WRITTEN QUESTION No. 3486/97 by Richard HOWITT to the Council. The Warsaw Convention and an Essex resident held hostage in Kuwait - claim against British Airways
25. 5. 98 EN Official Journal of the European Communities C 158/127 Does the Commission agree that complainants such as Mr Hammett could only benefit if such legislation were passed? Joint answer to Written Questions E-3485/97 and E-3487/97 given by Mr Kinnock on behalf of the Commission (11 December 1997) The unfortunate and new distressing experience of the passengers on board British Airways flight 149, which landed in Kuwait after the Iraqi invasion, does not appear to amount to an infringement of Community law. Since there is no relevant Community legislation, an investigation by the Commission would not be justifiable. For the same reason, the rights of the passengers depends upon the application of relevant national laws and the Warsaw Convention. The Commission is, however, looking into the possibility of making further progress in air transport consumer policy. A comprehensive study assessing the conditions included in air transport contracts has been completed and recently submitted to the Commission. The Commission is now consulting all interested parties on the results of this study. (98/C 158/166) WRITTEN QUESTION E-3486/97 by Richard Howitt (PSE) to the Council (3 November 1997) Subject: The Warsaw Convention and an Essex resident held hostage in Kuwait › claim against British Airways Given the long-standing complaint from Essex resident Mr Edward Hammett and 367 passengers of British Airways flight 149, that the airline recklessly and intentionally landed in Kuwait after the Iraqi invasion in the Gulf War, does the Council agree that the draft regulation concerning compensation to passengers in cases of air accidents sets a precedent in favour of a European Union competence in relation to the Warsaw Convention? Will the Council therefore commit itself to supporting a new regulation which would enable the European Commission to investigate the potential liability of air carriers in relation to complaints other than those arising from accidents, whether or not particular aspects of the Warsaw Convention apply? Does the Council agree that complainants such as Mr Hammett could only benefit if such legislation were passed? Answer (12 February 1998) The Council would remind the Honourable Member that the subject dealt with in the draft regulation concerning compensation to passengers in case of air accidents to which he refers is in fact covered by Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 285, 17. 10. 1997, p. 1). The Regulation will enter into force one year after its publication in the Official Journal of the European Communities. The Council has not so far received any proposals to amend that Regulation and therefore clearly cannot prejudge its position regarding the content of any such amendments that may be made