Six months to make it work

On April 4, the European Commission presented a report that evaluates the results and the application of the air passenger rights regulation. The report states that although some progress has been made since its introduction two years ago, further important steps should be taken to ensure that airlines apply the rules more consistently. The report also stressed that these rules should be better enforced by member states.

The regulation protects the rights of passengers travelling by air in case of delays and disruption of flights. The regulation introduced new rules on compensation and assistance for air passengers in the event of denied boarding, cancellations, long delays and involuntary downgrading. Depending on the circumstances, the regulation requires airlines to provide passengers with assistance such as accommodation, refreshments, meals and communication facilities, offer re-routing and refunds, pay compensation, and proactively inform passengers about their rights under the regulation.

However, in order that passengers may enjoy this protection, the regulation must be enforced. This enforcement is the responsibility of the governments of the member states who originally approved it. The Commission watches over its application to ensure that the regulation is enforced and citizens reap the benefits. It protects the citizens' rights.

The main finding of the report was that although there is no doubt that air passengers enjoy better protection today, the Commission wants to ensure that airlines and member states fully comply with their obligations.

The Commission Vice-President Jacques Barrot in charge of transport said: "The Commission will give them six months to make the air passengers regulation work and will provide them with full support in that process."

Although stranded passengers now have specific rights, they are still in a weaker position compared to airlines. For example, airlines often do not inform passengers about their rights when their flights are disrupted, although the regulation obliges them to do so, since passengers need this information to claim their rights.

The Commission identified a number of areas where further work is required. Apart from improving enforcement, there is a need for clarifying the interpretation of certain aspects of the regulation, establishing clearly the distinction between delays and cancellations as different rights are awarded to the passengers depending on the circumstances, and enhancing the role of the National Enforcement Bodies that oversee the application of the common rules.

During the next six months, the Commission will intensify co-operation with the National Enforcement Bodies and airlines to achieve better results. If the final outcome remains unsatisfactory, the Commission will initiate infringement procedures against member states. Should these contacts and procedures fail to reach satisfactory results, the Commission could consider amending the current regulation.

The Commission has also prepared updated information material in order to better guide passengers concerning their rights. A new poster will be available at all airports before the summer.