DIRECTORATE GENERAL FOR INTERNAL POLICIES PETITIONS Analysis of the transposition and implementation of Regulation 261/2004 on air passenger rights at national level

Overview of presentation I: Brief overview of Regulation 261/2004, its implementation, shortcomings, and the state of play II: Five areas identified for improvements, and recommendations for national parliaments and EU institutions

I: Brief overview and state of play Automatic rights Disruptive events Remedial rights Right to information Denied boarding Involuntary upgrading or downgrading Delay Cancellation Right to care and assistance Right to reimbursement or re-routing Right to compensation -subject to the exception of ‘extraordinary circumstances’

II: Five key areas identified for improvements and recommendations Passenger awareness and knowledge Legal certainty National enforcement regimes Individual enforcement and redress Regulatory burden on the airlines

Recommendation 1: Passenger awareness and knowledge National parliaments European institutions Ensure NEBs proactively monitor the right to information Ensure NEBS proactively promote passenger awareness and accurate knowledge of EU rights   Continue information monitoring of NEBs and compliance with the right to information Continue to promote passenger awareness including guidance on what passengers should do when their travel is disrupted

Recommendation 2: Legal certainty National parliaments European institutions Ensure that NEBS proactively clarifying the law here there is travel disruption   Promote training for those involved in enforcement at national level (e.g. NEBs, ADR entities and national judges) The Commission should continue to issue non- binding guidance, particularly on the definition of ‘extraordinary circumstances’ Support the national training

Recommendation 3: National enforcement systems National parliaments European institutions Ensure national enforcement policies and legal framework which has sufficient deterrent effect Continue to collate data on individual complaint handling and sanctioning by the NEBs Continue to develop the NEB network including the use of wikis  

Recommendation 4: Individual enforcement and redress National parliaments European institutions Ensure clear distinction between general and individual enforcement Continue to support ADR entities Consider making ADR decisions binding Support development of collective redress   Continue to develop the ADR network and collate data Consider making the payment of the right to compensation automatic Support the development of collective redress  

Recommendation 5: Managing the regulatory burden on airlines National parliaments European institutions Ensure that air traffic control have sufficient capacity to cope with the growing aviation market Ensure airlines can recover costs from third parties who cause travel disruption   Ensure reduction in delays due to the actions of third parties, particularly air traffic control. Co-operate with EU initiatives to increase capacity in the aviation market

Concluding remarks There is scope for national parliaments to improve compliance and, as a consequence, the enjoyment of EU rights by air passengers should improve. A strong national (public) enforcement regime is essential, which should be complemented by strong mechanisms for individual redress

Presentation by Dr. Sara Drake Cardiff University, UK. DrakeS@cardiff.ac.uk Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrator: Jos HEEZEN poldep-citizens@europarl.europa.eu