WRITTEN QUESTION No. 2163/98 by Ian WHITE to the Commission. Compensation for missing luggage
C 207/4 Official Journal of the European Communities EN 21. 7. 1999 The new common organisation of the market in fruit and vegetables introduced by Regulation (EC) 2200/96 (1) provides for Community financing for producer organisations which implement operational programmes intended to improve the production and marketing of fruit and vegetables as well as respect for the environment. These operational programmes, approved by the national authorities, can comprise specific measures to protect carob trees. Moreover, Commission Regulation (EEC) 2159/89 of 18 July 1989 laying down detailed rules for applying the specific measures for nuts and locust beans as provided for in Title IIa of Council Regulation (EEC) 1035/72 (2) provides for per-hectare aid of from ECU 200 to 475 a year under plans introduced between 1989 and 1996 for a maximum 10-year duration, aimed at improving the quality and marketing of carobs, almonds, hazelnuts, walnuts and pistachios. The plans approved are managed by recognised producer organisations and include measures intended to improve the production of these products, and in particular plant health measures. In addition, in the context of the implementation of Regulation (EEC) 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (3), the Commission approved by its decision of 10 October 1994 the agri- environmental programme for Sicily. The measure in the programme entitled ‘maintenance of extensive production’ provides for a per-hectare premium of ECU 400 for farmers who commit themselves for five years to maintaining traditional methods of carob-growing. These measures constitute, in the opinion of the Commission, a framework for action making it possible to avoid the disappearance of the carob tree. (1) OJ L 297, 21. 11. 1996. (2) OJ L 207, 19. 7. 1989. (3) OJ L 215, 30. 7. 1992. (1999/C 207/005) WRITTEN QUESTION E-2163/98 by Ian White (PSE) to the Commission (13 July 1998) Subject: Compensation for missing luggage The 1929 Warsaw Convention appears to assist airlines to avoid their responsibilities for compensation to passengers for missing luggage. This seems to have been exacerbated in the United Kingdom by the Carriage by Air Road Act 1979 limiting liability to seventeen Special Drawing Rights per kilo for claims settled after 1 December 1997 so that the pay out on estimated kilo weight covers little more than the cost of a lost suitcase, leaving the airline passenger with totally inadequate redress against the airline in question. Does the Commission have any plans to address this question? Answer given by Mr Kinnock on behalf of the Commission (30 September 1998) The Commission agrees that the current system of baggage and freight liability is outdated and extremely complex. Several attempts to update the 1929 Warsaw Convention have been frustrated, mainly because the number of signatories necessary to ratify the so-called Montreal protocol No 4 has always been insufficient. A new draft convention for the unification of certain rules for international carriage by air is currently being prepared within the International Civil Aviation Organisation (ICAO). Luggage and freight are included in this work, and the Commission is of the opinion that the Community should await the results of this work before assessing the need for further Community legislation on this matter