Fact Sheets on the European Union – 2 - EU Bookshop - Europa

4 Common policies 6
Transport policy
greenhouse gas emission allowance trading within the
Community’. All flights landing at and taking off from
European airports are accordingly to be included in this
scheme from 2012. Distortions of competition should
therefore be eliminated and the environmental efficiency of
air transport improved. Unlike the situation to date, allocation
is no longer based on historic emissions, but on a uniform
European benchmark. Airlines already using efficient aircraft
today are thus being rewarded. In the initial period (2012),
emissions should be reduced by 3 % compared with the
period 2004–06 and by 5 % in the second period (from
1 January 2013).
B. Passenger rights
1. Overbooking, denied boarding, delays
The first common rules for a system of compensation payment
in the case of denied boarding on scheduled flights were set
out in Regulation (EEC) No 295/91 of 4 February 1991. Package
flights were governed by Directive 90/314/EEC.
On 17 February 2005, Regulation (EC) No 261/2004 of 11
February 2004 came into force, establishing common rules on
compensation and assistance to passengers in the event of
denied boarding, and of cancellation or long delay of flights. It
was aimed at securing a higher level of protection for
passengers and as these events can cause serious
inconvenience, passengers have the right to claim
compensation. In the event of denied boarding due to
overbooking or cancellation of flights, passengers’ rights
include reimbursement of their tickets, a free return flight to
the point of departure or a later flight to their destination, or
compensation (staggered up to EUR 600 for flights of over
3 500 km). Additionally, meals, refreshments, means of
telecommunication and hotel accommodation if necessary
must also be made available. In the event of a delay,
passengers have the right to compensation depending on the
length of the delay.
2. Black list of unsafe airlines
The Council and the European Parliament drew up a blacklist
of unsafe airlines in Regulation (EC) No 2111/2005 of 14
December 2005, thus strengthening passengers’ right to
information. The EU-wide blacklist will be updated at least
every three months. It contains the names of all airlines where
there is evidence of serious safety defects or where it has
become clear that the authorities responsible for an airline are
unwilling or unable to implement safety norms or oversee an
aircraft. Airlines on this blacklist are prohibited from flying in
EU territory. It will no longer be possible for an aircraft which
has been banned from taking off or landing in one Member
State to fly to another Member State.
The ticket vendor is required — regardless of how the booking
is made — to inform passengers of the identity of the airline
with which they will fly, as soon as it has been determined.
Passengers have the right to reimbursement or an equivalent
flight, in the event of the reserved airline being added to the
black list after the booking was made.
3. Rights of passengers with reduced mobility
The Council of Ministers and the European Parliament agreed
on a series of rights for passengers with reduced mobility in
Regulation (EC) No 1107/2006 of 5 July 2006. The regulation
includes the following elements.
— The creation, in all airports with over 150 000 passengers,
of designated points which people with reduced mobility
can approach to request assistance. They cannot be
refused boarding, except in a few very strictly defined
cases.
— The airport operators are responsible for the provision of
these services free of charge. Those affected cannot be
charged for any additional costs. The request for assistance
(for example to and from the aircraft) must be made
known by the persons concerned at least 48 hours before
departure.
— All airlines (according to their passenger share) are to
contribute to the financing of these services.
4. Insurance requirements for aircraft operators
The objective of Regulation (EC) No 785/2004 of 21 April 2004
was the harmonisation of the level of insurance in air transport,
establishing the minimum levels of insurance cover per
passenger and per item of luggage. The minimum level of
insurance in respect of third-party liability was also established.
The rules are equally valid for Community airlines as for non-
EU aircraft operators and apply to damage occurring in flight
and on the ground. As well as accidents, insurance must also
cover the risks of war, hijackings, acts of terrorism and
sabotage. Aircraft operators are obliged to present insurance
certificates to the competent Member State authorities.
Role of the European Parliament
In numerous reports and statements, the European Parliament
(EP) emphasised the significance of a common air transport
policy as well as stronger competition between airlines. In the
resolution of 4 May 2000, Parliament put forward the opinion
that the development of the internal market for European air
transport had contributed positively to competition and that
passengers now have at their disposal an extensive range of
flights at often cheaper prices. However, other elements such
as delays and overbooking must not be permitted to impair
the benefits of liberalisation. With regard to State aid, the EP
welcomed the end, as announced by the Commission, of the
transition period for State aid for airlines and put forward the
view that State airlines should be made to exist within an
entirely commercial environment.
On the subject of time slot allocation, the EP requested in the
same resolution that the Commission submit a proposal for
the revision of the relevant regulation. In the subsequent
legislative procedure, the Parliament supported the
Commission’s proposal in principle. However, it secured
improvements for example with regard to the empowerment
and independence of the coordinator and to market entry
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