up  of  new  routes,  and  the 
availability of information or tickets on the Internet with a general reduction in fares. 
Millions  of  people  have  flown  as  a  result  of  the  setting  up  of  an  internal  aviation 
market. Progress in the railway sector has led to an increase in intra-Community travel 
in particular on routes where interoperability is a reality. The opening up of maritime 
transport markets has led to a wider range of tourist destinations on offer at ever lower 
prices. 

The removal of borders and the growth in travel have not always been accompanied by 
sufficient measures to protect passenger rights. At the same time as their numbers have 
increased, it has to be acknowledged that, sometimes, passengers have been faced with 
difficult situations such as cancellations, overbooking, loss of luggage, delays etc. At 
the  same  time,  passengers  are  subject  to  certain  very  strict  formalities  (controls, 
registration, reservation) and have already paid for their travel arrangements. 

Voluntary  agreements,  such  as  the  2002  undertaking  by  the  major  players  in  the 
sector,  are  very  important.  However,  in  the  absence  of  Community  legislation,  in 
certain difficult circumstances, passengers are confronted with a set of national rules 
which are largely ineffective. Sometimes, they have no effective legal protection and 
are subject to significant obligations in a situation which is not normally very familiar, 
far from home and trying to defend their rights in a foreign language. Moreover, such 
passengers  are  deprived  of  effective  solutions,  since  those  that  do  exist,  such  as 
recourse  to  national  courts,  are  often  lengthy,  uncertain  and  expensive.  However,  a 
passenger  should  enjoy  a  minimum  degree  of  protection  wherever  he  is  in  Europe. 
This is a right the exercise of which must be facilitated by the European Community, 
which is responsible for freedom of movement. 

A  point  of  particular  concern  in  this  connection  is  that  there  are  no  passengers' 
associations  at  European  level  for  any  type  of  transport  which  could  defend  the 
interests of users of all modes of transport and give voice to their expectations. 

The  European  Union  has  focused  its  attention  for  now  on  the  air  transport  sector, 
beginning  with  a  Regulation  on  denied  boarding.  It  has  adopted  other  instruments 
concerning  this  sector,  and  the  Commission  recently  presented  a  proposal  for  a 
Regulation  on  the  protection  of  international  rail  passengers.  Protection  of  users  of 
other  modes  of  transport  has  still  to  be  introduced,  and  this  can  be  effective  only  if 

EN 

3 

   EN 

 
done  at  Community  level,  given  the  size  of  the  sector  and  the  extent  to  which  these 
other modes of transport are used by the European public1. 

(7)  Moreover,  the  Commission  made  the  following  undertaking  in  its  “White  Paper  on 
European  transport  policy  for  2010”2:  “The  next  step  is  to  extend  the  Community’s 
passenger protection measures to other modes of transport, notably rail and maritime 
navigation  and,  as  far  as  possible,  urban  transport  services.  Specific  new  measures 
are needed on users' rights in all modes of transport so that, regardless of the mode of 
transport used, users can both know their rights and enforce them.” 

(8) 

To  do  this,  it  is  important  first  of  all  to  review  the  measures  already  adopted  and 
proposals currently before the Community institutions (Part I) before presenting policy 
initiatives which could be considered (Part II). 

I. REVIEW OF LEGISLATION AND CURRENT PROPOSALS 

(9) 

Community  legislation  on  passenger  protection  is  limited  to  air  transport.  The 
Community  began  to  involve  itself  in  the  protection  of  passenger  rights  by  adopting 
legislation in 1991 on compensation in the event of denied boarding in air transport. It 
then  extended  the  protection  of  air  passengers  with  the  adoption  in  1997  of  a 
Regulation  introducing  a  modern  system  of  air  carrier  liability  in  the  event  of 
accidents,  which  was  amended  in  2002  and  complemented  by  another  on  insurance 
requirements. 

The Commission proposed extending this policy to the railway sector in 2004 with a proposal 
for  a  Regulation  on  the  rights  and  obligations  of  international  rail  travellers.  This  proposal 
covers,  among  other  things,  compensation  and  assistance  where  journeys  are  interrupted, 
liability of railway companies in the event of accidents and the rights of persons with reduced 
mobility. 

1. Air transport 

(10)  The existing regulations protect passengers in the following case: 

Denied boarding, cancellation or long delay of a flight 

(11)  The  reasons  for  adopting  a  Regulation  on  denied  boarding  are  well  known: 
computerised  reservation  systems  enabled  airlines  to  know  exactly  the  number  of 
reservations accepted and tickets actually issued, compared with the limited number of 
seats  on  each  flight,  and  to  follow  a  fares  strategy  based  on  the  number  of  seats 
remaining (yield management). 

(12) 

It has become a common practice of these airlines to sell more tickets than there are 
actual  seats  (practice  known  as  overbooking).  The  airlines  adopted  this  practice 
because  of  the  flexibility  of  certain  air  tickets  that  passengers  can  change  or  even 
cancel for a refund. In order to offset the risk of not managing to sell a seat for which 

1 

2 

In this connection, rail use in Europe 25 can be quantified as totalling 346 billion passenger kilometres per year. In 
2001, statistics available to Eurostat showed a total of 383 million ferry passengers in Europe. The coach and bus 
transport sector is also of considerable importance with a total of 485 billion passenger kilometres on average. 
European transport policy for 2010: time to decide - COM(2001) 370, 12.9.2001. 

EN 

4 

   EN 

 
                                                 
there  is  a  genuine  demand,  the  airlines  assume  that  some  passengers  holding  tickets 
will not show up at the check in. 

(13) 

In  2002,  when  the  Commission  presented  its  new  proposal  for  a  Regulation3  some 
250 000 were denied boarding. The European legislation did not call into question an 
established  commercial  practice  but  the  scale  of  the  problem,  its  Community 
dimension and the undeniable inconvenience caused to thousands of passengers each 
year have made it essential to tighten up the control of this practice in order to protect 
citizens' rights properly. 

(14)  The aim of the new Regulation which will enter into force on 17 February 2005 is to 
make  life  easier  for  passengers  suffering  this  inconvenience  through  a  substantial 
increase  in  the  level  of  compensation.  The  Regulation  requires  airlines  to  grant 
financial compensation4 to passengers in the event of denied boarding, assist them in 
revising  their  travel  plans  by  giving  them  the  choice  between  a  rescheduling  of  the 
ticket or a refund, and pay for their board and lodging. The amount of compensation is 
as follows: 

•  €250 for flights of less than 1 500 km; 

•  €400  for  flights  of  more  than  1 500  km  within  the  EU  and  other  flights  of  between 

1 500 km and 3 500 km; 

•  €600 for flights of more than 3 500 km outside the EU. 

The  main  innovation  of  the  new  Regulation  as  that  it  will  give  similar  rights  to  passengers 
who are the victims of cancellations. 

(15)  The  airlines  have  brought  an  action  which  is  currently  before  the  Court  of  Justice 
(C-344/04  IATA,  European  Low  Fares  Airline  Association  and  Hapag  –  Lloyd 
Express)  against  certain  aspects  of  the  new  Regulation  with  a  view  to  establishing 
possible incompatibility with international law. They continue to show a marked lack 
of enthusiasm regarding the approaching entry into force of the Regulation. 

Passenger protection in the event of accidents 

(16)  One  of  the  major  achievements  of  the  Community  has  been  the  introduction  of  a 
modern liability regime in air transport which is much more favourable to passengers 
than  the  existing  international  convention  (Warsaw  Convention)  and  applies  to  both 
international and domestic flights by community carriers5. The Community’s initiative 
spurred  the  international  community  to  negotiate  a  new  international  agreement,  the 
Montreal Convention signed in 1999, to which the Community is a contracting party. 
The  new  Convention  entered  into  force  for  the  Community  on  28 June 2004,  at  the 
same  time  as  the  new  Community  Regulation  extending  to  community  carriers  the 

3 

4 
5 

OJ  L  140  of  30.5.2002.  Regulation  (EC)  No  261/2004  of  the  European  Parliament  and  of  the  Council  of 
11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied 
boarding and  of  cancellation  or long  delay  of a flight and  repealing  Regulation  (EEC)  No  295/91  -  OJ  L  046  of 
17.2.2004. 
€250, €400 or €600 depending on the distance, compared with €150 or €300 under the old Regulation. 
Council Regulation (EC) No 2027 of 9 October 1997 on air carrier liability in the event of accidents - OJ L 285 of 
17.10.1997. 

EN 

5 

   EN 

 
                                                 
Montreal rules on liability with regard to death, injury, delays and also complaints on 
baggage6. As a consequence, passengers of Community airlines will be well protected 
whatever  their  destination  and  whatever  the  flight  taken,  whether  international  or 
domestic. 

Insurance requirements applicable to air carriers and aircraft operators 

(17)  At  present,  the  international  conventions  on  passenger  liability  (Conventions  of 
Montreal (1999) and Rome (1952)), although requiring carriers to take out insurance 
to cover liability under each convention, either do not provide a well-defined level of 
protection or do not even apply in the Community. 

(18)  Moreover,  Community  rules  on  the  liability  of  carriers  (Council  Regulation  (EC) 
No 2027/97  of  9 October 1997  on  air  carrier  liability  in  the  event  of  accidents,  as 
amended by Regulation (EC) No 889/2002) have not sufficiently clarified the level of 
insurance required. 

(19)  Accordingly,  and  as  a  result  of  the  terrorist  attacks  in  the  United  States  of 
11 September 2001  and  the  lack  of  cover  for  liability  vis-à-vis  both  passengers  and 
third parties caused by trends on the aviation insurance market shortly afterwards, the 
Community  adopted  a  Regulation  in  2004  which  clarifies  minimum  insurance 
requirements  for  air  carriers  and  operators  in  terms  of  liability  with  regard  to 
passengers,  baggage,  mail,  freight  and  third  parties7.  The  main  aspect  of  this 
legislation,  which  will  apply  from  30 April 2005,  is  that  the  minimum  amounts  are 
much  higher  than  those  provided  for  in  the  international  conventions  and  are  in  line 
with  the  insurance  market  practice  both  for  general  risks  and  the  risks  of  war  and 
terrorism. 

Passenger information 

(20)  To  ensure  that  air  passengers  are  better  informed  of  their  rights,  and  seeing  that 
airlines  often  refused  to  do  this,  the  Commission  published  four  years  ago  the  first 
version  of  a  charter  describing  the  rights  that  the  Community  has  granted  to 
passengers. This charter is now displayed in most airports in the European Union. 

(21)  The Community has established useful information rights to help passengers to choose 
their flights or travel packages and to know exactly what they have reserved and what 
they are paying for. The rules on computer reservation systems guarantee factual and 
accurate information for passengers enquiring about a flight or making a reservation8. 
The  Directive  on  package  travel9  guarantees  that  passengers  who  have  purchased  a 
package  holiday  (i.e.  package  including  travel  and  other  services  such  as  hotel 

6 

7 

8 

9 

Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council 
Regulation (EC) No 2027/97 on air carrier liability in the event of accidents - OJ L 140 of 30.5.2002. 
Regulation  (EC)  No 785/2004  of  the  European  Parliament  and  of  the  Council  of  21 April 2004  on  insurance 
requirements for air carriers and aircraft operators - OJ L 138 of 30.4.2004. 
Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerised reservation systems, 
as  amended  by  Regulation (EEC)  No 3089/93  of  29 October 1993  and  Regulation (EC)  No 323/1999  of 
8 February 1999 - OJ L 220 of 29.7.1989; OJ L 37 of 25.1.1995; OJ L 40 of 13.2.1999.  
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours - OJ L 158 
of 23.6.1990. 

EN 

6 

   EN 

 
                                                 
reservation,  excursions,  car  hire,  etc.)  in  the  European  Union  receive  accurate 
information on their trip from the organiser. 

EN 

7 

   EN 

 
2. Rail sector 

(22)  Following  the  air  transport  sector,  the  Commission  has  focused  its  attention  on  the 
railways with initiatives on the protection of passenger rights. International passenger 
rail services have suffered significant losses in market share over the last few decades, 
with the exception of high-speed trains. Several national studies have highlighted poor 
punctuality and a lack of information as causes of this alienation among passengers. 

(23)  The proposal for a Regulation10 presented by the Commission in March 2004 aims to 
establish  minimum  rules  on  information  for  international  passengers,  before  and 
during their journey, the problem of interruptions of journeys, rules to be observed in 
the event  of  delays, treatment of complaints and assistance for persons with reduced 
mobility. On the question of the settlement of disputes, this proposal for a Regulation 
provides for the setting-up of independent bodies. 

(24)  This  proposal  also  establishes  liability  of  railway  undertakings  in  the  event  of 
accidents.  This  scheme  would  go  beyond  the  Convention  concerning  international 
carriage  by  rail  (COTIF).  The  proposal  also  requires  railway  undertakings  to  be 
insured up to a level that is adequate to meet the requirements set out in the proposal. 

(25)  The  Commission  proposal  requires  railway  undertakings  to  define  criteria  for  the 
quality  of  international  services  and  to  introduce  a  quality  management  system11. 
These  elements  could  form  the  basis  for  a  Community  system  of  reports  on  the 
performance of railway undertakings. 

(26) 

It is by improving the protection of rail passengers and at the same time service quality 
that the decline in the market share of passenger rail transport will be reversed, which 
will  enable  the  objective  of  increasing  the  overall  share  occupied  by  rail  to  be 
achieved. The reluctance of the railway sector to offer more rights to passengers on a 
voluntary  basis  shows  that  mere  unilateral  undertakings  would  not  lead  to  an 
improvement  in  the  current  situation.  It  should,  however,  be  pointed  out  that  certain 
companies  (e.g.  Thalys)  have  set  up  compensation  systems.  Nor  would  voluntary 
undertakings  by  companies  resolve  disputes  in  the  event  of  actions  before  national 
courts. 

10 

11 

Proposal for a Regulation of the European Parliament and of the Council on international rail passengers' rights and 
obligations. COM(2004) 143, 3.3.2004. 
Information  on  tickets;  punctuality  of  international  services,  and  general  principles  to  cope  with  disruption  of 
services;  cancellations  of  international  services;  cleanliness  of  rolling  stock  and  station  facilities  (air  quality  in 
carriages,  hygiene  of  sanitary  facilities,  etc.);  customer  satisfaction  survey;  complaints  handling,  refunds  or 
compensation for non-compliance with quality; assistance provided to persons with reduced mobility.  

EN 

8 

   EN 

 
                                                 
II. THE DEVELOPMENT OF A POLICY ON PASSENGER RIGHTS 

(27)  Reviewing  the  measures  already  proposed  or adopted, it is possible to identify those 
rights  that  should  be  strengthened  by  Community  action  regardless  of  the  means  of 
transport used: 

•  specific measures in favour of persons with reduced mobility; 

•  automatic and immediate solutions when travel is interrupted; 

•  liability in the event of death or injury of passengers; 

•  treatment of complaints and means of redress; 

•  passenger information; 

•  other initiatives. 

1. Specific measures in favour of persons with reduced mobility 

(28)  A passenger protection policy must include specific measures to protect persons with 
reduced  mobility.  Effective  access  to  transport  is  often  necessary  for  active 
participation  in  economic  and  social  life  and  its  absence  may  seriously  compromise 
the  integration  of  many  citizens  with  reduced  mobility.  There  are  some  45 million 
citizens  with  reduced  mobility,  or  around  10%  of  the  European  population12.  This 
figure  includes  not  only  disabled  persons  but  also  those  who  would  be  incapable  of 
travelling without assistance, because of their age, reduced mental capacity or illness. 
The ageing of the population will inevitably increase the number of such persons and 
their needs will become ever greater. 

(29)  People  with  reduced  mobility  should  be  able  to  count  on  fair  treatment  –  the 
Commission has received many complaints in this connection. These people should be 
guaranteed  appropriate  assistance,  wherever  they  go  and  whatever  the  form  of 
transport used, so that they can travel with confidence throughout the European Union. 
They should never be refused travel or a reservation because of their reduced mobility. 
Moreover,  they  should  receive,  free  of  charge,  the  assistance  that  they  need,  both  in 
airports, stations and ports and on board the means of transport itself. 

(30)  As  we  stated  above,  the  proposal  for  a  Regulation  on  the  rights  of  passengers  using 
international  rail  services  contains  specific  provisions  to  make  such  services  more 
accessible  to  persons  with  reduced  mobility.  These  provisions  establish  the  rights  of 
persons with reduced mobility to have access to such services; the railway undertaking 
or tour operator cannot refuse them access. They also impose obligations in relation to 
assistance  in  stations  to  facilitate  access  to  trains  and  connections.  Moreover,  as 
regards  pre-travel  information,  the  Regulation  requires  railway  undertakings  to 
provide  comprehensive  information  on  the  accessibility  conditions  for  people  with 
reduced  mobility  throughout  the  journey.  Finally,  the  performances  of  the  railway 

12 

Towards a barrier-free Europe for people with disabilities. COM(2000) 284, 12.5.2000. 

EN 

9 

   EN 

 
                                                 
undertakings  in  this  area  form  part  of  the  seven  criteria  for  assessing  service  quality 
for which a quality management system has to be introduced. 

(31)  As regards air transport, the Commission has been made aware of many cases where 
disabled people, including children, have not benefited from the services and attention 
to which they are entitled. Consulting the parties concerned revealed broad support for 
Community legislation13. The attached proposal for a Regulation is intended first of all 
to  guarantee  fair  treatment  by  preventing  carriers  or  tour  organisers  from  refusing 
access to transport because of reduced mobility (except where there are well-founded 
security  reasons).  The  proposal  then  calls  on  airport  managers  to  provide,  free  of 
charge,  assistance  in  airports  and  requires  carriers  to  provide,  also  free  of  charge, 
assistance  on  board  aircraft.  The  Regulation  would  apply  to  departures,  arrivals  and 
transit flights at airports situated in the Member States. 

The  Commission  is  enclosing  a  proposal  for  a  Regulation  on  the  rights  of  persons  with 
reduced mobility in air transport. It intends to examine how to guarantee the rights of persons 
with reduced mobility when they use maritime transport and international coach services. 

2. Automatic and immediate solutions where travel is interrupted 

(32)  Where a service is interrupted because of delay, cancellation or denied boarding, the 
passengers should be entitled to automatic solutions to overcome the difficulties they 
encounter  whatever  the  method  of  transport.  They  can  always  bring  judicial 
proceedings against carriers, but  given the cost and length of such proceedings, they 
will only very rarely be successful. In all these cases, action brought months after the 
event  took  place  is  no  remedy  for  the  immediate  difficulties  encountered.  It  cannot 
guarantee  passengers  either  alternative  transport  in  the  event  of  cancellation  or 
accommodation when the delay incurred means that passengers have to wait until the 
following day to continue their journey. 

(33) 

In  such  a  situation,  following  for  example  denied  boarding  or  cancellation,  adequate 
protection on the lines of what is already approved in air transport and what has been 
proposed  in  the  railway  sector  could  for  example  take  the  form  of  financial 
compensation. Not only will passengers benefit directly from such solutions but these 
will also help to  improve the  quality  of  the  service by discouraging denied  boarding 
and cancellation without notification. 

(34)  Certain  shipping  companies  are  already  considering  offering  such  solutions  on  a 
voluntary  basis,  but  they  should  be  available  in  the  same  way  throughout  the 
Community. Where travel is interrupted,  users  of international bus or coach services 
should also receive protection which is equivalent to that granted to other passengers 
wherever possible. 

In the light of the results of the solutions offered by the shipping companies, the Commission 
will study how to guarantee compensation and assistance in the event of interrupted travel in 
maritime transport and in international coach transport. 

13 

“Contract between airlines and passengers” Consultation paper from Directorate-General for Transport and Energy, 
21.6.2002. The Consultation paper, responses and detailed summary of reactions is available on the Internet: 
http://europa.eu.int/comm/transport/air/rights/consult_contract_en.htm.  

EN 

10 

   EN 

 
                                                 
3. Liability in the event of death or injury of passengers 

(35)  Whatever  the  mode  of  transport,  Community  legislation  should  ensure  a  minimum 
degree of high-level cover in the event of death or injury as a result of an accident and 
cover passengers for both domestic and international travel while taking account of the 
obligations  incumbent  upon  the  Community  through  its  accession  to  international 
conventions. 

(36) 

It  is  also  important  to  ensure  that  carriers  have  the  financial  means  to  cover  their 
liabilities.  Taking  out  insurance  is  therefore  a  necessity.  Although  as  a  general  rule 
they are insured against the risk of physical damage to passengers and third parties, the 
requirements  vary  considerably  at  national  level.  With  the  exception  of  the  aviation 
sector,  there  is  no  guarantee  of  a  sufficient  and  uniform  level  of  insurance  in  all 
circumstances. 

(37)  As regards maritime transport, the 1974 Athens Convention on the carriage by sea of 
passengers and their luggage was amended two years ago, when the parties concluded 
a new protocol on liability. According to the Commission, the 2002 Athens Protocol 
could  serve  as  a  basis  for  new  Community  rules.  The  Commission  has  already 
proposed  that  the  Community  and  the  Member  States  should  become  contracting 
parties to the Protocol as soon as possible14. However, the provisions of the Protocol 
would not apply to purely national services. It would be necessary therefore to extend 
them to all Community maritime transport services. 

The  Commission  will  examine  the  possibilities  of  creating  a  homogeneous  liability  and 
insurance scheme in the event of death or injury of passengers travelling by sea, regardless of 
where the ship is registered. 

(38)  Coach travellers are  not  protected more effectively by an international  agreement on 
liability.  Where  compensation  is  claimed  in  the  event  of  death  or  injury15,  they  are 
often  faced  with  different  national  rules  and  do  not  know  before  which  court  they 
should  bring  their  action.  There  is  also  the  question  of  whether  operators  have 
sufficient insurance cover to meet any actions which may be brought against them. 

The  Commission  will  examine  how  to  guarantee  an  adequate  level  of  cover  and  a  uniform 
approach to liability in international coach transport. 

4. Treatment of complaints and means of redress 

(39)  Once  passengers  have  been  made  aware  of  their  rights,  the  exercise  of  such  rights 
should be as simple as possible. It is for Member States to introduce means of redress. 
The  Community,  for  its  part,  can  assure  that  the  Member  States  provide  for 
appropriate penalties and clearly define liability for the purposes of implementation of 
the legislation and the treatment of complaints so that passengers know to whom they 
should turn.  The designation of  such bodies by the Member States,  which  is  already 

14 

15 

Proposal for a Council Decision on the conclusion by the European Community of the 2002 Protocol to the 1974 
Athens Convention.  
According to information available through Eurostat, there are some 100 fatalities on average each year in Europe 
as a result of accidents involving coaches engaged in international travel.  

EN 

11 

   EN 

 
                                                 
provided  for  in  the  aviation  and  railway  sectors,  will  help  citizens  to  enforce  their 
rights. 

(40)  As already underlined, most of the time the judicial proceedings are complex or very 
lengthy. Hence the usefulness of extra-judicial mechanisms for solving disputes which 
offer significant advantages: speed, transparency, reasonable cost and flexibility. The 
Commission has worked to promote the use of extra-judicial mechanisms for settling 
disputes. It has adopted two recommendations on  the principles applicable16 in these 
cases and has established a European network of national bodies aimed at facilitating 
access  to  non-judicial  procedures  for  the  resolution  of  cross-border  disputes17. 
Moreover, as  regards such disputes, consumers will soon benefit from the merger of 
the  European  Extra-Judicial  Network  (EEJ-Net)  and  the  Network  of  European 
Consumer  Centres  (also  known  as  “Euroguichets”  (consumer  information  offices)). 
The new bodies will provide EU consumers with a “one-stop-shop” which will offer a 
complete service ranging from general information to dispute resolution. 

5. Passenger information 

5.1 

Identity of carrier 

(41)  The first right for a passenger is to know, when he buys his ticket, which operator will 
actually  transport  him.  The  lack  of  specific  information  on  the  identity  of  the  air 
carrier involved prevents passengers from making an informed choice as to the airline 
with which they are going to fly. Passengers should not only know the identity of the 
carrier  who  will  operate  the  flight  but  also  be  certain  that  information  which  could 
affect  the  safety  of  the  carrier  and  which  could  therefore  concern  them  is  indeed 
communicated  rapidly  and  effectively  between  States  so  that  they  can  take  the 
the  event  of 
necessary  protective  measures,  possibly 
shortcomings. These problems were highlighted by the tragic Flash Airlines accident 
on 3 January 2004. The attached proposal for a Regulation aims among other things to 
ensure: 

including  banning, 

in 

–  that  the  passenger  is  informed  when  concluding  the  contract  of  carriage  of  the 
identity  of  the  airline  which  will  operate  the  flight,  but  also  that  he  is  kept 
informed before departure of any change of carrier; 

–  there is greater transparency of information on the safety of carriers and adequate 
dissemination  of  such  information:  Member  States  are  required  to  publish  and 
exchange the information in their possession concerning the safety standards of air 
carriers using airports in their territory. 

The  Commission  is  presenting  the  attached  proposal  for  a  Regulation  on  information  for 
passengers regarding the identity of the air carrier and the communication of information on 
safety by the Member States. The Commission will also examine to what extent such provision 
of information gives an adequate level of protection to passengers. 

16 

17 

EN 

Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible 
for  out-of-court  settlement  of  consumer  disputes  -  OJ  L 115  of 17.4.1998.  Commission  Recommendation 
2001/310/EC  of  4 April 2001  on  the  principles  for  out-of-court  bodies  involved  in  the  consensual  resolution  of 
consumer disputes - OJ L 109 of 19.4.2001. 

See http://europa.eu.int/comm/consumers/redress/index_en.htm. 

12 

   EN 

 
 
                                                 
5.2 

Right to comparative information 

(42)  A  system  for  providing  information  on  the  quality  of  the  services  provided  by  the 
various carriers could be based on a number of relevant indicators. The results of these 
comparisons should be published and circulated widely. This practice will encourage 
improvements  in  carriers’  performances  given  that  passengers  will  be  able  to  make 
their choice in full knowledge of the facts. 

(43)  The  Commission  has  already  developed  a  system  of  indicators  which  will  give  air 
passengers access to key information on the quality of service, so that they can easily 
and immediately compare the performance of carriers. The proposed indicators cover 
delays, denied boarding, cancellations and poor baggage handling (see in Annex 2 an 
example  of  the  information  to  be  provided).  The  Commission  has  launched  a  pilot 
project  under  which  airlines  provide  information  on  a  voluntary  basis  but  the 
participation rate is disappointing. 

The Commission will work more closely with the aviation industry to improve the pilot system 
and  increase  the  participation  rate.  If  difficulties  persist,  it  will  study  whether  to  present 
legislation imposing a general requirement on airlines to provide the information necessary 
for the publication of reports allowing the quality of their service to be compared. 

5.3 

The right to know one’s rights 

(44)  The  establishment  of  new  rights  for  the  benefit  of  passengers  will  be  useful  only  if 
passengers are correctly informed of those rights so that they can use them. If they are 
not  aware  of  them,  they  are  not  in  a  position  to  exercise  them.  It  is  of  the  utmost 
importance that passengers’ awareness of their rights be improved. The posting up of 
these  rights  in  the  premises  of  service  providers  and  travel  agents  and  in  railway 
stations and airports will increase awareness. 

(45)  The Commission will pursue its information campaign to publicise the rights created 
by  Community  legislation.  It  has  updated  the  charter  of  air  passengers’  rights  to 
include  the  new  Community  legislation  on  denied  boarding,  cancellation  and  long 
delays of flights and on the liability of air carriers (see Annex 1). 

(46)  Following the same approach, the Commission will publish a charter of the rights and 
obligations  of  rail  transport  users  as  soon  as  the  relevant  Regulation  is  adopted  at 
Community  level.  This  charter  will  be  posted  up  in  the  main  stations  and  railway 
ticket offices in the European Union. 

The  Commission  will  publish  a  charter  setting  out  the  rights  and  obligations  of  rail 
passengers after the adoption of the Regulation establishing them. 

5.4 

The right to transparency in real time 

(47)  A final aspect is the availability of adequate information in real time on interruptions 
to services (delays, cancellations, changes to timetables, etc.). Where the journey does 
not  proceed  as  planned,  passengers  are  frequently  left  without  information,  although 
cancellations and delays are more readily accepted if complete information is promptly 
available.  However,  the  reality  in  airports,  stations  and  ports  is  that  passengers  are 
often  kept  in  the  dark,  without  explanation  as  to  the  reasons  for  the  disruption  and 

EN 

13 

   EN 

 
 
without  knowing  when  the  service  might  return  to  normal.  Providing  clear  and 
complete information to passengers in real time before and during the journey should 
become the norm. There should be a central point in all the major airports, stations and 
ports to immediately collect information on disruption of services and communicate it 
to passengers. 

Nevertheless, in accordance with the principle of subsidiarity, the Commission considers that 
it is not appropriate to introduce mandatory regulations in this area. It is for the competent 
authorities and operators to provide passengers with adequate information in real time. 

6. The right to integrated ticketing 

(48) 

It should be a simple matter for passengers to combine several modes of transport in 
one journey, but the traditional method of organising transport by sectors constitutes a 
barrier to intermodality. The traveller is too often dissuaded from combining different 
means  of  transport  for  the  same  journey  and  encounters  difficulties  for  example  in 
obtaining  information  and  ordering  tickets  where  the  journey  involves  different 
modes. However, the first examples of integrated ticketing already exist in Germany 
and Switzerland; similarly, passengers using the combined Thalys-Air France service 
purchase their ticket in a single transaction. As already emphasized in the White Paper 
on  European  transport  policy  for  2010:  “To  facilitate  transfers  from  one  network  or 
mode  to  another,  encouragement  needs  to  be  given  to  the  introduction  of  ticketing 
systems  which  are  integrated”.  A  recent  expert  report18  identified  the  technical 
feasibility  of  going  further  than  is  the  case  at  present  and  greatly  extending  the 
possibilities of combined and integrated ticketing. 

The  Commission  will  meet  representatives  of  airlines  and  railway  companies  in  order  to 
obtain a voluntary undertaking on their part to set up integrated ticketing system. 

7. Passenger rights in the event of bankruptcy of the air carrier 

(49)  Passengers are likely to lose more if an air carrier goes bankrupt than another company 
because they may have paid a considerable sum of money in advance and may be left 
to  their  own  devices  far  from  home.  The  passenger  may  then  have  to  pay  a  return 
ticket, probably at a higher rate than that paid originally. 

(50)  Passengers purchasing a package tour are already protected by Directive 90/314/EEC 
on package travel19, which requires the organiser to provide evidence of security for 
the  refund  of  money  paid  over  and  for  repatriation  in  the  event  of  insolvency.  The 
Commission  has  launched  a  study  on  the  protection  of  other  air  passengers  against 
insolvency of the carrier, the results of which are expected in mid-2005. This will first 
of  all  show  the  extent  to  which  passengers  are  affected  by  bankruptcies  and  then 
compare the various means of protection. 

Following  this  study,  the  Commission  will  examine,  with  the  industry,  the  possibilities  of 
strengthening the rights of passengers in the event of bankruptcy of airlines. 

18 

19 

EN 

See http://europa.eu.int/comm/transport/intermodality/raiff/index_en.htm. 

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours - OJ L 158, 
23.6.1990, p. 59. 

14 

   EN 

 
                                                 
8. Evaluation and monitoring 

(51)  Community  policy  on  passenger  protection  should  be  based  on  a  dynamic  view  of 
developments.  In  order  to  determine  whether  additional  initiatives  will  be  necessary 
beyond  those  set  out  in  this  Communication,  the  Commission  will  launch  a  study 
covering the various modes of transport on trends in passenger requirements, quality 
of  services  and  treatment  of  passengers.  It  is  also  necessary  to  verify  the  results  of 
voluntary  undertakings  in  the  air  and  rail  transport  sectors  in  order  to  improve 
passenger  services.  The  Commission  will  encourage  airlines,  airports  and  railway 
companies  to  carry  out  an  analysis  of  the  situation  concerning  voluntary  agreements 
and make reports on compliance. 

The Commission will launch a study on trends regarding passenger requirements, the quality 
of services and treatment of passengers and will ask airlines, airports and railway companies 
to  present  an  analysis  of  compliance  with  their  voluntary  undertakings  concerning  service 
quality. 

CONCLUSIONS 

(52)  The Commission invites the European Parliament and the Council to adopt as soon as 
possible the proposal for a Regulation of March 2004 on the rights and obligations of 
rail  travellers  and  to  examine  with  a  view  to  adoption  the  two  proposals  for 
Regulations attached to this Communication concerning, firstly, the rights of persons 
with reduced mobility in air transport and, secondly, the need to inform passengers of 
the identity of the air carrier. 

In accordance with its undertaking in the White Paper, the Commission will examine in 2005, 
following  an  impact  assessment,  the  best  way  of  improving  and  guaranteeing  the  rights  of 
passengers using other modes of transport. 

EN 

15 

   EN 

 
ANNEX 1 

EN 

16 

   EN 

 
 
Punctuality 

ANNEX 2 

EN 

17 

   EN 

 
Denied boarding 

EN 

18 

   EN