In good news for frequent flyers, the European Commission has announced a series of measures to strengthen the enforcement of passenger rights across Europe. The Commission considers freedom of movement to be one of the most important rights of EU citizens, and travelling to be necessary for the exercise of this right. On this basis, the EU set minimum standards of quality for air passenger protection in 2004, entitling air passengers to, amongst other things, compensation in respect of cancellations and the right to be offered re-routing. The Commission’s plan examines the Passengers Rights Regulation, and identifies possible improvements.
The Commission outlines developments since its 2007 review of this Regulation, noting that the volcanic ash crisis of April 2010 brought the limits of the Regulation into focus. In particular, the Commission considers that the proportionality of unlimited liability in respect of passenger care arising from natural disasters may merit assessment. This issue in particular has been criticised by airlines which suffered massive financial liability in the wake of the ash cloud crisis. Industry spokesmen have warned that imposing further unreasonable costs on airlines would result in higher fares for passengers. The Commission plans to increase preparedness should a similar event happen again.
The Commission has also identified three specific areas requiring improvement in the area of passenger rights: harmonised enforcement of rights, facilitation of the enjoyment of rights in practice, and raising awareness about those rights. The Commission has identified a range of actions to overcome obstacles facing passengers and industry in relation to rights under the Regulation. These actions, such as information campaigns and the publication of details regarding compliance with the Regulation, will build upon the existing mechanisms and procedures in place. The Commission plans to carry out an assessment to evaluate the impact of the proposed actions with a view to announcing further measures in 2012.
The Commission has concluded that tougher enforcement of passenger rights is needed, so that the rights can be more effectively accessed and so that industry can have more clarity and a level playing field across Europe. That said, it will likely be 2012 at least before concrete changes are proposed, and further in the future still before such changes are implemented. So even though those who are in the process of planning their summer holiday still have the usual worries to deal with, change, while distant, is on the horizon.
Contributed by Claire Waterson.
