WRITTEN QUESTION E-2202/99 by Luis Berenguer Fuster (PSE) to the Commission. Commission initiatives on the rights of consumers entering into contracts with airlines.
8. 8. 2000 EN Official Journal of the European Communities C 225 E/71 (2000/C 225 E/070) WRITTEN QUESTION E-2202/99 by Luis Berenguer Fuster (PSE) to the Commission (29 November 1999) Subject: Commission initiatives on the rights of consumers entering into contracts with airlines Liberalisation of the air transport sector has had significant benefits for consumers, most importantly a if not implemented properly, deregulation can greater choice of carrier and cheaper prices. However, frequently have other, negative effects as a result of congestion in the skies and inadequate airport infrastructures. Passengers are affected by delays, which result in missed flights and other inconvenience. When such situations arise, the airlines hide behind the small print in the ticket purchase agreement to evade their responsibility. Does the Commission intend to adopt measures to establish the airlinesí responsibility and ensure that passengers receive compensation when airlines do not adhere to their timetables or when their luggage is lost? Answer given by Mrs de Palacio on behalf of the Commission (19 January 2000) The Commission is about to begin a major consultation on air passenger rights in the Community with a view to making a full assessment of the current situation and developing a new strategic approach to this issue in the coming year. A consultation paper will be launched in the near future. It will seek the views of both industry and consumers on delays and baggage, as well as a much wider range of other issues. Action will be taken in the light of the reactions received. One specific action on giving information to passengers has already been agreed for launch in the coming months ü the mandatory publication of punctuality indicators for airlines and airports. There is already some provision in Community law for compensation for delayed passengers who are late arriving at their destination because the airline overbooked the aircraft. Such passengers are entitled to immediate compensation of up to € 300 under Council Regulation EEC No 295/91 of 4 Febraury 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport (1). A proposal (2) to amend the Regulation, improving the level of compensation and extending it to cover passengers who are delayed because an airline cancels their flight, is close to agreement. Extending compensation any further than this would require careful consideration since a large proportion of delays are caused by factors that are genuinely beyond the airlinesí control, notably air traffic delays. the Warsaw Convention of 1929 sets low maximum limits of As far as baggage is concerned, approximately € 17 per kilo on airlinesí liability for any loss or damage during international journeys. The new Montreal Convention of May 1999 raises this limit to approximately € 1 300 per passenger. Compensation in excess of these limits is only possible where the passenger has agreed a higher figure in advance with the airline and paid any extra charges needed to cover additional insurance. The Commission will make proposals for Community ratification and implementation of the new Montreal Convention at the beginning of 2000. (1) OJ L 36, 8. 2. 1991. (2) COM(98) 580 final. (2000/C 225 E/071) WRITTEN QUESTION E-2204/99 by Olivier Dupuis (TDI) to the Commission (29 November 1999) Subject: Agreements in the air transport sector and compliance with competition rules In recent years, the Commission has been involved in analysing and regulating certain agreements between airlines in order to safeguard openness and competition on the markets in question. To this end, in the