2 Civil aviation: passenger protection
| Committee's assessment
| Politically important |
| Committee's decision | Not cleared from scrutiny; further information awaited
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| Document details | Draft Regulation concerning denied boarding, cancellation or long delay of flights and baggage problems
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| Legal base | Article 100(2) TFEU; co-decision; QMV
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| Department | Transport
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Summary and Committee's conclusions
2.1 With this draft Regulation the Commission proposes a range
of changes to airline passenger protection legislation to reinforce
enforcement policies and procedures, improve passenger rights
and re-address the financial obligations, in some circumstances,
imposed on airlines.
2.2 We have heard previously about a range of issues
with the proposal which need to be addressed, including the question
of its applicability to Gibraltar Airport. We learn now that the
outgoing Greek Presidency failed to achieve any form of agreement
on the proposal and that it has not been identified as a priority
by the incoming Italian Presidency.
2.3 We will keep this document under scrutiny
pending any report of further developments, when we would expect
also to have previously promised information about the Government's
cost benefit analyses of the draft Regulation.
Full details of
the document: Draft
Regulation amending Regulation (EC) No. 261/2004 establishing
common rules on compensation and assistance to passengers in the
event of denied boarding and of cancellation or long delay of
flights and Regulation (EC) No. 2027/97 on air carrier liability
in respect of the carriage of passengers and their baggage by
air: (34777), 7615/13 + ADDs 1-2, COM(13) 130.
Background
2.4 Regulation (EC) No. 261/2004 lays down common
rules on compensation and assistance to air passengers in the
event of denied boarding and of cancellation or delay of flights.
It is enforced in the UK by the Civil Aviation Authority (CAA)
as the competent National Enforcement Body (NEB). Regulation (EC)
No. 2027/97 deals with air carrier liability in the event of claims
for compensation in the event of death or injury to passengers
and the liability limits for delay and mishandled baggage. The
Regulation translates parts of the Montreal Convention into EU
law.
2.5 With this draft Regulation, to amend Regulation
(EC) No. 261/2004 and Regulation (EC) No. 2027/97, the Commission
proposes a range of changes to reinforce enforcement policies
and procedures, improve passenger rights and re-address the financial
obligations, in some circumstances, imposed on airlines.
2.6 When we first considered this proposal, in April
2013, we heard that, whilst the Government welcomed some aspects
of the proposal as they related to airline costs, it was carefully
considering the range of other passenger focussed proposals, recognising
that these might provide benefits and protection to the consumer,
but might also lead to increased costs for UK airlines. We heard
subsequently about efforts, in accordance with the 2006 Cordoba
Agreement, to remove a clause suspending application of the legislation
to Gibraltar's Airport, (in the legislation to be amended by this
proposal, as was normal practice when it was adopted).
2.7 When we last considered the draft Regulation
we heard that:
· the
European Parliament had in February adopted a wide range of amendments
to the proposal, not all of which would be acceptable to the Government;
· the
Presidency was expected to push hard for a political agreement,
or possibly a partial form of political agreement, at the Transport
Council on 5 June;
· however,
it was not yet clear whether this was achievable as a number of
outstanding issues remained; and
· the
Gibraltar Airport issue was also still unresolved.
2.8 We looked forward to the further information
promised us, including about the Government's cost benefit analyses.
Meanwhile the document remained under scrutiny. However, we also
observed that we would expect the Government to vote against any
Council text that did not properly resolve the Gibraltar issue.
The Minister's letter of 26 June 2014
2.9 The Parliamentary Under-Secretary of State, Department
for Transport (Mr Robert Goodwill), now tells us that:
· despite
the intense work undertaken in Council working group negotiations,
it was clear that further work and time would be needed to find
compromises on a number of significant outstanding issues, specifically
the trigger points for when delay compensation is due and connecting
flights;
· the
issue over Gibraltar's suspension from the Regulation has also
not been resolved;
· as a
result, the Greek Presidency decided not to seek any form of agreement
at the Transport Council on 5 June and instead submitted a progress
report; and
· this
dossier has not been identified as a priority by the incoming
Italian Presidency.
Previous Committee Reports
Thirty-ninth Report HC 86-xxxviii (2012-13), chapter
5 (17 April 2013); Thirteenth Report HC 83-xiii (2013-14), chapter
9 (4 September 2013) and Forty-eighth Report HC 83-xliii (2013-14),
chapter 4 (7 May 2014).
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