4 Rights of passengers
| (a)
(26386)
6622/05
COM(05) 47
(b)
(26392)
6624/05
COM(05) 48
|
Draft Regulation concerning the rights of persons with reduced mobility when travelling by air
Draft Regulation on information of air transport passengers on the identity of the operating carrier and on communication of safety information by Member States
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| Legal base | Article 80(2) EC; co-decision; QMV
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| Department | Transport |
| Basis of consideration | (a) Minister's letter of 17 November 2005
(b) SEM of 16 November 2005
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| Previous Committee Report | HC 34-vii (2005-06), para 5 (26 October 2005)
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| To be discussed in Council | 5 December 2005
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| Committee's assessment | Politically important
|
| Committee's decision | (a) Cleared (decision already reported)
(b) Not cleared; further information awaited
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Background
4.1 The Regulation proposed by the Commission in document (a)
is intended to prevent persons with reduced mobility (PRMs)
travelling by air being refused carriage on the grounds
of reduced mobility and to guarantee the provision, free of charge
to the PRM, of the assistance needed by PRMs to have effective
opportunities for air travel. The Regulation proposed in document
(b) would require:
- Member States to publish a list of all air carriers banned
from their airspace or otherwise subject to restrictions on safety
grounds;
- that list to be made available to all other Member
States and to the Commission, which would publish a consolidated
list; and
- passengers to be informed of the carrier which
will operate their flight both when making a reservation and if
the carrier is changed after the reservation has been made.
4.2 When we considered these documents in October
2005 we:
- cleared the first draft Regulation,
but asked the Government to tell us what effect, if any, the Regulation
would have on the ability of the Gibraltar Government to require
similar provisions at Gibraltar Airport, if its applicability
to Gibraltar were suspended pending the outcome of negotiations
between the UK and Spain as to the status of the airport; and
- reminded the Government that the second draft
Regulation was being kept under scrutiny pending receipt of Regulatory
Impact Assessment on it.[8]
The Minister's letter
4.3 In relation to Gibraltar and the draft Regulation
on PRMs, document (a), the Parliamentary Under-Secretary of State,
Department of Transport (Ms Karen Buck) says that the Government's
legal advice is that, notwithstanding any suspension clause in
the proposed Regulation, the Government of Gibraltar has the necessary
autonomy to introduce its own domestic legislation, containing
similar provisions applicable to Gibraltar Airport, should it
choose to do so.
The supplementary Explanatory Memorandum
4.4 The Minister now gives us a report on developments
during discussions of the draft Regulation on safety information,
document (b) and a partial Regulatory Impact Assessment on it.
She says that a first round of negotiation in the Spring of 2005
led to a Council general approach that:
- the requirement on Member States
to publish lists should be replaced by publication of a single
consolidated list by the Commission on the basis of lists of bans
communicated to the Commission by each Member State; and
- the Commission be required to forward information
received from each Member State to all other Member States with
an invitation to submit comments within a month — so as
to provide an opportunity for other Member States to consider
whether to impose similar bans.
A number of minor drafting amendments designed to
clarify the scope and effect of the proposal were also agreed.
4.5 The Minister also tells us that subsequent consideration
of the proposal by the Transport and Tourism Committee of the
European Parliament has suggested that there may be significant
first reading amendments proposed by the European Parliament this
month to provide for a system whereby Community-wide bans would
be established and which would be publicised in a single blacklist.
She says that the Commission and the Council are sympathetic to
such an approach, that she intends to inform us of the outcome
of the European Parliament's first reading as soon as possible
and that the Government, as Presidency, hopes to secure political
agreement on the draft Regulation at the Transport Council of
5 December 2005.
The Government's view
4.6 The Minister tells us the Government fully supports
the objectives of the draft Regulation of doing as much as possible
to make sure that only safe airlines fly into and out of the Community
and of keeping the public better informed. She says that as Presidency
the Government's priority has been to ensure that a workable proposal
is developed that would not have unforeseen consequences for the
ability of Member States and the Commission to achieve these objectives.
4.7 The Minister then details a number of considerations,
saying that the Government has sought to ensure:
- in relation to the European
Parliament suggestion that the draft Regulation put in place a
system whereby only Community-wide bans will be established and
publicised through a single Community-wide list, that such provisions
do not prevent a Member State imposing or maintaining its own
bans in matters of urgency or where safety problems specifically
affect that Member State;
- that the proposal is consistent with the Directive
on the safety of third-country aircraft using Community airports
(the so-called ramp checks Directive), noting that the Commission
will probably have to bring forward proposals to amend the ramp
check Directive;
- that decisions on bans should be taken on the
basis of common criteria that are realistic, workable and transparent;
and
- that requirements placed on airlines and tour
operators to provide consumers with more information about their
prospective flight would be workable and that travel agents would
only be affected if they conclude a contract of carriage with
passengers.
4.8 The Minister tells us that the Government carried
out a consultation on the proposal during the Summer of 2005.
However, during that period the likely main thrust of the proposals
on which interested parties were consulted changed significantly.
Discussions were held in September 2005 to discuss the implications
of these changes but it has not been possible yet to draw up the
Government's response to the consultation — this will be
completed and published as soon as possible. The Minister also
draws attention to the partial Regulatory Impact Assessment, which
was attached to the consultation document, and says that in view
of the changing nature of the proposals consultees have so far
been unable to provide data on potential economic costs, but noting
that a number suggested that impacts on travel agents could be
significant (and that the Government has sought to limit their
obligations accordingly).
Conclusion
4.9 We are grateful to the Minister for the additional
information she provides and note the Government's desire to achieve
a political agreement on the draft Regulation on safety information
in document (b) at the Transport Council in December 2005, particularly
in order to do as much as possible to make sure that only safe
airlines fly into and out of the Community.
4.10 However, we observe that
- the proposal is likely to
change considerably so that, in the words of the partial Regulatory
Impact Assessment, "the main effect would be safety-related
rather than the extension of consumer rights";
- the precise form of changes the European Parliament
might suggest are not yet available to us;
- the Government has not yet been able to respond
to consultees on the proposal; and
- it has not been possible to have data yet
on potential economic costs for the partial Regulatory Impact
Assessment.
In these circumstances we will continue to hold
document (b) under scrutiny until we have sufficient information
to enable us to decide on clearance.
8 See headnote. Back
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