Brussels, 04/04/2007 (Agence Europe) - The European Commission has given member states and airlines six months to remedy the shortcomings detected in applying the EU regulation on air passenger rights (compensation for flight cancellations, extended delays and involuntary downgrading). If progress is not made over the next six months in implementing the rules, the Commission may launch legal proceedings and begin drawing up new legislation.
In a report drawn up two years after the new air passenger rights regulation (261/2004/EC) came into force, the European Commission criticises the member states for failing to apply the rules consistently. There are still differences, for example, in how 'delays' and 'cancellations' are defined, and how the regulation is applied by national bodies supposed to apply penalties to airlines when they fail to respect legislation. The Commission criticises the way complaints are dealt with (the time it takes to hear a case, failure to issue penalties on companies failing to apply the regulation and language problems when complaints are lodged in other member states) and legal differences in the type of penalties imposed. In most member states, penalties tend to be administrative and are only penal in three countries (the UK, Belgium and Denmark). Failure to respect the regulation in Belgium can carry a sentence of up to a year in prison. The Commission is therefore planning to make a quality assessment of penalties applicable in the different member states for companies violating EU rules. The new rules came into force in February 2005 and foresee that in the event of a flight being cancelled, airlines must find equivalent alternatives to the cancelled flight in terms of itinerary and departure and arrival times, or pay passengers €600 for the cancellation of a flight of more than 3500 km; €400 for flights of 1500 to 3500 km; and €250 for flights of up to 1500 km unless 'special circumstances' apply, or the airline informed passengers of the cancellation at least a fortnight before the planned departure date or a week before the departure if an equivalent alternative solution is provided. Airlines must also provide aid in the event of delayed flights. The Commission has also criticised the definition of 'delays' and 'cancellations' because at times, airlines 'delay' flights by 48 hours (classifying them as 'late flights') whereas in reality the flights were 'cancelled' for technical reasons. Airlines use this to get round requests from passengers for compensation. The Commission is considering introducing more detailed criteria to distinguish between delays and cancellations by improving on data collection and ensuring the status of every flight is clearly recorded. Greater detail is also required over the 'special circumstances' foreseen in the regulation, which enable airlines to get out of paying compensation in the event of delays or cancellations that passengers were not informed about sufficient time in advance. The Commission says such 'special circumstances' are a constant source of conflict among passengers, airlines and national bodies, which are unable to make in-depth investigations and generally rule in favour of the airline.
The European Commission is calling for improvements in how the regulation is implemented in close consultation with interested parties. A meeting in May 2007 and another in June 2007 will look at this issue and draw up a 'good practice guide', clarifying the difference between 'delays' and 'cancellations' and clarifying the compensation system. Once the lessons have been learnt from the two meetings (in the summer of this year), if there are still gaps the Commission will take a more binding approach and start issuing infringement proceedings. If the infringement proceedings do not have the desired outcome, the Commission says it is prepared to launch a legislative debate to change the current system, but it would rather avoid this. Close Commission sources suggest that the Commission wants to stabilise passenger rights two years after they were introduced, rather than draw up new legislation.
With a view to improving relations between airlines and their customers, the European Commission has prepared a new poster campaign for passengers. The posters, in all languages, will be displayed at airports, explaining 'Your rights and where to complain'. The poster will provide updated information on the new legislation and the rights of reduced mobility passengers. (aby)