RIGHTS OF AIR PASSENGERS
(21414)
9826/00
COM(00) 365
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Commission Communication on the protection of air passengers in the European Union.
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| Legal base: |
— |
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| Document originated:
| 21 June 2000 |
| Forwarded to the Council:
| 22 June 2000 |
| Deposited in Parliament:
| 11 July 2000 |
| Department: |
Environment, Transport and the Regions
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| Basis of consideration:
| EM of 19 July 2000 |
| Previous Committee Report:
| None |
| To be discussed in Council:
| No date known |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Cleared |
Background
20.1 The single market for aviation was
completed in 1997. Any Community carrier is entitled to offer
services in any Member State. Competition has increased on many
routes and the volume of passengers continues to grow. The Community
has already adopted some legislation to protect the interests
of air passengers, covering compensation for denied-boarding,
liability in case of accidents, computer reservation systems and
package tours. Proposals are currently under consideration to
strengthen some of this legislation, for example, on denied-boarding
compensation[41],
and to bring Community law into line with the 1999 Montreal Convention
on the liability of air carriers in the event of accidents[42].
20.2 Earlier this year, the Commission issued
a consultative document[43]
on improving rights for air passengers.
The document
20.3 In the light of responses to its consultation
document, the Commission has published a Communication outlining
a series of legislative and non-legislative proposals for strengthening
passengers' rights in a number of areas. In his Explanatory Memorandum
of 19 July 2000, the Minister for Transport at the Department
of Environment, Transport and the Regions (the Rt. Hon. Lord Macdonald
of Tradeston) says that:
"The Commission Communication envisages both
legislative and non-legislative proposals. Subject to developments,
the Commission may eventually propose legislation in order to:
"— enable delayed passengers to receive
reimbursement or to continue their journeys on an alternative
flight;
"— set minimum requirements for contracts
in air travel; and
"— require airlines to supply data
necessary for regular consumer reports.
"Non-legislative initiatives are likely to focus
on:
"— improving service quality;
"— ensuring adequate care is available
for delayed passengers;
"— setting up simple procedures for
lodging complaints and settling disputes out of court; and
"— promoting voluntary design and
quality standards for airports."
20.4 The Commission will propose the non-legislative
initiatives in 2000 and 2001 and may propose legislation, after
consultation, in 2001.
20.5 In addition, this year the Commission
will discuss with Member States and passenger organisations how
best to strengthen passenger representation; and review sales
over the Internet, including their conformity with Competition
rules and the Code of Conduct for computerised reservation systems.
In 2001 the Commission will study the effects of code-sharing,
and whether to continue to allow passenger tariff co-ordination
to assist in interlining; and assess the impact of cabin conditions
on passengers' health.
The Government's view
20.6 The Minister says:
"Policy on individual legislative proposals
will be set out in an Explanatory Memorandum if and when proposals
are submitted. But the Government can generally support the strategy
as described in the Communication. The Government believes the
Communication strikes a fair balance between the interests of
the airlines and the interests of their passengers, and welcomes
the Commission's declared intention to bring aviation into line
with standards of consumer service now expected in other sectors
whilst avoiding over-regulation or the restriction of competition.
Other things being equal, the Government would prefer non-legislative
action, but is aware that the industry has sometimes been cautious
in its response to such initiatives in the past".
Conclusion
20.7 Air passengers in Europe have benefited
considerably from completion of the single market. Competition
has brought lower real prices and more choice, leading to increasing
demand. But these benefits have not been accompanied by the strengthening
of consumer rights, and the individual is not well placed to understand,
let alone contest, how the increasingly complex arrangements affect
him or her when things go wrong. Further action at a Community
level to strengthen consumer rights looks appropriate in principle;
however, there clearly is a risk — recognised in the Commission's
document and by the Government — that over-regulation could
increase costs and hamper co-operation between airlines, to the
detriment of consumers. So care will be needed to get the balance
right between legislative and non-legislative action — for
example, voluntary codes — and between clarifying existing
rights through better information for consumers, and extending
those rights. We shall consider and report on individual proposals
as they come forward. Meanwhile, we clear this document.
41 (19487) 12284/98; see HC 155-xl (1997-98), paragraph
8 (11 November 1998). Back
42 (21361)
9347/00; see HC 23-xxv (1999-2000), paragraph 14 (19 July 2000). Back
43 Air
passenger rights in the European Union. A consultative document
on consumer protection in air transport. Back
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