Brussels, 16/02/2005 (Agence Europe) - As previously announced (EUROPE 9 February p 10), the European Commission adopted a draft regulation on Wednesday for guaranteeing better passenger information about airlines and setting up a “black list” of less safe companies. Although the document guarantees more transparency, it is less ambitious than the initial proposals. The Commission also adopted another draft regulation on strengthening the rights of people with reduced mobility, as well as a communication announcing a series of other measures that it may take in the short and medium term to strengthen passenger rights in all areas of transport.
Following the Egyptian Flash Airlines Boeing accident in January 2004, there has been a greater need and a clear demand for informing passengers about airlines they choose and the levels of security on them. This is why in one of the draft regulations, the Commission wants airlines to be compelled to inform travellers of the identity of the airlines the moment they reserve their tickets. Travellers should also be informed about any change of airlines once the reservation has been made. The proposal obliges Member States to publish a list of transporters banned from their airspace or those which have flying restrictions imposed on them for security reasons. On the basis of this information, the Commission will publish a consolidated list of less safe airlines which travellers can consult.
The proposal will undeniably reinforce airline passengers' rights compared to the current situations by confirming their “right to know”. However, in cases of airlines changing, it cannot allow refusals to change or demand changes of airline, as opposed to what was previously proposed in a text (EUROPE 29 September 2004). The Commission explained that this was down to the necessity of “responding flexibly to market developments.” It also said that better information would already begin to improve the situation. Other measures will need to be made. Transport Commissioner Jacques Barrot said in a press conference, “I am not saying that the process is finished”. This is why the Commission will “examine whether offering this information provides sufficient passenger protection”. The proposal also stipulates that five years after the entry into force of the regulation, a report will be made on its application and whether revision will be needed.
The Commission looks more determined with its draft regulation on strengthening the rights of people with reduced mobility (such as the disabled or the elderly). The Commission wants to ban airlines that refuse to register embarkations or reservations for those with reduced mobility, even if derogations are allowed for safety reasons and on the condition that these people are informed in writing. The proposal compels airport management providers and airlines to provide free assistance to these groups of people. The costs will be billed to the airlines. This assistance, specified in the proposal annexes, could include different areas: helping people with reduced mobility get to check-in or the airplane or even helping transport their wheelchairs on board the planes. Member States will have bodies ready to take charge of applying the rules, as well as the sanctions if provisions are breached. The Commission will produce a report on implementation by 1 January 2010.
The College does not intend to stop there and in a communication drew up a list of measures that could be taken in the short and medium term for reinforcing passenger rights in all transport. In maritime, and international coach travel, it hopes to examine the possibilities of: guaranteeing the rights of those with reduced mobility; assurances for compensation and passenger assistance when journeys are interrupted; setting up a liability and insurance system in the event of death or injury of maritime passengers, independent of the flag the ship is sailing under; guarantees of a suitable level of insurance and a uniform approach in responsibility for international coach travel. For airlines, the Commission will look at the possibility of introducing legislation for implementing information provisions for passengers so that they can compare the levels of service provided by the different companies. It also wants to bring the representatives of airlines and railways together to “obtain a voluntary commitment from them for creating integrated ticket sales” to allow passengers travel easily while combining different modes of transport. Finally on the basis of a study, for which the results are expected out in the middle of the year, the Commission will reflect on “liaison with industry and opportunities for strengthening passenger rights in the event of airline bankruptcies”.