EU Air Passenger Rights

Transcription

1 EU Air Passenger Rights EU- WACRA Meeting 18 June 2014 Jean-Louis Colson, Head of Unit Passenger Rights Unit DG MOVE European Commission

2 EU Legal framework Regulation (EC) No 261/2004 on air passenger rights Applies to: cancellation, delay, denied boarding, downgrading Regulation (EC) No 1107/2006 on passengers with reduced mobility (PRMs) and disabled passengers Specific measures to support the travel of PRM Regulation (EC) No 2027/97 on air carrier s liability (as amended by Regulation (EC) No 889/2002) Transposes the Montreal Convention into EU law 2

3 Why is there a need for revision for 261/2004? There is the need for: fine-tuning the existing rights to ensure these are properly applied and that a balance is ensured between the interests of passengers and the industry 3

4 What we are proposing 1. Clarify grey areas and close loopholes 2. Simplify complaint handling 3. Better coordinate enforcement policies 4. Ensure a realistic financial cost 4

5 Thresholds on compensation for delay 3 hours following the Sturgeon ruling Intra-EU: 5 hours. Extra-EU: 5 hours up to 3500km; 9 hours between 3500 and 6000km; 12h beyond 6000km Intra-EU: 3 hours up to 3500km; 5 hours above 3500km. Extra-EU: 3 hours up to 3500km; 5 hours between 3500 and 6000km; 7 hours beyond 6000km Council: Presidency progress report of June 5 hours for all flights less than 1500km and intra-eu of more than 1500km 9 hours between 1500 and 3500km; 12h above 3500km 5

6 Amounts for compensation Intra-EU: EUR250 up to 1500km, EUR400 beyond 1500km Extra-EU: EUR250 up to 1500km, EUR400 between 1500 and 3500km, EUR600 beyond 3500km unchanged Intra-EU: EUR300 up to 2500km; EUR400 between 2500 and 6000km; EUR600 beyond 6000km. Extra-EU: EUR300 up to 2500km; EUR400 between 2500 and 6000km; EUR600 beyond 6000km Council: Presidency progress report of June EUR250 : all flights of 1500km and Intra-EU between 1500 and 3500km, EUR400: Intra-EU more than 3500km and Extra-EU between 1500 and 3500km; EUR600 : Extra-EU beyond 3500km 6

7 Missed connecting flights Right to compensation if the passenger reaches the final destination with a delay of more than 3 hours (Folkerts ruling) Right to compensation if the passenger reaches the final destination with a delay of more than 5/9/12 hours Right to compensation if the passenger reaches the final destination with a delay of more than 3/5/7 hours provided the preceding flight had a delay of 90 min at the transfer point Council: Opposition from several delegations to include connecting flights. Presidency still insists on Parliament proposal. 7

8 Accommodation in extraordinary circumstances No limit Limited to 3 nights at EUR100 per night and per passenger Limited to 5 nights and EUR125 per night and per passenger Council: Last compromise from Presidency Limited to 3 nights and EUR100 per night per passenger if the airline does not provide accomodation. 8

9 List of extraordinary circumstances Not included Binding non-exhaustive list. Technical issues which arise during the flight are extraordinary. Binding exhaustive list but Commission proposal empowered to add items through delegated acts. Technical issues are almost never extraordinary Council: Presidency progress report Binding not exhaustive list and distinction between acts of Good and technical safety shortcomings 9

10 Contingency planning Not covered Airports with more than 3 million passengers Airports with more than 1.5 million passengers Council: Last compromise from Presidency Airports with more than 5 million passengers (Member States may lower the threshold for their airports to 3 million) 10

11 Not covered No show policy Partial ban of no-show policy for return tickets only Partial ban of no-show policy for return tickets only Council: Deleted in the Presidency progress report of June 11

12 Liability for mobility equipment Limited by the liability limits of the Montreal Convention except if the passenger makes a special declaration which lifts the limit to the declared value Special declaration has to be provided free of charge Special declaration has to be provided free of charge Council: Special declaration may be charged 12

13 Enforcement NEBs in charge of sanctioning, no formal coordination NEBs in charge of sanctioning; formal coordination from a Committee that may prepare recommendations, reporting requierments NEBs in charge of sanctioning; formal coordination from a Committee that may prepare recommendations Council: Better information exhange and coordination 13

14 Complaint handling by airlines Not mentioned Airlines must publish complaint-handling procedures and addresses and respond within 2 months Airlines must publish complaint-handling procedures and addresses and respond within 2 months Council: Airlines must publish complaint-handling procedures and addresses and respond within 2 months 14

15 Out-of-Court dispute resolution Not included Passenger may turn to out-of-court dispute resolution along the lines of the ADR Directive. These bodies will cooperate and exchange information with NEBs Out-of-Court dispute bodies should be different from NEBs. Airlines are obliged to participate in the ADR system. Council: Disputes reagarding monetary redress to be handled by out-ofcourt resolution bodies 15

16 Baggage-enforcement No enforcement NEB also responsible for baggage rules NEB also responsible for baggage rules Council: No enforcement 16

17 Timeline for adoption The European Commission made the proposal for the revision on 13 March First reading of European Parliament adopted on 5 February Progress report (the second one)presented by the Greek Presidency on 5 June Italy will have the Council rotating Presidency starting with 1 July