The rights of disabled air passengers

The negotiations on the financial perspectives overshadowed almost all other items on the European Union's agenda over the past weeks. Nevertheless, in the same week the deal was struck, the European Parliament agreed on a lesser-known issue but which will have a direct impact on the lives of a substantial part of the 50 million people with disabilities across Europe.

Parliament agreed on a landmark Regulation on the rights of disabled air passengers. Thanks to this new legislation, disabled people may not be refused transport on ground of their disability, except for safety requirements established by international, community or national law. This will hopefully put a stop to the practices adopted by some low-cost carriers that were systematically refusing boarding to individuals having disabilities. Ryanair was even found guilty of discrimination in court because of one such case in the United Kingdom.

Assistance to disabled passengers will no longer be regarded as a sort of courtesy service by the airlines and airport authorities. Disabled passengers will now have the right to receive this assistance. This must be given free of charge. It must also be uninterrupted and not solely from after check-in. The assistance must start from the arrival at designated points in the airport, such as taxi stops, train stops and car parks, to departure.

The main responsibility will lie with the airport authorities with airlines expected to contribute for the upkeep of this system. Major airlines had initially put some resistance because they wanted to retain the right to offer this service by means of their in-house staff without the need to resorting to an airport centralised system. The main concern of the disability groups to this stand was that, without the financial contribution of these airlines, the financial feasibility of such operations could be jeopardised.

The Regulation establishes strict rules for airport managing bodies in order to guarantee harmonised assistance for disabled passengers. In addition, airports with more than 150,000 passengers a year will have to set quality of standards, also in close consultation with disabled people's representative organisations.

Airline and airport personnel will have to undergo mandatory training to meet the specific needs of people with disabilities.

Disabled persons will also have the automatic right for compensation for lost or damaged wheelchairs or mobility equipment and assistive devices, even if they do not have insurance cover.

The Regulation had been in the pipeline since 2000 and the European Disability Forum played a crucial role in getting it approved.

The relevance of the European Parliament's vote grows given that an agreement has already been reached with the Council on this compromise text which allows EU transport ministers to formally adopt the Regulation in first reading and without amendments.

The report on the Regulation, ably drafted by British Labour MEP Robert Evans, was approved with 506 votes in favour. As Mr Evans himself remarked immediately after the vote, amazingly there were six members who voted against and one who abstained!

This is the sort of legislation that really marks an improvement in the life of people. This is what Social Europe should be all about.

Mr Muscat is a Labour member of the European Parliament. He represented the Parliament's Disability Intergroup in roundtable talks with airlines, airport authorities and stakeholders on the Regulation of the European Parliament and of the European Council concerning the Rights of Persons with Reduced Mobility when Travelling by Air.

www.josephmuscat.com