Brussels, 16/12/2009 (Agence Europe) - The EU transport ministers will have a lot on their plate at the Transport Council in Brussels on Thursday 17 December 2009, chaired by Swedish communications minister Asa Torstensson. Along with trying to agree in principle on the draft Regulation on bus and coach passenger rights (see EUROPE 10041), the ministers will attempt to agree on policy for the draft directive on formalities to be met by ships docking at, or departing from, EU ports, and the draft regulation setting up the GNSS (global satellite navigation system) of the EU's satellite navigation programme, Galileo.
The Council will take note of progress on the Directive on smart transport systems and adopt a conclusions document approving the European Commission's report on the future of sustainable transport. On aviation, the ministers are expected to allow the Commission to start negotiating with the International Civil Aviation Organisation (ICAO) with a view to working more closely with it. The ministers will note progress on the draft Directive on air safety charges and be briefed by the Commission on the talks with the United States on the second stage of the Open Skies deal to open up transatlantic flights.
Passenger rights. The most controversial issue on the agenda is the scope of the draft Regulation unveiled in December 2008 by the European Commission to harmonise EU passenger rights across the board. The draft Directive should apply to all regular transport services by bus and coach and the Swedish Presidency has agreed that a raft of exemptions should be introduced. The regulation would not, for example, apply to city, suburban or regional commuting, apart from the compensation and non-discrimination aspects of the new rules. A transitional exemption period of up to 15 years is planned for regular transport within any Member State and for some connections between the EU and countries outside the EU. Renting a coach for one's own private use, for example, and other special services for specific types of passenger would not be covered by the regulation. Occasional transport of specific types of passenger is only covered by the compensations and non discrimination aspects of the regulation. Some 13 delegations (the Czech Republic, Germany, Denmark, Estonia, Spain, Ireland, Lithuania, the Netherlands, Portugal, Romania, Slovenia, Slovakia and the United Kingdom) want the regulation to be restricted to regular national and international bus and coach journeys but most are prepared to go along with the Presidency's suggestions apart from the UK, the Netherlands, Germany and Malta, which want the new rules only to apply to international bus and coach trips. The Presidency is also suggesting: 1) compensation for passenger accidents, death or injury (see EUROPE 10041) and lost or damaged baggage, but the Commission and Austria oppose changes to the initial draft, wanting damage to mobility aids like wheelchairs to be fully covered and passengers to be provided with help in covering their practical needs after an accident; 2) accident liability (in other words, who should pay) should, be decided by national legislation; 3) non-discrimination and help for disabled and reduced mobility passengers. Like for other forms of transport, it is illegal to refuse to let somebody board (apart from for health and safety reasons or because of the lack of suitable infrastructure) and the disabled and those with reduced mobility have to be provided with help free-of-charge but only in special areas designated by the Member States. 4) In the event of cancellation or a delay of more than two hours, the transport company must offer passengers the choice of continuing the journey, having the ticket price refunded or being taken back to where they boarded. Bulgaria, Denmark, Spain, Ireland, Poland, Romania and Slovakia say that the concept of 'force majeure' has to be added, absolving transport companies of liability. Finland and Hungary argue that better coverage is needed for delays. To the disappointment of the European Commission, the Presidency version has watered down the measures on assistance for passengers in the event of delays (refreshments, snacks, meals and accommodation where required). Over dinner, the ministers will discuss 'green corridors'. Three deals with be signed on the fringes of the Council, including an aviation agreement between the EU and Canada. (A.By. trans fl)