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

2. 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

3. 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’

4. 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

5. 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

6. 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

7. 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

8. 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  

9. 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

10. 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

11. Presentation by Dr. Sara Drake Cardiff University, UK.
Policy Department Citizens’ Rights and Constitutional Affairs
Responsible Administrator: Jos HEEZEN